Bureaucrats and Indians in a Contemporary Colonial Encounter

This article investigates the effects of the National Environmental Policy Act of 1969 in structuring an encounter over a decision about building a dam in central Arizona. From the vantage point of three groups with deepinvestments in the outcome of this decision, it analyzes how the interests and identities of these parties were transformed as a result of this encounter. In defining standing and the terms of relevance, in providing a political forum, and in requiring these groups to explain themselves to others, this law powerfully mediated the politics surrounding this controversial decision.     

Violence against Women in Scandinavia: a Description and Evaluation of two new Laws Aiming to Protect Women

Violence against women by a present or former male partner has over the last decade been given a higher priority in the political discussion in all of the Scandinavian countries. Increasingly, violence in intimate relationships is viewed as a public rather than a private matter in these countries. With this change in attitudes and levels of political interest, higher expectations are placed on official authorities, including the criminal justice system, to deal actively with this social problem. In all of the Scandinavian countries it may, for example, be decided by a prosecutor that a woman should be protected from a man by issuing a restraining order. Moreover, a new offence called ‘gross violation of a woman's integrity’ was introduced into the Swedish penal code in 1998. With this offence, less serious but repeated violent acts committed by a man against a present or former female partner are to be judged as one serious offence. The stipulated sanction for this offence is imprisonment between 6 months and 6 years. The purpose of this article is to evaluate how the police, the prosecutors and the courts deal with this new offence. The article also present results from an evaluation of restraining orders in Sweden.     

Medical devices; obstetrical and gynecological devices; classification of the breast lesion documentation system. Final rule

The Food and Drug Administration (FDA) is classifying the breast lesion documentation system into class II (special controls). The special controls that will apply to this device are discussed later in this document. The agency is taking this action in response to a petition submitted under the Federal Food, Drug, and Cosmetic Act (the act) as amended by the Medical Device Amendments of 1976 (the amendments), the Safe Medical Devices Act of 1990, and the Food and Drug Administration Modernization Act of 1997 (FDAMA). The agency is classifying this device into class II (special controls) in order to provide a reasonable assurance of safety and effectiveness of the device. Elsewhere in this issue of the Federal Register, FDA is publishing a notice of availability of a guidance document that is the special control for this device.     

论子女最佳利益原则

子女最佳利益原则已发展成为各国家庭法在处理父母离婚后子女监护案件时的最高准则。虽然该原则其概念本身含有不确定性 ,具有多种可以不同明确表达的空间 ,但采用该原则的世界各国仍致力于列出若干决定子女最佳利益的具体准则。本文作者主张我国婚姻法应引进“子女最佳利益”原则作为处理子女监护问题时的最高指导原则 ,摒弃父母权利本位思想     

Does Co‐Regulation Strengthen EU Legitimacy?

Abstract:  Within the Better Regulation programme of the EU, co-regulation is promoted as an important strategy to improve the regulatory environment within Europe. It is assumed that co-regulation can enhance the legitimacy of EU governance in the field where this strategy is used. The purpose of this article is to assess the truth of this premise and to analyse whether co-regulation strengthens the legitimacy of EU governance. To this end, the criteria of input and output legitimacy are applied to the European social dialogue as a form of co-regulation in the EU policy area of social law. In this article, a link is made between the tendency to prescribe co-regulation as a specific regulatory strategy in EU legislative policy and the existing knowledge on the purposes and effects of co-regulation and the conditions under which co-regulation can function as a regulation strategy.     

Mental health law and the EU: the next new regulatory frontier?

Over the last decade the EU's engagement with health law and policy has rapidly increased and there is now a growing body of literature highlighting this evolution and the impact of legal and regulatory structures in this area. In contrast the specific impact of EU law and policy in relation to the area of mental health remains the subject of comparatively little engagement. The aim of this paper is to examine whether mental health law and policy will become a major site for EU policy and law in the future. It examines the development of EU policy in this area. It sets this in the context of related legal developments such as the Charter of Fundamental Rights and the new EU Patients Rights Directives. It suggests that while it might be at present premature to envisage that a single body of EU mental health law itself may be unlikely that nonetheless the EU presents what is a potentially very influential site for regulation, law and policy in this area in the years to come.     

