WHO'S YOUR DADDY?: THE INHERENT UNFAIRNESS OF THE MARITAL PRESUMPTION FOR CHILDREN OF UNMARRIED PARENTS*

Many states have marital presumptions of legitimacy, which provide children born to married parents with protection against paternity lawsuits questioning their legitimacy. However, most states do not have legitimacy presumption statutes for unmarried couples. This lack of equality between married and unmarried couples makes it so that children born to unmarried parents, who have developed a psychological bond with a man they have always thought to be their father, are not afforded the same protection as other children in similar situations, simply because their parents were not married at the time of their birth. Therefore, this Note advocates for states to amend their paternity statutes to provide protection against nonpaternity lawsuits to psychological fathers and their psychological children. State statutes should provide a psychological father with the right to be declared the legal parent of his psychological child in cases where the child's legal father has been substantially absent from the child's life.     

THE EMERGENCE OF TRIAGE IN FAMILY COURT SERVICES: THE BEGINNING OF THE END FOR MANDATORY MEDIATION?*

Mandatory mediation has, since its inception in the 1980s, been at the heart of family court service agencies. However, changing times, more complex family problems, and a lack of court resources have created significant service delivery challenges. This article examines the emergence of variations of triage processes in family court service agencies as a response and contends that it is time to consider replacing the tiered service delivery model.     

STUDENTS AS THE SUBJECT-MATTER OF THE FUNDAMENTAL RIGHT FOR EDUCATION： AN INTROSPECTION OF PHYSICAL PUNISHMENT IN TAIWAN

A Zero Physical Punishmentpolicy had been adopted and enacted into law in 2006. Articles 8 and 15 of Educational Fundamental Act have made Taiwan become the 109th country which implements a Zero Physical Punishment policy. In the past years, people in Taiwan used to take physical punishment as a part of teachers＇ legitimate disciplinary power. However, physical punishment has profound impacts on students＇ personalities and is in contravention with educational fundamental right which centers upon students＇freedom of personality development and students＇right of being free from physical harms. For that matter, after the Judicial Yuan Interpretation No. 382, students are not a part of Special Power Relationship anymore. Therefore, students, as the core of educational fundamental right, have the right to reject physical punishment or the right to seek for judicial remedies after being physically punished. Also, when teachers perform their disciplinary power, they must obey the core of educational fundamental right--students＇freedom of personality development. Besides, since the Zero Physical Punishment policy is the edueational prineiple in our country, the state, teachers, and parents must work together to carry it out and make schools become the appropriate places for students ＇freedom of personality development.     

THE REALITIES OF LAW ARE THE WINNING NARRATIVES — BASIC THESES FOR A REALISTIC AND RHETORICAL PHILOSOPHY OF LAW

This article begins explaining the Aristotelian reduction of rhetoric to persuasion, which came to determine Western tradition until modern times. To understand Aristotle’s methodology the author then wants to discuss the concept of enthymeme, the “rhetorical syllogism,” in Aristotle’s own words. In order to try a realistic critique on the Aristotelian rhetoric, more adequate to a rhetoric of modern law, the author will suggest three epistemological points of departure, three theses, and the three levels of rhetoric that support them.     

RETHINKING CHINESE EVIDENCE THEORIES AND RECONSTRUCTING SYSTEM OF EVIDENCE: “A THREAD FOR THE PEARLS OF CHINESE EVIDENCE”

This article analyses Chinese traditional evidence theories that have evolved over a long period of time, to explore which theory, between objectivity and relevancy, best represents the basic attribute and logical thread of evidence. These theories are considered in the context of issues arising in evidential adjudication, including: the “Mirror of Evidence,” truth, the probability of proof standard, the choice between a notion of pursuing 100-percent certainty in adjudication and that wrongful acquittals are better than wrongful convictions, and the statutory proof doctrine comparedwith the system of free proof. Finally, the article presents the framework of and methods for drafting provisions of procedural evidence of the People’s Court.     

