女性主义法学方法的实案分析

虽然对女性主义方法论的批评和质疑很多,但是作为一种追求性别平等的法律方法,女性主义方法仍不失为一种思考的视角。任何法学方法,最后都是为了案件得到正确判决,因此本文目的不在于提出理论,主要是结合美国宪法案件来分析女性主义方法在案件中的实际运用。由于中国的历史和文化传统中女性通常是"不在场"的,虽然宪法明文规定男女平等,但是司法实践中不平等却时有发生。笔者希望通过介绍女性主义方法能给出一些启示。     

浅析治安案件的证据收集

治安部门的现场执法活动是一种特殊的治安行政管理行为。行政权的独立性和权威性,使得治安管理机关在执法活动中对证据的收集、确认、使用不像刑侦部门那样规范。对于广大民警来说,需要进一步强化证据意识和学习证据方面的法律法规,靠证据说话,否则会授人以柄。治安管理工作的一个重要环节就是对违反治安管理行为给以行政（治安）处罚,而处罚的核心就是要用证据证明案件的事实,并以此作为处罚的事实依据。     

浅析案例教学在警察人才培养过程中的意义和作用

由于警察工作的特殊要求,使得其对警察教育提出了更高的要求,即不仅要求警察院校的学生具备扎实的专业理论知识,更强调其专业技能和综合素质的养成。案例教学作为一种知识传授与能力养成相结合的教学方法,其在现代警务人才培养中具有独特的作用和意义,因此,各警察院校应结合自身实际,有针对性地进行案例教学的研究、探索和实践,不断提高警...     

民事送达制度若干问题探讨

民事送达已经成为妨碍民事诉讼程序正常进行、制约审判效率、影响当事人权利实现的难题。借鉴两大法系送达制度,结合我国新修订的民事诉讼法和审判实践,我国的民事送达制度在送达原则、送达主体及送达方式等方面应当予以完善。     

Examining Prosecutorial Discretion in Federal Criminal Cases: Legal and Extra-Legal Determinants of Declination and Charge Change Decisions

Abstract

From 2000 to 2010, the federal criminal caseload increased roughly 50% with a large portion of this increase attributed to the rise in immigration prosecutions. These changes coupled with recent Supreme Court decisions rendering the guidelines advisory have renewed calls for research examining prosecutorial discretion, particularly with respect to the influence of legal and extralegal factors on charging and bargaining decisions. This study utilizes data (2002–2010) from the Federal Justice Statistics Program database housed within the National Archive of Criminal Justice Data (NACJD). More specifically, the current research examines prosecutorial decisions to decline to charge federal arrestees and to make any changes to the charge from the arresting offense. Results from the multilevel, multivariate models reveal that both extra-legal and legal factors were influential of these decisions. Disaggregated models also revealed considerable variation across different offense types. Finally, districts with higher caseloads had lower odds of a prosecutorial declination and charge change.     

International advocacy for contract-based public private partnerships through case studies: a re-interpretation of Southern Cross Station,Melbourne

In response to urban infrastructure deficits, international organisations, such as the United Nations, encourage governments to harness private finance. Contract-based Public Private Partnerships (PPPs) represent one policy option enabling infrastructure to be privately financed and constructed, and for service provision to occur. With PPPs also a contested policy option, private sector policy intermediaries advocate for their adoption, including through the selective promotion of case studies. In recognition that favourable case study narratives may leach out local context, a multi-dimensional analytical framework is introduced distinguishing between de-institutionalised, aspatial, non-historical, uncritical and non-futuristic perspectives. Recently the private sector-led World Economic Forum published ‘Harnessing Public-Private Cooperation to Deliver the New Urban Agenda’, which reported upon the PPP-led development of Spencer Street (or Southern Cross) Station in Melbourne, Australia. In deploying the framework, this paper concludes that case study narratives can be reductionist and locally detached in various ways. The role of policy intermediaries in the transfer of policy information therefore requires carefully interpretation, not least because of the malleable use of case studies to reveal desired conclusions.     

