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981.
John Hudson 《The Journal of legal history》2017,38(2):130-154
Beyond dealing with wrongdoing and litigation, law has many other functions. It can be designed to make life more predictable, it can facilitate and promote certain actions, it can seek to prevent disputes by laying down rules, and provide routes to solutions other than litigation should disputes arise. All of these can have connections to matters of emotion. Using both lawbooks and records of cases from the Angevin period, the present article begins by looking at issues of land law rather than crime, and at law outside rather than inside court. It then returns to crime and litigation before exploring the significance of the nature of legal records for the relationship between emotion and law. In doing so, it pays attention to emotion in action, to uses of emotionally charged language, to appearances of the vocabulary of emotions, and to the routinized use of words that might at other times or in other contexts have an emotional element. Underlying the analysis is an exploration of the ways in which some aspects of law became more discrete from ordinary social practice and discourse, in this instance through elements of distancing from emotion. 相似文献
982.
John Gardner 《The Modern law review》2017,80(1):1-21
This contribution distinguishes two kinds of responsibility: the basic (or ‘metaphysical’) kind that we all inescapably have as functioning human beings; and the assignable (or ‘political’) kind that connects each of us with some particular tasks, and not with others. Having explored some differences between the two, and in particular the role of law's authority in connection with each, the discussion turns to the negligence standard, especially but not only as it figures in tort law. Recently, several philosophers have attempted to find a role for the negligence standard in the metaphysics of basic responsibility. This contribution resists that development and stands up for the traditional lawyer's view that the negligence standard belongs to the pliable politics of assignable responsibility. Basic responsibility, it is argued, is fundamentally strict. 相似文献
983.
Nancy Nicosia John M. MacDonald Rosalie Liccardo Pacula 《Journal of Quantitative Criminology》2017,33(1):179-205
Objective
This paper addresses previous shortcomings in the literature on racial disparities in incarceration for drug offenders by taking advantage of a change in sentencing policy in California and a rich administrative dataset that is able to create a sample of comparable White and Black offenders.Method
We use a nonparametric propensity weighting approach to identify similarly situated White and Black male offenders charged with drug-related offenses. We combine this approach with a difference-in-differences model to estimate the effect that a change in California sentencing law for convicted non-violent drug offenders had on racial disparities in prison and drug treatment dispositions.Results
We find substantial reductions in the probability of a prison sentence after the policy change, but not differentially for Blacks. Blacks remain more likely to go to prison than similarly situated Whites after the policy, although the policy does lead to more referrals to treatment for Blacks.Conclusions
This paper shows that even after comparing Blacks and Whites in similarly situated contexts that racial disparities in prison commitments remain after sentencing law changes that mandate diversion to drug treatment. The results suggests that addressing racial gaps in the commitments to state prisons will likely require more than shifting the eligibility of drug convictions for prison, as accumulated criminal histories are the primary driver of prison sentences. This means that expanding diversion options from prison alone will not reduce the racial gap in commitments to prison for drug offenses more than incrementally.984.
Objectives
Police departments often use photo lineups for eyewitness identification purposes. A widely adopted lineup reform designed to reduce eyewitness misidentifications involves switching from the standard simultaneous photo presentation format to a sequential format. These two lineup procedures were recently tested in the American Judicature Society (AJS) field study, which was conducted in four different police jurisdictions. The results from two phases of that investigation reached opposite conclusions as to which lineup procedure is superior, and the purpose of our current investigation was to elucidate the role of site variance in shaping those contrasting conclusions.Methods
In previous analyses, the field study data were either (1) aggregated across all four study sites or (2) drawn from only one study site (Austin, Texas). Here, we analyze the data separately for the Austin study site, where 69 % of the eyewitnesses were tested, and the other three study sites combined, where 31 % of the eyewitnesses were tested.Results
The results indicate significant site variance between the Austin and non-Austin study sites. In addition, the results suggest that aggregating the data across sites played a determinative role in creating the apparent disagreement about which lineup procedure is diagnostically superior.Conclusions
Once large differences across the AJS study sites are taken into consideration, there is no longer any disagreement about which lineup procedure is superior. The simultaneous procedure is diagnostically superior to the sequential procedure, but the sequential procedure sometimes induces more conservative responding (a result that can and often does masquerade as diagnostic superiority).985.
Reports of identity theft in the U.S. have risen since the 2000s, which has resulted in financial losses into the billions. Along with this rise is the increased likelihood of familial identity theft. In this study, the differences between familial and non-familial identity theft were explored through the January–July 2012 Identity Theft Supplement collected with the National Crime Victimization Survey. Results showed that family member victims were likely to have experienced one type of identity theft more often than non-family victims were, personal information used for other fraudulent purposes, which included government benefits and driver’s licenses. Factors that allowed for a respondent’s personal information used for other fraudulent purposes included family membership, young persons in the household, and repeat victimization. Findings suggest that few factors can predict the likelihood to experience the misuse of personal information and that familial identity theft may be difficult to detect. 相似文献
986.
John Louis Parker 《环境索赔杂志》2017,29(3):242-252
Perflourinated compounds, or PFCs, have been widely used in our industrialized society. Notably, they are used in the manufacture of non-stick coated bakeware and in firefighting foams designed to fight high heat fires. These unregulated chemicals have gotten into surface and groundwater sources of drinking water in locations around the United States and likely the world. Data shows widespread release, particularly near airports and air bases and near industrial production sites.
PFCs cause many health related impacts. Human exposure pathways include perinatal transfer, consuming contaminated water, and consuming contaminated fish. Clean Water Act permitting programs can address their release into waterways. Contaminated site clean-up laws can also be used to remove the source contamination. Granular activated carbon technology can remove most forms of the chemicals from drinking water. The case study of drinking water contamination in Newburgh, New York illustrates the PFC challenge, public reaction, and government response. 相似文献
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