THE VIOLENT FAMILY

This article focuses on the lawyer-client relationship when there is domestic violence. Explained are the dynamics of domestic violence, its often hidden nature and cycle. The article also describes the characteristics to look for and provides profiles of the abused and the abuser.     

Trickster, Hero, Helper: A Report on the Lawyer Image

This study presents evidence that there are three distinct images of lawyers that are held by both lawyers and the public. The lawyers' professional subculture and values are explored through examination of the three images and their interrelationships as seen from differing perspectives. Implications are drawn concerning issues of lawyer identity, social responsibility, lawyer-client relations, and the unity of the bar. The images are related to other symbolic structures, including the adversary system, the family, and Western myth.     

Social capital and knowledge acquisition in professional-client relationships

This paper examines the role of social capital in professional-client relationships. We consider exploring the effects of social capital on the creation of human capital, a subject which is worthwhile investigating within all professions. In this paper, we concentrate on what are known as the structural and attributive dimensions of social capital and aim to understand their effects on the knowledge acquisition of professional practitioners. We analyse the association between social capital and human capital (i.e., knowledge acquisition) in the context of the lawyer-client relationship. Through the application of social capital theory, this paper seeks to advance our knowledge of the relations between professionals and clients. More importantly, the study contributes to improving our understanding of the role of social capital in influencing a lawyer's ability to retain and win new clients.     

证据法的基本权利保障取向

证据法的理性主义传统,既要求通过理性证明的方式去查明事实真相,而非诉诸神明和暴力;又不以追求真相为最高目的,而是将其视为实现正义的手段.这种理性传统,决定了法治国家证据制度具有求真、求善的双重功能,并将公正奉为首要价值,从而奠定了基本权利保障的价值取向.我国证据法学研究和证据制度建设正在经历从义务本位向权利本位转型,权...     

An Exploratory Framework for Community-Led Research to Address Intimate Partner Violence: a Case Study of the Survivor-Centered Advocacy Project

This case study discusses the Survivor-Centered Advocacy (SCA) Project, a community-based participatory research (CBPR) project that convened anti-violence advocates from culturally specific communities to design and implement research. The project used a unique approach to build grassroots research capacity and center survivors of intimate partner violence from historically marginalized communities. This approach coalesced into the creation of an exploratory Community-Led Research (CLR) framework that incorporated trauma-informed, research justice and language justice principles. The CLR framework responded to community members’ desire to lead, rather than simply participate in, the research process. As a result, five studies were designed and executed by practitioners turned community-based researchers, most of whom had never before engaged in research, except as subjects. The CLR framework integrated the skills and experiences of community-based and external researchers, and led to high levels of engagement, rich data, more equitable research processes and innovative research projects.     

Cloning and stem cell research: a critical overview of the present legislative regime in Australia and the way forward

The application of stem cell research in biomedical science has recently sparked debates similar to the calls nearly 25 years ago for a ban involving recombinant DNA. This article critically examines the present legislative framework in Australia governing stem cell research and cloning, after briefly seeking a clear understanding of what these procedures involve, as well as suggesting an ethical paradigm within which these issues can be approached. The deficiencies in the proposed legislative framework are also highlighted. Australia has a duty to future generations to pursue the benefits unlocked by this type of research and it is hoped that the next two years will lead to more insights regarding the potential of such research and hence a revision of the present legal impediments.     

Determinants and consequences of university spinoff activity: a conceptual framework

The characteristics and behavior of university spinoff activity is an important subject in economic and management studies literature. Such studies merit research because it is suggested that university innovations stimulate economies by spurring product development, by creating new industries, and by contributing to employment and wealth creation. For this reason, universities have come to be highly valued in terms of the economic potential of their research efforts. The aim of this paper is to offer a framework for the study of academic entrepreneurship that explains different aspects of university spinoff behavior in a coherent way. We suggest that the existing literature on this topic can be categorized into six separate streams and synthesized in a framework that captures the determinants and consequences of spinoff activity.      

Understanding the Relationship Between Mental Disorder and Violence: The Need for a Criminological Perspective

This paper offers a criminologically informed framework to guide research on the relationship between mental disorder and violence. Criminological theories examined include social learning, social stress, social control, rational choice, and social disorganization. In addition, the "criminal careers" and "local life circumstance" methodologies are reviewed. It is argued that adopting a criminologically informed framework that takes into account within-person changes over time will contribute greatly to our understanding of the factors that affect violence among people with mental disorder living in the community, and enhance the capacity of research to support effective evidenced-based case management programs aimed at reducing violence.     

