A Comparison of Civil and Criminal Orders of Protection as Remedies for Domestic Violence Victims in a Midwestern County

Past research has identified many potential advantages of civil protection orders as a means of addressing domestic violence without invoking an official response of the criminal justice system. Using data from a Midwestern county, this exploratory study provides a comparison of civil protection orders with orders of protection that are filed in conjunction with a criminal battering arrest. We examine the demographic characteristics of the respondents/defendants and petitioners/victims, the nature of the abuse leading up to the filing of the protection order, the reasons for filing, the terms of the order, location of the offense, and violations of orders. Our findings reveal many similarities between types of orders, in terms of order stipulations, past abuse histories of petitioners/victims, and respondents/defendants’ likelihood of reoffending. The findings also reveal an important difference in the petitioners’ and victims’ reasons for filing; whereas petitioners in civil cases were more likely to identify emotional abuse as the factor leading up to issuance of the order, victims in criminal cases were more likely to document physical abuse. We discuss these findings in the context of victim preference.     

A Survey: Children’s Rights Post Termination of Parental Rights and Pre-Adoption

This survey of the statutory provisions and case law of all 50 states and the District of Columbia includes the rights of children to parental support, inheritance, and familial association remaining upon termination of parental rights. A majority of states terminate all the child’s rights at the time parental rights are severed. However, a number of states by explicit statutes or statutory construction have determined that a child’s rights to parental support survives termination of parental rights. This survey examines the prevailing law in each state and suggests statutory reforms to protect the legal status and rights of children.     

The politics of vice-presidential selection in Latin America

It has become common for presidential candidates in Latin America to pick running-mates from outside of their own political parties in the form of political independents or politicians from other parties. As witnessed in several recent cases, this has added a new dynamic to Latin American presidentialism, not least in situations of political crisis. Drawing on a new database, the present paper enquires into the factors that may lead prospective presidents to select such “external vice-presidents”. The findings show that the logics behind selecting either a politician from another party or a political independent as running-mate differ. While the size of the presidential candidate's own party explains the decision to select vice-presidential candidate from another party, the choice of an independent is determined by the fragmentation of the party system. Furthermore, there is evidence that previous experiences of vicepresidential succession makes the selection of an independent running-mate more likely, possibly as a attempt to guard against challenges to the future presidency. Generally, presidential hopefuls tend to pick external running-mates who lack a strong political following, which also indicates that electoral logic is often mitigated by concern for the stability of the eventual presidency.     

‘Peace-building as state-building’? Rethinking liberal interventionism in contexts of emerging states

Contemporary policy-making guided by the ‘liberal peace’ holds that peace is necessary for states to emerge, and that peace-building and state-building do not only go in tandem, but are mutually reinforcing. Yet, in view of both the historical record of state-making and empirical evidence provided by liberal interventionism, this proposition appears questionable. While scholars have shown that state-making has, historically, been as much associated with war than with peace, cases from Afghanistan to Somalia suggest that state-making is inherently conflictive, frequently upsetting nascent peace. In order to shed light on the reasons underpinning the relationship between prevailing peace-building practices and the fundamental exigencies of state-making, this article pursues a theoretical argument. It proposes that while peace-building is principally about creating a situation of non-violent co-existence despite prevailing differences and, thus, essentially geared at accepting and enshrining institutional and identity pluralism, state-making is vitally aimed at replacing institutional and identity multiplicity with greater degrees of rule hegemony and standardisation. Applying the prism of ‘rule standardisation’ to the nexus of peace-building and state-making, this paper seeks to advance existing debates on this delicate relationship.     

遗赠扶养协议性质探析——我国继承法及其司法解释相关法条评析

从大多数遗赠扶养协议纠纷的判例来看,受扶养人的利益得到更多保护,其原因在于继承法侧重保护被继承人.但是,遗赠扶养协议之"协议性"也给合同法的适用提供可能,适用平等保护当事人的合同法会得出不同的结论.调和法律之间的冲突进而解决实践中的纠纷,需要以遗赠扶养协议的制度价值和社会需求为基础,明确遗赠扶养协议的合同属性,公平分配当事人之间的权利义务.     

