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201.
Professor Gerald Gunther famously declared strict scrutiny to be “‘strict’ in theory and fatal in fact” in 1972. Although Professor Gunther's pithy and influential slogan may have been a reasonably accurate characterization at that time, strict scrutiny in the realm of the First Amendment is now much less fatal to government regulation of expression. This article explores the beginnings of the strict scrutiny test and the underpinnings of its subsequent dilution. The article examines the multiple ways courts can avoid applying strict scrutiny and argues that compelling state interests are proliferating in a manner that is harmful to robust speech protection. It also critiques the lack of precision in narrow tailoring analysis. The article concludes that First Amendment strict scrutiny has serious weaknesses that threaten to undermine vigorous protection for expression and offers suggestions for increasing the rigor and precision of the doctrine. 相似文献
202.
Michelle Ann McManus Matthew L. Long Laurence Alison Louise Almond 《Journal of Sexual Aggression》2013,19(3):368-384
AbstractThis study explored a sample of 244 UK adult male offenders convicted of offences involving indecent images of children (IIOC): 120 had a previous contact child sexual offence (defined as dual offenders) and 124 had no evidence of an offence against a child (defined as non-contact offenders). Offender groups were compared regarding their socio-demographic characteristics, previous convictions and IIOC possession. Key discriminatory factors that differentiated dual offenders were: access to children, previous offence history, sexual grooming and possession of IIOC that depicts similar-aged victims. In contrast, non-contact offenders could be identified from their greater amount and wider range of IIOC possession. The results suggest a homology between Internet behaviours, IIOC possession and victim selection. Implications for law enforcement agencies are discussed in terms of assisting investigative prioritisation by identifying those most at risk of committing sexual abuse against children. 相似文献
203.
Matthew S. Dabros 《The Journal of Legislative Studies》2013,19(3):428-446
Recent scholarship demonstrates US legislators acquire human capital (that is, contacts, knowledge, and skills) in Congress that maximises post-elective earnings because they anticipate re-entering the labour market after leaving office. This literature has not, however, addressed how legislators’ expectations of entering specific professions affect their in-office activities. This article examines this question within the context of final term, employment-particular changes in House members’ foreign travel. Representatives entering the private sector are predicted to travel more in the last period to augment their human capital in foreign affairs and signal their expertise to prospective employers, while retiring legislators are expected to travel less because they lack incentives to maintain productivity levels. Analysis supports the former but not the latter prediction. 相似文献
204.
Abstract This analysis uses census tract data to measure the segregation of the poor in U.S. metropolitan areas in 1970, 1980, and 1990. Two measures of segregation are used: the indices of dissimilarity and isolation. In 1990 the mean dissimilarity of the poor in the 100 largest U.S. metropolitan areas was 36.1, which is substantial but below the 60.6 dissimilarity of blacks. The 1990 isolation of the poor was 21.0. From 1970 to 1990, the dissimilarity of the poor increased by 11 percent, and the isolation of the poor rose by 9 percent; in contrast, racial segregation declined. Exploratory regression analyses reveal that income segregation in metropolitan areas was significantly greater in 1990 and increased more from 1970 to 1990 in the Northeast than in the South and West. Midwest areas generally were not significantly different from Northeast areas in 1990 segregation levels or in changes from 1970 to 1990. 相似文献
205.
Abstract This article explores the effects of metropolitan industrial structure on housing market outcomes. Housing prices in new economy metropolitan areas are found to be higher, peakier, and more volatile than in old economy markets. Homeownership rates are found to be lower in new economy metropolitan areas, while crowding is higher. Although the distribution of housing values, costs, and rents was more equal in new economy markets, the cause would seem to be differences in area income levels, with poorer metropolitan statistical areas having greater inequalities. Regression analysis is used to identify the contribution of traditional supply and demand factors, such as job growth, income, and residential construction, as well as new economy indicators, to housing market outcomes. Rather than being fundamentally different, new economy housing markets are found to be faster and more extreme versions of traditional housing markets. 相似文献
206.
