证据法的法域范围

法庭科学家和证据法学者所处的是两个不同的世界,就像英国和美国一样,由一种共通的语言划分开来。虽然在一些重要方面彼此关联,但法庭科学和证据法学作为两个独立的学科,有着各自独特的构造和演进,关注不同的问题并运用各具特色的认识论。因此,这两个学科之间存在着自说自话的重大风险。该风险的迹象体现在了法庭科学家与证据法学者之间时常沟通不畅。“证据法”的概念对于法庭科学和证据法学而言均至关重要,且在这两个学科中均被高频地运用。本文通过聚焦“证据法的法域范围”之基础概念讨论,希望造成该学科间冲突的个别成因能够明朗化,并诚挚地期盼这样做能有利于法庭科学与证据法学学科之间更有效地交流。     

Identification of the Class Characteristics in the Handwriting of Polish People Writing in English

Abstract: An investigation was carried out to identify the class characteristics of Polish people writing in English and to specifically identify those characteristics that separate Polish handwriting from English handwriting. In the first stage, 40 Polish and 40 English handwriting samples were collected and systematically examined. In total, 31 features were identified that occurred in ≥25% of the Polish handwriting samples and therefore considered class characteristics. Of these, chi‐square analyses identified 21 class characteristics that occurred significantly more in Polish compared to English handwriting. Twenty‐one of the class characteristics in the Polish handwriting had similar constructions to the copybook pattern thus supporting the theory that class characteristics frequently stem from the taught writing system. In the second stage, an algorithm was developed using seventeen of the class characteristics that successfully discriminated between a further 13 Polish and 12 English handwriting samples.     

RESPONDING TO THE CALL FOR CHILD CUSTODY EVALUATORS TO JUSTIFY THE REASON FOR THEIR PROFESSIONAL EXISTENCE: SOME THOUGHTS ON KELLY AND RAMSEY (2009)

Kelly and Ramsey (2009 ) propose that it is time to examine the costs and benefits courts and participants derive from child custody evaluations. A structure for a research program was suggested. This article endorses this call for such an examination on the system that provides for forensic mental health evaluations for custody disputes. There is a need to examine the costs and benefits of various types of approaches that are emerging, including the comprehensive evaluation and brief, focused evaluations. This article suggests that there is a need for forensic quality control of the work product that is produced by evaluators. Courts are cognizant of the need to encourage settlement between parties, but they also need to be accurate in making judicial determinations that will be in the best interests of children. Quality evaluations are a cornerstone in working toward this goal. Kelly and Ramsey are mindful of the need for evaluations to facilitate settlement, but also to get it right for the court on accurate predictions about children's developmental outcomes.     

The political economy of Australian regulatory reform

The problem of regulatory accumulation has increasingly been recognised as a policy problem in its own right. Governments have then devised and implemented regulatory reform policies that directly seek to ameliorate the burdens of regulatory accumulation (e.g. red tape reduction targets). In this paper we examine regulatory reform approaches in Australia through the lens of policy innovation. Our contributions are twofold. We first examine the evolutionary discovery process of regulatory reform policies in Australia (at the federal, intergovernmental, and state levels). This demonstrates a process of policy innovation in regulatory mechanisms and measurements. We then analyse a new measurement of regulatory burden based on text analytics, RegData: Australia. RegData: Australia uses textual analysis to count ‘restrictiveness clauses' in regulation – such as ‘must’, ‘cannot’ and ‘shall’ – thereby developing a new database (RDAU1.0). We place this ‘restrictiveness clauses’ measurement within the context of regulatory policy innovation, and examine the potential for further innovation in regulatory reform mechanisms.     

NATO Special Operations: Promise and Problem

NATO special operations forces (SOF) are at a crossroads as the NATO role in Afghanistan winds down. After more than a decade of development, NATO SOF have greatly increased their ability to operate together in the field and in headquarters. If the alliance continues to emphasize SOF development, these forces can play a major role in future NATO campaigns, particularly outside Europe. Moreover, SOF can be maintained effectively in times of austerity. Yet intelligence sharing, particularly in real time, is currently one of the major limitations on NATO SOF, creating divisions between United States and United Kingdom on one hand and much of the rest of NATO on the other. In order to make truly effective use of SOF the alliance needs to make fundamental changes to its decades old system for sharing intelligence.     

Book Reviews From Walden Pond to Jurassic Park: Activism,Culture, and American Studies. By Paul Lauter. New Americanists: A Series Edited by Donald E. Pease. Durham Duke UP, 2001

Women and Madness, by Phyllis Chesler. New York : Doubleday and Co. Pp. 360. $8.95.

