Understanding the limitations of current RFMO climate change adaptation strategies: the case of the IATTC and the Eastern Pacific Ocean

International Environmental Agreements: Politics, Law and Economics - While Regional Fisheries Management Organizations (RFMOs) face many challenges in their pursuit of sustainable resource...     

Ball Memorial Hospital: Section 2 Sherman Act analysis in the alternative health care delivery market

In 1986, the Seventh Circuit Court of Appeals in Ball Memorial Hospital v. Mutual Hospital Insurance denied an injunction sought under the antitrust laws by the plaintiffs, eighty acute care hospitals, which would have precluded Blue Cross and Blue Shield of Indiana from implementing a Preferred Provider Organization. The Ball court used a conservative economic analysis to deny the injunction and failed to consider many industry-specific factors. This Note examines these factors and challenges the Ball court's position by arguing that antitrust scrutiny of alternative health care delivery markets must go beyond the court's narrow approach.     

Grants and cooperative agreements to state and local governments, universities, hospitals, and other non-profit organizations--USDA. Interim final rule

This interim final rule amendment is issued to implement the Single Audit Act Amendments of 1996 (Public Law 104-156, 110 Stat. 1396) and the June 24, 1997, revision of OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations" and to replace the existing audit requirements that are superseded by Public Law 104-156 and the revised A-133.     

RULE FOR PREFERRED STOCK IN CHINA: OVERTHROW OF THE PRINCIPLE OF “EQUAL SHARES,EQUAL RIGHTS”? — FROM A COMPARATIVE PERSPECTIVE

The principle of “equal shares, equal rights” was established by the Company Law of 1993 of the People’s Republic of China. At the initial stage only issuance of common stocks was allowed and the issuance of preferred stocks was interpreted as prohibited. The Company Law of 2006 has changed the rigidity of provisions of the Company Law of 1993 and laid down the legal foundation for issuance of preferred stock. The Rule for Administration of the Pilot Project for Preferred Stocks released on March 21, 2014 by the China Securities Regulatory Commission started the issuance of the preferred stocks in the Chinese capital market. The establishment of the legal system for issuance of preferred stock in China is not the symbol of overthrowing the principle of “equal shares, equal rights,” but the expansion and development of the principle of “equal shares, equal rights” in a new era.     

REVIEWS

Civilians under Military Justice : The British Practice since 1689 especially in North America. By Frederick Bernays Wiener . Legal Fictions . By Lon L. Fuller . Existentialism and Legal Science . By George Cohn . Law . By Lord Lloyd of Hampstead . Gatley on Libel and Slander . Sixth Edition. By R. L. Mc Ewen and P. S. C. Lewis . The Forensic Lottery . By Terence G. Ison . Take -Overs and Amalgamations . Second Edition. By M. A. Weinberg Fundamental Rights in the Irish Law and Constitution . Second edition. By J. M. Kelly . Civil Rights, the Constitution, and the Courts . By Archibald Cox , Mark De Wolfe Howe and J. R. Wiggins . The Constitution of Malaysia . By L. A. Sheridan and Harry E. Groves . The Constitution of India . By M. C. J. Kagzi . Constitutions of Modern States : Selected Texts . By Leslie Wolf -Phillips . The Judicial Committee and the British North America Act . By G. P. Browne . Diplomatic Privileges and Immunities . By Clifton E. Wilson . British International Law Cases . Vol. 6. Diplomatic and Consular Agents , Treaties , Addendum . The Effectiveness of International Supervision . By E. A. Landy . The Law Governing Employment in International Organizations . By M. B. Akehurst . Essays on the Law of Treaties . By Ingrid Detter . The Civil Code and the Code of Civil Procedure of the RSFSR 1964. Translated by A. K. R. Kiralfy . (Editor, Z. Szirmai .) Legal Controls in the Soviet Union . By Leon Boim , Glenn G. Morgan and Aleksander W. Rudzinski . (Editor, Z. Szirmai .) Law , Morality and Religion in a Secular Society . By Basil Mitchell Freedom under the Law . By Lord Denning . The African Law Reports —Commercial Series 1965. General Editor: Dr . Alan Milner . Caucasians Only . The Supreme Court, the NAACP and the Restrictive Covenant Cases . By Clement E. Vose .     

