A new approach to the right to privacy,or how the European Court of Human Rights embraced the non-domination principle

As it is currently regulated, the right to privacy is predominantly conceived as a subjective right protecting the individual interests of natural persons. In order to determine whether this right has been affected in a specific situation, the so-called ‘non-interference’ principle is applied. Using this concept, it follows that the right to privacy is undermined if an ‘infringement’ with that right by a third party can be demonstrated. Although the ‘infringement’-criterion works well when applied to more traditional privacy violations, such as a third party entering the home of an individual or eavesdropping on a private conversation, with respect to modern data-driven technologies, it is often very difficult to demonstrate an actual and concrete ‘infringement’ on a person's right or freedom. Therefore, an increasing number of privacy scholars advocate the use of another principle, namely the republican idea of ‘non-domination’. At the core of this principle is not the question of whether there has been an ‘interference’ with a right; rather, it looks at existing power relations and the potential for the abuse of power. Interestingly, in recent times, the European Court of Human Rights seems to accept the republican approach to privacy when it deals with complex data-driven cases.     

A longitudinal analysis of factors associated with reporting violent crimes to the police

The use of generalized estimating equations and time-series methods for fitting longitudinal models in the National Crime Victimization Survey (NCVS) is discussed, with reference to the relation between the reporting of a violent crime to the police and previous victimizations. Two longitudinal models are fit to NCVS data to predict the likelihood of reporting a violent crime to the police based on characteristics of the victim and the incident and based on previous victimization experiences. In both models, it is found that higher reporting rates are associated with positive results accruing from reporting previous victimization to the police.     

Guidelines for the responsible application of data analytics

The vague but vogue notion of ‘big data’ is enjoying a prolonged honeymoon. Well-funded, ambitious projects are reaching fruition, and inferences are being drawn from inadequate data processed by inadequately understood and often inappropriate data analytic techniques. As decisions are made and actions taken on the basis of those inferences, harm will arise to external stakeholders, and, over time, to internal stakeholders as well. A set of Guidelines is presented, whose purpose is to intercept ill-advised uses of data and analytical tools, prevent harm to important values, and assist organisations to extract the achievable benefits from data, rather than dreaming dangerous dreams.     

From fragile to smart consumers: Shifting paradigm for the digital era

The use of digital technologies, functioning thanks to data processing, has been conquering many sectors of the world economy and it is possible that, in the near future, only a few markets will still be excluded from this industrial revolution. Therefore, even if one chose unreasonably to disregard the many innovations that the digital economy has brought about, its development seems quite inexorable, although it is true that this new stage in human progress raises some concerns. In particular, many worry about the millions of passive and powerless digital consumers who, facing a few huge and influential companies without any education or awareness, could succumb and find themselves poorer, victimized, and manipulated. The paper proposes to react to this state of affairs without further fueling the fear of the digital revolution and without the thought that regulation can be used only as a shield to protect fragile digital consumers. Rather, by taking inspiration from some regulatory actions undertaken by the European Union, the paper bears in mind that regulation can be used as a sword in the hands of consumers to finally assign them a lead role in digital markets. New rules to empower consumers and to make them take autonomous and independent decisions as to the management of their personal data as well as to the merits of digital firms can be envisaged. After all, one of the cultural roots of Western societies is that every individual should be enabled to be faber ipsius fortunae.     

Good Governance at the World Trade Organization: Building a Foundation of Administrative Law

Good governance lies at the heart of both the effectivenessand legitimacy of collective decision-making. In this essay,Professor Esty argues that, if the World Trade Organization(WTO) is to be successful in its designated role of promotingtrade liberalization and helping to manage international economicinterdependence, it needs a deeper commitment to good governance,advanced through a more refined structure of administrativerules and procedures. He identifies 14 core elements of goodgovernance and traces how administrative law might promote eachone in the WTO context. While acknowledging the difficulty ofbringing administrative law to the supranational level, Estyconcludes that there exists an emerging consensus around manyof the underpinnings of good governance—and thereforeplaces value in trying to build these elements in to the WTOpolicy-making process.     

Growing Up Poor: Examining the Link Between Persistent Childhood Poverty and Delinquency

Findings from aggregate-level and ethnographic research suggest that poverty and delinquency are related. The inability of individual-level quantitative research to demonstrate consistent evidence of this relationship, however, has been used to call into question whether poverty is indeed related to an increased propensity for delinquent involvement. This may be due to the difficulty individual-level analyses have in identifying the group most important in uncovering the relationship of poverty to delinquency—those individuals that experience persistent childhood poverty. This paper provides an assessment of the effects of both the level of exposure to poverty and its timing on delinquent involvement using fourteen years of longitudinal data for a national sample of younger adolescents. Findings indicate that exposure to poverty and the timing of such exposure are indeed related to an increased likelihood of involvement in delinquency.     

