The effects of procedural aspects and outcome salience on procedural fairness judgments

The effects of process control and decision control on procedural fairness judgements are examined with regard to the procedure used by commercial banks in granting business credits to entrepreneurs. Male and female entrepreneurs with experience in requests for business credits were interviewed about several aspects of the procedure for granting business credit. Respondents had either a positive or a negative experience with credit granting (i.e., the request was or was not rewarded). The outcome-oriented and the procedure-oriented explanations for the effects of process control on procedural fairness judgments are discussed. The results show that, contrary to expectation, process control had no effect on the procedural fairness judgments. On the contrary, perceived seriousness of treatment, as well as the predicted effects of decision control, did influence procedural justice judgments. Moreover, some support was found for the contention that seriousness of treatment functions as precondition for process control effects (Tyler, 1987). Neither the outcome-oriented, nor the procedure-oriented explanation could fully account for the findings. It is assumed that the specific aspects of the situation are responsible for the results, indicating how important the situational context is in research concerning procedural justice.     

Continuity and Change in Legal Positivism

Institutional theory of law (ITL) reflects both continuity and change of Kelsen's legal positivism. The main alteration results from the way ITL extends Hart's linguistic turn towards ordinary language philosophy (OLP). Hart holds – like Kelsen – that law cannot be reduced to brute fact nor morality, but because of its attempt to reconstruct social practices his theory is more inclusive. By introducing the notion of law as an extra-linguistic institution ITL takes a next step in legal positivism and accounts for the relationship between action and validity within the legal system. There are, however, some problems yet unresolved by ITL. One of them is its theory of meaning. An other is the way it accounts for change and development. Answers may be based on the pragmatic philosophy of Charles Sanders Peirce, who emphasises the intrinsic relation between the meaning of speech acts and the process of habit formation.     

Rethinking Locational Outcomes for Housing Choice Vouchers: A Case Study in Duval County,Florida

This study examines locational patterns of housing choice vouchers in Duval County, Florida, using the Housing Suitability Model (HSM), a newly developed geographic information system–based model that evaluates residential land parcels and neighborhoods in terms of their suitability for affordable housing. The HSM was used to characterize voucher locations and other residential parcels across the county in terms of opportunity and accessibility. The analysis explores the tradeoffs between opportunity and accessibility inherent in many neighborhoods throughout the county. It finds that voucher holders' locations lag substantially behind other residential locations in terms of opportunity measures but are more comparable in terms of accessibility. Further analysis finds differences in opportunity and accessibility among subgroups of voucher holders by various demographic characteristics. The study recommends the incorporation of opportunity and accessibility for voucher holders into local housing planning, including the implementation of proposed rules for Affirmatively Furthering Fair Housing.     

走出民事再审中发回重审之困境的思考

我国的民事诉讼程序在不断改革中逐步走向完善,但是由于立法上再审程序对普通程序的依附性没有消除,加之现有诉讼程序系统内某些自洽性的阙如,导致了民事再审发回重审的诸多误区。民事再审发回重审后的程序应定性为再审程序而非普通程序。在完善再审发回重审制度时,应注意对程序违法是否导致发回重审作具体分析,恰当发挥重审制度的诉讼监督功能,赋予当事人一定的程序选择权,避免诉讼的延宕。实务中也有必要取消发回内部函,提升发回重审裁定的法律约束力。对调解书再审时,如违反自愿合法原则,应裁定发回重审,并妥善协调与民诉法第204条的关系。     

新木桶理论对二本高校大学生求职的启示——以重庆某学院为例

文章介绍并引用了新木桶理论的内容与论点,采用SWOT分析方法进一步阐述了地方二本高校大学生在求职中的优势、劣势、机会及威胁。揭示新木桶理论对大学生求职的启示,并就提高地方二本高校大学生就业竞争力提出了策略。     

Battle Losses and Rebel Violence: Raising the Costs for Fighting

In many armed conflicts, rebel groups deliberately target civilians. This article examines whether such violence is related to the performance of the rebels on the battlefield. It is proposed that rebel groups who are losing battles target civilians in order to impose extra costs on the government. When rebels attack civilians, the government may incur both political and military costs. Violence against civilians is thus used as an alternative conflict strategy aimed at pressuring the government into concessions. The argument is evaluated by using monthly data for rebel groups involved in armed conflict from January 2002 to December 2004.     

Evaluation of a Theater-Based Youth Violence Prevention Program for Elementary School Children

Abstract

The present study evaluated the impact of Urban Improv (UI), a theater-based youth violence prevention (YVP) program developed for inner-city youth, on three behavioral and psychological outcome domains: aggressive behaviors, prosocial behaviors, and scholastic attention and engagement. This study compared outcomes for 77 elementary school students in classrooms designated to receive UI with those of 63 students from matched control classrooms. Findings revealed that students who received UI were superior to matched controls on all outcome domains. Findings support UI as a promising practice for YVP with urban elementary school students and suggest that greater attention should be focused on application of theater-based programs in YVP.     

Legal aspects of sexual violence—Does forensic evidence make a difference?

A survey was done of 307 alleged victims of sexual violence reported to the police departments in Greater Aarhus, Denmark, in 1999–2004. The legal disposition was ascertained and related to victim and assault characteristics together with the forensic medical and laboratory findings. The police pressed charges in more than half of the cases and 11% turned out to be false allegations. Nineteen percent of all cases ended with sentencing of the defendant. Sperm was detected in 35% of the examined and analysed cases, and in 46% consumption of alcohol prior to the assault was reported. Information in the forensic report regarding injury documentation, intoxication, and detection of sperm and DNA match between victim and alleged assailant did not aid in the prosecution of the case. Severe coercion used by the assailant increased the likelihood of conviction. Intoxication estimation and sperm detection suffered from low sensitivity compared with laboratory analyses. Results suggest the need for new research and optimising the sexual assault examination protocol to strengthen the legal impact of forensic evidence.     

Should I stay or should I go?

Legal context: The European Patent Convention inherently allows parallel revocationproceedings to take place in the EPO and the domestic patentcourts. As a result, parties to UK patent proceedings frequentlyapply for a stay pending the outcome of proceedings in the EPO.There is commonly assumed to be a presumption in favour of thisstay, so long as it does not amount to an injustice. Key points: This article reviews the UK case law that has followed the Courtof Appeal decision in Kimberly-Clark, to see if this presumptionin favour of a stay is sustained. These cases show that, whendeciding whether to order a stay, judges perform a balancingexercise of a number of considerations. In practice it appearsthat these considerations easily topple the presumption. Practical significance: By providing a comparison of the considerations put before thecourts in the past, this article seeks to aid practitionersin judging those factors likely to affect the success of a stayapplication. It also highlights the lack of authority at appellatelevel on whether it is lawful for patent courts not to ordera stay.     

论常识判断与法律判断的衔接与转化

近十年来,我国出现了一些激起社会各界广泛争议的案件,这些案件引起了对公众的常识判断与法律判断之关系的探讨.然而,目前的理论研究因缺乏对常识的本质进行分析,普遍对常识判断与法律判断做异质化处理,这种思考方式并不有助于做出合理的司法裁判.从常识哲学来看,常识判断的正确性并不当然弱于其他类型的判断,它反而与广义的理性等义并且是推理的根本基础.司法裁判要进行合理的归责,就必须实现常识判断与法律判断的衔接及转化.哈特的“承认规则”可被视为是在理论上探讨作为非制度性规范的常识向制度性规范的转化,阐明司法裁判得以从日常生活方式中获取规范性内容的理论进路.