Epistemic othering: the interplay of knowledges in legislative drafting

In this article, we use the concept of epistemic othering to describe the subjectivation of people who experience debt problems in the legislative drafting process, and argue that the evidence-based policy paradigm, together with its participatory dimension, produce a potentially harmful subject position for people who are considered vulnerable and irrational. By analysing the preparatory material of Finnish interest rate cap laws, we explore what is constructed as rational and possible in the legislative process, and how these modalities frame the use of expert knowledge. We argue that what is considered rational is constructed in terms of market logic, and what is construed as possible is heavily framed by law-as-knowledge. Together, market logic and law-as-knowledge form the preconditions for the use of expert knowledge. Ultimately, the way in which these three types of knowledge interact contributes to the epistemic othering of people who experience debt problems.     

Ten years in the life of an expert witness

American Courts are experiencing increased use of expert testimony based upon psychological research. Ten years ago, I began testifying about my own research on human perception, recollection, and eyewitness accounts. The growing acceptance of this testimony percipitated a backlash from some psychologists. This essay describes the chronology of these events, and their relevance for the more general use of psychological research as evidence in court.     

Ten years after Daubert: the status of the states

This paper examines how many of the states have changed their respective scientific-evidence admissibility standards under the influence of the United States Supreme Court's 1993 Daubert decision. The authors offer a definition of what constitutes a Daubert state, and using this definition classify the fifty states into three categories. These are: Frye states (15 states, 10 with codified evidence rules patterned after the Federal Rules of Evidence (FRE)); Daubert states (26 states, 24 with FRE-based rules), and non-Frye/non-Daubert states (9 states, 7 with FRE-based rules). The authors discuss how the reliability requirement varies among the non-Frye states, and examine how particular types of evidence have fared in the Daubert era. Finally, the authors offer some predictions for the scientific evidence trends of the states.     

Legal education in the training of health professionals in Ghana: the need for legislative and curricular reforms

The present paper critically analyses the essence of legal education in the training of medical professionals in Ghana. It argues that health professionals lack the requisite knowledge in law, especially the legal implications of medical malpractice, and calls for legislative and curricular reforms in institutions engaged in the training of health professionals to reflect a legal education component. The authors opine that the basic medical law curriculum should be focused on the kinds of legal problems that physicians encounter most frequently in practice rather than on sensational cases. The authors are of the view that the curriculum should address the clarification of central concepts in law, the ability to apply the concepts, decision‐making procedures, acquisition of legal knowledge in tortuous and criminal matters relevant to the medical profession. This view sets objectives for teaching medical law to medical students and young doctors.     

The convention on biological diversity: Ten years on and the strategic plan

Abstract

The Conference of the Parties to the Convention on Biological Diversity (Convention) has taken 114 decisions and launched programmes of work to address five biome‐based themes and thirteen cross‐cutting issues. The challenge for the Convention now is to demonstrate, through action and deed, that it is an effective vehicle for implementing this policy. In response to this challenge, the Conference of the Parties at its fifth meeting, in May 2000, decided to initiate a process to develop a Strategic Plan for the Convention that would provide an important mechanism for the implementation of this policy. This Note, which is an abridged version of document UNEP/CBD/MSP/2, has been prepared to assist participants in this Conference to provide more focused suggestions for the development of the Strategic Plan for the Convention.     

The wonderful world of patent drafting

To anyone involved in patent litigation, it is clear that thetask of drafting is not for the faint-hearted. Those who draftpatents are acutely aware of the pitfalls which await theirclients following even a mere slip of the pen. This commentator,who is daily involved in the pre-filing review and prosecutionof patents and, alongside clients, assisting lawyers in manycountries with patent litigation,     

Garner plus five years: An examination of Supreme Court intervention into police discretion and legislative prerogatives

This paper examines legislative changes, state attorney general activities, and early federal case law following the 1985 United States Supreme Court holding inTennessee v. Gamer that laws authorizing police use of deadly force to apprehend fleeing, unarmed, non-violent felony suspects violated the Fourth Amendment. Only four of the 23 states apparently affected by this decision have brought their statutes into line with it. Only two of the attorneys general in the remaining 19 states have advised police of the decision. These findings indicate that control of police discretion in use of deadly force has been assumed by police administrators, and that criminal law definitions and the legal advice of attorneys general are largely irrelevant to effective control of police behavior     

