Islamic Law,Women's Rights,and Popular Legal Consciousness in Malaysia

Drawing on original survey research, this study examines how lay Muslims in Malaysia understand foundational concepts in Islamic law. The survey finds a substantial disjuncture between popular legal consciousness and core epistemological commitments in Islamic legal theory. In its classic form, Islamic legal theory was marked by its commitment to pluralism and the centrality of human agency in Islamic jurisprudence. Yet in contemporary Malaysia, lay Muslims tend to understand Islamic law as being purely divine, with a single “correct” answer to any given question. The practical implications of these findings are demonstrated through examples of efforts by women's rights activists to reform family law provisions in Malaysia. The examples illustrate how popular misconceptions of Islamic law hinder the efforts of those working to reform family law codes while strengthening the hand of conservative actors wishing to maintain the status quo.     

Women's Rights, the European Court, and Supranational Constitutionalism

This analysis examines supranational constitutionalism in the European Union (EU). In particular, the study focuses on the role of the European Court of Justice in the creation of women's rights. I examine the interaction between the Court and member state governments in legal integration, and also the integral role that women's advocates—both individual activists and groups—have played in the development of EU social provisions. The findings suggest that this litigation dynamic can have the effect of fueling the integration process by creating new rights that may empower social actors and EU organizations, with the ultimate effect of diminishing member state government control over the scope and direction of EU law. This study focuses specifically on gender equality law yet provides a general framework for examining the case law in subsequent legal domains, with the purpose of providing a more nuanced understanding of supranational governance and constitutionalism.     

Stop,Collaborate, and Listen: Women's Collaboration in US State Legislatures

Collaboration plays a key role in crafting good public policy. We use a novel data set of over 140,000 pieces of legislation considered in US state legislatures in 2015 to examine the factors associated with women's collaboration with each other. We articulate a theory that women's collaboration arises from opportunity structures, dictated by an interaction of individual and institutional characteristics. Examining the effect of a combination of characteristics, we find support for an interactive view of institutions, where women's caucuses accelerate collaboration in Democratic‐controlled bodies and as the share of women increases. Collaboration between women also continues in the face of increased polarization in the presence of a caucus, but not absent one. Our findings speak to the long‐term consequences of electing women to political office, the importance of institutions and organizations in shaping legislative behavior, and the institutionalization of gender in politics.     

两岸罪赃移交司法互助中的困境与对策

海协会和海基会签署了《海峡两岸共同打击犯罪及司法互助协议》后,两岸在司法互助领域呈现友好态势,中国区际司法互助的“一国三区四法域”政治,法律特殊的背景下,“罪赃移交”司法协助的矛盾日益显现,两岸的不同规定给罪赃移交设置了法律适用和现实操作的障碍,可移交罪赃的不确定性,罪赃移交是否可以适用国际罪赃返还的原则仍处于争议之中,程序的复杂性导致实际协作存在困难。对于两岸罪赃移交存在的困难,可以通过明确可移交罪赃的范围,国际罪赃返还的分享原则可适用性,以及对程序性操作进行细化,加强两岸司法领域的交流与合作。     

Minor corrections, clarifying changes, and a minor policy change--NRC. Final rule

The Nuclear Regulatory Commission is amending its regulations to make minor corrections and clarifying changes to the NRC's 10 CFR Part 20, "Standards for Protection Against Radiation." The final rule is also intended to conform other regulations with the Commission's 1991 revised radiation protection requirements. In addition, the final rule includes a minor policy change that raises the monitoring criteria for minors from 0.05 rem (0.5 mSv) to 0.1 rem (1 mSv) in a year and for declared pregnant women from 0.05 rem (0.5 mSv) to 0.1 rem (1 mSv) during their pregnancies. The 0.1 rem (1 mSv) in a year deep dose equivalent monitoring criterion is consistent with the public dose limit and represents a quantity more consistent with the measurement sensitivity of individual personnel dosimetry. Licensees are still required to ensure that the occupational dose limit of 0.5 rem (5 mSv) in a year is not exceeded for minors, that the dose limit of 0.5 rem (5 mSv) to an embryo/fetus due to occupational exposure of a declared pregnant woman is not exceeded during the course of the pregnancy, and that sufficient effort is made to ensure that substantial variations above a uniform monthly exposure rate for a declared pregnant woman are avoided. These changes to the threshold for monitoring exposures to radiation and radioactive material to demonstrate compliance with the limits do not change the occupational dose limits for minors or declared pregnant workers.     

