Criminal responsibility for two consecutive crimes

Criminal legally responsible for responsibility in Israel his crimes unless the is defined in terms of polarity： all or nothing. An individual is court has determined that he is exculpated from criminal responsibility; there is no diminished criminal responsibility. The authors present a unique case where two expert psychiatrists determined that the accused was culpable for the first crime, rape, but was exculpated from criminal responsibility for the second crime, stabbing, which was committed immediately thereafter. As per the court approved plea bargain, the accused was charged only with rape, and was sentenced to incarceration in the psychiatric ward of the prison. The social significance of the expert psychiatric opinion and the court ruling will be examined in this paper.     

Another victim of the ＂banana war＂： Some reflections on the status of the principle of liability in the absence of unlawful conduct in the community legal system

Articles 235 and 288 second paragraph EC provide remedies for damages caused by Community institutions, to individuals, legal bodies or States that concern legal obligations outside the scope of contractual relations. Although it did not receive any real application, the principle of liability in the absence of fault is mentioned by the Court in a couple of cases. This article seeks to explore this principle in its due context and in the light of comparative law. To that effect, it is first necessary to make a short recall of the historical case law in this field, to analyze afterwards the latest jurisprudential developments （FIAMM/FEDON case）, and finally to consider the future prospects of this principle in the Community law through two options. One alternative would be to adopt more lenient conditions for the application of Community＇s liability for fault and notably a progressive abandon of the current serious fault regime and the adoption of the simple fault regime. Another option would be to remove the tort nature from the no-fault liability and to move from the reparation of damage to a compensation for the breach of the equality.     

Imagining the law and the constitution of societal order in Los Angeles Police Chief William Parker＇s 1965 ＂Crime and the Great Society＂ address

Legal scholar James Boyd White has challenged both lawyers and rhetoricians to imagine the law as an enterprise of language. In contending that members of the legal profession should see law as an activity of speech and imagination occurring in a social world, he has urged lawyers to view the legal profession as an interaction of authoritative texts and as a process of legal thought and argument instead of thinking of law as a technical system of regulations and applying its rules in a mechanical way. By asking members of the legal professional to consider law as rhetoric, White has encouraged them to recognize the socially constitutive nature of language, which runs contrary to a perspective of law as machine or, rather, the law as only a mechanistic system of rules and regulations. His ideas have inspired the ＂law and literature＂ movement, which has motivated other scholars to analyze the texts of judicial opinions, for example, according to White＇s theories. However, this essay takes White＇s concept of imagining the law and applies it public address and, specifically, to the 1965 ＂Crime and the Great Society＂ speech given by former Los Angeles Police Chief William Parker. Chief Parker＇s address reveals a vision for the City of Los Angeles in which Parker, himself, asks his audience of citizens and civic leaders to share for advancing a specific agenda for law enforcement＇s role in society.     

The impact of economic theories on the law in market relations

The impact of economic theories on legal development, thinking and practice is undeniable. This is particularly true for neo-classical and institutional economics. Neo-classical economics are based on model assumptions of human behaviour such as pursuit of personal advantage, individualistic goals, complete information and at the same time law obedience which are the foundations of the functioning of the market mechanisms. The assumption leads to an almost mystical belief in the self-regulatory power of the market and a strong disdain and disapproval of the State. The concepts of a minimal State and de-regulation of all social relations follow from there. This article argues that model assumptions are valid scientific tools, as long as they are not taken to reflect the real world which is populated by real people that are not necessarily behaving like homines oeconomici. Preaching de-regulation and the dismissal of the State can prove simplistic and even dangerous and may lead to financial and economic crises like the ones witnessed in recent years. Institutional economics part from these empirical findings. They do not question individualism and the pursuit of egoistic objectives of market-participants, but they insist on inherent risks of this mechanism which stems from opportunistic behaviour, lack of information and transparency and the limits of trust. Property economists deduct from there that sustainable and dynamic economic development is unthinkable without well defined property title, the distinction of property and possession and credit securities. These institutions cannot be self-regulatory but need a clear legal frame, in other words rules established by a State. Transaction costs economists understand the danger of opportunistic behaviour and a corresponding systemic lack of trust in the negotiation, conclusion and execution of contracts. They underline the necessity of institutions which are capable of limiting these dangers and thus reducing transaction costs. Institutions may be customs, informal arrangements and formal law. At the end two examples are presented-real estate transactions and post-patriarchal family relations-to test the utility of these considerations.     

