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    <title>Erasmus Centrum voor Recht en Samenleving (ECRS); Erasmus Center Law and Society</title>
    <link>http://repub.eur.nl/res/org/1207/</link>
    <description>List of Publications</description>
    <language>en</language>
    <image>
      <url>http://repub.eur.nl/static-eur/img/logo.png</url>
      <title>RePub, Erasmus University Rotterdam</title>
      <link>http://repub.eur.nl</link>
    </image>
    <item>
      <title>What gives? Cross-national differences in students' giving behavior (Article)</title>
      <link>http://repub.eur.nl/res/pub/26343/</link>
      <pubDate>2011-06-01T00:00:00Z</pubDate>
      <description>
        
        This study is targeted to understanding the giving of time and money among a specific cohort - university students across 13 countries. It explores predictors of different combinations of giving behaviors: only volunteering, only donating, neither, as compared to doing both. Among the predictors of these four types of giving behavior, we also account for cross-national differences across models of civil society. The findings show that students predominantly prefer to give money than to volunteer time. In addition, differences in civil society regimes provide insights into which type of giving behavior might dominate. As expected, in the Statist and Traditional models of civil society, students consistently were more likely to be disengaged in giving behaviors (neither volunteering nor giving money) in comparison to students in the Liberal model who were more likely to report doing 'both' giving behaviors. An important implication of our findings is that while individual characteristics and values influence giving of time and money, these factors are played out in the context of civil society regimes, whose effects cannot be ignored. Our analysis has made a start in a new area of inquiry attempting to explain different giving behaviors using micro and macro level factors and raises several implications for future research. 
      </description>
      <author>Kang, C.</author> <author>Handy, F.</author> <author>Smith, K.A.</author> <author>Yamauchi, N.</author> <author>Zrinscak, S.</author> <author>Hustinx, L.</author> <author>Cnaan, R.A.</author> <author>Brudney, J.L.</author> <author>Haski-Leventhal, D.</author> <author>Holmes, K.</author> <author>Meijs, L.C.P.M.</author> <author>Pessi, A.B.</author> <author>Ranade, B.</author>
    </item> <item>
      <title>Violence in the Family : An Integrative Approach to Its Control (Article)</title>
      <link>http://repub.eur.nl/res/pub/23075/</link>
      <pubDate>2010-08-01T00:00:00Z</pubDate>
      <description>
        
        In this issue of IJOTCC, three articles address violence in the family, including domestic violence, intrafamilial child molestation, and intimate partner homicide.
In this editorial, I suggest an integrative approach toward the classification of the perpetrators of such violence that would allow the various disciplines that do research on this topic to integrate their findings and find a better approach to the problem.
The fields of forensic psychiatry and psychology are well aware of the phenomenon of family violence, not only because of their knowledge of the suffering of the adult members of the family but especially because of the devastating effects of family
violence on the psychosocial development of the children. Indeed, the aggressive behavior of children learned at home is reinforced by their often successful acting out in school or with their peers. Teenagers, especially, show this behavior as a means to express their assertive views within their groups—of the same or opposite sex. That creates a vicious circle, because at a certain point the victims, no longer tolerating the abuse, will retaliate in self-defense or retreat into emotional escapism.
      </description>
      <author>Marle, H.J.C.  van</author>
    </item> <item>
      <title>The Indeterminacy of an Emergency: Challenges to Criminal Jurisdiction in Constitutional Democracy (Article)</title>
      <link>http://repub.eur.nl/res/pub/18565/</link>
      <pubDate>2010-06-01T00:00:00Z</pubDate>
      <description>
        
        In this contribution I address the type of emergency that threatens a state's monopoly of violence, meaning that the state's competence to provide citizens with elementary security is challenged. The question is, whether actions taken by the state to ward off these threats (should) fall within the ambit of the criminal law. A central problem is the indeterminacy that is inherent in the state of emergency, implicating that adequate measures as well as constitutional constraints to be imposed on such measures cannot easily be determined in advance. This indeterminacy raises two interrelated issues. Firstly, the issue of whether it makes sense to speak of criminal jurisdiction when the existing jurisdiction is challenged as such. To what extent does the indeterminacy call for inherently unlimited powers of the state, implying there can be no such thing as criminal jurisdiction during a state of emergency? Second-if criminal jurisdiction is not in contradiction with the state of emergency-the issue of what criminal liability could mean in such a state needs to be confronted. To what extent does the indeterminacy inherent in the state of emergency jeopardise criminal liability because such indeterminacy engenders severe legal uncertainty regarding the standards against which the relevant actions are to be judged? Both issues will be discussed from the perspective of constitutional democracy, assuming that what is at stake in times of emergency is both the competence to sustain the monopoly of violence and the possibility to constrain the powers of the state. © 2010 The Author(s).
      </description>
      <author>Hildebrandt, M.</author>
    </item> <item>
      <title>A classification of risk factors in serious juvenile offenders and the relation between patterns of risk factors and recidivism (Article)</title>
      <link>http://repub.eur.nl/res/pub/23076/</link>
      <pubDate>2010-02-01T00:00:00Z</pubDate>
      <description>
        
