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471.
Ryan W. French 《圆桌》2019,108(2):121-144
ABSTRACT

India and Pakistan have tempered their rivalry over the years by negotiating many bilateral confidence-building measures (CBMs), but the current patchwork of agreements cannot prevent an act of cross-border terrorism from triggering a major militarised crisis. To help mitigate this shortfall, this article advocates a new conceptual approach towards confidence building that identifies two categories of agreements – negative and positive. Negative CBMs oblige inaction; they can be defined as promises to eschew provocative behaviour, so as to prevent miscalculation and accidental war. Most prominent Indo-Pakistani CBMs fall under this category – examples include agreements on non-attack of nuclear facilities and non-violation of airspace. Positive CBMs, by contrast, oblige action; they entail tangible engagement and cooperation in the military, diplomatic, or economic domains. Examples might include counter-piracy cooperation and the expansion of people-to-people contacts. This article argues that positive CBMs invite reciprocity and are a plausible tool for promoting bilateral goodwill, reducing mistrust, and insulating Indo-Pakistani relations from shocks.  相似文献   
472.
473.
Numerous studies have focused on determining whether objective statistical methods can be used to discriminate between known matches and nonmatches when comparing laboratory prepared toolmarks. This study involved an analysis of striated toolmarks made as a function of varying vertical and horizontal angles of attack. Comparisons based on experimental data show that replicate toolmarks from the same tool show high correlation values at identical vertical and horizontal angles, with the correlation decreasing as the angular difference increases, especially for horizontal angular changes. Comparisons between nonmatching samples produce low correlation values that remain unchanged as horizontal angular differences increase. While complete statistical separation was not achieved between matching and nonmatching samples, there is evidence demonstrating that toolmarks can be identified if the variation in horizontal angle is within 10°. The experiment shows that computer‐aided comparison techniques could be viable for identification with the proper statistical algorithm.  相似文献   
474.
This article describes and critically evaluates a collaborative dispute resolution activity conducted in a mid-degree law subject at an Australian university. Australian law degrees are required to be vocational. Teaching problem-solving to law students is an effective way to impart key professional skills. However, it requires planning and preparation. It is therefore important to reflect on whether the aims of the activity have been achieved. In particular, three ideas about what constitutes good teaching are explored. The first is that good teachers do not simply deliver content – they give their students problems to solve. The second is the expectation employers have that law graduates will readily collaborate with their colleagues. Finally, giving students an opportunity to reflect on what they have learned will enable students to transfer what they have understood and articulated to legal practice. By delineating each of these three teaching aims, it is possible to assess the value and effectiveness of the problem-solving activity. This paper also reflects on the positive impact that is achieved when authentic and ethical legal processes are embedded into student-centred learning.  相似文献   
475.
Abstract: Using Blood Oxygen Level Dependent (BOLD) functional MRI (fMRI) to detect deception is feasible in simple laboratory paradigms. A mock sabotage scenario was used to test whether this technology would also be effective in a scenario closer to a real‐world situation. Healthy, nonmedicated adults were recruited from the community, screened, and randomized to either a Mock‐crime group or a No‐crime group. The Mock‐crime group damaged and stole compact discs (CDs), which contained incriminating video footage, while the No‐crime group did not perform a task. The Mock‐crime group also picked up an envelope from a researcher, while the No‐crime group did not perform this task. Both groups were instructed to report that they picked up an envelope, but did not sabotage any video evidence. Participants later went to the imaging center and were scanned while being asked questions regarding the mock crime. Participants also performed a simple laboratory based fMRI deception testing (Ring‐Watch testing). The Ring‐Watch testing consisted of “stealing” either a watch or a ring. The participants were instructed to report that they stole neither object. We correctly identified deception during the Ring‐Watch testing in 25 of 36 participants (Validated Group). In this Validated Group for whom a determination was made, computer‐based scoring correctly identified nine of nine Mock‐crime participants (100% sensitivity) and five of 15 No‐crime participants (33% specificity). BOLD fMRI presently can be used to detect deception concerning past events with high sensitivity, but low specificity.  相似文献   
476.
