SNAKES AND LADDERS: UPPER‐MIDDLE CLASS MALE OFFENDERS TALK ABOUT ECONOMIC CRIME*

This paper explores the ways in which male offenders in professional‐status occupations prior to conviction construct and justify money‐related crime. We report a detailed analysis, based in grounded theory and critical social‐psychological discourse analysis, of a loosely‐structured group interview with four offenders. The men constructed justifications for their offenses in terms of “breadwinning” for their immediate family and economic responsibility toward their extended “family” of employees and creditors. They represented their post‐conviction decline in social status as being “dragged down” by envious “boys” in the state apparatus. They positioned themselves on moral high ground, despite having been inappropriately sent to the working class world of prison (“Dante's Inferno”). We contrast these accounts with those of less privileged male offenders.     

Multiple perpetrator rape: Naming an offence and initial research findings

Abstract

Multiple perpetrator rape presents a significant problem nationally and internationally. However, previous research is limited and findings are often contradictory. The details of 101 rape allegations recorded in a six-month period in a large police force in England were analysed. Findings are presented about case classification, victim and perpetrator characteristics, approach and assault location, perpetrator group composition and victim targeting. The discussion of the findings is used as a basis to explore the pitfalls and benefits of the established naming and definition of this offence. Local and colloquial terms (e.g. “gang bang” and “streamlining”) as well as academic terminology (e.g. “group” and “gang” rape) are considered. The paper concludes by proposing an overarching term “multiple perpetrator” rape that allows a series of subtypes to be developed both locally and transnationally.     

Examining death qualification

The biasing effects of the death-qualification process are structured into the very nature of the procedure, and may be intensified by variations in the manner in which the process is actually conducted. This article illustrates the process as it unfolds in court, discusses the manner in which its basic features can be exacerbated, and analyzes some of the nonobvious consequences of the process for the participants. It also discusses the treatment afforded some analogous “process effects” in law, and evaluates several proposed remedies to the biasing effects of death qualification.     

Presumptions,Burdens, and Best Interests in Relocation Law

The pure “best interests” approach to relocation law is a failure. It is unpredictable and expensive, increasing conflict and discouraging settlement. The “fundamental questions” proposed by Parkinson and Cashmore in their article will not reform the law. Real reform will require the use of presumptions or burdens to guide best interests. “Presumptions” are not “rules,” but only starting points. No simple presumption “for” or “against” all relocations can be justified, but there are large categories of cases that do warrant presumptions: interim moves, unilateral relocations, shared care, and predominant primary caregivers. The first three involve presumptions against relocation, while the last—the largest category—warrants a presumption that relocation is in the best interests of the child, unless the contrary is proved. There will remain a small minority of in‐between cases where none of these presumptions will operate, recognizing the limits of our general knowledge. It is time to move the relocation reform debate beyond pure “best interests,” to the next stage, to a serious discussion of which cases warrant presumptions, and of what strength.

Key Points for the Family Court Community
• Pure best interests approach to relocation law is a failure
• Presumptions or burdens needed to reform the law, but not just “for” or “against”
• Presumptions are identified for four categories of relocation cases: interim moves, unilateral relocations, shared care, and predominant primary caregivers

     

Just by being here,you aren’t halfway there: Structured active learning and its integration in virtual learning environments and assessment

Flipped learning with the incorporation of certain elements of gamification aims to improve student engagement, motivation and attainment. In this study we present an analysis of two approaches used in consecutive years on two modules. A traditional flipped learning approach “standard learning” where material is released weekly online and there are supporting tutorials and an end of term assessment; and a “structured active learning” strategy where a more scaffolded approach is applied, requiring participation to progress. In this approach students’ work on the virtual learning environment and in tutorials could be used to contribute towards their end of term assessment (no more than 10% of the module credit), connected to a learning outcome on the breadth or range of topics. Students received feedback in rubric form throughout the topic, to see their progression. It was found that for module 1, over 90% of the students had accessed the pre-released material by week 2 in the structured active learning approach while this level of engagement was only reached in week 5 using the standard approach. Participation in learning events was far better using the structured active learning approach when compared to the standard approach, for example rising from 40% to 78% in week 2. The second module, with a different cohort of students, followed similar trends with the active learning approach attracting higher levels of engagement and participation far earlier in the term. Following the increased engagement, the structured active learning approach was beneficial in assessment with improved grade profiles.     