构建沂蒙良好政治生态的路径选择

中国共产党是沂蒙政治生态的风气主导者和引领者,人民群众是沂蒙政治生态的最终受益者。沂蒙政治生态建设是水乳交融、生死与共党群关系的实践结晶,中国共产党和沂蒙人民是沂蒙政治生态建设的具体承载和有效载体。进入新时代,研讨构建沂蒙政治生态的时代价值和作用发挥空间,对于进一步推动党建工作具有重要的启示作用。     

A Comparison of Methods for Analyzing Criminological Panel Data

We demonstrate that fixed- and random-effects models for pooled cross-sectional and time series data, and latent growth curve models for panel data are special cases of a more general model. We compare the estimates obtained from each type of model for a data set consisting of homicide rates and a vector of explanatory variables for 400 US counties over a 15-year period. Most, but not all, estimates are similar in the two models. We identify circumstances under which one approach may be advantageous to the other.

Laboratories of Statehood: Legal Intervention in Colonial Africa and Today

The immense body of contemporary work aimed at ‘promoting the rule of law’ is often accused of ‘neo‐imperialism’. Yet, despite many points of contiguity between past and present legal interventions, the charge is overbroad and rarely illuminating. This article attempts to move beyond polemic to track concrete historical and structural forerunners of today's rule of law work. Focusing mainly (though not exclusively) on late imperial British endeavours, it traces colonial legal interventions over time, the techniques adopted (and rejected), the shifting normative bases of legitimacy, and moments of strategic recalibration in the face of resistance. Three broad attitudes towards law across the period are (provisionally) characterised as ‘regulative’, ‘constitutive’ and ‘institutive’ moments. In each phase, the Powers treat colonial territories as laboratories of statehood, within which experiments are conducted to locate the optimal configuration of law. In conclusion some counterparts to these moments in today's ‘rule of law’ activities are identified.     

殖民主义是根源——析《印度之行》

在一些人看来,《印度之行》中的英国殖民者和印度人民之间存在着一条几乎无法逾越的鸿沟,这是由于英国人缺乏同情心,缺乏想象力和印度人的善意、真诚而缺乏实际能力的精神状态之间的矛盾所造成的。本文不赞同这一观点。笔者认为:两者之间的矛盾根源于英国的殖民主义和由此产生的种族歧视。     

Estimates of Repeat Victimization Using the National Crime Victimization Survey

Many crime victims experience multiple victimizations over time. Estimating the rate of repeat victimization from a longitudinal survey, however, is difficult because individuals often have missing data for some of the interviews. We use data from the 1996–98 U.S. National Crime Victimization Survey to explore potential effects of missing data on estimated rates of repeat violent victimizations in individuals. We introduce two algorithms for estimating repeat victimization rates, using logistic models to impute values for individuals who have partial data. These models are applied to estimate rates of repeat victimization for all violent crimes, and separately for crimes of domestic violence. Estimates show substantial sensitivity to the form of the model used.     

Reconsidering the Relationship Between Welfare Spending and Serious Crime: A Panel Data Analysis with Implications for Social Support Theory

Several researchers have found an inverse relationship between welfare spending and serious crime. With few exceptions, these findings have been based on cross‐sectional designs, single measures of welfare spending, and few indicators of crime. In response to these limitations, the relationship between welfare spending and crime was reconsidered using panel data from California counties. Fixed‐effects regressions revealed virtually no relationship between several measures of welfare spending and five types of serious crime: (1) homicide; (2) robbery; (3) assault; (4) burglary; and (5) larceny. The estimates were resistant to numerous robustness checks and alternative specifications. The most plausible explanation for the findings is that heterogeneity was not controlled for in previous studies. Implications for social support theory are discussed.     

从善秩到善治:乡村治理有效的法治逻辑

全面推进乡村振兴,治理有效是基础,而治理有效需要建立在良好的治理秩序基础之上.建构基于法治的乡村治理秩序,是从善秩到善治的关键,其取决于村内部治理秩序和村外部治理秩序的良性运转、协调与平衡.逻辑框架在于:村内部层面,村民依法自治、依法用权维权;村外部层面,政府依法行政,推进治理法治化;协调与平衡层面,良法善治、缘法而治...     

