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91.
Leon CS 《International journal of law and psychiatry》2011,34(3):177-185
The U.S. has dramatically revised its approach to punishment in the last several decades. In particular, people convicted of sex crimes have experienced a remarkable expansion in social control through a wide-range of post-conviction interventions. While this expansion may be largely explained by general punishment trends, there appear to be unique factors that have prevented other penal reforms from similarly modulating sex offender punishment. In part, this continuation of a “penal harm” approach to sex offenders relates to the past under-valuing of sexual victimization. In the “bad old days,” the law and its agents sent mixed messages about sexual violence and sexual offending. Some sexual offending was mere nuisance, some was treatable, and a fraction “deserved” punishment equivalent to other serious criminal offending. In contrast, today's sex offender punishment schemes rarely distinguish formally among gradations of harm or dangerousness. After examining incarceration trends, this article explores the historical context of the current broad brush approach and reviews the unintended consequences. Altogether, this article reinforces the need to return to differentiation among sex offenders, but differentiation based on science and on the experience-based, guided discretion of experts in law enforcement, corrections, and treatment. 相似文献
92.
Ida Madieha AzmiAuthor Vitae 《Computer Law & Security Report》2011,27(4):394-401
Bioinformatics refers to the practise of creation and management of genetic data using computational and statistical techniques. In Malaysia, data obtained from genomic studies, particularly for the purpose of disease identification produces a tremendous amount of information related to molecular biology. These data are created from DNA samples obtained from diagnostic and research purposes in genomic research institutes in Malaysia. As these data are processed, stored, managed and profiled using computer applications, an issue arises as to whether the principles of personal data privacy would be applicable to these activities. This paper commences with an illustration of the salient features of the Personal Data Protection Act 2010. The second part analyses the impact of the newly passed Personal Data Protection Act 2010 on the collection of DNA sample, the processing of data obtained from it and the profiling of such data. The third part of the paper considers whether the various personal data protection principles are applicable to the act of DNA profiling and the creation of bioinformatics. 相似文献
93.
杨楠 《辽宁公安司法管理干部学院学报》2011,(4):87-88
家庭暴力这一带有普遍性的丑恶现象,是一个全球性的社会问题。家庭暴力侵害着妇女的身心健康、破坏家庭和睦、危害社会稳定,为社会所不容。本文将从李阳家庭暴力事件入手,分析我国家暴立法和执法中的不足,简要分析我国与其他国家在处理家暴问题上存在的差距,就如何预防和制止家庭暴力作简单的探讨,呼吁全社会对家庭暴力问题的共同关注和协助,共同来预防和消除家庭暴力。 相似文献
94.
Garrie Daniel B.; Wong Rebecca 《International Journal of Law and Information Technology》2007,15(2):129-152
The article considers the subject of clickstream data from aEuropean/US perspective, taking into account the Data ProtectionFramework (Data Protection Directive 95/46/EC; Directive onPrivacy and Electronic Communications 2002/58/EC) and the USlegal framework and in particular, the Wiretap Act U.S.C. 2701(2004) and related statutes. It examines the extent to whichclickstream data is considered "personal data" within the DataProtection Directive and the implications to consumers and businesses. 相似文献
95.
Christopher Rodgers 《The Modern law review》2010,73(3):461-486
The Commons Act 2006 is the first statute since the Commons Registration Act 1965 to address the problems associated with the management of common land in England and Wales. A key focus for the 2006 Act is the introduction of mechanisms for the sustainable management of common land, including self‐regulatory commons councils. This article examines the ‘sustainable’ management of common land in historical and contemporary perspective. It sets the 2006 Act, and the sustainable management of common land, in the wider context of the ongoing debate triggered by Hardin's ‘Tragedy of the Commons’ and subsequent institutional and post‐institutional scholarship on common pool resource management. It uses historical and qualitative research data drawn from three case studies to demonstrate the irrelevance of Hardin's thesis in an English context, and identifies the Commons Registration Act of 1965 as the true ‘tragedy’ of the English and Welsh commons. The case studies also illustrate the challenges posed by the introduction of legal mechanisms to promote the ecologically sustainable management of the modern commons, and inform the critique of the Commons Act 2006 developed in the article. 相似文献
96.
