多元行政纠纷解决机制的衡量因素和判断标准

面对目前我国行政纠纷和矛盾不断激化的现实,必须认识到行政纠纷的不可避免性和适度纠纷的社会整合功能。现代多元化的社会需要多元化的纠纷解决方式。通过对我国现存的行政纠纷解决方式运行状况的考察,可以发现影响行政纠纷解决的各种法社会学因素,如社会力量对比、冲突主体对纠纷解决机制的信任度、裁决主体的权威性、代价及公众满意度等。基于对这些因素的分析,可以确立多元化的行政纠纷解决机制的衡量因素和判断标准,具体来说,客观方面包括独立性、对抗性、时效性、公开性;主观方面包括尊严和信任。     

It's just so difficult to get anything done: Teen mental health in the family court setting

Navigating the family court setting to protect teen mental health, meet teens' mental health needs, and promote resilience and coping skills is challenging. We have tools that can help us meet that challenge. That toolkit includes: expanding who is involved in the work to develop a parenting plan or treatment plan; not reducing the case to a one-dimensional fact pattern; restructuring family court proceedings for ongoing problem-solving, providing protections for the teen's privacy; using consensual dispute resolution and adjudication on parallel tracks; and educating the decision makers through expert declarations and Brandeis briefs (even at the trial court level).     

《劳动合同法》执行过程中疑难问题探讨

2008年以来,随着《劳动合同法》、《劳动争议调解仲裁法》的实施,特别是《劳动合同法实施条例》的颁布施行,虽然澄清了《劳动合同法》中的一些模糊问题,但是,围绕企业规章制度、双重劳动关系、经济补偿金和赔偿金的计算、追索加班费的举证责任和加班工资基数,以及社会保险争议等问题,人们的认识和仲裁、司法的审理和执行仍比较混乱。因此,有待于通过进一步学习劳动法律,在实践中对《劳动合同法》及《实施条例》执行过程中的某些疑难问题做进一步探讨。     

Forensic Evidence in Homicide Investigations and Prosecutions

Even though forensic evidence is collected at virtually every homicide scene, only a few studies have examined its role in investigation and prosecution. This article adds to the literature by providing the results of a study of 294 homicide cases (315 victims) occurring in Cleveland, Ohio, between 2008 and 2011. Through a logistic regression on open versus closed cases, the collection of knives, administration of gunshot residue (GSR) kits, and clothing at the scene were positively and significantly related to case closures, while collection of ballistics evidence and DNA evidence were statistically significant in the opposite direction. With regard to analysis, the clearance rate for cases with probative results (i.e., matches or exclusions) was 63.1% compared to a closure rate of 56.3% for cases without probative results. However, only 23 cases had probative results prior to arrest compared to 128 cases with probative results after arrest.     

Challenges to the East Asian environment

Abstract

Can economic interdependence reduce conflicts among states in East Asia? The so-called ‘cold politics and hot economics’ has become a defining feature of Sino-Japanese political-economic relations. This puzzling pattern of interaction is clearly illustrated in the sovereignty dispute over the Senkaku/Diaoyu Islands. The island dispute has unfolded in five rounds of distinct clashes thus far. From one perspective, the competitive elements in the island dispute make it difficult for both Japan and China to give way to the other side on the territorial and maritime issues. At the same time, the two countries have successfully managed to contain their respective territorial and maritime claims thus far. Drawing on the liberal peace theory, this article systematically demonstrates that economic interdependence has repeatedly fostered the de-escalation of Sino-Japanese conflict over territorial and maritime rights.     

Economic cooperation in Northeast Asia: The proposed Tumen River scheme

Abstract

This paper examines a relatively unexplored aspect of the Russo-Japanese territorial dispute: the involvement of subnational actors. It focuses in particular on the sustained campaign of domestic lobbying and paradiplomacy by elites from the Far East region of Sakhalin aimed at preventing the Russian central government from transferring the South Kuril Islands/Northern Territories to Japan during the 1990s. It explores the various responses to the ‘Sakhalin factor’ from federal authorities in Russia, as well as private and public bodies in Japan, highlighting the subsequent localization and pluralization of diplomatic channels. The paper also considers why the ‘Sakhalin factor’ became so prominent, pointing to a synergy of factors that include the high-profile anti-concessionary campaigns of the Sakhalin political elite, the fallout from Russia's troubled attempts at state building and a possible convergence of interests between Boris Yeltsin and regional authorities. The paper concludes with an analysis of how Vladimir Putin's federal reforms, launched in 2000, have diminished Sakhalin's authority over the South Kuril Islands.     

Bargaining Through Arguing: An Empirical Analysis Based on Speech Act Theory

In a recent debate in political science, the terms "bargaining and arguing" have been construed as semantic opposites. The present article rejects this dichotomy and offers a new theoretical approach to clarify the logical and pragmatic relationship of bargaining and arguing as modes of the resolution of conflicts through communication. On the basis of speech act theory, a method for the empirical analysis of bargaining and arguing is developed and demonstrated with an example of conflict resolution by mediation. Four conclusions can be drawn. First, in empirical processes of communicative conflict resolution, in almost all cases both arguing and bargaining will be present. Second, only in the rare cases of pure conflicts over solely facts or values will arguing appear. Third, within the context of an interest conflict, arguing is not an alternative to bargaining, but a means for bargaining. Fourth, although bargaining and arguing have the potential to resolve certain types of conflicts, their success is difficult to predict and cannot be taken for granted.     

An Evaluation of Standardized Software for Processing GC/MS Data from Different Vendors' Instruments in a Forensic Laboratory

Forensic science laboratories perform analyses on a variety of materials using gas chromatography/mass spectrometry (GC/MS). Instruments from different vendors may be used, requiring analysts to be proficient in the use of multiple proprietary software packages for collecting and processing data. There is no standardized GC/MS software available that can acquire data from different vendors' instruments. However, there are third‐party processing software products that can import data files in different formats. The Centre of Forensic Sciences compared the data processing performance of one such product, ACD/MS Manager Suite, with three instrument vendors' software used for casework analysis. This product was tested for its compatibility with the existing software, its capability to load and present data, and to initiate searches of commercial libraries. The study shows that the MS Manager module provides a means for the forensic analyst to view, process, and report on data from different sources in one software package.     

Contrast Enhancement of Bite Mark Images Using the Grayscale Mixer in ACR in Photoshop®

Enhanced images may improve bite mark edge definition, assisting forensic analysis. Current contrast enhancement involves color extraction, viewing layered images by channel. A novel technique, producing a single enhanced image using the grayscale mix panel within Adobe Camera Raw^®, has been developed and assessed here, allowing adjustments of multiple color channels simultaneously. Stage 1 measured RGB values in 72 versions of a color chart image; eight sliders in Photoshop^® were adjusted at 25% intervals, all corresponding colors affected. Stage 2 used a bite mark image, and found only red, orange, and yellow sliders had discernable effects. Stage 3 assessed modality preference between color, grayscale, and enhanced images; on average, the 22 survey participants chose the enhanced image as better defined for nine out of 10 bite marks. The study has shown potential benefits for this new technique. However, further research is needed before use in the analysis of bite marks.