Mega/City/Crime: Notes on the Cultural Significance of Reggio’s Koyaanisqatsi (1982)

In his “non-narrative” film Koyaanisqatsi (Hopi for ‘life in imbalance’) Godfrey Reggio documents the ecologically disastrous ‘imbalanced’ life in modern, industrialised mega-cities. In the film, he seems to mourn the loss of what he suggests was a more ‘balanced’ form of life, when Man was one with nature. This contribution draws on elements in Hopi culture and reads Reggio’s iconic film as part of a cultural trend in which submission, in all its guises, is no longer accepted. In this cultural trend submission always is submission to code (that is: to a certain structured solidity or ordered coherence), and therefore, to wasteful destruction and to ‘life in imbalance’. This trend has, however, in the course of the decades, also spawned a void of “Luciferian” desires of absolute sovereignty, and has done this to such an extent as to undermine the conditions of possibility for anything like a non-submissive life ‘in balance’ to endure.

     

唐代法律体系正确理解的转捩点--辨《新唐书》“唐之刑书有四说”并复有关观点

在分析唐代法律体系及唐律性质的史籍中,《唐六典》及《新唐书·刑法志》的有关观点曾起了不同的导向作用。《新唐书》由于错误地以“四刑书”概括唐代法律,违反了唐人“文法有四”的正确概括;《新唐书》的“四刑书说”促使后代有些学者提出了唐代法律“皆刑法”的主张;“四刑书说”与其自身对唐四法的界定,有不可克服的矛盾;与汉、北齐、唐、五代、宋、元各代政治家与史学界的概括之法相乖违;支持“四刑法说”之观点与方法皆失之偏颇。     

Inter-organisational technology/knowledge transfer: a framework from critical literature review

This paper aims to provide, through a literature analysis, a solid theoretical foundation that allows identifying the critical factors for technology/knowledge transfer. The literature review allowed to summarize the main contributions collected, to identify the main critical factors for technology/knowledge transfer and to frame them in a simple framework, carrying out a rationalization and classification. We built a reference framework, called “model of technology/knowledge transfer”. The proposed structure considers six categories related to the actors involved (sources, recipients and intermediaries), the relationship between them, the object of the transfer, the channels and mechanisms and the reference context. The factors represent all the main parameters and levers to consider in the design and implementation of an activity of technology/knowledge transfer. This can direct also future research by deepening these factors or the relationship among them.     

Contract Governance in the EU: Conceptualising the Relationship between Investor Protection Regulation and Private Law

The instrumental use of private law, in particular contract law, by the EU raises a complex issue concerning the relationship between contract‐related regulation and traditional private law and underlines the need for conceptualising the interplay between the two from the contract governance perspective. The present article aims to apply this new analytical approach in the investment services field where there is considerable tension between the EU investor protection regulation embodied in the Markets in Financial Instruments Directive (MiFID I and MiFID II) and national private laws. The article explores various models of relationship between investor protection regulation and traditional private law within a multi‐level EU legal order, considering the strengths and weaknesses of each field in pursuing public and private interests involved in financial contracting. This analysis also offers some lessons for the broader narrative of how European integration in regulated areas dominated by public supervision and enforcement could proceed.     

Differentiation of Commercially Available Kratom by Purported Country of Origin using Inductively Coupled Plasma–Mass Spectrometry,

Kratom is a plant material exhibiting both analgesic and stimulant effects and is also forensically relevant since it is abused as a “legal high.” It is regulated in several countries but not scheduled in the United States at the federal level. This study used inductively coupled plasma–mass spectrometry (ICP–MS) to measure the concentrations of 13 elements in 19 kratom samples obtained from an online distributor selling kratom, from Borneo, Malaysia, Indonesia, Thailand, and Vietnam, for the purpose of using the elements to discriminate among purported country of origin, “suborigin,” and strain. Analysis of variance revealed statistical differences in concentrations of elements from each group, while discriminant function analysis (using leave-one-out classification) successfully classified kratom samples by their purported country of origin (100%), “suborigin,” (100%), and strain (86%). Our method illustrates the possibility of utilizing ICP–MS for determination of commercially available kratom samples by purported origin, “subororign,” or by product line.     