The Diary of Anaïs Nin: Volume IV, 1944–1947, edited and prefaced by Gunther Stuhlmann. Harcourt Brace Jovanovich. Pp. 235. $7.50.     

The Intersectionality of Discrimination Attributes and Bullying Among Youth: An Applied Latent Class Analysis

Discrimination is commonly experienced among adolescents. However, little is known about the intersection of multiple attributes of discrimination and bullying. We used a latent class analysis (LCA) to illustrate the intersections of discrimination attributes and bullying, and to assess the associations of LCA membership to depressive symptoms, deliberate self harm and suicidal ideation among a sample of ethnically diverse adolescents. The data come from the 2006 Boston Youth Survey where students were asked whether they had experienced discrimination based on four attributes: race/ethnicity, immigration status, perceived sexual orientation and weight. They were also asked whether they had been bullied or assaulted for these attributes. A total of 965 (78 %) students contributed to the LCA analytic sample (45 % Non-Hispanic Black, 29 % Hispanic, 58 % Female). The LCA revealed that a 4-class solution had adequate relative and absolute fit. The 4-classes were characterized as: low discrimination (51 %); racial discrimination (33 %); sexual orientation discrimination (7 %); racial and weight discrimination with high bullying (intersectional class) (7 %). In multivariate models, compared to the low discrimination class, individuals in the sexual orientation discrimination class and the intersectional class had higher odds of engaging in deliberate self-harm. Students in the intersectional class also had higher odds of suicidal ideation. All three discrimination latent classes had significantly higher depressive symptoms compared to the low discrimination class. Multiple attributes of discrimination and bullying co-occur among adolescents. Research should consider the co-occurrence of bullying and discrimination.     

Location‐Efficient Mortgages: Is the Rationale Sound?

Location efficient mortgage (LEM) programs are an increasingly popular approach to combating urban sprawl. LEMs allow families who want to live in densely populated, transit‐rich communities to obtain a larger mortgage with a smaller down payment than traditional underwriting guidelines allow. LEMs are premised on the proposition that homeowners in such “location‐efficient” areas can safely be allowed to breach underwriting guidelines designed to prevent mortgage default because they have lower than average automobile‐related transportation expenses and more income available for mortgage payments. This paper employs records of more than 8000 FHA‐insured mortgages matched with data on various measures of location efficiency to test this proposition. The results suggest that it does not hold and that LEMs—like other low‐down‐payment mortgage programs—will raise mortgage default rates. This cost must be weighed against any potential anti‐sprawl benefits LEMs may have. © 2001 by the Association for Public Policy Analysis and Management.     

Public affairs in Australia: Evolving and enhancing corporate performance

This article is an attempt to provide a helicopter view of the influences and responses that have shaped the corporate public affairs function over four decades from non‐existence to an important and settled profession in Australia's major companies. It reflects the perceptions and experiences of an observer with a background in public administration, politics, academia, industry association leadership, and consulting to companies and industry organisations over that period. They are further informed by surveys and other studies conducted by the organisation supporting public affairs departments, the Australian Centre for Corporate Public Affairs (the Centre) since its inception in 1990. The article charts the emergence from two distinct, low level management silos—one supporting communications and the other, government affairs—to create an integrated strategic management function. The central story is of waves of innovation in concepts and practices, developed mainly overseas, being embraced with enthusiasm and becoming a dominant focus, before settling into the broad toolbox of public affairs. This occurred particularly in the period 1990–2005 during which the function took its shape. With such a broad and ambitious sweep, it is inevitable that bold generalisations begging exceptions must be made.     

China's Foreign Military Relations with Asia‐Pacific

The People's Liberation Army has always had a significant role in shaping and implementing the People's Republic of China's foreign policies. Over the past two decades, the PLA's role has increased considerably, and is likely to become even more important in the future as China develops its military capabilities and casts a broader shadow in the Asia‐Pacific region. The PLA's foreign relations program has several goals: to shape the international security environment in support of key Chinese national security objectives; to improve political and military relations with foreign countries; to enhance China's military and defense industry modernization; to provide military assistance to countries in the developing world; and, to acquire knowledge in modern military doctrine, operations, training, military medicine, administration, and a host of non-combat related areas. The PLA seeks to accomplish these goals through its military attache´ offices abroad and the use of an elaborate system of bilateral exchanges. Of these programs, the most visible relations involve high-level visits, functional exchanges, arms purchases, and ship visits.