DO CELLMATES MATTER? A CAUSAL TEST OF THE SCHOOLS OF CRIME HYPOTHESIS WITH IMPLICATIONS FOR DIFFERENTIAL ASSOCIATION AND DETERRENCE THEORIES

In the schools of crime hypothesis, social interactions between inmates are assumed to produce criminogenic rather than deterrent prison peer effects, thus implicating them in the persistence of high recidivism rates and null or criminogenic prison effects. We assess the validity of the schools of crime hypothesis by estimating prison peer effects that result from differential cellmate associations in a male, first‐time release cohort from the Pennsylvania Department of Corrections. To isolate causal prison peer effects in the presence of essential heterogeneity, we use a semiparametric local instrumental variables estimation strategy. Our results do not support the school of crime hypothesis. In our sample, prison peer effects produced in interaction with more criminally experienced cellmates are always null or deterrent rather than criminogenic. Although we do not explicitly test for the operant conditioning mechanisms theorized to underlie social influence in the context of differential association, we argue that, under the assumption that the differential association context relates positively to the direction of peer influence, our universally noncriminogenic estimates exclude direct reinforcement, vicarious reinforcement, and direct punishment as potential drivers of prison peer effects produced in interaction with more criminally experienced cellmates. Our results support the assertion that operant conditioning mechanisms connect differential association and deterrence theories.     

ARE WE REALLY LOOKING OUT FOR THE BEST INTERESTS OF THE CHILD? APPLYING THE NEW ZEALAND MODEL OF FAMILY GROUP CONFERENCES TO CASES OF CHILD NEGLECT IN THE UNITED STATES

This Note advocates for state laws to be amended to implement family group conferencing (FGC) as the first step in cases of alleged child neglect. FGC was developed in New Zealand nearly twenty years ago and have since become a realistic method of balancing the best interests of the children, families, agencies, courts, and communities involved in the child welfare system. A FGC is a meeting among family members and professionals that is conducted in order to develop a plan for a child who is the victim of neglect. FGC places the family at the center of the welfare proceedings and empowers them to reach a solution without having to resort to the often lengthy and expensive adversarial court system. If FGC is incorporated into the child welfare systems throughout the United States, communication between the parents, social services, and the courts could increase, helping families adequately address the problem of neglect and getting the children out of the child welfare system quickly and more efficiently.     

RULE FOR PREFERRED STOCK IN CHINA: OVERTHROW OF THE PRINCIPLE OF “EQUAL SHARES,EQUAL RIGHTS”? — FROM A COMPARATIVE PERSPECTIVE

The principle of “equal shares, equal rights” was established by the Company Law of 1993 of the People’s Republic of China. At the initial stage only issuance of common stocks was allowed and the issuance of preferred stocks was interpreted as prohibited. The Company Law of 2006 has changed the rigidity of provisions of the Company Law of 1993 and laid down the legal foundation for issuance of preferred stock. The Rule for Administration of the Pilot Project for Preferred Stocks released on March 21, 2014 by the China Securities Regulatory Commission started the issuance of the preferred stocks in the Chinese capital market. The establishment of the legal system for issuance of preferred stock in China is not the symbol of overthrowing the principle of “equal shares, equal rights,” but the expansion and development of the principle of “equal shares, equal rights” in a new era.     

STATE＇S CONTROL AND TENURE ARRANGEMENT OVER FIXED OBJECTS DUTCH CITIZENS PRIVATE PROPERTY FOR THE WELFARE OF THE PEOPLE： THE CASE OF INDONESIA

Indonesia had been colonized by Dutch Government for more than 300 years. Posterior to Indonesia independent proclamation on August 17, 1945 there was a number of State＇s legal problems found and one of them is the control and tenure arrangement of private property that left by Dutch citizens in the country of Indonesia. Specific purpose of the paper is to criticize the existence of Act Number 3 PRP Year 1960 regarding the Tenure Arrangements Fixed Objects Dutch Citizens Private Property that has reflected a sense of unjust, uncertainty and inexpedience for the greatest number of Indonesian people. It is because the Act of 1960 defines inconsistency between Article 4, paragraph （2） with general explanations Article 1 Government Regulation of the Republic of Indonesia Number 223 of 1961. It also set the terms of priorities to obtain fixed objects belonging to individual citizens Dutch not in accordance with the principle of equality before the law. Legal implications arising from control and tenure arrangements of objects and equipment owned by a Dutch individual are a problem that occurs in the received ground objects P3MB. To implement the control arrangements of objects and equipment owned by a Dutch individual that reflects a sense of fairness, certainty and benefit to society by applying the concept of 3 in 1 in the Land Acquisition： Acquisition of land objects P3MB for laws subject.     

