Getting the fish to see the water: an investigation into students’ perceptions of learning writing skills in academic modules and in a final year real client legal clinic module

In 2010 Tonya Kowalski described the problems faced by students entering clinic for the first time as a one step backward, two step forward phenomenon. Students appeared initially unable to transfer skills and knowledge learned in earlier academic and other settings to clinic but once they were immersed in clinic their skills development improved rapidly. Clinic is often presented as a “bridge to practice” and delivered as the capstone to more traditional elements of an undergraduate degree. However, even with an integrated approach like that at Northumbria Law School, a seamless transition to the skills required for clinic is challenging and gives rise to a constant review of how best to prepare students. Our research focused on legal writing and used focus groups to find out how students participating in the year four clinic at Northumbria University perceived and adapted their previous experiences of writing for use in the clinical context. It identifies strategies which should be considered for integration into non-clinical modules and in the clinical module itself to facilitate this transition from academic orientated writing to practice orientated writing.     

和谐社会呼唤文化和谐

构建社会主义和谐社会需要文化和谐,文化和谐是文化自身及文化同政治、经济、社会之间相互协调的存在与发展状态。然而,在中国式的社会主义市场经济建设中,在现代化的进程中,尚有一些文化不和谐现象,这是构建和谐社会的障碍。文化建设的种种束缚与文化不和谐现象,要求我们必须对文化作出重新思考、重新选择并积极应对,创造文化与社会的和谐状态,以达到我们的既定目标。     

广东流动人口若干问题研究

广东在中国现代化建设中的地位与贡献有目共瞩。在现代化中的主要构成要素中,流动人口问题是其中一个重要要素。在全国超过一亿的流动人口中,广东占有五分之一,这与经济等方面的成绩是同步的。因而引起社会的广泛关注。人们在研究该现象时,都不能将广东置之度外。因而对于它的研究已经成为关注的焦点。但我们在调查中却发现广东对流动人口统计与其他省分采用同样的方法,其结果也是一样的。较正这样的统计已非简单的数字问题,这对政府推出科学对策有着重要影响。因而,本文将就此作一重新研究,以用科学化的认识观及统计观研究该问题。     

Managing the knowledge asset: America's competitive challenge

The American Economy may still be ridiag on economic legacies that are either outmoded or ill-suited to affect the contemporary competitive environment. One legacy is the managerial dependence of scientific management principles; another is a continued belief in the linear concept of science-driven technology. A second theme discussed in this article is the belief that firms must conceptualize outcomes of their operations. Achieving them will then better focus technological research agendas as well as the need to treat management itself as a technology. Finally, the article suggests that the phenomenon of consortia may be one of the most important economic experiments of the latter part of the century. The potential and pragmatic influence of the consortia is considered and its potential is suggested as problematic.     

Thought suppression,memory, and interrogative suggestibility

Abstract

Ethnomethodologists in the field of offender-based research have recently criticised the earlier use of prison-based samples in research on residential burglary. They claim that interviewing burglars in their natural environment has produced findings of greater validity and reliability. By describing further analysis of data from earlier experimental research on burglars in prison, and drawing on findings from other work on residential burglary, this article sets out to highlight the striking similarity between findings from interview, experimental and ethnographic studies in this area. Far from discounting earlier experimental and interview studies, the recent ethnographic works have served to build on and complement earlier work. The value of using a variety of methods in offender-based research is then discussed.     

传销案件屡禁不止的社会原因及预防对策

20年来,传销案件屡禁不止,受害人数多、经济损失数额大,是严重的违法犯罪现象,其社会危害性极大。因此,预防这种犯罪的发生应成为当今社会亟待解决的问题。     

Why Does the State Keep Coming Back? Neoliberalism,the State and the Archeon

In this essay I argue that the distinction between neoliberalism and the Westphalian order that is said to precede it (along with populism, authoritarianism and other contemporary phenomenon) are all facets of one and the same phenomenon: archism. Archism is a style of politics based on rule and division. Looking at the work of Derrida, Foucault and Benjamin, I examine the inner workings of archism and how it can be resisted. Above all, I consider the notion of the ‘archeon’; that privileged perch from which the state or law can judge without itself being subject to that judgment. The archeon, I argue is the central node of archism that allows itself to insinuate into any number of myriad forms without appearing to be the same phenomenon. By looking at the way Benjamin subverts the theological origins of the archeon with the idea of a God who abandons the position of judgment, I show a model for how to think differently about archism such that we do not seem eternally fated to choose between the same false dichotomies over and over again.     

