Legal advice in criminal proceedings in the Federal Republic of Germany

Conclusion Certain components of the British system of legal aid, especially the duty solicitor scheme, could beneficially be introduced in modified form into German criminal procedure. Conversely, some points of German law could benefit the British system, such as less rigid adherence to the autonomy principle. With the increasing integration of the European states, and particularly the abolition of internal border controls, it is time to think closely not only about harmonizing the economic structures of the European Community member states but also about creating human rights protections at the Community level, which is inextricably connected to access to competent legal advice in criminal proceedings.This article is a revised version of a lecture given at the Exeter University Centre for Legal and Interdisciplinary Development (EUCLID) seminar at Exeter University, Exeter, England, February 22, 1990, as part of my doctoral research project on the implementation of a duty solicitor scheme in German criminal procedure.I should especially like to thank Josephine Shaw, Lecturer in Law at Keele University and former Acting Director of EUCLID at Exeter University, for proof-reading the first draft and for supporting my research project. I am also grateful to Mervyn Bennun and Kim Economides for their helpful comments when I gave this lecture.Juristisches Staatsexamen, Universität des Saarlandes 1986; Honorary Research Fellow, University of Exeter 1989–1990; Assessor iur., Justizprüfungsamt des Saarlandes 1991; Doctor of Law, Universität des Saarlandes 1992; former Assistant to the Chair of Criminal Law, Criminal Procedure, Criminology, and Comparative Criminal Law, Universität des Saarlandes 1987–1991.     

Stocktaking after two sessions of the commission on Crime Prevention and Criminal Justice

B.A., Victoria University of Wellington 1964; LL.B., Victoria University of Wellington 1964; LL.M., Victoria University of Wellington 1967; LL.M., Columbia University 1968; J.S.D., Columbia University 1972. Professor Clark was a member of the former United Nations Committee on Crime Prevention and Control and represented New Zealand as an observer at the first two meetings of the United Nations Commission on Crime Prevention and Criminal Justice. Any views expressed here are his own.See generally Roger S. Clark,United Nations Crime Prevention and Criminal Justice Program: Formulation of Standards and Efforts at Their Implementation (forthcoming 1994).     

Medicines and psychoactive agents in traffic users—the medico-legal problem in Poland

The increasing number of traffic accidents connected with rapid development of motorization makes us think of their causes. Regulations by law binding in Poland demand traffic users to be checked up on the presence of agents similar ethyl alcohol. Commonly abused medicines, especially sedative and psychotropic but also hypnotic and analgesic are a great traffic problem. Up to the present analytical procedures and a model medico-legal opinion on the influence of medicines on psychophysical efficiency have not been standardised.In the paper the authors have presented the results of their research on agents negatively influencing the human psychophysical efficiency carried out in the Forensic Medicine Department, Silesian University of Medicine, Katowice. The research comprised individuals involved in both traffic crashes and accidents who (as checked) either where not under the influence of ethyl alcohol or the concentration of ethanol was low (1‰). Positive cases most often showed only one sort of medicines (barbiturates, benzodiazepines or opiates). In other cases barbiturates and benzodiazepines, benzodiazepines and opiates as well as derivatives of benzodiazepine and tricyclic antidepressants were determined. Blood concentrations of all these substances were in a wide range of therapeutic doses.     

A re-examination of the MMPI-2 aggressiveness and immaturity indices in law enforcement screening

This study reports an analysis of Bartol's (1991) Immaturity Index and Hargrave and associates' (1988) Aggressiveness Index as a measure of police conduct. The correlations between the supervisory ratings and the Immaturity and Aggressiveness indices were examined for 1020 law enforcement officers. The results showed that Immaturity Index was related to termination for failure to complete training and insubordination. The Aggressiveness Index was related to a termination for failure to complete training and several other problematic police behaviors, but was not found to be specifically linked with acts of aggression. Implications for using these two indices in law enforcement selection are discussed. Authors' Note: Cary Rostow, Ph.D. is president of Matrix, Inc., Baton Rouge, Louisiana, and is in private practice in Baton Rouge. Robert Davis, Ph.D., is executive vice-president and director of science, research, and development for Matrix, Inc., and has a private practice in Baton Rouge. James B. Pinston, Ph.D., is a clinical neuropsychologist within the department of neurology at the Louisiana State University Health Sciences Center and School of Medicine in Shreveport, Louisiana. Dennis R. Combs, Ph.D., is an assistant professor of psychology at the University of Tulsa. Dennis R. Dixon, M.A., is currently a doctoral student at Louisiana State University.     