Crucial Factors in Implementing Radical Policy Change: A Comparative Longitudinal Study of Nordic Central Agency Relocation Programs

Abstract

Why do public policies succeed or fail? The aim of this article is to contribute to answering this enduring research question in policy research through a comparative study of the variable efforts by Nordic governments to relocate their central agencies from the capital regions over a period of several decades. This was a radical redistributive policy program premised on a policy instrument – coercion – which was very alien to political systems characterized as consensual democracies. Hence, it is no surprise that only two out of seven relocation programs of any substance were successful. The really intriguing research question here is how any relocation program was achievable at all in a policy context where this was very unlikely. A broadly based multi-theoretical analytical framework linking interest groups, institutions, human agency in the form of policy entrepreneurship/design and situational factors is employed to solve this research puzzle. Findings from this study offer important contributions to the following research fields: comparative public policy, radical policy change and most specifically the so-called third generation of public policy implementation research.     

Retrograde venous cerebral air embolism from disconnected central venous catheter: an experimental model

There are few reported cases of death attributed to retrograde cerebral air embolism from central venous catheter. The pathophysiological mechanism and the necessary conditions are not fully understood, also because of missing experimental data. We performed experimental simulation while working on a possible case of retrograde cerebral air embolism. A hermetic system consisting of two containers connected to each other and to an electric pump by means of rubber hoses was built. In this system, a fluid (water and blood) could continuously flow under conditions similar to those of the common jugular vein. The part of the system representing the jugular vein could be freely positioned at angles between 0 and 90°. A central venous catheter was inserted into this part. After disconnection, the behavior of the air bubbles entering the hose through the tip of the catheter was evaluated at different positions. At angles between 0 and 45°, the air bubbles followed the fluid flow. At angles >45°, the air bubbles showed the tendency to flow upstream; this phenomenon was more evident the more vertically the hose was located. We were able to demonstrate that a retrograde air embolism can be caused by a disconnected catheter and is even more likely if the neck is in a vertical position.     

Theory and the scientific basis for forensic anthropology

Forensic anthropology has long been criticized for its lack of a strong theoretical and scientific foundation. This paper addresses this problem by examining the role of theory in forensic anthropology at different hierarchical levels (high-level, middle-range, and low-level) and the relevance of various theoretical concepts (taphonomic, agency, behavioral archaeology, nonlinear systems, and methodological theories) to the interpretation of forensic contexts. Application of these theories to a case study involving the search for the WWII Goettge Patrol illustrates the explanatory power these theories offer to the interpretation of forensic events as the end product of an often complex set of environmental constraints and behavioral interactions and choices. It also emphasizes the importance of case studies in theory building and hypothesis testing. A theoretical foundation does indeed currently exist in forensic anthropology; however, a recognition and broader implementation of anthropological (archaeological) theory is warranted and will further define forensic anthropology as a scientific endeavor.     

THE EMERGING FORENSIC ROLE FOR WORK PRODUCT REVIEW AND CASE ANALYSIS IN CHILD ACCESS AND PARENTING PLAN DISPUTES

An emerging forensic service is that of conducting a work product review of a court‐appointed child custody evaluator's evaluation and report. If the reviewer determines there are serious deficiencies in the work product, then the reviewer will provide consultation to the retaining attorney and expert testimony. The reviewer usually is in a hybrid role of consulting/advising the retaining attorney, testifying, and educating the court. Ethical issues in providing forensic services and rebuttal testimony as a reviewer are discussed. Both reviewers and evaluators have a duty to be objective and balanced in their analyses of data and issues. Both types of experts should strive to be helpful to the court and try to serve the best interests of children. Ethical nuances involving review work are discussed. Evaluator and reviewer share the same dataset. Evaluators need to take care to keep a high quality case record with legible interview notes. Reviewers provide a monitoring function for the court or a function of forensic quality control so the court will not be misled by expert testimony of evaluators that is based on flawed data collection and/or analysis. A list of questions is presented for reviewers to use in scrutinizing the quality of the custody evaluation. A list of questions is presented for examining the quality of the reviewer's own work product. The importance of a case analysis and use of conceptual frameworks by evaluators and reviewers is discussed.