A Primer on Child Abuse and Neglect Law

This article surveys major aspects of child abuse and neglect law encountered by judges, lawyers, child advocates, and child care professionals. The authors, whose casebook, Children and the Law: Doctrine, Policy and Practice (West 4th ed. forthcoming 2010), is required reading in nearly seventy law schools, analyze both statutory and case law.     

Illuminations and Shadows from Jury Simulations

In the 18 years since authors in Law and Human Behavior's special issue on simulation research called for more realistic jury simulations, jury simulations of all kinds have proliferated. While simulations in general represent a significant improvement over nonempirical armchair speculation about jury behavior, the more ecologically valid features of recent simulations increase both the quality and the persuasiveness of simulation results. Still missing, however, are theories and a data base that will signal when these more elaborate and expensive design features are crucial.     

Peer‐learning at university,trusting the students

This paper is a development of the Association of Law Teachers’ annual Lord Upjohn lecture, delivered on 29 January 2015 at City Law School, London, by the principal investigators of the Legal Education and Training Review’s (LETR) research team. In it, each of the authors takes a different theme arising from the LETR Report, and explores its implications and application, focusing on research and innovation; access and flexibility; deprofessionalisation, and, finally, reflecting on the way the Report addressed themes of common training, oversupply and access to justice. As our title indicates, the paper comprises both individual performances and performance as a consort, and we hope that in this way, we enact one of our key themes: the social nature of legal education and its regulation.     

The appointments clause: Judge Bork and the role of ideology in judicial confirmations

The Law of Obligations: The Roman Foundations of the Civilian Tradition. Reinhard Zimmermann. Cape Town: 1990. Ixiv + 1241pp. (incl. Indexes).

Reconstructing the Criminal: Culture, Law and Policy in England, 1830–1914. Martin J. Wiener. Cambridge, 1991. The University Press, ix + 390pp. (incl. Index). £35/$39.50 hb. ISBN 0 521 35045 X.

Women, Crime and Custody in Victorian England, Lucia Zedner. Oxford, 1991. Clarenden Press. 364pp. (incl. Index). £40 hb. ISBN 0 19 820264 4.

St Albans Quarter Sessions Rolls 1784–1820. Edited with an Introduction by David Dean. Hitchen, 1991. Hertfordshire Record Publications, xx + 197pp. (incl. Indexes). £15.95 hb. ISBN 0 9510728 6 2.

The Background of the Common Law. Derek Roebuck. 2nd edn. Hong Kong, Oxford and New York, 1990. Oxford University Press, ix + 143pp. (incl. Index). £6.99 pb. ISBN 019 585165 X.

The Physician‐Legislators of France: Medicine and Politics in the Early Third Republic, 1870–1914. Jack D. Ellis. Cambridge, 1990. The University Press, xii + 305pp. (incl. Index). £35.00/$49.50 hb. ISBN 0 521 38208 4.

Combination and Conspiracy: A Legal History of Trade Unionism 1721–1906. John V. Orth. Oxford, 1991. Clarendon Press, xvi + 207pp. (incl. Index). £30hb. ISBN 0 19 825299 4.

Law and the Shaping of the American Labor Union Movement. William E. Forbath. Cambridge, Massachusetts. 1991. Harvard University Press, xvi + 211pp. (incl. Index). ISBN 0 674 517814.

The State, Law and Religion: Pagan Rome, Alanwatson. Athens, Georgia, 1992. University of Georgia Press, xv + 136pp. (incl. Index). $30 hb. ISBN 0820313874.

American Constitutional Rights: Cases, Documents, and Commentary. William A. Carroll and Norman B. Smith. Lanham, USA. 1991. University Press of America, Inc. xviii + 785pp.     

The International Law Commission's Draft Code of Crimes against the Peace and Cecurity of Mankind: An appraisal of the substantive provisions

This article is an expanded and updated version of a paper delivered at the annual meeting of the Australian and New Zealand Society of International Law in Canberra, Australia, May 28–30, 1993.The authors served as International Legal Consultants to the Australian Department of Foreign Affairs and Trade on the International Law Commission's Draft Code of Crimes against the Peace and Security of Mankind. The opinions expressed in this article are those of the authors and not of the Australian government.     