The different types of reports produced in digital forensic investigations

The importance of ensuring the results of any digital forensic (DF) examination are effectively communicated cannot be understated. In most cases, this communication will be done via written report, yet despite this there is arguably limited best practice guidance available which is specific for this field in regards to report construction. Poor reporting practices in DF are likely to undermine the reliability of evidence provided across this field, where there is a need for formalised guidance regarding the requirements for effective DF report construction; this should not be a task left solely to each individual practitioner to determine without instruction. For this, the field of DF should look to the wider forensic community and the existing work in this area for support. In line with many other ‘traditional’ forensic science types, a DF practitioner can be commissioned to report in one of three ways - ‘technical’, ‘investigative’ or ‘evaluative’, where each reporting type maintains a specific purpose and interpretative-context, determined by the examination workflow undertaken by a practitioner following client instruction. This work draws upon guidance set out in fundamental forensic science reporting literature in order to describe each reporting type in turn, outlining their scope, content and construction requirements in an attempt to provide support for the DF field.     

Postmodern Jurisprudence: Contesting Genres

It has become a common place of contemporary legal theory, particularly postmodernist legal theory, to reject modernist jurisprudence’s assumption of law’s disciplinary autonomy. Within this enthusiasm for interdisciplinary approaches to law, what is less common is detailed analysis of precisely how interdisciplinarity is figured, rhetorically and epistemologically, in the discourse of contemporary legal theory. It is with a view to detailed analysis of this kind that this paper emerges. Its aim is to explore in detail how interdisciplinarity might be figured, and with what consequences, in the jurisprudence of postmodernity. The particular site of this exploration will be Costas Douzinas and Ronnie Warrington with Shaun McVeigh’s Postmodern Jurisprudence: the Law of Text in the Texts of law. Published in 1991, this text remains widely influential – it has become a contemporary classic in its genre. It is not the intention of this paper, however, to represent this text as exemplary. Rather, this paper intends to read this text in its particularity, to focus on its particular vision of postmodern jurisprudence. Specifically, this paper argues that Postmodern Jurisprudence figures interdisciplinarity in terms of genre; and that this understanding of interdisciplinarity is problematised by the unacknowledged contradictions between the different conceptions of genre – one associated with Jacques Derrida and the other associated with Jean-François Lyotard – which the text invokes. This paper argues that the project of postmodern jurisprudence – as title and as label – appears rather differently if it is imagined, on the one hand (following Derrida) according to the logic of the passe-partout and, on the other hand (following Lyotard), according to the logic of the differend. The paper concludes that this internal tension should at least give us pause for thought when approaching the complex phenomenon of interdisciplinarity in postmodern legal scholarship more generally.     

Fatal rupture of hepatic adenomatosis: Autopsy case and review of the literature

Hepatic adenomatosis is a rare disease consisting of multiple adenomas in otherwise-normal liver parenchyma. Though the discovery of this entity goes back several years, its diagnosis is still challenging in terms of its definition and pathophysiology. Clinically, patients may be completely asymptomatic and the diagnosis is only made incidentally through imaging tests. The discovery could be made when complications occur such as intraperitoneal hemorrhage with hypovolemic shock due to the rupture of an adenoma. We report a fatal case of a ruptured adenoma in a case of hepatic adenomatosis discovered at autopsy. In order to achieve a better view of this disease, we conducted a literature review on this subject describing the pathogenesis, manifestations, and autopsy contribution to addressing this entity.     

Accidental ligature strangulation due to a roller-type massage device

A case is reported in which a woman was accidentally strangled when her blouse became entangled in a roller-type electric massage device that she was using to massage the back of her neck. Accidental strangulation in adults, outside of the workplace, is uncommon, and to our knowledge this is the first reported case of a strangulation due to this type of device. The findings of this interesting and unusual case are presented.     

Training for Cultural Production and Management in Brazil

This article aims to contribute to the field of arts management by identifying the need to make cultural production/management an established field of professional practice and training in Brazil, and the challenges of doing so. To accomplish this, we reviewed several publications and we present first a discourse on theoretical texts in relation to the idea of culture and systems of cultural production and then an analysis of arts management publications in Brazil with observations about this field of work. In this article, we address the current paucity of training opportunities of this kind, the extent to which these roles have yet to be professionalized, and indicate, in the conclusion, that this is a matter of increasing importance and concern for cultural policy in Brazil.     