Piracy of copyright in Pakistan and its effects

This article analyses the copyright piracy in Pakistan through International Intellectual Property Alliance Reports. Copyright piracy ratio is very high in Pakistan in last fifteen years. The article discusses the piracy situation year wise and its effects on Pakistan economy. In this way, it tries to improve the implementation of intellectual property rights. In the end, the article recommends some suggestions to improve the enforcement situation in Pakistan.     

Factors affecting women＇s participation in indigenous conflict resolution in Issa and Gurgura Clans of Somali,Eastern Ethiopia

This article tries to explore the factors affecting women＇s participation in indigenous conflict resolution among the Issa and Gurgura clans of Somali ethnic group. It also tries to explore the system of conflict resolution among the Issa and Gurgura clans and women＇s representation in the system. It assesses the role of women in the formation of social capital through marriage and blood relations between the different clans. Women are the primary agent in the formation of social capital between clans or ethnic groups. The paper focuses on some of the important elements of the socio-cultural settings of the study community that are in one way or another related to conflict and indigenous conflict resolution mechanisms. It also examines the positive aspects of marriage practices in the formation of social capital which strengthens friendship and unity instead of enmity.     

＂Common knowledge＂ and the legal construction of race： Constructions of white people through U.S. expansionism,naturalization and immigration law

This article takes as a starting point, key claims from studies of the invention of the human category ＂white＂ during the late Seventeenth Century in Colonial North America： that ＂white＂ reflecting a unique group of humanity was an invention deployed to divide laborers; that white people were by law assigned greater material value and rendered more valuable; and that those who were seen as white were thought to be like the British and believed to be superior to those seen as nonwhite. Each of these claims will be briefly reviewed. Building upon the foundation of whiteness studies in law and history, this article explores what Ian F. Haney Lopez identifies as the ＂common knowledge＂ of race, the legal standard established within naturalization prerequisite cases in order to determine whether one was racially ＂white＂ by law. This article works to bridge the ideas revealed through studies of the invention of white people within Colonial North America and this legal standard that emerged in the 1920s. U.S. expansionism, immigration and naturalization law in the Nineteenth and Twentieth Centuries provide critical areas of inquiry for the developing understanding of the ＂common knowledge＂ of race and the role of law in the construction of race.     

Educating adults： The critical role of experiential learni in legal education

For too long, legal educators around the world have treated their students as passive learners, dispensing knowledge either through lectures or through Socratic dialogue with individual students. Studies in adult learning have demonstrated the futility of these passive models in developing within our students the knowledge, skills, and values required to be effective and responsible lawyers. This article therefore describes a very different approach to legal education-an approach that uses experience as the crucible through which to develop the lawyers of tomorrow.     

The South African National Credit Act fails to protect homeowners against various interest rates hikes

Where a credit provider makes a proper financial assessment and finds that the low-income consumer will be able to satisfy in a timely manner all the obligations under all the credit agreements to which the consumer is a party he will in all probability conclude the credit agreement with the consumer. Obviously the affordability assessment made by the credit provider will depend on the prevailing interest rates at the time. There has been several interest rate hikes since June 2006 to December 2008 in South Africa that has had a detrimental impact on low-income home owners. Due to the various interest rate hikes and the prevailing high interest rates many consumers have lost their mortgaged homes. The South African National Credit Act of 2005 has failed to take into its purview cases such as these, and as a consequence there is no sort of consumer protection available for the low-income group who become over-indebted, because of the constant rising interest rates on their mortgage loans.     

