论单位累犯

新刑法虽然规定了单位犯罪及其处罚的一般原则 ,但并没有设置单位累犯制度 ,文章认为有必要创设单位累犯制度 ,并就单位累犯的三个构成条件及单位累犯制度的一些特殊之处进行了探讨。     

Sex, Property Rights, and Divorce

This paper examines how differences in sex drives between husbands and wives affect bargaining strengths during marriage and particularly at times when divorce might occur. The basic argument follows from the fact that sex drives vary over an individual's life cycle, and are systematically different for men and women. The spouse having the lowest sex drive at any time in the marriage has a property right over whether or not sexual intercourse will occur, with a consequent increase in bargaining power at the margin. The paper derives a number of testable implications from its model, and, using several data sources, shows empirically how this difference affects marriage, adultery and divorce.     

MAKING A MOUNTAIN OUT OF A MOLEHILL: A LAW AND ECONOMICS DEFENSE OF SAME‐SEX FOSTER CARE ADOPTIONS

This article explores the methods by which homosexual partners can adopt children from foster care, primarily via the stepparent adoption method because most jurisdictions do not recognize same‐sex marriage or civil unions. In establishing that the children in foster care constitute a market not in equilibrium, I explore the significant barriers to entry that homosexual partners must overcome in order to adopt a child, including the biased rules of intestate succession, the inability of homosexuals to secure health insurance or other governmental subsidies for their nonbiological, adopted children, and the apparent misconception that homosexual parenting negatively affects the well‐being of the child. By deconstructing the barriers to entry in the foster care market for children, children will be afforded the opportunity to maximize their utility through permanency, and homosexual parents and the general public can maximize their utility through the reallocation of assets away from the foster care market, given that more children are likely to be adopted once homosexuals are granted unfettered adoption rights. The reallocation of assets away from the foster care market increases social efficiency, which is desired by all.     

CHILDREN OF SAME‐SEX PARENTS DESERVE THE SECURITY BLANKET OF THE PARENTAGE PRESUMPTION*

This article considers what rights are important to children of same‐sex couples, and concludes that these children must be protected by the presumption of parentage. In reaching this conclusion, the article first analyzes the limited protections currently provided to children of same‐sex couples. It then concludes that there is no persuasive reason to treat these children differently from children of “traditional” heterosexual marriage. As such, the parentage presumption should apply equally to children born of a same‐sex marriage, domestic partnership, or civil union, as well as to children who live with a same‐sex partner in a parent‐child relationship. Only with such broad protection can these children receive the economic and psychological support that they deserve.     

Aggregation effects on male-to-female arrest rate ratios in New York State, 1972 to 1984

The purpose of this paper is to assess the effects of data aggregation on a specification of the relationship between sex and arrest rate trends. The analysis focuses on the empirical implications when arrest data are aggregated across dimensions that are likely to affect the sex-crime relationship. The data for the analysis consist of 4,119,358 male and female adult arrests in New York State for the 13-year period ending in 1984. Results indicate that race, regional differences, and the legal seriousness of the arrest charge produce significantly different patterns of sex convergence across time. On the basis of these results, we suggest serious limitations in past analyses of female crime rates and in the value of Uniform Crime Report (UCR) data for addressing theoretically relevant questions concerning the social correlates of official crime.     

入世后我国金融业发展的机遇与挑战

根据入世承诺我国将逐步对外开放金融业,金融市场将呈现出竞争加剧的格局。入世带来的既有发展机遇也有挑战,一方面,入世将为我国金融业提高金融服务水平、促进金融创新与国际化发展等提供历史性机遇;另一方面,同国际上的先进国家或地区相比,我国的金融监管、金融创新、金融机构设置、金融风险控制等方面还存在一定的差距。     

武则天皇权及其合法性--兼论女性公共行政的魅力

本文运用人类文化学、行政学和历史学等学科研究方法对武则天皇权在其性别角色、皇权和公共行政等方面的合法性进行论述,以此展示女性公共行政的魅力以及在人类文化和公共行政领域所发挥的积极作用.     

女性教育与女性社会化之路

男女两性的不平等关系是长期存在的事实,教育是女性实现社会化、成为"社会人"从而获得男女平等权利的关键,但在男性中心文化灌溉下的教育,并不会产生出真正的两性平等。所以,应当通过新的女性教育来实现真正社会意义上的两性平等。     

Accuracy Rates of Sex Estimation by Forensic Anthropologists through Comparison with DNA Typing Results in Forensic Casework

A common task in forensic anthropology involves the estimation of the biological sex of a decedent by exploiting the sexual dimorphism between males and females. Estimation methods are often based on analysis of skeletal collections of known sex and most include a research‐based accuracy rate. However, the accuracy rates of sex estimation methods in actual forensic casework have rarely been studied. This article uses sex determinations based on DNA results from 360 forensic cases to develop accuracy rates for sex estimations conducted by forensic anthropologists. The overall rate of correct sex estimation from these cases is 94.7% with increasing accuracy rates as more skeletal material is available for analysis and as the education level and certification of the examiner increases. Nine of 19 incorrect assessments resulted from cases in which one skeletal element was available, suggesting that the use of an “undetermined” result may be more appropriate for these cases.