LISTEN TO ME! EMPOWERING YOUTH AND COURTS THROUGH INCREASED YOUTH PARTICIPATION IN DEPENDENCY HEARINGS

Currently, there are more than half a million youth in foster care. Often, these youth are unaware of when, or if, legal hearings about their lives are taking place. This Note advocates for states to pass laws ensuring that youth receive notice of their hearings and for courts to conduct review hearings when youth are not present. Through the course of this Note, the benefits of youth participation are outlined, as are the reasons most often given for denying youth the opportunity to meaningfully participate. The Note concludes with suggestions to help courts more effectively engage youth and the benefits of doing so.     

路径依赖与最低资本额安排

本文的核心话题是 :路径依赖下派生的我国有限责任公司最低资本额规制是否妥当 ,何种规则模式下的安排 ,方为最优。文章暗含结论是 :单维地强化最低资本额规则 ,来求解债权人利益保护 ,并非良策。一个信用社会下的配套规则安排 ,方为最佳。     

法律的驯化与内生性规则

法律应该被遵守。但遵守既可能来自守法者对义务的自觉，也可能来自守法者所感受到的制裁威胁。当守法主要源于威胁时，社会就会被撕裂为施法者与守法者两个相互对抗的阵营，法律也会成为暴政与奴役的工具。结合传统中国的某些思想资源、哈特的规则理论以及哈贝马斯的沟通行为理论，尝试弥合在守法行为中从“被威胁”到“有义务”之间的鸿沟，是内生性规则的理论诉求。     

The government of self-regulation: on the comparative dynamics of corporate social responsibility

Abstract

This paper explores the relationship between corporate social responsibility (CSR) and government. CSR is often viewed as self-regulation, devoid of government. We attribute the scholarly neglect of the variety of CSR-government relations to the inadequate attention paid to the important differences in the way in which CSR has ‘travelled’ (or diffused), and has been mediated by the national governance systems, and the insufficient emphasis given to the role of the government (or government agency) in the CSR domain. We go on to identify a number of different types of CSR-government configurations, and by following empirically the CSR development trajectories in Western Europe and East Asia in a comparative historical perspective, we derive a set of propositions on the changing dynamics of CSR-government configurations. In particular, we highlight the varied role that the governments can play in order to promote CSR in the context of the wider national governance systems.     

突破与超越:《侵权责任法》产品后续观察义务之解读

《侵权责任法》第46条确立了我国产品的后续观察义务。这一制度的确立符合社会安全和公平正义的理念。然而,由于缺乏相关的解释,该条在适用中将与产品质量法中的发展缺陷免责条款存在冲突,第46条可以认为是对发展缺陷免责条款的修正。另外,违背后续观察义务所产生之产品责任应遵循无过错责任原则,侵权责任范围不应包括惩罚性赔偿。     

撕脱骨折与永存骨骺、籽骨、副骨的影像学鉴别

目的探讨撕脱性骨折与永存性骨骺、籽骨、副骨的影像学鉴别办法。方法回顾性分析了14个要求重新鉴定是否存在骨折的案例,观察撕脱性骨折的直接、间接征象,并结合其发生机制与永存性骨骺、籽骨及副骨的固有形态、特点等进行对照。结果所选案例中有2例永存性骨骺、3例籽骨、3例副骨均具有骨块边缘钝圆、骨皮质连续、局部软组织未见肿胀以及伤后该骨的连续摄片无明显变化等共同特征。结论正确掌握撕脱性骨折、生理性小骨骺、籽骨及解剖变异的副骨的特点,并综合运用影像学资料是鉴别撕脱性骨折的基本要素。     

BARRIERS TO REUNIFICATION FOR INCARCERATED PARENTS—A JUDICIAL PERSPECTIVE

Within the child welfare system, going to jail does not automatically mean losing your children. As the number of incarcerated parents rises, California dependency bench officers are looking at the effects incarceration has on parents seeking to reunify with their children. The California legislature passed legislation allowing a dependency judicial officer to consider the effect incarceration has on parents' performance and to grant additional reunification if a parent's progress is hindered by incarceration. In Los Angeles County, the Incarcerated Parents Working Group was specifically created in 2009 to look at the services available to incarcerated parents and what barriers these parents face in their efforts to reunify. Additionally, the working group has created judicial training on this subject for their bench officers and for other judicial officers throughout the state.     

Failing to tell friend from foe: A comment on Wijn et al. (2017)

Behavioural observation programmes are becoming increasingly popular at transportation hubs, sporting events, and other large crowd gatherings. Premise of these programmes is that malicious intention can be accurately deduced from observable behaviour. In a recent article published in this journal, Wijn et al. (2017, Legal and Criminological Psychology, 22, 378–399.) conclude that environmental cues improve the correct detection of participants with malicious intent. This conclusion can and will be interpreted as support for behavioural observation programmes. In this comment, we argue that Wijn and colleagues draw a fundamentally wrong conclusion from their data. What their data show is that malicious intentions could not be detected in any of the conditions. Their findings can therefore not be conceptualized as evidence for behavioural observation programmes. Rather, they add to the growing critique voiced towards such programmes.     

Analyzing the Psychological and Social Contents of Evidence—Experimental Comparison between Guessing,Naturalistic Observation,and Systematic Analysis

To improve inferences about psychological and social evidence contained in pictures and texts, a five‐step algorithm—Systematic Analysis (SA)—was devised. It combines basic principles of interpretation in forensic science, providing a comprehensive record of signs of evidence. Criminal justice professionals evaluated the usefulness of SA. Effects of applying SA were tested experimentally with 41 subjects, compared to 39 subjects observing naturally (naturalistic observation) and 47 subjects guessing intuitively intuitive guessing group. After being trained in SA, prosecutors and police detectives (N = 217) attributed it a good usefulness for criminal investigation. Subjects (graduate students) using SA found significantly more details about four test cases than those observing naturally (Cohen's d = 0.58). Subjects who learned SA well abducted significantly better hypotheses than those who observed naturally or who guessed intuitively. Internal validity of SA was α = 0.74. Applying SA improved observation significantly and reduced confirmation bias.     

The Policy Effects of Internationalization: A Subsystem Adjustment Analysis of Policy Change

This article contributes to a better understanding of contemporary policy analysis and management by setting out the parameters for analyzing policy change induced by internationalization. It first maps the dynamics of policy change in domestic settings and then explores how internationalization has affected the dynamics identified. The central proposition of the article is that internationalization promotes the restructuring of policy subsystems in such as way as to form hospitable circumstances for swifter and deeper policy changes than would otherwise be the case. However, the analysis suggests that this is a two-stage process in that once its initial impact is felt, internationalization serves to entrench and stabilize reconstructed policy systems, thus constraining the scope for further change.