澳大利亚《信息技术证据管理指引》述评

在实行诉讼对抗制的国家，人们可以通过以下三种方法使信息技术证据成为保护企业利益的一种工具：(1)起诉，包括刑事诉讼；(2)法庭辩护；(3)为规则制定者和企业作出重要决策提供依据。然而，对于什么样的信息技术证据具有可采信性，人们仍有质疑。计算机法学正是研究如何确定、保存、分析及如何提交数字证据的一门新兴的学科。尽管传统上计算机法学被认为是一门滞后的学科，但是澳大利亚《信息技术证据管理指引》还是前瞻性地规定了能使电子证据效力最大化的系统生存周期的一些重要原则。     

Sexual identity,citizenship and medical power of attorney: case illustrations from Northern Ontario,Canada1

Current analyses of sexual identity and citizenship offer complexity to debates about what it means to be a citizen in liberal democratic societies. However, thus far there is limited inclusion of ethnographic, narrative‐based research that addresses how lesbians and gay men experience and negotiate citizenship in their everyday lives. In this paper, I argue that attitudes about medical power of attorney are a lens through which we can examine how lesbians negotiate and experience citizenship in their daily lives and in medical settings. My analysis demonstrates how normative citizenship structures are experienced, reinforced and challenged by four lesbians living in a community in Ontario's Near North region, Canada. In providing case illustrations, I argue that the inclusion of lived experiences strengthens and deepens textual, historical and political analyses of citizenship.     

Bonding in a High-Risk and a General Sample of Children:Comparison of Measures of Attachment and Their Relationship to Smoking and Drinking

Bonding in parent, peer, and school domains were compared in a general sample of children and a sample of children of methadone-treated parents. Bivariate comparisons revealed that children of methadone-treated parents had lower SES, and were significantly more likely to smoke cigarettes but not more likely to drink alcohol. Several measures of attachment were significantly different between the two samples across parent, peer, and school domains. Multivariate analyses indicated that the children of methadone-treated parents were more likely to smoke, even after accounting for the effects of demographic and attachment variables. For drinking, sample membership was not found to be significant. Attachment to school decreased the odds of both smoking and drinking in both samples. Peer attachment had no effect on the odds of smoking initiation; however,loyalty to best friend did predict increased odds of drinking initiation.     

Neither Seen Nor Heard: Children's Citizenship in Contemporary Democracies*

This article addresses the subject of children's citizenship in liberal democracies. While children may lack full capability to act in the capacity of citizens, the political status to which they have been relegated leaves much to be desired. Paternalist policies dictate that children be represented politically by their parents, leaving them as or more vulnerable and excluded from private life as women were under coverture. Lacking independent representation or a voice in politics, children and their interests often fail to be understood because the adults who do represent them conflate, or substitute, their own views for those of children. Compounding this damage is the tendency for democratic societies to view children not as an ever-present segment of the populace, but rather as future adults. This encourages disregard for children's interests. Until democratic societies establish a better-defined and comprehensive citizenship for children, along with methods for representation that are sensitive to the special political circumstances faced by children, young people will remain ill-governed and neglected by democratic politics.     

Understanding Local Service Delivery Arrangements: Are the ICMA ASD Data Reliable?

The authors utilize the two latest ICMA Profile of Local Government Service Delivery Choices surveys to investigate whether the service provision and delivery arrangement information reported in the surveys accurately represents reality and, if not, what factors contribute to generating incorrect or unreliable survey responses. Interviews with practitioners are used to better understand both the accuracy of the survey responses and improvements that could be made to the survey instrument. Results suggest that the ICMA ASD survey data are highly erratic, with more than 70 percent of the cases (N = 70) investigated containing some inaccuracies. A qualitative analysis shows that the majority of the errors appear to be caused by the lack of a clear definition of service provision or by the service titles being too vague or too broad, both of which likely lead to discretion in interpreting survey questions and thus inconsistent answers by individual respondents over time.