This article analyzes the constitutional role of the High Courtof Australia during its first hundred years and the effect ofthat role on the Australian federation. The High Court has acceptedas axiomatic that part of its function is the judicial reviewof legislation of both the federal and state legislatures. Itsapproach is relatively modest and "textualist." That approachhas been affected by historical changes, including Australia'sindependence from Great Britain. The decisions of the High Courthave provided a framework for the development of the Australianfederation over the last century in increasing the relativeimportance of the federal government at the cost of the stategovernments. However, those decisions are probably best viewedas reflecting, rather than creating, the changes and developmentsin the federation. 相似文献
This article addresses the question of what gets transmitted in cross‐national diffusion and why. It does so by analyzing the spread of rights‐based activism from Japanese to South Korean leprosy (Hansen's disease) survivors in the 2000s. Previous scholarship would predict extensive diffusion of mobilizing frames and tactics, especially since Korean lawyers learned an effective legal mobilization template while working with Japanese lawyers to win compensation for Korean leprosy survivors mistreated by Japanese colonial authorities before 1945. Yet the form of subsequent activism by Korean leprosy survivors for redress from the Korean government differed from the original Japanese model. This case suggests the need for scope conditions on theories about isomorphism and the agency of brokers. In particular, it draws attention to how the structure of a country's public sphere—and especially its legal profession, news media, and activist sector—affects the feasibility of imported innovations related to activism and legal mobilization. 相似文献
Gas chromatography–mass spectrometry (GC–MS) data of ignitable liquids in the Ignitable Liquids Reference Collection (ILRC) database were processed to obtain 445 total ion spectra (TIS), that is, average mass spectra across the chromatographic profile. Hierarchical cluster analysis, an unsupervised learning technique, was applied to find features useful for classification of ignitable liquids. A combination of the correlation distance and average linkage was utilized for grouping ignitable liquids with similar chemical composition. This study evaluated whether hierarchical cluster analysis of the TIS would cluster together ignitable liquids of the same ASTM class assignment, as designated in the ILRC database. The ignitable liquids clustered based on their chemical composition, and the ignitable liquids within each cluster were predominantly from one ASTM E1618‐11 class. These results reinforce use of the TIS as a tool to aid in forensic fire debris analysis. 相似文献
Purpose: There is a lack of good-quality outcome evaluations of interventions for offenders whose crimes are alcohol-related. Randomized controlled trials (RCTs) are considered gold standard in treatment evaluations. Here, we report on a feasibility study for an RCT of an alcohol-related violence intervention, Control of Violence for Angry, Impulsive Drinkers (COVAID). Method: 115 adult male prisoners were randomly allocated to COVAID plus treatment as usual (TAU) or TAU only. Results: Most participants (84%) found COVAID useful. Reconviction data at six months were accessed for 109 (95%) participants. There were no differences between the two groups on violent reconvictions or all reconvictions at the six-month period, but at 17?months the COVAID group had 13% fewer people reconvicted for violence, and 20% fewer had reconvictions for any offence. Conclusion: The results indicate that an RCT is feasible and provides parameters for designing a full RCT. Differences in reconviction between groups favoured COVAID and were clinically important. 相似文献
We investigate cause lawyers’ roles in movements for the domestic adoption of international human rights norms. Social movements scholarship often assumes that lawyers will divert activism toward institutional tactics, while the sociolegal studies literature emphasizes that lawyers are active in diverse ways across venues. A paired comparison of antidiscrimination movements in South Korea and Japan reveals how critical junctures in regime history shape the tactical repertoires that cause lawyers bring to their interactions with movement actors, and thus also movement tactics. This research advances scholarship on professionals in social movements, cause lawyers as norm entrepreneurs, and legal mobilization in East Asia. 相似文献
Negligence reminds us that we often do and cause things unawares, occasionally with grave results. Given the lack of foresight and intention, some authors argue that people should not be judged culpable for negligence. This paper offers a contrasting view. It argues that gaining control (over our agency, over a risky world) is itself a fundamental responsibility, with both collective and individual elements. The paper underlines both sides, focussing on how they relate as we ascribe responsibility or culpability. Following the introduction, Section 2 (“Culpability and Control: The Negligence Sceptics”) argues that conscious awareness is neither necessary nor sufficient for control. Control is not a property of deliberate choice, so much as a practical achievement. Section 3 (“Non-negligence as a Shared Task”) stresses the collective aspects of non-negligence: creating knowledge about risks, structuring environments to guard against them, and developing standards of care. Failings in the collective task, rather than lack of individual control, mean it can often be unfair to pin culpability on a single individual. Section 4 (“Culpability for Negligence Revisited”) suggests that a basic duty of a responsible person is to acknowledge the ways in which we may do more or less than we mean to, often in ways that create risks. It then sketches an approach to culpability as part of a collective exercise: as we take responsibility for standards of care, and for our own and others’ agency.