诚信·公平·权利——“民法人”教学新理念的构建

立足于现代高等教育应当培养什么人的问题并结合民法学精品课程建设的实践,需要对“民法人”这一教学理念进行探索和阐释。民法人的素质或品质可以定义为:民法人是讲诚实、守信用的人,民法人是具有平等价值观和公平观念的人,民法人是懂得尊重他人权利的人,民法人是具有社会公德意识的人,民法人是具有义务观和责任感的人,民法人是系统掌握和精通民法知识的人。     

司法的不法与司法的不正义（上）——违反正当法律程序

在司法过程中,法官不依法裁判就是司法的不法,没有公平与公正裁判就是司法的不正义。在司法领域也存在着如下的拉德布鲁赫公式：在司法的不法与虽不正义但仍属依法裁判的司法之间划出一条截然分明的界限是不可能的,但最大限度明晰地作出另外一种划界还是可能的,即凡正义根本不被追求或构成正义之核心的公开、公平、公正原则有意不被承认的司法裁决,就不仅仅是司法的不正义,它根本上就是司法的不法。     

Race,Place, and Police-Caused Homicide in U.S. Municipalities

We test structural hypotheses regarding police-caused homicides of minorities. Past research has tested minority threat and community violence hypotheses. The former maintains that relatively large minority populations are subjectively perceived as threats and experience a higher incidence of police-caused homicide than whites do, the latter that higher rates of violent crime among minorities create objective threats that explain these disparities. That research has largely ignored some important issues, including: alternative specifications of the minority threat hypothesis; the place hypothesis, which maintains highly segregated minority populations are perceived as especially threatening by police; and police-caused homicide in the Hispanic population. Using data for large U.S. cities, we conducted total-incidence and group-specific analyses to address these issues. A curvilinear minority threat hypothesis was supported by the Hispanic group-specific findings, whereas the place hypothesis found strong support in both total and group-specific analyses. These results provide new insights into patterns of police-caused homicide.     

The Unintended consequences of sentencing reforms: Using social chain theory to examine racial disparities in Female imprisonment

The current study uses social chain theory to examine the potential unintended effects of sentencing reforms on racial disparities in female imprisonment. Our analysis measures changes in the relative odds of Black to White female imprisonment using the Relative Rate Index (RRI) through panel regression modeling on 40 states from 1983 to 2008. Our final models indicate that four types of sentencing reforms had unintended perverse effects on racial disparities in prison admissions while Truth in Sentencing laws increased racial disparities in time-served. Eighteen combinations of sentencing reforms also significantly impacted disparities. Theoretical and policy implications are also discussed.     

Trust is hard to come by: Disentangling the influence of structural characteristics and race on perceptions of trust in the police in a major Southern County

The current study will add to the literature on public attitudes toward law enforcement by assessing the individual and contextual-level predictors of one of the key concepts in police legitimacy literature: trust. Examining individuals nested within zip code results showed a significant equalizing effect of structural resource deprivation on both White and Black respondents' perceptions of trust in the police. Additionally, results found respondents who perceived racial profiling to be widespread had a universally decreased likelihood of having trust in the police, and these disparities were exacerbated as structural resource deprivation increased.     

关于企业改制过程中职工安置问题的思考

职工安置往往是国企改制最棘手的问题,同时也是决定改制成功与否的关键因素。目前职工安置仍存在一些问题,比如部分企业职工生活无着落、一些企业大规模下岗引发的动荡、改制过程缺乏透明度等,对这些问题不能掉以轻心,否则会影响改革进程与和谐社会的建立。     

Accounting for Future Generations: Intergenerational Equity in Australia1

Australian governments have published three intergenerational reports since 2002. In line with a general international trend these reports pointed to a problem said to arise from an ageing population which exposes Australia to the risk of a future major fiscal crisis. In this article we argue that by failing to use a generational accounting framework, the reports privilege the elderly at the expense of young people. Added to this, they fail to engage any discussion of intergenerational equity defined as distributive fairness and justice. In this article we explore the value of various approaches to intergenerational justice, focusing on the Principle of Intergenerational Neutrality derived from Rawls' theory of justice. We argue that this does not work as well from a policy point of view as Sen's freedom‐as‐capabilities approach. We conclude that linking Sen's approach to justice to a generational accounting will enable governments to address future issues of equity.     

Opportunity Lost? Victorian Labor's Enactment of Community Development 1999–2006

The idea of community development has been evoked by Australian governments over many decades. The expressions of community have differed widely, often as a result of politics rather than informed policy. In 1999, after seven years of radical neo‐liberal restructuring in Victoria, the Bracks government found itself unexpectedly elected to power. They faced new challenges such as a diminished public sector, growing social inequality and climate change. The first two terms of Victorian Labor were a seminal period in terms of the role they would invoke for ‘community’. Did grass roots participation take a central place, or did rhetoric rule over substance? The evidence points to a government maintaining a neo‐liberal trajectory, and thereby losing an opportunity to enable an active citizenry.     

Measuring the intercondylar shelf angle using radiographs: intra- and inter-observer error tests of reliability

This study presents a test of intra- and inter-observer measurement error rates of the intercondylar shelf angle of the distal femur, as measured on lateral radiographs. This measurement is the central element of a method to determine racial affiliation from the distal femur. Four observers independently radiographed a set of 33 complete and partial femora from collections housed at the Joint POW/MIA Accounting Command, Central Identification Laboratory. Each observer then measured the intercondylar shelf angles in each radiograph, following the original method's guidelines. A supplementary inter-observer error test was conducted by four additional observers on one set of radiographs. Statistically significant differences were found for both intra- and inter-observer error based on the results of Student's t-tests, paired samples t-tests, and ANOVA analyses. The results of this study indicate that further experimentation should be undertaken in order to develop refined measurement techniques that may help improve standardization and reduce the observer error rates.     

Disproportionate minority contact in juvenile justice: today’s,and yesterdays,problems

Disproportionate minority contact (DMC) has been a perplexing problem for the juvenile justice system, and recognized as a national priority since the 1980s. The over-representation of minority youthful offenders throughout juvenile court processing, from arrests to dispositions, has not changed even though significant federal and state efforts have been employed. This paper reviews these racial and ethnic disparity problems, and investigates the history of the juvenile justice system and courts, from the eighteenth century to today’s reformation movement, identifying that DMC is not a recent phenomenon. The history of slavery and the Jim Crow Era greatly impacted the establishment of the juvenile courts and child-centered justice efforts, finding disparities at all historical markers where records are available. When reviewing DMC as we know it today through this context, an argument can be made that limited progress has been made over the past 200 years.