The professional responsibility of lawyers: emotional competence, multiculturalism and ethics

Traditional legal education and the Socratic method it utilises are by and large successful at training lawyers to think, reason and analyse. The cultivation of lawyers' intrapersonal and interpersonal skills, however, has been, at best, neglected by the profession. All lawyers, like all human beings, are emotional. Emotions affect who they are and how they practise law, whether or not they are conscious of them. As emotions cannot be removed from the practice of law, it is essential that lawyers learn to understand and manage their emotions, as well as learn to be attuned to their clients' emotional lives. Ignorance of concepts such as countertransference, denial and unconscious bias adversely impact the lawyer-client relationship. Lawyers who understand basic psychological principles and behaviours, who are aware of their own psychological makeup, understand their cultural perspective and recognise and credit their clients' differences, will enhance their effectiveness as counsellors. The client whose lawyer has these competencies will enjoy a therapeutically superior counselling or representational experience. The neglect of either the lawyer's or the client's emotional life threatens to sabotage the lawyer's ability, and thus professional responsibility, to render competent and impartial legal advice. Through drawing parallels to the training and practice in other counselling disciplines and relationships, this article argues that psychological-mindedness and multicultural competence are essential elements of ethically responsible legal representation.     

From dynamic risk factors to causal processes: a methodological framework

ABSTRACT

It is becoming increasingly apparent that dynamic risk factors are unable to function as explanations of offending because they are composite constructs, which contain a mixture of putative causes, states of affairs, and problematic cognitive, affective, behavioural and social states associated with crime. In this paper we draw from psychopathology research and theory on the conception and classification of mental disorders to develop the Dynamic Risk Research Framework (DRRF). In our opinion, the assumptions and methodological tool associated with this framework can better focus research into the causes of offending by making use of the information provided by dynamic risk factors. A conceptual framework such as the DRRF can arguably translate this valuable information into deep, coherent explanations, and ultimately, more streamlined and precise intervention strategies.     

Towards a Policy Framework for the Use of Knowledge in Innovation Systems

Policies meant to stimulate knowledge intensive innovation, should be based on a sound and realistic view how knowledge, especially scientific and technological, is used in innovation processes, and the workings of the innovation system and the complex flow of knowledge within it. Report is given on recent attempts in the Netherlands to formulate a policy framework that avoids basic assumptions of linear models of innovation. Instead, the framework is based on the interactive and cyclical ways knowledge is used in innovation systems. In case studies it is shown that application of the framework may help in analytical clarification. It is argued that it is important to introduce the framework on an intermediary level in policy making for two main reasons. Firstly, it enables to abstract from the institutions in the research infrastructure and to bring the discussion on such a level that the philosophy behind those institutions can be questioned. Secondly, the framework brings coherence in the discussions what should be done and why. The latter particularly applies to strategic discussions, such as resource allocation between science inspired by ‘science itself’ or ‘science inspired by society.’     

体验的回归：人本心理学启发式研究方案评析

人本心理学家穆斯塔卡斯发展的启发式研究方案具有自身的独特内涵、特征、概念框架和研究过程.作为一种有着系统的概念框架和完整研究步骤的心理学方法体系,启发式研究方案使人本心理学方法论不再流于理论倡导,而是融入到个人经验研究的具体实践,丰富、增进了心理学的质化研究方法.但它尚需进一步澄清、消除自身概念、设计与操作上的混乱之处,并需以辩证唯物主义实践观看待人的本质,确立心理学的整合视野.     

Developing a theory of dynamic risk

ABSTRACT

The Propensities Model is now the dominant applied conceptualization of dynamic risk factors for sexual offending. In this paper five important limitations of this model are identified: it asserts causality but does not explain it; it does not represent human agency; it offers no account of what is involved in the development of propensities; it does not explain stable change in risk; and its account of the operation of static factors is a theoretical leap not supported by the evidence. A more elaborate theoretical framework is developed by integrating ideas from Ward's Good Lives model, Beck's account of schema modes, and Fishbein and Ajzen's Theory of Reasoned Action. This more elaborate framework incorporates the Propensities Model in a way that mitigates its limitations. Implications for research, assessment, and rehabilitation are explored.     

Research on human embryos and cloning: difficulties of legislating in a changing environment and model approaches to regulation

It is difficult to regulate rapidly changing fields of science. New technologies are not anticipated and legislation becomes inadequate. Legislative definitions are also problematic. This article begins with consideration of such difficulties in the context of research on human embryos and cloning. It considers problems with past legislative definitions in Australia, the new regulatory regime, and whether that regime now sets clear boundaries. It is found that problems still exist--some terms are not adequately defined and boundaries for research prove unclear. Three regulatory approaches are therefore discussed. Legislation based on strict definitions is compared to a legislative model that leaves terms undefined. The third model--which combines framework legislation with the oversight of a regulatory authority--is seen as most suitable. However, problems with this model are recognised and suggestions made regarding how to ensure the "framework" remains workable and effective.     