The idea of a Southern Criminology

Southern Criminology is a theoretical perspective that shifts the focus from the state criminal justice process to global inequalities, transnational crime, and postcolonial politics. While recognising the importance of this shift in perspective for a globalising world, this paper asks two difficult questions. Firstly, how easy is it to generalise about whole regions of the world in advancing a political viewpoint? Secondly, is it possible for those in the West to imagine an alternative global criminology, if non-Western societies really do have different cultural values and epistemologies? For example, how should we respond to traditional practices among Indigenous Australians or a Confucian understanding of crime? These questions may make a Southern Criminology sound impossible in the same way as other varieties of critical theory. But this paper is intended to strengthen this emerging movement by acknowledging, and working through, potential difficulties.     

“The big sleep: Elucidating the sequence of events in the first hours of death to determine the postmortem interval”

Recent developments on postmortem interval estimation (PMI) take an advantage of the autolysis process, pointing out to the analysis of the expression of apoptosis and autophagy genes towards this purpose. Oxidative stress plays a role in this signaling as a regulatory mechanism and/or as a consequence of cell death. Additionally, melatonin has been implicated on apoptosis and autophagy signaling, making melatonin a suitable target for PMI determination. The aim of this study was to investigate the early PMI through the analysis of the expression of autophagy genes as well as oxidative stress and melatonin receptor. Our results demonstrated a rapidly increased on the expression of autophagy genes according to the expected sequence of events, then a marked decrease in this expression, matched with the switch to the apoptosis signaling. These results revealed potential candidates to analyze the PMI in the first hours of death, helping to estimate the time-since-death.     

创设船舶预告登记制度之探讨

结合民法物权预告登记的基本原理,针对海商法领域尚未制定船舶预告登记制度的欠缺,本文从理论和实践两个方面探讨了我国确立船舶预告登记制度之必要性,并对该制度的适用范围做了初步性的探讨,提出了笔者自己的观点。     

The power of advancement and charitable donations

Can the discharge by a trustee of a beneficiary's moral obligationconstitute a benefit? The answer to this question was fundamentalto an application to the High Court in London by trustees fordirections of whether they could exercise a power of appointmentunder a trust deed and release a substantial part of the trustcapital to the life tenant who wanted to devote the money tocharitable causes. In principle the court decided that the exercise of the relevantpower in this way could be taken as being of benefit for thebeneficiary but, under the circumstances of this case, the intendeduse of the funds could not properly be said to be for her benefit. Under a marriage settlement, created in 1964, the trust deedgave the trustees a general     

中国股份公司法定代表人制度的存废

中国股份公司法定代表人制度在世界范围内很独特。从起源和定型过程上考察,可以发现它和中国传统的国有经济制度有密切的联系。依据对其中几个具体理论问题的分析以及对该制度目前运行实际效果的判断,笔者认为它已经不适应中国股份公司当前的发展和对现代化公司治理的要求,应予废除。基于以上结论,并借鉴德国对股份公司代表人制度的规定,笔者提出了对中国《公司法》相应内容的修改建议。     

从信息法角度评《欧洲版权准则》

《欧洲版权准则》是由欧洲数名顶尖版权专家耗费8年时间于2010年完成的。制订这个准则的目的是增强欧洲版权法的透明度和一致性。起草者希望这部准则作为欧洲各国版权立法的参考和示范，能够协调和统一欧洲未来版权立法的标准。但是，这个准则在学术界并没有得到应有的重视。当前从信息法角度，结合信息技术的发展及我国版权立法和司法实践，对这部法律文件的特点、优点和不足进行分析，着重对网络环境下版权制度的变革和发展，做出评价和展望十分必要。     

打击报复证人罪若干问题新解

打击报复证人罪应当被定义为:是指对在诉讼中提供于己不利证言的证人实施侵害其合法权益的行为。本罪中所言“证人”,不应仅限于刑事案件中的证人;本罪中的“证人”与诉讼法相关条文中规定的“证人”的含义是一致的,举报人并不必然属于证人;本罪的行为基本方式包括不作为;本罪发生的时间段是诉讼活动开始以后的任何时间;本罪的罪过形式是直接故意。在本罪的认定上,应当注意本罪与报复陷害罪、妨害作证罪之区分,并正确处理本罪的罪数问题。