论应急预案的性质和效力——以国家和省级预案为考察对象

应急预案在本质上是各种应急法律规范的具体执行方案,但分析发现,目前的国家和省级预案却创制、补充了大量的法律规范用于弥补立法缺陷,事实上已使预案本身异化为应急法律体系的一部分。对于预案中暂时替代法律发挥作用的这些内容,为了保证其合法性,有必要在形式上将一定级别的预案上升为行政法规和规章,从而需要对预案的编制程序和内在结构进行必要的调整。     

Effects of victim gender,victim sexual orientation,victim response and respondent gender on judgements of blame in a hypothetical adolescent rape

Objectives. Few studies have examined the judgements made towards adolescent rape victims, and none have investigated attributions towards gay male or lesbian adolescents. The current study examined the effects victim gender, victim sexual orientation, victim response, and respondent gender, on attributions of blame in the depicted rape of a 15‐year old adolescent. Methods. A total of 164 respondents read details of this assault before completing 15 attribution judgments. Results. Respondents were expected to attribute more blame to a victim who was male, gay, and who failed to resist the perpetrator. Male respondents were also expected to be more blaming of the victim than females. Overall these hypotheses were supported. Conclusion. Results are discussed in relation to the role gender stereotypes and homophobia play within attributions blame in sexual assault cases. Specifically, it seems male adolescent rape victims are subjected to the same negative stereotypes as male adult victims. Implications and ideas for future research are considered.     

Unexpected Human Fatality Associated with Bed Bug (Hemiptera: Cimicidae) Heat Treatment

Thermal insect treatments can be an effective method of controlling cryptic insect pests, particularly bed bugs, in residential settings. The treatments require high heat over a sustained timeframe. Residents are not present during treatment but return after completion. An unexpected death was investigated following heat treatment for bed bugs in the home of an elderly female, found with a postmortem axillary temperature of 106.2°F (41.2°C) approximately 8 h after returning home. The cause of death was classified as hyperthermia with a contributory cause of hypertensive cardiovascular disease. The manner of death was an accident. The decedent had medical history and medications that could have impaired her ability to dissipate heat. Furthermore, the air conditioning inside the residence was not functional following treatment. Recommendations including education regarding heat stroke and treatment, re‐entry timeframes, and/or temperature thresholds are suggested to reduce the risk of heat‐related injury or death in vulnerable populations.     

Institutional change in the European Parliament: balancing legislative ethics and parliamentary independence

Research on legislative ethics has shown how scandals often trigger ethics reform; yet, the content of the reform often differs from that of the scandal. Why is this the case? And if scandals don't explain legislative ethics reform outcomes, then what does? If not this kind of external shock, then what factor(s) shape legislative reform outcomes? These questions provide the point of departure for a case study of the European Parliament's 2011 ethics reform. Drawing from the legislative ethics literature and from recent theories of institutional change, the article examines the impact of the scandal that initiated the reform, the interests and strategies of reform agents who wanted a quick reform process that would not undermine the EP's independence; and the institutional order in which those actors were embedded. It argues that an institutional logics perspective offers a convincing and comprehensive account of EP ethics reform, and suggests a new analytical framework that might be used by researchers in future research on legislative ethics.     

Ridge Width Correlations between Inked Prints and Powdered Latent Fingerprints

A methodology to estimate the time of latent fingerprint deposition would be of great value to law enforcement and courts. It has been observed that ridge topography changes as latent prints age, including the widths of ridges that could be measured as a function of time. Crime suspects are commonly identified using fingerprint databases that contain reference inked tenprints (flat and rolled impressions). These can be of interest in aging studies as they provide baseline information relating to the original (nonaged) ridges’ widths. In practice, the age of latent fingerprints could be estimated following a comparison process between the evidentiary aged print and the corresponding reference inked print. The present article explores possible correlations between inked and fresh latent fingerprints deposited on different substrates and visualized with TiO₂. The results indicate that the ridge width of flat inked prints is most similar to fresh latent fingerprints_, and these should be used as the comparison standard for future aging studies.     

The Direction of Violence Against Women Research and Evaluation

Although researchers have made numerous advances in the understanding of the nature, extent, and dynamics of violence against women (VAW), there is an ever-increasing need for data used in academic research and within policy decision-making to be collected via rigorous methodological designs to accurately measure the incidence and impact of VAW. What is now needed are research collaborations within an interdisciplinary research cluster that will expand understanding of the complex nature of VAW. The current article details an agenda or “call to action” to address deficiencies and advance VAW research, in addition to informing VAW intervention and prevention efforts.     

