Pragmatic relevance/strength of lexico-grammar choices in EU legal documents

The present study focuses on the communicative relevance of lexical choices in the documents of the European Union Committee of the Regions （CoR） and of other related bodies within a pragmalinguistic perspective. The function of the Committee of the Regions is to issue opinions on proposals for Community legislation which are closest to the citizen interests - education, youth, culture, health. It is thus a voice at the heart of the EU which aims at increasing the participation of European regions in community life. Our corpus consists in 100 documents （Proposals and Opinions） whose lexico-grammatical aspects and communicative/ rhetorical strategies are here investigated. Our hypothesis is that such texts aim at creating a holistic we to construe a common ground of interests, within the constraints of legal intercourses, shared by both the sender and the receiver of the messages. Frequently occurring lexical items are： welcome, ensure, strengthen, aid. To stress urgency, generate empathy, emphasize needs and endorse value-positions are the recognizable perlocutionary effects of such semantic/pragmatic choices. Tools for analysis were taken from the domain of pragmalinguistics, from Evaluative/Appraisal Frameworks and, also, from social sciences. Particularly relevant appeared the notion of＇advocacy＇ （i.e., when researchers are asked to use their expertise to defend the subjects＇ interests in healthcare, education, political rights, and cultural autonomy）. This study will provide both qualitative and quantitative data to support our hypothesis, and will offer suggestions for further research.     

Biometrics,e-identity and the balance between security and privacy： A case study of Passenger Name Record （PNR） system

The proposal of European Commission for a Framework Decision on the use of Passenger Name Record （PNR） data for law enforcement purposes, specially combating terrorism, raises new security and privacy issues such as the compatibility with the proporsionality principle. Aftermath of the September 11 attacks a new political-law status of ＂war＂ against the so-called unlawful combatants of the ＂enemy is established. Some measures against terrorism may seem reasonable in a situation of war although they would never be acceptable in a time of piece.     

Biometric technology and human rights

Biometrics contributes a new dimension to authentication and identification process of persons. Besides knowledge （passwords） and possession （smart cards）, biometrics provides new means of personal identification. Biometrics procedures are used to recognize or verify behavioral or physical characteristics of a person. Also biometry provides us with a user-friendly method for automatically identification and becoming a competitor for current identification systems, especially for electronic transactions. Cause of biometric increasing position in electronic transaction and security identification system we must to assure perfect information security tools to purpose stability such a systems. But before deploying any security tools or system, one should carefully examine the sensibility and added value of it, as we do in our daily work. However, there are ways to compromise a system based on biometric identification. This article focuses on the future and draw-after of biometric identification, specifically implication on tomorrow＇s network society.     

Effective prison rehabilitation system： Special reference to Sri Lanka

Prison is one of the main and important agencies which involves in the criminal justice process. Offenders who are sentenced to imprisonment are sent to this institution for rehabilitation. The main objective of the prison institution is to rehabilitate prisoners thereby helping them to understand what was wrong with their behaviors and helping them to become productive citizens in the future after releasing from prison. In order to achieve this task, the prison system should take necessary steps to conduct an effective rehabilitation process during the imprisonment period and to ensure the protection of their human rights. The present situation in prisons, the increasing rate of the reconvicted and the recidivism demonstrate that the prison system in Sri Lanka is not able to successfully reach its main goal that of the adequate rehabilitation of offenders and sufficient protection of their rights. This paper focuses on an effective prison rehabilitation system for Sri Lanka through the protection of rights of prisoners. To reach this goal, the role and the importance of the concept of rehabilitation as a main objective of punishment, present international regional and national laws relating to the rights of the prisoner, existing prison system in Sri Lanka, the current problems in our prison system and reasons for the problems are discussed. Furthermore, the initiatives and the measures that could be taken for an effective prison rehabilitation system in Sri Lanka and the role of the public and privates institutions in this regard are also considered.     

Imagining the law and the constitution of societal order in Los Angeles Police Chief William Parker＇s 1965 ＂Crime and the Great Society＂ address

Legal scholar James Boyd White has challenged both lawyers and rhetoricians to imagine the law as an enterprise of language. In contending that members of the legal profession should see law as an activity of speech and imagination occurring in a social world, he has urged lawyers to view the legal profession as an interaction of authoritative texts and as a process of legal thought and argument instead of thinking of law as a technical system of regulations and applying its rules in a mechanical way. By asking members of the legal professional to consider law as rhetoric, White has encouraged them to recognize the socially constitutive nature of language, which runs contrary to a perspective of law as machine or, rather, the law as only a mechanistic system of rules and regulations. His ideas have inspired the ＂law and literature＂ movement, which has motivated other scholars to analyze the texts of judicial opinions, for example, according to White＇s theories. However, this essay takes White＇s concept of imagining the law and applies it public address and, specifically, to the 1965 ＂Crime and the Great Society＂ speech given by former Los Angeles Police Chief William Parker. Chief Parker＇s address reveals a vision for the City of Los Angeles in which Parker, himself, asks his audience of citizens and civic leaders to share for advancing a specific agenda for law enforcement＇s role in society.     

