Using Rule 11 Sanctions to Punish Accusers Who Make False Allegations of Child Sexual Abuse in Custody and Divorce Cases

False claims of child sexual abuse negatively affect the accused parent and the child. Such false claims can be used to sway custody determinations and cause frivolous applications to the court. This Note proposes that courts impose sanctions, comparable to those set forth in Rule 11 of the Federal Rules of Civil Procedure, on litigants who make false claims of child sexual abuse.     

Bias in the Family: Race,Ethnicity, and Culture in Custody Disputes

This essay examines the role of racial, ethnic, and cultural bias in custody cases. It analyzes cases where the court explicitly considered the parents’ racial, ethnic, or cultural background and cases where the court did not acknowledge these factors but where it is clear from the court's opinion that biases influenced its decision. It then briefly describes the literature on implicit bias to demonstrate how biases may influence the assessments of custody evaluators, lawyers, and judges despite best efforts to make fair and impartial decisions. Drawing on studies suggesting that individuals can reduce their implicit biases and their effects on decision making, the essay explores individual strategies and institutional reforms to address bias in custody disputes.     

Concurrent and Across-Time Relations between Mother/Father Hostility and Children’s Aggression: A Longitudinal Study

This study examined the concurrent and across-time relations between father/mother hostility and child aggression in a sample of 523 (58.7% girls) primary and secondary school children. Data were collected over a period of 3 years, in which the children’s mean age was 11.1, 12.17, and 13.19 years old, respectively. Correlational analyses and cross-sectional and longitudinal structural equation models showed significant relations between parental hostility (both father and mother) and child aggression. These relations, which mainly concerned mothers, predicted future child aggression 1 and 2 years later. Child aggression and parental hostility also elicited each other, thus providing evidence for family socialization as an interactive process. This study have been supported by the Vicerrectorado de Investigación UNED as part of the Research Promotion Plan.     

目前社会视角下的政治权力架构透视

如何最佳地配置好中央和地方的权力关系问题历来是政治学家研究的重大课题。现从中西方政治权力划分的演变入手,探讨中国政治权力配置中存在的问题及原因,进而为改善政治权力配置提炼出有针对性的对策,以期为当前和谐社会视角下的中国政治体制改革提供参考。     

The Protection of Confidentiality in Australian Family Law

This paper identifies and discusses the legislative provisions which protect confidentiality in family law proceedings in Australia. The purpose of discussing these protections is two‐fold: firstly, to identify the scope and operation of these protections for Australian legal practitioners; secondly, to allow comparison of Australian protections to those offered in other jurisdictions. This paper will consider duties of confidentiality and evidential privileges in the context of settlement negotiation, mediation, arbitration, lawyer‐client relationships and medical, counselling and other therapeutic relationships. The rationale for the protection of confidentiality in some of these relationships and circumstances, but not in others, will also be considered in an attempt to understand why it is so.     

论实物证据的鉴真与鉴定——以美国法为参照的分析

鉴真是指确定实物证据真品性的证明活动,“两个证据”规定为鉴真提供了明确的法律渊源.实物证据不存在真实性推定、事实和二级事实的区分以及证据可采信的预备问题是鉴真的三大理论基础.鉴真和鉴定都是确定证据真实性的方法,鉴真是鉴定的前提和基础,鉴定是鉴真的必要延伸和补充,它们与最佳证据规则相结合,最大限度地保障了证据的真品性和真实性.我国应构造诉讼化的鉴真程序.     

Barack Hussein Obama: the use of history in the creation of an ‘American’ president

ABSTRACT

From the time of his nomination as the Democratic Party's 2008 presidential candidate onwards, Barack Obama was the target of a panoply of political attacks. Conservatives, Republicans and even some Democrats played on his alterity in a way that previous non-white political hopefuls, particularly the Reverend Jesse Jackson, had not had to endure. If the intricate twists and turns of Obama's past did not make those attacks particularly surprising, the way in which he chose to deal with them was. In what stands as a deliberate pre-emptive attack, Obama used two substantive texts, Dreams from My Father and The Audacity of Hope, to create and shape a historical narrative of his own past in such a way as to present himself to the US voting public as a truly American figure, worthy of the presidency. By the time he was running for high office, therefore, Obama had already used his knowledge of the discipline of history to create a usable past with which he and his supporters could denude many of those political attacks of their potency, whether they were focused on the years of his upbringing in an Islamic state, his familial ties to Kenya, his religious background or his purported links to radicalism.     

钱穆《刘向歆父子年谱》与现代疑古运动

钱穆的<刘向歆父子年谱>撰于1926年,是针对康氏之<新学伪经考>而发,而其旨归,则是对现代疑古思潮之诘难.在<年谱>中,钱穆以大量无可辩驳的史实批驳了上至康有为、廖平,下迄顾颉刚、钱玄同等人论述的牵强武断.<年谱>的学术意义对于我们今天重新认识两汉的今古文经之争具有重要的理论启迪意义,而它在当时的学术现实意义尤其值得重视.     

Rechtskonforme Beschlussfassung in der Eigentümerversammlung

Auch die Beschlussfassung in der Eigentümerversammlung als gesetzlich bevorzugte Form der Willensbildung wird vom WEG 2002 nur ausschnittsweise geregelt. Die bestehenden Vorschriften sind auslegungsbedürftig, der ungeregelte Bereich verlangt nach Anleihen aus dem Kapitalgesellschafsrecht.     

The Past and Future State of De Facto Parents in New York

Over the past two decades, the definition of “family” has expanded drastically. To address these changing family dynamics, many states have adopted de facto parent laws, which recognize a nonbiological or adoptive parent's right to petition for custody or visitation in strict circumstances. These laws differ drastically from state to state, leaving no common understanding of the requirements to be a de facto parent. Until recently, New York law refused to recognize de facto parents within the Domestic Relations Law, leaving New York as one of the only states without this important distinction. However, this year the Court of Appeals crafted a narrow exception to the rule and allowed for a de facto parent to petition for custody or visitation in extremely limited circumstances. This article proposes that the Court of Appeals’ decision was too restrictive and that New York should adopt a legal framework that reflects this new type of parent, while still recognizing public policy concerns.