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191.
This article provides a critical analysis of the Council of Europe Cybercrime Convention Committee's Guidance Note of Production Orders, published on 1 March 2017. The article looks at the legal controversies surrounding production orders with a cross-border element. It explains the Guidance Note's background and origins, the basic provisions in the Cybercrime Convention allowing the law enforcement authorities to order and obtain certain information and discusses the requirements that follow from the relevant provisions of the Convention. This analysis is complemented by four critical remarks on the way the Guidance Note pushes the boundaries of acceptable treaty interpretation on the necessity of the Guidance Note, its position in regard to extraterritorial enforcement jurisdiction and sovereignty, its reticence towards fundamental rights and its refusal to define or clarify the important notion of “subscriber information”. The article argues that unilateralism is not a solution. Instead of soft law plumbing, what is needed is an agreement between sovereign states checked by their constituencies. 相似文献
192.
This article analyzes the development of foreign investment regulations and their impact on FDI flows in Mexico. The study covers the evolution of sectoral and aggregate investment patterns from the independence period to the 1994 Peso crisis and its aftermath. The pattern followed by FDI in Mexico has paralleled the transformation of the Mexican economy itself, focusing initially on the extractive and agricultural sectors, then on manufacturing activities, and recently on the services sector. Mexico has continuously reformed and modernized its regulatory system in order to adapt to internal political changes and changes in the world economic environment. Recent economic reforms and liberalization of FDI regulations have had a major positive impact on capital inflows, but more needs to be done, especially in the area of financial services in order to achieve a higher level of economic efficiency and to prevent financial breakdowns like the one experienced in 1994. 相似文献
193.
ABSTRACTThe past two decades, a disproportionate growth of females entering the criminal justice system and forensic mental health services has been observed worldwide. However, there is a lack of knowledge on the background of women who are convicted for violent offenses. What is their criminal history, what are their motives for offending and in which way do they differ from men convicted for violent offenses? In this study, criminal histories and the offenses for which they were admitted to forensic care were analyzed of 218 women and 218 men who have been treated between 1984 and 2014 with a mandatory treatment order in one of four Dutch forensic psychiatric settings admitting both men and women. It is concluded that there are important differences in violent offending between male and female patients. Most importantly, female violence was more often directed towards their close environment, like their children, and driven by relational frustration. Furthermore, female patients received lower punishments compared to male patients and were more often considered to be diminished accountable for their offenses due to a mental illness. 相似文献
194.
Forensic scientists strongly advocate the use of likelihood ratios for expressing the diagnostic value of evidence in technical forensic reports. They call this the logically correct approach. The correct comprehension of such likelihood ratios by jurists, however, appears to be particularly problematic. The present research has empirically investigated this issue for defense lawyers and criminal judges. For comparative purposes forensic professionals, many of whom use the logically correct approach, were included in the study as well. Using fictitious forensic reports, it was shown that proper understanding of likelihood ratios by jurists is quite poor, due mainly, but not exclusively, to the prosecutor's fallacy. Forensic professionals outperformed jurists to a large extent but made many mistakes themselves. It is further shown that participants’ self-expressed supposed level of understanding of logically correct conclusions is quite high and thus not justified by their levels of proper understanding. Suggestions for how to improve the situation are presented. 相似文献
195.
Ireen de Graaf Stans de Haas Miriam Zaagsma Ciel Wijsen 《Journal of Sexual Aggression》2013,19(1):4-19
AbstractSexual aggression among adolescents is a common problem which is related to lack of aggression regulation, positive or permissive attitudes towards sexual coercion, group pressure and inadequate communicative skills. Rock and Water is a psycho-physical intervention which addresses these issues. We conducted a quasi-experimental trial of Rock and Water in the Netherlands. In total, 521 boys aged 14–17 from nine pre-vocational education schools were included. The primary outcome variable was sexual aggression. Secondary outcomes were sexual interaction competence, self-regulation, attitudes towards dating violence, self-efficacy and self-esteem. Data were collected prior to the intervention, immediately after the intervention and five months after termination of the intervention. Boys reported a significant reduction in coercive strategies and particularly verbal manipulation (OR = .48). At follow-up, the boys reported a significant improvement in self-regulation and general self-efficacy (β = ?.11, p < .05 and β = 1.02, p <.05, respectively). Rock and Water was effective in decreasing verbal manipulation and improving self-regulation and general self-efficacy. 相似文献
196.