Copyright Givers and Takers: Mutuality,Altruism and Instrumentalism in Open Licensing

Over the past three decades, open licensing has evolved from hacker culture thought experiment to a transformative force in applied copyright across a range of industries. Yet very little empirical research exists to understand its disparate uses. This article examines social practices and attitudes about open licensing in order to examine the practical experience of creators and consumers who use this tool and in order to assess its value in moderating the negative consequences of extensive copyright. The discussion about the role of open licensing in creative industries and communities tends to be polarized into two vantage points. Either (1) it is a new, altruistic paradigm enabling creative communities to rework copyright to fit their vision for the cultural commons, or (2) it is a radical theft of creative labor, encouraged by Google and other digital industrial powerhouses, to cheat creators out of their share of profits. Both of these rhetorical vantage points presume a monolithic and largely either selfless or unaware base of creative laborers. We analyze data from a series of surveys across a range of creative fields and practices to show that creators employ open licensing for a variety of reasons, including instrumental purposes oriented toward skirting the many impediments created by institutions and law, rather than merely because they are unaware or selfless.     

Forensic psychiatric experiences,stigma, and self-concept: a mixed-methods study

This study used a mixed-methods approach to investigate stigma experiences and self-concepts of individuals with both mental illness and criminal histories. The full sample of participants completed self-report measures of self-concept related to mental illness, race, and criminal history, and a brief qualitative self-concept measure. A subsample of participants completed semi-structured interviews, which were analyzed for content domains. Analyses suggested that several aspects of self-concept related to responses on stigma measures. Participants who identified their own styles of acting, feeling, and thinking tended to exhibit less mental illness self-stigma. Qualitative interview findings suggested that the majority of participants described stigma experiences related to mental illness, race, and criminal history, and these stigmatized identities negatively influenced one another. Conclusions review how stigmatized identities can intersect in powerful ways for individuals with mental illness and histories of criminal offending, and discuss implications for future research and clinical practice.     

Prospects for health impact assessment in the United States: new and improved environmental impact assessment or something different?

Health impact assessment (HIA) has been advanced as a means of bringing potential health impacts to the attention of policy makers, particularly in sectors where health impacts may not otherwise be considered. This article examines lessons for HIA in the United States from the related and relatively well-developed field of environmental impact assessment (EIA). We reviewed the EIA literature and conducted twenty phone interviews with EIA professionals. Successes of EIA cited by respondents included integration of environmental goals into decision making, improved planning, and greater transparency and public involvement. Reported shortcomings included the length and complexity of EIA documents, limited and adversarial public participation, and an emphasis on procedure over substance. Presently, EIAs consider few, if any, health outcomes. Respondents differed on the prospects for HIA. Most agreed that HIA could contribute to EIA in several areas, including assessment of cumulative impacts and impacts to environmental justice. Reasons given for not incorporating HIA into EIA were uncertainties about interpreting estimated health impacts, that EIA documents would become even longer and more complicated, and that HIA would gain little from the procedural and legal emphasis in EIA. We conclude that for HIA to advance, whether as part of or separate from EIA, well-formulated methodologies need to be developed and tested in real-world situations. When possible, HIA should build on the methods that have been utilized successfully in EIA. The most fruitful avenue is demonstration projects that test, refine, and demonstrate different methods and models to maximize their utility and acceptance.     

Identifying Three Types of Violent Offenders and Predicting Violent Recidivism While on Probation: A Classification Tree Analysis

This study employs classification tree analysis (CTA) to address whether 3 groups of violent offenders have similar or different risk factors for violent recidivism while on probation. A sample of 1344 violent offenders on probation was classified as generalized aggressors (N = 302), family only aggressors (N = 321), or nonfamily only aggressors (N = 717). The strongest predictor of violent recidivism while on probation was whether the offender was a generalized aggressor or not, with generalized aggressors more likely to be arrested for new violent crimes. Prior arrests for violent crimes predicted violent recidivism of generalized aggressors, but did not significantly predict violent recidivism of family only and nonfamily only aggressors. For generalized aggressors and family only batterers, treatment noncompliance was an important risk predictor of violent recidivism. CTA compared to logistic regression classified a higher percentage of cases into low-risk and high-risk groups, provided higher improvement in classification accuracy of violent recidivists beyond chance performance, and provided a better balance of false positives and false negatives. The implications for the risk assessment and domestic violence literature are discussed.