Forensic analysis of Telegram Messenger for Windows Phone

This article presents a forensic analysis methodology for obtaining the digital evidence generated by one of today's many instant messaging applications, namely “Telegram Messenger” for “Windows Phone”, paying particular attention to the digital forensic artifacts produced. The paper provides an overview of this forensic analysis, while focusing particularly on how the information is structured and the user, chat and conversation data generated by the application are organised, with the goal of extracting related data from the information. The application has several other features (e.g. games, bots, stickers) besides those of an instant messaging application (e.g. messages, images, videos, files). It is therefore necessary to decode and interpret the information, which may relate to criminal offences, and establish the relation of different types of user, chat and conversation.     

Understanding Culture in Kentucky's Courtrooms: An Essential Tool for Management and Long‐Range Planning

Though the “old conventional wisdom” explained delay as the product of too few resources and staff, the “new conventional wisdom” posits court efficiency is largely due to the cultural makeup of the court. Adapting the Court Culture Assessment Instrument developed by Dr. Ostrom and colleagues at the National Center for State Courts, this research study examines judicial perceptions of culture in the Kentucky Court of Justice general and family circuit court. Results indicate circuit courts are predominantly autonomous but desire to be more structured (hierarchical). In addition, bivariate analyses showed a significant, but weak, inverse relationship exists between perceptions of a predominantly hierarchical culture orientation and the presence of delay. In other words, judges who perceived their circuit to be predominantly hierarchical in nature were less likely to perceive delay as a problem.     

Ecstasy in the city: Synthetic drug markets in Europe

How do “new” drug markets develop and operate? Which are the characteristics of synthetic drug suppliers? How are they organized, owned and managed? This article summarizes the outcomes of a cross-national study which investigated three urban synthetic drug markets at a different stage of development: Amsterdam, Barcelona and Turin. The study – the first of this type in Europe – outlines a composite picture which clearly indicates the presence of rather flexible and dynamic actors and a quasi “free” drug economy. Hence, the role played by more structured, mafia-type organizations, even in Italy, needs to be reconceived. The wide use of primary sources, altogether the adoption of qualitative interpretative tools, contributed to shed some light on a phenomenon which is still poorly investigated both at national and international levels.     

SPACE AS PARADIGM OF INTERNET REGULATION

Right now internet regulation is standing at the crossroads. Its problem-driven evolution has led to a conglomerate of seemingly diverse rules, which can hardly be structured as one cohesive area of law. Nevertheless, a consolidation of these rules as one cross-sectional field of law is can be identified. The discussion about the terms “internet regulation” and “internet governance” as well as recent developments in this field indicate that a paradigm shift in internet regulation is ongoing. Whereas self-regulation has been the determining mode of internet governance for a long time, internet regulation in the sense of public regulation is currently gaining more influence. This transformation is accompanied by the rising importance of a traditional paradigm of law: the idea of space. Even though the idea of space finds itself challenged with regard to the internet, it can give substance to many different aspects of internet regulation.     

Value Recapture: A Rose by Another Name

The fuel crisis, increased federal funding, and urban center development and redevelopment are all increasing the pressure for rapid transit systems in urban areas. As with other publicly funded developments, such systems often lead to an increase in value of privately owned land near transit stations. This is due to the enhanced commercial, industrial, and residential development potential created by superior access and concurrent generation of intense local activity. Such an increase in value is unearned-a windfall, in essence. Arguably, it should accrue, at least in part, to the public agency which incurred substantial expenditures in developing the public facility-the cause of the value increase in the first place. Such an accrual of value could be offset against the public cost of the improvement. This article deals with several proposed methods of such “value recapture”: “excess” or “supplemental” condemnation, tax assessment, intergovernmental cooperation and air rights development.     

