美国反校园欺凌立法中欺凌行为的属性界定和程度判定--基于美国各州相关法案的比较分析

校园欺凌早已成为世界各国共同面临的社会问题,当前呈现出诸多新特性。由于其产生原因复杂,各种校园欺凌治理路径繁多但有效性不足。相较于其他治理措施,法律治理一般具有更强的约束力、可预期性以及长期性。由此,各国政府纷纷出台反校园欺凌的法规和政策。在联邦政府的反校园欺凌倡议下,美国50个州对联邦法中抽象的一般性规定进行补充解释,形成了联邦倡议、州立法和判例法相互补充的三维反校园欺凌法规体系。欺凌行为的属性界定和程度判定是否合理,关乎后续是否能够精准制定防治措施。根据奥维斯对欺凌行为三要素的界定,发现全美50个州有关反校园欺凌的立法对欺凌行为进行了详细定义,既有对欺凌行为的描述性定义,也有治理欺凌行为的操作性界定。在欺凌行为的程度判定上,各州重点对骚扰、恐吓和欺凌进行了区分,清晰界定了交罚金、判处分、受监禁三种惩罚方式的适用条件。美国各州在反校园欺凌立法中对欺凌行为的属性界定和程度判定,对完善我国反校园欺凌立法具有一定的借鉴价值。

Projections of Wind Changes for 21st Century in China by Three Regional Climate Models

This paper examines the capability of three regional climate models (RCMs), i.e., RegCM3 (the International Centre for Theoretical Physics Regional Climate Model), PRECIS (Providing Regional Climates for Impacts Studies) and CMM5 (the fifth-generation Pennsylvania State University-the National Center for Atmospheric Research of USA, NCAR Mesoscale Model) to simulate the near-surface-layer winds (10 m above surface) all over China in the late 20th century. Results suggest that like global climate models (GCMs), these RCMs have the certain capability of imitating the distribution of mean wind speed and fail to simulate the greatly weakening wind trends for the past 50 years in the country. However, RCMs especially RegCM3 have the better capability than that of GCMs to simulate the distribution and change feature of mean wind speed. In view of their merits, these RCMs were used to project the variability of near-surface-layer winds over China for the 21st century. The results show that 1) summer mean wind speed for 2020-2029 will be lower compared to those in 1990-1999 in most area of China; 2) annual and winter mean wind speed for 2081-2100 will be lower than those of 1971-1990 in the whole China; and 3) the changes of summer mean wind speed for 2081-2100 are uncertain. As a result, although climate models are absolutely necessary for projecting climate change to come, there are great uncertainties in projections, especially for wind speed, and these issues need to be further explored.

A Study of Extratropical Transition and Re-Intensification of Typhoon Mindulle(2004)

In this study,the fifth-generation Pennsylvania State University-National Center for Atmospheric Research (PSU-NCAR) Mesoscale Model (MM5) is used to simulate Typhoon Mindulle (2004) at high resolution (3-km grid size).The data from measurements show that in the upper atmosphere the existence of an upper jet is important to the transition cyclone.When Mindulle moved to the area of the upper jet entrance,where high-altitude divergence existed, the pumping of the high-altitude divergence would enhance the vertical motion and low-level cyclone convergence. The enhanced vertical motion was confirmed by the simulation results and indicated that the existence of upper divergence enhanced the vertical motion which was favorable for the maintenance of Typhoon Mindulle.The process of extratropical transition (ET) and re-intensification always accompanies the process of cold air invasion. This process enhances the baroclinicity of the atmosphere and the formation of front at high altitudes, which converts baroclinic potential energy into kinetic energy and strengthens the cyclone vortex.The distributions of equivalent potential temperature (θe) and temperature anomalies show that the warm-core of the typhoon at the tropopause aids the re-intensification of the system. As the typhoon reenters the ocean, latent heat flux (LHF) increases in the north and west and the strong reflectivity and vertical motion occur in the east and southeast,and the west.With the re-intensification of the typhoon the wind field evolves from an oval to a circle at the lower atmosphere, the area coverage by high winds increases, and the distribution of the tangential wind shows an asymmetric pattern.

THE THEORY OF MOIST POTENTIAL VORTICITY AND ITS APPLICATION IN THE DIAGNOSIS OF TYPHOON RAINFALL AND INTENSITY

This paper tests the impacts of cloud-induced mass forcing on the moist potential vorticity （MPV） anomaly associated with torrential rains caused by Typhoon No.9914 （Dan） by using fine model simulation data outputted by the Fifth-Generation NCAR / Penn State Mesoscale Model （MMS）. The diagnostic results show that the positive MPV anomaly region, which is obtained by integrating the MPV from 600 hPa to 300 hPa in the vertical, roughly coincides with the precipitation at their synchronous stages either in position or in the distribution pattem, and the maximum positive MPV area of Dan is located mainly between 600 hPa and 300 hPa, which is much higher than torrential rain cases. Further analyses also showed that the value of positive MPV anomaly increased or decreased with the development of Dan, and the positive MPV anomaly may also be served as a tracer to indicate the evolution of tropical cyclone intensity.

The Health and Morals of Minors： The Glue-Sniffing Epidemic in Louisiana Legislation and Law, 1966-1972

In response to horror stories throughout the country concerning childhood deaths from sniffing model airplane glue, organizations around Louisiana would begin lobbying for legislation to criminalize the practice in 1966. State lawmakers spent much of that summer crafting an anti-glue-sniffing measure for the state. The debates that resulted from the attempt, however, never really focused on the sustainability or practical use of such a law, but instead on the kind of law it would ultimately be -- whether, for example, retailers would be liable for selling glue to minors, even though model airplanes and other kits and toys required such items. Or whether the ingredients in model airplane glue could be classed as schedule one narcotics. Such questions ultimately framed a debate about the fundamental nature of the offense being committed. Ultimately, （unlike other Deep South states） Louisiana decided that sniffing glue was not a drug crime. Instead, it was a problem that affected ＂the health and morals of minors＂.