TRANSFERRED JUVENILES IN THE ERA OF SENTENCING GUIDELINES: EXAMINING JUDICIAL DEPARTURES FOR JUVENILE OFFENDERS IN ADULT CRIMINAL COURT*

This study contributes to contemporary research on the punishment of juvenile offenders in adult court by analyzing the use of guidelines departures for transferred juveniles in two states, one with presumptive sentencing guidelines (Pennsylvania) and one with voluntary guidelines (Maryland). Propensity score matching is first used to create more comparable samples of juvenile and young adult offenders, and then Tobit regressions are employed to estimate the effect of juvenile status on the likelihood and length of departures. Our findings indicate that juvenile status significantly affects the use of upward departures in Pennsylvania, and the use of both downward and upward departures in Maryland. Judicial reasons for departure are examined to provide additional insight into the complex dynamics surrounding exceptional sentences for juvenile offenders sentenced in adult court.     

论我国经济贸易仲裁机构制度的改革与完善

在国际商事仲裁立法理论与实践上,仲裁机构不仅包括常设仲裁机构,而且也包括临时仲裁机构。我国现行仲裁法并未就临时仲裁作出规定,这是我国在立法制度上的缺憾。认为,随着经济全球化和国际服务贸易的发展,为了在对等原则上通过仲裁方式解决国际经济贸易合同争议,我国仲裁法应当承认临时仲裁在我国仲裁制度中的法律地位。     

Punishment in Indian Country: Ironies of Federal Punishment of Native Americans

Native Americans are US citizens, but they are also tribal nationals subject to complex and unique criminal jurisdiction arrangements over Indian lands. Tribal nations typically have tribal court jurisdiction over less serious crimes, but for serious crimes the federal justice system often supersedes tribal authority, exposing Native Americans to more severe punishments. In addition, recent federal programs have attempted to foster greater tribal/federal criminal justice coupling. Yet, examinations of criminal punishment of Native Americans are few, and most are outdated and/or of very limited generalizability. We examine the punishment of Native American defendants in federal court, focusing on 28 federal districts with substantial Indian presence. Using recent US Sentencing Commission data, as well as contextual data from the Bureau of Indian Affairs and tribal courts, we focus on differences in the federal sentencing of Native American defendants, and how these differences are conditioned by indicators of tribal-federal criminal justice coupling.     

广告文化的性别建构问题分析

广告文化带有鲜明的性别属性,而两性也被广告文化所规定,接受广告信息并依此而进行的消费活动实际上成了“性别训练”,在整体上并不客观的性别展示只会歪曲人们的性别意识。广告文化对女性的贬损表现在对女性主体性和独立性的否定,女性形象在广告文化中被物化了。广告文化所建构的女性典范形象在现代广告传媒的推动下很容易成为某一特定地区团体的经验,最后形成一种类型化的社会性格。这要求女性保持独立的、自主的意识,正视造成性别差异的文化结构,透析男权意识形态对广告文化的支配法则,并拆穿广告文化所散布的性别迷思,只有这样,才有可能颠覆广告文化所建构的不平衡的两性权力结构,帮助女性摆脱男权社会的宰制,实现性别构成和性别特质的多种可能性。     

Credible Empowerment and Deliberative Participation: A Comparative Study of Two Nuclear Energy Policy Deliberation Cases in Korea

What factors make deliberative participation of public policy effective? Why, in some cases, are participants in deliberation more motivated than others, and reach their final judgment in a timely manner, based on systematic processes of opinion gathering and consensus building? By comparing and investigating two recent cases of public participation in energy policy deliberation in Korea, we argue that deliberative participation is more effective when the prospect that the outcome of their activities might be accepted by decision makers is high. The two cases, the public deliberation committee (PDC) on the nuclear waste issue which operated from 2013 to 2015, and the PDC on the nuclear power plant construction issue which operated in 2017, show that they went through similar courses of action, and used similar methods for deliberation. However, while the 2017 PDC has produced clear‐cut policy recommendations, and the government have accepted these, the 2013 PDC failed to reach conclusions on the given critical issues. We argue that the difference in the results is caused by credible empowerment along with two other factors––the sensitivity of issues and the learning effect. Participants of deliberation tend to judge the possibility of the government’s acceptance of their opinions based on either the government’s direct announcement or its inclusiveness in the past policy history. If governments are willing to consult the public to increase legitimacy and transparency, they should send explicit signals to the public on its inclusiveness in the short term, and also should increase credibility in the long term.     

