Technology-transfer strategies of DOE's conservation programs

This paper examines the process by which R&D results funded by the Office of Conservation and Renewable Energy (CE) of the US Department of Energy (DOE) have generated commercial applications. It looks at examples of technology-transfer procedures and activitees across three of CE's component offices that correspond to the major energy end-use sectors: transportation, buildings, and industry. On the surface, the conservation programs would appear to have little strategic consistency and, therefore, lack the clear leadership many seek in a technology-transfer program. However, as an alternative to strategic consistency, one may tailor the technology-transfer approach of each program to its unique circumstances. This paper presents case studies of such tailoring, in which the diversity of approaches mirrors the complexity of the energy end-use markets and the private-public interests that must be negotiated to successfully commercialize energy-saving innovations. The paper discusses the lessons learned about the conditions requiring adaptive design and the structures and practices that have been proven effective.     

Differentiating fragmented human and nonhuman long bone using osteon circularity

Distinguishing between human and nonhuman bone is important in forensic anthropology and archeology when remains are fragmentary and DNA cannot be obtained. Histological examination of bone is affordable and practical in such situations. This study suggests using osteon circularity to distinguish human bone fragments and hypothesizes that osteons will more closely resemble a perfect circle in nonhumans than in humans. Standard histological methods were used, and circularity was determined using an image analysis program, where circularity was controlled for by Haversian canal measurements. Homogeneity was first tested for multiple variables within human and nonhuman samples. No significant differences were found between human sexes (p = 0.657) or among nonhuman species (p = 0.553). Significant differences were found among intraskeletal elements of both humans (p = 0.016) and nonhumans (p = 0.013) and between pooled samples of humans and nonhumans (p < 0.001). Results of this study indicate that osteon circularity can be used to distinguish between fragmented human and nonhuman long bone.     

Federal democracy,distributive justice and the future of Europe

Discussions pertaining to advancing strategic policies and democracy in the EU cannot afford to disregard a fundamental institutional dilemma of the EU's political system, the conflict between intense interdependence and power sharing in a multilevel polity for one, and autonomy of governments as a condition for democratic legitimacy of power for another. Conceiving the EU as a federal democracy draws attention to this dilemma. This concept suggests democracy-preserving modes of governance instead of coercive coordination (policy adjustment to competition in the common market, joint decision-making among governments, central regulation by law and court decisions), which so far predominate in most relevant policy fields. It also calls for procedures to cope with issues of distributive justice stemming from territorial disparities in resources and burdens. The article conceptualises these challenges and outlines feasible steps to advance federal democracy in the EU.     

Theorising Children's Rights in Youth Justice: The Significance of Autonomy and Foundational Rights

This paper develops a theoretical approach to children's rights in youth justice, located within a wider rights‐based theory of criminal justice which emphasises the centrality of citizens' autonomy. Understanding what is special about children's rights in the youth justice system requires an understanding of how children's autonomy differs from that of adults. One difference is that within the legal system children are not considered to be fully autonomous rights‐holders, because childhood is a time for gathering and developing the assets necessary for full autonomy. These assets should be protected by a category of ‘foundational’ rights. It is argued that an essential component of a rights‐based penal system for children is that it should not irreparably or permanently harm the child's foundational rights. The concept of foundational rights can then underpin and strengthen international children's rights standards, including those relating to the minimum age of criminal responsibility, differential sentencing for children and adults and a rights‐based system of resettlement provision.     

保险人明确说明义务批判

保险合同法可以体系化地解读为意思自治、给付均衡与合理期待三个核心原则的组合。立法者希望籍说明义务来消减信息不对称,贯彻意思自治。但在建构制度规范时,并未考虑信息传送方的履行成本,对信息接收方的识别成本与关注焦点也存在认识误区。这种过度理想化的设计已被实践证明是失败的。立法应废止实质性的明确说明义务,代之以形式化的信息提供义务。对于意思自治的不足,可以通过提升给付均衡度和更有效保障被保险人对获取保险产品的合理期待加以填补。     

The Frontal Sinus Cavity Exhibits Sexual Dimorphism in 3D Cone‐beam CT Images and can be Used for Sex Determination