New Privacy Concerns: ISPs,Crime Prevention and Consumers' Rights

In November 1998, Cyber-Rights & Cyber-Liberties (UK) authored a 'privacy letter' to be sent from a subscriber to an Internet Service Provider (ISP) addressing concerns over privacy of communications through a UK ISP. The letter was drafted from the consumers' perspective and raises important issues in relation to ISP privacy policies. The 'privacy letter' was partly developed as a response to the Association of Chief Police Officers (ACPO), the ISPs and the Government Forum's initiatives in relation to developing 'good practice guidelines' between Law Enforcement Agencies and the Internet Service Providers' Industry. These guidelines describe what information can lawfully and reasonably be provided to Law Enforcement Agencies, under what circumstances such information can be provided, and the procedures to be followed in such cases. The process initiated by the ACPO Forum has so far excluded the views of concerned citizens and civil liberties organizations. This article will provide an insight into the activities of the ACPO/ISPs/Government Forum and will argue that procedures can only be properly designed within a legal context that takes due account of individual rights and liberties.     

论网络服务提供者的版权侵权责任

网络版权侵权现象目前发生得非常普遍，针对这一问题，我国进行了相关的专门立法活动。但是，如何从根本上理清网络服务提供者的侵权责任，仍是一个非常值得研究的问题。笔者对网络服务提供者的概念和范围重新加以梳理，根据网络版权法律关系的要求，辩明了各种网络服务提供者的基本属性，明确了网络服务提供者的法律地位，并为实现网络版权侵权责任的明晰化，创见性地将网络服务提供者划分为网络技术服务提供者和网络作品传播者，分别阐述其应该各自承担的版权侵权责任。     

论网络侵权案件中网络服务提供者的信息披露义务

网络服务提供者的信息披露义务,是针对特定网络服务提供者产生的,附条件、带有强制性的义务。依法作出的信息披露有阻却违法的作用。信息披露义务的形成与网络侵权的特性密切相关。信息披露有公力与私力两种模式,我国以采私力模式为宜。     

中国民间组织的合法性困境

中国民间组织存在严重的合法律性问题,一方面,占总数80％以上的民间组织属于“非法存在”,另一方面,经过合法登记的民间组织也存在内部管理不善、财务混乱甚至违法犯罪等问题。从法律角度考察,民间组织的合法律性困境,直接地由执法部门的执法不能导致,归根结底由立法不当产生。现行的民间组织法规体系严重缺乏实效,处于正当性与合法律性均不足的困境中。解决民间组织的现实问题,需要尽快制定《民间组织法》,推进管理制度变革,从控制型管理转向培育型管理。     

Medicare program; withdrawal of the Provider Reimbursement Review Board Hearing Manual--PRRB, HHS. Notice

This notice announces that the Provider Reimbursement Review Board (PRRB) Hearing Manual is obsolete in its entirety. The PRRB Hearing Manual is no longer necessary because the applicable procedures for the processing of appeals are contained in chapter 2900 of the Provider Reimbursement Manual.     

REVIEWS

Precedent in English Law and Other Essays . By James Louis Montrose . Edited by H. G. Hanbury . Precedent in English Law . By Rupert Cross . Second Edition. Double Jeopardy . By Martin L. Friedland . The Making of a Criminal . By Patricia Elton Mayo . Constitutional Law in Northern Ireland : A Study in Regional Government . By Harry Calvert . The Vietnam War and International Law . (Sponsored by the American Society of International Law.) Edited by Richard A. Falk . Law and Vietnam . By Roger H. Hull and John C. Novogrod . Foreword by Myres S. Mc Dougal . The Middle East Crisis : Test of International Law . Edited by John W. Halderman . Law and Contemporary Problems Series, No. 11. Restatement of African Law . Kenya . Volume I: The Law of Marriage and Divorce . Volume II: The Law of Succession . By Eugene Cotran . General Editor, Professor A. N. Allott . The Law and Practice of Nigerian Wills , Probate and Succession . By Brian W. Harvey . Uganda , The Development of its Laws and Constitution . By H. F. Morris and James S. Read . Le Droit de la Famille en Afrique Noire et à Madagascar . Edited by Kéba M'Baye . Preface by Marc Ancel . Ideas and Procedures in African Customary Law . Edited by Max Gluckman . Neutralization and World Politics . By Cyril E. Black and Others .     

