"Just say no!": the right to refuse psychotropic medication in long-term care facilities

This article examines the rights of patients, particularly incompetent patients, in long-term care facilities to refuse psychotropic medication. In exploring this topic, the author focuses on the provisions of the Omnibus Budget Reconciliation Act of 1987 which was part of a Congressional solution to afford greater protection to residents of long-term care facilities. Because the legislation has not lived up to expectations, the author advocates for further legislative action to protect the dwindling bundle of rights of the elderly.     

关于高校学生评教权问题争论的法理视角

如何看待当前高校的学生评教，人们争论颇多。实际上，问题和分歧的实质并不在于学生是否拥有评教权及如何行使评教权，而在于高校内部利益分配机制是否应该由学生评教而改变，学生在高校利益分配机制中是否有表达的权利、影响的效力。因此，必须从法学分析的范式讨论当前高校的学生评教，对问题才可能有一个正确的认识。     

An economic analysis of the right to a jury trial

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed.… 6th Amendment, US Constitution     

劳务派遣法律制度评析

<劳动合同法>对劳务派遣作了专门规定,建立了劳务派遣法律制度,使劳务派遣进入了法治轨道.但劳务派遣这种新的用工形式,在我国其法律制度尚待成熟和完善.     

An old issue of protecting GIs for culture: a new insight from the experience of India and Bangladesh

This paper aims to reiterate the relatively beneficial role of geographical indication (GI) for its culture based potential. The Trade Related Aspects of Intellectual Property (TRIPs), undermined this aspect by accentuating the trade aspects of GIs. This paper reveals that, GI underpins culture within its concept through the notion terroir. The paper argues that the domestic protection regimes that have been designed in the TRIPs’ paradigm have broadened the scope of culture based justification. For establishing this argument the paper examines the case studies of Darjeeling tea from India and Jamdani from Bangladesh. The paper draws the conclusion that this particular rationale is justifiable in reality.