MAKING A MOUNTAIN OUT OF A MOLEHILL: A LAW AND ECONOMICS DEFENSE OF SAME‐SEX FOSTER CARE ADOPTIONS

This article explores the methods by which homosexual partners can adopt children from foster care, primarily via the stepparent adoption method because most jurisdictions do not recognize same‐sex marriage or civil unions. In establishing that the children in foster care constitute a market not in equilibrium, I explore the significant barriers to entry that homosexual partners must overcome in order to adopt a child, including the biased rules of intestate succession, the inability of homosexuals to secure health insurance or other governmental subsidies for their nonbiological, adopted children, and the apparent misconception that homosexual parenting negatively affects the well‐being of the child. By deconstructing the barriers to entry in the foster care market for children, children will be afforded the opportunity to maximize their utility through permanency, and homosexual parents and the general public can maximize their utility through the reallocation of assets away from the foster care market, given that more children are likely to be adopted once homosexuals are granted unfettered adoption rights. The reallocation of assets away from the foster care market increases social efficiency, which is desired by all.     

CHILDREN OF SAME‐SEX PARENTS DESERVE THE SECURITY BLANKET OF THE PARENTAGE PRESUMPTION*

This article considers what rights are important to children of same‐sex couples, and concludes that these children must be protected by the presumption of parentage. In reaching this conclusion, the article first analyzes the limited protections currently provided to children of same‐sex couples. It then concludes that there is no persuasive reason to treat these children differently from children of “traditional” heterosexual marriage. As such, the parentage presumption should apply equally to children born of a same‐sex marriage, domestic partnership, or civil union, as well as to children who live with a same‐sex partner in a parent‐child relationship. Only with such broad protection can these children receive the economic and psychological support that they deserve.     

“首次不罚”制度的法理思考——兼谈行政执法方式的完善

“首次不罚”制度得以合理存在的界域主要是制度实施的必要性与目的设定方面,其实质是将法律赋予执法主体的自由裁量权主动降低为零,但制度本身设计存在很大的不确定性,降低了执法主体的权威性,打破了法律上的平衡,并存在逆向选择的危险,其预期效果并不理想。只有在行政执法工作中坚持执法的原则性,讲究执法的艺术性,增加执法的服务性,方能达致“首次不罚”制度必要性与可行性的有机结合,实现制度设计的初衷。     

“I WANT MY MOMMIES”: THE CRY FOR MINI‐DOMAS TO RECOGNIZE THE BEST INTERESTS OF THE CHILDREN OF SAME‐SEX COUPLES*

In child custody cases, courts will look to the best interests of a child to maintain visitation/custody rights only with the child's biological parent, not third parties. However, with a same‐sex couple, it is inevitable that one parent will not be the biological parent. Thus, when that parent is in a mini‐DOMA state, where same‐sex couples from non‐mini‐DOMA states do not have to be recognized, that parent will be viewed as a third party and lose all visitation/custody rights if the couple separates. This note advocates that mini‐DOMAs allow both the biological and nonbiological parents of a same‐sex couple to have visitation/custody rights of their children if it would be in the best interest of the children to do so.     

Aggregation effects on male-to-female arrest rate ratios in New York State, 1972 to 1984

The purpose of this paper is to assess the effects of data aggregation on a specification of the relationship between sex and arrest rate trends. The analysis focuses on the empirical implications when arrest data are aggregated across dimensions that are likely to affect the sex-crime relationship. The data for the analysis consist of 4,119,358 male and female adult arrests in New York State for the 13-year period ending in 1984. Results indicate that race, regional differences, and the legal seriousness of the arrest charge produce significantly different patterns of sex convergence across time. On the basis of these results, we suggest serious limitations in past analyses of female crime rates and in the value of Uniform Crime Report (UCR) data for addressing theoretically relevant questions concerning the social correlates of official crime.     

武则天皇权及其合法性--兼论女性公共行政的魅力

本文运用人类文化学、行政学和历史学等学科研究方法对武则天皇权在其性别角色、皇权和公共行政等方面的合法性进行论述,以此展示女性公共行政的魅力以及在人类文化和公共行政领域所发挥的积极作用.     

女性教育与女性社会化之路

男女两性的不平等关系是长期存在的事实,教育是女性实现社会化、成为"社会人"从而获得男女平等权利的关键,但在男性中心文化灌溉下的教育,并不会产生出真正的两性平等。所以,应当通过新的女性教育来实现真正社会意义上的两性平等。     

Accuracy Rates of Sex Estimation by Forensic Anthropologists through Comparison with DNA Typing Results in Forensic Casework

A common task in forensic anthropology involves the estimation of the biological sex of a decedent by exploiting the sexual dimorphism between males and females. Estimation methods are often based on analysis of skeletal collections of known sex and most include a research‐based accuracy rate. However, the accuracy rates of sex estimation methods in actual forensic casework have rarely been studied. This article uses sex determinations based on DNA results from 360 forensic cases to develop accuracy rates for sex estimations conducted by forensic anthropologists. The overall rate of correct sex estimation from these cases is 94.7% with increasing accuracy rates as more skeletal material is available for analysis and as the education level and certification of the examiner increases. Nine of 19 incorrect assessments resulted from cases in which one skeletal element was available, suggesting that the use of an “undetermined” result may be more appropriate for these cases.     

第12胸椎三维重建图像性别判定研究

目的考察计算机断层扫描(CT)技术测量中国汉族第12胸椎判定性别的效果,探索CT技术在法医人类学人体骨骼测量研究中应用的可行性。方法确定11项径线指标测量第12胸椎多层面重组(MPR)三维重建图像,剔除不稳定指标后计算四项比值指标,统计各项指标的数据考察CT测量第12胸椎判定性别的效果。结果剔除两次测量结果不稳定的三项指标后的12项指标性别差异显著,建立了7个性别判定方程,综合判别率在80.0%~91.6%,仅含椎体指标的方程性别判别率最高达91.6%。结论中国汉族人第12胸椎形态学测量指标具有性别差异,CT技术可以准确测量骨骼,对法医人类学人体骨骼测量研究具有应用价值。