Attitude of managers towards fundamental values within the police

In order to extend understanding of moral and ethics points of view of police managers in Slovenian police, this paper identifies the attitude of police managers towards fundamental values within the police and relations amongst the police organization, the external public and the internal public through a critical analysis of the hierarchical principles and fundamental values. Result indicates that police managers have a critical attitude towards dishonesty in their working environment. The police managers selected family as the most important factor （78.3%） that has the most impact on values in Slovene society. This position does not differ from the position of Slovenes. Police manager＇s attitude towards traditional values is strengthened through their personal development.     

The Niqab in Canada： Is it a charter right？

Although religious beliefs and practices came under Constitutional protection in 1982 by section 2（a） of the Canadian Charter of Rights and Freedoms, the struggle to define what constitutes freedom of religion continues. Currently freedom of religion from the court＇s perspective is a right to be protected as long as its expression does not bring harm or discrimination to others. This definition is one that the courts have already applied to several other different rights. It is a position that while ostensibly static is capable of fluid change as society changes over time. To set in stone how far a freedom may extend is to deny the fact that society does and will continue to change. Views on what constitutes religious beliefs are fluid and a requirement on the extension of protection to those beliefs and actions is argued could hamper the development of multiculturalism.     

Educating adults： The critical role of experiential learni in legal education

For too long, legal educators around the world have treated their students as passive learners, dispensing knowledge either through lectures or through Socratic dialogue with individual students. Studies in adult learning have demonstrated the futility of these passive models in developing within our students the knowledge, skills, and values required to be effective and responsible lawyers. This article therefore describes a very different approach to legal education-an approach that uses experience as the crucible through which to develop the lawyers of tomorrow.     

The impact of economic theories on the law in market relations

The impact of economic theories on legal development, thinking and practice is undeniable. This is particularly true for neo-classical and institutional economics. Neo-classical economics are based on model assumptions of human behaviour such as pursuit of personal advantage, individualistic goals, complete information and at the same time law obedience which are the foundations of the functioning of the market mechanisms. The assumption leads to an almost mystical belief in the self-regulatory power of the market and a strong disdain and disapproval of the State. The concepts of a minimal State and de-regulation of all social relations follow from there. This article argues that model assumptions are valid scientific tools, as long as they are not taken to reflect the real world which is populated by real people that are not necessarily behaving like homines oeconomici. Preaching de-regulation and the dismissal of the State can prove simplistic and even dangerous and may lead to financial and economic crises like the ones witnessed in recent years. Institutional economics part from these empirical findings. They do not question individualism and the pursuit of egoistic objectives of market-participants, but they insist on inherent risks of this mechanism which stems from opportunistic behaviour, lack of information and transparency and the limits of trust. Property economists deduct from there that sustainable and dynamic economic development is unthinkable without well defined property title, the distinction of property and possession and credit securities. These institutions cannot be self-regulatory but need a clear legal frame, in other words rules established by a State. Transaction costs economists understand the danger of opportunistic behaviour and a corresponding systemic lack of trust in the negotiation, conclusion and execution of contracts. They underline the necessity of institutions which are capable of limiting these dangers and thus reducing transaction costs. Institutions may be customs, informal arrangements and formal law. At the end two examples are presented-real estate transactions and post-patriarchal family relations-to test the utility of these considerations.     

Three statutory regimes at impasse： ＂Reverse payments＂ in ＂pay-for-delay＂ settlement agreements between brand-name and generic drug companies

Antitrust authorities in both the United States and Europe have expressed deep concern over settlements of antitrust cases in the pharmaceutical sector, settlements involving ＂reverse payments＂ from plaintiffs to defendants, large sums paid by branded pharmaceutical companies to generic competitors in exchange for promises to stay offthe market. Such ＂pay-for-delay＂ settlements have proliferated in the United States since Federal Circuit Courts of Appeals have found them unproblematic despite the Federal Trade Commission＇s persistently strong position that they violate the antitrust laws. These cases arise at the intersection of three statutory regimes seeking to promote innovation, three clusters of doctrine and policy that have interacted only to reach impasse： the Patent Act, the 1984 amendment to the Food, Drug, and Cosmetic Act, and finally the Sherman Anti-Trust Act. Antitrust is a late comer to the fierce competition over patented drugs, competition that permeates the approval process in the Food ＆ Drug Administration [FDA], competition that is restrained by these pay-for-delay settlement agreements. To set the stage, we begin with the Patent Act and its relationship to the FDA approval process. The story of pay-for-delay settlements then proceeds to the settlement agreements and their antitrust implications. We conclude that the best solution in these antitrust cases would be adoption of the FTC＇s approach of presumptive illegality. Together with an amendment proposed to fix the food and drug act, the presumptive illegality of pay-for-delay settlements under the antitrust laws would make the market for pharmaceuticals more price competitive, open weak patents to serious challenge, and as a result save consumers billions of dollars annually without taking from branded drug companies legitimately earned incentives to engage in research and development.     