Ten years of "body packers" in New York City: 50 deaths

We reviewed all 50 body packer deaths in New York City from 1990 to 2001. The majority (37/50) of deaths were caused by acute intoxications due to open or leaking drug packets in the gastrointestinal tract. The number of packets recovered ranged from 1 to 111 (average 46). The weight of the combined packets ranged from 9.4 to 1,200 g (average of 377). The age ranged from 19 to 57 years (mean 37.1). The decedents were: 82% male, 66% Hispanic, 24% Black, and 10% White. The manners of death were 47 accidents, 1 homicide, 1 natural, and 1 undetermined. The causes of death included 42 acute intoxications, 5 intestinal obstructions/bowel perforations, 1 gunshot wound, 1 intracerebral hemorrhage due to hypertensive disease, and 1 undetermined. Of the 50 decedents, 42 were transporting opiates, 4 cocaine, and 4 both opiates and cocaine. There were 9 deaths from 1990-1995 and 41 from 1996-2001. Of the 41 deaths between 1996 and 2001, only 6 involved cocaine. In New York City there has been an increase in body packer deaths from the early 1990s to the late 1990s. Along with this increase is a marked predominance of opiate body packer deaths with few cocaine deaths.     

浅析腐败犯罪刑事追诉程序的立法完善

2003年10月31日,第58届联合国大会审议通过了《联合国反腐败公约》(以下简称《公约)》。我国参加了《公约》的起草和谈判的全过程,并于2003年12月10日签署了该《公约》。作为《公约》的缔约国,目前的当务之急是认真研究《公约》的内容,迎接《公约》给我国反腐败法律机制所带来的挑战,为《公约》的实施及时做好必要的法律准备。     

Discriminatory decision making at the legislative level

This paper is an analysis of the Comprehensive Drug Abuse Prevention and Control Act of 1970. Consistent with value-conflict perspectives, previous research on the social origins of drug legislation suggests that coercive laws occur when the behavior of minority and other subordinate groups become threatening. Liberalizing drug legislation is enacted when the interests of dominant groups seem juxtaposed to existing punitive legislation. The present analysis explores the process of legislative decision making when both subordinateand superordinate groups engage in drug-related behaviors which run counter to dominant norms and values. To do so, a detailed analysis of the congressional committee hearings and floor debates which preceded enactment of the 1970 Act was conducted. This analysis revealed that Congress did not pass a strictly coercive drug control policy at the risk of stigmatizing superordinate groups. Nor did it choose to liberalize drug penalties across the board. Congress perceived that strictly liberal policies might undermine both the instrumental goal of reducing illicit drug activity, and the symbolic goal of expressing general societal disapproval of illicit drug use. Instead, the legislation that emerged from congressional debates contained both liberal and coercive provisions reflecting the requirements of dealing with two targeted populations: young middle and upper class white drug users who became identified as victims of drug traffickers; and large-scale and professional drug dealers who became identified as enemy deviants—the true source and symbol of the drug problem. Liberal, and essentially discriminatory, provisions permitted the protection of the former from stigmatization as criminal felons. Coercive, but apparently nondiscriminatory, provisions provided the threat and potential for severe punishment of the latter. The discriminatory features of the 1970 Act are identified and explicated. And, the implications of the Act's provisions for race- or class-based decisions in the application of sanctions are discussed.     

司法鉴定立法权属初探

司法鉴定立法权属如何界定,是直接影响司法鉴定立法的关键问题.文章从现行法津规定、法学理论、司法实践等角度对司法鉴定的实质进行了分析,提出司法鉴定除启动、采信属诉讼制度外,鉴定活动、鉴定机构、鉴定人的管理就是行政职能范畴,地方可以通过立法对面向社会服务司法鉴定进行规范.     

The legislative choice on the right of priority

The right of priority, or preemption, is the security interest of priority claim enjoyed by the creditor to the ordinary or particular properties of the debtor provided directly by law. It can be distinguished clearly from similar rights and can be stipulated in the Law on Property Rights. The right of priority falls into the category of security interests. Though it differs from the guaranteed security interest or lien, the right of priority, taking the property as its object, the guarantee of the performance of particular creditor’s right as its aims, possesses the basic characteristics of the security interests. Thus, such a rule shall be stipulated in the Law of Property Right. The right of priority is instituted directly by the law in consideration of the social legislative policies. Such considerations are necessary to the realization of social fairness and justice and the protection of public interests and social welfare. From the perspective of legislative polices and techniques, it is more reasonable to institute the right of priority in the Law of Property Right than resort to other replacing rules in order to secure particular creditor’s right. Instituting the right of priority in legislation will not increase the risk of deals; on the contrary, it will help the parties concerned foresee risks. Therefore, it helps safeguard the safety of the deals.     

The study of legislative committees*

ABSTRACT

Proving that legislative committees really matter is not simple. The assembled papers aim to demonstrate fruitful paths to analysing when committees influence policy, what they can and should do, and how to detect their importance to the political process.