Public interest law revisited 1

This article undertakes a detailed examination of the practical desirability and legal validity of arbitration clauses under the Nigerian legal regime. This involves navigating through provisions of the relevant Rent Control and Recovery of Premises Law. Areas of incompatibility (including those bordering on jurisdiction, penal provisions and enforcement of awards) between the latter law and arbitration clauses are then discussed. Finally, recommendations are made to the effect that the Rent Control and Recovery of Premises Law should be amended.     

导入ISO9001:2000背景下地方政府绩效考核指标体系述评

地方政府在导入ISO质量管理体系的背景下,其绩效如何考核?国际标准化组织设计了一套完整的指标体系,包括"好政府的制度发展、经济的可持续发展、全面的社会发展和环境的可持续发展"等四个维度。本文对这套指标进行了介绍,并结合中国的具体情况进行了分析,目的在于为地方政府导入ISO质量管理体系进行理论上的指导。文章认为,导入这套指标体系符合我国建设和谐社会和落实科学发展观的要求,有利于促进政府职能转变,有利于解决当前我国的社会问题。因此,它在我国具有相当强的可适用性。     

中美政府人事管理价值的历史演进与比较分析

价值的进路是深入到政府人事管理内核的必由之路。美国政府人事管理价值的历史演进体现了政治回应、道德主义、效率、个人权利、专业的职业化、社会公平等价值,其发展趋势是维护传统理念、加强管理弹性和以结果为本。中国政府人事管理价值的历史演进体现了宗族主义、政治回应、道德主义、公平竞争、分权等价值,其发展趋势主要是法治主义、效率和分权。美国和中国在政府人事管理价值历史演进和发展趋势上呈现了许多共同点和差异。     

Correlation between saw blade width and kerf width

Most studies of saw marks have focused on morphological characteristics and their utility in identifying saws suspected to have been utilized in cases of criminal dismemberment. The present study examined the extent to which metric analysis may be used to correlate saw blade measurements with minimum kerf widths (MKWs). A sample of 56 partially defleshed white‐tailed deer (Odocoileus virginianus) long bones was utilized as proxy for human remains. The long bones were cut using a variety of commercially available saws, including 11 manual‐powered and 5 mechanical‐powered saws. A total of 496 false start kerfs (FSKs) were created. Two experiments were performed, with the first test examining the MKWs of FSKs produced on specimens that were restrained using a bench vise, while the second test analyzed the MKWs of FSKs produced on minimally restrained specimens. Statistical analysis using Hierarchical Linear Modeling (HLM) indicated a positive relationship between saw blade width (mm) and MKW, with blade width (p < 0.001) and the overall difference between the mechanical‐ and manual‐powered saws (p = 0.029) tested, reaching statistical significance. A comparison of MKWs produced using manual‐powered saws on restrained and minimally restrained bones suggests that restraint condition (p = 0.009) has a statistically significant effect. In comparisons of MKWs to blade widths, the average ratio for mechanical‐powered saws is 18.7% greater than the average ratio for manual‐powered saws. While the mode of the ratios was 1.42, thus supporting the general rule that MKW does not exceed 1.5 times blade width, multiple individual ratios did surpass 1.5.     

Forensic determination of hair deposition time in crime scenes using electron paramagnetic resonance

Several types of biological samples, including hair strands, are found at crime scenes. Apart from the identification of the value and the contributor of the probative evidence, it is important to prove that the time of shedding of hair belonging to a suspect or victim matches the crime window. To this end, to estimate the ex vivo aging of hair, we evaluated time‐dependent changes in melanin‐derived free radicals in blond, brown, and black hairs by using electron paramagnetic resonance spectroscopy (EPR). Hair strands aged under controlled conditions (humidity 40%, temperature 20–22°C, indirect light, with 12/12 hour of light/darkness cycles) showed a time‐dependent decay of melanin‐derived radicals. The half‐life of eumelanin‐derived radicals in hair under our experimental settings was estimated at 22 ± 2 days whereas that of pheomelanin was about 2 days suggesting better stabilization of unpaired electrons by eumelanin. Taken together, this study provides a reference for future forensic studies on determination of degradation of shed hair in a crime scene by following eumelanin radicals by utilizing the non‐invasive, non‐destructive, and highly specific EPR technique.     

EU developments in IP,IT & telecommunications law

This is the latest edition of Baker & McKenzie's column on developments in EU law relating to IP, IT and telecommunications. This article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside web sites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.     

我国公务员道德建设现状调查

公务员应当是道德的先行者,其德行操守对整个社会的精神文明建设起到至关重要的作用。本调查分析了我国公务员道德建设的现状,并提出了相关建议。建议包括:创新道德知识开发方法,加大政府信息公开力度,将平衡记分卡引入道德评价体系等。     

‘Rivers of Blood’ and Britain's Far Right

This article examines the impact of Enoch Powell's speech on Britain's numerous right‐wing fringe groups and their response—in particular, that of the National Front, who benefitted the most from Powell's intervention on race and for a brief moment became Britain's fourth political party. It begins by looking at the growth of post‐World War II British fascism and how its emphasis switched from anti‐Semitism to anti‐colonial immigration. Throughout the piece, the relationship between Britain's far right and the Conservative party is examined to show how Powell inadvertently blurred the lines between the two. The article concludes with the 1979 general election victory of Margaret Thatcher who, by adopting Powellite themes but in more measured tones, destroyed the National Front's dream of an electoral breakthrough.     

An Examination of the Relationship Between Media Exposure and Fear of Victimization: Implications of the Superpredator Narrative on Juvenile Justice Policies

The media allow crime to infiltrate the public’s consciousness in every conceivable way, thereby playing a major role in shaping the public’s opinion and attitude toward crime and crime issues (Barak, 1995; Fields & Jerin, 1996; Kappeler & Potter, 2005). Reporters constantly talk about crime, and crime related stories dominate the headlines of local and national newspaper outlets (Dowler, 2003; Pizarro et al, 2007). Some of the most highly rated television programs are based on crime plots and people across social, political, and racial demographics are constantly engaged in crime dialogue generated from local or national news stories. When the focus of these mediums is on youth they become even more profound and contentious. The images portrayed conjure up stereotypes that lead to fear and inflammatory remarks that become entrenched into the national lexicon. The current study uses data from the National Opinion Survey of Crime and Justice to test the relationship between crime-related media viewership and fear of victimization within a nationally representative adult sample. Approximately 42.67% of respondents reported regularly watching crime shows and about the same proportion (42.83%) believed their local media paid too much attention to violent crime. In addition to regular crime-show viewership, confidence in the police, gender, and recent contact with the police were associated with fear of victimization. This article adds to an existing body of research through a largely unexplored area in the administration of justice. It does so within the context of the U.S. juvenile justice system.     

MI Implementation in Juvenile Justice: A Case Report

Motivational interviewing (MI) is a communication style focused on enhancing clients’ own motivation towards change. In the justice system MI has evidence to support that it enhances communication and change behaviors in youth. As most MI training is designed for healthcare settings training and implementation of MI must be adapted to fit the juvenile justice model. This includes both rehabilitation and restorative justice. Here we describe the details that allowed one county small county in Pennsylvania to roll out MI training and initial skills review in less than 6 months. The case reviews the details of planning, trainings, and timing of activities. We then discuss what elements of those details fit into a greater implementation plan that may be applied elsewhere. Four key elements were instrumental to implementation: 1) appreciation of JPO time constraints, 2) cost containment 3) using blending to enhance JPO flexibility with MI use, and 4) policies that normalize use of MI. This outline may assist other courts in their own implementation efforts.