Tribal law enforcement authority to enforce state laws

This paper summarizes the current status of the ability of tribal law enforcement officers to enforce state law in all states that have Indian country – defined in 18 U.S.C. § 1151 as any Indian reservation, dependent Indian communities, or Indian allotments – within their borders. It is important to understand the current status of those officers as their agencies look to improve public safety in their nations. First, for context, we provide a brief background on tribes and tribal law enforcement. Then, we present a summary of the legal jurisdictional challenges faced by tribal law enforcement. Finally, we analyze the current status of tribal law enforcement officers in each state and conclude with a summary and concluding remarks.     

Police leniency in traffic enforcement encounters: Exploratory findings from observations and interviews

Despite the volume of time officers spend on traffic enforcement encounters, there was limited research exploring how they used their discretion in such interactions. Issues relating to police decision making patterns in the enforcement of motor vehicle laws were particularly salient in light of the on-going debate over racial profiling. This study examined how officers made decisions (in particular, to stop and to sanction) in the course of traffic enforcement. Using field observations and interviews with officers in a small midwestern agency, the authors described the factors and forces that officers used in making discretionary choices. The findings indicated that leniency in sanctioning was very common and that officers expected citizens to be contrite and acknowledge responsibility for their infractions. Implications for larger and more systematic observational studies are discussed.     

Cops and drivers: Police discretion and the enforcement of Maine's 1981 OUI law

This study examined police discretionary behavior in stopping and arresting drivers suspected of drunken driving in the state of Maine (U.S.A.). A sample of 186 officers was questioned at the beginning and end of a one-year period with respect to their attitudes toward OUI (Operating Under the Influence of Alcohol) law enforcement and their discretionary behavior in regard to OUI.Significant minorities of police officers reported that they made decisions either not to apprehend (thirty-three percent) or not to arrest (forty-one percent) OUI suspects in the study year. Officers who reported discretionary decisions not to apprehend or arrest generally did so infrequently—i.e. five percent of possible apprehensions and ten percent of possible arrests.Type of police department was significantly associated with decisions not to stop OUI suspects: officers in large departments ( ≥ 20 officers) reported more discretion. Officers with longer service careers, administration responsibilities, high personal priorities on OUI enforcement, and favorable opinions of the climate of OUI enforcement were less likely not to arrest OUI suspects.     

Regulation for the enforcement of federal health care provider conscience protection laws. Final rule

The Department of Health and Human Services issues this final rule which provides that enforcement of the federal statutory health care provider conscience protections will be handled by the Department's Office for Civil Rights, in conjunction with the Department's funding components. This Final Rule rescinds, in part, and revises, the December 19, 2008 Final Rule entitled "Ensuring That Department of Health and Human Services Funds Do Not Support Coercive or Discriminatory Policies or Practices in Violation of Federal Law" (the "2008 Final Rule"). Neither the 2008 final rule, nor this final rule, alters the statutory protections for individuals and health care entities under the federal health care provider conscience protection statutes, including the Church Amendments, Section 245 of the Public Health Service Act, and the Weldon Amendment. These federal statutory health care provider conscience protections remain in effect.     

Money laundering laws as a political instrument: the social cost of arbitrary money laundering enforcement

The paper explains the reasons for modern money laundring legislation, namely to reduce the incidence of certain primary offences. Whereas enactment and effectuation of this legislation is costly, its postive effects typically materialize in other jurisdictions (positive external effects). The paper shows that international covenants seek to give direct incentives to overcome the possible underprovision in anti-money laundering legislation and enforcement. The paper also shows how, in such an international context, anti-money laundering legislation can be easily misused as a political weapon in the cross-border fight against "unwanted individuals" and gives concrete examples for such an arbitrary enforcement.

Police officer support for quasimilitary stress training and orientation toward outsiders and nonlaw enforcement functions

This paper is about the meaning of police officers' support for the traditional socialization model of the quasi-military stress academy and its effects on their attitudes toward outsiders and non-law enforcement functions. More specifically, it examines consequences of quasi-military training on attitudes toward civilians in police departments, on serving minority groups and the community, and on criticality ratings of job functions such as mediation, crime prevention and community policing. Based on part of a larger job task survey conducted under the auspices of a state criminal justice training council, it includes over 70 percent of all patrol officers and their first-line supervisors in a rural New England state.     

