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151.
In the last 15 years, the US Supreme Court has implemented major changes concerning the admittance of expert testimony. In 1993, Daubert v. Merrell Dow Pharmaceuticals superseded the Frye ruling in federal courts and established judges, not the scientific community, as the gatekeepers regarding the credibility of scientific evidence. In 1999, a lesser-known but equally important decision, Kumho Tire v. Carmichael, ruled that technical expert testimony needed to employ the same rigor as outlined in Daubert, but experts can develop theories based on observations and apply such theories to the case before the court. Anthropology has never been defined as a hard science. Yet, many recent publications have modified existing techniques to meet the Daubert criteria, while none have discussed the significance of Kumho to anthropological testimony. This paper examines the impact of Daubert and Kumho on forensic anthropology and illustrates areas of anthropological testimony best admitted under Kumho's guidance. 相似文献
152.
Debra Dailey 《Law & policy》1998,20(3):311-332
Minnesota's sentencing reform took place many years ago but its evolution continues. It is not possible for any sentencing system to remain static in the highly political and emotionally charged arena of crime. Goals and principles that were considered firmly established when the Sentencing Guidelines first went into effect have been reordered and expanded, practitioners have cut through the hard edges of the policies and softened their impact, and specific sentencing policies have moved in the direction of harsher penalties for violent and career criminals and drug dealers. While political and practical forces continue to evolve the sentencing guidelines policy, it is the structure itself that provides the essential rational framework for decision making. This article examines some of the forces of change in Minnesota and illustrates how the structure of sentencing guidelines, nevertheless, has managed to retain a rational sentencing policy. 相似文献
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154.
This study examines the influence of the organizational strategy used to structure opening statements and closing arguments on presentation effectiveness in a simulated civil trial. Two organizational structures, a narrative and a legal-expository format, were manipulated to produce a 2 (plaintiff organizational strategy) × 3 (defense organizational strategy) experimental design. Results indicate that a mixed organizational strategy (narrative opening/legal-expository closing) is more effective for the plaintiff than a strict narrative strategy, and either a mixed or strict legal-expository organizational strategy is more effective than a strict narrative strategy for the defense. 相似文献
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157.
This study evaluated the frequency of coarrest in female victims who utilized 911 for intimate partner violence (IPV) and any patterns or circumstances that increased the likelihood of coarrest. All cases of police-documented IPV where a female IPV victim was arrested in conjunction with the perpetrator were included. Each incident report was reviewed to determine demographic characteristics of the victim, weapon and substance involvement, presence of children, and violence severity. Of IPV victims, 9% (131 of 1,489) were arrested. Having a weapon, alcohol use, not being married, and older age were associated with increased likelihood of arrest (p < .001). The presence of a child decreased the likelihood of victim arrest (p < .001). Race, prior incidents of IPV, offender restraining order, and incident severity were not significantly associated with coarrest. Although coarrest occurred in a minority of cases, it may deter victims from contacting police for future incidents of police. 相似文献
158.
The study was a cross-sectional examination of African American women positive for intimate partner violence (IPV) who presented to the medical or psychiatric emergency department (ED) for treatment. African American women with a recent history of IPV who presented following an attempted suicide (n = 100) were compared to demographically comparable African American women who were IPV positive who had not attempted suicide and presented for treatment of another condition(n= 100). Women completed face-to-face interviews on several measures, including demographics and the Beck Depression Inventory-II (BDI-II). Overall, there were no demographic differences between cases and controls. Attempters reported statistically significant higher scores on all 21 BDI-II items than did nonattempters. Four BDI-II items had effect size values in the medium range: sadness, self-dislike, suicidal thoughts, and feelings of worthlessness. These four items can be used as a brief screen in the ED to detect female patients positive for IPV at increased risk for suicidal behavior. 相似文献
159.
Trish?WilliamsEmail author Jennifer?Connolly Debra?Pepler Wendy?Craig 《Journal of youth and adolescence》2005,34(5):471-482
The present study examined the link between sexual orientation and adjustment in a community sample of 97 sexual minority
(gay male, lesbian, bisexual, and questioning) high school students, taking into account their experiences of peer victimization
and social support within peer and family contexts. Adolescents were identified in a large-scale survey study conducted at
5 high schools. They were matched to a comparison sample of their heterosexual peers. Sexual minority adolescents reported
more externalizing behaviors and depression symptoms than heterosexual youth. Compared to their heterosexual peers, sexual
minority youth reported more sexual harassment, more bullying, less closeness with their mothers, and less companionship with
their best friends. There were no significant differences between gay male, lesbian, bisexual, and questioning adolescents.
Overall, both victimization and social support mediated the link between sexual orientation and psychosocial symptoms. Among
sexual minority youth, the link between social support and externalizing was mediated by experiences of peer victimization.
These findings highlight the contextual risk and protective factors associated with non-heterosexual sexual orientation in
accounting for the emotional and behavioral problems in this population.
Ms. Williams completed her M.A. in Clinical-Developmental Psychology at York University in Toronto, Ontario. She is currently
working on her Ph.D. Her research interests include adolescent sexual orientation, adolescent romantic relationships, and
dating violence.
Dr. Connolly is a Professor of Psychology at York University. She received her Ph.D. from Concordia University and is a Registered
Psychologist in the Province of Ontario. Her current research examines adolescent romantic relationships and the peer context.
Dr. Pepler is a Professor of Psychology at York University and Psychologist at the Hospital for Sick Children in Toronto.
She received her Ph.D. from the University of Waterloo and is a Registered Psychologist in the Province of Ontario. Her current
research examines aggression and victimization among adolescents with a concern to the processes related to these problems
over the lifespan.
Dr. Craig is a Professor of Psychology at Queen's University. She received her Ph.D. from York University and is a Registered
Psychologist in the Province of Ontario. Her current research examines bullying, victimization, aggression, juvenile delinquency,
peer relations, and the development of intervention programs. 相似文献
160.
Conclusion We have made great strides in recent years teaching more people — in classrooms, corporate training sessions, and actual negotiations — about negotiations, including how to be more ethical and how to ensure that integrative joint gains are not left on the table. The fact that we even need to write an article like this is an indication of the advances that have been made.Yet exactly because of these advances, more care needs to be taken to ensure that the subtle distinction between what is ethical and what is integrative is maintained. Being ethical in negotiations is more complicated than producing greater joint utility, and the techniques that are helpful for producing greater joint utility should not be made more complicated by the addition of ethical concerns. Each issue — ethics and mutual gains bargaining — can stand on its own, and benefits by being considered on its own. By maintaining this distinction, we believe each will have greater clarity and greater impact, and our teaching and training will be both better received and more valuable to those we teach. 相似文献