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1.
Digital broadcast television technology allows broadcasters to multicast, or air several programming streams in the space formerly occupied by only one channel. Guided by Philip Napoli's concept of media content diversity, this study asks how well the DTV system in the United States exploits digital technology's potential for adding new voices and ideas to the television landscape. The FCC's market-oriented approach to content regulation and DTV implementation are explored, and an analysis of multicasting use and programming shows that the digital broadcasting space is going greatly underutilized and broadcasters are adding little content diversity to the airwaves.  相似文献   

2.
Before 1539, highway improvement in England and Wales (other than the clearance of illegal obstructions) was achieved only by crown licence following a satisfactory inquisition ad quod damnum. Magna Carta chapter 39 recorded that ‘that no free man is to be?…?disseised?…?except by?…?the law of the land’, but in the wake of other wide-ranging reforms in the 1530s, amid a growing sense of the common weal and desire for ‘improvement’, parliament overcame this obstacle to economic infrastructural development by adjustment of ‘the law of the land’, assuming prerogative power and delegating by statute the authority for the compulsory purchase of land. In this case it was for river navigation at Exeter, and not until 1662 was the power extended to roads. Compensation was always to be paid, but legislation rarely stipulated the explicit outright purchase of freehold. Parliament was willing to grant these powers to trustees or other public bodies, or indeed to private individuals, but only if it was considered that doing so served the public interest.  相似文献   

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在效率理论呼应下,诉讼经济原则成为研究程序经济性的一个重要分析工具.为此,刑事诉讼程序的运作应该在达成诉讼目的的前提下,强调迅速裁判,讲究程序简化和避免程序浪费或程序重复.诉讼经济原则要求刑事诉讼程序的设计与运行体现成本控制和协商合意的理念与机制,以此作为考量,辩诉交易、和解不起诉、污点证人豁免的制度确立和简易程序的完善将是中国刑事诉讼立法的科学选择.  相似文献   

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This article deals with the interactions between national and European legal corpuses about insular territories. French outermost regions (ORs) were first called “départements d’outre-mer” (overseas departments) at the dawn of the French Fourth Republic; they are distinct from other overseas entities. This denomination is used again in the initial EEC treaty in which French overseas departments and overseas countries and territories (OCTs) are distinct. Together with Spanish and Portuguese outermost regions, French overseas departments manage to change EU law in favour of ORs even if the legal differentiation has limits. Moreover, some recent amendments to the French Constitution allow for status variations and even mutations, which can also be found nowadays in EU law.

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6.
Most proponents of restorative justice admit to the need to find a well defined place for the use of traditional trial and punishment alongside restorative justice processes. Concrete answers have, however, been wanting more often than not. John Braithwaite is arguably the one who has come the closest, and here I systematically reconstruct and critically discuss the rules or principles suggested by him for referring cases back and forth between restorative justice and traditional trial and punishment. I show that we should be sceptical about at least some of the answers provided by Braithwaite, and, thus, that the necessary use of traditional punishment continues to pose a serious challenge to restorative justice, even at its current theoretical best.
Jakob von Holderstein HoltermannEmail:
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7.
证据调查即证据的审查核实是法官认定案件事实的基础.从大陆法系的民事诉讼立法来看,证据调查都受到了特别的重视,其不仅是民事诉讼中的重要制度,同时也是民事案件审理过程中一个相对独立的程序.证据调查程序在实现其对于事实探知的价值同时也平衡考虑对于当事人的权利保障.而我国民事诉讼中的“证据审核”注重的是如何审查判断证据的技术性规范,而忽略了法官具体审查证据的程序性规范;注重的是法官对于证据的认定,而忽略对于证据的审查核实;注重“结果”,而忽略“过程”.因此,我国对于“证据审核”制度的完善一方面应对之通过有效的程序予以约束,另一方面,则应保障当事人在程序中的基本权利.  相似文献   

8.
国内理论界和实务界关于当事人合意变更涉外仲裁裁决司法审查范围的争论不多,但该类问题在美国已经争论多年,并已由联邦最高法院形成全联邦适用的判例.通过对美国相关案例梳理后提出,我国司法解释已确认《仲裁法》第70条和《民事诉讼法》第258条第1款规定为强行性规则,法院应据此对当事人合意变更涉外仲裁裁决司法审查的范围裁决无效,并借鉴美国经验,针对不同情况分别提出该条款无效后的处理方案.  相似文献   

9.
Rational organization of state authority is one of the principal conditions for overcoming the total crisis—economic, financial, social, political, cultural, and interethnic—into which Russia has plunged. But for this we need time, we need to improve the country's social climate, and we need to broaden the basis of support for reforms. We must also rid ourselves of the Bolshevik ideology that has weighed heavily on Russia's shoulders for three-quarters of a century.  相似文献   

10.
《Justice Quarterly》2012,29(3):439-468
This article proposes an alternative vision for what criminal justice can represent such that its interests in becoming a full‐fledged academic discipline are advanced. Linked to philosophical inquiry (the under‐laborer), emphasis is placed on explicating how insights derived from ontology, epistemology, aesthetics, and ethics underscore the field. Coupled with this more probing excursion is psychoanalytic reflexivity (the criminology of the shadow). The manner in which the philosophical lens informs criminal justice is delineated, and the logic of this shadow criminology is described. As dimensions of an inclusive organizing scheme, their potential for fostering integration in crime and justice studies consistent with the goals of disciplinary identity and legitimacy is explored. The implications of the proposed model—especially for charting a new direction in theory, research, policy, and pedagogy—are also highlighted.  相似文献   