Few studies have assessed the use of the frontal sinus cavities for sex differentiation. In this study, a new methodology was used to assess the reliability of CBCT images of the frontal sinus cavity for determining sex based on the sexual dimorphism found in this anatomical structure. The survey sample consisted of 130 scans that were reconstructed three‐dimensionally. 3D images of the cavity volume in the frontal, lateral, and basal views were exported in TIFF. The following variables were measured in a second program: area, perimeter, bounding rectangle, ellipse fit, circularity, aspect ratio, roundness, solidity, and Feret's diameter. The methodology demonstrated the existence of sexual dimorphism with an accuracy of 80.0% in the logistic regression model. The basal view had the greatest explanatory power in the final model. This methodology may be used as an alternative way of determining a reliable biological profile during the analysis of skeletal remains.     

Anatomy of Judicial Backlash: Southern Leaders,Massive Resistance,and the Supreme Court, 1954–1958

Exploiting a range of archival materials, we argue that state‐level variation in judicial backlash to Brown was as much the result of strategic choices by southern political elites as it was the ingrained prejudices of the region's white voters. Presenting case studies of massive resistance in Mississippi, Louisiana, Virginia, and Arkansas, we show that elite agency profoundly shaped the patchwork development of grassroots resistance to integration across the South. These findings challenge the prevailing view that backlash to Brown signaled the unequivocal triumph of racial conservatives. Rather, we argue that the region's response offered individual members of the southern elite significant autonomy to direct massive resistance in their home states. We also argue that southern lawmakers were responsible for the South's embrace of popular constitutionalism post‐Brown, and thus that it may not have been “popular” at all. We conclude that studies of judicial backlash would do well to reevaluate the assumption that backlash is necessarily a grassroots phenomenon.     

NGOs,international courts,and state backlash against human rights accountability: Evidence from NGO mobilization against Tanzania at the African Court on Human and Peoples' Rights

When nongovernmental organizations (NGOs) encounter state resistance to human rights accountability, how do NGOs use international courts for their human rights advocacy strategies? Considering the overlapping phenomena of shrinking civic space within authoritarian, hybrid, and democratically backsliding regimes, and state backlash against international courts, NGOs navigate two potential levels of state backlash against human rights accountability. Building on the interdisciplinary scholarship on legal mobilization, we develop an integrated framework for explaining how states' two-level (domestic and international) backlash tactics can both promote and deter NGOs' strategic litigation at international human rights courts (IHRCs). States' backlash tactics can influence NGOs' opportunities, capacities, and goals for their human rights advocacy, and thus affect whether and how they pursue strategic litigation at IHRCs. We elucidate the value of this framework through case studies of NGOs' litigation against Tanzania at the African Court on Human and Peoples' Rights, an understudied IHRC. Drawing on an original data set, interviews, and documentation, we process-trace how Tanzania's various backlash tactics influenced whether and how NGOs litigated at the Court. Our framework and analysis show how state backlash against human rights accountability affects NGOs' mobilization at IHRCs and, relatedly, IHRCs' opportunities for influence.     

EXPANDING COLLABORATIVE DIVORCE THROUGH THE SOCIAL SCIENCES

Since collaborative law was first proposed, collaborative practitioners have expanded its concepts and methods as it has grown in acceptance by professionals and the public. This article addresses how collaborative law can further expand its theoretical and practical base by drawing from social science perspectives on negotiation, conflict resolution and third‐party interventions. It also explores how collaborative practice draws upon two prevailing models of negotiation, the strategic problem‐solving and the social‐psychological model, and demonstrates how tools from each model can be used at different points in a collaborative case's lifecycle.     

High‐End Demand: The Legal Profession as a Source of Judicial Selection Reform in Urban China

Most studies of comparative judicial politics suggest that judicial autonomy emerges from democratic competition, but despite its authoritarian political system, China has introduced reforms that increase merit‐based competition, transparency, and modest professional autonomy in local courts. Variations in judicial selection procedures across urban China reflect differences in local markets for professional legal services: when mid‐ranking judges can easily find lucrative local employment as lawyers, court leaders strategically reform appointment and promotion mechanisms to retain these young, but experienced, judges. These findings are based on nearly fifteen months of in‐country fieldwork, conducted between 2012 and 2014, including forty‐nine interviews with judges across three different cities: Shanghai, Shenzhen, and Chengdu. Employing the subnational comparative method, this article not only builds theory regarding the legal profession's role in authoritarian states, but also offers new empirical detail regarding the selection, performance evaluation, and behavior of judges in urban China.     

