Best practices for structuring a family court parenting plan evaluation under the 2022 AFCC Guidelines

Evaluation appointment orders provide enforceable scaffolding for conduct of family court parenting plan evaluations, and use of the evaluator's reports, feedback, file, and testimony. Unlike a contract, a stipulated or adjudicated appointment order is directly enforceable by the family court. It unambiguously positions the evaluator as the family court's appointee – answerable directly to the court and, in some jurisdictions, protected by quasi-judicial immunity from damages claims. A well-crafted appointment order governs the roles and expectations of the court, the evaluator, the parties, the lawyers, and the collateral witnesses. An appointment order mandates the legal duties, rights, powers, and responsibilities of the professionals, the parties, and the collateral witnesses. At minimum, an appointment order articulates the legal basis for the appointment, the purpose and scope of the evaluation, compensation of evaluator, and the duty of the parties to participate in the process. A written evaluation protocol or procedures statement discloses in advance the methods of investigation and assessment that the evaluator intends to use. Together, the appointment order and written protocol help the evaluator, lawyers, parents, and judge manage the complexity of the evaluation process.     

公司股东的表决权

股东表决权是公司股东享有的最重要的权利,此种权利的有效行使可以确保公司股东地位的稳固。在现代社会,虽然公司股东表决权适用的范围受到严重威胁,但是,该种权利仍然在各国公司法中得到尊重,仍然在众多重要领域得到适用;公司表决权虽然要遵循集体行使的原则,但是,违反这一原则所做出的决议也并非完全无效。     

Intoxicated eyewitnesses: prevalence and procedures according to England’s police officers

Despite the apparent role alcohol plays in criminal offences, there is at present no evidence available as to the extent of the problem of intoxicated witnesses within England. To address this lack of research, police officers from seven constabularies completed an online survey addressing issues such as the prevalence of intoxicated witnesses, how officers determine intoxication, the procedures employed and their effectiveness. Officers indicated that intoxicated witnesses were a common, to very common, occurrence with most officers determining intoxication through physical symptoms and the witness’s own admission. In terms of interviewing witnesses, the majority of officers indicated that initial details were taken whilst witnesses were intoxicated, but the evidential interview was taken when sober. Officers also indicated that if the witness was intoxicated then the case was less likely to proceed to court and that officers viewed the witness as less accurate. These findings are considered from a criminal justice perspective and discussed in relation to future research.     

Racial Contexts and White Interests: Beyond Black Threat and Racial Tolerance

The impact of racial context on white voters' support for black candidates in biracial elections has drawn considerable attention from students of racial politics. Two major theories—black threat and social interaction—use different geographic units and provide conflicting explanations. The present study seeks to contribute to the resolution of the controversy by empirically examining white crossover voting at both election unit and neighborhood levels. Twenty-nine mayoral and councilmanic district elections in New Orleans from 1977 to 1998 are investigated. The findings are not consistent with the hypotheses derived from black threat and social interaction theories. Rather than a reflection of racial tolerance or hostility, the changes in white crossover voting in different racial contexts may indicate a rational and strategic adjustment on the part of white voters when they face the prospect of black electoral success.     

Impacting the Political Landscape: Who Registers and Votes Among Naturalized Americans?

Little is known about the voting behavior of naturalized Americans, primarily due to a lack of good quality data on the national level. Using data from the Voting and Registration Supplement to the November 1996 Current Population Survey (CPS), we examine whether region of origin and length of time spent in the United States affect the likelihood of registering and voting among naturalized citizens, net of other socioeconomic and demographic factors already known to influence electoral behavior. We find that naturalized citizens who have a longer length of time at current residence and in the United States, and those who are older, with more education and higher income are more likely to register and vote. Region of origin is not a major explanatory variable, but there are differences in registering and voting by country of origin among naturalized citizens from Asia and Latin America. Finally, being registered is a necessary but not sufficient condition that predicts voting among naturalized citizens from Asia and from Latin America.     

投票权信托的本土化方式探讨

肇端于英国的信托制度在美国获得了极大的发展,其弹性机制被运用于众多的领域,投票权信托就是信托制度在美国公司法中的一种发挥.它是享有投票权的股东根据协议将其股份转让给受托人,由受托人持有该股份并行使投票权.投票权信托的灵活机制在促进公司治理与保护中小股东利益方面有着独特的价值,故中国目前应着手引进该制度.     

Spatial voting in non-partisan cities: A case study

In spatial voting theory, voters choose the candidate whose policy preferences are most like their own. This requires that (a) voters and candidates have policy preferences that can be meaningfully summarized in terms of low-dimensional “ideal points” on a left-right scale; (b) voters are able to discern, either directly or through relevant cues, the ideal points of the candidates who are running for office; and (c) voters incorporate this information into the choices they make at the ballot box. Perhaps more than in any other elections, it is not clear that any of these requirements are met in non-partisan municipal elections: policy preferences may not be ideologically structured, information may be inadequate, and voters may choose candidates for reasons other than ideology. This makes non-partisan municipal elections an especially hard test for spatial voting theory. Using novel data from both municipal candidates and eligible voters in a major non-partisan municipal election in Canada, we show that municipal policy attitudes are ideologically structured and that these municipal policy ideal points are strongly related to mayoral and council vote choice. Thus, despite the institutional and informational obstacles, spatial voting can play an important role in non-partisan municipal elections.     

Policy signals and strategic voting for minor parties: Evidence from Germany

How does executive power-sharing in multiparty democracies influence voter decision-making? The current scholarship has identified two strategies that voters use to target coalitions and that involve voting for a minor party: Coalition insurance voting and compensatory voting. Yet these strategies are not differentiated conceptually, and empirically, are observationally equivalent. By foregrounding the role of policy signals in strategic voting for minor parties, the present study disentangles these strategies at the theoretical and empirical levels. It also proposes a new, hybrid, strategy. To do so, it uses data on the 2013 and 2017 German federal elections from campaign-period surveys, polls and an original dataset of the candidates’ tweets about policy issues. The results show evidence of policy-driven voters using a hybrid strategy in 2013 and a compensatory strategy in 2017. There is no evidence of coalition insurance voting in these elections.     

实习规章制度现状与重构论略

实习规章制度相比于一般的规章制度更具稀缺性,这既不利于规范实习关系,也不利于保障与救济实习学生的正当权益.我国目前实习规章制度"备案或报批"程序严重缺失,实习规章制度的内容常常"内嵌"于其他制度之中,并且非常抽象,与劳动规章制度之明确性原则相悖;内容设置偏重义务而忽略了权利,关于实习薪酬、实习保险、实习考核评估和实习争...     

浅谈死刑核准权收归最高人民法院后的程序完善问题

死刑核准权已经收归了最高人民法院,这种经历了辩证否定的权力回归是法治的胜利。但是随着相关司法解释的出台与施行,最高人民法院复核死刑的程序还存在一些纰漏和不足,如审理方式问题、对被告人进行讯问的问题、人民检察院及被害人是否应当参与的问题、辩护权问题、证明标准问题等仍然需要进一步地探讨和完善。