Lessons from Tuskegee: What Law Enforcement Can Learn from the History of Bioethics

Though Black lives continue to be lost during encounters with law enforcement, we remain far from a policy solution. While leading presidential candidates fail to offer concrete proposals, the recommendations of Campaign Zero appear to have found little traction. Furthermore, we are far from understanding the causes of the disproportionate use of violence against minorities. Faced with a growing crisis, law enforcement would do well to consider professions that have taken successful steps to outgrown their history of racial violence. The medical community’s response to the Tuskegee syphilis experiment is particularly instructive. Much as the medical community responded to a crisis of racial violence by fundamentally reconceptualizing the role of the physician, the time has come for a new ethics of policing that will reshape our understanding of the role of law enforcement.     

Communing with Disaster: What We Can Learn from the Jusen and the Savings and Loan Crises

Now that the Japanese economic miracle has soured into the Japanese economic meltdown, scholars are confronted with a new challenge: instead of trying to penetrate the secret of Japan's successes, they must try to unravel the enigma of its misfortunes. Professors Curtis Milhaupt and Geoffrey Miller (1997) have performed a great service in documenting one of the most dramatic of those misfortunes – the collapse of the jusen companies. Professor Shinsaku Iwahara (1997) has also performed an equally valuable service by placing this event in the larger context of Japanese politics and society. But despite its record setting scale, the jusen problem was not unprecedented; Japan merely followed in the footsteps of its economic mentor, the United States, which experienced a very similar financial meltdown about a decade earlier. This commentary briefly describes that event – the U.S. savings and loan crisis – and then draws some tentative conclusions on the basis of a comparison of the two events.     

Legislative Intentions and Counterfactu-als: Or,What One Can Still Learn from Dworkin's Critique of Legal Positivism

Riggs v. Palmer has become famous since Dworkin used it to show that legal positivism is defective. The debate over the merits of Dworkin's claims is still very lively. Yet not enough attention has been paid to the fact that the content of the statute at issue in Riggs was given by the counterfactual intention of the legislature. According to arguments from legislative intent, a judicial decision is justified if it is based on the lawmaker's intention. But can legislative intentions be determined counterfactually? More generally, what are the discursive commitments undertaken by a lawyer or a judge, in an exchange of legal reasons, when using this interpretive methodology? This paper addresses these issues considering, in particular, David Lewis's “resemblance” condition and “relevant similarity” between possible worlds in the evaluation of counterfactual statements. The analysis sheds some new light on the debate on theoretical disagreements and shows that Dworkin's conception of law as an argumentative practice is not necessarily at odds with legal positivism. It rather allows us to look at it under a better light.     

The Miscegenation/Same‐Sex Marriage Analogy: What Can We Learn from Legal History?

It has become commonplace among historically inclined legal scholars to look to the history of the United States' elimination of bans on mixed-race sexual relationships for guidance about the recent controversy over same-sex marriage. This article argues that, while the analogy is helpful, it is not perfect because of the particular historical circumstances of the battle over antimiscegenation laws. Because regulations against interracial marriage were at the heart of defining and perpetuating the political and institutional system of white supremacy, they served a different purpose than the bans on same-sex marriage. The analogy can be pursued, however, to promote a critical consideration of the history of marriage as a heteronormative institution, generating a broader agenda for empowering change. Such a use of history takes the experience of the struggle against the antimiscegenation regime as a cautionary tale rather than a guidepost.     

论美国毒物致害侵权责任的特殊免责抗辩及对我国产品责任法的启示

我国<产品质量法>中所规定的三个免责条款存在若干问题,本文通过比较法研究,认为我国的产品责任立法或者未来的中国民法典侵权责任法编应该对"最高工艺"抗辩或称"发展风险"抗辩进行适当限制,同时还应该对美国产品责任法上的一些特殊免责抗辩进行合理吸纳.     

Genetic Screening and Disability Insurance: What Can We Learn From The Health Insurance Experience?

Genetic information may be used by health and disability insurance companies to deny or restrict coverage. How health insurance companies use genetic information, and how public policy has limited that use, can be illustrative for genetics and disability insurance policy.     

