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831.
E. Kay M. Tisdall 《社会福利与家庭法律杂志》2016,38(4):362-379
Galvanised by the UN Convention on the Rights of the Child, many jurisdictions now recognise children’s rights to participate in decisions that affect them. While such legal rights have increased, research on family law proceedings shows how children’s views can still be undermined, ignored or not even sought in decisions about them. This article uses the academic resources of childhood studies, to consider dominant and alternative narratives of children’s participation within Scottish family law. Drawing upon reported case law and empirical research, the article concludes that children’s participation gains protection by being institutionalised but children’s participation is attenuated because it is not recognised as relational and contextual. As rationality, consistency and autonomy are privileged, the weight given to children’s views is lessened by concerns about children being manipulated or distressed. Courts and their decisions may be child-focused, centring on children’s welfare, but they are not child-inclusive, involving children in decision-making. 相似文献
832.
Tina L. Lee 《American Journal of Criminal Justice》2016,41(2):236-254
Citizen police academies (CPAs) are popular programs developed by police departments with the twin goals of educating the public about law enforcement and improving police-community relationships. Citizen police academies can help law enforcement agencies by providing them with graduates who may support police departments through volunteering, crime reporting, advocacy, and crime prevention. CPAs may aid citizens by providing them with opportunities to work with the police to make their communities safer. During the course of the citizen police academy, not only will participants have opportunities to learn more about the police depar'tment and their communities, but they may be given opportunities to patrol with police officers, solve mock crime scenes, or attend moot court. This study examines citizen police academies in Tennessee and provides an exploratory investigation of the programs and its participants. Data obtained from 31 police departments indicate CPA programs with more than a 20 year history in Tennessee. Results of a pretest and posttest of 4 citizen police academies’ participants found that attending these programs significantly and positively changed participants’ familiarity with the police chief, local law enforcement, community crime, and the criminal justice system. 相似文献
833.
834.
B. Robert Owens; 《Law & social inquiry》2024,43(4):1257-1278
This article explores the settling and unsettling of legal concepts in relation to refugee-status determination. To gain admission to the United States, asylum seekers are required to demonstrate a well-founded fear of persecution on the basis of one of five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group. Accordingly, many political asylum claims turn on the interpretation of “particular social group.” This article examines case law disputes in the federal courts of appeals over the meaning of that phrase and describes how statutory interpretation by judges has contributed to the persistence of such disputes over several decades since the passage of the 1980 Refugee Act. My analysis reveals the tensions between different forms of rationality at play in judicial statutory interpretation and applies the concept of legal settling to a new empirical domain. 相似文献
835.
Robert C. Lieberman;Kory J. Gaines; 《Law & policy》2024,46(4):380-395
The United States is facing an era of acute democratic fragility. The Supreme Court is often understood as a key countermajoritarian institution that often impedes democratization. But adopting an interbranch perspective, we show that the court has been a stronger champion of democratization in the United States than is typically recognized. National power has generally been necessary to overcome antidemocratic subnational policy, and national state power requires both standard setting and coercion. Using an original dataset of Supreme Court rulings on civil rights and racial equality, we show that the court was an earlier and more consistent champion of racial democratization than is generally understood but that in the absence of cooperation from the rest of the federal government's coercive apparatus, the court's standard-setting rulings had little impact. These findings suggest the conditions under which the protection of democratic gains might be possible. 相似文献
836.
Walter E. Grunden 《Intelligence & National Security》2016,31(5):715-728
AbstractThis article critically examines allegations that H?ngnam, North Korea, served as a transwar site of nuclear weapons research conducted first by Imperial Japan during World War II, then by the Soviet Union in the postwar period, and subsequently by North Korea itself. Rumors of ‘nuclear research’ being conducted there likely derived from and were conflated with reports of secretive efforts by these parties to prospect for, to mine, and to dress uranium-bearing ores in the surrounding area. The article presents new information from recently declassified CIA records and current Russian research. 相似文献
837.
Russell E. Travers 《Intelligence & National Security》2016,31(5):746-761
AbstractAfter 9/11 the US Government tried to ‘fix’ intelligence by adopting the Intelligence Reform and Terrorism Prevention Act (IRTPA). Resources increased and, to varying degrees, performance improved – particularly in counterterrorism. This article, however, argues that the constellation of Intelligence Community authorities and organizations, either created or left in place by the IRTPA, coupled with the challenges of a complex security environment, leaves us ill-prepared to deal with the Country’s twenty-first century intelligence requirements. Should that critique prove accurate, and should future intelligence failure(s) be judged strategically and politically unacceptable, the second half of the article provides a framework for revising the IRTPA; the proposals substantially increase the authority of the head of the Intelligence Community, consolidate structures, and create centers of analytic critical mass necessary to meet the knowledge requirements for both regional and transnational security issues. Reflecting the Intelligence Community’s long standing tradition of questioning assumptions, the article is meant to foster reflection and debate about whether the Intelligence Community is postured to meet the needs of the Country, and if not, what needs to change. 相似文献
838.
AbstractDespite intense scrutiny and promised fixes resulting from intelligence ‘transformation’ efforts, erroneous analytic assessments persist and continue to dominate news coverage of the US intelligence community. Existing analytic training teaches analysts about common cognitive biases and then aims to correct them with structured analytic techniques. On its face, this approach is eminently reasonable; on close inspection, incomplete and imbalanced. Current training is anchored in a mid-twentieth century understanding of psychology that focuses on checking over-confidence and rigidity but ignores the problems of under-confidence and excessive volatility. Moreover it has never been validated against objective benchmarks of good judgment. We propose a new approach: (a) adopting scientifically validated content and regularly testing training to avoid institutionalizing new dogmas; (b) incentivizing analysts to view training guidelines as means to the end of improved accuracy, not an end in itself. 相似文献
839.
Robert Dover 《The international spectator : a quarterly journal of the Istituto affari internazionali》2016,51(4):40-50
Aggressive tax planning by multinational enterprises (MNEs) costs EU member states between €50-70 billion and €150-190 billion per annum through base erosion and profit shifting (BEPS). This tax gap has been blamed on ‘unethical’ companies acting legally, but inappropriately. Action to curtail this behaviour has been made possible by the confluence of two powerful movements: a popular articulation of tax morality as it relates to MNEs and the high issue salience reached as a consequence of the financial crisis and austerity in Europe, an emerging discourse around tax morality, and the efforts of prominent whistleblowers. As a result, domestic governments have removed their ‘soft’ veto and facilitated supranational bodies in innovating on corporate taxation, helping to rebalance the technical and structural superiority of MNEs in the international tax system. 相似文献
840.
Michael E. Allison 《Democratization》2016,23(6):1042-1058
ABSTRACT The Guatemalan National Revolutionary Unit (URNG) fought one of the longest and bloodiest civil wars in recent Latin American history. In 1996, the URNG and the Government of Guatemala signed a Firm and Lasting Agreement ending the country’s civil war and initiating the URNG’s post-war life as a political party. After finishing third in its initial electoral competition, the URNG has since been unable to capture more than 4% of the vote, on its own or in coalition, leaving it a minor political party. What explains the poor electoral performance of the URNG as a political party? Based upon fieldwork, elite interviews, and analysis of electoral data, I argue that the URNG’s minor party performance was caused by both organizational and institutional factors. 相似文献