(Re)entry from the Bottom Up: Case Study of a Critical Approach to Assisting Women Coming Home from Prison

Despite decades of critical reframings, policy and practice on prisoner (re)entry often remains situated within a framework of individual responsibility that fails to acknowledge the structural drivers of criminalization. Attending to individual symptoms rather than root social, political and economic causes, such approaches may ultimately reinforce the inequalities and injustices that fuel imprisonment. This article presents a case study of an alternative approach. It examines A New Way of Life Reentry Project, a nonprofit organization in South Los Angeles, California, that offers housing and support to women coming home from prison through a critical and holistic framework—one that attends simultaneously to the physical, mental and social contexts that shape lived experiences before, during and after prison. Drawing from 7 years of observation and participation, supplemented by ten in-depth interviews, I argue that a critical, holistic approach can have a significant positive impact for people returning home from prison.     

The Criminal Justice Approach: Case Examples

The article presents a special form of a European comparative synopsis. For this case examples have been chosen ranging from administrative or minor (criminal) offences to increasingly serious offences and offenders. In this way it can be comparatively demonstrated how the criminal justice systems studied handle specific cases and whether they do so in a similar or different way.     

运用系统鉴定方法检验一起添加变造文件的思考

运用系统鉴定的理论和方法检验变造文件,可以摆脱具体问题的困扰,避开技术难题,转向其它相关要素的研究,从不同角度,不同层面同时揭露文件被变造的事实,以确保检验结论的科学可靠性。系统鉴定理论和方法,尤其是已经研究成功并经实践检验证明科学可靠又易推广的技术方法,应尽快普及到基层文件检验部门,以提高基层部门文件检验技术的科技含量。     

Dominance in the Tetra Pak Case: An Empirical Approach

The 1991 decision of the European Commission on the Tetra Pak case was based on information which seemed to prove the firm's anti-competitive behavior. The Tetra Pak case is investigated here focusing on the meaning of multimarket dominance, using empirical techniques. We find that a more rigorous analysis of the data available would not confirm the Commission's assertions. That is, it cannot be concluded with certainty that the Commission was right to relate Tetra Pak's dominance in the aseptic sector to its market power in the non-aseptic sector. Our results suggest a general framework for the analysis of abusive transfer of market power across vertically or/and horizontally related markets.     

Suing the Philadelphia Police: The Case for an Institutional Approach

Note: The comments of Alan Snyder, Eugene Lewis and the Editor and anonymous reviewers of Law and Policy are gratefully acknowledged.
This article examines the merits of two alternative briefs in Equal Protection litigation on police misconduct. The several suits brought against the Philadelphia Police Department illustrate the shortcomings of the judicially preferred intentionality brief and indicate the need for a more completely specified institutional brief. The background of the two briefs is traced to a dialectical conflict between discretion and control in the idea of law enforcement.
The use of force is not a philosophical issue for a policeman. It is not a question of should or whether, but when and how much (Rubinstein 1973:323).     

A Moral Appeal for Taxpayer Compliance: The Case for a Mass Media Campaign*

This paper examines the ability of the mass media to enhance compliance with the law by the use of moral appeals. Drawing on the moral development literature and the literature of mass communication effects, we set forth a model for designing mass media campaigns directed at improving compliance with the law. Tax compliance is the issue we analyze. While we determine that no appeal, however well-crafted, is expected to reform all tax offenders, and that some approaches are likely to produce less rather than more compliance, we identify hallmarks of a potentially successful appeal.     

Bridging the Gap: A Pragmatic Approach to Understanding Critical Criminologies and Policy Influence

The longstanding connection between criminological theory, research and the design and delivery of criminal justice policy has been challenged in the last 3 decades by a variety of constraints such as the rise of neoconservative attitudes, symbolic public discourses about crime, and the proliferation of capture, monitor, and detect strategies brought about by technological innovation. Building on Kevin Haggerty’s (2004. Displaced expertise: three constraints on the policy-relevance of criminological thought. Theoretical Criminology, 8(2), 211–231.) exploration of the external factors that challenge the transition from criminological theory to criminal justice policy and practice, this paper considers internal challenges that may also be relevant. By examining two recent critical criminological orientating strategies, namely left realism and constitutive criminology, the paper concludes by suggesting that an integrated perspective which draws strengths from each of these approaches could assist critical criminologists to better influence policy in the future.

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“媒体审判”负面效应批判——兼论构建传媒与司法间的和谐关系

"媒体审判"背后实际上是两种理念的冲突表达自由与司法独立.在我国现实语境中,这两种价值都有保护的必要,因此,我国应当采取有效手段对表达自由和司法独立之间的紧张关系进行平衡,从而建构司法和传媒间的和谐关系.     

WTO与WIPO:TRIPS协议框架中的冲突性因素与合作契机之探讨

经过乌拉圭回合长达7年艰苦谈判而最终达成的TRIPS协议,是迄今为止知识产权国际保护中涵盖面最广,总体保护标准最高的知识产权条约.TRIPS协议是世界贸易组织(WTO)法律框架中最为重要的协议之一,是迄今为止知识产权国际保护体系中涵盖面最广,总体保护标准最高的知识产权条约.这也就意味着WTO必然在许多方面超越了世界知识产权组织(WIPO)的职能,并在WIPO之外形成了一个崭新的知识产权国际保护体制.     

论民事执行案外人的救济途径

因民事执行重在迅速的特性,案外人难免会遭受侵害,为此应当给予案外人救济。案外人对执行标的物的争议是民事实体权利义务纠纷,基于审执分离的理论,普遍的观点认为执行机构无权处理案外人异议。现行法律虽然给执行机构处理案外人争议提供了僭妄的机会,但并不意味着执行机构无权处理案外人争议,不论从法理,还是从诉讼经济原则,执行机构处理案外人争议都具有正当性。但是执行机构对案外人争议无最终处理权,在当事人对执行机构的处理不服时,应当由审判机构作最终处理。     

The Need for an Interdisciplinary Approach in Forensic Sciences: Perspectives from a Peculiar Case of Mummification

The finding of a mummified body raises many problems, also because of the limits of the medico‐legal investigations in case of mummification. Psychological autopsy and behavioral analysis have demonstrated a significant impact in case of equivocal death. The mummified corpse of a woman was found sealed in a wardrobe during the death investigation of a 36‐year‐old man, later discovered to be the woman's son. The woman's corpse was well preserved and no external injuries were found. Autopsy could not ascertain the cause of death. The state of the premises and the writings on the walls offered an opportunity to investigate the man's psychological profile and to better understand how the events might have taken place. The role of an accurate investigative analysis of the crime scene is a cornerstone of forensic pathology and the case presented underlies the importance of an interdisciplinary approach in forensic sciences.     

Panic at the Law School! A Critical Case for Legal Subcultures

Law and Critique - Given the original founders, texts, and location of Critical Legal Studies (CLS), its association with the 1960s counterculture is uncontroversial. However, this paper...     

中外双边投资协定对香港的适用问题——评中外双边投资协定第一案管辖权意见

2007年2月,解决投资争端国际中心受理了香港投资者蔡叶深与秘鲁政府之间的投资争议。本案仲裁庭作出的管辖权裁定认为香港永久居民可以享受中国政府1994年与秘鲁缔结的双边投资协定的保护。该观点忽略了在一国两制的框架下,香港永久居民在国际法上某些权利的来源,并且违反了条约解释的国际法原则,造成对缔约方的原意曲解。本案也间接反映出香港特区在双边投资协定实践方面的不足。