Interpretation of Law and Judges Communities

The principle of omnia sunt interpretanda refers to the derivational conception and derivational theory of interpretation. The principle appears in disputes concerning the role of a judge in the process of interpretation, and this has produced an effect that Polish theory of law is currently getting closer to the conceptions presented in the American debate on activism and textualism. In the practice of jurisdiction, the principle of omnia sunt interpretanda is mostly invoked outside theoretical context. It becomes a manifestation of a new dimension of judicial independence, namely an independent authority over the meaning of legal text. In the following paper the legal cultures and legal theories involved in the dispute are being disclosed in order to put in question the possibility of achieving a clear result of interpretation against a background of a crisis of the relations between law and law-making state, which manifests itself in the peculiar process of legal institutions becoming autonomous in relation to state institutions. In this context, the aforementioned principle constitutes the manifestation of the way in which courts come up with a new definition of the role of the third (sui generic) power. The certain organizational requirements placed upon the courts (especially the SAC and provincial administrative courts) are being scrutinized in order to find out in which mode it is possible to at least reduce the degree of inconsistency of the results of interpretation. Here, the attempt to organize a community of judges for the activities of legal interpretation undertaken by them plays a crucial role.     

Do Rankings Matter? The Effects of U.S. News & World Report Rankings on the Admissions Process of Law Schools

In recent years, there has been a tremendous proliferation of quantitative evaluative social measures in the field of law as well as society generally. One of these measures, the U.S. News & World Report rankings of law schools, has become an almost obsessive concern of the law school community, generating a great deal of speculation about the effects of these rankings on legal education. However, there has been no attempt to systematically ascertain what, if any, effects these rankings have on the decisionmaking of students and schools in the admission process. This article documents some of these effects by conceptualizing rankings as a signal of law school quality, investigating (1) whether students and schools use this signal to make decisions about where to apply and whom to admit, and (2) whether the creation of this signal distorts the phenomenon—law school quality—that it purports to measure. Using data for U.S. law schools from 1996 to 2003, we find that schools' rankings have significant effects on both the decisions of prospective students and the decisions schools make in the admissions process. In addition, we present evidence that the rankings can become a self-fulfilling prophecy for some schools, as the effects of rank described above alter the profile of their student bodies, affecting their future rank. Cumulatively, these findings suggest that the rankings help create rather than simply reflect differences among law schools through the magnification of the small, and statistically random, distinctions produced by the measurement apparatus.     

Mexico: Cartels,corruption and cocaine: A profile of the Gulf cartel

This text constructs a profile of one of Mexico's most powerful organised crime groups, the Gulf cartel. The text analyses the power of the cartel in the international system, the effects globalisation has had on its operations, the threats it poses to the state, and the obstacles the state faces in countering transnational organised crime groups.     

德国及欧盟反垄断法中的商标许可合同

TRIPs协议原则上规定了应对知识产权许可合同中阻碍技术转让的滥用知识产权限制竞争行为进行控制,而且还列举了知识产权许可合同中几种典型的滥用知识产权的限制竞争行为,如:独占性回授、不争条款及强制搭售.但对于其他滥用知识产权限制竞争行为,以及不同许可合同中滥用知识产权限制竞争行为是否应采取不同的措施,却留给了成员国内法自行解释,并没有明确做出强制性统一规定.     

Psychological Injury and Law: Journal Policy on Ongoing Debates

This journal, Psychological Injury and Law, has made it a policy to publish articles that are part of ongoing debates. They might not be subject to the standard review process and are published from the perspective that the reader should decide on the merits of the science and arguments presented and that rebuttals, as well, should be allowed in order to make the best scientific case possible. In response to queries, the journal editor describes in depth the review process undertaken for Butcher et al. (Psychological Injury and Law 1(3):191–209, 2008). The journal editor indicated to the reviewers of Butcher et al. (Psychological Injury and Law 1(3):191–209, 2008), that “we let opinions stand even if we do not agree with them, checking uniquely the methodology, data, and science underlying the opinion, and let the scholar writing the rebuttal deal with any differences of opinion, also by addressing methodology, data, and science.” Ben Porath et al. (Psychological Injury and Law 2(2), 2009) have written a rebuttal of Butcher et al., equally reviewed from this perspective.     

The First American Psychology and Law Society Scientific Review Paper

Law and Human Behavior -     

Law and Market Economy: The Triadic Linking of Law,Economics, and Semiotics

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -     

论科学发展观与法律的生态化

科学发展观作为崭新的发展观,是对传统发展观的反思和超越,它意味着要建立全新的社会生产方式,而这种全新社会生产方式的建立必将开启一种有别于传统工业文明的新文明,即生态工业文明,并形成一整套有别于传统工业文明的政治、法律、经济、文化体制,从而推动法律朝着生态化的趋势发展。     

创办初期的《比较法研究》

一转眼,《比较法研究》创刊已经二十年,自己离开《比较法研究》也有十二个寒暑了。在这段时间里,我当然还是一直牵挂着这份刊物,那毕竟是自己参与创办的刊物,也是个人兼职编辑生涯的一个起点。龙卫球教授命我写一点周年感言,仿佛有很多话要说,但一时又不知从何谈起。1980年代中期,中国政法大学开始有意识地推进比较法学的研究,这跟时任副校长的江平先生有很大关系。先是在研究生院里成立了比较法研究室,到1986年报司法部批准,研究室变成了直属学校的外国法研究所。记得当时所中有几位前辈学者,包括法理学专家王勇飞教授,苏联法专家史越教授,…     

科学发展观与商法的价值构造

科学发展观的内容与商法的价值是不谋而合的,二者之间具有一定的契合关系.科学发展观中的经济全面发展、协调发展与可持续发展的要求应分别由商法的营业自由、交易安全与社会责任三种价值来加以实现.商法的三大价值,其功能在于实现交易者自身利益、他人利益以及社会利益的平衡与协调一致,这也是科学发展观的精髓所在.我国应当在科学发展观的指引下,运用商法价值对商事制度体系进行立法完善,更好地促进市场经济又快又好地发展.     

Psychological Injury and Law: Editorial Introducing a Journal and an Association

In this inaugural editorial to the journal, I describe briefly the topic of psychological injury and law and the association set up to house this the new journal on the topic. I present the journal’s aims and scope and invite members of the relevant professional communities to participate in our work and publications.