PARENT EDUCATION PROGRAMS IN FAMILY COURTS: BALANCING AUTONOMY AND STATE INTERVENTION

This work considers how court‐connected parent education programs can assist parents to access dispute resolution processes that best suit their families’ needs, in a manner involving appropriately curtailed levels of state interference with parental autonomy. After reviewing traditionally accepted limits on state interference with family functioning, the increased concern for children's emotional well‐being, and data relating to one parent education program, the author concludes that providing mandatory “basic level” informational programs to all separating parents seeking access to the family law regime is a warranted level of state intervention. “Skills‐building” programs aimed at achieving demonstrably changed parental practices should be available on a voluntary attendance basis.     

Women's status and fertility in rural India

This article examines the relationship between women's status and fertility in India in the current (third) phase of the Indian fertility transition that began in the period 1900–1920. Variables used in the study include caste, occupation, and education of husband and wife, educational status of the household, role of female in the society, autonomy in decision-making, and interaction with and exposure to mass media. Women's status is conceptualized at the micro-level using the household as a unit; and the macro-level using society as a unit. Given the low levels of female literacy and participation in salaried employment, variables such as caste, education, and occupation of husband have been included in the computation of women's status. The variables, age-specific fertility rate, fecundity, and the number of children ever born, have been used as measures of fertility. Among other findings, the study reveals that there is a difference of approximately two births in the total fertility rate between low status and high status groups of women, and that there is an inverse relationship between the autonomy in decision-making and the level of fertility.     

Long-term follow-up of a preschool experiment

Objectives

This study was designed to provide experimental evidence of the effects of a preschool program on young children living in poverty. It began as a program evaluation but now, half a century later, serves as a test of the long-term effects and return on investment of high-quality preschool education for young children living in poverty.

Methods

This study was conducted in the U.S., beginning in the 1960s, and has generated data on study participants from birth through 40, with new data now being collected at age 50. The study used random assignment procedures to assign 123 children to a preschool program and a control group who receive no preschool program.

Results

Program participants surpassed non-participants in intellectual performance at school entry, school achievement throughout schooling, commitment to schooling, high school graduation rate, adult employment rate and earnings, reduced childhood antisocial behavior, and reduced adult crime and incarceration. The program's return on investment was at least seven times as great as its operating cost.

Conclusions

While these powerful results have been found not only in this study but in several similar studies, they have not been found in studies of larger preschool programs, such as the Head Start Impact Study. This discrepancy suggests that differences between the two types of programs account for the better results found in studies such as this one. Among these differences are highly qualified teachers, a valid child development curriculum, extensive engagement of parents, and regular assessment of program implementation and children's development     

Women's status and fertility in rural India

This article examines the relationship between women's status and fertility in India in the current (third) phase of the Indian fertility transition that began in the period 1900–1920. Variables used in the study include caste, occupation, and education of husband and wife, educational status of the household, role of female in the society, autonomy in decision-making, and interaction with and exposure to mass media. Women's status is conceptualized at the micro-level using the household as a unit; and the macro-level using society as a unit. Given the low levels of female literacy and participation in salaried employment, variables such as caste, education, and occupation of husband have been included in the computation of women's status. The variables, age-specific fertility rate, fecundity, and the number of children ever born, have been used as measures of fertility. Among other findings, the study reveals that there is a difference of approximately two births in the total fertility rate between low status and high status groups of women, and that there is an inverse relationship between the autonomy in decision-making and the level of fertility.     