Pragmatic relevance/strength of lexico-grammar choices in EU legal documents

The present study focuses on the communicative relevance of lexical choices in the documents of the European Union Committee of the Regions （CoR） and of other related bodies within a pragmalinguistic perspective. The function of the Committee of the Regions is to issue opinions on proposals for Community legislation which are closest to the citizen interests - education, youth, culture, health. It is thus a voice at the heart of the EU which aims at increasing the participation of European regions in community life. Our corpus consists in 100 documents （Proposals and Opinions） whose lexico-grammatical aspects and communicative/ rhetorical strategies are here investigated. Our hypothesis is that such texts aim at creating a holistic we to construe a common ground of interests, within the constraints of legal intercourses, shared by both the sender and the receiver of the messages. Frequently occurring lexical items are： welcome, ensure, strengthen, aid. To stress urgency, generate empathy, emphasize needs and endorse value-positions are the recognizable perlocutionary effects of such semantic/pragmatic choices. Tools for analysis were taken from the domain of pragmalinguistics, from Evaluative/Appraisal Frameworks and, also, from social sciences. Particularly relevant appeared the notion of＇advocacy＇ （i.e., when researchers are asked to use their expertise to defend the subjects＇ interests in healthcare, education, political rights, and cultural autonomy）. This study will provide both qualitative and quantitative data to support our hypothesis, and will offer suggestions for further research.     

Ethical and legal dilemmas surrounding bio-banking

The interaction of medical technology and advancements in human life and biological tissue offers many possibilities and issues, for example the area of assisted conception and the identification and treatment of disease. However, hand-in-hand with these, ethical dilemmas arise. The overarching ethical issue surrounding cryo-preserved embryos is： Should an embryo be accorded the status of ＇life＇ or should it be labeled nothing more than ＇property＇？ This question is the interaction between frozen embryos and divorce, adoption, research and terminal incidents; it is a legal and ethical quagmire that cannot be readily resolved. This issue is of particular moral importance when one contemplates the fact that the scientific definition of life is dealt with on a continuum ranging from the metabolic view to the emergence of self-consciousness. The question must become property versus life or, in essence, sale or destruction of property versus sale or destruction of life. As this paper will show, the underlying attitudes of the progenitors involved in cryogenics can be driven by the darker side of our species; that side being the possible exploitation of those individuals or those capable of becoming individuals for personal and community gain while denying or rationalizing that point of view to society as a whole.     

Constitutional limitations of the privacy framework advanced in Eisenstadt v. Baird and Roe v. Wade

This paper examines the role of framing in advancing a progressive sexual and reproductive rights agenda. U.S. Supreme Court decisions including Griswold v. Connecticu and Eisenstadt v. Baird helped establish legal precedent invoking a ＂privacy framework＂ for subsequent cases including Roe v. Wade （as well as Doe v. Bolton and, more recently, Lawrence v. Texas）. This paper highlights the limitations of the privacy framework while exploring more potentially efficacious frames.     

The freedom of navigation in international law and the utility of international society discourse

In the international law of the sea, the emergence of new actors and systems influencing relations between states has lead to evolving rules and calls for the redefinition of the traditional issues such the allocation of jurisdiction and rights to states in its maritime zones. In the maritime domain, this is seen thrice in the evolution of the various maritime zones in the United Nations Conferences for the Law of the Sea （UNCLOS I, II and III）. In the maritime domain, there are certain actions that are not dependent on any state＇s consent. One of such is the rule of freedom of navigation. This paper, argues for the possibilities of concomitance between international law and studies in international society based on the growing recognition of the importance of examining the sociological and historical element in rule development. This paper focuses on a rule in the international law of the sea with the aim of determining the extent to which norms have caused changes in rule development, if any. This method, known as the English School method of international relations, acknowledges the benefits of international law positivism in highlighting generality with the benefits of a normative discourse in highlighting alternatives and the utility of compliance. So, although the maritime domain is rooted in a state system, one where the parts interact as a whole, a branching-out analysis towards the normative discourse in the development of this rule will facilitate more understanding, as the case-specificity of most issues in the maritime domain cannot be overemphasised.     

