Legislating for Wales ‐ local government (Wales) act 1994

This article addresses the means of creating legislation with specific application to Wales and examines the constitutional conventions, parliamentary procedures and political processes involved. The article employs as a case study The Local Government (Wales) Act 1994. Although there are parliamentary procedures available which would allow Welsh interests a privileged role in Welsh affairs, it is found that the national interests of the political parties ensure that government ministers and the majority party in the House of Commons ultimately retain control over Welsh affairs. Nevertheless it is found that there are active policy communities with specific concerns in Welsh affairs who are prominent actors and who do give the legislative process concerning Wales distinctively Welsh characteristics.     

A law for need or a law for greed?: Restoring the lost law in the international law of foreign investment

The 1990s brought about a change in the international law of foreign investment due to the primacy achieved by the tenets of neo-liberalism. They drove concerns about the environment and poverty away from the concerns of the law and gave priority to the interests of multinational corporations by enhancing their ability for movement of assets and the absolute protection of these assets through treaty rules. The regime created by this law was operated through secure systems of dispute settlement through arbitration which also enabled the stabilization of these rules. In the process, private power of a section within the hegemonic state was able to subvert international law through the use of low order sources of the law and secure a system of investment promotion and protection. The restoration of the more universal themes of environmental protection and poverty alleviation is necessary. This paper outlines the developments that accentuated the sectional interests of multinational capital and explores the means by which a change that reflects the global interests could be effected.

Cursing the Cloud (or) Controlling the Cloud?

Inspired by the cloud computing hypes, this paper responds to some of the hypes, but not to all. The hype in this paper refers to the level of the adequacy of data protection and privacy in a cloud computing (the Cloud) environment. Paradoxically, this paper proffers observational insights that surround the Cloud from the perspectives of data protection and privacy. It examines briefly the efforts of January 2010 led by Microsoft and anticipating “liability” scenarios. The liability rhetorically refers to the illegal access in the Cloud. This paper does not focus entirely on the technology sophistication; however, it analyses two scenarios of illegal access. To mitigate the liability, it suggests a “Cloud Compliant Strategy (CCS)” being a proposed model to control the Cloud. The observational insights of this paper have also intertwined with the adequacy of data protection from the lenses of the European Union (EU) Data Protection Directive 95/46/EC (DPD) and Safe Harbor provisions (SH).     

Bumping into a knife--exculpatory statement or (tragic) accident?

Assessing stab wounds is a common task in forensic medicine. Quite often an accused claims that the victim bumped into the knife. Taking into account all the facts ascertained in the investigations conducted, such a statement can be rapidly disproved in most cases. The present case of a 14-year-old boy fatally wounded by his mother with a kitchen knife examines the aspect of walking into a knife. It is an example that this statement cannot always be regarded as implausible and that every single case has to be reconstructed in detail on the basis of all the investigation results.     

U—2飞机事件揭秘(上)

1960年5月1日,前苏联在其领空击落美国U-2间谍飞机,导致了冷战后美苏之间的第一次缓和破灭,预计中的巴黎和会流产,美苏关系再度恶化。然而,时过境迁,有谁能够想到当年这一事件中的两个主角的后代,今朝再度握手言和,并准备共同开办一座历史展览馆,将昔日的历史再现。据俄通社——塔斯社1997年2月从纽约发回的报道,前苏联领导人赫鲁晓夫的儿子谢尔盖和当年在     

Article 260(2) TFEU: An Effective Judicial Procedure for the Enforcement of Judgements?

Article 260(2) TFEU (ex 228(2) EC) enables the European Court of Justice to enforce compliance with its judgements. This article analyses its use in doing so and questions whether it could be applied more effectively. It commences by highlighting the principally economic and environmental context of the case‐law, and by examining the initiatives taken to tackle delays in bringing these cases before the Court. The article then critically evaluates the effectiveness of the financial sanctions available to the Court. In doing so, it aims to fill a gap in present research by looking beyond the procedural measures through which the Court and the Commission operate to examine the practical impact of Article 260(2) itself.     

Foreign direct investment (FDI): friend or foe of non-innovating firms?

The Journal of Technology Transfer - This paper examines the incentives of firms to bypass the innovation process by not pursuing innovation, focusing specifically on whether FDI enables innovation...     