From state paternalism to neoliberalism in Australian rural policy: Perspectives from the Western Australian wheatbelt 总被引:1,自引:0,他引:1
For much of this century, the rural policies of Australian governments were directed at providing a viable social and economic base for rural communities and country towns. Policies which provided the conditions for stable growth in the agricultural economy, together with equitable levels of access to services such as schools, hospitals and public housing, were seen as instrumental in the development of stable rural communities. More recently, however, the process of global economic restructuring, agricultural adjustment, farm amalgamation and rapid technological change, have contributed to the declining socio‐economic viability of many rural areas. This pattern of decline has been compounded over recent years by the emergence of state and federal government policies based upon the principles of ‘neoliberalism’. The emergence of this approach to rural policy has meant that state and federal governments have, increasingly, withdrawn from effective regional development strategies, rationalised the levels of public service provision, and devolved much of the responsibility for community well‐being to the local level. This paper critically reviews the changing governmental approaches to rural development, and reflects upon some of the outcomes of these policy changes in the wheatbelt of Western Australia. 相似文献
207.
E. A. Brett 《发展研究杂志》2013,49(3):339-364
This article uses the post-colonial experiences of Uganda and Zimbabwe to demonstrate both the strengths and weaknesses of competing theoretical explanations for problems of state and economic failure in Africa. It shows that they all explain some but not all of these processes. It demonstrates the crucial role of contextual circumstances and ongoing structural changes in each country in determining the success or failure of policy regimes and, of current prospects for a long-term transformation to liberal democratic capitalism. 相似文献
208.
AbstractYou have to get up early to know Tokyo. Take Baba as a case in point. By day, it is an ordinary, slightly run-down park beside the tracks of the city's central commuting loop, halfway between Shinjuku and Ikebukuro stations. Go at dawn and a thousand men populate the park—young men in shirts and sneakers, carpenters in their belling, knicker-like pants, the muscular dokata, construction workers, duffle bags thrown over their shoulders and heavy black cloth shoes on their feet, a handful of men in office suits and leather shoes, old men, hoboes—the park is a different world. At six, the action begins. Vans pull up and encircle the square, the contractors dismount, enter the crowd, and wait as clusters of men gather around them to negotiate the sale of their day's labor. Small eating carts dot the park and along the cement paths second-hand clothes vendors peddle pants and jackets piled on squares of open cloth. The bargaining reaches a climax at seven, when wages are highest, and goes on for another hour as weaker, less aggressive men take what is left. Then, one by one, the vans with their cargoes of workers drive off, the cart-owners lock up, the clothes vendors bundle their goods back into their squares of cloth, and by eight Baba is once more a drab, empty park. 相似文献
209.
While a large body of literature emphasizes the importance of judicial reform in new democracies, few scholars have examined the reform of military justice systems in these settings—despite the potential for these courts to compete directly with civilian courts and subvert the rule of law. This article focuses on Latin America to empirically examine how the process of reforming military courts has played out in each democracy following authoritarian rule. We outline two distinct pathways: (1) unilateral efforts on the part of civilian reformers, and (2) strategic bargains between civilian reformers and the military. Within the unilateral category, we further distinguish efforts driven by civilian courts, those pursued by politicians, and those undertaken in the context of larger political transformations. Ultimately, we find that, absent a dramatic defeat of an authoritarian regime and its armed forces, reform efforts that do not engage and bargain with the military directly often fail to achieve long‐term compliance and improvements in human rights practices. The success of such reform efforts, therefore, may come at a cost in other areas of democracy and civil‐military relations. We conclude the article by summarizing our findings and reflecting on the lessons they provide for ongoing military justice reform efforts around the globe. 相似文献
210.
Matthew R. Lockett Ph.D. Katherine A. Mirica Ph.D. Charles R. Mace Ph.D. Robert D. Blackledge M.S. George M. Whitesides Ph.D. 《Journal of forensic sciences》2013,58(1):40-45
This paper describes a method for determining the density of contact trace objects with magnetic levitation (MagLev). MagLev measurements accurately determine the density (±0.0002 g/cm3) of a diamagnetic object and are compatible with objects that are nonuniform in shape and size. The MagLev device (composed of two permanent magnets with like poles facing) and the method described provide a means of accurately determining the density of trace objects. This method is inexpensive, rapid, and verifiable and provides numerical values—independent of the specific apparatus or analyst—that correspond to the absolute density of the sample that may be entered into a searchable database. We discuss the feasibility of MagLev as a possible means of characterizing forensic‐related evidence and demonstrate the ability of MagLev to (i) determine the density of samples of glitter and gunpowder, (ii) separate glitter particles of different densities, and (iii) determine the density of a glitter sample that was removed from a complex sample matrix. 相似文献