论环境权的人权属性

对于环境权的属性问题一直是法学界争论的一个焦点 ,可谓众说纷纭 ,莫衷一是。从权利本原的角度入手 ,阐述目前我国研究权利特别是环境权的范式存在的误区 ,提出应从唯物主义的立场揭示环境权的自然权利属性。同时 ,对人权的历史发展中概念、性质、主体和内容的变化进行剖析 ,推断出环境权符合人权的构成要件 ,在精神实质与价值内涵上与人权存在固有的联系 ,是一项人类社会生存与发展不可或缺的基本人权。     

DRIVING WHILE BLACK: BIAS PROCESSES AND RACIAL DISPARITY IN POLICE STOPS*

We estimate the degree of racial disparity in police vehicular stops separately for local and state police in North Carolina in the year 2000. We introduce four mechanisms that might produce racial disparities in police stops—racial profiling, race sensitive police deployment, cognitive bias and stereotyping, and prejudice. We then model the relative odds of police vehicle stops as a function of race, driving behavior, and other demographic statuses separately by police organization type, with controls for omitted variable bias at both the driver and spatial level. We find only weak evidence of racial disparity in stops by officers of the state highway patrol but stronger evidence in those made by local police officers.     

A note on electoral competition and turnout in run-off electoral systems: Taking into account both endogeneity and attenuation bias

In this short note, I propose an identification strategy to estimate the causal effect of expected electoral competition on voter turnout in run-off systems taking into account both endogeneity and attenuation bias. I find that electoral competition significantly raises turnout. Not addressing attenuation bias yields estimates that are biased by up to 50%.     

澳大利亚联邦法院对专家证据的采纳

I. Introduction
The opinion evidence of experts is an exception to the general rule that witnesses can only give evidence of that which they have seen or heard and may not give evidence of inferences which arise from their observations and from that which they have heard.     

The Representation of Females in Criminological Research

Abstract

Content analysis of criminological research articles published in various American and British journals between 1895 and 1997 is used to assess concerns about the representation of females in the study of crime and delinquency. Findings reveal a severe and long-term underrepresentation of females in criminological research. This appears to be related to the tendency of numerically dominant male researchers to focus on male subjects. However, research on and about females has not been conducted primarily by female researchers nor has the focus of such research been mainly on such a “female” offense as prostitution. Implications of these findings are discussed.     

Blame attribution regarding index offence on admission to secure hospital services

Abstract

Assessment by psychologists is part of the routine multi-disciplinary admission process to secure facilities for those with a diagnosis of severe mental illness and an offending history. Non-engagement with the assessment process is a common clinical phenomenon. Using a survey design, we report on the administration of the Gudjonsson Blame Attribution Inventory, (a questionnaire which elicits causal attributions about offending), where possible, to a cohort of consecutive admissions to a medium secure unit, and a maximum security hospital. Reasons for non-compliance with the assessment process are examined. The responses of those who completed a series of questionnaires are compared using unit, sex, ethnicity, diagnosis and index offence as group variables. With regard to attribution of blame for index offence, contrary to prediction, those with a history of psychosis, rather than personality disorder, obtained higher external attribution scores. The implications of these findings for the assessment of blame and guilt feelings during the early stages of admission to a secure mental health service, and possible treatment implications, are considered.     

On the power of secondary confession evidence

Research on primary confessions has demonstrated that it is a powerful form of evidence. The goal of the current research was to investigate whether secondary confessions – the suspect confesses to another individual who in turn then reports the confession to the police – could be as persuasive. In Experiments 1 and 2, participants read a murder trial containing an eyewitness identification, a secondary confession, and character testimony, and made midtrial assessments of the evidence. Results indicated that the secondary confession was evaluated as the most incriminating. In Experiment 3, participants read summaries of four criminal trials, each of which contained a primary confession, a secondary confession, eyewitness identification, or none of the above. The two confession conditions produced significantly higher conviction rates. Our findings suggest that secondary confessions are another powerful and potentially dangerous form of evidence.     

Prospective lawyers’ rape stereotypes and schematic decision making about rape cases

Abstract

Two studies explored stereotypic information processing in rape cases by prospective lawyers in Germany. In Study 1, 451 undergraduate law students rated rape scenarios varying with respect to defendant–complainant relationship and coercive strategy (force versus exploitation of the complainant's alcohol-induced defencelessness). Acceptance of rape myths was also measured. Likelihood of defendant liability was rated to be lower when there was a prior relationship between the parties and when the defendant exploited the complainant's defencelessness as compared to when he used force (except in the ex-partner rapes where blame was higher in the alcohol-related than in the force-related cases). Complainant blame was higher when there was a prior relationship between the parties and was higher in the alcohol-related cases than in the force-related cases, except in the ex-partner rape where the pattern was reversed. Participants with high rape myth acceptance held the defendant less liable and blamed the complainant more, especially when the two had known each other. Study 2 largely replicated these findings with 129 postgraduate trainee lawyers and showed that sentencing recommendations also varied as a function of defendant–complainant relationship and coercive strategy. Providing participants with the legal definition of rape did not reduce reliance on rape stereotypes.     

我国不动产善意取得制度的不足与完善

我国采纳不动产善意取得制度具有一定优势,司法实践中呈现不足需要完善：不动产善意取得制度的客体要件应限制为已登记的不动产、＂真正权利人之可归责性＂非不动产善意取得制度构成要件、不动产善意取得制度与二重买卖关系以及不动产善意取得与合同法第51条的协调。     

“Identified”, “probable”, “possible” or “exclude”: The influence of task-irrelevant information on forensic odontology identification opinion

In a mass disaster situation, identification of the deceased utilising comparison of dental features is frequently heavily relied upon to facilitate rapid and accurate outcomes. The method consists of the comparison of clinical and radiographic records depicting oral structures and dentition to allow an opinion to be produced on a presumed identity. Current forensic odontology identification opinions are expressed as categories of levels of identification. Categories such as “Identified”, “Probable”, “Possible” and “Exclude” are used in various forensic odontology identification scales. The boundaries between the levels of the scales are not fixed; hence, category selection is highly subjective. It is uncertain how extrinsic factors such as exposure to contextual task-irrelevant information or operator experience influence category selection. In this study, forensic odontologist and dentist participants read task-irrelevant context case information containing either strong or weak identification or non-identification suggestions before evaluating and comparing pairs of true matching and non-matching dental radiographs. They were then asked to form an opinion regarding identification using one of four categories from the INTERPOL scale. Context information was found to influence categorical decisions. The magnitude and direction of influence depended on the type of participant, the true match status of the radiographs, and the strength and direction of bias of the context. The results of this study demonstrate the contextual effect and fluidity of the boundaries between the categories on the identification scale and highlight the need for stringent protocols to be developed regarding the use of these categorical scales to enable decision making to be more objective.