Association for Conflict Resolution Guidelines for Eldercaring Coordinators

On November 6, 2014, the AFCC Board of Directors endorsed the Association for Conflict Resolution (ACR) Guidelines for Eldercaring Coordination, including ethical principles for Eldercaring Coordinators, training protocols, and court pilot project template. The collaboration between Task Forces created by ACR and the Florida Chapter of AFCC, composed of twenty U.S./Canadian and twenty Florida‐wide organizations, produced both an overarching guide to assist in the development of programs and a more detailed model addressing state/province‐specific needs and characteristics. Eldercaring coordination is a dispute resolution option specifically for high‐conflict cases involving the care, needs, and safety of elders.

Key Points for the Family Court Community:
• There are currently no dispute resolution options for parties involved in high‐conflict cases regarding the care, needs, and safety of an elder.
• The ACR Guidelines for Eldercaring Coordination address the discrepancies between dispute resolution options available for parents in conflict regarding their minor children and mature families with unresolved concerns about the care, needs, and safety of an elder.
• The ACR Guidelines for Eldercaring Coordination provide information regarding the ethical practice of eldercaring coordination including a specific definition, recommended qualifications, ethical practices, grievance procedures, training protocols, and a court pilot project template.
• The practice of eldercaring coordination will address the influx of court cases expected as baby boomers continue to age, reducing delays in court hearings, as parties will have the opportunity to resolve their concerns without continuous court attention.
• As of June 2015, five states began Pilot Projects on Eldercaring Coordination, which will be studied by an independent research group to enhance the progress of the process and to develop the best practices for initiating the programs elsewhere.

     

Expressed‐Interest Legal Representation for Children in Substitute Care: Evaluation of the Impact of Representation on Children's Permanency Outcomes

Based on a combination of administrative data; juvenile court record review; and informed‐participant interviews of juvenile court judges, attorneys, and service providers, the current study examines the impact of the Foster Children's Project (FCP). FCP is a program that provides professional legal representation to children in substitute care. Legal representation by FCP attorneys is found to increase the rate of children's exit to adoption, leading to a higher overall rate of exit to permanence. The rate of exit to reunification is not, however, found to be affected by FCP representation. Implications for juvenile court policy and practice are discussed.

Key Points for the Family Court Community:
• The study is the first of its kind to examine the impact of client‐directed representation in cases of children in foster care through examination of Palm Beach County's Foster Children's Project (FCP), which provides professional legal representation to those in state care.
• FCP representation was found to increase the rate of children's exit to adoption, leading to a higher overall rate of exit to permanence. The rate of exit to reunification, however, remained stable.
• Research findings are based on administrative data; juvenile court record review; and interviews of juvenile court judges, attorneys, and service providers.

     

论国际犯罪刑事管辖权的演变

与国际社会体制的发展相适应,国际犯罪管辖权从“单一模式”向“复合模式”转变,形成了间接管辖权和直接管辖权并存的格局。间接管辖权即国家管辖权是国际犯罪管辖权的主要模式。一系列国际特设刑事法庭管辖权开创了国际犯罪直接管辖的理论和实践,国际刑事法院管辖权则是国际犯罪直接管辖权的最新发展。     

析美国反对常设国际刑事法院的理由和举措

2002年国际社会期待已久的常设国际刑事法院开始运作,它标志着一个历史性时刻的到来——侵略罪、灭绝种族罪、危害人类罪、战争罪的犯罪人不再能够逃脱国际刑事责任。然而,作为国际社会的唯一超级大国美国却也因此对常设国际刑事法院开始了强烈反对,一切可以想到和做到的阻挠措施均已被采取。美国反对常设国际刑事法院,旨在维护其自身利益和世界霸权地位,其理由和举措不符合联合国宗旨和正义原则。     

Citizens’ perceptions of the courts: The impact of race, gender, and recent experience

This study examined the influences of race, gender, and recent court experience on citizens’ perceptions of the courts in their communities. Using national survey data collected in 2000, this research assessed variation in perceptions of the courts along four dimensions: differential treatment, fair procedure and outcome, concern and respect, and overall evaluation. The results showed that racial minorities, including Blacks and Latinos, were more likely than Whites to have negative attitudes toward the courts. While race is generally a better predictor than gender, the interaction between gender and race is important in understanding citizen’s perceptions of the courts. Citizens who have recent personal contact with the courts tend to rate the courts less favorable than those who have no recent contact. Citizens’ opinions of the police and equal opportunity are also significantly related to their perceptions of the courts. Implications for policy and future research are discussed.     

我国行政审判存在的问题及其根源分析

近年来,我国行政审判陷入了前所未有的困境,究其原因,既有行政诉讼法本身的不完善,也有传统法律文化观念上的障碍,但最根本的原因还在于行政审判体制的缺陷。     

英美法系与大陆法系警察证人资格的理论与实践

无论是英美法系国家,还是大陆法系国家,警察均具有证人资格,必要时有义务根据控辩双方的要求或者法官的传唤出庭作证。     

奥林匹克体育仲裁制度及我国之借鉴

体育仲裁是解决体育纠纷的重要方式,国际体育仲裁委员会(ICAS)及体育仲裁院(CAS)是国际上著名的体育仲裁机构。体育仲裁对我国体育事业和仲裁法律制度来讲,是一项重要的制度创新。通过借鉴奥林匹克体育仲裁制度的成功实践,本文对体育仲裁的理论和实际操作进行全面的考察,进而就我国建立体育仲裁制度提出一己之见,希望对2008年北京奥运会有所参考。     

Joint Dynamics of Legal and Economic Integration in the European Union

We evaluate the causal linkages between the economic and legal integration process that has characterised the formation of the European Union. Specifically, using the frequency of national references for preliminary rulings sent to the European Court of Justice as a measure of legal integration we investigate its joint dynamics with the expansion of intra-EU trade over the 1960–1998 time period. Our objective is to formally test whether any such linkages exist and the direction within which they have operated.     

抢劫罪既遂、未遂的司法解释质疑——兼论司法解释的现实得失与应然走向

最高人民法院的司法解释将具有加重结果的抢劫罪一律认定为既遂状态,实际蕴含了重刑主义倾向,同时也凸现了其作为高端优位者在刑法理论界本来极有争论的学术领域做出裁判性结论的自信色彩,这多少表明中国今天的刑法理论依然无法拆卸实践的重轭,从而取得理论指导实践的地位。我们有责任重新审视在中国的刑事法治建设过程中如何树立刑法典的权威地位。作为高端权威的司法解释有所紧缩,是促使和形成每个法官能够独立钻研解读刑法典、能够与立法原意进行直接对话的必要的条件,也是刑事法治社会逐渐成熟的必要条件。