This paper examines the partner selection of the lower classes during an urban crisis period in early industrial Belgian cities. It was found that in this period characterized by an economic transition, overpopulation, migration and a low standard of living, social heterogamy was high, whereas social homogamy increased, or was ‘restored’, in the subsequent period. The urban crisis effect on partner selection contradicts the claims of modernization theory that there was a gradual increase in societal openness and that societal openness was typically modern, but it fits the idea of the informalization of marriage, a process marked by an increase in unmarried cohabitation and illegitimacy. 相似文献
197.
Cristiana Viegas de Andrade 《The History of the Family》2013,18(1):34-54
This article investigates marital patterns in the urban town of Vila do Conde, northwest Portugal, during the 19th century. The analysis, which is based on the application of the family reconstitution method, reveals differences in marital patterns between rural and urban settlements. It was observed that Vila do Conde displayed different patterns of marriage than those that have often been described for the northwestern region of Portugal, with an emphasis on lower levels of celibacy, as well as lower fertility rates. It was discovered that migration played a very important role in these dynamics. It is a fact that the increasing outflow of male emigrants had a distortion effect on the marriage market. Nevertheless, the influx of in-migrants to the town contributed to alleviate the adult male shortage and resulting gender imbalance, generating lower proportions of celibacy and higher levels of total fertility. Although several important publications have already identified demographic trends in many parishes of the region in focus, few have been concerned with urban parishes. This research aims to contribute to a better understanding of the population dynamics of urban centres in northwest Portugal when set within the context of a number of the structural changes specific to that region and Portugal as a whole in the 19th century. 相似文献
198.
Hans de Beer 《The History of the Family》2013,18(1):60-75
This is the first study in Dutch anthropometric historiography that describes and analyzes the development of the biological standard of living of girls and young women from the perspective of female adult stature. It is shown that adult stature of women, imprisoned in the second half of the nineteenth century and born between 1815 and 1865, slightly increased, approximately 1cm. From 1850 onwards stature of women born in the cities notably increased. Development of female adult stature was compared to that of male stature; both were quite similar. No circumstantial evidence was found that girls or young women were on a disadvantage with respect to nutrition and (medical) care. 相似文献
199.
Maria Aurora de la Concepcin Lacavex Berumen Yolanda Sosa y Silva Garcia Jesus Rodriguez Cebreros 《美中法律评论》2013,(4):301-309
The population grows and ages. Older adults, which is the group of people sixty years of age and older, increasingly represents a numerically larger group. Therefore, the legal rules are issued, and must be of such a nature that adequately protects them. In particular labor standards in Mexico, containing general provisions, but are emissive in relation to work of older adults subordinate. 相似文献
200.
Peter de Marneffe 《Criminal Law and Philosophy》2013,7(1):29-41
There is an important moral difference between laws that criminalize drugs and prostitution and laws that make them illegal in other ways: criminalization violates our moral rights in a way that nonlegalization does not. Criminalization is defined as follows. Drugs are criminalized when there are criminal penalties for using or possessing small quantities of drugs. Prostitution is criminalized when there are criminal penalties for selling sex. Legalization is defined as follows. Drugs are legalized when there are no criminal penalties for manufacturing, selling and possessing large quantities of drugs. Prostitution is legalized when there are no criminal penalties for owning or operating a brothel or escort service, no criminal penalties for working as a paid agent for sex work, and no criminal penalties for paying someone for sex who is above the age of legal employment and sexual consent. The criminalization of drugs and prostitution violate the right of self-sovereignty in depriving individuals of important forms of control over their own minds and bodies, but nonlegalization does not violate this right. It is therefore consistent, as a matter of principle, to advocate decriminalization but to oppose legalization. 相似文献