Yours,Mine, or Everyone’s Property? China’s Property Law in 2007

China’s passage of the Real Property Rights Law in 2007 undoubtedly marked a milestone of its economic transition to market economy. It delineates the boundary of property belongings and the authority of disposition by including or excluding specific individual and groups of individuals. The purpose of this paper is to trace the debate, deliberation, and decision of the law-making process to show the process of bargaining and compromise of various political interests in China’s complex and difficult economic transition.     

Validating the components of a taxonomic system for rapists: a path analytic approach

This study was part of a series designed to validate a classification system for rapists developed at the Massachusetts Treatment Center. This system (MTC:R2) determines subtypes according to three major dimensions: the meaning of the aggression in the rapist's offenses (expressive versus instrumental), the meaning of the sexual behavior (compensatory, exploitative, displaced anger, or sadistic), and the degree of general lifestyle impulsivity (low or high). A total of 201 rapists were subtyped using this system. A path analytic approach was used to relate family, juvenile, and adult histories to the main decisions of subtype assignment. The classification of an offender on each of the three dimensions was informed by a developmental perspective. Results provided support for the use of the discriminators used and highlighted the deficiencies in our current knowledge regarding developmental precursors. These results were integrated with the findings from other studies using MTC:R2 and suggestions for revisions to the current classification system were discussed.     

Voter preferences,simple electoral games,and equilibria in two-candidate contests

The fundamental assumption of spatial models of party competition is that voters possess cardinal utility functions defined on all combinations of issue positions which candidates may adopt. Furthermore, spatial theorists usually assume that utility functions have a shape common to all voters and that voters' most preferred positions are distributed in some regular manner. Employing these and attendant assumptions, the spatial theorist seeks to ascertain what deductions can be made about candidate strategies, i.e., the positions which vote or plurality-maximizing candidates should adopt in an election. It has been found that, in many situations, convergence to an opponent's positions and/or adoption of the median/mean of the most preferred positions of all voters is an important candidate strategy. In this context, two main problems have arisen: (1) difficulties of empirical or statistical analysis; (2) the abovementioned candidate strategy is generally not applicable to elections in so-called ‘plural’ societies. One path out of this latter problem has been formulated by Rabushka and Shepsle (1972). This article explores another potential solution by addressing the following question: If voters arenot characterized by cardinal utility functions, but some other type, what are the consequences for candidate strategies? The alternate assumption employed is that voters are characterized bylexicographic utility functions. The consequences for candidate strategies of this assumption are then determined for two plurality-maximizing candidates in some one- and two-dimensional, three-, five-, and seven-voter electoral games.     

Morphometrics of the hyoid bone for human sex determination from digital photographs

The identification of unknown remains is very important. When unknown remains are found, anthropologists first determine their sex and age. The sex of most skeletons is determined by their shape. In the hyoid bone, the shape is sex related, so it can be used forensically to determine the sex. This study focused on sex-based morphometry of the hyoid bone in Koreans using digital photographs. Hyoid bones from 52 males and 33 females were examined. For each subject, we took 34 measurements from photographs using a computer program, and the data were analyzed statistically using SPSS 11.0. Twenty-one of 34 measurements had significant sex differences (p<0.05). The discriminant functions based on three measurements (X(1)-X(3)) were as follows: The accuracy of discriminant functions is 88.2% in both groups, so these can be used to distinguish males from females in a statistically significant manner.     

Adults’ Judgments of Children's Coached Reports

This study investigated adults’ judgments of the honesty of children's coached true and fabricated mock testimony. Adults saw video clips of children testifying in a mock court about a true or fabricated event in their lives. They were asked to make an assessment of the truthfulness of the testimony, and respond to questions about their perception of children's credibility. Half of the adults saw children testifying after a competence examination, and the other half saw children testifying without a competence examination. Overall, girls were rated as more competent than boys, and their testimony was more likely to be believed. Younger children were more likely to be rated as incompetent than older children. A factor analysis of adults’ responses revealed six factors which significantly predicted adults’ overall assessment of children's credibility, and their evaluations of children's competence to testify. Adults’ detection accuracy was at chance, with the majority of children rated as truthful. Viewing the competency examination and cross-examination did not improve the adults’ detection accuracy. However, seeing the cross-examination made adults’ less likely to believe children's testimony. The implications of these results for the judicial system are discussed.     

Statutory interpretation and the counterfactual test for legislative intention

In this paper I examine the counterfactual test for legislative intention as used in Riggs v. Palmer. The distinction between the speaker's meaning approach and the constructive interpretation approach to statutory interpretation, as made by Dworkin in Law's Empire, is explained. I argue that Dworkin underestimates the potential of the counterfactual test in making the speaker's meaning approach more plausible. I also argue that Dworkin's reasons for rejecting the counterfactual test, as proposed in Law's Empire, are either too weak or unsound. A deeper reason for rejecting the counterfactual test as a method for the speaker's meaning approach is proposed in this paper. The difference between the counterfactual test and other tests for legislative intention which seem also to make use of counterfactual conditions in explained.