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101.
Clare Saunders 《Third world quarterly》2013,34(8):1509-1526
After the Working Group on Climate Change and Development recognised the challenge that climate change poses to development, a number of environmental and aid, trade and development organisations formed a new politically active coalition, Stop Climate Chaos (SCC), to demand that stronger climate laws be adopted in the UK. The coalition now frames the issue of climate change as a ‘global climate justice’ one, emphasising the severity of the issue for people in poor countries, who will suffer the worst consequences, but have contributed least to it. The extent to which SCC member organisations address climate change as a global justice issue is explored through a content analysis of their websites, and a survey of participants in the SCC I-Count march, London, 3 November 2006. There is certainly evidence that environmental organisations are ‘facing South’, just as aid, trade and development organisations are ‘turning green’. 相似文献
102.
《Women & Criminal Justice》2013,23(1):33-54
AbstractThe purpose of this study is to gauge the efficacy of protection orders for victims of domestic violence. The theoretical basis for this analysis is Johnson's (1995) theory that there exist two distinct forms of domestic violence: “common couple violence,” which consists of low-grade, mild abuse that is equally perpetrated by both men and women, and “patriarchal terrorism,” which involves severe mental and physical abuse that is used primarily by men to control their female partners. Based on Johnson's theory, it is hypothesized that protection orders will be less effective for women who experience patriarchal terrorism than for women who experience common couple violence. The results of this analysis indicate that the primary independent variable, that is, whether a woman experiences common couple violence or patriarchal terrorism, is not a good predictor of protection order violation. However, several secondary independent variables were found to be significant, including victim's race and employment status, as well as the couple's living arrangements at the time of the protection order. 相似文献
103.
Changes in government policy over the last two decades have seen the traditional goals of criminal justice, namely prosecution
and punishment, being replaced by an emphasis on prevention, fear reduction, security and harm reduction. During this time
domestic abuse has gained a place on the political agenda, which has resulted in legislative initiatives in the form of civil
protection orders across the U.K. which primarily focus on prevention but have also more recently begun to rely on the traditional
criminal justice responses should they fail to prevent further abuse. Drawing on international evaluations and a recent study
conducted in Scotland (the Scottish study), the article examines whether legislation in the form of civil protection orders
has the effect of curtailing the actions of abusers and if not, what occurs when the traditional criminal justice response
comes into play. The strengths of civil protection orders and some explanations for the weaknesses of these orders are considered
alongside the question of whether there is any value in women continuing to engage with the law in response to domestic abuse.
An erratum to this article can be found at 相似文献
104.
The Adoption and Safe Families Act: Proposing a “Best Efforts” Standard to Eliminate the Ultimate Obstacle for Family Reunification
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Brittany Lercara 《Family Court Review》2016,54(4):657-670
The Adoption and Safe Families Act of 1997 (ASFA) was enacted in an attempt to expedite the child's permanency plan by pushing for adoption of children in foster care. The ASFA requires the U.S. Department of Health to make reasonable efforts to reunify and preserve existing families while rewarding the states for increased adoption of foster care children. The ASFA was enacted to ensure the best interests of the child are to remain paramount, but in practice, the ASFA is furthering the best interests of the state. This Note proposes amendment of the ASFA to increase the obligation of the Department of Social Services (DSS) to make its best efforts to preserve and reunify the existing family unit, while also imposing a penalty if the DSS fails to do so. 相似文献
105.
Evaluation appointment orders provide enforceable scaffolding for conduct of family court parenting plan evaluations, and use of the evaluator's reports, feedback, file, and testimony. Unlike a contract, a stipulated or adjudicated appointment order is directly enforceable by the family court. It unambiguously positions the evaluator as the family court's appointee – answerable directly to the court and, in some jurisdictions, protected by quasi-judicial immunity from damages claims. A well-crafted appointment order governs the roles and expectations of the court, the evaluator, the parties, the lawyers, and the collateral witnesses. An appointment order mandates the legal duties, rights, powers, and responsibilities of the professionals, the parties, and the collateral witnesses. At minimum, an appointment order articulates the legal basis for the appointment, the purpose and scope of the evaluation, compensation of evaluator, and the duty of the parties to participate in the process. A written evaluation protocol or procedures statement discloses in advance the methods of investigation and assessment that the evaluator intends to use. Together, the appointment order and written protocol help the evaluator, lawyers, parents, and judge manage the complexity of the evaluation process. 相似文献
106.
Policing domestic violence is a complex area in which there are divergent views about the extent to which front line police action should be mandated by legislation and guidance. This study set in Victoria, Australia raised questions about the balance between discretion and compulsion in policing domestic violence through researching the implementation of the Code of Practice used to respond to domestic violence incidents. The project team interrogated aggregate data from the police database on family violence and also interviewed 125 police members (60 sergeants and 65 constables) to explore the attitudes to the Code of Practice and policing domestic violence. The findings reveal that discretion within a range of options is circumscribed. Variable understandings of the nature of domestic violence and the role of risk assessment and management suggest that constrained and guided discretion may be required to achieve optimum effectiveness in policing responses to domestic violence. 相似文献
107.
108.
王志华 《山西省政法管理干部学院学报》2010,23(1):21-23
行政命令与行政处罚是两种不同的具体行政行为,二者在实体上相互区分的同时,在程序上又相互联系,这种联系建立在二者都可针对相对人的违法行为作出的基础上,表现为程序上的排他关系、并行关系或优先关系,其中以命令前置为原则的程序优先关系是一种和谐的程序关系.它不仅体现了执法手段从轻到重的和谐,也体现了行政主体与行政相对人之间的和谐,构建这种和谐的程序关系对保障相对人的合法权益具有重要的意义。 相似文献
109.
Tim Friehe 《European Journal of Law and Economics》2008,26(2):175-185
This paper defies the widely held belief concerning the unambiguous superiority of negligence in settings of judgment proofness.
We analyze a set-up with bilateral harm, bilateral care, and potential judgment proofness by one party to the accident. We
establish that strict liability with a defense of contributory negligence can perform better than simple negligence and negligence
with a defense of contributory negligence. It is shown that the former liability rule can better establish a discontinuity
in individual costs conducive to inducing efficient care than the other rules.
相似文献
Tim FrieheEmail: |
110.
Passage of the Affordable Care Act (ACA) in the US increases demand for nurses and brings health care into the public sphere with all that entails, including public accountability and performance measurement. In the UK’s long-standing national healthcare system, revelations of several years of neglect and poor oversight at one hospital might have contributed to nearly 1,200 deaths. The resulting Francis Report cited, among many factors, undue emphasis on reaching national access targets and balancing budgets for substandard care. Scholars of emotional labor note these trends with interest, because emotional labor is essential to nursing practice. But is emotional labor a universal construct, or is it particular to cultural context? How much can be imported from one study to the next? We compare nurse job stress in individualist and collectivist countries and reveal a statistically significant relationship: The higher a country’s individualism index, the greater the frequency of emotional-labor-demanding job stress. 相似文献