美国语境中的“法律人思维”

"像法律人一样思维"的论题不仅涉及到法律思维的种种基本问题,也与法律教育教学的内容和方法直接相关。但是,对它的理解却众说纷纭。法律人思维不是一种独立的思维类型,而是在特殊目的(权利与义务的确定)、制度化程序(程序规则)约束之下,于对抗性对话框架中(说服性对话)构建、分析、批判法律论证的思考活动。其基本特征是,针对一个法律主张,构建和表达合情理的论证,以获得一个合乎自己预期的法律裁决;它的核心是发现、分析和评价理由。     

Joint match probabilities for Y chromosomal and autosomal markers

Empirical tests of association between Y chromosome and autosomal markers are presented and a theoretical framework for determining a joint match probability is recommended. Statistical analyses of association were performed in 16 US populations between the autosomal genotypes from loci CSF1PO, FGA, THO1, TPOX, vWA, D3S1358, D5S818, D7S820, D8S1179, D13S317, D16S539, D18S512, D21S11 and Y chromosome haplotypes from loci DYS19, DYS385ab, DYS389I, DYS389II, DYS390, DYS391, DYS392, DYS393, DYS438, and DYS439. The sample populations include individuals of European-, African-, Hispanic-, Native-, and Asian-American ancestry. The results are consistent with independence of Y and autosomal markers, although small amounts of dependence would likely have escaped our tests. Given the data in hand, we suggest it is appropriate to compute joint match probabilities by multiplying the Y haplotype frequency with the appropriately corrected autosomal frequency. In addition to correcting for autosomal frequency differences between groups, a further correction may be required. Since two individuals sharing the same Y haplotype are likely to be more recently related than two randomly chosen individuals, the autosomal frequencies have to be adjusted to account for this, akin to the theta correction used to account for population substructure. The structure imposed on the autosomal frequencies conditioned in a Y match is a function of the number of markers scored and their mutation rate. However, in most settings theta<0.01. When population structure is already present in the autosomes, the additional effect due to conditioning on the Y is small. For example, if the amount of structure in the population is theta=0.01 or 0.03 (the NRCII range), then the effect of conditioning on the Y results in only a trivial increase in theta to 0.02-0.04, respectively.     

Stability of the Federal System in Nigeria: Elite Attitudes at the Constituent Assembly Toward the Creation of New States

The Constituent Assembly which approved the constitution forNigeria's Second Republic (1979–1983) decided that nonew states should be created at that time and adopted proceduresmaking state creation in the future virtually impossible. TheAssembly's action implied that elite consensus had been achievedon the existing territorial configuration of the federation.Yet events during the Second Republic seemed to belie such aninterpretation. To resolve the contradiction a content analysisof the Constituent Assembly debates was undertaken. It showedwidespread dissatisfaction with the existing nineteen-statestructure. The study concludes that the Constituent Assembly'sdecisions on state creation did not reflect an elite consensus.Instead, the period of relative stability in federal territorialconfiguration, which elsewhere seems to follow early years ofinstability, had not yet been reached in Nigeria.     

The Forward Specialization Coefficient: Distributional Properties and Subgroup Differences

For both public policy and theoretical reasons, criminologists have been interested in the degree to which criminal offenders specialize in particular crimes. Traditionally, offense specialization has been measured with the forward specialization coefficient (FSC). Recently, the FSC has been criticized for being interpretationally obtuse and having no known sampling distribution. In this paper we examine both the interpretational and the statistical properties of the FSC. We conclude that (1) it has an intuitive interpretation that is no less useful than either a standard correlation coefficient or its competitors, (2) its sampling distribution is approximately normal, and (3) the conventional formula for the estimated standard error of the FSC may underestimate the true standard error in some circumstances. With these results behind us, we propose and illustrate both a parametric statistical test for the difference between two independent FSCs and two nonparametric alternatives.     

INTRODUCTION: WATER RESOURCES AND PUBLIC POLICY

Research in water resource policy historically has reflected more general trends in public policy analysis. This symposium focuses more narrowly upon a sample of some contemporary issues.     

Common problems and coping strategies reported in childhood and early adolescence

This research investigated problems commonly experienced by children and young adolescents, and the strategies they use to cope with these events. Six hundred seventy-six children, ages 9–13 years, were asked to identify a problem they recently experienced and to describe the strategies they used to cope with it. In addition, they were also asked to complete a scale describing how they coped with a common problem (being grounded by parents). In general, we found that children reported four common Stressors: parents, siblings, school, and friends. These Stressors were the same across age and sex; however, the coping strategies employed differed by age and type of problem. Both age and sex effects were found in reported use of coping strategies to deal with being grounded by parents. The results of this study suggest that more research must be performed to offset the lack of data in the area of children's normative coping. The implications of the findings for clinical assessment and treatment of children are discussed.He has a Ph.D. in clinical psychology from Virginia Commonwealth University. Current research interests include coping strategies used by healthy and chronically ill children, and attempted suicide in adolescence.She has a Ph.D. in clinical psychology from West Virginia University. Her current research interests include coping in chronically ill children and feeding difficulties in children with cystic fibrosis.She received her Ph.D. in clinical psychology from Louisiana State University. Her current research interests include pediatric psychology and childhood anxiety disorders.His current research interests include behavioral consultation in industrial settings.