Review essay / regulating death

Carlos F. Gomez, Regulating Death New Yorrk: Free Press, 1991, xx +172 pp.     

The Race to Punish in American Schools: Class and Race Predictors of Punitive School-Crime Control

Despite the general agreement that US schools have become increasingly punitive since the 1980s, researchers are uncertain about what types of schools use tough-on-crime measures. Some assert that punitive control is concentrated in poor, predominantly ethnic minority schools. Governing-through-crime scholars argue that US schools with mostly middle-class and white students are also punitive, but in less harsh ways using soft surveillance techniques. Relying on data from large, stratified samples of middle and secondary US public schools, we found that high rates of ethnic minority enrollment predicted heavy reliance on law enforcement and security personnel. As rates of student poverty increased, use of soft surveillance techniques as well as reporting students to the police significantly increased. Implications for governing-through-crime, racial control, and reproduction of inequalities theories are discussed.     

Juvenile Shackling Reform: The Judicial Role in Ensuring Trauma‐Informed Courts and Why States Are Rethinking Restraints

In juvenile courts around the country, youth are routinely shackled, without any evidence that these young people are a danger to anyone or likely to attempt flight. A number of states are moving away from this practice. Shackling reform initiatives are motivated by constitutional issues, emerging science around adolescent development, and a growing recognition of the need for trauma‐informed, evidence‐based courts. Judges are ultimately responsible for safeguarding the rights of the young people who appear in court, and must uphold the dignity of the courtroom. A review of jurisdictions that have adopted limits on juvenile shackling shows that these policies have not resulted in breaches of safety.     

案外人异议之诉研究

2007年修改的民事诉讼法通过赋予案外人以提起诉讼的方式对执行行为可能侵犯其实体权益的情形予以救济,确立了案外人异议之诉的独立性,恢复了案外人异议的实体性本质。为了实现案外人异议之诉的价值,有必要在当事人、诉讼请求、管辖法院等诉讼构造以及当事人诉权的限制上实行与一般民事诉讼不相一致的独特制度。     

American state governments as models for national science policy

In the 1980s state governments adopted an entrepreneurial stance and established an extensive array of programs targeted at encouraging university industry research collaboration, the commercial development of new technologies, the start-up of new firms, and the technological modernization of existing firms. Although these state programs are frequently presented as laboratories of democracy, their relevance to national science and technology policy is open to question. State R&D strategies reflect contrasting theories about the linkages among academic research, technological innovation, economic growth, and administrative practices. Evaluations of state technology programs have essentially remained fixed at dead center, as unproven undertakings. State experiences have not been couched in analytical frameworks conducive to assessments of national science and technology policies.