Mugshots and Motherhood: The Media Semiotics of Vilification in Child Abduction Cases

The Shannon Matthews case was perhaps unique in British criminal history. For a period of several days, a young girl of 9 years of age was missing from home. During this period there was an unprecedented amount of both police and media attention devoted to the case, including TV appeals for her safe return and offers of financial rewards for information leading to her recovery. Ultimately, it emerged that the mother of the child had conspired with the child’s uncle, who had kidnapped her and kept her captive throughout the period of supposed disappearance. This article uses a corpus of newspaper articles gathered from both the period of the search and subsequently the trial of both the mother and the uncle, which resulted in convictions for both. It examines the representations of all of the actors in this scenario, both visual and verbal, in an attempt to elucidate the ideologies inherent in the case and the ways in which the victim and perpetrators were portrayed throughout the dramatic period of her disappearance.     

Chapter 9: Handling Interstate Child Custody Cases Involving Adoption,Parents in the Military,and Domestic Violence

This chapter suggests approaches for handling the complex jurisdictional issues that arise in interstate child custody cases involving adoptions, parents in the military, and domestic violence.     

建立国际统一的管辖权和判决承认与执行制度--海牙《选择法院协议公约》述评

海牙国际私法会议于2005年6月所通过的<选择法院协议公约>系迄今为止国际社会在法院管辖权和外国法院判决承认和执行方面意义最为深远的一个公约.本文首先介绍了本文公约产生的背景以及公约的结构.之后,作者就公约中关于统一管辖权的规定进行了较为详细的评述被选择法院行使管辖权的权利和应该行使管辖权的义务、未被选择法院不行使管辖权的义务以及临时保护措施不受公约约束的例外规定.关于公约中所规定的外国法院判决的承认与执行制度作者从六个方面进行了探讨承认与执行外国判决的一般义务、承认与执行外国判决的例外情形、不审查与事实认定、先决问题、损害赔偿问题以及承认和执行外国判决的法律适用问题.     

我国刑事案件“异地管辖”模式探析

刑事案件的异地管辖模式突破了刑事诉讼法对本地管辖的原则性规定,改由异地侦查、起诉或者审判机关实施管辖,目的在于消除本地侦查、起诉或者审判对案件审理公正性的不良影响,从而实现刑事诉讼实体公正和程序公正的双重目的。2012年刑事诉讼法第四十二条第二款在关于辩护人涉嫌犯罪案件的侦查机关的选择上明确规定由异地侦查机关实施侦查,开创了我国刑事诉讼领域对异地管辖模式的首次明确规定。但是,我国刑事诉讼法并未针对异地管辖模式在其他种类案件的适用方面做出原则性、一般性的规定,各地的司法实践标准不一致。同时,异地管辖模式的实施伴随着司法成本的提高、诉讼效率的降低和公民旁听权的侵害等等问题。因此,异地管辖模式必然在未来的司法实践过程中面临着进一步的改革与完善。     

从技术到情感：刑民交叉案件管辖

司法与戏剧都是以台上表演、宣讲台词的形式来表达人性化的情感。司法入口的刑民二分法与司法过程的逻辑三段论一样都不能排除情感因素作用。刑民交叉案件很显然是在严格刑民二分观点透视下的模糊和边缘地带。遵循司法制度的合成理论和司法过程的辩证理论，反映世界潮流，体现司法民主，切合和谐主题，采“超越极端，回归情感”的思路，为积极回应和适时流转当事人诉求，把刑民交叉案件管辖的一些历史沉淀和实践探索的边缘性制度逐步固定下来，从而增加现行制度的弹性和适应力。从本质上说，以情取胜而不是以力服人也是司法和竞技的主要差别。     

Chapter 8: Enforcing Child Custody Determinations under the UCCJA and the PKPA

This chapter explains the duties to enforce child custody determinations made by another state consistently with the UCCJA and PKPA. (Enforcement of foreign custody decrees is the subject of Chapter 10).     

Chapter 10: International Child Custody and Abduction Cases

This chapter will familiarize judges in the U.S. with the state and federal law applicable to international child custody, visitation and abduction disputes. These laws are UCCJA s? 23, the Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention), and the International Child Abduction Remedies Act (ICARA). When a custody order from a foreign country is presented for recognition and enforcement, UCCJA § 23 controls. If notice and opportunity to be heard were given to all affected persons, state courts are to enforce foreign custody decrees. When a petition is filed seeking the prompt return of a child to another country based on allegations that the child's removal or retention was wrongful, the Hague Convention and ICARA govern. If the child's removal or retention is wrongful within the meaning of the Convention, and no exceptions to return are proved, a court in the U.S. must order the child's return forthwith. A return order is not a decision on the merits of custody.     

Intersecting Issues Involving Asylum in the United States and Cases Arising Under the 1980 Hague Convention on the Civil Aspects of International Child Abduction

The issue of immigration status has become the focal point in some cases arising under the 1980 Hague Convention on Child Abduction. Asylum claims affect both substantive and procedural issues that are presented to state and federal courts. A nexus has developed between undocumented immigrants who are parties to a Hague case, and issues of habitual residence, acclimatization, and grave risk. Asylum claims have forced courts to consider the viability of such claims, requests for stay of Hague cases pending the outcome of asylum claims, the likelihood of deportation, and the effect of grants of asylum on the particular issues in the case. Where asylum has been granted to either a parent or child, substantial consideration has been given to the asylum determination by the court hearing the Hague case.     

The Hague Convention on Jurisdiction and Judgments: The Way Forward

This article analyses the proposed Hague Convention on Jurisdiction and Judgments, which has been the subject of lengthy and ongoing negotiations. The issues that continue to divide the parties centre on differences between approaches to jurisdiction broadly similar to those used in Europe, and the approach used in the United States. The most comprehensive draft of the Hague Convention starts from a European approach, but makes a number of concessions to the US approach. The United States has rejected this draft, and the parties appear to have accepted this rejection and are now discussing whether a narrower convention can be drafted upon which the parties can reach consensus.
The article argues that the broad draft convention was a sound one, that it made all of the concessions to the US approach that were warranted, and that the goal of harmonising world approaches to jurisdiction in civil cases would be better promoted by adopting the broader convention, if necessary without the participation of the United States.     

A transactional approach to the Hague Securities Convention

The first 150 words of the full text of this article appear below. Key points

• Transactions involving intermediated securities –ie securities that are held in an account with a broker, bank,clearing agency or other intermediary – demand a highdegree of ex ante legal certainty. However, for intermediatedsecurities accounts and transactions that reach across bordersas is increasingly prevalent, the traditional conflicts of lawrules for many of the most important commercial law issues failto provide this certainty.
• The Hague Securities Conventionprovides a modern and practical approach for determining theapplicable law. In most cases, the express terms of the agreementbetween the applicable account holder and its intermediary willbe determinative, including as against third parties, providedthat at the time of the agreement the intermediary is engagedin the business of maintaining securities accounts in the specifiedjurisdiction. The Convention is expected to be ratified in somenations fairly soon.
• Once the Convention becomes effective,it . . . [Full Text of this Article]