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101.
Caspar Rose 《European Journal of Law and Economics》2010,30(3):247-266
This article studies the voluntary transfer of property that had been stolen—a topic almost unexplored in the law and economics
literature. The question is whether a buyer of a stolen good should obtain title to the good if he/she has purchased it in
good faith. As described in the article different jurisdictions treat this issue differently. The traditional theory suggests
that there is a trade-off between the costs of protecting the good and the costs of verifying the ownership. However, as shown,
the rule of law concerning this issue significantly affects parties’ incentives. Specifically, it is shown that a rule of
law where good faith is irrelevant in determining the issue of property rights Pareto dominates a rule where good faith may
protect an innocent buyer. Thus, an owner of an asset will spend more resources on protecting his property and potential buyers
will incur higher costs in order to verify the ownership when good faith is decisive for the transfer of property rights. 相似文献
102.
The purpose of this study was to carefully measure Intimate Partner Abuse (IPA) behaviors among a large ( n = 864 couples) sample of pairs of husbands and wives who were mandated to attend divorce mediation and then to: categorize the behaviors into theoretically-driven types of IPA, determine the number of cases screened out of mediation for any reason, and investigate whether measured outcomes of mediation (primary physical and legal custody) were related to IPA. Results indicated that rarely was IPA not reported—the most frequently reported IPA behavior was psychological abuse (98% of wives; 97% of husbands), followed by physical abuse (58% of wives; 54% of husbands), escalated physical abuse (62% of wives; 50% of husbands), and sexual intimidation, coercion and rape (56% of wives; 29% of husbands). Rarely were couples reporting IPA screened out of mediation (5%), and rarely were supervised parenting time or restrictions on contact between parents included in mediated agreements made by couples reporting IPA (6.5%). The overall level of IPA was unrelated to the specific terms of mediated agreements; however, by far the most frequent type of mediated agreement the couples' negotiated in mediation was for primary physical custody to go to the wife and for the husband and wife to have joint legal custody (59% of cases). Analysis of the implications of these findings and policy recommendations are included. 相似文献
103.
Roderick A. Rose 《Journal of family violence》2018,33(2):109-122
Family violence researchers often use an ecological perspective to describe persons nested within groups. Further, family violence researchers frequently investigate whether group characteristics impact individual outcomes. The theoretical orientation and research designs typically used therefore present opportunities to utilize multilevel modeling (MLM) for clustered designs. It is widely understood that MLM corrects standard errors for grouped data, though other approaches can address this issue. Importantly, MLM presents a structured approach to the examination of group differences in outcomes, group differences in the association between the characteristics of persons and these outcomes, and the explanation of group differences using group-level characteristics. This journal frequently receives studies that use MLM for clustered designs, and a set of analytical guidelines may assist authors in preparing such articles so as to properly implement and better leverage the power of MLM to advance family violence research. I describe MLM for the new user, providing guidance on estimation of these models in the context of two examples. In addition, for more experienced users of MLM, I argue for greater attention to between-group and compositional effects that may be prevalent in family violence research, and the opportunities they may raise for a better understanding of the complexities at the group level. In closing I discuss some extensions of MLM and place MLM in the context of research design, providing guidelines for designing, carrying out, and reporting findings from studies that use these methods. 相似文献
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109.
R. S. Rose 《Crime, Law and Social Change》1981,5(4):395-401
The vicious circle of job restrictions, poverty, and all that follows with it tends to fix the tradition that Negroes should be kept out of good jobs and held down in unskilled, dirty, hot or otherwise undesirable work. Residential segregation and segregation at places of work hinder whites from having personal acquaintance with Negroes and recognizing that Negroes are much like themselves. In the eyes of white workers the Negroes easily come to appear different, as a low grade people, and it becomes a matter of social prestige not to work under conditions of equality with them. The fact that Negroes actually work almost only in menial tasks makes it more natural to look upon them in this way. The occupations they work in tend to become déclassé [1]. 相似文献
110.
Some view the peremptory challenge as crucial to a fair jury selection process, whereas for others, it is a tool for invidious race or gender discrimination. Nevertheless, debates utilize little empirical data regarding uses of this challenge. Data are reported from observation of a small number of criminal trials in one, largely biracial southeastern county. In the aggregate, there was no association between race and selection for a jury, and only a modest relationship for gender and selection. However, the null finding for race masks a pattern of strikes by each party: When dismissed, Whites were likely to be excused by the defense, and African Americans by the state. A trial-by-trial analysis showed that when disparities between venire and jury composition existed, the direction usually pointed to overrepresentation of African Americans and women on juries. Despite limited generalizability, the data suggest the need for a more informed debate about the peremptory challenge's use in modern criminal trials. 相似文献