中国境外间接上市中的财富外流问题

The process of indirect listing overseas of enterprises can easily result in wealth outflow, which has imposed a negative impact on the development of security market, the order of money market and the increase of tax revenue in China. Therefore, the government should exercise necessary regulation on the wealth outflow during indirect listing overseas, and treat state-owned enterprises and private-owned enterprises differently. The fundamental solution to this issue should start from improving domestic financing conditions, improving regulatory system, realizing equal treatment for enterprises and strengthening the legal protection of private property. Fu Jun, Ph.D of law, is an associate professor at University of International Business and Economics, having released over thirty research articles in many academic journals, such as Journal of Chinese Law, Journal of Law, Jurists Review, Modern Law Science, Journal of Law Application, Hebei Law Science, Journal of Shanghai University of Finance and Economics, Journal of East China University of Political Science and Law, Journal of Jinan University. Moreover, his other publications include monographs, Analysis of Selected Cases on the Letter of Credit of Britain and America (2006), A Study on Corporation Proxy (2005), International financial law (2005). etc.     

Obscenity and the law

This paper examines whether a random sample of adults can apply local contemporary community standards regarding the acceptability of explicit sexual material. Inasmuch as the legal test employed in the U.S. for determining obscenity requires a jury to apply such standards, the research examines the practicality of such an approach. The analysis indicates that the best predictor of what an individual will perceive the community standards to be is the individual's own standards concerning sexual material. The implications of these findings are examined from both a legal and social science perspective. In addition, the consequences of not providing jurors information concerning local standards are discussed.A previous version of this paper was presented at the Annual Meeting of the Law and Society Association in Chicago, May 29–June 1, 1986. The authors wish to thank Debbie Edwards, Jane Warne, and the anonymous reviewers fromLaw and Human Behavior for their helpful comments and suggestions concerning the paper.     

Editor's Note

All of the Soviet codifications referred to by the authors of Forensic Psychiatry have been translated into English, as follows:

Criminal Law

Fundamentals of Criminal Legislation of the USSR and Union Republics, and Fundamentals of Criminal Procedure of the USSR and Union Republics: F. J. Feldbrugge, in Law in Eastern Europe, No. 3, under "The Federal Criminal Law of the Soviet Urion" (Z. Szirmai, ed.), A. W. Sythoff, Leyden, 1959; George H. Hanna, in Fundamentals of Soviet Criminal Legislation, the Judicial System, and Criminal Court Procedure, Foreign Languages Publishing House, Moscow, 1960; in Current Digest of the Soviet Press, March 4, 1959.     

对我国“商法特征”若干界说的实证分析思考

由于商法调整对象之复杂、涵摄范围之宽泛且发展之迅速,我国商法教科书关于"商法特征"的界说颇具多样性,如称"商法具有营利性"、"商法具有技术性"、"商法具有整体性"、"商法具有发展性"和"商法具有变动性"等,似多欠准确。本文试图对"商法特征"若干界说进行理论分析和逻辑梳理,重点讨论了商法具有"营利性"、"技术性"、"兼容性"、"国际性"等表述的科学性问题,并从商法目的、商法规范、理论认识的一般方法、与相近学科的比较分析、取本舍末和法律语言等角度,就商法特征的界定方法问题提出了几点建议。     

ASSOCIATION OF FAMILY AND CONCILIATION COURTS WHITE PAPER GUIDELINES FOR COURT‐INVOLVED THERAPY: A BEST PRACTICE APPROACH FOR MENTAL HEALTH PROFESSIONALS

This article was written by the Honorable Linda S. Fidnick and Kelly. A. Koch, Esq. Judge Fidnick is an Associate Justice with the Hampshire Probate and Family Court. Prior to her appointment to the bench in 2008, Judge Fidnick was a partner in the Amherst law firm of Burres, Fidnick & Booth LLP, where she concentrated her practice in all areas of family law. Judge Fidnick is a graduate of Smith College and the University of Connecticut Law School, and she has been a member of the Massachusetts Bar for over thirty years. Judge Fidnick is past president of the Massachusetts chapter of the Association of Family and Conciliation Courts (AFCC) and currently serves on the national board of directors of AFCC. Judge Fidnick and Matthew Sullivan, Ph.D. are the co‐chairs of the AFCC Task Force on Court‐Involved Therapists. Attorney Koch is a graduate of Brandeis University and WesternNew England College School of Law. She served as a law clerk to the Justices of the Massachusetts Probate and Family Court and is presently an associate attorney with the Springfield, Massachusetts firm of Bulkley, Richardson and Gelinas. Matthew J. Sullivan, Ph.D. is a psychologist in private practice in California who has written articles, presented and done trainings at numerous national and international venues on interventions in high conflict divorce, Parenting Coordination and child alienation in family law cases. He currently serves on the Board of Directors at AFCC. Lyn R. Greenberg, Ph.D. is a family forensic psychologist practicing in Los Angeles, California. She serves as the reporter for the AFCC Court‐Involved Therapist Task Force and Co‐Chairs the Family Forensic Special Interest Group of Div. 43. She Co‐Chaired the APA‐ABA Working Group on Representation and Advocacy for Children. The AFCC Task Force on Court‐Involved Therapists was given the charge of defining guidelines for the professional practice of therapists working with court‐involved families. A draft of the Guidelines was presented for Comments in March 2010 and all comments were submitted to the Task Force Reporter, Lyn R. Greenberg, Ph.D. on May 1, 2010.     