Native American Identity and the Limits of Cultural Defence

This article concerns itself with the phenomenon of the cultural defence as it exhibits itself in the US juridical context. Recent socio-legal discussions about this phenomenon reveal three prevalent positions: the illegality of cultural defence on constitutional grounds, the necessity of cultural defence as a matter of discretionary justice, and the intermediary position of working cultural defence into a legal doctrine. By problematizing the operative concept of culture, the author suggests that the idea of cultural defence should be understood in terms of foreignness. This suggestion is supported on the basis of the phenomenological theory of the alien (xenology). In order to illustrate the juridical limits of the cultural defence I examine the history of constructing the Native American as a cultural legal subject. Hence the question that primes this examination: is there a possibility of the traditional cultural defence for the American Indians? After a provisional answer that there is no such possibility, I conclude with the discussion of hospitality as a way to an ethically necessary and legally acceptable idea of culture.     

生产销售伪劣商品罪的法经济分析及防治对策——以伪劣奶粉案为例

生产销售伪劣商品罪产生的内在动因是经济主体的自利性和市场经济的逐利性,外在诱因是市场秩序的失范和犯罪的可获利.防治生产销售伪劣商品罪并非是消灭该类犯罪,而是努力使该类犯罪降低到最低限度.措施主要有:提高刑罚效率,直接增加犯罪的刑罚成本;深化体制改革,建立健全各项规章制度,为合法正当的经济活动创造良好的制度环境和社会环境;打击腐败,消除地方保护主义;加紧研究并实现对经济犯罪的社会控制,对生产销售伪劣商品罪实行综合治理.     

Good intentions and a great divide: Having babies by intending them

Conclusion Thus, there is a compelling policy argument as well as a suggestive constitutional argument that the practice of selling parental rights in general, and in particular the practice of commercial surrogacy, should not be permitted. These arguments favor the approach adopted in New York State as opposed to any more latitudinarian approach that would permit commercial surrogacy. Clearly, if the payment of money in exchange for parental rights should be prohibited, then we have a strong basis on which to reject the intentionalist theory, along with any other theory tht would link the parentage of a child with the payment of money. This conclusion is in no way undermined by the various arguments recited in part V above that favor the intentionalist theory since, as we have seen, these arguments are flawed.The author wishes to thank Gareth Matthews, Alan F. McMichael and John A. Robertson for their extremely valuable comments on earlier drafts of this article and to thank Sharon Rogers for her exceptional and unstinting editorial assistance.     

Examining the risk reduction strategies of actors in online criminal markets

Research examining offender risk reduction strategies within illicit markets focus primarily on those operating in the real world for drugs and stolen goods. Few have considered the strategies that may be used by individuals in virtual illicit markets that are hidden from public view. This study addresses this gap through a grounded theory analysis of posts from 10 Russian and three English language web forums selling stolen data to engage in identity theft and fraud. The findings indicate that buyers employ multiple strategies to reduce their risk of loss from unreliable vendors, along with resources provided by forum administrators to manage relationships between participants. The implications of this study for law enforcement and offender decision-making research are also discussed.     

明清州县司法审判中的“人情”因素——以“一女二嫁”、“典雇妻女”、“买休卖休”案件为中心

明清州县官员在审理有关一女二嫁、典雇妻女、买休卖休案件时,其判决结果有时与法律制度有较大的出入。判决结果与法律制度的冲突在明清州县司法审判中是较为常见的现象。这些判决体现了官员们顺人情、体风俗的观念,是中国传统司法文化的基本特点。     

Chasing ghosts: An investigation of the ghosting phenomenon in footprints

Ghosting is a phenomenon that has been identified in dynamic (walking) footprints. There is sparse research on the occurrence of ghosting; however, due to the forensic value of footprints and their use in other scientific fields, the phenomenon of ghosting warrants further study. Ghosting can be used to determine if a footprint is static (standing) or dynamic, which can help forensic investigators create a sequence of events at a crime scene. Furthermore, this can help in footprint comparisons from this determination, as “like versus like” comparisons of dynamic or static footprints can be made. The purpose of this research was to determine the prevalence and locations of the ghosting phenomena in dynamic footprints.136 dynamic footprints from 68 volunteers were collected using an inkless collection system. Each footprint was visually inspected for ghosting as well as examined using software.Ghosting was present on at least one location in all footprints. The highest prevalence occurred at the tip of the great toe, followed by the second digit and the heel. To a lesser extent, ghosting appeared at the tips of the other three digits. Ghosting often occurred at two or more areas in a given footprint.     

On ‘Organized Crime’ in the illicit antiquities trade: moving beyond the definitional debate

The extent to which ‘organized crime’ is involved in illicit antiquities trafficking is unknown and frequently debated. This paper explores the significance and scale of the illicit antiquities trade as a unique transnational criminal phenomenon that is often said to be perpetrated by and exhibit traits of so-called ‘organized crime.’ The definitional debate behind the term ‘organized crime’ is considered as a potential problem impeding our understanding of its existence or extent in illicit antiquities trafficking, and a basic progression-based model is then suggested as a new tool to move beyond the definitional debate for future research that may help to elucidate the actors, processes and criminal dynamics taking place within the illicit antiquities trade from source to market. The paper concludes that researchers should focus not on the question of whether organized criminals- particularly in a traditionally conceived, mafia-type stereotypical sense- are involved in the illicit antiquities trade, but instead on the structure and progression of antiquities trafficking itself that embody both organized and criminal dynamics.     

