高等学校退学权的行政法学思考

现实中经常有高校在行使退学权,一方面学生以宪法受教育权对抗学校的退学;另一方面学校在坚持作为管理方式的退学权。其原因在于缺乏完善的有关高等学校退学权的行政立法,上位的宪法、高等教育法等法律与下位的高等学校学生管理规定及各高等学校规章制度之间冲突明显。另外对高等院校退学权行政诉讼的缺失及其必要性进行探讨。     

在回应社会中推进法律的发展——评《转变中的法律与社会：迈向回应性法》一书

本文揭示了美国伯克利学派法律社会学研究方法的宗旨,即力求能够说明法是怎样适应社会需求,解决现实问题的。说明了法学的三种类型理论,即压制性法、自治性法和回应性法的各自特征以及它们之间的内在联系,并分析了上述理论对中国当代法学发展的意义。     

先秦儒家视域中的“理”与“欲”

“理欲之辩”是中国哲学史、伦理思想史上重要内容之一。2000多年来，思想家们在理欲关系上是非争鸣。以孔孟苟为代表的先秦儒家学者，在“理”与“欲”的问题上有自己的独到见解，提出的“欲而逾矩”、“以礼节欲”等思想，不仅是后世“理欲之辩”的理论基础，对于解决困扰现代社会的人贪欲过重的问题，也是一个深刻的启示。     

从《公民读本》看美国公民人格教育

美国是一个实施公民教育比较典型的国家，不仅有着较为长久的公民教育的历史，而且一直与时俱进、走在世界的前列。研究美国学校的《公民读本》，深入剖析美国学校的《公民读本》的产生背景、编制原则、体系及基本内容，可以进一步了解美国公民教育，对我国目前正在兴起的公民教育也会有所启迪。     

Attributions for Improvement in Children Bullied at School

ABSTRACT

This mixed methods study describes attributions for improvement following reductions in victimization for children who were bullied at school. It also tests hypotheses from attribution theory about attributions associated with improvements. The sample was a subset of families who participated in an RCT of a family cognitive-behavioral program to reduce victimization; to be included, both the parent and child needed to report reductions in child victimization at 9 months. Attributions were compared across conditions, respondents (parents versus children) and time. Both parents and children attributed improvements most often to actions by the target child. Intervention families were more likely than control families to attribute changes to their own efforts than to external factors. The relevance of internal attributions for the success of interventions is discussed.     

以学校为本位开发英语校本课程的实施策略

纵观吉林省大安市乐胜中学六年来校本课程开发的过程,无论是理念、规章制度还是干部、教师的重视程度都在逐步走向完善。就英语学科的校本课程开发而言,开设英语学科校本课程、对教材内容进行重构、编写校本教材在形式和内容上都体现了校本课程开发的趋势,对于提高英语教学质量具有重要的意义。     

先秦法家法哲学思想概论

先秦法家法治思想的核心就是提倡"以法治国"。先秦法家不但有一套系统的法治理论,而且还有一套推行法治的方法。但法家的法哲学归根到底是为维护君权服务的。     

Accuracy of four dental age estimation methodologies in Brazilian and Croatian children

ObjectiveTo compare and analyse the accuracy of four age estimation methods using the mineralisation stages of the permanent teeth (Cameriere et al. [16] [CAM], Liliequist and Lundberg [LLH] and Nolla without third molars [NOL7] or with them [NOL8]) in a mixed population of Brazilians and a homogeneous population of Croatians.MethodsOrthopantomograms of 930 Brazilians (366 males and 564 females) and 924 Croatians (365 males and 556 females) aged between 8 and 14.99 years were analysed using the CAM, LLH, NOL7 and NOL8 age estimation methodologies.ResultsLLH presented the best absolute differences (ADs) among both populations without sex stratification, while CAM presented the worst results. In addition, the mean differences revealed underestimations, except when the LLH and NOL7 methods were used for the Brazilians. When the sample was stratified by sex, the best AD values were found with NOL7 (0.80) for the Brazilians and with LLH (0.98) for the Croatians. When the sample was stratified by sex and age, CAM presented high accuracy at the early ages, and LLH presented high accuracy at the older ages. The results obtained with the Nolla methods (NOL7 and NOL8) were mostly similar, but NOL7 yielded slightly better results.ConclusionsThe values for the Brazilians and the Croatians were relatively similar, and the techniques were properly applied in both population samples. The best method for evaluating both countries was LLH, followed by NOL7, NOL8 and CAM.     

Gault's Promise Revisited: The Search For Due Process

Fifty years ago, due process was introduced into the juvenile courts, but today children still do not have the guiding hand of counsel at every stage of the proceedings. In assessing the pre‐Gault world, Chief Justice Fortas observed that “[a] child receives the worst of both worlds:…he gets neither the protections accorded to adults nor the solicitous care and regenerative treatment postulated for children.” 1 Fortas opined that “Then as now good will and compassion were admirably prevalent. But recent studies have entered with surprising unanimity, sharp dissent to the vitality of this gentle conception. They suggest that the appearance as well as the actuality of fairness‐ impartiality and orderliness‐ in short the essentials of due process may be a more therapeutic attitude so far as the juvenile is concerned.” 2 The prescience of his observation has found resonance and reinforcement with the 2013 publication of Reforming Juvenile Justice: A Developmental Approach 3 which was commissioned by the Office of Juvenile Justice Delinquency and Prevention (OJJDP). Reforming Juvenile Justice's emphasis on encouraging not only the perception but the actuality of fairness in all domains 4 connects directly to the essence of Gault's message. “Treating youth fairly and ensuring that they perceive that have been treated fairly and with dignity contribute to positive outcomes in the normal processes of social learning, moral development, and legal socialization adolescence.” 5 The research also demonstrates that public health oriented alternatives to traditional court processing promote social connection and positive youth development. 6 The OJJDP report provides a road map for promoting positive youth development and social engagement by demonstrating that supporting such policies improves public safety outcomes by reducing recidivism. In exploring whether Gault's promise of due process has been realized or is still aspirational, this article suggests that our inquiry requires us to think contextually by considering how children and families are treated in and out of the courtroom. This entails consideration of educational, child welfare and mental health services, as well as the scope of legal entitlements. Equity and fundamental fairness, euphemisms for due process, are what will truly effectuate Gault's promise and should be the benchmark for all courts and systems that engage with children.     

The Impact of School Policing on Student Behaviors in Ohio Public Schools

The present study examined variations in incidents of student insubordination and violence using an individual change model, which allowed for repeated observations of student behaviors in 148 Ohio schools at the initial status (2010) and over time (2010 and 2014). Findings were significant only at the initial status. As school size and total number of school policing measures increased, so did student incidents of insubordination in 2010. School policing and the percentage of economic disadvantage did not predict violence. Findings considered the number of behavior incidents with respect to policing in all school locales, revealing the impact of school policing on student behaviors may transcend race and geographic location.