渤海特别法执行机构设计的国际经验借鉴

国际区域海公约中的执行机构建设主要形成了“单一区域性组织”、“缔约方会议+秘书处”、“缔约方会议+委员会”和“缔约方会议+秘书处+附属机构”四种模式.渤海特别法不应采用“单一区域性组织”模式.“缔约方会议+秘书处”模式中的秘书处和“缔约方会议+委员会”模式中的委员会相比,后者享有实际执行权.渤海特别法应优先选择委员会.渤海特别法可以考虑在“渤海管理委员会+渤海管理执行委员会”方案的基础上根据需要设立作为附属机构的科学委员会、监察委员会等.     

Corporate Incubators: Industrial R&D and What Universities can Learn from them

The explosive growth of incubation has seen a concurrent and significant increase in research on and knowledge of the incubation phenomenon. However, instead of comprehensively differentiating between non-profit and for-profit incubators, research has described a whole array of partly overlapping archetypes, thus missing out on important aspects. This article first offers two arguments validating a framework of what non-profit university incubators can learn from for-profit corporate incubators before presenting the framework itself. While corporate incubators are for-profit organizations with which to enhance a corporation’s technology development, university incubators try to leverage technological insights from the university in a similar manner. In accordance with their respective missions, organizational structures, incubator processes and resource flows, it is possible to transfer lessons learned from two corporate incubator archetypes—the fast-profit incubator and leveraging incubator—to the world of university incubator. Our empirical findings are based on in-depth case studies of 25 companies through 52 semi-structured interviews with managers of corporate incubators of large technology-intensive corporations in Europe and the U.S., two EU incubator benchmarking surveys and five interviews with the heads of technology transfer offices of two top technology universities.     

拿什么拯救购房者

在全球金融危机正在发生的时候，中国出现的高房价一时拯救了房地产开发商、GDP和财政收入，但拿什么来拯救购房者？     

Applying the Strategies of International Peacebuilding to Family Conflicts: What Those Involved in Family Disputes Can Learn from the Efforts of Peacebuilders Working to Transform War‐Torn Societies

Intractable international conflicts and difficult or intractable family conflicts have much in common. Relationships are damaged or destroyed, escalation causes parties to become polarized and make bad decisions, communication is strained or nonexistent, and competition and coercion take the place of collaboration. Similarities also exist in the realm of solutions, and those caught in (or intervening in) difficult family conflicts can learn much from the strategies and tactics of international peacebuilders. This article describes eight steps that peacebuilders at both the family level and the international level can take to make very damaging conflicts more constructive.

Key Points for the Family Court Community:
• Limiting escalation is important in both contexts.
• Preventing or correcting misunderstandings is key to resolution in both contexts as well.
• Be sure you are focusing on the real problem(s).
• Get the facts straight (and agreed upon) before making agreements.
• Healing past wrongs is important for long term stability.
• Working both within and beyond the zone of possible agreement (ZOPA) is essential in both contexts.
• Working to improve relationships helps all parties and improves the outcome.

     

Criminal Justice Policy Transfer To Post-Soviet States: Two Case Studies Of Police Reform In Russia And Ukraine

The aim of this article is to review the impact of two British research projects on the policies and practices of local police forces in two former Soviet states: Russia and Ukraine. Using a case study approach, the article explores the ways in which the political, cultural and ideological context within which the police operate, and reform is being attempted, shape attitudes towards reform amongst the police and the public, and the outcomes achieved. The article draws upon an evaluation of the impact of two independent 3-year applied research projects, which aimed to investigate specific crime and policing issues in Russia and Ukraine, implement pilot projects and evaluate their impact in order to make recommendations for more general criminal justice policy reform. The overall results of the projects suggest that, despite significant interest in the concept of police reform and the adoption of western concepts, particularly at the local level, significant barriers to large-scale policy transfer persist, many of which are largely beyond the influence of local practitioners and western reformers.     

靠什么制约公权力的滥用?

“全面推行依法行政”单纯依靠行政法制的完善 ,依靠明确规定各级政府的行政权限和行政程序 ,是不能真正达到目的的。需要制定一部完善的、进步的、科学的民法典向整个社会 ,特别是向我们的政府、领导干部和公务员灌输私法观念、私权观念 ,约束国家公权力的行使 ,限制公权力的滥用 ,只有这样才能真正实现依法行政。