A pluralist and pragmatist critique of food regime’s genealogy: varieties of social orders in Brazilian agriculture

ABSTRACT

The food regime approach occupies a privileged place in the sociology of agriculture and food. However, it is criticized for its structural, universalist and homogenizing bias. From a dialogue between institutionalism and pragmatism, this contribution discusses an alternative framework constructed from the ‘social order’ concept, which defines the existence of different arrangements of practices related to socio-technical and institutional apparatuses. Both the critique of the ‘regime’ narrative and the new proposition are associated to a reinterpretation of Brazil’s agricultural trajectory. Contrasting with the overemphasized export-oriented plantation/agribusiness image that prevails in the majority of analysis about Brazilian insertion in globalized agri-food regime, this paper explores the heterogeneity of production and consumption practices, arguing for the coexistence of multiple and contradictory ordering processes.     

Bureaucratic socialism in reform mode: the changing politics of Cuba’s post-Fidel era

Standard wisdom explains Cuba’s current transformation as one of economic change but political immobility. However, Cuban politics have also undergone a major change since the handing over of power from Fidel to Raúl Castro – even if the rhetoric used has been one of continuity. This article traces this process by looking at four areas: the depersonalisation and re-institutionalisation of the political structures; the diversification of the public sphere, particularly through the use of digital media; the liberalisation of travel and migration, with its transformative impact on state–citizen relations; and the turn to a moderate foreign policy, as highlighted by the rapprochement with the USA, with its implications for legitimising the underpinnings of Cuban socialism. Although the shift has been well below the threshold of a transition to multiparty democracy, Cuba has evolved from the charismatic model of the past to what can be understood as bureaucratic socialism in reform mode.     

The rise and fall of a policy: policy succession and the attempted termination of ecological corridors policy in the Netherlands

In policy analysis, studies on policy termination are rare. This article offers such a study. It presents the story of how, despite attempts by the government to terminate it, Dutch nature policy on ecological corridors continued to be implemented by regional governments and in the field. A case analysis is presented that integrates theories and insights not only from the termination literature but also from the literature on implementation. The different factors identified in the literature that enable or constrain implementation and termination have served as a basis for developing possible explanations of the case study. They cannot, however, serve as generic theories with predictive power. Policy termination as well as policy implementation are highly contextual processes and the question which factors will enable or constrain policy termination and implementation can only be answered on a case by case basis.

论“饭圈”的法律规制

当下“饭圈”呈现出频繁投诉与举报、非理性消费、数据造假以及组织性的行为失范现象。“饭圈”负面行为的产生与资方控制及平台打榜的主导、艺人与“饭圈”组织者的推动、粉丝的参与及沉浸密切相关。“饭圈”的负面行为违背公序良俗,须进行综合治理。应合理设置平台的内容管理义务、调整刑法对巨额逃税的处罚规则、完善网络举报制度、明确艺人及经纪公司或工作室对粉丝的引导义务。此外,应区分“饭圈”组织者雇主责任、教唆及帮助侵权规则的适用、赋予粉丝组织民事主体身份、家庭内部弘扬优良家风。     

Evaluating the Efficacy of Protection Orders for Victims of Domestic Violence

Abstract

The purpose of this study is to gauge the efficacy of protection orders for victims of domestic violence. The theoretical basis for this analysis is Johnson's (1995) theory that there exist two distinct forms of domestic violence: “common couple violence,” which consists of low-grade, mild abuse that is equally perpetrated by both men and women, and “patriarchal terrorism,” which involves severe mental and physical abuse that is used primarily by men to control their female partners. Based on Johnson's theory, it is hypothesized that protection orders will be less effective for women who experience patriarchal terrorism than for women who experience common couple violence. The results of this analysis indicate that the primary independent variable, that is, whether a woman experiences common couple violence or patriarchal terrorism, is not a good predictor of protection order violation. However, several secondary independent variables were found to be significant, including victim's race and employment status, as well as the couple's living arrangements at the time of the protection order.