        Abstract
BACKGROUND: There has been a lot of research on risk factors for recidivism among juvenile offenders, in general, and on individual risk factors, but less focus on subgroups of serious juvenile offenders and prediction of recidivism within these.
OBJECTIVE: To find an optimal classification of risk items and to test the predictive value of the resultant factors with respect to severity of recidivism among serious juvenile offenders.
METHOD: Seventy static and dynamic risk factors in 1154 juvenile offenders were registered with the Juvenile Forensic Profile. Recidivism data were collected on 728 of these offenders with a time at risk of at least 2 years. After factor analysis, independent sample t-tests were used to indicate differences between recidivists and non-recidivists. Logistic multiple linear regression analyses were used to test the potential predictive value of the factors for violent or serious recidivism.
RESULTS: A nine-factor solution best accounted for the data. The factors were: antisocial behaviour during treatment, sexual problems, family problems, axis-1 psychopathology, offence characteristics, conscience and empathy, intellectual and social capacities, social network, and substance abuse. Regression analysis showed that the factors antisocial behaviour during treatment, family problems and axis-1 psychopathology were associated with seriousness of recidivism.
CONCLUSIONS AND IMPLICATIONS FOR PRACTICE: The significance of family problems and antisocial behaviour during treatments suggest that specific attention to these factors may be important in reducing recidivism. The fact that antisocial behaviour during treatment consists mainly of dynamic risk factors is hopeful as these can be influenced by treatment. Consideration of young offenders by subgroup rather than as a homogenous population is likely to yield the best information about risk of serious re-offending and the management of that risk.
      </description>
      <author>Mulder, E.A.</author> <author>Brand, E.</author> <author>Bullens, R.W.</author> <author>Marle, H.J.C.  van</author>
    </item> <item>
      <title>Losers in market transition: The unemployed, the retired, and the disabled (Article)</title>
      <link>http://repub.eur.nl/res/pub/15842/</link>
      <pubDate>2009-02-01T00:00:00Z</pubDate>
      <description>
        
        The market transition debate is almost primarily focused on the 'winners' and on what happens to the formerly privileged during the market transformation process in post-Communist societies. This study emphasizes the impact of the market transformation process on the income of those who have few resources and are eligible for social benefits. Are these people the 'real' losers of the market transformation process in post-Communist societies OLS regression models are estimated based on 50 standardized cross-sectional surveys on the Czech Republic, Hungary, Poland, Russia, and Slovakia covering a period from 1991 to 2002. The analyses show that the unemployed have the lowest income and that the income of retirement and disability pensioners is relatively protected, especially during the early transformation years. Education seems to be a helpful resource for the unemployed and pensioners, but not specifically during the turbulent early transformation years. Results on the income effect of urban residence are inconclusive.
      </description>
      <author>Verhoeven, W-J.</author> <author>Jansen, W.</author> <author>Dessens, J.</author>
    </item> <item>
      <title>Targets of violence and psychosocial problems in psychotic offenders detained under the Dutch Entrustment Act (Article)</title>
      <link>http://repub.eur.nl/res/pub/14375/</link>
      <pubDate>2008-11-10T00:00:00Z</pubDate>
      <description>
        
        During the past 16 years, a small body of literature has accumulated regarding the sociodemographic characteristics of offenders with a major mental disorder (MMD). The general conclusion is that the combination of having a MMD and living in meagre, stressful circumstances may be much more predictive of the characteristics of social networks, relationships, and the risk of violence than any clinical factor alone. The aim of the present study was to test these findings. Four groups of patients were considered: three groups of offenders who had committed a very violent crime and had a psychosis or personality disorder or a combination of both, and one group from a general psychotic population. Retrospective data were collected and sociodemographic, diagnostic (DSM-IV), and psychiatric history variables were compared. There was a tendency for those detainees with a personality disorder to have victimised their partners, and for those detainees with psychosis to have victimised 'business relations', such as caregivers. Psychotic offenders had not experienced fewer problems than personality-disordered detainees in the two years before the offence. Psychotic detainees are often excluded from the care they need, but when they finally get care, their caregivers are at risk of violence.
      </description>
      <author>Goethals, K.R.</author> <author>Gaertner, W.J.P</author> <author>Buitelaar, J.K.</author> <author>Marle, H.J.C.  van</author>
    </item> <item>
      <title>Behaviour problems in childhood and adolescence in psychotic offenders: An exploratory study (Article)</title>
      <link>http://repub.eur.nl/res/pub/15145/</link>
      <pubDate>2008-09-25T00:00:00Z</pubDate>
      <description>
        
