“中间裁决”的概念有待明确——兼与部分裁决、先行裁决、临时裁决比较

在我国“中间裁决”也已经写进了不少仲裁机构的仲裁规则里,“中间裁决”的案件已不陌生,但各个仲裁委的规则的概念是不一样的,我国《仲裁法》没有涉及这个问题,这样导致同样的一份裁决,在这个仲裁机构被称为“中间裁决”,在另一个仲裁机构可能被冠以“部分裁决”或者“先行裁决”等等,并且在实践中还可能使案件陷入两难境地。本文就此问题抛砖引玉,以期仲裁同仁进一步探讨。     

Preventing violence and trauma in the next generation

Research in recent times has clearly demonstrated that violence is predictable and preventable; however, the primary prevention of abusive and violent behavior will not occur without personal, interpersonal, and social change. This article reviews the empirical research supporting hypotheses for primary prevention of many risks associated with children becoming abusive.     

Clothing damage analysis in alleged sexual assaults--the need for a systematic approach

Clothing damage analysis is an integral part of the examinations carried out in sexual assault type cases. This analysis can be used to corroborate different versions of events and is at its most powerful in elucidating false allegation cases and consent cases. The purpose of this study was to determine to what extent people with varying levels of forensic awareness, experience and training could correctly carry out damage analysis. Two participant groups were asked to take part in this study. Group A ('forensic group') comprised participants at a forensic science conference, and Group B ('student group') comprised students undertaking a degree course in Forensic Science. Each group was given a practical workshop consisting of a lecture outlining common fabric types and general features observed in different damage types. Each participant was subsequently shown 25 pieces of 'damage' and asked to identify both the type of fabric construction (knit or weave) and the type of damage (cut, tear, rip, wear and tear). The ability to identify fabric construction and damage types varied within the two groups studied and across the groups. The forensic group performed better both in fabric and damage assessment than the student group. This paper suggests a systematic approach to clothing damage analysis to maximise the benefits that can be obtained from this area of forensic science and to minimise the subjectivity within the field.     

Trust in the clouds

The “cloud” is not new, and its roots go back to the original plans for computing from the 1950s. Now that computing is moving back to the original cloud-based models that were envisioned more than 60 years ago, with it, consumers are realizing the increases in security and safety that accompany the move to centralized servers. Yet the perception of “trust” in this context is often still formed by views that people have from their use of computers over the past two decades, which is localized in nature (“if I can see it, I can control it”). This view is based on perception more than fact. Our paper discusses different views of trust in other contexts (such as banking and travel) and concludes that users of cloud computing should recast their view of trust in a similar way that consumers of banking and travel have changed their perceptions of trust in the last 100 years.     

Secondary missile injury from lightning strike

A 48-year-old-woman was struck dead by lightning on October 24, 2010, in Pretoria, South Africa. The cause of death was due to direct lightning strike. Examination showed secondary missile injury on her legs. This secondary missile (shrapnel) injury was caused by the lightning striking the concrete pavement next to her. Small pieces of concrete were located embedded within the shrapnel wounds. This case report represents the first documented case of secondary missile formation (shrapnel injury) due to lightning strike in the literature.     

Adulthood animal abuse among women court-referred to batterer intervention programs

The substantial increase in the enrollment of women in batterer intervention programs (BIPs) over the past 30 years has greatly outpaced research on women who perpetrate intimate partner violence (IPV). As a result, it is unknown whether existing programs, which were originally designed to treat male perpetrators, are effective at preventing recidivism among women. Recent research shows that men who perpetrate IPV may also aggress against nonintimate partners, children, and animals, and that the reach of their aggressive tendencies has implications for treatment. Conducting similar investigations on women who perpetrate IPV may help to inform treatment delivery in BIPs. This study examined the prevalence of adulthood animal abuse perpetration and its association with psychological and physical IPV perpetration in a sample of women arrested for domestic violence (N = 87). Seventeen percent (n = 15) of the women committed at least one act of animal abuse since the age of 18, in contrast to the 0.28% prevalence rate reported in the general population. The overrepresentation of animal abuse in this sample was consistent with that of men arrested for domestic violence. Furthermore, women who reported committing animal abuse as an adult showed moderately higher rates of psychological aggression and physical assault perpetration against their partners, relative to women who did not report animal abuse. Implications for future research are discussed.     

Transnational Legal Process and State Change

This article applies a sociolegal approach to the study of transnational legal processes and their effects within countries. First, we clarify the concepts of transnational law, transnational legal process, and transnational legal order. Second, we provide a typology of five dimensions of state change that we can assess empirically. Third, we explain the factors that determine the variable effects of transnational legal processes and organize these factors into three clusters. Fourth, we introduce four empirical studies of transnational legal processes' differential effects in five regulatory areas in Asia, Africa, and South America that illustrate these points. Together, they provide a guide of how to study the interaction of transnational and national legal processes, and the extent and limits of transnational legal processes' effects.     

行政法官在发展社会政策中的作用

<正>行政法官有一种严重的、在一定意义上属于低人一等的情结。①相比于"真正的"法官,他们对自身的地位过度敏感。然而他们在社会中的作用却使其他法官黯然失色。尽管他们的价值常常受到成本—效益(cost effectiveness)的衡量,但最重要贡献却在于社会政策的发展方面。②鉴于行政国家的发展,他们已成为政策发展的关键角色。正如伟大智者詹姆斯·兰迪斯(James Landis)所言:"对行     

Save the kids: The need for regulation of cryptocurrency to protect adolescents from fraud

Cryptocurrency has become the new hot investment for young investors. Everyone wants to get in on the next cryptocurrency bubble, and there are those that want to exploit this excitement and exploit children. Influencers who have young audiences are pushing cryptocurrency investments onto their audiences and not fully educating them on the risks. To avoid this exploitation, The Securities and Exchange Commission should actively regulate decentralized exchanges where children purchase cryptocurrency, put age limit regulations into place, and require know your customer systems to verify that minors are not purchasing cryptocurrency without the consent of a guardian.