Piracy of copyright in Pakistan and its effects

This article analyses the copyright piracy in Pakistan through International Intellectual Property Alliance Reports. Copyright piracy ratio is very high in Pakistan in last fifteen years. The article discusses the piracy situation year wise and its effects on Pakistan economy. In this way, it tries to improve the implementation of intellectual property rights. In the end, the article recommends some suggestions to improve the enforcement situation in Pakistan.     

Factors affecting women＇s participation in indigenous conflict resolution in Issa and Gurgura Clans of Somali,Eastern Ethiopia

This article tries to explore the factors affecting women＇s participation in indigenous conflict resolution among the Issa and Gurgura clans of Somali ethnic group. It also tries to explore the system of conflict resolution among the Issa and Gurgura clans and women＇s representation in the system. It assesses the role of women in the formation of social capital through marriage and blood relations between the different clans. Women are the primary agent in the formation of social capital between clans or ethnic groups. The paper focuses on some of the important elements of the socio-cultural settings of the study community that are in one way or another related to conflict and indigenous conflict resolution mechanisms. It also examines the positive aspects of marriage practices in the formation of social capital which strengthens friendship and unity instead of enmity.     

The international movement to deter corruption： Should China join？

Global concerns over the corruption of weak governments by firms engaged in transnational business are the source of an international movement that emerged in 1997. Special concern is presently directed at the weakness of enforcement of laws enacted in recent times to deter corrupt business practices in international trade that were enacted in response to that movement. One cause of weakness in law enforcement is the failure of China to share actively in those concerns and the efforts to address them. This essay will briefly record steps taken in other nations to address the concerns and the limited effectiveness of those steps. It will urge Chinese participation in the international movement and briefly suggest the need for private enforcement of the law if the movement is to succeed.     

＂Common knowledge＂ and the legal construction of race： Constructions of white people through U.S. expansionism,naturalization and immigration law

This article takes as a starting point, key claims from studies of the invention of the human category ＂white＂ during the late Seventeenth Century in Colonial North America： that ＂white＂ reflecting a unique group of humanity was an invention deployed to divide laborers; that white people were by law assigned greater material value and rendered more valuable; and that those who were seen as white were thought to be like the British and believed to be superior to those seen as nonwhite. Each of these claims will be briefly reviewed. Building upon the foundation of whiteness studies in law and history, this article explores what Ian F. Haney Lopez identifies as the ＂common knowledge＂ of race, the legal standard established within naturalization prerequisite cases in order to determine whether one was racially ＂white＂ by law. This article works to bridge the ideas revealed through studies of the invention of white people within Colonial North America and this legal standard that emerged in the 1920s. U.S. expansionism, immigration and naturalization law in the Nineteenth and Twentieth Centuries provide critical areas of inquiry for the developing understanding of the ＂common knowledge＂ of race and the role of law in the construction of race.     

Problems and experiences： Multiple way of international business dispute settlement in China

Litigation, mediation, negotiation and arbitration are four main methods for dispute settlement. When disputants faced to a dispute, they firstly faced with using which method to solve their disputes. International institutions apply the multiple way for solving the dispute and using all kind of methods with a guideline. In China, the litigation and arbitration also combined with mediation. But it is not completely equal to the multiple way, still need to be improved.     

Mental health symptoms in mutually violence： An empirical research on Taiwanese ＆ US couples

Although there are studies that have investigated the prevalence of dating violence among Taiwanese and U.S. college students, the mental health consequences of the victimization have not been investigated and compared between the two groups. The study explored the prevalence of mutual dating violence （MDV） and the relationship between victimization and mental health symptoms among Taiwanese and U.S. college student heterosexual couples （Taiwan = 1019; U.S. = 1049）. Results were that U.S. participants reported significantly higher partner violence victimization and perpetration than Taiwanese participants. Additionally, strong support for MDV was found in both Taiwanese and U.S. participants. Finally, multivariate analyses found that MDV was significantly related to mental health symptoms among Taiwanese females and males but only for U.S. females. These findings reveal the high prevalence of MDV and suggest similar mental health consequences are similar among some Taiwanese and U.S. victims and therefore, appropriate assessments should be completed to both members of the couple.     