Within migration studies there has been a tendency to focus on a single case study of a particular national group. Adopting a comparative approach may raise new and interesting questions or challenge conventional thinking on migration. While on the surface, at least, Irish and Polish migrants would appear to have many commonalities, there has been surprisingly little comparative analysis of these two groups. Drawing on my own research on these migrants in the British context, I focus on women as a large but under-researched aspect of both groups. This paper suggests ways in which such a comparison could be undertaken by using social networks as a useful comparative tool. A social networks perspective not only allows a probing analysis of migration strategies, but also provides a framework within which to compare across different migrant groups, such as for example, examining the role of family networks (here and there) in migration processes. In addition, this approach enables an examination of dynamism over time and how migrants develop relationships within spatially dispersed as well as locally embedded ties.  相似文献   
477.
Seven neuropsychology journals that publish on topics relevant to clinical neuropsychology were examined for their experimental rigor according to the standards of the American Academy of Neurology (AAN) in their Clinical Practice Guidelines. By using a keyword approach on topics relevant to forensic neuropsychology, all articles that reported empirical findings from 2003 through 2008 were identified. Each study was rated by AAN classification criteria that ranged from a level I classification (prospective, most rigorous, and independent) to level IV (least rigorous). The typical forensic neuropsychological study averaged a class III ranking. Few studies were based on large sample sizes or utilized a reported masking or blind technique with regards to subject selection and how diagnostic criteria were met and/or data analyzed. While the authors for the average study reported a university affiliation, few reported explicit Institutional Review Board statements. Considerable variability across these seven journals with regards to conflict of interest (COI) disclosure policies was observed and only a few studies reported explicit statements about funding or COI issues. These observations suggest that neuropsychological research on forensic topics currently has many limitations and that future research needs to address these issues.  相似文献   
478.
Ryan D. King 《犯罪学》2019,57(1):157-180
Why has the probability of going to prison after a felony conviction increased since the early 1980s? Social scientists often try to answer this question through macro‐level research that is aimed at examining correlations between prison admissions and crime rates or sociopolitical characteristics of states. That type of macro‐level inquiry, however, does not allow for a close examination of how characteristics of offenders changed over time, and whether such changes are consequential for understanding trends in the use of imprisonment. In the current study, I take a different approach—one in which case‐level data are observed over a lengthy time span—to investigate why the likelihood of going to prison for a given crime persistently increased for several decades. The results of analyses of more than 350,000 felony cases sentenced in Minnesota during a 33‐year period show that the probability of a defendant receiving a prison sentence increased from 1981 to 2013, as would be expected. The primary reason for the rising probability of imprisonment was the significant increase in the average offender's criminal record, which more than doubled during the observation period.  相似文献   
479.
The ‘commons’ is not mentioned in the texts of the European Convention on Human Rights (ECHR) or Article 1 of Protocol No. 1 (P‐1). This essay argues that ‘possessions’ — which does appear in the latter — should be interpreted by the European Court of Human Rights (ECtHR) to protect commons against national governments' undue interferences. The argument comprises two parts. First, we analyse the polysemic term ‘possessions’ to show how the current understanding of this category is marred by flawed assumptions and by false dichotomies. Then, we propose an ‘ecological’ construction of legal relationships between subjects and objects. We find support in the ECtHR case law on Article 8. We argue this approach should be extended to Article 1 P‐1: once disentangled from possessive individualism and market paradigms, ‘possessions’ encompass the commons and the category offers a solid legal basis toward the justiciability in Strasbourg of privatisations.  相似文献   
480.
The transition from 2D imaging to 3D scanning in the discipline of firearms and toolmark analysis is likely to provide examiners an unprecedented view of microscopic surface topography. The digital examination of measured 3D surface topographies has been referred to as virtual microscopy (VM). The approach offers several potential advantages over traditional comparison microscopy. Like any new analytic method, VM must be validated prior to its use in a crime laboratory. This paper describes one of the first validation studies of virtual microscopy. Fifty‐six participants at fifteen laboratories used virtual microscopic tools to complete two proficiency‐style tests for cartridge case identification. All participating trained examiners correctly reported 100% of the identifications (known matches) while reporting no false positives. The VM tools also allowed examiners to annotate compared surfaces. These annotations provide insight into the types of marked utilized in comparative analysis. Overall, the results of the study demonstrate that trained examiners can successfully use virtual microscopy to conduct firearms toolmark examination and support the use of the technology in the crime laboratory.  相似文献   
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