法律的民族志写作与文化批评——论中国的法律人类学研究

本文针对目前我国对法律人类学的研究还没有形成独立的学科特色和明确研究方向、研究方法这一问题,提出可以以法律的民族志写作为其工具,进行法律的文化批评,用实践化的研究风格树立其独特的交叉学科形象。     

论影响民族地区法治建设的因素——以四川凉山州彝族自治州为例

中华人民共和国是一个以汉族为主体,还有55个少数民族组成的统一的单一制国家。在少数民族聚居地方,实行民族区域自治,从而实现各民族团结、平等、进步和共同繁荣。依法治国方略,在西部民族地区仍然是实施该地区繁荣进步的基本策略。在西部大开发及加入WTO的大环境下,如何优化民族地区的发展环境,趋利避害,抓住机遇,发展经济,客观上也要求民族地区应有一个良好的法制环境。西部民族地区的法治建设,应充分考虑到各少数民族的历史、经济、人文、宗教、习惯等因素。     

加强判决释理与我国法官职业保障体系的构筑

一个国家司法制度的状况,根本上取决于运行这一制度的人,尤其是法官,法官的专业水准和道德素养,在很大程度上决定了司法制度是否公正、有效地运作,决定了判决释理的水平。所以切实提高法官自身素养、加快法官制度改革,是我国现行司法改革的一个重要环节,也是提高裁判说服力和公信力的重要途径。     

Unobtrusively Stretching Law: Legal Education,Activism, and Reclaiming Title IX

We often understate the work that activists put into crafting movement tools. This article examines the space between legal texts and movement resources in a study of early activism surrounding Title IX. Though often hailed as a feminist law, the Title IX statute and regulations lay out a narrow set of individual rights and incorporate several conservative principles. In an analysis of early social movement mobilization surrounding Title IX by the Connecticut Women's Educational and Legal Fund (CWEALF), we identify a distinctive legal framing technique tied to the often overlooked practice of lay legal education. In a legal education campaign that targeted schools, CWEALF placed Title IX's actual requirements alongside broader feminist ideas about gender socialization and civic responsibility to imply that the law mandated substantially greater reforms, a tactic we call unobtrusively stretching law. This article contributes to research on social movements and legal mobilization by illustrating how legal education can serve as part of the tool-making kit for social movements as they struggle to transform legislative compromises into movement resources.     

中国资产证券化信用增级的法律环境问题

资产证券化作为一种新的融资方式,在处置不良资产方面具有明显的作用。信用增级是资产证券化的两大核心技术之一,在当前中国信用体系尚不完善的情况下,信用增级显得尤为重要。信用增级包括内部信用增级和外部信用增级,有效实施这两种信用增级方式在现阶段均存在一定的法律障碍。尽快制定专门的资产证券化法,努力完善信用法律环境,才能保证中国资产证券化的顺利实施。     

网络空间个人信息保护的民事法律责任

网络空间个人信息权利保护日益受到重视,个人信息保护的义务及民事法律责任在学界却没有引起足够的关注。由于网络空间个人信息保护的特殊性,从本质上看是个人信息利用中的保护。个人信息保护的义务主体应进行类型化的研究,并赋予主体积极的义务。根据网络空间个人信息收集与利用情况的不同,网络空间个人信息保护的民事法律责任应当包括合同责任与侵权责任。网络空间个人信息侵权责任的归责原则是一个多元化的体系,便于信息主体的权利救济。结合我国法治建设的具体情况和信息产业的发展,网络空间个人信息保护宜采用综合立法的模式。     

LGBT Family Lawyers and Same-Sex Marriage Recognition: How Legal Change Shapes Professional Identity and Practice

ABSTRACT

Lawyers who practice family law for LGBT clients are key players in the tenuous and evolving legal environment surrounding same-sex marriage recognition. Building on prior research on factors shaping the professional identities of lawyers generally, and activist lawyers specifically, I examine how practice within a rapidly changing, patchwork legal environment shapes professional identity for this group of lawyers. I draw on interviews with 21 LGBT family lawyers to analyze how the unique features of LGBT family law shape their professional identities and practice, as well as their predictions about the development of the practice in a post-Obergefell world. Findings reveal that the professional identities and practice of LGBT family lawyers are shaped by uncertainty, characteristics of activist lawyering, community membership, and community service. Individual motivations and institutional forces work to generate a professional identity that is resilient and dynamic, characterized by skepticism and distrust coupled with flexibility and creativity. These features are likely to play a role in the evolution of the LGBT family lawyer professional identity post-marriage equality.     

Intention to Leave the Profession: Welfare Social Workers Compared to Health Care and Community Social Workers in Israel

ABSTRACT

This study aimed to compare specific work related-factors (personal factor: length of work experience; structural factors: personal subjection to violence and fear of being subjected to violence; and psychological factors: professional quality of life—compassion satisfaction, burnout, and compassion fatigue) between welfare social workers (SWs) (n = 200) and health care and community SWs (n = 173). Furthermore, since the issue of turnover among SWs has important implications for the provision and programming of social services, the study also aimed to assess the relationship between these factors and SW intention to leave the profession. For the purpose of this study, online questionnaires were distributed to SWs working at social agencies and services. The findings suggest that the two categories of SWs showed a similarity with regard to the association between the personal and structural factors and intention to leave the profession. However, with regard to the psychological factors, the components of professional quality of life were found to operate differently in each category of SWs. It is suggested that future research examine other work-related factors and explore the intention to leave the profession among other social work specializations and employment sectors.     

Experiencing discrimination in Los Angeles: Latinos at the intersection of legal status and socioeconomic status

Despite its recent slowdown, immigration from Latin America continues to be a controversial issue. Some scholars argue that the social climate is increasingly inhospitable to Latinos, potentially fueling discriminatory attitudes and behaviors. However, little research has examined Latinos' experiences with discrimination, especially variation by nativity and legal status. We address this issue with research on perceived discrimination among Mexican and Central American residents of Los Angeles County, a major destination for Latin American immigrants. Using data from the Los Angeles Family and Neighborhood Survey and the American Community Survey, the analyses consider immigrants’ legal status, intersectionality, and competing perspectives on assimilation. The results show that undocumented immigrants do not report especially high levels of discrimination. Instead, young U.S.-born Latinos are the most likely to report mistreatment in interpersonal and institutional domains. Neighborhood ethnoracial and income diversity also have implications for perceived exposure to different types of discrimination.