Building a new paradigm in law education in term of upholding the rule of law in Indonesia through clinical study

Clinical legal education or CLE is known long enough in Indonesia by establishing Legal Aid Body named Lembaga Bantuan Hukum （LBH）, which aimed to train and prepare student to work in the real world especially in contributing and supporting marginal people （low-income people）. This mission was in line with the rule of law principle, which has characteristic values of supremacy of law, equality before the law, and due process of law. Recently, CLE is linking practical experience and legal theories to provide students with comprehensive understanding of legal aid and its goals, in particular, the implementation of the rule of law in Indonesia.     

Impact of the popular legal participation on forced confessions and wrongful convictions in Japan＇s bureaucratic courtroom： A cross-national analysis in the U.S. and Japan

The interrogation and lengthy detention of the accused by Japan＇s police and prosecutors without access to legal counsel has generated many forced confessions in Japan＇s criminal court. As results, past research estimated that a large number of innocent people have been falsely convicted, and some of them were even executed for crimes they have not committed. Since almost all of indicted cases result in convictions in Japan＇s criminal court, allegations of wrongful convictions have raised serious human rights issues, and the use of forced confessions in criminal proceedings has long been criticized by families of the accused, their attorneys, legal scholars, citizen activists, and international human rights groups. This paper examines whether or not the 2009 introduction of the Saiban-in Saiban （the quasi-jury trial）, where ordinary citizens deliberate together with Japan＇s bureaucratic judges, helps prevent instances of wrongful convictions. As Japan＇s high conviction rate has substantiated that the Japanese court may be another bureaucratic system that is more interested in preserving its own authority and maintaining the status quo, the infusion of non-bureaucratic legal participants into the traditional judicial process may create the potential to alter the nature of trial processes, the quality of deliberations, and thus ultimate outcomes of criminal trials. Based on interviews and survey responses from Japan＇s grand jury （i.e., Kensatsu Shinsa-kai, or prosecutorial review commission （PRC）） participants and American citizens who served in jury trials, the paper explores the ways in which civic participation in criminal processes may affect the quality of legal decision making in Japan＇s criminal court.     

Foster children＇s right to family： A description and analysis of the legislative approach in Sweden

This paper emphasizes the foster children＇s right to family life and investigates whether change of custody and guardianship to foster parents is a successful option to achieve this right. Using CRC as the base for my definition of the right to family I will include the right to continuity, well-being and a family environment in the understanding of the term ＂right to family＂ in this article. These rights may, primarily, be fulfilled by the child＇s parents, and, if necessary for the best interest of the child, be complemented or substituted by foster or adoption parents. The analysis of different solutions concerning state interventions will base on Swedish law. In Sweden, a child in need of help or assistance as a result of abuse, neglect, or other inappropriate behavior in the home setting may be helped by the Social Welfare Committee-voluntarily or by a court order-in the child＇s home or a foster home. Other alternatives contain judicial involvement by changing custody and guardianship or making a decision for adoption. Since many years ago, the most commonly used alternative for children needing long term placements outside their homes in Sweden has become foster care. This development of many long-term placements has been criticized for not fulfilling the needs of the children, especially their needs for family continuity, stability and well-being. As a consequence, an amendment to the Social Services Act 200l was enacted in 2003 which states that the Social Services Committee shall consider the ＂permanence＂ of foster care by changing custody and guardianship to the foster parents three years later since a child starts in foster care, and every six months thereafter, as long as the child remains in the foster parents＇ care. Assuming that the foster parents are fit and willing to become custodians and guardians, and the child views the foster home as his or her home, the District Court can decide to change the custody and the guardianship to the foster parents. The assessment is to be based solely on the best interest of the child, and not on the fitness or wishes of the original custodian. However, can changing the custody and guardianship assist foster children＇s right to family？ This paper elaborates on this question by describing a legal reform in Sweden.     

