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261.
Sionaidh Douglas‐Scott 《The Modern law review》2016,79(6):1019-1040
This article discusses the early stages of the Art 50 TEU process, and those aspects that relate most clearly to British constitutional law. Its overarching theme is that the Brexit process is rendered highly problematic by the lack of any coherent conception of the British Constitution. Different parties settle on interpretations of constitutional law that support their case, but often there is no determinative answer. Three broad issues are examined in order to substantiate this claim: the EU Referendum, the triggering of Article 50, and the Devolution aspect of Brexit. I argue that each of these issues reveals tensions and competing constitutional interpretations that suggest that the British Constitution is ill‐equipped to deal with Brexit. 相似文献
262.
Rachel Dioso‐Villa 《Law & policy》2016,38(1):54-80
Anecdotal evidence claims that in criminal cases, trial judges admit the prosecution's expert witnesses more readily than the defendants', and in civil cases the reverse is true; judges exclude plaintiffs' experts more often than civil defendants' experts. This occurs despite the fact that, with few exceptions, the same rules of admissibility apply to all parties and, in most jurisdictions, across criminal and civil cases. This article empirically tests this differential by reviewing judicial decisions to admit or exclude evidence holding the type of expert testimony constant, fire and arson evidence, across criminal and civil cases in the United States. The study examines the admissibility of fire and arson investigation experts in criminal and civil cases across all legal parties in fifty‐seven federal and state opinions in the United States. The findings offer empirical support of a bias in criminal cases and in civil cases which present expert witnesses at trial, and is less pronounced, but still evident, on appeal. Specifically, the role of the party that offers the evidence has a profound effect on whether arson evidence is admitted, even when factors around the judge's political affiliation, attorney experience, expert qualifications, and rules of evidence are taken into account. 相似文献
263.
Is It the What or the How? The Roles of High‐Policing Tactics and Procedural Justice in Predicting Perceptions of Hostile Treatment: The Case of Security Checks at Ben‐Gurion Airport,Israel 下载免费PDF全文
What affects perceptions of hostile treatment by police, characterized by feelings such as humiliation and intimidation? Is it what the police do to the citizen, or is it about how they do it? The important effects of procedural justice are well documented in the policing literature. Yet, it is not clear how high‐policing tactics, coupled with procedural justice, affect one's sense of hostile treatment: is it the case that what the police do does not matter as long as they follow the principles of procedural justice, or do some invasive or unpleasant tactics produce negative emotions regardless of the amount of procedural justice displayed by the officer? In the present study we examine this question in the context of security checks at Ben‐Gurion Airport, Israel. Using a survey of 1,970 passengers, we find that the behavioral elements of procedural justice are an important antidote, mitigating the negative effects of four “extra” screening measures on the perceived hostility of the checks. At the same time, two security measures retain an independent and significant effect. We discuss the implications of our findings and hypothesize about the characteristics of policing practices that are less sensitive to procedural justice. 相似文献
264.
The Application of Flow Cytometry as a Rapid and Sensitive Screening Method to Detect Contamination of Vitreous Humor Samples and Avoid Miscalculation of the Postmortem Interval 下载免费PDF全文
Cristina Cordeiro M.Sc. Rafael Seoane Ph.D. Ana Camba M.Sc. Elena Lendoiro M.Sc. María S. Rodríguez‐Calvo Ph.D. Duarte N. Vieira Ph.D. José I. Muñoz‐Barús Ph.D. 《Journal of forensic sciences》2015,60(5):1346-1349
Research into maximizing the speed, precision, and reliability of estimating the postmortem interval (PMI) has been a recurring object of investigation and methodologies based on the vitreous humor (VH) have provided good results. However, contamination from causes not readily apparent, such as blood, can occur, and thus lead not only to an erroneous estimation of PMI, but also interfere with the correct identification of other substances in the VH. We have developed a flow cytometry method which quantifies blood contamination and is able to detect erythrocytes in 1:750,000 dilution of contaminated VH which affects the results of hypoxanthine. It is an improvement on the previous more complex mass spectrometry method, being faster, more sensitive, and readily available. As such, it could be proposed for the rapid screening of appropriate samples by detecting and eliminating blood contaminated samples from PMI estimation. 相似文献
265.
Franziska Arnold‐Dwyer 《The Modern law review》2017,80(3):489-509
Over the last 11 years, the Law Commission and the Scottish Law Commission have worked on a joint project to modernise the law of insurance contracts. Due to the size of the project, the Law Commissions proceeded in phases and separated out specific issues for legislative reform. Their proposals have already resulted in the Consumer Insurance (Disclosure and Representations) Act 2012 and the Insurance Act 2015 which brought about significant changes for consumer and non‐consumer insureds and insurers alike. This paper examines two further areas of reform: the introduction of an implied term about payment of insurance claims by insurers within a reasonable time and a statutory restatement of the doctrine of insurable interest. It considers the old and new substantive law and provides an insight into the reform process. 相似文献
266.
