A Multilayered Jurisdictional Patchwork: Immigration Federalism in the United States

This article focuses on the immigration‐related demands currently being placed on local police in the United States and the emergence of what we call a “multilayered jurisdictional patchwork” (MJP) of immigration enforcement. We report results from nationwide surveys of city police chiefs and county sheriffs and intensive fieldwork in three jurisdictions. The enforcement landscape we describe is complicated by the varying and overlapping responsibilities of sheriffs and city police, and by the tendency for sheriffs to maintain closer relationships with federal Immigration and Customs Enforcement (ICE) authorities. We conclude by reflecting on the implications of the MJP—for immigrants, for their communities, and for the evolving relationship between levels of government in the federal system.     

The Organization and Operation of Teen Courts in the United States: A Comparative Analysis of Legislation

Teen courts are juvenile justice diversion programs found in most states. Programs vary significantly between, and even within, states, making regulation cumbersome. Their grass roots nature requires legislative latitude so each program can meet the specific needs of the communities they serve. States have passed both specific and broad legislation acknowledging their existence and providing referral sources. This article examines teen court legislation from every state, analyzes each, and draws conclusions about teen courts from a legislative perspective.     

Appearance Without Counsel: Self-Representation in the Criminal Courts of the United States and Canada

Previous attempts to ground structural effects have averaged the responses of individuals in survey research and consequently equate properties of the respondent with attributes of the system itself. This technique (Blau, 1960; 1974) generates philosophical controversy which can only be avoided by measuring properties of criminal justice agencies having no counterpart at the individual level (offenders, police, correctional workers) of analysis. Sampling designs must subsume both organizations and individuals to formulate generalizations about interorganizational processes. Applying conventional multivariate statistical models, we are able to examine one type of characteristic while simultaneously adjusting for the effects of the other.     

An Overview of the Courts Catalyzing Change Preliminary Protective Hearing Benchcard Study

This paper presents an overview of the Courts Catalyzing Change: Achieving Equity and Fairness in Foster Care Preliminary Protective Hearing Benchcard Study. In the fall of 2009, the National Council of Juvenile and Family Court Judges (NCJFCJ) began a study to examine the effects associated with judges' use of the Preliminary Protective Hearing Benchcard. For this study, data were gathered from case file information (both court and agency files) and from courtroom observations of more than 500 children in Los Angeles, California; Omaha, Nebraska; and Portland, Oregon. Data from a baseline sample were collected at each of the three sites, and judicial officers at each site were randomly assigned to either a Benchcard group or a control group. Benchcard implementation appears to be associated with more discussion and higher quality discussion of key dependency topics during preliminary protective hearings. Benchcard implementation also corresponds to increased judicial inquiry and parental engagement. Benchcard use also was associated with more family placements—placement with a charged parent, a non‐charged parent, or a relative—at the initial hearing and even more family placement at adjudication when comparing the same judges before and after Benchcard implementation. Similarly, the percentage of children who were reunified with the charged parent at the initial hearing and the adjudication hearing increased after Benchcard implementation.     

Forgotten Children of Immigration and Family Law: How The Absence of Legal Aid Affects Children in the United States

The absence of government‐appointed legal counsel in immigration proceedings adversely affects large numbers of children in the United States. Children born in the United States to parents without citizenship status (U.S.‐born children of noncitizen parents or UCNP) are harmed by a parent's detention and removal. Unaccompanied alien children (UAC) who have entered the country without legal status are adversely affected by their own detention and removal. The possibility of obtaining relief from removal is drastically diminished by the lack of legal representation. Currently UAC and immigrant parents are not entitled to court‐appointed attorneys. Any meaningful change in immigration law, such as a federal statutory amendment to provide UAC and immigrant parents with government‐appointed counsel is unlikely due to the present political dissension in Congress regarding this issue. Because UAC and immigrant parents are not entitled to government‐funded legal representation, a pro bono legal service system has developed, but is unable to meet the present need adequately. For immigrant parents, this Note proposes the adoption of a statute to allow the appointment of court liaisons in family court proceedings. The court liaison is a nonattorney who is familiar with the processes of the family court and ensures that immigrant parents are fully informed regarding all pertinent family court proceedings. For UAC, this Note proposes an amendment to the William Wilberforce Trafficking Victims Protection Reauthorization Act to mandate the appointment of a child advocate to all UAC. The child advocate is not a lawyer, but works with the UAC's attorney to provide the child with legal representation and advocacy.

Key Points for the Family Court Community:
• UCNP confront the loss of parents to detention and removal. Children are condemned to limbo, torn between absent biological parents and placement in foster care.
• The recent surge in the number of UAC who enter the United States by crossing the border from Mexico has been described as a humanitarian crisis. These children often remain alone without legal protection, vulnerable to detention and removal.
• Ideally, UAC and the immigrant parents would be provided with government‐funded legal representation in immigration proceedings. In the absence of the federal statutory reform necessary to make that a reality, state statutory reform to allow for the provision of court liaison programs for immigrant parents and federal statutory reform to allow the appointment of child advocates for UAC can begin to offer children and families needed legal support and advocacy.