"GETTING HIGH AND GETTING BY": DIMENSIONS OF DRUG SELLING BEHAVIORS AMONG AMERICAN MEXICAN GANG MEMBERS IN SOUTH TEXAS

This article discerns the role that Mexican American gang members play in drug markets, and the relationship between gang members'drug use and drug selling in South Texas. A four-part typology based on the two dimensions of gang type and gang member emerged from this qualitative analysis of 160 male gang members: Homeboys, Hustlers, Slangers, and Ballers. Major findings include the following: (1) many gang members are user/sellers and are not profit-oriented dealers, (2) gangs commonly do extend "protection" to drug-selling members, and (3) proximity to Mexican drug markets, adult prison gangs, and criminal family members may play important roles in whether these gang members have access and the profit potential to actually deal drugs. This research contributes to our complex intersections between gangs, drug using, and drug selling.     

Whither Critical Criminology? A Contemplation on Existential Hybridization

There has been much debate, in recent years, about the task, aims and goals of critical criminology, and about the need for critical criminology to re-invent itself. Referring to Sartre’s existentialism, this contribution introduces and expands on the thesis that critical criminology may be able to re-invent itself with the help of new ‘guiding images’, most notably: existential hybridization. This is a revised version of a lecture given at Keele University (UK) on 27 March 2007. This paper is a much shortened version of an extensive contribution on ‘The Being and Nothingness of Critical Criminology’ (forthcoming).     

Grey intelligence

This contribution attempts to introduce the concept of ‘grey intelligence’ to denote the increasingly mixed and complex nature of intelligence gathering operations, services and markets. ‘Grey’ here refers to the blurred boundaries between public and private spheres, and to the increasing importance of private, ‘informal’ initiatives and provisions in the gathering, circulation and distribution of intelligence. Situating the phenomenon against the backdrop of what the author has earlier called ‘grey policing,’ the paper explores a number of aspects pertaining to grey intelligence.     

Ideology and Representation in the US Senate: Roll Calls v. Constituent Assessments

Most research on representation in the US Congress examines the relationship between the voting behaviour of legislators and citizens' preferences. Using a roll call-based measure (DW-NOMINATE scores) of US Senators' ideologies and citizen assessments of Senators' ideologies (from the American National Election Study: Pooled Senate Election Study 1988, 1990, 1992), we demonstrate that judgements about Senators' responsiveness (the extent to which more liberal/conservative Senators represent more liberal/conservative states) is sensitive to measurement issues. In addition, using citizen assessments, we move beyond responsiveness to examine ‘representativeness’ (the extent to which Senators' ideologies match the average ideologies of their constituents) as a dimension of representation. We conclude that citizen assessments should not be overlooked since representation may ultimately be a phenomenon that rests in the eye of the beholder and since governmental legitimacy itself rests on citizens' attitudes and beliefs.     

Eastern Prostitution from Russia to Sweden and Finland

Trafficking is a relatively new phenomenon in the research agenda on organized crime. In this article the spread of the phenomenon in Scandinavia is described and discussed. Special attention has been given to Russian-organized prostitution in the Tornio Valley (the borderarea between northern Finland and northern Sweden). The data for the article consist of observations at special 'deposit-sites' in Finland and interviews with the authorities concerned (police, customs, social services, Center for Disease Control (CDC), etc.) in Sweden, and also newspaper articles that have reported on the phenomenon. The methological projection of the article is exploratory in character with the purpose of describing the phenomenon, rather than being able to explain it. The results show that there is an organized trade in women in the Tornio Valley (set rendezvous points, pick-up sites, transport via Russian-registered minivans etc). Despite this the phenomenon cannot be tied conclusively to Russian-organized crime. One conclusion is that further research on this phenomenon should gather information from the Russian authorities and from the prostitutes themselves.     

我国刑法应增设研发、生产、销售危害人体健康添加剂罪

"蛋白粉"、瘦肉精等危害人体健康的添加剂不属于食品,生产销售上述添加剂不能定性为生产销售有毒有害食品罪。研发、生产、销售危害人体健康的添加剂必须介入他人的有责行为才会发生危害社会结果,不宜定性为以危险方法危害公共安全罪。无相应合格产品存在或不属质量不合格的不能定性为生产销售伪劣产品罪。生产销售绝对不允许买卖产品不宜定性为非法经营罪,即使属于非法经营或生产销售伪劣产品也要达5万元以上才能入罪,无法规制会危害人体健康但数额未达5万元以上的行为。《刑法》规定的漏洞导致司法机关选择最相类似罪名定处有破坏罪刑法定原则的危险,故我国《刑法》应增设研发、生产、销售危害人体健康添加剂罪。