GC双检测器技术筛选常见毒(药)物的可行性研究

利用气相色谱仪 ,在样品进样经单柱分离后通过Y形管连接至两个不同选择性检测器 (NPD/FID)的方法 ,考察气相色谱操作条件对双检测器响应比值的影响及其该法用于复杂样品测定的可行性。结果表明当实验条件保持不变时 ,NPD/FID响应比值具有较好的重现性。改变检测器操作参数和色谱条件对NPD/FID响应比值都有影响 ,但相对于某一参比物计算得到的相对NPD/FID响应比值受影响很小。样品中待测组份的浓度改变不影响NPD/FID响应比值。在有标准品比对的情况下 ,NPD/FID响应比值或相对NPD/FID响应比值可以作为定性分析的一个参数。     

《内地与香港关于建立更紧密经贸关系的安排》的法律地位

The nature of the Closer Economic Partnership Arrangement (CEPA) is a free trade agreement under the framework of the WTO. For the purpose of clarifying the legal status of the CEPA and the future agreements between the Mainland and other separate customs territories of China, four options are brought forward: (1) To revise the PRC Foreign Trade Law, (2) to make amendment to the Basic Law of Hong Kong Special Administrative Region of China, (3) to have a special law on the conclusion of the interregional agreements, or (4) to amend the PRC Constitution. Wang Wei, Ph.D, is an associate professor at School of Law, Fudan University, China. Before, he was a research fellow at the Faculty of Law, University of Hong Kong. He holds an LL.B. from the East China University of Political Science and Law, an LL.M. from Fudan University in international law, an LL.M. from Southern Methodist University in comparative and international law (Sohmen Scholar), a Ph.D from the University of London in law (the John and Joan Jackson Scholar). Dr. Wang wrote a number of articles on WTO law, financial law and commercial law, such as Historical Evolution of National Treatment in China (39 International Lawyer 759–779, Fall Issue, 2005). He has spoken and chaired conferences and seminars in London, Hong Kong and Mainland of China. Recently he acts as consultant in banking law projects, including the Asian Development Bank.     

Socialisation to interdisciplinary legal education: an empirical assessment

This article provides novel empirical survey evidence on socialisation factors leading lecturers to implement interdisciplinary teaching in law. Recent debates on legal scholarship and higher education legal institutions advocate the introduction of interdisciplinary approaches to legal studies. Nevertheless, there is still little evidence of how this lecturing philosophy might be affected by socialisation with other disciplines. To address this, we analyse the case of external lecturers in the Faculty of Law at the University of Copenhagen in Denmark, who constitute the majority of the teaching staff in this institution. To explain the adoption of interdisciplinary teaching, we rely on socialisation factors connected to their former higher education and socialisation in research and multidisciplinary environments.     

Problematic police performance and the personality assessment inventory

A relative newcomer to personality assessment in the area of law enforcement is the Personality Assessment Inventory, or PAI. Earlier MMPI research in the area of police selection has focused upon antisocial behavior, control of aggression, and validity indices, particularly the L scale. In this study T scores for 800 male and female police officer candidates on the PAI scales Negative Impression (NIM), Positive Impression (PIM), Antisocial-Antisocial Behaviors (ANTA), Antisocial-Egocentricity (ANTE), and Antisocial-Stimulus Seeking (ANTS) were used as predictors of the criterion variables Insubordination, Excessive Citizen Complaints, and Neglect of Duty. Highly significant coefficients were obtained for ANTE as a predictor of Insubordination and Excessive Citizen Complaints. For Neglect of Duty, two significant coefficients were obtained, one for ANTS and another for NIM. Discussion centered on the fact that egocentricity is a predictor of Insubordination and Excessive Citizen Complaints, and Neglect of Duty is related to stimulus seeking. Authors' Note: William U. Weiss, Ph.D., is a professor in the Department of Psychology, The University of Evansville, 1800 Lincoln Avenue, Evansville, IN 47722. Sarah Zehner is an undergraduate psychology major at The University of Evansville. Robert Davis, Ph.D., is executive vice-president and director of science, research, and development for Matrix, Inc., and Cary Rostow, Ph.D., is president of Matrix, Inc., Baton Rouge, LA. Emily DeCoster-Martin was an undergraduate psychology major at The University of Evansville at the time this paper was written.     

Minimal Y-chromosome haplotypes plus DYS287 in Jewish populations

POPULATION: A total of 71 Jewish individuals obtained from the collection of The National Laboratory for the Genetics of Israeli Populations at Tel-Aviv University: 14 Ashkenazi, 21 Sephardic (from Turkey), 23 North African (from Morocco, Libya and Tunicia) and 13 Oriental (from Iraq and Iran).     

