THE AVAILABILITY OF LAW

This article explores the practical skills that agents in the Massachusetts Attorney General's Office of Consumer Protection develop to accomplish their mandated objectives. In the situational structure and processes of discretionary decision making, we find a persistent surplus of enforcement capacity. Although the consumer protection law establishes a variety of sanctions and legal procedures to be used in enforcing the statute, agents frequently invoke infractions of other laws in the course of resolving consumer complaints. They have this flexibility only because laws, in general, are imperfectly enforced. This leaves scope in a particular situation for the invocation of a wide variety of potential violations of, for example, safety and building codes, zoning or license rules, and tax laws, all remotely if at all related to consumer protection. This article demonstrates the skill with which consumer protection officials exercise this discretion and argues that an adequate conception of the role of law ought to take account of the different ways in which law enforcement agents draw from this reservoir of un-enforced law.     

THE MARRIAGE LAW OF THE PEOPLE'S REPUBLIC OF CHINA

This article describes the Chinese laws of marriage and divorce under the People's Republic of China and traces their historical antecedents. The actual laws are included at the end of the article in the appendixes. Fascinating changes are occurring in China and are documented in this article.     

IMAGINING THE LAW: COMMON LAW AND THE FOUNDATIONS OF THE AMERICAN LEGAL SYSTEM

Now Doniger paced, using Kramer as an audience of one, "We are all ruled by the past, although no on understands it. No one recognizes the power of the past" he said, with a sweep of his hand.
"But if you think about it, the past has always been more important than the present. The present is like a coral island that sticks above the water, but is built upon millions of dead corals under the surface, that no one sees. In the same way, our everyday world is built upon millions and millions of events and decisions that occurred in the past. And what we add in the present is trivial.     

THE CONTAGIOUS NATURE OF ANTISOCIAL BEHAVIOR

Attention is called to several recently advanced lines of evidence underscoring the role of contagion in antisocial behavior. One line of evidence consists of findings that the onset of antisocial behavior in one sibling increases the risk to other siblings. A second line of evidence shows that the tendency of monozygotic twins to be more concordant for antisocial behavior than dizygotic twins can be explained by contagion as well as heredity. In addition, there are differences in prevalence between same-sexed and opposite-sexed twins that contagion can explain, but heredity cannot, at least not without numerous ad hoc auxiliary suppositions. Third, behavioral contagion is also able to explain, and very precisely, the temporal course of aggregate delinquency through adolescence. Fourth, evidence has been presented that antisocial behavior is an equilibrial phenomenon, that is, that it depends on a balance between antisocial and prosocial forces, a balance (or imbalance) that would explain the sudden leaps and falls that crime statistics sometimes take. Finally, programs to combat drug use are often modestly successful and almost all such programs presuppose that drug use is contagious. The paper closes with two sections on the implications of these findings, first for theory and research and then for policy and practice.     

THE POTENTIAL OF THE FAMILY LAW EDUCATION REFORM PROJECT FOR FAMILY LAWYERS1

Family lawyers are major beneficiaries of the reforms set out in the Family Law Education Reform Project (FLER) Report. This commentary from a veteran family law practitioner explores the needs of the family law bar for the training of law students in practical, interdisciplinary, client‐centered lawyering that goes beyond the traditional case method. I trace many of the current innovations evolving in family law practice and how FLER reforms will not only benefit law schools but also have a major impact in the courts and private practice sector.     

THE LEGITIMACY OF RACE AS VARIABLE IN THE DELIBERATIONS OF INSTITUTIONAL REVIEW BOARDS

This paper investigates the issue of race as a variable in research ethics and the extent to which it is morally appropriate to regard the race of research subjects as a relevant factor for research outcomes. The author analyses the challenges posed to deliberation in Institutional Review Boards （IRB ＇s） on this matter. The first part of the paper consists of a conceptual analysis of the notion of deliberation, drawing on the work of Elster, Habermas, Rawls, Gambetta and others. Special attention is paid to the dialogical structure of deliberation and the complexities attached to the notion of race, as a social construct. Arguments in favour and against the proposal that race is a valid variable in biomedical research are systematically distinguished. The author comes to the conclusion, based on an extensive literature review, that race sometimes has to be taken into consideration, subject to clearly stated qualifications. In conclusion it is argued that deliberation, especially about such a controversial notion such as race should not be expected to yield definitive truths. The most we can expect is a series of （hopefully） progressive settlements that represent provisional beacons of insight on which we can draw in future conversations. Race represents a field of tension and contestation that will inevitably continue to permeate interpersonal contact and social relations for the foreseeable future.