Special educational needs and the law: Some practical implications

This article focuses on the law relating to special educational needs. It discusses the impact which the growth in the area of parental rights has had on LEA administrative and executive functions. It highlights varying circumstances leading up to the processes of statutory assessment and statementing in which parents and the LEA may find themselves in a position of conflict and tension. This article provides an analysis of how one specific LEA has sought to respond to the burgeoning workload and associated pressures brought about by changes in educational legislation, regulations and case law and the general increase in the number of appeals lodged against it.     

成就目标理论与我国的课程改革

通过对成就目标的定义、分类,影响成就目标的因素,成就目标与学业求助,成就目标与动机的关系等几个方面的分析,及对成就目标理论的研究现状进行总结,旨在揭示它对我国现行课程改革的启示作用。     

人大代表的特殊保障制度——1954年以来的回顾与反思

1954年宪法时期我国人大代表仅享有较低程度的身体保障权而不享有言论免责权,这给后来人民代表大会制度遭到破坏埋下了伏笔。1975年和1978年宪法时期不存在对人大代表的特殊保障。1982年宪法实施以来人大代表的特殊权利保障制度逐渐走向完善,但在言论免责权和身体保障权方面仍有不少亟待改进之处。     

国防专利的特殊性研究——兼谈知识产权保护制度之创新

关于国防专利的特殊性主要围绕权利归属和保密性两个问题展开。在权利归属问题上,有观点认为国防专利的所有权主体只能是国家,这种观点是错误的,依据有关法条和法理基础,国防专利权归属是多元化的。在保密性问题上,确实存在着与一般专利的公开性之间的冲突,这也是采取国防专利这种特殊保护模式的根本原因所在。国防专利是专利制度的一个例外。整个知识产权保护制度也在不断发展和创新,国防专利保护对其他特殊类型的知识产权保护具有一定的借鉴意义。     

全国人大增设专门委员会问题探讨

全国人大专门委员会的设置仍处于发展和完善的过程.完善专门委员会的设置十分必要.建议在现行的9个专门委员会的基础上,再增设11个专门委员会.     

Criminogenic needs and human needs: A theoretical model

Over the last two decades, empirical evidence has increasingly supported the view that it is possible to reduce reoffending rates by treating or rehabilitating offenders rather than simply punishing them. In fact, this shift from a punishment to a rehabilitation model is arguably one of the most significant events in modern correctional policy. Criminogenic needs, dynamic risk factors, have been the focus of a considerable amount of research and are viewed as primary intervention targets. Drawing from the correctional, psychological, philosophical, and social policy literature, we distinguish between instrumental and categorical needs. The latter are derived from assumptions about human nature and provide the theoretical grounds for the former, as well as for criminogenic needs. We argue that an enriched concept of needs embedded in the notion of human well being, can provide a coherent conceptual basis for rehabilitation and also avoid the problems apparent in the concept of criminogenic needs. From this perspective, criminogenic needs are usefully construed as the internal and external obstacles associated with need distortion. Therefore, they are directly linked to basic need distortion and the absence of the internal and external conditions necessary for a person to lead a fulfilling life. Finally, we outline a possible framework utilising categorical needs and discuss the clinical and policy implications of our perspective.     

Copyright and the educational use of software

Copyright subject to the usual qualifications applies also to computer software. But not every unauthorised copy is an infringement of copyright. It is now certain that the exemptions of the Copyright Act, 1956 relating to private study, research and education are relevant for computer programs. There is a sharp distinction between non‐commercial use and the exploitation for profit of copyright materials. Those engaged in copying (rather than publishing) within education for the public good need to be aware of the somewhat complex protection they have under English Law. The view point of public sector education is put forward here to provide a balance in the argument.     

Arson and the Special Part

This commentary on Michael Cahill’s Grading Arson argues that Cahill’s analysis inevitably leads to three possible conclusions. First, arson does not belong in criminal codes. Second, crimes of manner do not belong in criminal codes. And, third, the special part needs serious reconsideration. Although Cahill is reticent to draw any of these conclusions, this commentary urges Cahill to embrace all three.

Special Edition: Special Issues on Children,Families, and the Law

Law and Human Behavior -