The good, the bad, the ugly, and the Colombian peace plan

Among the many wars thatColombia is fighting, there are two that itis definitely losing – those forgovernment legitimacy and against poverty.Although the country has always shown anearly infinite capacity to turn itselfaround, its traditionally praised democracyshows fresh signs of erosion that lookalmost impossible to reverse. With solidinstitutions no longer standing, theguerrillas, the paramilitary, the corruptjustice system, and the drug producerscontinue to thrive like perennial weeds.Massacres, bombings, kidnappings and thedestruction of infrastructure continue toproduce a devastating effect on theColombian psyche. The good, the bad and theugly mix together in a pitiable realismbetween civil society and state. Theoutcome is poverty, dissatisfaction, andlack of legitimacy and hope.     

用益物权与所有权关系辨析

用益物权与所有权分别属于物权法中的他物权与自物权 ,因此 ,两者之间存在着十分密切的联系。正确认识两者的关系 ,是物权法理论的一个十分重要的问题。从用益物权与所有权的关系上说 ,用益物权是以所有权为基础而产生的权利 ,是所有权行使的一种方式 ,是对所有权的一种限制。     

提单权利善意取得构成要件的法律分析

立足于提单权利善意取得的特殊性,结合普通动产及票据权利善意取得的既有理论,对提单权利善意取得的存在依据、构成要件等基本问题展开分析。     

The good,the bad,and the (sometimes) ugly truths: American penal goals and perspectives

Conclusion Identifying correctional objectives and evaluative criteria is essential to facilitating smooth operational functioning of the correctional system. Complicating this necessity is the tremendous growth and responsibilities of the correctional system as budgets continue to suffer reductions or stagnations. Traditional evaluative studies producing valuable insights, have yet to, for the most part, move beyond recidivism and incarceration rates as performance indicators. This is due mostly to the fact that criminal justicians — scholars and practitioners — and the general public lack consensus regarding correctional goals. Instead, what we are experiencing is an ambivalence placing an unfair burden upon the correctional system to create and maintain effective rehabilitative programs, devise punitive strategies, and fulfill these countervailing missions with decreased financial resources than in the past (relative to case load). To be sure, wardens and correctional administrators are called upon today to do more with drastically fewer dollars. The correctional system, we argue, given its unique task of incapacitating people, demands that scholars, practitioners, and policymakers combine efforts to develop correctional goals. These goals once defined, however, are not to become fixed static categories. Instead, they must remain flexible and imitate or adapt to social and cultural conditions, which is not to say merely reflect public opinion. Rather, correctional goals must consider legal, normative, and other structural changes affecting the correctional system — as many scholars recognize these variables having greater impact on incarceration (see Christie, 2000; Dilulio, 1993; Garland, 2001). This joint effort should take advantage of research-based knowledge and examples of best practices to identify the good aspects, weed out the bad, and eliminate the ugly in the U.S. penal system. An earlier version of this paper was presented by the first author as part of the Presidential Address to the Southern Criminal Justice Association, September 24, 2003 in Nashville, Tennessee.     

The good, the bad, and the ugly: how the due process clause may limit comprehensive health care reform

This article examines atopic which has receivedlittle attention from the media or other scholarly publications: The due process concerns that arise when engaging in comprehensive federal health care reform and regulation. First, the article provides a background discussion detailing the factors necessitating health care reform in the United States. Second, it analyzes whether a constitutionally protected right to make personal health care decisions exists under the Fifth and Fourteenth Amendments' Due Process Clauses. Finally, the article analyzes the susceptibility of government-sponsored health care-specifically proposals which include a public option-to due process challenges and makes suggestions to avoid any potential fundamental rights violations.