REVIEWS

Book reviewed in this article: Lawyers and the Public Interest . A study in Restrictive Practices . By Michael Zander In Search of Justice . Society and the Legal System . By Brian Abel -Smith and Robert Stevens Law Reform: the New Pattern , being the Lindsay Memorial Lectures for 1967. By the Hon . Mr . Justice Scarman Frontiers of Civil Liberties . By Norman Dorsen Freedom, the Individual and the Law . By Harry Street Human Rights in National and International Law . Edited by A. H. Robertson Comparative Constitutional Process : Cases and Materials. By Thomas M. Franck Palmer 's Company Law . Twenty-first Edition by Clive M. Schmitthoff, ll.d . Company Law . By Robert R. Pennington The Investor and the Law . By Robert R. Pennington . Harris 's Criminal Law . Twenty-first Edition. By Anthony Hooper . An Outline of the Law of Evidence . By Rupert Cross and Nancy Wilkins . African Women : Their Legal Status in South Africa . By H. J. Simons Family Law in Asia and Africa . Edited by J. N. D. Anderson Manual of German Law . Volume I: General Introduction, Civil Law. Second completély revised edition. By E. J. Cohn , assisted by W. Zdzieblo The Civil Practice of the Superior Courts in South Africa . Second Edition. Edited by Van Winsen and Thomas (in collaboration with A. C. Cilliers ) American Legal Realism . By Wilfrid E. Rumble , Jr Military Alliances and Neutrality in War and Peace . By Subrata Roy Chowdhury     

REVIEWS

Crime , Law and the Scholars : A History of Scholarship in American Criminal Law . By Gerhard O. W. Mueller . What's Wrong With The Law ? Edited by Michael Zander . Tangling With Law : Reforms in Legal Process. By F. A. R. Bennion. The Charter Controversy in the City of London , 1660–1688, and its Consequences. By Jennifer Levin . The Popular Movement for Law Reform 1640–1660. By Donald Veall . Delictual Liability and the Conflict of Laws . By Otto Kahn -Freund . The Principles of Modern Company Law . Third edition. By Professor L. C. B. Gower , A Law Commissioner. Co-editors: K. W. Wedderburn , Cassel Professor of Commercial Law in the University of London, and O. Weaver and A. E. W. Park , Barristers-at-Law. The Criminal Responsibility of Corporations in English Law . By Dr. L. H. Leigh . The Company : Law , Structure and Reform in Eleven Countries . Edited by Charles de Hoghton . The Legitimacy of the Business Corporation in the Law of the United States 1780–1970. By James Willard Hurst . Discretionary Justice : A Preliminary Inquiry . By Kenneth Culp Davis . Congress v. The Supreme Court. By Raoul Berger . The Costs of Accidents : A Legal and Economic Analysis . By Guido Calabresi . The Law of Tort in Local Government . Second Edition by Mary Bell Cairns, ll.m., ph.d . Labour Law . By Charles D. Drake, m.a., ll.b. , of the Middle Temple, Barrister-at-Law. The Divorce Reform Act 1969. By Bernard Passingham, o.b.e., t.d.     

REVIEWS

Book reviewed in this article: Parry and Clark : The Law of Succession , 7th edition by J. B. Clark White Collar Crime . By G. Geis and R. Meier (revised edition) Worker Participation in Europe . By J. R. Carby -Hall Compensation for Unemployment . By John Mesher Unemployment Insurance Benefits . A Study of Administrative Procedure in the Unemployment Insurance Commission prepared for the Law Reform Commission of Canada by Pierre Issalys and Gaylord Watkins Labour Disputes and Unemployment Insurance Benefits in Canada and England . By M. A. Hickling European Studies in Law : Volume 1. Comparative Conflict of Laws : Selected Essays, Volume 1. By R. H. Graveson European Studies in Law : Volume 2: One Law : On Jurisprudence and the Unification of Law : Selected Essays, Volume II. By R. H. Graveson Consumer Credit Legislation . By R. Goode Consumer Credit Control . By F. Bennion Encyclopedia of Consumer Credit Law . By A. G. Guest and M. G. Lloyd     

REVIEWS

Book reviewed in this article: The Control of Commercial Fraud . By L. H. Leigh . Striking a Balance ?—Employment Law After the 1980 Act . By Roy Lewis and Bob Simpson . Law and Economics . Edited by Ross Cranston and Ann Schick . Mental Health Law : Major Issues . By David B. Wexler . Fragile Freedoms . By Thomas R. Berger . Sentencing . By Hyman Gross and Andrew Von Hirsch . Law and Religion : The Jewish Experience . By Z. W. Falk . Mac Gillivray and Parkington on Insurance Law relating to all risks other than marine . Seventh edition by Michael Parkington , Anthony O'Dowd , Nicholas Legh -Jones and Andrew Longmore . Crime and the Criminal Law . Second edition, by Barbara Wootton . United States , Common Market and International Antitrust : A Comparative Guide . By Barry Hawk .     