Retirement pensions and gender： The Spanish case from the European perspective

The European Union in its task of coordinating the different social protection systems recommends member countries to take steps to prevent economic imbalances caused by ageing populations. Spain and other European countries-such as Sweden, Italy or Germany, follow the trends marked by the European Union with regard to pensions. In recent years, these countries have carried out reforms to be entitled to benefits, increase the proportionality between contributions and benefits and introduce formulas similar to private funded systems. These reforms will lead to retirement pensions linked to contributions becoming an airtight system, thus excluding the most vulnerable workers from them. This work aims to show that this type of restrictive measures despite being formulated in a neutral way, fail to correct-and actually increase-the differences between women and men in employment, since women are more affected by unstable working conditions than men. Lower wages for women and higher incidences of their careers being interrupted to attend to family duties will make access for women to retirement pensions even harder. The shortfalls in the protection of retirement pensions contrast sharply with a common European employment policy which aims to raise the employment rate of women. Having examined the incidence of this type of reforms from a gender perspective, the final aim of the work will be to show whether the European directive against discrimination regarding Social Security, headed by Directive 79/7 and displayed in the European Court of Justice＇s case law, constitutes an adequate regulatory tool to neutralize those reforms which lead to indirect discrimination.     

Constitutional limitations of the privacy framework advanced in Eisenstadt v. Baird and Roe v. Wade

This paper examines the role of framing in advancing a progressive sexual and reproductive rights agenda. U.S. Supreme Court decisions including Griswold v. Connecticu and Eisenstadt v. Baird helped establish legal precedent invoking a ＂privacy framework＂ for subsequent cases including Roe v. Wade （as well as Doe v. Bolton and, more recently, Lawrence v. Texas）. This paper highlights the limitations of the privacy framework while exploring more potentially efficacious frames.     

Foster children＇s right to family： A description and analysis of the legislative approach in Sweden

This paper emphasizes the foster children＇s right to family life and investigates whether change of custody and guardianship to foster parents is a successful option to achieve this right. Using CRC as the base for my definition of the right to family I will include the right to continuity, well-being and a family environment in the understanding of the term ＂right to family＂ in this article. These rights may, primarily, be fulfilled by the child＇s parents, and, if necessary for the best interest of the child, be complemented or substituted by foster or adoption parents. The analysis of different solutions concerning state interventions will base on Swedish law. In Sweden, a child in need of help or assistance as a result of abuse, neglect, or other inappropriate behavior in the home setting may be helped by the Social Welfare Committee-voluntarily or by a court order-in the child＇s home or a foster home. Other alternatives contain judicial involvement by changing custody and guardianship or making a decision for adoption. Since many years ago, the most commonly used alternative for children needing long term placements outside their homes in Sweden has become foster care. This development of many long-term placements has been criticized for not fulfilling the needs of the children, especially their needs for family continuity, stability and well-being. As a consequence, an amendment to the Social Services Act 200l was enacted in 2003 which states that the Social Services Committee shall consider the ＂permanence＂ of foster care by changing custody and guardianship to the foster parents three years later since a child starts in foster care, and every six months thereafter, as long as the child remains in the foster parents＇ care. Assuming that the foster parents are fit and willing to become custodians and guardians, and the child views the foster home as his or her home, the District Court can decide to change the custody and the guardianship to the foster parents. The assessment is to be based solely on the best interest of the child, and not on the fitness or wishes of the original custodian. However, can changing the custody and guardianship assist foster children＇s right to family？ This paper elaborates on this question by describing a legal reform in Sweden.     

Ethical and legal dilemmas surrounding bio-banking

The interaction of medical technology and advancements in human life and biological tissue offers many possibilities and issues, for example the area of assisted conception and the identification and treatment of disease. However, hand-in-hand with these, ethical dilemmas arise. The overarching ethical issue surrounding cryo-preserved embryos is： Should an embryo be accorded the status of ＇life＇ or should it be labeled nothing more than ＇property＇？ This question is the interaction between frozen embryos and divorce, adoption, research and terminal incidents; it is a legal and ethical quagmire that cannot be readily resolved. This issue is of particular moral importance when one contemplates the fact that the scientific definition of life is dealt with on a continuum ranging from the metabolic view to the emergence of self-consciousness. The question must become property versus life or, in essence, sale or destruction of property versus sale or destruction of life. As this paper will show, the underlying attitudes of the progenitors involved in cryogenics can be driven by the darker side of our species; that side being the possible exploitation of those individuals or those capable of becoming individuals for personal and community gain while denying or rationalizing that point of view to society as a whole.