英国的调解制度--近期发展

本文分析了英国近来的一些案例,介绍了英国在采取非诉方法解决争议方面的最新发展,强调了法院在一些案件中的态度.     

‘Bilingual’ education and discontent in Xinjiang

Efforts to promote and impose Mandarin Chinese as the language of instruction in ethnic minority schools in the Xinjiang Uyghur Autonomous Region, aimed at further integrating the state and raising regional educational and economic quality, have had mixed success. The 2004 plan to consolidate Han Chinese and minority elementary and middle schools and to make Mandarin the universal language of instruction in those schools is fostering an immersive second-language environment without prior preparation for students, bringing native speakers of Mandarin into unfair competition with non-native speakers. The increased focus on Mandarin has already had grave consequences for ethnic relations, especially in urban Uyghur schools, where the project is focused, while the mandate for change in educational curriculum and methodology has also been poorly planned and remains under-resourced, negatively impacting educational quality. The Chinese government has available to it other language policy solutions that are both more workable and friendlier to minority sensibilities.     

Boubou

He was only a little monkey, a very little one the first timeI saw him, not more than 9 inches tall; and when he died 3 yearslater, fully grown, he did not measure more than a foot anda half.     

The judicial role in life-sustaining medical treatment decisions.

Although there has been speculation regarding the pervasiveness and nature of judicial decisions regarding life-sustaining medical treatment (LSMT), no attempt has been made to empirically assess their prevalence or the issues they address. An exploratory study utilizing a mail survey of a nationwide random sample (N = 905) of state trial court judges was conducted to provide initial information regarding this decision-making process. Twenty-two percent of the responding judges had heard at least one LSMT case, and judicial review did not appear endemic to particular states. The number of judges hearing LSMT cases dropped from 1975 to 1981 but has increased since then. Three major issues predominate: patient competency, appointment of a surrogate decisionmaker, and resolution of the ultimate issue of forgoing LSMT. Relatively few cases either contested a prior directive's validity or involved imposing sanctions for instituting or forgoing LSMT. Although subject to different interpretations, the results suggest the courts are having a significant impact on certain aspects of the LSMT decision-making process. However, the infrequency with which any one judge is called upon to make an LSMT decision causes concern about the judiciary's ability to respond in a timely and appropriate manner. With their potential for a profound effect on the actions of health care providers, greater attention to this decision-making process is warranted.     

A note on the status of discretion in police research

“Discretion” holds an unrivaled position at the core of the notional inventory employed in the study of criminal justice generally and policing particularly. Efforts to systematically define the term have been irregular and its status in the empirical literature is an ambiguous one. While spoken of as a quantitative aspect of the policing which influences behavior, measurement is rarely addressed. After sketching problems in present formulations, discretion is recast in terms of perceived job autonomy and an outline of two general constructs is contributed in hopes of renewing consideration of the potential relevance of the concept for police theory and research.