Unabated gas flaring menace in Nigeria. The need for proper gas utilization and strict enforcement of applicable laws

This paper examines unabated gas flaring menace in Nigeria and calls for the need for strict gas utilization and enforcement of applicable laws. It adopts the doctrinal method in tackling issues raised. For over sixty years, gas flaring continues unabated in the Niger Delta Region. This has resulted in adverse environmental impacts on the people. The government in a bid to end gas flaring, enacted flare abatement laws and introduced fiscal incentives. These laws and measures have not produced the desired results. The paper concludes by stating that the government needs to be more pro-active by strictly enforcing applicable laws pertaining to gas flaring.     

法律冲安时的适用标准——以刘家海诉交警部门案为例

法律毕竞是人为制定的规则,法律之间的冲突从某种意义上是不可避免的.司法,作为规则之治的终结者,自然需要对冲突的法律进行选择适用.尽管立法法已经出台,但现实的司法判决表明,法律冲突时的适用标准依然存在问题.刘家海诉交警部门案就是一例.通过将该案的争论焦点渐次展开可以发现,立法法中貌似明确的适用标准起码可以进行三个方面的补充:一是原则考量的引入,二是"立法权"替代"立法机关"进行解释,三是社会效果考量的必要.     

论行政强制执行

行政强制执行是行政权实现的重要保障.目前,关于行政强制执行的概念存在着执行主体是一元还是多元、执行外延是广义还是狭义的争论;关于行政强制执行的特点则基本达成共识,即具有行政性、强制性和执行性三大特征;关于行政强制执行的种类,按不同的标准,可以有不同的划分.行政强制执行权的归属有三种模式选择,即行政机关自力强制执行、申请司法机关强制执行和二者的折衷.我国虽然采取折衷模式,但尚存在一些弊端,因此,有必要依法加以明确,将行政强制执行权归还行政机关.行政强制执行程序的设定一般应经过作出决定、送达决定和实施决定三个阶段.     

2002年刑事执行法学研究的回顾与展望

据统计,本年度在各类刊物上发表的有关刑事执行法学的论文有200多篇,内容涉及刑事执行法的各个方面.本年度主要的学术活动有:2002年1月30日至31日在北京举行了由中国政法大学刑事司法研究中心、中国人民大学犯罪与监狱学研究所、中国监狱学会等单位联合主办的"刑事执行法制建设理论研讨……     

2001年刑事执行法学研究的回顾与展望

一、研究概况 2001年是新世纪的第一年.在这一年里,刑事执行法学的研究呈现一派欣欣向荣的景象,理论研讨热烈而富有成效的展开.据不完全统计,本年度在各类刊物上发表的有关刑事执行法学的论文有200多篇.出版的专著有:葛炳瑶主编<依法治监论>、王利荣著<行刑法律机能研究>、夏宗素、朱济民主编<中外监狱制度比较研究文集>以及由中国监狱学会和加拿大刑法改革与刑事政策国际中心合著的<中加矫正制度比较研究>等.     

Private antitrust enforcement and the role of harmed parties in public enforcement

It is commonly believed that the possibility to sue privately for antitrust damages increases the probability that anticompetitive actions are prosecuted at the cost of an increased probability that procompetitive actions are prosecuted. We extend the analysis by taking into account that private parties often submit evidence during public investigation. Such parties consider private suit as a partial substitute for public prosecution. The trial option might induce these parties to be less willing to contribute evidence to public cases. Private trials crowd out public prosecution. In effect, the probability of prosecution of anticompetitive actions might decrease, while the earlier result that the probability of prosecuted actions being prosecuted is confirmed. In general, while the attractiveness of trials weakly decreases by considering a reporting possibility, they can remain an enforcement efficacy increasing institution.