Strength of Evidence,Extraevidentiary Influence,and the Liberation Hypothesis: Data from the Field

To examine relationships between strength of evidence (SOE) and extraevidentiary variables in the context of Kalven and Zeisel’s (The American Jury, 1966) liberation hypothesis, post-trial questionnaire data were collected from judges, attorneys, and jurors associated with 179 criminal jury trials. SOE ratings were strongly correlated with jury verdicts on the three most serious charges against the defendant, and several extraevidentiary variables (i.e., pretrial publicity, trial complexity, charge severity, and foreperson demographics) were moderately correlated with verdicts. Extraevidentiary-verdict relationships remained significant when SOE was controlled, although extraevidentiary variables yielded only modest improvement in classification accuracy beyond SOE. In partial support of the liberation hypothesis, several case-related extraevidentiary variables were significantly related to jury verdicts only when the prosecution’s evidence was rated as moderately strong.     

Flag desecration in American culture: Offenses against civil religion and a consecrated symbol of nationalism

Adoration for the United States flag is emblematic of American nationalism and patriotism. Moreover, in extreme forms, its rigid orthodoxy also reflects civil religion — a non-sectarian faith in which secular objects are transformed into sacred icons. Ostensibly, elements of civil religion imbue reverence for the flag, and although the recent flag protection campaign has caught the attention of intellectuals from various academic disciplines, sociologists are conspicuously absent from such discourse. In light of its relevance to civil religion, the dearth of sociological analysis on flag desecration is especially disconcerting. This article offers several theoretical explanations for the social construction of flag desecration and its sociological significance to civil religion.     

Women's criminality,criminal women,criminalized women? Questions in and for a feminist perspective

Although the notion of taking gender into account in social analyses has been around for some time, for the large partit has not been taken seriously by criminologists. In this article, Laberge shows how the neglect of women's criminality has been to the detriment of criminological inquiry. Through an examination of the questions usually asked about women in contact with the penal system, the author takes us beyond an ‘additive’ approach to explaining crime. Reorganizing these questions, she outlines a number of analytical distinctions that will transform our understanding of criminalized women, specifically, and criminological inquiry, generally.     

Liberty, Protection, and Women's Work: Investigating the Boundaries between Public and Private

During the Progressive Era, the U. S. state and federal courts considered constitutional challenges to protective labor legislation. While courts often struck down generalized protective legislation, they frequently upheld such legislation for women. I explore the reasoning in the cases decided between 1897 and 1923, showing that the courts developed understandings of liberty for women that differed from those for men. In opposition to traditional separate spheres reasoning, I show that the courts viewed men's exercise of liberty as depending on their private capacities to be free, while women's labor was subject to public control due to state interest in their reproductive capacities. I suggest that constitutional theorists who are studying substantive due process should place more emphasis on courts'conceptions of the subjects of due process guarantees rather than considering solely the challenged statutes'restriction of liberty. I develop a dynamic and complex understanding of liberty to capture this aspect of the relationship between constitutional theory and gender.     

Women's motives for violent and nonviolent behaviors in conflicts

Drawing from past research on women's motives for intimate partner violence (IPV) perpetration, correlates of women's perpetration, and correlates of nonviolent conflict, we created a scale containing 125 possible motives, representing 14 broad domains (e.g., self-defense, retaliation). Participants were an ethnically diverse sample of women who had perpetrated no physical IPV against their current partner (n = 243), threats but not physical IPV (n = 70), nonsevere physical IPV (n = 193), and at least one act of severe (e.g., choke) physical IPV (n = 93). An exploratory factor analysis yielded a seven-factor solution, representing Partners' Negative Behaviors, Increase Intimacy, Personal Problems, Retaliation, Childhood Experiences, Situation/Mood, and Partners' Personal Problems. Differences by women's IPV perpetration and race and/or ethnicity were tested with means representing these seven factors and a computed variable representing self-defense. Although motives differed by perpetration type, main effects for Partners' Negative Behavior, Personal Problems, Retaliation, and Childhood Experiences were modified by interactions, suggesting ethnicity should be considered when developing interventions.     

Contextualizing the Different Voice: Women,Occupational Goals,and Legal Education*

Essentialist views reporting the existence of distinct gender differences have received much criticism. Despite these critiques, there is little empirical research on the limitations of these approaches in institutions such as law schools. While studies of legal education have been informed by gender difference theory, few have sought to contextualize difference. This study examines gender difference among students attending Harvard Law School. Using survey and interview data, this study demonstrates that difference is mediated by such variables as occupational goals, social class, and race. Implications of differences among women are discussed as they relate to reforms in legal education.     