TRIPS agreement and public health crisis in developing countries： Problems and solutions

While the health crisis in developing world has caused innumerable deaths, the balance between patent protection and public health attracts lots of debates globally. This paper examines the legal background for the access problems of essential drugs in developing countries, evaluates TRIPS agreement and the WTO decisions in theory, argues both patent protection for pharmaceuticals and TRIPS agreement are the genuine causes for the access problem, then attempts to provide some suggestions and evaluations for the possible solutions. Though the development of national pharmaceutical industries, adoption of early working exemptions, compulsory license, parallel import, acquirements of generic drugs and discount drugs, amendments of TRIPS agreement are all beneficial measures, the access problem may only be solved at an international level.     

Cheating in sport： Lithuanian case for legal regulation

Globally much attention is paid to cheating in sports, known as ＂war on performance enhancing drugs＂,＂concern for criminalization＂, ＂eradicating menaces to sport＇s integrity＂ etc. Meanwhile, in Lithuania the legal framework of cheating in sport is quite new and almost every kind of law is theoretically possible, therefore it is important to ascertain the relationship between disciplinary, civil, administrative and criminal law. Two dangerous forms of cheating are chosen to analyze in this work： doping and match-fixing. In conformity with said analysis primary guidelines for potential legal regulation are offered.     

The expression of cultural and religious practice： A constitutional test

Various conventions and national constitutions are differently worded and the interpretation of national constitutions, in particular, reflects different approaches to the concepts of equality and non-discrimination. Different approaches adopted in the different national jurisdictions arise not only from different textual provisions and from different historical circumstances, but also from different jurisprudential and philosophical understanding of equality. The jurisprudence of courts makes clear that the proper reach of the equality right must be determined by reference to the society＇s history and the underlying values of the Constitution. It has been observed that a major constitutional object is the creation of a non-racial and non-sexist egalitarian society underpinned by human dignity, the rule of law, a democratic ethos and human rights. From there emerges a concept of equality that goes beyond mere formal equality and mere non-discrimination which requires identical treatment, whatever the starting point or impact. The question is, how does the state, in limiting religious freedom, conform to the standards of an open and democratic society based on human dignity, equality and freedom？ The hope is that the conclusion of this paper will then be able to be extended to more controversial cases, in particular, involving limits on the right to freedom of expression, culture and belief.     

Mathematical Models for Teenager’s Living Age Evaluation Based on CT Image of Medial Clavicular Epiphysis

Objective To explore the correlation between volume rendering(VR) statistics of medial clavicular epiphysis and living age,and establish the mathematical models for living age evaluation using the CT image of medial clavicular epiphysis based on the growth rules of osteoepiphysis of medial clavicle.Methods The CT images of the medial clavicles from 795 teenagers aged 15-25,387 males and 408 females,were collected in East and South China.VR 3D images were reconstructed from 0.60 mm-thick slice CT images.The epiphyseal diameter,sternal end diameter,and their respective diameter ratio(the left: x 1;the right: x 3);epiphyseal area,sternal end area,and their respective area ratio(the left: x 2;the right: x 4),were measured and calculated.All these observations were analyzed using SPSS 19.0 statistical software.The statistical differences in gender and age were analyzed by Mann-Whitney U test.The mathematical models were established using least square.Sixty trained subjects,30 males and 30 females,were tested to verify the accuracy of the established mathematical models.Results In the group of same age,x 1 showed significant difference in gender;the same results were observed in x 2,x 3,and x 4,which suggested that the growth rules of osteoepiphysis of medial clavicle were highly correlated with living age.The accuracy of these mathematical models were all above 67.6%(±1.0 year) and 78.5%(±1.5 year).Conclusion The mathematical models with reasonable accuracy could be manageable in practice to confirm the conclusion of the atlas method.The current study can contribute to the single skeletal age evaluation.