大陆、台湾刑法中保安处分制度比较研究

我国 1997年新刑法的颁布 ,标志着我国的刑事实体法又上了一个新的台阶。保安处分制度是现代西方刑法理论和刑法制度的重要组成部分。在刑法修改以前 ,是否应该将该制度引入我国的刑事立法体系 ,引起了我国学者的广泛讨论。本文通过对台湾刑法中的保安处分制度和大陆法律中类似于保安处分制度的保安性措施进行比较分析 ,旨在论证将保安处分制度引入我国大陆刑法的可行性。     

THE CAUSES OF GIRLS’ DELINQUENCY AND THEIR PROGRAM IMPLICATIONS

This article summarizes some of the literature reviewed by the Girls Study Group, which is a federally funded project aimed at assessing the causes of girls’ delinquency as well as evaluating programs to address it. The literature reveals that a number of factors such as family dysfunction, involvement with antisocial peers, and living in disadvantaged neighborhoods are correlated with delinquency for both boys and girls. Some factors, however, are gender sensitive, meaning that either girls are more exposed to a given risk factor than boys or react somewhat differently to a given risk factor. Girls have higher rates of exposure to sexual assault, which is associated with delinquency and, although more research is needed, they are more affected by the impacts of early puberty, when it is coupled with harsh parenting and disadvantaged neighborhoods. This article discusses some implications of the research on correlates of delinquency for programming for girls and makes recommendations for program selection.     

PUNCHING THE PARENTING TIME CLOCK: THE APPROXIMATION RULE,SOCIAL SCIENCE,AND THE BASEBALL BAT KIDS*

The American Law Institute proposes that in contested physical custody cases the court should allocate to each parent a proportion of the child's time that approximates the proportion of time each has spent performing caretaking functions in the past. Examined through the lens of child development research, the approximation rule is unlikely to improve on the best interests standard. It is difficult to apply; is perceived as gender‐biased; creates a new focus for disputing parents; renders a poor estimate of parents’ contributions to their child's best interests; overlooks parents’ intangible, yet significant, contributions to their child's well‐being; and miscalculates the essence of how a child experiences the family. A preferable alternative is a better defined, contemporary best interests standard that accommodates new knowledge and reforms that encourage nonadversarial, individualized resolutions of custody disputes.     

Link to live webcast may constitute copyright infringement

Having found that a deep hyperlink on Davis' website to livestreaming of a motorcycle race owned by Live Nation constitutescopying, the court granted Live Nation's Motion for summaryjudgment in its copyright infringement claim and enjoined Davisfrom maintaining the link.     

知识产权刑事司法鉴定若干问题研究

知识产权刑事案件中,司法鉴定尚存在很多亟待解决的问题,这些问题不仅阻碍了诉讼活动的顺利进行,有的也违背了司法鉴定的基本规律。从长远的角度来看,知识产权刑事诉讼,很多司法鉴定问题更宜转化为专家证人的形式加以解决。     

High performance liquid chromatographic determination of alcohols with reference to body distribution of methanol

A method has been developed on reverse phase high performance liquid chromatography for simultaneous determination of methyl, ethyl and isopropyl alcohols under refractive index detection using pure water as the mobile phase. A good separation has been achieved between these alcohols. Detector response was linear with a detection limit of 5 mg/100 ml. Recovery studies were performed by adding known amounts of methyl and ethyl alcohols to blood, lung and liver within the range 80–90%. The reproducibility of the results was always >90%. The quantitative distribution of methyl alcohol in postmortem body tissues and fluids has been reported in three cases of poisoning.     

An Australian Empire Patriot and the Great War: Professor Sir Archibald T. Strong (1876–1930)

Archibald T. Strong, born in Melbourne, was the son of an Australian scholar who went to an academic post at Liverpool. The younger Strong received his secondary and tertiary education in England. There, he became proficient in modern European languages and literature. He initially planned a career in the law, but for health reasons returned to Australia to the Department of English at the University of Melbourne. Prior to the First World War, Strong became prominent in Melbourne literary circles and also a prolific commentator on world affairs. As an early member of the Round Table group in Australia, Strong assessed Imperial Germany as posing an existential threat to the British Empire and hence to Australia's security. The nation's future, he believed, lay in unwavering defence of the Empire. Strong evinced a distinct impatience with fellow citizens, especially on the socialist left, who failed, in his view, to understand the realities of Australia's position in the world and what was at stake in the Great War.