Adopting (in)equality in the UK: the Equality Act 2010 and its impact on charities

This article considers the relationship between the Equality Act 2010 and the Charities Act 2011 (in Scotland, the Charities and Trustee Investment (Scotland) Act 2005) in the context of adoption by same-sex couples and the complex exceptions to the Equality Act that charities may be able to rely upon in order to continue to discriminate. It concludes that the law is confusing to the point of opacity, to the detriment of those seeking to exercise their rights and those called on to adjudicate conflicts.     

Radicalisation theories,policing practices,and “the future of terrorism?”

This article explores how theories of radicalisation have placed an emphasis on the development of an indicators-based approach to identify individuals who might engage in politically motivated violence. We trace how policing agencies have juxtaposed the search for indicators as a defence against criticisms of racial profiling. However, through an analysis of Canadian counter-terrorism training programmes, we demonstrate that the search for radicalisation indicators reaffirms pre-emptive and discriminatory security practices. We insist that despite efforts to theorise radicalisation outside of the practices of the “war on terror”, current trends risk rationalising prejudicial policing that affirms social exclusion and injustice.     

我国就业歧视现状及立法缺陷与完善

我国劳动力市场的特殊国情决定了我们不能生搬硬套西方的反就业歧视立法。只有在深刻理解我国就业歧视现实状况的基础上,才能正确理解我国反就业歧视立法的缺陷所在,才能提出有效消除我国就业歧视的法律建议,构建切实有效的反就业歧视立法体系。     

Mandatory Reporting of Sexual Misconduct at College: A Critical Perspective

ABSTRACT

Many universities and colleges now require all “responsible employees,” including faculty, to report known or suspected sexual misconduct to designated Title IX administrators. The intention of these mandatory reporting policies is to ensure institutional accountability and compliance with Title IX’s prohibition against sexual and gender-based discrimination. Yet, critics argue that such policies are overreaching, paternalistic and, ironically, discriminatory. Drawing from prior research on sexual victimization and original exploratory data on gender-based college harassment, this article provides a critical perspective that delineates both the intended goals and unintended consequences of Title IX’s mandatory reporting policies, specifically focusing on three overlapping issues: ambiguous definitions, reporting risks, and faculty’s role in disclosure. We conclude by proposing alternative strategies for achieving Title IX’s objectives.     

Polanyi in Brussels or Luxembourg? Social rights and market regulation in European insurance

The decision of the Court of Justice of the European Union to ban sex discrimination in insurance has shown the potential reach of the principle of non‐discrimination. This paper discusses the different positions taken by participants in the policy process leading up to the decision, in order to reveal the potential and limitations of non‐discrimination as the basis for market‐regulatory social policy. It is shown that the European Commission's initial support for prohibiting insurance discrimination faltered with the realization that the measure would have little efficacy as a distributive social policy. It was left to the Court to assert that non‐discrimination rights are constitutive for European markets, regardless of their functional and instrumental limitations. The Court's focus was on the market‐integrative potential of rights as sources of norms for the conduct of insurance relationships. It is argued that this form of constitutive regulation is distinct from distributive social policy as it does not require that outcomes are egalitarian, but, rather, that the processes governing market relations should respect fundamental rights.     

论煽动民族仇恨、民族歧视罪

我国刑法第 2 4 9条规定了煽动民族仇恨、民族歧视罪 ,文章对本罪的构成特征、法定刑、刑罚适用的指导原则、处理本罪时应当注意的问题进行了论述。同时 ,对我国刑法中规定的煽动民族仇恨、民族歧视与《消除一切形式种族歧视国际公约》中规定的种族歧视犯罪进行了比较 ,提出了完善我国煽动民族仇恨、民族歧视罪的建议     

基于红外光谱无损区分可擦中性笔墨水色痕的研究

可擦中性笔墨水色痕形成文件的检验是目前法庭经常遇到的问题,建立一种简便、灵敏、快速、定性准确的区分可擦中性笔墨水色痕种类的方法是当前公安实战部门所需要的。研究中利用红外显微镜,采用单点模直接采集可擦中性笔墨水色痕的红外光谱。实验结果表明,根据样品红外吸收光表征的红外吸收峰的位置、数目、强度及形状可将不同品牌的可擦中性笔墨水色痕区分开来。     

技术侦查概念辨析

技术侦查是指侦查机关为侦查特定犯罪案件的需要,经过严格的审批手续,通过特定的技术设备或高科技手段,秘密获取与犯罪有关的情报信息与犯罪证据的一种特殊的侦查行为。其具有法律上的程序性、应用上的秘密性、实践上的特定性、时间上的顺延性、证据上的客观性、主观上的强制性和专业上的技术性等特征,与侦查技术、秘密侦查、技术侦察及特殊侦察等手段在行为实施主体、工作任务、工作范围、具体分类、规范表达、法律界定等方面具有明显的差别。     

Why weren't (many) European women ‘missing’?

In a 1990 article, Amartya Sen observed “More than 100million Women … Missing” from the populations of parts of south and east Asia. Direct observation and census data suggested that gender ratios deviated sufficiently from what is known to be normal in modern human populations to suggest that the phenomenon was not random. Researchers have explored major proximate causes of “missing” girls and women such as female-selective abortion, routine neglect of young girls in their families including differential access to modern medical care, and even infanticide. This article uses Sen's work and the research of others on Asia to compare with evidence of the disadvantaging or even “mortal neglect” of girls and women in Western European society in the early modern and modern periods — roughly from the sixteenth to the nineteenth centuries. It argues that the current state of the evidence suggests little support for similar gender-specific forms of mortal neglect in Western Europe. It explores why this may have been so, using evidence from economic, social, demographic and religious life.