Can a hyphen substitute a space in a domain name?

A recent decision of the Danish Complaints Board for DomainNames addressed the issue of hyphenating words in domain namesto get around the word spacing problem, where the domain namein question conflicted with rights in a personal name.     

律师何以成讼棍

律师向法官行贿并非新闻,暗地里向审判官行贿是讼棍们祖传秘术。让人拍案惊奇的是,这位律师竟然将历来暗地里进行的潜规则公开化,合了一句成语——贿赂公行。讼棍并非是我们时代的新产品,它是专制权力的“传家宝”。宋人在《戒讼录》中曾以歌谣的形式唱道:“些小言辞莫若休,不须经县与经州,衙头府底陪茶酒,赢得猫儿卖了牛。”为何赢了猫儿卖了牛?因为牛被松棍和贪官污吏们合伙吃了去。讼棍们是如何工作的?曹雪芹在其名著《红楼梦》一书中介绍了天下第一能干、漂亮的讼棍王熙凤的入道过程。做托的是馒头庵的老尼。案情是这样的:一个大财主的…     

Why a Jury Trial is More Like a Movie Than a Novel

This essay is concerned to note the way in which successful trial advocacy seems to stem from the ability to convert legal discourse into a story form. These stories need to be ones with which a jury is familiar. These increasingly come from visual media, particularly film. It looks in detail at one trial where this process of relating a defence to the jury employed the structure of a Mafia film. The essay concludes by examining the reasons why the nature of the novel differs significantly from that of the film and how in the novel-to-film adaptation process a certain simplification is bound to occur.     

From a Civil Libertarian to a Sanitarian

This article is a contribution to the occasional series dealing with a major book that influenced the author. Previous contributors include Stewart Macaulay, John Griffith, William Twining, Carol Harlow, Geoffrey Bindman, Harry Arthurs, André-Jean Arnaud, Alan Hunt, and Michael Adler.     

Wind-drag estimation in a traffic accident involving a motor scooter and a tractor-trailer

This case report describes a noncontact traffic accident involving a motor scooter and a tractor-trailer with a focus on the wind-drag effect. We used load cells to measure the drag force acting on a substantially similar motor scooter when a substantially similar tractor-trailer passes by it, taking into consideration various speeds of the tractor-trailer and distances between the two vehicles. A three-dimensional steady-state flow analysis was also performed by using the CFX program for computational fluid dynamics to examine the streamlines and the pressure distribution around the tractor-trailer at various speeds. From the experiment, for a separation distance of 1.0 m (3.28 ft) and a speed of 90 km/h (55.9 mph), the maximum resultant drag force is 124.5 N (28 lb); this constitutes a degree of force that could abruptly disrupt the stability in maneuvering by an operator who is unaware of the approaching tractor-trailer. In addition, a single equation that relates the tractor-trailer speed to the drag force that acts on the motor scooter was derived on the basis of the Reynolds number (Re) and the wind-drag coefficient (C(d)): C(d) = 1.298 × 10(-7) Re.     

Toolmark Identification of a Mattock to a Clod of Soil from a Grave

Abstract: At a recent bushland gravesite that contained a deceased male, a clod of soil displaying a striated toolmark was collected during the excavation of the grave. This clod was preserved, and the mark was cast using Mikrosil?. Shovels and a mattock, which had been discarded by the suspects, were subsequently found at another location. A toolmark comparison identified the hoe end of the mattock head as having produced the striated toolmark.     

Calculating likelihood ratios for a mixed DNA profile when a contribution from a genetic relative of a suspect is proposed

This technical note describes a practical method for evaluating evidence in the case of a two person conditioned DNA mixture where the defence proposition is that the unknown contributor is genetically related to the suspect. A conditioned mixture is one where the presence of DNA from one of two individuals is accepted by both prosecution and defence. A typical example would be a vaginal swab in an alleged rape case, where the presence of the complainant's DNA would be expected and samples have been taken from the complainant and a suspect. Much has been written about the interpretation of such mixtures and the calculation of the conditional genotype probabilities that must be carried out. In general, such treatments assume that the unknown contributor, under the defence proposition, is unrelated to the known individuals. In this paper, we consider the case where the defence proposition is that the unknown contributor is genetically related to the suspect. We describe a method, incorporating a flow chart and reference tables that facilitate manual calculations of the likelihood ratio for several postulated genetic relationships.     

What price makes a good a status good? Results from a mating game

This contribution provides a game theoretical derivation of market demand for status goods as a function of the level and distribution of income: if (1) the price is sufficiently low, everyone buys the good; if (2) the price is sufficiently high, only the rich buy the good (a status good in a narrow sense). If (3) the price is located in very high or in middle range, demand collapses. Thereby, we explain the critical price from which a status good acts as a distinctive signal. In addition, this approach shows the potential welfare-improving impact of conspicuous consumption.     

