Desperately Seeking ‘Justice’ in Classical Chinese: On the Meanings of Yi

This essay sets out to search for an equivalent Chinese word to the English word ‘justice’ in classical Chinese language, through ancient Chinese philosophical texts, imperial codes and idioms. The study found that there does not seem to be a linguistic sign for ‘justice’ in classical Chinese, and further, yi resembles ‘justice’ in some ways and has been used sometimes to translate  ‘justice’, but yi is a complex concept in traditional Chinese philosophy with multiple meanings and it is dissimilar to ‘justice’ in their semantic and pragmatic meanings in Chinese and English legal culture. While ‘justice’ is a keyword and fundamental to Western law, yi is not a legal word or concept in classical Chinese in traditional China. Given its complexity, yi does not have a one-to-one equivalent in English. It sometimes carries a sense of ‘righteousness’ and occasionally ‘justice’, but yi and ‘justice’ are not equivalent. In view of these, it becomes understandable that the translations of yi in contemporary Chinese usage vary ranging from ‘friendship and justice’ to ‘greater good’, among others. The meaning of yi is still uncertain and context sensitive as it was two thousand years ago.

     

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.     

The Policies and Politics of Control: Countering Argentina's Uniformed and Unemployed Protesters

Like many new democracies, Argentina has struggled with contentious movements that have challenged its precarious stability. Two very different sectors have led particularly powerful opposition movements: the military—associated historically with the abuse of power—and the unemployed workers, with important support from prestigious human rights organizations. This article looks both at how the political standing of the sector (military versus civil society) influences policy choices and at how these policy choices influence whether opposition movements remain mobilized and contentious. It argues that situation‐alleviating policies—those that successfully address interests of the sector as a whole—tend to be more successful in defusing contentious movements than policies relying on coercion, concessions, or co‐optation of mobilized opposition groups. Situation alleviation depletes the contentious groups of possible recruits, while policies targeting the mobilized opposition may inadvertently motivate those actors to remain mobilized.     

The problem of gender quotas: women's representatives on Timor-Leste's suku councils

This article examines the experiences of women occupying reserved seats on the suku councils of Timor-Leste (each of which represents a number of small villages). The limited political participation of these women is often ascribed to patriarchal ideas within rural areas, and the need for capacity development. This article argues, however, that there are further structural issues at play, whereby the interaction between traditional and modern governance makes it difficult for women occupying reserved seats to make their mark. While gender quotas can be a useful tool to encourage women's political participation, these structural issues need to be recognised and addressed in order to truly empower women.     

Analysis of alprazolam by DART-TOF mass spectrometry in counterfeit and routine drug identification cases

The high prevalence of alprazolam abuse translates to an increased workload for crime laboratories in characterizing seized tablets. These tablets may originate as diverted pharmaceuticals or counterfeited mimics, so efficient analytical techniques should provide confirmatory data while minimizing destruction of evidence. We offer the first report of a validated forensic method for confirming alprazolam tablets by direct analysis in real time-time of flight (DART-TOF) mass spectrometric analysis. This technique provides rapid identification of target analytes with minimal sample preparation, allowing direct analysis in the atmospheric sample gap. Selectivity is achieved through high resolution and mass accuracy, unique ion fragments, and chlorine isotopic ratios. This method utilizes fragmentation in two separate voltage functions to observe the alprazolam pseudo molecular ion at 309.09070 using 40 V and major ion fragments of 281.07197 and 205.07657 at 120 V. These parameters allow our laboratory to confirm alprazolam tablets efficiently, without compromising quality forensic standards.     

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.     