The Evolution of the CPC’s Conception of Association and Regulation of Social Organizations in China

Freedom of association and all institutions coming with it have not been accepted by the Chinese government. Instead, Chinese social organization administration is based upon the concept of association held by the Communist Party of China (CPC). The Chinese government had adopted a “total control” model of social organization administration in the era of totalitarianism before the “Opening-up and Reform”, leaving almost no room for social organizations to survive, because the CPC had regarded social organizations as “revolutionary” and “deconstructive”. The Chinese has adopted a graduated control system to administrate social organizations in the era of authoritarianism after the “Opening-up and Reform”, treating social organizations differently according to their threats to the ruling order and their utilities for economic development, because the CPC has viewed social organizations as a “challenging” but “auxiliary” power. The on-going “innovation of registration and administration of social organizations” is not a return to international standard regarding social organization administration in China, but only partial reform of the graduate control system still based upon the CPC’s conception of association as “challenging” but “auxiliary”. Social organizations capable of providing public goods in areas of economic development and social services are given more favorable treatment by the government while political and religious organizations are still tightly controlled by the government.     

Boundary Work: Transcendence and Authoriality in Religious and Secular Law

The semiotic investigation of the divine or transcendent authoriality of religious law involves, in the context of discussions concerning the propriety or impropriety of the influence of religion in “secular” political and legal systems, preliminary boundary work to discern the meanings of “religion”, “secular”, and “belief.” Jeremy Waldron’s account of the propriety of religion in “secular” politics, mirroring but reversing John Rawls’ account of religion’s impropriety in that context, can be contrasted with neo-Calvinist (and other) conceptions of pluralism and the inevitability of fundamental “beliefs” in all political and legal thought. In the latter perspectives, religious believers are neither unique in their appeal to transcendent values, nor relegated to advancing theocracy (because pluralism is conceived as a religious value rather than religion’s opposite). A workable alternative to the conventional discourse of religious influence in politics and law is therefore evident.     

Disordered personalities at work

Current categorical classification systems of personality disorders (PDs) remain widely used amid growing evidence that argues against the conceptualisation of PDs as independent, discrete entities. Adopting the dimensional perspective of Morey et al. (Journal of Personality Assessment, 49, 245–251, 1985), this study compared PD traits across forensic, psychiatric and “normal” senior business manager samples. There was particular interest in the relative representations of elements of PD closely associated with psychopathic PD because of research suggesting that some “psychopaths” operate within mainstream society, and links that have been made between elements of these so-called “successful” psychopaths, and characteristics associated with success in senior business management roles. The dimensional Minnesota Multiphasic Personality Inventory Scales for DSM III Personality Disorders (MMPI-PD) were shown to be internally consistent for the “normal” sample. Evidence for the qualitative equivalence of the four PD profiles emerged. The PD profile of the senior business manager sample was found to contain significant elements of PD, particularly those that have been referred to as the “emotional components” of psychopathic PD. The findings provide strong support for the continuous distribution of personality disordered traits.     

系统论视野中法律与大众媒体的关系

法律与大众媒体的关系问题是全面推进依法治国背景下重要的理论问题和实践问题,但目前尚未形成有说服力的结论。若过分强调两者的分立可能导致新闻管制或媒体权力滥用,若过于强调两者的融合则可能影响司法公正。在系统论视野下,法律与大众媒体具有同质性,两者分别按照各自的纲要分配自身所特有的符码,各自建构具有不同意义的“事实”及其评价。法律与大众媒体作为独立运作的功能子系统,彼此之间既非分立也非融合,而是存在不可避免的激扰关系,且部分激扰关系被结构化并以“论题”的形式构成“结构耦合”关系。因此,法律只有立足于自身,坚守司法公正并不断实现司法统一,才有可能既保障新闻自由又能抵御大众媒体中各类论题与意见的冲击,才有可能稳定社会成员普遍的规范性行为预期。