This article examines the two most influential international initiatives on electronic signatures (UNCITRAL’s 1996 Model Law on Electronic Commerce and the 1999 EU Electronic Signature Directive). It considers whether the legislative approaches in Australia and the United Kingdom based on these initiatives are helpful in deciding whether lower level signature methods such as simple email messages are likely to satisfy a legal requirement for a signature. The conclusion reached is that they are unhelpful. The article goes on to consider whether legislative amendments based on UNCITRAL’s 2001 Model Law on Electronic Signatures or the 2005 UN Convention on the Use of Electronic Communications in International Contracts would improve the identified weaknesses. It concludes that such an update would clarify some issues, but that overall it will not solve the difficulties. The article ends with a brief speculation on the likely attributes of a more helpful approach. 相似文献
97.
揭示明确暴力手段的内涵,应当注意把握其基本特征。暴力手段的主观特征包括故意性、目的性两个方面,客观特征包括作为性、强制性、对象性三个方面。 相似文献
98.
《International Journal of African Renaissance Studies - Multi-, Inter- and Transdisciplinarity》2013,8(2):79-95
Abstract Under article 3(q) (Objectives) of the Protocol on Amendments to the Constitutive Act of the African Union, we read the following: ‘invite and encourage the full participation of the African Diaspora as an important part of our continent, in building the African Union (AU)’. According to the AU, ‘The African Diaspora are peoples of African descent and heritage outside the continent, irrespective of their citizenship and who remain committed to contribute to the development of the continent and the building of the African Union’. Not only is this posture entirely consistent with the African development agenda and Renaissance, but it is also congruent with the recent and first-ever AU African Diaspora Summit which was convened on Friday, 25 May 2012, at the Sandton Convention Centre, Johannesburg. This is so because the Summit provided us with an excellent opportunity to continue to reflect on, and engage with, issues relevant to the development of the continent and, by extension, its multilingual and globally dispersed Diaspora. In this public lecture, it is argued that the current Amendment to the Constitutive Act of the AU in which the African Diaspora is now considered the sixth Region of the AU – an Amendment which has not yet been ratified by the requisite number of African states and one which might still be in need of some degree of disambiguation – provides the framework within which some fundamental and reciprocal benefits can be derived from an ongoing interaction between Africa and its Diaspora – especially its Older or Historic Diaspora. In essence, it is my contention that the principal reciprocal benefits that can accrue from this interaction between Africa and its Diaspora might best be captured in the language of pan-Africanisation and re-Africanisation respectively. 相似文献
99.
Findlay Stark 《The Modern law review》2013,76(2):346-369
This paper discusses the Scottish Law Commission (SLC)'s Report on Similar Fact Evidence and the Moorov Doctrine, which proposes revolutionary changes to the way in which Scots law deals with evidence of the accused's bad character, including his previous convictions. The article sets these proposals in context by explaining the existing Scots law, and comparing it to the English provisions on bad character evidence contained in the Criminal Justice Act 2003. This comparison reveals similarities between the responses of the two jurisdictions. It is remarkable that the SLC did not consider English law to be a viable model for reform, choosing instead to propose legislation which would simply deem certain pieces of bad character evidence relevant in criminal trials. The second part of the paper explains why these proposals should not be implemented. 相似文献
100.
Nigel Curry 《Local Government Studies》2013,39(3):345-366
The literature that explores relationships between lay and professional stakeholders in community participation generally suggests that professionals perceive five main difficulties in working with lay people: it is unnecessary within democracies; lay people lack expertise; they are not representative; there is commonly a lack of trust, and decision-making is made more complex. In respect of spatial planning in South West England, from survey evidence these difficulties are not so apparent except in respect of complex decision-making. It is likely that the variation between the literature and the survey is influenced by the longer heritage of community participation in the spatial planning process in England, than in most other local authority services. 相似文献