Old hacks or new blood? The effects of inter-party competition on PRI candidates for the Mexican chamber of deputies, 1997–2000

This study examines the effects of increased inter-party competitiveness at the district level in Mexico between 1997 and 2000 on changes in the characteristics of Partido Revolucionario Institucional (PRI) candidates nominated to run for single-member district seats in the Mexican Chamber of Deputies. Such characteristics indicate the degree to which these candidates are visibly connected to the party and include prior leadership experience in party/sector organisations, administrative positions and elected office, as well as political ties to influential individuals in the party. Decreases in deputy candidate connectedness are hypothesised to occur in 2000 where district-level competitiveness increased in 1997. Where district-level competitiveness is above the mean in 1997, the PRI leadership attempts to counteract this competition by nominating deputy candidates in 2000 who are less visibly connected to the party. As the results of the 2000 election show, a less connected candidate is no guarantee for success at the polls for the PRI. These results suggest only that a successful candidate is more likely to have fewer connections to the party machine than one with more connections to the party.     

《中华人民共和国反垄断法》析评

The Anti-Monopoly Law of the People’s Republic of China has provided to prohibit monopoly agreements and abuse of dominant market position, control concentration of business operators and fight against administrative monopoly. The transformation of China’s economic system is incomplete, and the Anti-Monopoly Law has many flaws. At the initial stage of enforcing the Anti-Monopoly Law, severe challenges will occur in legislative purposes, enforcement authorities, fighting against administrative monopoly and handling of the relationship between anti-monopoly enforcement and industry supervision. Thus, the promulgation of the Anti-Monopoly Law is only the first step in the legislation on anti-monopoly. Wang Xiaoye held a bachelor’s degree of philosophy from Inner Mongolian Normal University (1981), LL.M. from Renmin University of China (1984) and Doctor Juris magna cum laude from the University Hamburg (1993). Since 1984, she works at the Institute of Law, Chinese Academy of Social Sciences (CASS). From 1988 to 1993, she studied in Germany based on Max-Planck Institute for Comparative Private Law. As visiting scholar she spent a year at Max-Planck Institute for Comparative Intellectual Property and Competition Law, and a year at Max-Planck Institute for Comparative Social Law in Munich. In 2004, she was invited to the US by the Antitrust Division of the Department of Justice. In 2005, she was invited to the European Union Visitors Program, and awarded a Fulbright Scholarship to spend a year at the Chicago-Kent College of Law. Prof. Wang works in the areas of economic law, international economic law, and focuses on competition law. Her publications include: Monopoly and Competition in the Chinese Economy — A conception for merger control in China in view of the American and German practices (J C B Mohr, 1993); Monopoly Problem in the Merger of Enterprises (Law Press, 1996); On Competition Law (China’s Legal Publishing House, 1999); Competition Law of European Community (China’s Legal Publishing House, 2001); Economic Law (Social Sciences Academic Press, 2005); Competition Law (Social Sciences Academic Press, 2007). She also has over 200 papers published in Chinese, German and English languages. Prof. Wang has served as vice president of National Association for Economic Law of China, the head of the Consultant Committee for WTO Trade and Competition Policy of the Ministry of Commerce, and member of the Expert Advisory Board for Anti-Monopoly Legislation of the State Council and the National People’s Congress. In her honor, she once lectured on competition law for the Standing Committee of the Ninth and Tenth People’s Congress. In international academic activities, she is a founding member of Academic Society for Competition Law (ASCOLA) and of the Asian Competition Forum, and member of International Advisory Board of the CUTS C-CIER. She lectured on Chinese law at ABA, IBA, IPBA, ACF, Harvard University, Columbia University, Washington University (St. Louis), New York University, KFTC, Chatham House, LIDC, IDRC and other institutions.     

Medical care collection or recovery--VA. Notice

In a companion document published in the "Proposed Rules" section of this issue of the Federal Register, we proposed to amend VA's medical regulations concerning collection or recovery by VA for medical care or services provided or furnished to a veteran: (i) For a non-service connected disability for which the veteran is entitled to care (or the payment of expenses of care) under a health-plan contract; (ii) For a non-service connected disability incurred incident to the veteran's employment and covered under a worker's compensation law or plan that provides reimbursement or indemnification for such care and services; or (iii) For a non-service connected disability incurred as a result of a motor vehicle accident in a State that requires automobile accident reparations insurance. The proposed rule includes methodology for establishing charges for VA medical care or services. Using this methodology, information for calculating proposed charge amounts at individual VA facilities for inpatient facility charges, skilled nursing facility/sub-acute inpatient facility charges, outpatient facility charges, and physician charges is set forth below. If this methodology were adopted subsequently as a final rule, the applicable data in this document, designed for the period August 1998 through September 1999, would be used for the period from the effective date of the final rule through September 1999. Accordingly, interested parties may wish to retain this document for future reference.     

“Critical Empiricism” in American Legal Studies: Paradox,Program, or Pandora's Box?

