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“Access” is conceived of as involving passage through two gates: one manned by the top-level authority figures of the organization, and the other by the proposed subjects of one's study. Within this framework, informal contacts, contingent acceptance at successive organizational levels, and self-selection are identified and discussed as the factors most central to an understanding of our successful access into three police organizations and our failures to gain access to two police organizations.  相似文献   

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The author specializes in obtaining legal protection for trademarks and appellations of origin of goods, as well as invalidation/cancellation of the same using both legal proceedings in administrative bodies and in Courts.  相似文献   

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There has been a long-standing debate concerning the status of diversity jurisdiction. Its champions wish to retain the availability of choice for attorneys, while others argue that perhaps the traditional justification is no longer valid and therefore the need for diversity jurisdiction is reduced. This research attempts to determine whether the traditional justification for diversity jurisdiction is still valid, and whether other factors motivate attorneys' choice of forum. An experimental design was employed to ascertain which of several factors including local bias, delay, availability of modem rules of procedure, and quality of state judges had an effect on an attorney's choice of forum in diversity cases.  相似文献   

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This is an exploratory study focusing on the response of federal district courts to Supreme Court changes in three policy areas: economic regulation, civil liberties, and criminal justice. An analysis of federal district court opinions published in the Federal Supplement before and after the Supreme Court decisions announcing the policy changes indicated that opinion-writing patterns of federal district judges changed in a manner consistent with the Supreme Court's new direction. Further study of the federal district courts' role in the policy process is recommended and suggestions for such research are made.  相似文献   

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Chief Judge Judith S. Kaye of New York delivered the following address to the Millennium Conference of the National Council of Juvenile and Family Court Judges in Washington, D.C., on November 15, 1999. In it, she describes the development of the philosophy of the family court in the past century. Judge Kaye describes the family court's transition from reliance on social science to the incorporation of procedural due process guarantees in the Gault decision. She suggests that a further transformation is required to meet the needs of children and families in the 21st century. Judge Kaye proposes that in the next millennium the family court abandon the "remote adjudicator" judge who evolved after Gault to a "problem-solving model of judging… a judge who looks at the issues that are driving the caseload, who looks at the results that are being achieved, and who uses a hands-on style to figure out how we might do better both in individual cases and on a systemic level."
The New York Times described Chief Justice Kaye as, "A dedicated and effective reformer of the state's sprawling court system. Each of her hard won changes has had a positive impact." Chief Judge Kaye recently received the National Center for State Courts' William H. Rhenquist Award for Judicial Excellence in November 1999. On the occasion of the award, Roger K. Warren, president of the National Center, observed about her,"There are many who are working hard to better process the many cases that come before the state courts, but there are few working an harder or more successfully to better serve the people who use the state courts."  相似文献   

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A recent Canadian study begins to address the lacuna in family mediation process research identified by Kelly. This study generated important data previously not available on a broad range of issues and concerns regarding the process and practice of family mediation and the extent of variability of current family mediation practice. The study focused on where family mediators position themselves in relation to salient issues and debates in the field; the interventions, methods, procedures, techniques, and strategies they find most useful and effective in their work; and the theories that guide them in their practice and the models of practice that they use. This article reports the key findings of the study and begins to discuss the implications of the research for mediation practice and sociolegal policy.  相似文献   

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This paper challenges the popular claim that police labor shortages existed in large American cities during the late 1960s and early 1970s. Empirical tests of a police salary determination model reveal that police managers and public officials possess only limited direct control over police wges. Hence, manipulation of police manpower utilization practices (and, more basically, labor supply to police departments) is the principal way of overcoming “labor shortages.” In recent years, this has included substitution of clerical for sworn personnel, elimination of non-job-related entry requirements, and expansion of auxilhry police forces.  相似文献   

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Competition policy has great relevance to all the firms in any economy. Even though it is unlikely that small and medium-sized enterprises (SMEs) have enough market power to constrain competition through a misuse of such power, they may still face prosecution if they are involved in a boycott of competitors or suppliers, price-fixing, output-restriction and other monopoly agreements. This article discusses antitrust issues pertaining to SMEs with a focus on China’s Anti-Monopoly Law (AML) and its implementation rules. Contrary to the popular view that SMEs benefit from competition laws, evidence shows that they are reluctant to get involved in antitrust litigation against large firms partly because of the high legal costs involved. There is an urgent need to promote an awareness of antitrust compliance in China and to educate SMEs about the need to avoid breaching the new antitrust law and its associated regulations. In the meantime, SMEs should take full advantage of the antitrust laws to fight against the abuse of market dominance directed at them, and to gain equal opportunities to market access.  相似文献   

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Strain theories have conceptualized delinquency as a form of adaptive, problem-solving behavior, usually committed in response to problems involving frustrating and undesirable social environments. The most recent version of strain theory, Agnew's general strain theory, provides the most complete formulation of this argument by suggesting that delinquent behavior enables adolescents to cope with the socioemotional problems generated by negative social relations. To date, however, the actual coping effectiveness of delinquency remains unexamined. This study explores the ways that delinquency may enable adolescents to cope with strain, and it uses national survey data to test the coping effectiveness of delinquent behavior. The findings indicate that delinquency enables adolescents to minimize the negative emotional consequences of strain, and they provide empirical support for the interpretation of delinquency as an adaptive response to aversive environments. Implications for criminological theory are discussed.  相似文献   

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