To block or not to block – European child porno law in question

The EU Commission has proposed a new Directive on combating sexual abuse, sexual exploitation of children and child pornography. The updated piece of legislation proposes to block access to child pornography websites. After months of negotiation, the Council, Parliament and Commission have agreed on a compromised text which generates more confusion and has been lambasted as meaningless. The compromised text is a result of powerful lobbying by Hollywood porno industry, Internet Service Providers and civil libertarians. The compromised text brings to highlight the tension between freedom of speech and protection of children.     

试谈“偷拍偷录”视听证据的认定

《最高人民法院关于民事诉讼证据的若干规定》与最高法院法复 (95 ) 2号《批复》中对视听证据的认定标准不尽一致。结合一“偷录”的录音证据案例对视听证据的概念、特征进行了阐述 ,从证据的基本属性 (客观性、关联性、合法性 )论证了“偷拍偷录”视听证据的认定。还对“非法手段”举证的界定提出了自己的观点 ,并就“偷拍偷录”视听证据认定中对第三者隐私权的保护提出了新的看法。     

美国:对“诈弹”威胁说不

2013年上半年以来,华盛顿、纽约、旧金山、弗吉尼亚等地频频发生的各类炸弹威胁,不仅动用了警方、消防、排爆等各类社会公共资源,更对大量民众的日常生活造成了直接影响。但结果一次次被证实,此类威胁仅仅只是有人故意发布诈弹信息,这也使得美国社会对诈弹威胁忍无可忍。因此,为了有效打击这一行为,美国已将诈弹     

"It's Darwinism – Survival of the Fittest:" How Markets and Reputations Shape the Ways in Which Plaintiffs' Lawyers Obtain Clients

The survival of a plaintiffs' lawyer's practice depends upon the generation of an ongoing flow of clients with injuries that the civil justice system will compensate adequately. If this requirement is not met, lawyers will leave this aspect of the legal market for more promising ones. If they do, legal services for injured people will be diminished as a result. In order to find out how this personal services legal market is defined and developed, we interviewed ninety‐five plaintiffs' lawyers in Texas. These lawyers use four major strategies to get clients: client referrals, lawyer referrals, direct marketing, and other referrals. What any particular lawyer does is shaped by the geographic market from which clients are drawn, and by the lawyer's reputation. Our findings provide fresh insights for the empirical literature on plaintiffs' lawyers, and they provide an empirical context for assessing the potential impact of changes in the civil justice system, like tort reform, on the ability of plaintiffs' lawyers to obtain clients.     

Say it to my face: Examining the effects of socially encountered misinformation

Objectives. Errors in eyewitness accounts can occur when a witness comes into contact with post‐event ‘misinformation’. A common way to encounter misinformation is through face‐to‐face interaction, in particular, via conversation with other individuals who also witnessed the crime. The current research compares this kind of misinformation with the non‐social post‐event narrative method typically employed in laboratory studies. Method. Young (17–33 years) and older (58–80 years) adults viewed a simulated crime event on video and were later exposed to four items of misinformation about it. The misinformation items were either introduced as part of a discussion about the event with a confederate or were embedded within a written narrative about the event that participants were asked to read. A questionnaire containing 20 items about the event was given to participants before and after the experimental manipulation. Results. Participants were less accurate than controls on questionnaire items after encountering misinformation. More importantly, misinformation encountered socially was significantly more misleading than misinformation from a non‐social source. This was true for both young and older adults. Conclusion. Misinformation encountered socially produced more errors than misinformation from a non‐social source. This finding has implications both for applied (forensic) and theoretical understanding of eyewitness memory.     

Civilizing Space or Criminalizing Place: Using Routine Activities Theory to Better Understand How Legal Hybridity Spatially Regulates “Deviant Populations”

Critical Criminology - The combining of administrative, civil, and criminal law has broadened modern crime control mechanisms and greatly increased the legal authority and discretion of law...     

试析法人作品与职务作品的区分标准

如何区别法人作品与职务作品已成为理论与实务的难点。应从作品所体现的意志加以判定,具体表现在三个方面:作品署名;作品内容;作品的性质与用途。同时,为激发作者的创作热情,保护作者的合法权益,应严格解释法人作品。     

Toleration and the Law in the West 1500–1700

Before the emergence of the concept of individual rights, in the eighteenth century, toleration was conceded by states only to the corporations that constituted the state. Many states that, like France after the Edict of Nantes, conceded a form of toleration, did so without accepting the principle of toleration. The recognition or toleration of rights for individuals first became possible only in a wholly secularised society such as that of colonial north America.