Immigrant Social Workers and Transnational Practices: The Example of Latin Americans in Switzerland

This article explores how Latin American social workers living in Switzerland develop transnational practices in their professional and civic life. It focuses more particularly on the forms of support that these migrants provide to their societies of origin or to their immigrant compatriots through the activities they carry out either through their job, through their extra-professional commitments, or by combining these two dimensions of their existence. From interviews with 17 Latin American social workers, a typology of four forms of transnational commitment is suggested: local social work and transnational civic activity, professional transnationalism, transnational alternative professional exchanges, and “glocal” social work.     

国际民用航空组织争端解决机制司法化改革论析

1944年《芝加哥公约》第18章赋予国际民用航空组织理事会裁判与公约的解释与适用有关的国际争端的权能。但过往裁判实践表明,国际民用航空组织争端解决机制的结构性缺陷导致理事会司法功能未有效发挥。一方面,《芝加哥公约》第54条与第84条存在适用冲突,使得理事会在实践中更愿意以政治角色介入争端解决,导致《解决分歧规则》的司法效能被弱化。另一方面,理事会成员国代表司法能力不足且缺乏司法中立性,使得理事会对争端的解决难以提供高效的法律产出。国际民用航空组织应在2018年所启动《解决分歧规则》修订进程中对争端解决机制进行司法化改革,避免国际民用航空业沦为国际政治对抗的工具。     

Collusion and Facilitating Practices: A New Perspective in Antitrust Analysis

A systematic revision of the notion of facilitating practices is put forward in this paper, with the purpose of relaxing the long-debated tension between economic and legal perspectives on oligopoly. Whereas the law knows of just one collusive illegal conduct, namely agreements, in economic theory the focus on internal enforcement makes the distinction between agreements and other behaviour resulting in the collusive outcome irrelevant. However, the tension may be relaxed, at least in a number of relevant circumstances, provided the focus of competition law shifts from straightforward co-ordination on market strategies to the firms' concerted efforts in the design and implementation of given organisational arrangements of the oligopolistic industry, to which an anticompetitive object can be attached. The theoretical analysis is extensively supported by examples drawn from some recent decisions of the European Commission and the Italian Competition Authority.     

对警务实战训练的再认识

为适应新形势下公安工作的需要,积极探索构建符合公安实际的工作体系,一个时期以来公安部党委先后组织开展了＂全警大练兵＂、＂‘三基’工程＂、＂轮训轮值、战训合一＂等不同形式的着眼于公安工作和队伍建设的重大战略部署的教育训练活动,为基层公安机关教育培训的发展指明了道路。但是目前基层公安队伍教育训练效果无论是民警的实战水平、训练理念,还是训练的基础工作、教官应具备的能力等离公安部党委的要求还有较大差距,难以适应公安工作的发展需要。为此,结合当前公安民警培训实际,就警务实战训练中的对象、理念、工作、内容、教官等训练问题,进行深入地研究和探讨是非常必要的。     

Investigation Delayed Is Justice Denied: Proposals for Expediting Forensic Examinations of Digital Evidence*

Abstract: There is an urgent need to reduce the growing backlog of forensic examinations in Digital Forensics Laboratories (DFLs). Currently, DFLs routinely create forensic duplicates and perform in‐depth forensic examinations of all submitted media. This approach is rapidly becoming untenable as more cases involve increasing quantities of digital evidence. A more efficient and effective three‐tiered strategy for performing forensic examinations will enable DFLs to produce useful results in a timely manner at different phases of an investigation, and will reduce unnecessary expenditure of resources on less serious matters. The three levels of forensic examination are described along with practical examples and suitable tools. Realizing that this is not simply a technical problem, we address the need to update training and establish thresholds in DFLs. Threshold considerations include the likelihood of missing exculpatory evidence and seriousness of the offense. We conclude with the implications of scaling forensic examinations to the investigation.     

Evidence-based practice in group work with incarcerated youth

As a result of the Youth Criminal Justice Act's increased focus on restorative justice, treatment, rehabilitation, and reintegration of youth, many more juvenile offenders require mental health services while resident in youth detention facilities [Youth Criminal Justice Act (2002, c.1). Ottawa: Department of Justice Canada. Retrieved September 19, 2008 from http://laws.justice.gc.ca/en/Y-1.5]. Several common characteristics such as violence, aggression, and other antisocial behaviors, associated with criminal behavior, have been identified among male and female offenders. Dialectical behavior therapy, originally developed by Linehan [Linehan, M. M., 1993a. Cognitive–behavioural treatment of borderline personality disorder. New York: Guildford Press] for chronically parasuicidal women diagnosed with borderline personality disorder, has been successfully modified for use with other populations, including violent and impulse-oriented male and female adolescents residing in correctional facilities. The intent of this article is to encourage the wider use of dialectical behavior therapy (DBT) with young offenders. It includes an extensive review of the evidence-base to date and describes some of the creative modifications that have been made to standard DBT program format to meet the particular needs of various groups in both Canada and the United States. In keeping with the movement toward more evidence-based practice, the authors argue that DBT is a promising approach in group work with incarcerated adolescents and should be more widely used.     

司法证明标准与乌托邦--答刘金友兼与张卫平、王敏远商榷

真理是人们对客观事物的正确认识 ,但是并非所有正确认识都可以称为真理 ,只有那些反映事物之客观规律的正确认识才是真理。司法证明结果可以是对客观事物的正确认识 ,但是不属于真理的范畴。实践是检验真理的标准 ,但不是检验人的一切认识正确与否的标准。司法证明的标准 ,是指司法证明必须达到的程度和水平。司法证明的标准可以分为三个层次。如何建构这三个层次的证明标准体系 ,是当前我国证据制度改革的重要任务之一。     

Juvenile Justice in Pennsylvania: Mission‐Driven; Performance‐ Based; Outcome‐Focused

Since 1995, Pennsylvania's Balanced and Restorative Justice Mission has been the driving force behind Pennsylvania's reform and system improvement efforts. Pennsylvania has made strong and steady progress towards advancing this statutory mission and the related operational goals through policy, practice and programmatic enhancements over these past 20+ plus years. Three key events spurred forth this advancement: the legislative passage of Act 33 in 1995 that statutorily established the goals of Balanced and Restorative Justice (BARJ), the Models for Change Juvenile Justice Reform Initiative–Additional Reform Momentum (2004) and the Juvenile Justice System Enhancement Strategy–Evidence‐based Approach to the Reforms (2010).What follows is the story of how it all unfolded.     

The Juvenile Justice Reform Act of 2018: Updating the Federal Approach to Youth Involved,and At‐Risk of Becoming Involved,in the Juvenile Justice System

On December 21, 2018, the Juvenile Justice Reform Act was signed into law, marking the first update in 16 years to the Juvenile Justice and Delinquency Prevention Act of 1974, as amended. The reforms reflect much of the knowledge that has been gained through research and science over the past decade and strengthen the Act’s core protections for youth in the juvenile justice system. The changes also expand the Office of Juvenile Justice and Delinquency Prevention’s role in research, and technical assistance, and provide for additional oversight for related programs.