Citizenship Status and Arrest Patterns for Violent and Narcotic-Related Offenses in Federal Judicial Districts along the U.S./Mexico Border

Media reports routinely reference the drug-related violence in Mexico, linking crime in communities along the Southwest U.S. Border to illegal immigrants. The primary purpose of the current research is to examine whether the media assertions can be supported. Logistic regression models were run to determine the impact of citizenship on the likelihood of disproportionate arrest for federal drug and violent crimes, along the U.S./Mexico border. In arrests for homicide, assault, robbery, and weapons offenses, U.S. citizens were disproportionately more likely than non-citizens to be arrested. The only federal crime where non-citizens were disproportionately more likely to be arrested than were U.S. citizens was for marijuana offenses. Results of the current study challenge the myth of the criminal immigrant.     

北京市性侵未成年人案件的实证特点与刑事政策建构

在性侵未成年人的案件中,影响被害性的因素主要是年龄而非户籍,而犯罪性则与户籍、职业、年龄、婚姻状况等相关.此类案件多以陌生人侵害为主,不过,在熟人相犯场合,同辈侵害与长辈侵害比例相当.侵害行为以强奸和猥亵为主,方式上多为欺骗引诱.不过,未成年人主动报告的比例却不高,父母往往是第一发现人.性侵未成年人的原因是多维度的,未成年人、犯罪人、监督保护人与社会组织均负有一定责任.一体联动的刑事政策要求从三方面加以防控:强化自我保护与监督保护、及时甄别危险以及进行系统化的立法.     

重大冤错案件的成因、类型及风险分析

2014年至2019年6月,全国法院依法纠正呼格吉勒图案、聂树斌案等重大冤错案件42件63人,人民法院纠正冤错案件不会止步于此,从源头上预防冤错案件的发生才是司法公正的正常状态。本着预防的目的,本文对已经纠正的重大典型冤错案件进行了类型化分析,从中归纳出不同类型的冤错案件中巨大冤错风险之所在,以期为重大冤错案件的预防提供参考。     

On the Edge of the Law: Women's Property Rights and Dispute Resolution in Kisii, Kenya

Scholars have argued that economic efficiency requires a clear definition of the rights of ownership, contract, and transfer of land. Ambiguity in the definition or enforcement of any of these rights leads to an increase in transaction costs in the exchange and transfer of land as well as a residual uncertainty after any land contract. In Kenya, government efforts at establishing clearly defined property rights and adjudication mechanisms have been plagued by the existence of alternative processes for the adjudication of disputes. Customary dispute resolution has been praised as an inexpensive alternative to official judicial processes in a legally pluralistic environment. However, our research demonstrates that customary processes may also carry a monetary cost that puts them beyond the means of many citizens. This article compares the costs and processes of the formal and informal methods of property rights adjudication for women in the Kisii region of Kenya. The research results suggest that women have weak property rights overall, they have limited access to formal dispute resolution systems because of costs involved, and even the informal systems of conflict resolution are beyond the means of many citizens.     

2009年香港法政大事记

刚划上句号的2009年,总括来说是香港抗击金融海啸的又一年,当中政经风云不定,政府施政面对重重挑战,另一边厢,历时9年的民事司法制度改革（Civil Justice Reform）开始实施,标志着香港民事司法制度发展的一个重要裹程碑。     

Occupational stress and psychological functioning in law enforcement officers

Law enforcement officers experience a variety of stressors because of their police work responsibilities. The use of avoidance coping in order to cope with emotions, thoughts, and memories of traumatic or stressful events may explain increases in occupational stress and poorer psychological functioning. In this study, avoidance coping, occupational stress, and psychological distress were assessed in law enforcement officers. The sample was majority Caucasian, male, and married with a mean of 12.4 years of law enforcement experience. Results indicated that participants reported high levels of psychological distress as compared to an adult male non-patient sample. The use of avoidant coping was associated with higher levels of organizational stress. Additionally, a predictor of psychological distress was the use of avoidant coping strategies and high levels of occupational stress, respectively. Implications of these findings concerning the role of workplace acceptance in a law enforcement setting are discussed. Authors’ Note: Significant institutional support was provided by the police administration to conduct this study. The authors would like to thank all of the police officers that took their time to participate in this study. This study was funded by a fellowship from the Jim Mikawa Ethnic Minority Fund. Data collection was provided by Rebecca M. Pasillas. Natalie M. Rice. Kathleen M. Palm. Leah, M. Leonard, and Lindsay Gray.