A missed opportunity

Conclusion By focusing on the narrow question of the proper contractual interpretation of the extradition treaty, the Court missed the crux of theAlvarez-Machain case. The weakness in the decision, therefore, is not that the Court adopted the wrong contractual interpretation but rather that it failed frankly to address the real issue. Determining the appropriate role of the Court in formulating an international order in the post-cold war era is a difficult and complex problem. It raises delicate questions of foreign policy, separation of powers, and institutional competence. There are no easy answers. But the problem is not one that will—or should—go away. The issue must be debated in the courts, as well as in the political and academic arenas. By failing to confront this issue openly, the Supreme Court lost a valuable opportunity to start the debate and to begin to define the Court's role in forging the new world order.The authors would like to thank Detlev Vagts, Bemis Professor of Law at Harvard Law School, for his insightful comments on an earlier draft.     

REVIEWS

Stephen Livingstone and Tim Owen, Prison Law: Text and Materials, Oxford Michael Forde, The Law of Company Insolvency, Dublin Nigel Maw, Lord Lane of Horsell and Sir Michael Craig-Cooper, Maw on Corporate Governance, Aldershot Nasser Arshadi and Thomas Eyssell, The Law and Finance of Corporate Insider Trading Philip I. Blumberg, The Multinational Challenge to Corporation Law: The Search for a New Corporate Personality A.B. Wilkinson and K. McK. Norrie, Parent and Child     

Colonial origins of land acquisition law in New South Wales and Queensland

F.W. Maitland. G.R. Elton. London. 1985. Weidenfeld and Nicolson. vii &; 118 pp. (incl. Index). £12.95.

Victorian Prison Lives: English Prison Biography (1830–1914). Philip Priest‐ley. London and New York. 1985. Methuen. xiii &; 311 pp. (incl. index). £25.00.

Christopher St German on Chancery and Statute. J.A. Guy. London. 1985. Selden Society Supplementary series vol. 6. x &; 149 pp. (incl. index). £15.

Imprisonment in England and Wales: A Concise History, Christopher Harding, Bill Hines, Richard Ireland and Philip Rawlings, Beck‐enham. Croom Helm. 1985. xiii &; 308 pp. £25.00.

The Evolution of Law. Alan Watson. Oxford. 1985. Basil Blackwell. xi &; 156 pp. (incl. index). £17.50.

Unequal Access: Women Lawyers in a Changing America. Ronald Chester. Massachusetts. 1985. Bergin &; Garvey Publishers, Inc. viii &; 135 pp.(incl. index). £24.95.

Unequal Laws unto a Savage Race: European Legal Traditions in Arkansas, 1686–1836. Morris S. Arnold. Fayetteville. 1985. University of Arkansas Press, xviii &; 234 pp.

Returns of Strangers in the Metropolis 1593, 1627, 1635, 1639: A Study of an Active Minority. Ed. Irene Scouloudi. London. 1985. The Huguenot Society.

’Without the Law’: Administrative Justice and Legal Pluralism in Nineteenth Century England. H.W. Arthurs. Toronto. 1985. University of Toronto Press, xvi + 312 pp. (incl. index). £20.00.     

中国东海法律问题

In the most range of the East China Sea, the exploiting oil and gas have been blocked for decades by conflicting claims to the boundaries and islets by China and Japan. For the sake of addressing conflicts in a comprehensive cooperation by bilateral and multilateral agreements aiming at reducing rising tensions and harvesting resources in disputed areas, it has become a key issue worthy of research. Zhou Zhonghai is a professor of international law and director of the International Law Center in China University of Political Science and Law. He was a senior visiting scholar of the Law School, University of Virginia (1991). As a legal adviser of the Chinese delegation to the third UN conference on the law of the sea, he once attended the drafting committee conference. His main works include Comments on International Law (2001), International Law of the Sea (1987), Legal Problems on International Economic Relations (1993), Peace, Justice and Law (1996), Technologic Progress and Development of the Law of the sea (1998), Law Dictionary (1998), Business Law in China, Trade, Investment and Finance (1997), On the Case of Agusto Pinochet Ugarte (1999). In addition, he has published many essays, for instance, Zhonghai Zhou’s essays on international law (2006), Jurisdiction of the International Tribunal for the Law of the Sea (2005), International law and its functions in international relations (1997), On diplomatic protection for the overseas investments (2007).     