Review essay / institutional roles and moral autonomy

Elizabeth Wolgast, Ethics of an Artificial Person: Lost Responsibility in Professions and Organizations Stanford, CA: Stanford University Press, 1992, 161 pp.     

British Labour Relations in the 1980s: Learning to Live with the Law

Labour Law and Industrial Relations: Building on Kahn-Freund. Edited by Wedderburn, Lewis and Clark Kahn-Freund's Labour and the Law. 3rd edition by Davies and Freedland. Labour Law: Text and Materials. 2nd edition. By Davies and Freedland.     

Reviews

Law, Society and Political Action. By Thomas Mathiesen. Official Discourse. By Frank Burton and Pat Carlen. The Law-Making Process. By Michael Zander. The Authority of Law: Essays on Law and Morality. By Joseph Raz. Enterprise Law of the 80's—European and American Perspectives on Competition and Industrial Organization. Edited by F. M. Rowe The Substantive Law of the EEC. By Derrick Wyatt and Alan Dashwood. Criminology in Focus: Past Trends and Future Prospects. By A. Keith Bottomley. Deviant Interpretations: Problems in Criminological Theory. Edited by David Downes and Paul Rock.     

REVIEWS

Book reviewed in this article: Labour Law Today Labour Law : Cases and Materials . By Patrick Elias , Brian Napier and Peter Wallington Industrial Law . By I. T. Smith and Sir John C. Wood Law of Employment . By Norman M. Selwyn Modern Employment Law . 3rd edition. By Michael Whincup . The Employment Acts 1974–1980. By Charles D. Drake and Brian Bercusson Labour Law in Great Britain and Ireland to 1978. (A companion volume to a Bibliography of the Literature on British and Irish Labour Law.) By B. A. Hepple , J. Hepple , Paul O'Higgins and Paula Stirling Historical Foundations of the Common Law . Second edition by S. F. C. Milsom . Justice and Welfare in Divorce. By Mervyn Murch . Law and Legal Science: an Inquiry into the Concepts Legal Rule and Legal System . By J. W. Harris Research in Law and Sociology . Volume 2 (1979). Edited by Steven Spitzer . The Office of the Attorney -General in Ireland . By J. P. Casey . Gifts and Promises . By John P. Dawson . Taking the Fifth . By Mark Berger . A Source -Book on French Law . Second edition. By Sir Otto Kahn -Freund , Claudine Levy and Bernard Rudden . Constitutionalism in Asia : Asian Views of the American Influence . Edited by Lawrence Ward Beer . Landlord and Tenant . Second edition. By Martin Partington . The Impact of Marine Pollution . Edited by Douglas J. Cusine and John P. Grant . Law of Electronic Surveillance in Canada . By David Watt . The Child and the State . By Laurence D. Houlgate .     

REVIEWS

Modern Times Niklas Luhmann on Law, Politics and Social Theory: Trust and Power. By Niklas Luhmann, translated by H. Davis, J. Raffan and K. Rooney, edited by T. Burns and G. Poggi, with an introduction by G. Poggi. [Chichester: John Wiley. 1979. xix and 208pp., £16·55, hardback.] Modern Times Niklas Luhmann on Law, Politics and Social Theory: The Differentiation of Society. By Niklas Luhmann, translated and introduced by S. Holmes and C. Larmore. [New York: Columbia University Press. 1982. xxxvii and 482pp., $35.00.] Modern Times Niklas Luhmann on Law, Politics and Social Theory: The Reform of Civil Procedural Law and Other Essays in Civil Procedure. By Sir Jack I. H. Jacob, Q.C. [London: Sweet and Maxwell. 1982. 359 pp. £18·50.] Modern Times Niklas Luhmann on Law, Politics and Social Theory: Law and Order: Arguments for Socialism. By Ian Taylor. [London: Macmillan. 1981. 234 pp. Hardcover: £15·00. Softcover: £4·95.] Modern Times Niklas Luhmann on Law, Politics and Social Theory: The Ordering of Justice: A Study of Accused Persons as Dependants in the Criminal Process. By Richard V. Ericson and Patricia M. Baranek. [Toronto: University of Toronto Press. 1982. xvi and 268 pp. (incl. index). No price stated.]