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31.
Aaron Baker 《The Modern law review》2006,69(5):714-737
Article 14 of the European Convention on Human Rights, as applied by the UK judiciary under the Human Rights Act 1998, is in danger of becoming as 'parasitic' as it is often described. Judges have inappropriately narrowed the scope of the 'ambit' of other Convention articles, and thus limited the number of claims to which Article 14 can apply, by defining it according to considerations more properly weighed in a justification analysis incorporating proportionality. The emerging approach departs from Strasbourg jurisprudence, and fails to give full effect to the language and intent of Article 14. This trend need not continue. This article begins the process of fashioning a new conception of the ambit of Convention articles: one that could change the fortunes of Article 14 cases in the UK, but that flows naturally from the precedents of the European Court of Human Rights, and gives effect to the spirit of the HRA. 相似文献
32.
Drawing on prior theoretical and empirical work that has begun to constitute the insurance field as a distinct sociolegal research project, this study uses quantitative and qualitative data collected following Hurricane Andrew in 1992 to explore distributional questions within that field. Survey results show that higher income, age, and education were associated with having home insurance and that Hispanics and blacks were less likely than non-Hispanic whites to have insurance. The study provides the first quantitative evidence of bias in the insurance claims process by documenting a statistically significant and substantial ethnic difference in the timing of insurance payments. The qualitative research helps to explain the difference in the timing of insurance payments as the product of unconscious bias by insurance adjusters. The study concludes by proposing market-structuring regulation to reduce the inequality encountered. 相似文献
33.
Energy conservation is widely considered to be the most promising solution to the nation's energy problems. The dominant public policy in this field has been to encourage conservation by decontrolling energy prices and relying on consumers to respond to price increases in ways that best meet their individual needs. This policy so far has led to only small reductions in energy use within the home, and even these reductions are only partly attributable to conservation behavior. Among the many obstacles to residential conservation that have come to light, a major one is the difficulty of predicting what savings will result from any specific investment in home energy efficiency. Ten years of experience after the 1973 oil crisis raises doubts about the feasibility of residential conservation as a short-term energy strategy, and suggests that new policies are needed to improve the operation of the market for conservation investment. 相似文献
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Robert Cohen Laura Preiser Susan Gottlieb Robert Harris Jeri Baker Neil Sonenklar 《Law and human behavior》1993,17(1):121-134
A review of the literature was conducted to assess the extent and nature of the practice of requiring parents to transfer custody in order to receive public funding for intensive services needed by their child/adolescent who had a serious emotional disorder. The review focused on the legal and policy basis of this practice as well as its social and psychological impact on child and family. We conclude that the practice of transfer of custody as a requirement for receiving financial aid occurs in a majority of states, though the actual extent of this practice is not known. The major factor influencing the use of transfer of custody appears to be the absence of an appropriate and adequate system of services for children and adolescents with serious emotional disorders. We recommend that the practice of requiring custody transfer for the sole purpose of receiving services be abolished and offer several suggestions for improving acess to services.Preparation of this article was supported in part by the National Institute of Mental Health (NIMH) under contract no. 89MF761903. The authors are grateful to John Burke and Kelly Kelleher of the Division of Biometry and Applied Sciences, NIMH for their assistance on this project. Laurie Flynn, Executive Director for the National Alliance for the Mentally Ill, was very helpful during the informative stage of the project. Barbara Friesen, Director of the Research and Training Center at Portland State University, gave us useful guidance throughout the project. We thank Stephen Hill, Consultant to the National Governors' Association, for his help. We are grateful to Amy Hewitt and Carol Ishler for their assistance in preparing this report. We also would like to acknowledge several individuals who assisted us with research reported in this article. We are grateful to Governor Richard F. Celeste of Ohio for his letter of support for the state survey of custody transfer practices. We appreciate the efforts on behalf of this survey by staff from the State of Ohio, particularly Jean Ellen Stevens, Administrative Assistant to the Director of the Department of Mental Health. Margraret McNally assisted in the compilation of data for both surveys. 相似文献
39.
The authors were confronted with developing a use-of-force/self-defense training program and were directly responsible for
the implementation of this new inservice program. The authors found through the research, that the psychological factors were
more important than the psychomotor self-defense tactics. 相似文献
40.
Fourier-transform infrared spectroscopy (FTIR), discriminate analysis, X-ray fluorescence spectrometry (XRF), and stereoscopic microscopy were used to separate black coral forensic evidence items from similarly appearing items manufactured from plastics, bovid keratin, and mangrove wood. In addition, novel observations were made of bromine and iodine relationships in black coral that have not been previously reported. 相似文献