THE CONCEPTUAL BASIS OF PRIVACY STANDARDS IN CHINA AND ITS IMPLICATIONS FOR CHINA’S PRIVACY LAW

China has one of the longest histories of civilization in the world. In ancient China, civil disputes were solved by moral principles of Confucianism, called li (礼). Therefore, at the time of the emergence of li, privacy was indirectly protected to some extent. However, li also restrained the legal privacy protection at that time. Moreover, the substantial meaning of traditional protection for privacy is quite different from that in modern society. In consequence, it is difficult to postulate that there was legal protection for privacy in ancient China, though privacy had been indirectly protected by the theory of li. If the right to privacy is seen as a milestone in its evolution in modern society, the modern concept and protection of privacy emerged in China almost a century later than in some Western countries. 1 The first consideration for the protection of privacy in China was a judicial interpretation by the Supreme Court in 1988.2 Since then, China has been developing its own protection for privacy. This article is to explore privacy standards in both ancient and modern China with two main parts: (a) The first part discusses the privacy in ancient China, including traditional Chinese concepts of privacy, traditional Chinese protection for privacy, and its evaluation; (b) the second part examines the privacy standards and privacy protection in modern China.     

AN EXAMINATION OF RETAIL CLIENTS’ INVESTOR SUITABILITY RULES IN THE COBS AND THE LESSONS FOR CHINA

Nowadays, the complexity of financial products makes it difficult for retail clients to identify investment risks, and there is an increasing tendency for firms, stipulated by the maximum profits, to recommend or enter into unsuitable transactions to or for retail clients while providing services of investment advice and portfolio management, which causes great losses to a significant number of investors. So, in the contemporary society, the investor suitability rules through which retail clients can purchase suitable financial products are the indispensable legal basis of investor protection. Currently, the regulations concerning investor suitability management in China have several problems, including the chaotic legal system, low effectiveness level and defective contents, which may make it difficult for suitability to be applied in justice and managed effectively. Since the UK’s investor suitability rules in the Conduct of Business Sourcebook that apply to retail clients whose contents include requirements of obtaining retail clients’ information, requirements of information to be provided to retail clients and criteria of assessing suitability are clear and comprehensive, the authors believe that the UK’s experiences can provide a great enlightenment for China to better investor suitability management rules, including integrating legal documents and optimizing effectiveness level, rationalizing application scope, adding criteria of assessing suitability and revising specific clauses.     

WHY A LAWYER?—THE IMPORTANCE OF CLIENT‐DIRECTED LEGAL REPRESENTATION FOR YOUTH

This article begins with a discussion about the importance of ensuring that all children have lawyers in abuse and neglect cases. Lawyers provide a vital role in giving youth a voice in proceedings that sound profoundly affect their lives. The article then discusses why the client‐directed lawyer's role is consistent with federal law and legal ethics. Finally, the article discusses the growing support for client‐directed representation and what the American Bar Association has done to support this type of child representation.     

1996年英国仲裁法

１９９６年英国仲裁法本法之目的在于重述和完善与依据仲裁协议进行仲裁有关的仲裁法；制定与仲裁及其仲裁裁决有关的规定；以及与此相关的目的。（１９９６年６月１７日）经女王陛下之御准，经上院议员和下院议员之建议和赞许，并经议会讨论及该权威机构之批准，本法得以...     

1996 中国严打档案

今年四月下旬,根据党中央关于加强社会治安工作的重要指示,一场严厉打击严重刑事犯罪活动的斗争在全国范围内迅速展开,打击的目标直指那些严重危害社会治安和人民生命财产安全的刑事犯罪分子,一大批作恶多端的犯罪分子纷纷落入法网,人民群众拍手称快。     

英国1996年仲裁法

本法旨在重述和完善依据仲裁协议进行仲裁的有关法律，并就仲裁和仲裁裁决及其他方面作出新的规定。[1996年6月17日]。本法由上议院贵族议员和下议院议员于本次议会审议通过，并经女王陛下批准，兹经其授权颁布如下。     

CONCEPT OF SYNDICATED LOAN AGREEMENT BASED ON ECONOMIC DEMOCRACY FOR MICRO,SMALL AND MEDIUM ENTERPRISES （MSMES） IN INDONESIA

The banking institutions play an important role in providing development funds through one of their efforts such as syndicate loan. Syndicated loan is given only for large companies, because the loan value which is given from some banks to one debtor, higher than Legal Lending Limit. Economic democracy will give the priority to public welfare not to individual prosperity. Society value in economic life is justice. Article 2 of Law No. 10 of 1998 for banking which gives the clear explanation that Indonesian banking do their business based on economic democracy by using prudential principle. The definition of economic democracy is giving the greatest opportunities to all people to enjoy an increase in prosperity from bank functions, collector and distributor of public funds. As well as in syndicated loans, economic democracy principles should apply to all public, micro, small, medium and large enterprises to enjoy the loan syndication in order to improve all public welfare.