        Background: Several studies have shown that adults who develop schizophrenia and commit a criminal offence may already have shown behaviour problems in childhood or adolescence. It is less clear whether such problems follow a particular pattern in such patients. Aims: To examine the utility of the Child Behavior Checklist (CBCL) among offenders, to test whether externalizing behaviour problems, as measured by the CBCL, are more frequent in psychotic offenders than in non-offenders with psychosis, and to investigate relationships between early behavioural problems and adult personality disorder in psychotic offenders. Methods: Three groups of violent offenders detained under the Dutch Entrustment Act (TBS-detainees)(n = 78) and one group of psychotic patients in general psychiatry (n = 16) were rated from case records on the CBCL. Results: There was a significant difference between psychotic offenders with a personality disorder (n = 25) and the non-offender patients with psychosis (n = 16) on the 'delinquent behavior' scale, but no such difference between psychotic offenders with (n = 25) and without (n = 21) personality disorder. A hierarchic cluster analysis revealed significantly higher scores for externalizing behaviour in all TBS-detainees with a personality disorder. Those starting to offend early had higher scores for externalizing behaviour than late starters. Conclusions: Psychotic and non-psychotic offenders with personality disorder resemble one another in their early childhood behaviour problems; psychotic offenders without a personality disorder differ from these two groups but resemble non-offenders with psychosis. In contrast to findings in non-forensic populations, there were no differences on other problem scales of the CBCL. Given the small sample sizes, replication is needed, but the findings lend weight to treatment models which focus on the psychosis in the latter two groups but extend also to personality disorder in the former.
      </description>
      <author>Goethals, K.R.</author> <author>Willigenburg, L.</author> <author>Buitelaar, J.K.</author> <author>Marle, H.J.C.  van</author>
    </item> <item>
      <title>Income advantages of communist party members before and during the transformation process (Article)</title>
      <link>http://repub.eur.nl/res/pub/15988/</link>
      <pubDate>2008-07-01T00:00:00Z</pubDate>
      <description>
        
        In this study contradictory hypotheses are tested about the changing income advantages of Communist Party (CP) members derived from the Elite Circulation Thesis and the Elite Reproduction Thesis, using cross-sectional datasets from before and during the transformation process. CP members are matched with non-CP members on several important income determinants such as human capital, occupational class, market capital, age, gender, and marital status. Independent-samples t-tests, on differences in mean personal (ln)income reveal that CP members earn more than non-CP members do before and during the transformation process. An ANOVA shows that the income advantages of CP members are most persistent in the Czech Republic and Russia while they get smaller in Slovakia and Hungary. Comparing the four countries suggests that the remaining income advantages of CP members may partly be explained by transformation specific differences between countries.
      </description>
      <author>Verhoeven, W-J.</author> <author>Flap, H.</author> <author>Dessens, J.</author> <author>Jansen, W.</author>
    </item> <item>
      <title>Developing a Brief Cross-Culturally Validated Screening Tool for Externalizing Disorders in Children (Article)</title>
      <link>http://repub.eur.nl/res/pub/12203/</link>
      <pubDate>2008-03-01T00:00:00Z</pubDate>
      <description>
        
        Objective: Most screening instruments for externalizing disorders have been developed and validated in Western
children. We developed and validated a brief screening instrument for predicting externalizing disorders in native Dutch
children as well as in non-Dutch immigrant children, using predictors that can be easily obtained from teachers. Method:
Teachers completed the Strengths and Difficulties Questionnaire for an ethnic diverse sample of 2,185 children ages 6
to 10 years. In a stratified subsample, 254 children and their parents were additionally interviewed regarding psychiatric
disorders and sociodemographic data. In this group, stepwise logistic regression was used to derive a score from sex
and all items of the Hyperactivity and Conduct Problems Scale of the Strengths and Difficulties Questionnaire,
for predicting a best-estimate diagnosis of any externalizing disorder. The accuracy of the score was compared between
native Dutch and non-Dutch immigrant children. Results: Ninety-one cases of externalizing disorders were identified.
An externalizing disorder could be predicted by the items restless, obeys, lies, and concentrates. Sex and ethnicity did
not contribute to a prediction of an externalizing disorder. The area under the receiver operating characteristic was
0.84 (95% confidence interval 0.79Y0.89), indicating good discriminatory power with no substantial differences between
native Dutch and non-Dutch immigrant children. Conclusions: Externalizing disorders in both native Dutch and non-
Dutch immigrant children can be predicted with a scoring rule, based on only four items that can be easily assessed by
teachers. Before this internally validated prediction tool can be implemented, external validation in another sample is
necessary.
      </description>
      <author>Zwirs, B.W.C.</author> <author>Burger, H.</author> <author>Schulpen, T.W.J.</author> <author>Buitelaar, J.K.</author>
    </item> <item>
      <title>Saidabad, Pretoria, Sarajevo, The Hague, Brussels: conflicts and cooperation in security and policing (Article)</title>
      <link>http://repub.eur.nl/res/pub/14594/</link>
      <pubDate>2008-01-01T00:00:00Z</pubDate>
      <description>
        