Correctional Policy for Offenders with Mental Illness: Creating a New Paradigm for Recidivism Reduction

Offenders with mental illness have attracted substantial attention over the recent years, given their prevalence and poor outcomes. A number of interventions have been developed for this population (e.g., mental health courts). They share an emphasis on one dimension as the source of the problem: mental illness. Their focus on psychiatric services may poorly match the policy goal of reducing recidivism. In this article, we use research to evaluate (a) the effectiveness of current interventions, and (b) the larger viability of psychiatric, criminological, and social psychological models of the link between mental illness and criminal justice involvement. We integrate theory and research to offer a multidimensional conceptual framework that may guide further research and the development of efficient interventions that meaningfully reduce recidivism. We hypothesize that the effect of mental illness on criminal behavior reflects moderated mediation (i.e., the effect is direct in the case of one subgroup, but fully mediated in another); and that the effect of mental illness on other “recidivism” is partially mediated by system bias and stigma. We use this framework to propose three priorities for advancing research, articulating policy, and improving practice.     

Legal Constraints on the Use of Race in Biomedical Research: Toward a Social Justice Framework

This article addresses three questions concerning the legal regulation of the use of race as a category in biomedical research: how does the law currently encourage the use of race in biomedical research?; how might the existing legal framework constrain its use?; and what should be the law's approach to race-based biomedical research? It proposes a social justice approach that aims to promote racial equality by discouraging the use of "race" as a biological category while encouraging its use as a socio-political category to understand and investigate ways to eliminate disparities in health status, access to health care, and medical treatment.     

Safety demand and supply: An alternative to fear of crime

This review provides an opportunity to assess the current state of gang research and suggest directions for its future. There has been a dramatic increase in research on gangs, gang members, and gang behavior since the early 1990s, making this review especially timely. We use Short’s three-level framework of explanation to organize the findings of prior research, focusing on individual-, micro-, and macro-level research. Attention is focused on the findings of such research, but we also examine theoretical and methodological developments as well. Drawing from Short and life-course research, we introduce a cross-level temporal framework to guide future directions in gang research.     

The role of a Proof of Concept Center in a university ecosystem: an exploratory study

The Proof of Concept phase in university technology transfer is considered to be critical for the success of both licensing and the creation of spin-off companies. In the United States, Proof of Concept Centers are emerging as successful structures to address the challenges of this phase. In this paper, we present a framework to assess the role for such a structure in a university ecosystem. The framework is built from previous references that we use to explicitly link the features of Proof of Concept Centers with the challenges of the Proof of Concept phase, and establish their specific contributions to the overall technology commercialization efforts of a university. We illustrate the application of this framework in a case study of the University of Coimbra, in Portugal, and develop a characterization that is representative of the role that a Proof of Concept Center can play in comparable university ecosystems that feature conventional technology commercialization structures, and struggle with the challenges of the Proof of Concept phase. Our study suggests that there is in fact a possible role for a Proof of Concept Center in the regional ecosystem of the University of Coimbra, with a potentially very relevant impact in the technology commercialization process, through networking outside academia and research environments, funding of Proof of Concept activities, and technology entrepreneurship education for the development of entrepreneurial skills for researchers.     

Intervention with sexually abusive young people in Australia and New Zealand

Abstract

Research into the treatment of sexual offenders with an intellectual disability has increased over the past decade. This research can be used to investigate the efficacy of treatment; however, empirical limitations of the research make generalizations difficult. Marques has provided a framework for examining treatment efficacy that emphasizes the contribution of researchers and clinicians to report treatment outcomes rather than a strict reliance on rigorous empirical investigations, such as controlled outcome research. This review uses Marques’ framework to present an overview about group treatment for sexual offenders with an intellectual disability using nine identified studies. This paper attempts to consolidate our knowledge about specific treatment issues, while demonstrating the varied outcomes that are reported in the literature. In employing this framework, the literature suggests that our knowledge can be substantially improved by research addressing specific areas of treatment.     

Concussions and youth football: using a public health law framework to head off a potential public health crisis

Concussion from sport is increasingly recognized as a public health priority. In response, all states and the District of Columbia have enacted youth concussion legislation. This paper first examines key developments in concussion-related policy and legislation and then uses the findings from recent scientific studies to highlight the need to incorporate evolving scientific evidence into concussion legislation in order to better protect youth and adolescent athletes. Next, the paper discusses the framework of empirical health law research and why it should be applied in the case of concussion legislation. Finally, this paper argues that empirical health law research should be considered in any decision about whether legislation can help improve the health and safety of young players, a particularly vulnerable population whose unique needs have not yet been adequately addressed.