This essay was originally presented at the Conference on American and German Traditions of Sociological Jurisprudence and Critical Legal Thought organized by the Center for European Legal Policy, Bremen, Federal Republic of Germany, July 10-12, 1986. Subsequent versions were discussed at the Department of Sociology, Northwestern University (February 1987) and the Workshop on Legal Theory at the University of Virginia Law School (March 1987). Comments by participants at these events, members of the Amherst Seminar, Boaventura Santos, Kristin Bumiller, and G. Edward White are gratefully acknowledged. An earlier version of the paper appears in Joerges & Trubek, eds., Critical Legal Thought in Germany and America: A German-American Debate (Baden-Baden: NOMOS, 1989).     

The Canadian charter and the protection of international human rights

B.A., University of Alberta 1960; LL.B., University of Alberta 1961; LL.M., University of California at Berkeley 1963.     

The New School of Convict Criminology Thrives and Matures

This article discusses the past, present, and future of the New School of Convict Criminology (CC). A short history, including a discussion of literature, major works, and research studies is provided as is a review of Convict Criminology Group origination, membership, and activities. A first attempt at formal Convict Criminology Theory construction is presented alongside four research hypotheses. University prejudice and exclusion, as well as criminal justice hate words, are also addressed. The conclusion explores the future of CC and requests support for the movement.     

Tales of law and morality

B.A. (hons.), Acadia University 1982; B.A. (juris.), Oxford University 1984; LL.B., Dalhousie University 1985; B.C.L., Oxford University 1986; M.A., Oxford University 1991.     

Different Concepts of Ethnicity in a Cross-Atlantic Study of Violence and Drug Use among Deviant Youth

Despite their common multi-ethnic populations, the meaning and application of the term ethnicity varies between the United States, Canada and the Netherlands. This paper attempts the construction of a racial/ethnic measure that enables meaningful cross-national comparisons. As part of the Drugs, Alcohol and Violence International (DAVI) project, the link between different measures of ethnicity and alcohol use, drug use, violence, and delinquency was studied within samples of 14- to 17-year-old juvenile detainees and dropouts in Philadelphia, Toronto and Amsterdam. Results showed a relationship between origin (the most discriminating of ethnicity measures) and alcohol and drug use, but not violence-related behaviour. Differences in substance use and violence were more attributable to differences between countries and samples than between ‘western’ and ‘non-western’ youth.Annemieke Benschop (MSc) is a researcher at the Bonger Institute of Criminology at the University of Amsterdam. Lana D. Harrison (MA, PhD) is Associate Director of the Center for Drug and Alcohol Studies and a Professor at the University of Delaware (Newark, DE). Dirk J. Korf (MA, PhD) is an Associate Professor and Research Director at the Bonger Institute of Criminology at the University of Amsterdam, and an Associate Professor in Criminology at Utrecht University. Patricia Erickson (MA, PhD) is a Senior Scientist with the Centre for Addiction and Mental Health (CAMH) in Toronto (Canada) and a cross-appointed Professor in Sociology and Criminology at the University of Toronto.     

A tribute to Dr. Ellis R. Kerley: the Kansas years.

Dr. Ellis R. Kerley, one of the founders of the Physical Anthropology section of the American Academy of Forensic Sciences, was born in Kentucky and received his undergraduate degree at the University of Kentucky. Following the completion of his doctoral degree (University of Michigan) he was a visiting professor at the University of Kentucky before joining the faculty at the University of Kansas in 1966. At Kansas he was a major advisor for many graduate students who were to become leaders in the new area of Forensic Anthropology.     

Symposium on China's Peaceful Development and International Law

On 2–4 December 2005, Wuhan University Law School, theInstitute of International Law and the Innovation Base of InternationalLaw and New International Order co-sponsored in Wuhan Universitya symposium entitled "China's Peaceful Development and InternationalLaw". This symposium had been planned as part of the activitiesunder one of the Major Philosophical and Social Sciences Projectsof Chinese Ministry of Education in 2004—"Research onMajor Issues of International Law in Relation to China's PeacefulDevelopment", with Professor Zeng Lingliang from Wuhan Universityas its chief expert. More than 30 experts from China Universityof Foreign Trade and Economics, Guangxi Normal University, HongKong University, Hubei University, Foreign Affairs University,Shenzhen Institute of Administration, Suzhou University, TsinghuaUniversity, Wuhan University, Xiamen University, Zhongnan Universityof Economics and Law, and Zhongnan Normal University attendedthe symposium, submitting nearly 30 articles concerning frontlineissues of international law that China is facing in the processof peaceful development, including collective security, anti-terrorism,non-traditional security, human rights, diplomatic law, lawof the sea, national unity, intellectual property, financiallaw, investment law, environmental law, antitrust law, freetrade, non-governmental organizations (NGOs) and corporate socialresponsibility. A summary of the symposium follows.