        
      </description>
      <author>Dorn, N.</author> <author>Vander Beken, T.</author>
    </item> <item>
      <title>Dubbelzinnig Recht (Book)</title>
      <link>http://repub.eur.nl/res/pub/1208/</link>
      <pubDate>2004-04-02T00:00:00Z</pubDate>
      <description>
        
        De drie artikelen in deze bundel zijn speciaal geschreven voor de cursus Inlei-ding Rechtssociologie. Het fundament van de cursus is De samenleving als schouwspel en op die basis wordt in deze artikelen verder gewerkt. De tekst over Dahrendorf en 'Dubbelzinnig recht' werden eerder gebruikt in de cursus van 1996/1997. 'Rechtssociologische inzichten' is een nieuwe tekst. Er worden onderwerpen in uitgewerkt die in de twee andere teksten kort worden aan-geroerd. Daarom zijn die teksten – in vergelijking met het vorige cursusjaar – enigszins aangepast.
      </description>
      <author>Pieterman, R.</author>
    </item> <item>
      <title>Trucking onder Warschau en Montreal (Article)</title>
      <link>http://repub.eur.nl/res/pub/1880/</link>
      <pubDate>2004-04-01T00:00:00Z</pubDate>
      <description>
        
        De luchtvervoerder vervoert goederen door de lucht. Dit lijkt een voor de hand liggend gegeven, maar niets is minder waar. Binnen Europa kiezen luchtvervoerders er namelijk in toenemende mate voor om bepaalde trajecten niet door de lucht, maar over de weg af te leggen. Op bepaalde trajecten gebeurt dit op zo'n grote schaal, dat daadwerkelijk vervoer van luchtvracht door de lucht zeldzamer is dan vervoer over de weg. Er zijn tal van omstandigheden die vervoer van luchtvracht over de weg aantrekkelijk maken voor de luchtvervoerder. Vaak wordt voor een wegtraject gekozen vanuit een financieel of capaciteitsoogpunt. Luchtverbindingen tussen centrale luchthavens (hubs) en kleinere luchthavens (overloopluchthaven) zijn niet tlijd
voorhanden en (grotere) freighters, bestemd voor intercontinentale vluchten, kunnen niet vanaf ieder luchthaven worden ingezet. Bovendien gelden op de - in dichtbevolkte gebieden gelegen - centrale Europese luchthavens vaak nachtstartverboden. Binnen Europa zal vervoer over de weg dan ook dikwijks minder tijd in beslag nemen dan vervoer door de lucht
      </description>
      <author>Koning, I.</author>
    </item> <item>
      <title>The New Partnership Approach in the 2003 Belgium-Netherlands Tax Treaty (Article)</title>
      <link>http://repub.eur.nl/res/pub/1874/</link>
      <pubDate>2004-03-01T00:00:00Z</pubDate>
      <description>
        
        Since 1 January 2003, a new double tax Treaty is applicable between Belgium and the Netherlands. The old Treaty of 1970 already included a specific provision relating to partnerships. Including three distinct provisions has now expanded the tradition and it is the objective of this expose to examine these provisions in their domestic and international context. For that purpose, first the general approach under the previous Treaty and under the OECD Commentary will be outlined. Next the authors will place the domestic classification rules for foreign entities of each Contracting State under scrutiny and apply them to the other State's partnerships. Finally they will examine the specific partnership provisions of the new Treaty by analysing the examples given in the Joint Explanatory Notes, Evidently, reference will be made to the treatment of analogue situations suggested by the OECD Partnership Report. As the provisions seem to overlap to some extent, the nature of their interrelationship is also contemplated
      </description>
      <author>Fibbe, G.K.</author> <author>Isenbaert, M.</author>
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