主权的比较视野:宪政在英国和美国

在此次纪念詹姆斯·麦迪逊演讲中,上议院议长,欧文·莱尔格勋爵评述了美国宪法至上和司法审查体制与英国不成文宪法强调无司法审查的议会主权具有许多共同之处。尽管这两个体系经常被认为是极端对立的,欧文勋爵指出其实二者都是在民主政治的背景下运作,且殊途同归,区分并联系着     

Digital humanities and the history of working women: a cascade

In this introduction to the special issue on ‘Women's work in changing labour markets’, we argue that a combination of digital advances, notably the digitization of individual- and contextual-level data, the creation of internationally comparable occupation-based classifications, and the development of statistical models allowing for contextually informed analysis, has brought us to the brink of new developments in the field of women's work. Census and vital registration data contain more information on occupations of women than previously thought, and when used in combination with other digitized sources they allow one to assess the possible under-registration of women's work, as illustrated by some of the contributions to this special issue. Other contributions show how standardizing occupation-based classifications allows for temporal and regional comparisons of women's work and makes it feasible to study how community or regional characteristics influence that work. None of these developments – large-scale digitization of individual-level data, standardization of occupational titles and measures of stratification, and contextually informed analyses – is completely new; in some cases they are actually rooted in a venerable research tradition. However, in combination they might well constitute a cascade in the history of working women.     

Situating Exclusion of Evidence Analysis in its Socio-Legal Place: A Tale of Judicial Populism

In the 2009 case of R. v. Grant, the Supreme Court of Canada reformulated the exclusion of evidence framework in the context of Charter breaches. The case was something of a revolution for those who study evidence law and the Charter. Thus far, the case has been the subject of much debate and even empirical study. Few academic papers have explored the philosophical predilections of the Court in the decision. In this paper, the authors briefly review the history of the exclusion of evidence test, explain the new framework and discuss the academic and legal responses to the case. The authors place the reasoning of the Court in a broader socio-legal context arguing that the test articulated by the Court is informed by a type of populism that combined with recent Charter cases in the police powers context allows for flexible potentials, ones that could, on occasion, encroach on due process protections. The authors call for scholars and activists to keep a close eye on the emerging jurisprudence in this critical area of Charter adjudication.     

Forecasts of Violence to Inform Sentencing Decisions

Objectives

Recent legislation in Pennsylvania mandates that forecasts of "future dangerousness" be provided to judges when sentences are given. Similar requirements already exist in other jurisdictions. Research has shown that machine learning can lead to usefully accurate forecasts of criminal behavior in such setting. But there are settings in which there is insufficient IT infrastructure to support machine learning. The intent of this paper is provide a prototype procedure for making forecasts of future dangerousness that could be used to inform sentencing decisions when machine learning is not practical. We consider how classification trees can be improved so that they may provide an acceptable second choice.

Methods

We apply an version of classifications trees available in R, with some technical enhancements to improve tree stability. Our approach is illustrated with real data that could be used to inform sentencing decisions.

Results

Modest sized trees grown from large samples can forecast well and in a stable fashion, especially if the small fraction of indecisive classifications are found and accounted for in a systematic manner. But machine learning is still to be preferred when practical.

Conclusions

Our enhanced version of classifications trees may well provide a viable alternative to machine learning when machine learning is beyond local IT capabilities.     

Regimes of Cooperation in the Western Hemisphere: Power, Interests, and Intellectual Traditions

The 1994 Summit of the Americas marked a high point in hemispherism—our label for the active attempt by the nations of the Western Hemisphere to form regimes of cooperation with one another. To explain why hemispherism has not been a more powerful trend in the last 200 years, structural, interest, and cultural variables are relevant but insufficient factors. An important and often overlooked obstacle to hemispherism has beencontrarian ideas. Specifically, constellations of intellectual traditions that question the value of hemispheric cooperation have dampened both the demand for and supply of such regimes. Only when these antihemispheric intellectual traditions were in retreat—the late nineteenth century, the mid twentieth century, and the early 1990s—has hemispherism flourished. We posit three mechanisms through which intellectual traditions can decline, thus generating amodified cognitivist argument that can supplement power-based and interest-based explanations of regime formation and robustness.     

邓小平解决西南民族问题的思想

文章简要阐述了邓小平在主持西南局工作期间,面对西南的民族问题,提出并实践成功的解决西南民族问题的办法及措施。     

建国以来贵州少数民族地区农村土地制度变迁及其历史意义

新中国成立以来,贵州少数民族地区农村土地制度经历了农有农用、农有公用、公有公用、公有农用的变革历程。本文从历史的角度,旨在分析贵州少数民族地区农地制度的历次变革及意义,指出土地制度建设中存在的主要问题,以期为完善贵州农地制度提供必要的参考。     

贵州文化浅论

文章对贵州文化的定义、外延、内涵、特征文化价值等作了简要的论述,并认为贵州文化、贵州文化资源在发展贵州就、发展贵州文化产业、文化商品方面,在社会、经济、文化三者协调发展方面,具有无比的文化价值和广阔的前景。     

藏传佛教"羌姆"面具艺术探秘

文章对藏传佛教"羌姆"跳神面具的缘起、发展源流、种类型制、表现的内容与象征内涵、审美寄托、艺术特色、制作的形式美等作了较全面的探讨.