历史法学派之借鉴与中国民法典制定之反思

在中国已进人大规模立法的今天，我们面临着法典化的强烈呼求，但也同时面临着法学发展的不完全与城乡二元的对立等障碍，如何应对这种矛盾，换言之，我们现在法典化是否过于仓促，就成了摆在整个转型期中国法学与立法者面前的、不可绕开的难题。200年前的德国，面对着四分五裂的各邦也同样有着这样的争论，其中最有影响的萨维尼与蒂博的论战，这场论争以萨维尼的反对仓促法典化的主张胜利告终，其立足点主要在于民族精神的尚未完成与法学发展的不完善。那么中国今天的大规模的立法，尤其是法典化运动，对此应该有所借鉴。     

高校行使学生身份处分权的行政法治问题——由当前高校集体退学事件引出的思考

近年来,高校连续发生的集体退学事件引起了社会的广泛关注。人们对高校身份处分权的认识不足和高校管理中行政法治的缺失是造成这一现象的主要原因。为了既尊重高校的办学自主权,又切实维护学生的受教育权,理论上应当将高校处分权区分为身份处分权和非身份处分权。实施身份处分权应当遵循行政法治原则。     

监狱和学校:基于福柯规训社会理论的比较研究

规训权力是介于法律规制和道德规制之间的微观权力,是维持现代社会秩序的特殊机制.现代监狱和学校通过规训机制完成社会化和再社会化目标,两者在建筑、规训权力作用点、惩罚权力和规训机制等方面均有相似之处.     

受贿罪立法比较研究

大陆法系、英美法系和中国大陆对受贿罪的规定各有特点,大陆法系一般在刑法典中规定受贿罪,注重体系性,英美法系则以单行立法规定,具有实用性。我国刑法对受贿罪的规定在某些方面同于大陆法系,但在罪名的完善和详备方面不如大陆法系和英美法系,在犯罪构成的严密性和科学性方面更是差别较大,客观上不利于对受贿罪的规制,不利于加强吏治建设,应当改进。     

货币流通速度理论与宏观经济政策选择——不同经济学学派对货币流通速度的认识及启迪

古典学派、凯恩斯主义和现代货币主义在货币流通速度理论上具有不同观点,它们构成了西方不同经济学流派在该问题上政策主张差异的理论渊源。我国在短期应利用凯恩斯主义的需求管理政策影响国民经济增长,长期应当注重经济增长环境建设。     

Implications of Out-of-School Activities for School Engagement in African American Adolescents

The connection between out-of-school activities and school engagement was examined in 140, 6th through 9th grade African American adolescents. Youth’s out-of-school activities were measured with a series of 7 nightly phone calls and focused on time in structured (homework, academically-oriented, extracurricular/sports) and unstructured (watching television, hanging out with peers) activities. School engagement was assessed during a home interview in terms of affective (school bonding), behavioral (school grades), and cognitive (school self-esteem) dimensions. Regression analyses controlling for parents’ education and youth grade in school showed that more time in extracurricular activities was associated with greater school self-esteem and school bonding. In addition, more time spent on homework was associated with greater school bonding for boys. Conversely, more time watching television was associated with lower school self-esteem and school bonding. Aryn M. Dotterer is a postdoctoral scholar at the Frank Porter Graham Child Development Institute at the University of North Carolina. She received her Ph.D. in Human Development and Family Studies from The Pennsylvania State University. Her major research interests include the development of and changes in school engagement and academic achievement among ethnic minority and low income youth from childhood through adolescence with an emphasis on parenting and family-school linkages. Susan M. McHale is a Professor of Human Development and Family Studies at The Pennsylvania State University. She received her Ph.D. in Developmental Psychology from The University of North Carolina at Chapel Hill. Her major research interests focus on children’s and adolescents’ family roles, relationships and activities with a particular emphasis on gendered family dynamics and youth’s sibling relationship experiences. Ann C. Crouter is a Professor of Human Development and Family Studies at The Pennsylvania State University. She received her Ph.D. in Human Development and Family Studies from Cornell University. Her major research interests focus on the implications of parents’ work situations for parents’ and children’s health, psychological development, and family relationships.     

Assessing the Prevention of Juvenile Delinquency: An Evaluation of a Court‐Based Delinquency Prevention Program

In 2002, the State of Ohio mandated juvenile courts to provide prevention for at‐risk youth. This study examined official court records to evaluate the effectiveness of a prevention program administered by the Greene County Juvenile Court. A sample of 362 youth referred to the program for the years 2002 to 2009 by concerned caretakers, teachers, and police was analyzed. Consistent with intake goals, 81.7% of clients were referred for at‐risk but not actually delinquent behaviors. Completion of the prevention program did not predict future court referrals, but neither did seriousness of referral behavior. Children with two biological parents were significantly more likely to complete the program, whereas referrals to Strengthening Families Program and substance abuse screening significantly predicted program noncompletion. Implications for policy and research are discussed.

Key Points for the Family Court Community:
• This article highlights efforts by county juvenile court to implement a secondary prevention program for at‐risk but not officially court‐referred youth.
• Delinquency prevention research depends on good juvenile court data and adequate comparison groups.
• Evidence‐based predelinquent interventions with external process and outcome evaluations should be the standard.

     

Explaining the failure of the ASEAN economic community: the primacy of domestic political economy

All reliable indicators suggest that ASEAN's (Association of Southeast Asian Nations) Economic Community (AEC) will not be successfully established by its 2015 deadline. Why? Against technocratic, realist and constructivist accounts, this article offers an explanation rooted in the political economy of ASEAN's member-states. Economic liberalisation agreements promote the rescaling of economic governance, involving regulatory changes that may radically redistribute power and resources. Consequently, they are heavily contested between coalitions of social and political forces, without outcomes reflecting the outcome of these struggles. The argument is demonstrated by exploring the uneven sectoral liberalisation achieved under the AEC, the constrained integration of ASEAN's energy markets, and the limited deregulation of skilled labour migration.     

Patrolling Public Schools: The Impact of Funding for School Police on Student Discipline and Long‐term Education Outcomes

As police officers have become increasingly common in U.S. public schools, their role in school discipline has often expanded. While there is growing public debate about the consequences of police presence in schools, there is scant evidence of the impact of police on student discipline and academic outcomes. This paper provides the first quasi‐experimental estimate of funding for school police on student outcomes, leveraging variation in federal Community Oriented Policing Services (COPS) grants. Exploiting detailed data on over 2.5 million students in Texas, I find that federal grants for police in schools increase middle school discipline rates by 6 percent. The rise in discipline is driven by sanctions for low‐level offenses or school code of conduct violations. Further, I find that Black students experience the largest increases in discipline. I also find that exposure to a three‐year federal grant for school police is associated with a 2.5 percent decrease in high school graduation rates and a 4 percent decrease in college enrollment rates.     

A reflection on the priorities of a data protection authority

Eric Howe, the first Data Protection Registrar, was setting up his Office about the same time as the first appearance in 1985 of this journal, whose distinguished editor Professor Saxby is now retiring. That is this author's excuse for looking back to the early years of United Kingdom data protection and reflecting on what a data protection authority is actually for. As this article hopes to make clear, using the early United Kingdom experience as an example, Data Protection Authorities are faced with an unclear role running the risk of creating false expectations among the general public. The author concludes that representations to government are often minimally effective and that with the limited resources available a DPA should give priority to encouraging compliance by data controllers and assisting individuals with a complaints resolution service.