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881.
Matthew Volk Spiegl Arie Trouwborst Ingrid Natasha Visser 《Review of European, Comparative & International Environmental Law》2019,28(3):328-338
Environmental law contributes to biodiversity conservation insofar as it is properly drafted and implemented. This article explores one way in which its effectiveness can be impaired: progressive dilution. This occurs when consecutive steps are taken in the law's application which in isolation may not appear much out of line and are presented as legal, but eventually render a result contrary to the law's intentions – like a military mission creeping beyond its mandate. This phenomenon is explored using the case of an orca found emaciated in the Netherlands’ waters in 2010. Captured for rehabilitation purposes and subsequently retained for strictly circumscribed scientific research, the animal somehow ended up in a commercial Spanish entertainment park, used for public performances and breeding purposes – all with express approval of various governmental authorities, including courts. The entire chain of events is analysed in light of requirements imposed by diverse (inter)national legal instruments, including the Agreement on the Conservation of Small Cetaceans of the Baltic, North East Atlantic, Irish and North Seas (ASCOBANS), the Convention on International Trade in Endangered Species (CITES) and European Union regulations. 相似文献
882.
Growing research has analyzed quantitative patterns of bail decisions and outcomes, but we know far less about how court officials justify their bail decisions. To enhance understanding of how bail decisions—and their resulting pretrial outcomes—are generated, we interviewed 104 judges, prosecutors, and public defenders in a northeastern state. Court officials in our study reported three primary justifications at bail: ensuring defendants return to court, preventing crime, and lessening harm. The first two justifications have been suggested in the literature, but the latter is novel and encompasses two secondary justifications: lessening criminal legal system harm and lessening societal harm. We show how these justifications and the decisions they enable blend risk management with rehabilitation and emerge from court officials’ shared assumption of defendants’ social marginality but varied beliefs about what to do about such marginality pretrial. Each justification allows for distinct, but at times overlapping, bail decisions. We discuss the implications of our findings for theories of court official decision-making, research on racial and socioeconomic inequality, and bail reform policy. 相似文献
883.
We assess changes in oral arguments at the US Supreme Court precipitated by the COVID-19 pandemic and the degree to which those changes persisted once the justices acclimated to the new procedures. To do this, we examine whether key attributes of these proceedings changed as the Court experimented with telephonic hearings and subsequently returned to in-person oral arguments. We demonstrate that the initial telephonic forum changed the dynamics of oral argument in a way that gave the chief justice new power and reconfigured justices' engagement during these proceedings. However, we also show that the associate justices adapted to this new institutional landscape by changing their behavior. The findings shed light on the consequences of significant, novel disruptions to institutional rules and norms in the government and legal system. 相似文献
884.
Regional and hemispheric reconfigurations in Latin America and the Caribbean are increasingly mediated by Brazilian power, and the engagement of Guyana, Suriname and French Guiana with this emerging context is intriguing. They are tentatively moving away from a Caribbean region with which they are culturally contiguous, towards a South American continent in which they are geographically located. This is partly a reflection of the gradual opening up of the Northern Amazonian space that they share collectively, and also with Venezuela and Brazil. These processes are occurring as cause and effect of Brazil’s emergence as a regional – and even regionally hegemonic – power. With reference to wider debates on regionalism and hegemony, we analyse the uncertain consequences of these shifts. 相似文献
885.
Matthew Bersagel Braley 《Development in Practice》2017,27(5):745-749
ABSTRACTDue to social and historical forces resistant to predictions of religion’s waning influence in the modern world, responses to contemporary epidemics continue to involve local religious entities and global religious networks. This viewpoint draws on the history of the 1854 cholera epidemic in London to highlight how histories of cooperation between religion and public health can help focus current thinking about the potential for intersectoral cooperation in response to modern epidemics. 相似文献
886.
887.
Matthew Barnidge 《政治交往》2017,34(2):302-321
This article investigates political disagreement on social media in comparison to face-to-face and anonymous online settings. Because of the structure of social relationships and the social norms that influence expression, it is hypothesized that people perceive more political disagreement in social media settings versus face-to-face and anonymous online settings. Analyses of an online survey of adults in the United States show that (a) social media users perceive more political disagreement than non-users, (b) they perceive more of it on social media than in other communication settings, and (c) news use on social media is positively related to perceived disagreement on social media. Results are discussed in light of their implications for current debates about the contemporary public sphere and directions for future research. 相似文献
888.
Kanchana Kariyawasam Matthew Tsai 《International Review of Law, Computers & Technology》2017,31(3):265-288
The inception of live streaming technology has rapidly changed the way in which sporting events are transmitted. The unauthorised retransmission of live sports telecasts over the Internet has become one of the main concerns in sports media, where broadcasters have lost billions of dollars’ worth of sports broadcasting contracts and sponsorship deals. The scale of this problem has caused serious harm, both to sports rights-holders and to broadcasters. Legislative reforms are required in order to balance the public’s ever-increasing desire for convenient ways to view digital materials against the legal rights of the owners of the material, while also aiming to maintain a forward-looking perspective in an attempt to foresee potential technological advancements that may pose considerable challenges to the traditional copyright law. This article analyses how the concept of live streaming of live sports has changed the legal landscape. 相似文献
889.
This paper summarizes the current status of the ability of tribal law enforcement officers to enforce state law in all states that have Indian country – defined in 18 U.S.C. § 1151 as any Indian reservation, dependent Indian communities, or Indian allotments – within their borders. It is important to understand the current status of those officers as their agencies look to improve public safety in their nations. First, for context, we provide a brief background on tribes and tribal law enforcement. Then, we present a summary of the legal jurisdictional challenges faced by tribal law enforcement. Finally, we analyze the current status of tribal law enforcement officers in each state and conclude with a summary and concluding remarks. 相似文献
890.
Intimate partner violence (IPV) has been highlighted as a priority for UK governments and criminal justice agencies since the 1990s. However, whilst generating significant policy and procedural responses, the overall impact continues to be criticised. This paper examines contemporary approaches to IPV identification and response, highlighting the limitations within victim engagement and empowerment. It then moves on to specific developments and theories in victimology, demonstrating how research into victim engagement is emerging and could be utilised in practice to enhance victim empowerment. It argues that policy and procedure based upon an enhanced victim empowerment approach would be necessary in striving for positive criminal justice outcomes and for increasing victim satisfaction. 相似文献