Social Citizenship,Housing Wealth and the Cost of Social Care: Is the Care Act 2014 ‘Fair'?

This article assesses the extent to which it is ‘fair’ for the government to require owner‐occupiers to draw on the equity accumulated in their home to fund their social care costs. The question is stimulated by the report of the Commission on Funding of Care and Support, Fairer Care Funding (the Dilnot Commission) and the subsequent Care Act 2014. The enquiry is located within the framework of social citizenship and the new social contract. It argues that the individualistic, contractarian approach, exemplified by the Dilnot Commission and reflected in the Act, raises questions when considered from the perspective of intergenerational fairness. We argue that our concerns with the Act could be addressed by inculcating an expectation of drawing on housing wealth to fund older age: a policy of asset‐based welfare.     

Ensuring Insurance for Foster Care: Requiring Foster Parents to Obtain Liability Insurance to Cover Harm Done to Foster Children in their Care

This Note proposes that all states should require that foster parents have liability insurance before children are placed in their care. This Note also proposes that the liability insurance needs to cover not just harm to third parties but also harm to the foster children through the negligent acts of the foster parents. This legislation will allow foster children to have standing to bring claims against their foster parents and insurance companies and give them a greater opportunity for recovery. Currently, the policies and statutes governing the policies in place do not cover all types of harm that can occur during the foster parent–child relationship. Certain policies leave children who are harmed by their foster parents’ negligence unable to recover any damages from the people who have harmed them. Because foster parents can be left to defend the actions themselves, they often become judgment proof due to their low income, leaving the children who are harmed with little chance of recovery.

Key Points for the Family Court Community:
• States need to require foster parents to obtain liability insurance, which covers harm done by the foster children to third parties, harm to the home, and any harm done to the child by the foster parents.

     

A large study evaluation of evidence types containing offender fingerprints from recorded crimes in North Macedonia from 2005 to 2015

The Forensic Institute of the Republic of North Macedonia data set of 1,982 offender fingerprint identifications contributing to a conviction for crimes against property, was evaluated and analysed using contingency table statistical analysis techniques, chi-square test, fisher’s exact test and post hoc analysis. The data set was based on the forensic and court information available from 2005 to 2015 and pertained to the location, property type and evidence type. Interpretation of the data identified glass components, doors, windows, points of entry, cardboard and other packaging to be the most likely areas for locating offender fingerprints in non-residential and residential properties. In vehicle-based crimes, the front area (both left- and right-hand side) was the most likely to yield offender fingerprints.This study reinforced the types of evidential items at property based crime scenes yielding offender fingerprints. In addition, the study seeks to provide recommendations for future data collection to enhance the data analysis and interpretation.     

市郊结合部成片小区治安管控之探索

当前,上海市郊结合部成片小区存在治安问题复杂、刑事案件多且恶性程度加剧、外来流动人口违法犯罪突出等问题。究其原因,群众缺乏高度的自防和互防意识;外来人口管理工作相对滞后、管理乏力;基层组织战斗力和群众性治安联防力量不强和警力不足,疲于应付。因此,必须立足于长期作战,加强基层组织建设;坚持党委、政府的领导,加强社会治安综合治理工作;建立健全防控机制,提高驾驭治安的能力;优先配足警力,发挥诸警种合力作用;强化队伍管理,增强队伍战斗力。     

EFFECTS OF ATTRACTIVENESS, OPPORTUNITY AND ACCESSIBILITY TO BURGLARS ON RESIDENTIAL BURGLARY RATES OF URBAN NEIGHBORHOODS

This study assesses the effects of attractiveness, opportunity and accessibility to burglars on the residential burglary rates of urban neighborhoods, combining two complementary lines of investigation that have been following separate tracks in the literature. As a complement to standard measures of attractiveness and opportunity, we introduce and specify a spatial measure of the accessibility of neighborhoods to burglars. Using data on about 25, 000 attempted and completed residential burglaries committed in the period 1996–2001 in the city of The Hague, the Netherlands, we study the variation in burglary rates across its 89 residential neighborhoods. Our results suggest that all three factors, attractiveness, opportunity and accessibility to burglars, pull burglars to their target neighborhoods.     

“恶魔抽签”的赔偿与补偿——日本预防接种损害中的国家责任

对于合格疫苗导致的损害,有必要从公法上的国家责任的角度进行分析。预防接种行为本身的特殊性,是理解国家在此行为中所应承担的责任的前提因素。国家在预防接种行为中应承担多项注意义务,包括整体监管和具体实施两个方面。注意义务的违反可能导致国家赔偿责任;此外,即使国家不存在违反注意义务的情况,根据结果责任,个人也可以获得国家补偿。日本预防接种的国家责任体系对于我国具有借鉴意义。     

新生代农民工城市融入与社会稳定问题探析

新时期我党提出了构建社会主义和谐社会的发展战略。建构不同社会阶层的平等协调融洽关系,是社会和谐稳定的内蕴和基础。庞大的新生代农民工作为农民工群体的生力军和主体,其城市融入状况直接影响到自身发展、社会和谐稳定与国家长治久安。因此以维护社会稳定为视角,探析新生代农民工城市融入的重要性、紧迫性和现实性,阐释新生代农民工城市融入的现状及困境,进而对有效解决新生代农民工城市融入问题提出对策势在必行。     

The Adoption and Safe Families Act: Proposing a “Best Efforts” Standard to Eliminate the Ultimate Obstacle for Family Reunification

The Adoption and Safe Families Act of 1997 (ASFA) was enacted in an attempt to expedite the child's permanency plan by pushing for adoption of children in foster care. The ASFA requires the U.S. Department of Health to make reasonable efforts to reunify and preserve existing families while rewarding the states for increased adoption of foster care children. The ASFA was enacted to ensure the best interests of the child are to remain paramount, but in practice, the ASFA is furthering the best interests of the state. This Note proposes amendment of the ASFA to increase the obligation of the Department of Social Services (DSS) to make its best efforts to preserve and reunify the existing family unit, while also imposing a penalty if the DSS fails to do so.     

On judgment proofness in the case of bilateral harm

This paper defies the widely held belief concerning the unambiguous superiority of negligence in settings of judgment proofness. We analyze a set-up with bilateral harm, bilateral care, and potential judgment proofness by one party to the accident. We establish that strict liability with a defense of contributory negligence can perform better than simple negligence and negligence with a defense of contributory negligence. It is shown that the former liability rule can better establish a discontinuity in individual costs conducive to inducing efficient care than the other rules.