Toward a strategic-repositioning model for defense and aerospace contractors

This paper discusses progress in developing a strategic-positioning model for defense and aerospace contractors in the post-Cold War era. Going beyond traditional concepts of technology transfer, defense conversion, and corporate diversification, strategic repositioning is concerned with the entire set of organizational transformations required to successfully focus the firm's core competencies onto other economic sectors. It is a process of looking at all of the firm's capabilities, resources, and aspirations in a completely new light. Construction of the strategic-positioning model, now in progress, involves three stages: 1) conceptualizing the process, 2) formulating a theory of strategic repositioning through exploratory discussions with defense contractors at various stages of the process, and 3) constructing a strategic- repositioning decision-support tool for defense firms undertaking the process. This paper reports the results of the second stage, the exploratory discussions. Surprisingly, technology was of the least concern to the contractors. Rather than the technology itself, contractors were concerned about the different expectations of non-DOD markets regarding such ancillary technology issues as quality, reliability, maintainability, and the degree of technological standardization. Of greatest concern was the nature of the organization, particularly the contractor's corporate culture and how well it would fit with non- DOD markets.     

The Influence of “Changing Directions” on the Self-Esteem of a Delinquent Population in a Correctional Setting

There is increasing evidence that low self-esteem is a possible basis for risk-taking behaviors such as substance abuse, sexual promiscuity, and juvenile delinquency. Thus, it has been hypothesized that by enhancing an adolescent?s self-image, a decrease in the incidence of such behaviors can be realized. The present study examines the effect of one secure juvenile facility's treatment program on adolescent self-esteem. The findings reflect the program's effectiveness with regard to self-esteem elevation. A follow-up study, to determine whether this heightened self-esteem is maintained and/or results in decreased delinquency is forthcoming.     

Disconnected relationship values and marriage policies in England

The article examines relationship values which influence the government’s marriage-related policies. It constructs a framework of core values as the ‘conception of the desirable’ to highlight a central problem for the government: there are many conflicting values that can be identified as potentially relevant. Traditional morality and equality highlight marriage as the ultimate goal for heterosexual and same-sex couples by emphasising responsibility, commitment and stability to encourage and strengthen couple relationships. The articulation of these values associated with celebrating marriage is evident in policies such as transferable tax allowances for married couples and couple relationship education. However, marriage is a public and a private institution which encompasses disconnected values. The article analyses the different values that policy-makers confront by examining evidence from interviews with stakeholders which suggests that marriage-related policies do not necessarily resonate with various actors’ understanding of relationship values. They compete with values such as individual autonomy, the desire for financial security and diverse relationships.     

Multicultural Justice: Will Kymlicka and Cultural Recognition

Abstract. The article concentrates on Kymlicka's major area of research, i.e., the issue of justice for minority cultures. It deals with his perspective on cultural recognition in a multicultural society, which is grounded on his argument for culture and autonomy. Specifically, it covers issues such as cultural and moral pluralism, the justification for policies of cultural recognition, and the relation between cultural identity and membership. The aim of the article is to emphasise what the dangerous implications could be, in a multicultural society, were policies of cultural recognition to be predominantly or solely founded on liberal values.     

过失犯中被害人的作为义务与自我负责的边界

被害人自我答责理论强调自我决定,从而保障个人自由。法所关注的领域,是交往性的契约领域。非契约领域,属于个体的自治空间。刑法并不关注发生在"自我管辖领域"内的"侵害行为和侵害结果"。在自治领域,被害人应当确保"结果的不发生"。对参与被害人"自我管辖领域"内的行为,立足于限制的正犯概念和共犯的二元参与体系的概念,能够在教义学上得到准确解读。义务人在事实上有防止结果发生的可能性、义务履行与利益损害不能显著失衡、不能以生命为代价履行义务、人身保护与财产保护义务的"强制力"应当有别,是考量作为义务边界的因素。超出财产保护义务履行范围的,义务人完全进入到了自我管辖的空间。对于造成的损害结果,由被害人答责。超越人身保护义务的,应区分职业义务人与非职业义务人,分别对待。行为人创设的风险与职业义务人伤亡之间存在紧密关联之时,属于急迫性风险,由行为人答责。职业义务人正常履行职业义务的,属于职业性管辖。职业义务人发生误判之时,不能由职业义务人自我答责。无义务者实施保护行为造成损害的,应该对侵害结果自我答责。