论善意取得构成中的善意且无重大过失要件

善意是指对特定的物权信息的不知 ,善意与无重大过失应予区分 ,作为相对独立的两个要件。善意与否及有无重大过失 ,均应由权利人负担举证责任。无重大过失的判断 ,可采用“疏忽之人”的标准     

Legal aspects of managing Big Data

Big Data is shorthand for the currently rapidly evolving techniques of gathering and analysing for competitive advantage vast unstructured and structured sets of digital data. Big Data is currently at an early stage of development, but many organisations will be embarking on Big Data projects in the next couple of years in order to be in a position to know more about their customers than their competitors. Central to the success of these projects will be four critical factors: (i) understanding the legal framework for Big Data and how it applies to the organisation concerned; (ii) effectively bringing together the organisation's IT and legal functions in the Big Data project; (iii) a clear understanding of the organisation's objectives for its Big Data operations; and (iv) a structured approach to the strategy, policy and process aspects of Big Data governance.     

Growth curves of deviant behavior in early adolescence: A multilevel analysis

Multilevel growth curve models provide a means of analyzing individual differences in the growth of deviance, allow a number of theories to be integrated in a single model, and can help to unify research on deviant/delinquent/criminal careers at different stages of the life cycle. Building on the distinction between population heterogeneity and state dependence as alternative explanations of persistent individual differences in deviance (Heckman, 1981; Nagin and Paternoster, 1991), we show that models with two levels can be used to represent and analyze a variety of criminological theories. The first level (level 1) uses repeated measurements on individuals to estimate individual-level growth curves. The second level treats the level 1 growth curve parameters (e.g., slope, intercept) as outcome variables and uses time-invariant factors to explain variation in these parameters across individuals. We illustrate this approach by estimating a model of growth in deviance drawn from Gottfredson and Hirschi's deviant propensity theory. An innovative feature is the assumption that adolescents' expected growth curves of deviance follow a classical Pearl-Verhulst logistic growth model (Pearl, 1930). The results suggest that five risk factors—parental psychiatric problems, lack of parental support, living arrangements with zero or one parent in residence, low family income, and male gender—have strongly positive effects on deviant propensity. For example, adolescents with no supportive parents, and no other risk factors, have expected asymptotic levels of deviance (peak levels attained at about age 18) that are about twice as high as those of adolescents with no risk factors. Yet more than two-thirds of the individual-level variability in growth curves is unexplained by the five risk factors. This unobserved heterogeneity would remain hidden in analyses using conventional structural equations models and the same explanatory variables.     

City of Illusions,layers of deceit,and the sterility of isolation

Ursula K. Le Guin frequently uses the genre of science fiction/fantasy to explore power relationships between cultures. This paper examines an early and neglected work, City of Illusions, within the context of post‐colonial criticism to show that the novel is in fact a highly sophisticated political parable. The novel depicts a colonized Earth under the control of an extragalactic power which employs many of the strategies for control used by the hegemonic powers of the past and present. Essentially, the novel explores how these methods of manipulation and control work, the effects they have on the colonized societies, and colonized peoples' strategies of resistance. The novel makes use of a series of metaphors to convey these ideas.     

贯彻《纲要》 加强普通高校体育教育的思考

高校体育教育的改革一直处于徘徊状态,究其原因,主要是思想认识不足,深刻领会并且具体落实贯彻《2001——2010年体育改革和发展纲要》,对促进高校体育工作改革的发展具有相当重要的意义,为此,本文针对如何加强普通高校体育教育进行了有关的探讨。     

略论仲裁机构民间性的法律保障

仲裁机构的民间性不仅深得广大有识之士的认同,亦得到社会系统功能分化论的强大支持。但在当前我国仲裁实践中,无论是仲裁界的思想观念,还是目前仲裁机构的运作实际,都存在针对仲裁机构民间性的异动倾向。因此,在修改《仲裁法》时,有必要从仲裁机构的设立区域、仲裁机构的设立机关、仲裁机构成员的任职条件、仲裁协会与仲裁机构间的关系等方面对仲裁机构的民间性原则提供法律保障。     

Hope in the treatment of sexual offenders: the potential application of hope theory

Abstract

The present paper attempts to demonstrate how hope theory is conceptually consistent with current positive approaches to sexual offender treatment. Hope theory and its components of goals, pathways thinking, and agentic thinking is reviewed as defined by Snyder and his colleagues. A theoretical relationship exists between the role of hope and many aspects of sexual offending and treatment. Developmental course, attachment style, and the formation and maintenance of coping styles are reviewed as they relate to hope and sexual offending. A framework by which to apply hope theory to pre-treatment, treatment, and more specifically, self-management or relapse prevention for sexual offenders is proposed. Emphasis is placed on the use of techniques that target hope components, particularly in pre-treatment programs.