关于我国群体性事件的几点思考

文章对我国群体性事件从几个不同的截面进行了剖析：从科学稳定观分析了群体性事件发生的必然性,分别从民主政治、行为学、历史视角对群体性事件的起因、行为过程以及危害性作了探讨,从综合分析的办法入手提出了解决群体性事件的“四字”方针。     

Electric Shock: The 2012 India Blackout and Public Confidence in Politicians

How do disruptions in basic public service delivery shape people’s perceptions of politicians? We offer evidence from the July 2012 blackout in India, the largest in human history. Using data from the India Human Development Survey, we compare confidence in politicians between households that were surveyed during the outage and affected by it (treatment) and only days before it (control). Balance statistics show that the treatment and control groups are statistically indistinguishable, and further tests indicate that there was no disturbance to the pattern of surveying. Far from undermining public confidence in politicians, the outage increased it, as citizens reacted to the anxiety created by the crisis. The implications are normatively troubling, as politicians seem to have reaped benefits from disruptions in public service delivery.     

Community Consultation in Victorian Local Government: A Case of Mixing Metaphors?

This article draws on a three-year collaborative research project investigating how community consultation is practised by Victorian councils, especially in relation to multiple publics and groups that councils can find 'hard to reach'. Based on an analysis of consultation documents, this article looks at councils' understanding of community consultation and underlying assumptions, the expected outcomes and how this is translated into guidance for practice. The research demonstrates that councils aim to consult to provide a range of outcomes, but there is a lack of clarity about how to choose and use the appropriate combination of consultation tool(s) and public(s) to facilitate these. Councils are also unclear about how the outcomes of consultation feed into existing decision-making processes and the implications of this for democratic legitimacy. This is in part due to the fact that the conceptual tensions around consultation and the democratic process are apparent not so much by virtue of what is said about them, but of what is not said. The article begins by outlining the conceptual and definitional problems associated with consultation using typologies of public participation. We investigate how typologies inform the consultation documents developed by councils and in how far they support practice. We then address the need to involve multiple publics and the vexed issue of who is hard to reach and why they should be consulted.     

《新时代公民道德建设实施纲要》的新义解读－－基于两个《纲要》比较的研究

《新时代公民道德建设实施纲要》立足于中国特色社会主义新时代的历史背景，阐释了公民道德建设的诸多新义：结合中国特色社会主义新时代的社会转型背景阐释了当代中国公民道德建设的新形势下，实现中华优秀传统道德文化的创新性现代转化开掘其世界意义的文化使命；在公民道德建设的内容方面，阐明了个人品德作为公民道德建设第四个着力点的必要性及个人品德建设中的实践问题；在实践举措方面，提出了全学科、全过程、全阵地的道德教育理念；阐明了社会新媒介化态势下公民道德建设的新任务；加强网络空间道德建设与道德领域热点问题的引导。在公共政策的设计、制定和实施执行方面，明确了公共政策的道德要求，提出了加强对公共政策道德风险与道德效果评估的新要求。     

林业领域职务犯罪调查标准细化与路径指引

当前,林业领域职务犯罪呈现多样性、复杂性、隐蔽性的发展态势。随着监察委员会调查、检察机关起诉、法院审判新机制的建立,对林业领域职务犯罪的调查模式必须进行检视。在调查标准上,要进一步明确相关规定,细化罪名与立案标准。在调查路径上,要实现主动型调查,建立和完善调查机制,运用信息化科技手段,使用司法会计检查和鉴定技术方法,实现"由证促审、证供互动",不断提升调查能力,进而提升打击林业领域职务犯罪的效能,形成对该类犯罪的高压态势。