Search for Sentencing Equity: Sentence Review in Massachusetts and Connecticut

Grievances and restlessness among convicted prisoners led to legislation–in 1943 in Massachusetts, in 1957 in Connecticut–establishing sentence review boards composed of three judges of the trial courts of first instance. The authors explore in these two jurisdictions how often and under what circumstances sentences are appealed and modified and what effect, if any, these modifications have on the sentencing practice in the trial courts. They also appraise the value of the Connecticut requirement that the review board state the reasons for its decisions. The authors explore the function of the review boards in the broader context of the need for reducing sentence disparity.     

合乎时代主题的理论创新———评《国际法与国内法关系的法理学思考》

李龙教授与汪习根副教授的《国际法与国内法关系的法理学思考》一文从法理学的高度探讨了国际法与国内法的关系 ,作者准确地把握了当今国际关系的和平与发展的主题 ,在把握了时代脉膊的同时进行了理论创新。     

Reviews

Keith Hawkins (ed), The Uses of Discretion , Oxford: Clarendon Press, 1992, xiii + 431 pp, hb £45.00. Andrew Bainham with Stephen Cretney, Children: The Modern Law Mike Maguire, Rod Morgan and Robert Reiner (eds), The Oxford Handbook of Criminology Jaime Oraa, Human Rights in States of Emergency in International Law Joan Fitzpatrick, Human Rights in Crisis: The International System for Protecting Human Rights During States of Emergency Stephen M. Schwebel, Justice in International Law J. Eekelaar and M. Maclean (eds), A Reader on Family Law     

Knowledge of police and court procedures and respect for the law a survey

Data were collected measuring knowledge of procedures and civil liberty protections in the juvenile justice system. In addition, questions from the Rundquist-Sletto Respect for Law Scale were used to assess attitudes toward the system. Three hundred ninety-six subjects, selected through stratified random sampling, were instructed to answer twenty-eight forced-choice questions on procedures and six Guttman-type scale questions on attitudes toward authority, all presented in the context of a brief scenario. Subjects were also asked to indicate age, sex, race, and previous arrest. Several questions were identified as applications of the Miranda decision, and the hypothesis was confirmed that these would be most often answered correctly by all subjects.A brief survey of the development of a separate juvenile justice system is presented. The authors concluded that by relying on informal channels of communication about its role, the court does not meet its obligation to educate the public.     

沦"儿童最大利益优先原则"在中国的确立——兼论《婚姻法》等相关法律的不足及其完善

International documents like the Declaration of the Rights of the Child (1959) and the Convention on the Rights of the Child (1989) propose that in mediating on children issues, the best interests of the child should be the primary consideration. In China, the Constitution and the Law on the Protection of Minors have already set out the terms in principle for the protection of minors, however, it has not been defined in the Marriage Law (2001). In order to enforce the commitment of respecting and safeguarding human rights, the child’s best interest principle should be established in marriage and family law, along with amending related provisions. Chen Wei is a professor of law, and director of the Research Center for Foreign Family Law and Women Theories in the China Southwest University of Political Science and Law. She is in the teachings of civil law, family law, law of succession, the history of civil law and comparative family law for years. During 2003–2004, Prof. Chen, being a visiting scholar, studied foreign family laws in the Faculty of Law, Sydney University. In academic field, she has published over 50 research articles in China and abroad; and her monograph is Research on the Legislations of Marriage and Family Law of China (2000). Further, she has taken charge of editing over 10 books, for instance, A Comparative Study of Family Laws between the Mainland and Hong Kong, Macao and Taiwan of China (2002), A Comparative Study of Foreign Marriage and Family Law (2006) and A Comparative Study of Succession Laws among the Mainland, Hong Kong, Macao and Taiwan of China (2007).     

Reviews

Books reviewed: Goldberg Causation and Risk in the Law of Torts; Scientific Evidence and Medicinal Product Liability Kearns The Legal Concept of Art Bovens The Quest for Responsibility Weiler The Constitution of Europe: ‘Do the New Clothes Have an Emperor?’ and Other Essays on European Integration Cane and Stapleton (eds) The Law of Obligations: Essays in Celebration of John Fleming Naffine Feminism and Criminology Christodoulides Law and Reflexive Politics Trimadas The General Principles of EC Law