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Is Google in its quest for search engine optimization through the creation of new technologies, which not only improves its search algorithms but also refines its search functions for users, doing it in a manner that makes it a perpetrator of primary copyright infringement or an invaluable facilitator for Internet functionality? How should the balance of interests in the treatment of creative works be recalibrated in the face of changes in search engine technology and operations, and the disputes that have arisen within the last decade in the context of the digital age and its needs? Using Google as a case study, this paper will look at the two main areas of dispute over the operations of information locator tools and services that either threatens search engine functionality and efficiency or weakens copyright holders’ exclusive rights. It proposes a concerted set of solutions through a reassessment and amendment of copyright law to optimize the social benefits and objectives of both the copyright regime and technological innovations in the electronic model of information archiving, indexing and delivery. A fair distribution of responsibilities and allocation of rights and liabilities will be suggested. In the process, due consideration will be given to both public and private interests, with the former taking precedence; while the recommended solutions will be made within the currently outdated framework for Internet intermediary protection (i.e. safe harbor laws) and exceptions (i.e. specific statutory exemptions and the general fair use defense) under the existing copyright regime. Thus, the proposed changes will be far reaching without being too radical a departure from current law, an evolution that will likely be more acceptable and realistic a solution to the problem.This paper is published in two parts. Part One of this paper published in the previous edition of the CLSR at [2011] 27 CLSR 110-131 dealt with the challenges to the copyright regime posed by the operations and technology behind the Google Images Search Engine, while Part Two will assess the benefits of the Google Books Search Project vis-à-vis the effects it will have on the scope of copyright protection. Recommendations are made to copyright law to accommodate both functions while generally preserving the main objectives of copyright protection.  相似文献   

13.
The Law Commission for England and Wales has published for consultation a proposal for an offence of first degree murder. A person found guilty of this offence whether as a principal or an accomplice will receive a mandatory sentence of life imprisonment. It is argued that the conditions for liability as an accomplice put forward by the Commission do not fulfil the Commission's aspiration for a "parity of culpability" between principals and accomplices. The discussion has general implications for the reform of complicity laws.
Robert SullivanEmail:
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14.
Law and Philosophy - In 2013, following the leaks by Edward Snowden, The Guardian published a number of classified NSA documents. Both leaking and publishing leaks violate the law prohibiting...  相似文献   

15.
The imminent nanotechnology and progressive instrumentations together have vast applications in the field of forensic science. Few prominent examples are gold nanoparticles for improvising the efficiency of polymerase chain reaction and atomic force microscopy for examining ink and bloodstains. Characteristics like distinct ridge details of fingerprints could be obtained by applying different nanoparticles such as silver, zinc oxide, silicon dioxide, aluminum oxide, gold (with silver physical developer), europium, fluorescent carbon, and amphiphilic silica on a range of object surfaces, and among all, gold is most commonly used. Fingerprint is considered noteworthy evidence in any crime scene, and nano-based techniques hold immense future potential in fingerprint investigations. Therefore, this paper focuses on the applications of nanoparticles in developing and detecting the latent fingerprints.  相似文献   

16.
On April 20, 2010, an explosion occurred on the Deepwater Horizon offshore drilling unit resulting in the death of eleven workers, and subsequently a continuous and uncontrolled release of crude oil and natural gas from the wellhead for a total of eighty-six days. The Oil Pollution Act of 1990 (OPA) provides a comprehensive liability and compensation scheme by creating strict liability for the responsible party of a vessel or facility from which the oil was released subject to statutory limitations, and very limited applicable defenses. The owner of the Deepwater Horizon and the operator of the Macondo well were designated responsible parties under OPA subjecting them to liability for removal costs and damages. In addition, the Clean Water Act imposes civil and administrative fines on a per-day-per-barrel basis without limitation. Other federal statutes which are used to impose criminal liability are the Migratory Bird Treaty Act, the Endangered Species Act, and the River and Harbors Act of 1899.  相似文献   

17.
Abstract

Theatre Management and Production in America: Commercial, Stock, Resident, College, Community and Presenting Organizations Stephen Langley New York: Drama Book, 1990, 707 pages, cloth $37.50: Reviewed by Gregg Stull.

Crossroads: Reflections on the Politics of Culture Don Adams and Arlene Goldbard Talmage, Calif.: DNA Press, 1990, paper $13.95: Reviewed by Edward Arian.  相似文献   

18.
不可分之债是从债的标的(给付)的角度对债的一种观察,连带之债却是从债的主体关系的角度对债的另一种观察,它们在划分标准、形成原因、功能目的、损害赔偿之债的性质、可继承性、整体履行的原因及方式方面存在明显不同.我国《民法通则》不当地将不可分之债并入到连带之债,只规定了按份之债和连带之债,与传统大陆法系大多数国家民法典的立法模式相悖,因而我国未来民法典应再增加可分之债和不可分之债这一分类,以填补法律的漏洞,从而明确地区别不可分之债和连带之债.  相似文献   

19.
正过去十年间,电子政务取得了长足发展,也发生了巨大的变化。网络用户的骤增,促使电子政务信息和服务的提供从单一无序向全面系统转变;公民意识的提高促使电子政务从提供信息和服务向增强公民监督和参与转变;新公共管理和公共服务思想的崛起,促使电子政务从以政府为中心向以公民为中心转变。这些变化使得电子政务向数字治理转型,并对政府提出了更高的要求。此外,信息鸿沟及网络安全等问题不断出现,也需要政府制定相关政策来应对。  相似文献   

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