     

Hearing the Voice of the Child: Current Practice in Family Courts in Germany

German family courts have a long‐standing tradition of hearing the child's voice when proceedings affect the child. This article aims to provide an overview of the German procedural rules. The current role and practice of child hearings in family courts and the direct effects on the child are discussed in detail. The perceived benefits, challenges, and pitfalls are deliberated from the viewpoint of the psychological expert. Hearing the voice of the child in person is increasingly viewed as beneficial to the proceedings if the judges and other professionals involved possess the necessary qualifications and competence.     

A Naval Revolution and Institutional Change: The Case of the United Provinces

This study starting from the debate of the influence of the so-called military revolution on the emergence of modern states, analyses the neglected aspect of the influence of seapower on socioeconomic change, using a formal model. It is maintained that the choice of seapower by a state leads to a different regime than the choice of land military power, because sustainable seapower necessitates a wide alliance of interests, which brings with it more democratic regimes, develops new more efficient and complex forms of organizations, requires the acquisition and diffusion of new knowledge and expertise that brings with it institutional change and economic growth. The present study concludes with a short presentation of the United Provinces (the Dutch Republic) turn to the sea.JEL Classification: N0, N4, C7, O0     

Unconscionability of E-contracts: A Comparative Study of India,the United Kingdom,and the United States

Liverpool Law Review - Adhesion contracts have a strong likelihood of being unconscionable. The laws and principles are further complicated by the introduction of electronic contracts, specifically...     

The Criminological Enterprise in Europe and the United States: A Contextual Exploration

European criminology obviously means more than simply the collaborative efforts (on drugs, restorative justice, youth gangs) between researchers and scholars from Europe. In this essay, the author compares and contrasts American criminology with criminology in Europe (as it exists in individual countries), without aiming for the essence of European criminology. She points to differences between the US and Europe with regard to the criminological enterprise (such as history, scale, degree of institutionalisation, accessibility, diversity in theory and method, the critical and self-reflexive stance, and focal research questions), and to the differences in doing science, doing justice, and doing crime. American criminology is a powerful influence in Europe, although there may be a tendency to overestimate the importance of American criminology, because of the dominance of English-language publications. American criminology has made many positive contributions to the field of the study of law, crime and social control, and it continues to do so. However, if one defines the essence of American criminology as being policy-oriented, methodologically-driven, and lacking theoretical lustre, diversity, and critical edge, then the fear of Americanisation of European criminology is well-placed. It is not the criminological enterprise of the US per se, but rather the notion of Americanisation which is really at issue here.     

美国先占优先权制度研究

先占优先权主要适用于美国西部,它依据"先占优先原则"确立用水权,即"先占用水体并将其投入有益使用者优先享有用水权".先占优先权与用水的优先级别存在很大差别,它包括主体、先占时间的确定、占用、客体以及优先权等五项要素.先占优先权可因抛弃、没收和时效原因而丧失.     

Criminal justice education in the United States: A profile

Various commissions from the Wickersham (1931) to the National Advisory Commission on Higher Education for Police (1978) have called for the upgrading of police educational levels. Junior colleges, colleges and universities have responded by creating a plethora of educational programs. However, currently, little is known about the nature, form, or practice of criminal justice education in the United States. In attempting to fill this void, data from the Law Enforcement Education Program (LEEP) are presented concerning the number of students, criminal justice majors, and degrees awarded as well as institutional control, location, and type. These previously unpublished data are presented in a primary form (frequency distributions and cross-tabulations) to allow the reader to draw conclusions about the nature and scope of criminal justice education. Brief interpretations, however, are provided.     

Software patents in the United States: A balanced approach

This paper tracks the interesting journey of software patents in the United States from both a historic and current standpoint. The U.S patent system has drifted from being strict in the 1970s to being fairly lenient in 1990s and now again strict since 2007. The revolutionizing and famous Bilski case that is redefining the boundaries of software patents is described, and the impact of this Court case on software patents is discussed. The challenges in issuing software patents in terms of proving novelty and non-obviousness are presented in an attempt to bring forward some of the questions in the software patent debate. The uniqueness of software as an invention is analyzed to understand why software should be considered differently compared to other industries. The advantages and disadvantages of software patents are discussed. The paper concludes by providing recommendations and proposing a balanced approach to software patents.     

美国仇恨犯罪理论引入之前提性研究

为了解决现阶段我国社会频繁出现的以报复社会为目的的犯罪案件以及群体性暴力事件问题,美国仇恨犯罪理论被引入刑法学和犯罪学的研究之中.但是本文通过从产生背景、犯罪原因和治理策略上对中美两国仇恨犯罪进行比较,最终认为中美两国仇恨犯罪无法被等量齐观,美国式仇恨犯罪在中国语境下并不具有相应的理论解释能力,径直将西方的研究模式移植到中国语境来分析中国特有的法律和社会问题的研究思路值得反思,因此应当对该理论的引进保持谨慎的态度.