Supremacy or Primacy of EU Law—(Why) Does it Matter?

Even 50 years on the principle of supremacy or primacy is still surrounded with ambiguity, which is apparent already on the level of semantics. The principle has not carried a single name, but three. This paper argues that a disparity in the denomination of the principle amounts to much more than semantics. It exhibits conceptual differences. Different conceptualisations of the principle of primacy or supremacy entail different models of structural principles of EU law: the hierarchical, the conditionally hierarchical and the heterarchical model. These are no mere theoretical constructions; rather they have influenced concrete practices of EU law, including the most recent Kücükdeveci case as well as the Lisbon decision of the German Constitutional Court. While none of the three models has yet found an unequivocal and conclusive endorsement in the EU practice, there are compelling theoretical and practical reasons for which one of them should be preferred over the others. Whether EU law has supremacy or primacy therefore matters.     

《检察理论研究》1991—1992(总1—6期)总目录

OOwe︸‘工J性Jl只,︸︸r八IJ︸门O,.,了,.nb确e呀J.,r OU题目作者期页发刊词《检寨理论研充》编料钾13 .社论.加强检赛理论研究更好地为改革开放和经济建设服务 …‘一’··…’二’二‘“一一“·”二”..·…”·”·….””·”·…木刊偏释禅61 .专稿.加强检察理论研究推动检索事业发展 —板贫《桂寨班论研充》创刊”·“·”·”·”·,.·”·“一张友渔工H“严打,鱿是专政 —记小平用怎对“产打”的战略决策··”·“·”·”一刘复之33趁设有中国特色的社会主义检察钊度应当遨娜 的基本服则”·”·”·”·”··”···…     

The death of Kaspar Hauser (17 Dec 1833)--assassination, suicide or self-inflicted injury?

The death of Kaspar Hauser is described taking present medicolegal and criminological knowledge into account, the main question being whether the injury was self-inflicted, homicidal or suicidal. In spite of a critical retrospective analysis this question cannot be answered with sufficient certainty even from our modern perspective. It seems unlikely that the stab to the chest was inflicted exclusively for the purpose of self-damage, but both a suicidal stab and a homicidal act (assassination) cannot be definitely ruled out.     

What works (or doesn't) in a DUI court? An example of expedited case processing

Purpose

A number of policy efforts have aimed to reduce drunk driving, including deterrence-based policies and specialized treatment courts. This study examines the impact of expedited court processing on the county-wide rate of DUI offenses. It also examines the links between sanction swiftness, certainty, and severity and changes in DUI rates over time.

Methods

This study uses interrupted time series analysis to assess changes in DUI rates in one county over a time period including the introduction of a full-coverage, expedited court docket for DUI. Additionally, the three components of deterrence were examined.

Result

Findings reveal that the program implementation corresponded with a lower rate of DUI case filings, but not with a general reduction in alcohol-involved collisions in the county. Additionally, only sanction swiftness improved over time, while certainty remained stable and severity declined.

Conclusions

Results indicate that the introduction of the expedited court docket does not appear to have produced a deterrent effect on DUI. It may be that DUI offenders require more than expedited processing to overcome the issues that precipitate their offending. Future research and policy should explore both the impact of swiftness of punishment and the provision of appropriate treatment services in addressing DUI offending.     

人血清、血痕中HLA——A_2和HLA——B_(40)抗原的测定

具有复杂的遗传多态性的HLA(人类白细胞抗原)系统的实际应用正日益受到重视.在医学临床上,建立在HLA分型基础上的有关输血、器官移植、卵性诊断、疾病关联等研究和应用规模正日趋扩大和深入;在法医实践中,利用HLA分型进行亲子鉴定的工作也业已在国内开展. HLA的多态性,显现了其在作个人识别时具有极高的排除率.由于HLA不仅以     

Are Children's Best Interests Really Best? ZH (Tanzania) (FC) v Secretary of State for the Home Department

Although the Supreme Court's decision in ZH (Tanzania) is an important one, as this note explains, it is less novel than many suppose – and is in some ways disappointing. By stressing the importance of immigrant children's best interests, it fails to use this opportunity to promote their Convention rights effectively.