A Computational Framework for Age‐at‐Death Estimation from the Skeleton: Surface and Outline Analysis of 3D Laser Scans of the Adult Pubic Symphysis 下载免费PDF全文
Bridget F. B. Algee‐Hewitt Ph.D. Jieun Kim Ph.D. Dennis E. Slice Ph.D. 《Journal of forensic sciences》2017,62(6):1434-1444
In forensic anthropology, age‐at‐death estimation typically requires the macroscopic assessment of the skeletal indicator and its association with a phase or score. High subjectivity and error are the recognized disadvantages of this approach, creating a need for alternative tools that enable the objective and mathematically robust assessment of true chronological age. We describe, here, three fully computational, quantitative shape analysis methods and a combinatory approach that make use of three‐dimensional laser scans of the pubic symphysis. We report a novel age‐related shape measure, focusing on the changes observed in the ventral margin curvature, and refine two former methods, whose measures capture the flatness of the symphyseal surface. We show how we can decrease age‐estimation error and improve prior results by combining these outline and surface measures in two multivariate regression models. The presented models produce objective age‐estimates that are comparable to current practices with root‐mean‐square‐errors between 13.7 and 16.5 years. 相似文献
267.
The appropriation of “welfare stigma” or stereotypes about poor people's overreliance and abuse of public aid in two core criminal justice functions is examined: felony adjudication in a court system and space allocation in a jail. Through a comparative ethnographic study in which an abductive analysis of data (20 months of fieldwork) was used, we show that criminal justice gatekeepers utilize welfare stigma to create stricter eligibility criteria for due process in criminal courts and occupancy in jails. Specifically, the number of court appearances, motions, trials, jail beds, food, showers, and medical services is considered by professionals to be the benefits that individuals seek to access and abuse. Professionals view their role as preventing (rather than granting) access to these resources. The comparative nature of our data reveals that welfare stigma has interorganizational utility by serving two different organizational goals: It streamlines convictions in courts, which pulls defendants through adjudication, and conversely, it expands early release from jails, which pulls inmates out of the custody population. In the context of diminishing social safety nets, our findings have implications for understanding how discretion is exercised in an American criminal justice system increasingly tasked with the distribution of social services to the urban poor. 相似文献
268.
The perception that a high court's decision is binding and final is a crucial prerequisite for its ability to settle political conflicts. Under what conditions are citizens more likely to accept controversial judicial rulings? Mass acceptance is determined, in part, by how rulings are framed during public debate. This paper takes a broad view of the strategies and actors that influence the discursive environment surrounding judgments, calling attention to hitherto unexamined determinants of mass acceptance. We theorize that third parties can boost acceptance by pledging compliance, and that courts can moderate opposition by compensating losers. We also look at how populist attacks on judiciaries, common in contemporary democracies, affect acceptance. We test these propositions using a survey experiment conducted in the aftermath of the UK Supreme Court's Brexit decision, the most salient judgment handed down by this court to date. The paper moves the literature on courts and public opinion beyond the United States, and presents evidence backing largely untested assumptions at the heart of models of judicial behavior regarding the benefits of crafting rulings with an eye on the preferences of key audiences. 相似文献
269.
Cui‐Mei Liu PhD Lin Xu MS Hong‐Yuan He PhD Wei Jia MS Zhen‐Dong Hua PhD 《Journal of forensic sciences》2021,66(1):365-374
In this study, the Raman spectra of 21 phenethylamines were obtained using far‐red excitation (785 nm). The distinguishing ability of Raman for phenethylamines, especially for phenethylamine regioisomers and structural analogues, was investigated. Here, the evaluation of a cross section of Raman spectra demonstrated that all types of phenethylamines were distinguishable, even for certain structural analogues with high spectrum similarity. Raman exhibited high distinguishing ability for phenethylamine regioisomers that differ in the substitution position of halogen, methoxy, alkyl, or other substituted groups; as well as for structural analogues containing different groups, such as furanyl, 2,3‐dihydrofuranyl, halogen, and alkyl substituted at the same position. The Raman spectra for homologues with differences in only a methyl group were found to be highly similar; however, their spectra demonstrated small but detectable differences. Four analogue mixtures and 59 seized samples were also analyzed to study the practical use of the Raman method in forensic field. 95% of the seized samples were correctly identified, which significantly validated the ability of Raman method in identifying the correct isomers. Accordingly, this study provides a non‐destructive, high‐throughput and minimal sample preparation technique for the discrimination of phenethylamines. 相似文献
270.