The Google conundrum: Perpetrator or facilitator on the net? - Forging a fair copyright framework of rights, liability and responsibility in response to search engine 2.0 - Part II: The Google Books Search Project

Is Google in its quest for search engine optimization through the creation of new technologies, which not only improves its search algorithms but also refines its search functions for users, doing it in a manner that makes it a perpetrator of primary copyright infringement or an invaluable facilitator for Internet functionality? How should the balance of interests in the treatment of creative works be recalibrated in the face of changes in search engine technology and operations, and the disputes that have arisen within the last decade in the context of the digital age and its needs? Using Google as a case study, this paper will look at the two main areas of dispute over the operations of information locator tools and services that either threatens search engine functionality and efficiency or weakens copyright holders’ exclusive rights. It proposes a concerted set of solutions through a reassessment and amendment of copyright law to optimize the social benefits and objectives of both the copyright regime and technological innovations in the electronic model of information archiving, indexing and delivery. A fair distribution of responsibilities and allocation of rights and liabilities will be suggested. In the process, due consideration will be given to both public and private interests, with the former taking precedence; while the recommended solutions will be made within the currently outdated framework for Internet intermediary protection (i.e. safe harbor laws) and exceptions (i.e. specific statutory exemptions and the general fair use defense) under the existing copyright regime. Thus, the proposed changes will be far reaching without being too radical a departure from current law, an evolution that will likely be more acceptable and realistic a solution to the problem.This paper is published in two parts. Part One of this paper published in the previous edition of the CLSR at [2011] 27 CLSR 110-131 dealt with the challenges to the copyright regime posed by the operations and technology behind the Google Images Search Engine, while Part Two will assess the benefits of the Google Books Search Project vis-à-vis the effects it will have on the scope of copyright protection. Recommendations are made to copyright law to accommodate both functions while generally preserving the main objectives of copyright protection.     

Police Officer Attitudes Toward Muslims and Islam: “Worlds Apart”?

American Muslims may be the most diverse group of Muslims in any country in the world. There are an estimated 5–7 million Muslims in the United States. They represent a number of different nationalities, ethnicities, and interpretations of Islam. Moreover, over the past few years there appears to be an increase in the immigration of Muslims to the United States. Law enforcement agencies are currently concerned with the danger of “homegrown” terrorists and terrorism in the U.S. American Muslims likely represent the best source of information regarding those who have been dangerously radicalized within their various communities. To cull important information from the community, police agencies need to contact and communicate with their Muslim population. The ability to achieve these goals would seem to be shaped by both organizational and individual officer understanding and perception of both Muslims and Islam. Organizations and officers with accurate views would likely find efforts at communication and information exchange more fruitful. The current research seeks to assess the knowledge of and attitudes toward Muslims and Islam among our sample of American police officers. Four general areas will be explored in the survey. First, we examine the respondents’ general understanding of many of the basic tenets of Islam. Next, we wish to explore some of the respondents’ attitudes regarding Muslims and Islam. Third, we explore the respondents’ perception of media treatment of Muslims and Islam. Last, the level of officer contact with Muslims is examined.     

Associations Between Caregiver Support, Bullying, and Depressive Symptomatology Among Sexual Minority and Heterosexual Girls: Results from the 2008 Boston Youth Survey

Although sexual minority (SM) youth are at an increased risk for being bullied and experiencing depression, it is unclear how caregiver support is interrelated with those variables. Therefore, we sought to assess: (a) the prevalence of nonphysical bullying, depressive symptomatology, and caregiver support among heterosexual and SM girls, (b) the association between caregiver support and bullying in both groups, and (c) whether sexual orientation moderates the interactive effect of caregiver support and bullying on depressive symptoms. Data come from a survey of students in 22 Boston public high schools; 99 of the 832 girls in the analytic sample were SM. We used chi-square statistics to examine group differences, and multiple regression to estimate the association between the caregiver support, sexual orientation, being bullied, and depressive symptomatology. SM girls reported similar levels of caregiver support as heterosexual girls, but reported higher levels of depressive symptomatology. They were also more likely to report nonphysical bullying. Tests for interactions were not statistically significant, suggesting that bullying, caregiver support, and sexual orientation are independently associated with depressive symptomatology.