Reconstruction of a suicide by a homemade firearm

A 34 years old man shot himself by a selfmade muzzle-loader. He pluged one end of a waterpipe, used a cylindrical lead shot (Cal. 1.2 cm, length 2.15 cm, mass 22.7 g), special black powder (about 4 g, from fire-crackers; powder with an admixture of aluminium) and kindled the weapon in front of his chest by a slowmatch. He died immediately by retained missile of chest. The weapon flew away like a rocket. Unused projectils and powder (found in the flat) and the uninjured pipe allowed to copy the event. Velocity and energy of shot and weapon were determined, also the recoil of the pipe and the highest force of a hand to hold it fast. Experimental investigations and calculations correspondet well to the findings af the case.     

A Painting,a Crime,a Controversy

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - The exhibition by the Whitney Museum of American Art of a painting of the lynched Emmett Till by...     

The place of a forensic archaeologist at a crime scene involving a buried body

This paper examines the place that forensic archaeologists should hold at scenes of crime where a body has been buried. The forensic archaeologist is rapidly becoming a key player whose specialty should be explained, and role defined. A high level of interaction between the forensic archaeologist and other personnel implies good communications skills as well as a precarious mix of receiving orders, assistance and advice as well as giving directions to other staff. The extent to which each of these should be applied will be discussed as well as underlying the absolute need for forensic archaeologist to attend these types of scenes.     

从美好的幻想到理性的追求——评米健“从比较法到共同法”一文质疑新共同法说

本刊 2 0 0 0年第 3期刊发了米健的《从比较法到共同法———现今比较法学者的社会职责和历史使命》一文。该文将现今比较法学的历史使命定位于研究发现世界范围内的共同法 ,从而再一次提起了世界共同法或善遍法的话题。对此立论 ,法学界有不同的反应。有些学者认为所谓“共同法”的命题是不符合当今世界文化多元的发展趋势的 ,缺乏理论和现实基础。此处刊发的华枫之文从一个方面反映了这种不同的观点。此文针对新“共同法”理论提出的理由和例证 ,逐一从理论和现实层面具体分析 ,肯定了新共同法说合理可行的一面 ,但同时质疑和否定了新共同法的更深层内涵。     

公司作为普通合伙人投资合伙企业引发的法律思考

相较于1997年《合伙企业法》,修订后的《合伙企业法》在制度上有许多调整,公司可以参与合伙并可以成为普通合伙人即是其中较为重要的创新之一。但是,公司作为法人成为普通合伙人参与合伙企业经营和管理,毕竟与自然人以普通合伙人的身份参与到合伙企业之中有着很大的区别,可能对公司、公司股东特别是小股东、公司债权人等造成不利影响。在实践中,公司作为普通合伙人所带来的诸多问题并没有引起实务界和理论界的关注。而这些问题的解决,有助于公司在利用合伙企业的投资优势的同时,能够建立适中的风险防范机能。     

Adoption as a strategy on a Chuukese atoll

A new look at adoption is made possible with the use of software capable of computing social organization by examining residence, group membership, marriage, and the ownership and transmission of property using the scaffold of kinship. The Chuukese data set collected by the Goodenoughs and Fischer, and later compiled by Hyde, permits the study of residence as a means of clarifying population and resource flows, sheds new light on the data themselves, and offers new insight concerning the Fischer-Goodenough residence debate.     

柴某等诉村医高某医疗损害赔偿案

我国现阶段医疗纠纷的处理非常困难，鉴定与审判个性化高、规范化低，医疗机构及其医务人员、患(伤)者、鉴定人员和审判人员往往对医疗纠纷中的医疗行为是否有过错各持己见，行政、司法处理差别较大，甚至不同法院对同一事件做出截然相反、差距悬殊的判决，影响社会稳定，同时也使医疗纠纷变得更加错综复杂。而且，在已经发生法律效力的一些判决中，存在一些明显的问题和争议。为此，《法律与医学杂志》公开向社会各界征集具有代表性、典型性的判例(生效判决)，组织国内有关专家进行讨论、评析。相信这将会对提高和统一当事人、鉴定人和审判人员的认识，保障鉴定与司法公正，依法消除和缓解医疗纠纷具有重大意义。特别说明，本栏目所选案例来自全国各地，并且对其中的当事人及法院信息做了技术处理，仅为学术研究之用，不要对号入坐，所有评析、讨论意见均为专家观点，不代表本杂志的意见，任何组织和个人不得以本杂志讨论的内容作为诉讼依据。