THE CASE FOR ADOPTION ALTERNATIVES

In this article, the author takes a unique approach to adoption, criticizing the law's heavy emphasis on adoption while not promoting other permanency alternatives. The author advocates the use and promulgation of subsidized guardianship and cooperative adoption as positive alternatives to traditional adoption. First, the author considers the Adoption and Safe Families Act (ASFA). Discussions of therapeutic jurisprudence and preventive law follow. Then, she talks about family systems theory and cultural competence, leading to discussion of her two favorite alternatives. After examining these theories and approaches, she concludes that these options do a better job of maintaining family relations and correspond more closely with psychological theory.     

THE RESERVATION OF THE SEAS EXCLUSIVELY FOR PEACEFUL PURPOSES

The general principle of the high seas shall be reserved for peaceful purposes is embodied in the United Nations Convention on the Law of the Sea (UNCLOS), and it is comprehensively in conformity with the principles and purposes of the UN Charter. It is also applicable to the Exclusive Economic Zones (EEZs). In exercising their rights and performing their duties under the United Nations Convention on the Law of the Sea, the States Parties shall refrain from any threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the principles of international law embodied in the Charter of the United Nations. It can only be said that “military activities” do not include “law enforcement activities.” Marine scientific research conducted for military purposes is, if contrary to the principles in article 301 of the Convention, forbidden in any part of the oceans.     

关于审判监督程序的回顾与思考

<正>民事案件种类众多,情况复杂,任何国家和地区的法官审结的民事案件,都不可能保证百分之百的完全正确无误,有的可能在认定事实上有误,有的可能在适用法律上有误,有的可能在运用法定程序上有误,即使在有些国度法官不负责认定事实,但不能说在适用法律、运用程     

USING THE CORRECT STATISTICAL TEST FOR THE EQUALITY OF REGRESSION COEFFICIENTS

Criminologists are often interested in examining interactive effects within a regression context. For example, “holding other relevant factors constant, is the effect of delinquent peers on one's own delinquent conduct the same for males and females?” or “is the effect of a given treatment program comparable between first-time and repeat offenders?” A frequent strategy in examining such interactive effects is to test for the difference between two regression coefficients across independent samples. That is, does b₁= b₂? Traditionally, criminologists have employed a t or z test for the difference between slopes in making these coefficient comparisons. While there is considerable consensus as to the appropriateness of this strategy, there has been some confusion in the criminological literature as to the correct estimator of the standard error of the difference, the standard deviation of the sampling distribution of coefficient differences, in the t or z formula. Criminologists have employed two different estimators of this standard deviation in their empirical work. In this note, we point out that one of these estimators is correct while the other is incorrect. The incorrect estimator biases one's hypothesis test in favor of rejecting the null hypothesis that b₁= b₂. Unfortunately, the use of this incorrect estimator of the standard error of the difference has been fairly widespread in criminology. We provide the formula for the correct statistical test and illustrate with two examples from the literature how the biased estimator can lead to incorrect conclusions.     

REFUSING TO BLAME THE VICTIM FOR THE AFTERMATH OF DOMESTIC VIOLENCE

This note addresses the decision of Nicholson v. Williams and the significant impact it will have on the rights of domestic violence victims. Victims are faced with unique challenges with regards to protecting their children from witnessing domestic violence. The Nicholson decision recognizes that the dynamics of domestic violence require special consideration in "failure to protect" cases and that removal from the home is not necessarily the best alternative for the well-being of the children. This note attempts to explain that the abuser, not the victim, is responsible for the effects that domestic violence has on the children who witness it and that it is important to keep the victim and children united to cope with the effects of domestic violence.     

THE CHALLENGES FOR THE ENFORCEMENT AGAINST COPYRIGHT VIOLATIONS IN CHINA UNDER THE TRIPS AGREEMENT

While piracy is a serious problem in China, it is also a global concern. Within the domestic and the TRIPS context, this article discusses various forms of copyright violations in China, their impact on the enforcement of the Chinese Copyright Law, and their causes. In particular, this article discusses the unique aspects in China which make the enforcement of Copyright Law extremely difficult; it also analyzes how the Criminal Law should be used in the combat against piracy, and how China interprets the TRIPS Agreement as it is applicable to China. In addition, this article explores several means that are likely to become the future solutions of the problem of copyright violations in China.