REVIEWS

Book reviewed in this article: Loraine Gelsthorpe, Sexism and the Female Offender Stephen B. Goldberg, Eric D. Green and Frank E.A. Sander, Dispute Resolution Chris Reed (ed), Computer Law Colin Bourn and John Whitmore, Discrimination and Equal Pay Robert Alexy, A Theory of Legal Argumentation: The Theory of Rational Discourse as Theory of Legal Justification Victor-Yves Ghebali, The International Labour Organisation. A Case Study on the Evolution of UN Specialised Agencies     

REVIEWS

The New Politics of Human Rights. By James Avery Joyce. Law as Rule and Principle. By Theodore M. Benditt. Values in Law. By Stig Jorgensen. Law and Society: Readings in the Sociology of Law. Edited by Colin Campbell and Paul Wiles Order and Dispute : An Introduction to Legal Anthropology. By Simon Roberts. Quantitative Methods in Law. (Studies in the Application of Mathematical Probability and Statistics to Legal Problems.) By Michael O. Finkelstein. Winfield and Jolowicz on Tort. Eleventh edition. By W. V. H. Rogers. A Casebook on Tort. Fourth edition. By Tony Weir. Accident Compensation after Pearson. Edited by D. K. Allen , G. L. Bourn and J. H. Holyoak. Contracts: Cases , Notes and Materials. By John Swan and Barry J. Reiter. Wards of Court. By N. V. Lowe and R. A. H. White. Rayden's Law and Practice in Divorce. Thirteenth edition. Edited by Joseph Jackson. An Outline of the Law of Agency. By B. S. Markesinis and R. J. C. Munday.     

REVIEWS

Critical Legal Studies: The Politics of Law. Edited by David Kairys. [New York: Pantheon Books. 1982. x and 321 pp. Paperback $9·95.] Critical Legal Studies: Law, State and Society. Edited by Bob Fryer, Alan Hunt, Doreen McBarnet and Bert Moorhouse. [London: Croom Helm. 1981. 234 pp. (including name index). Hardback £14·95.] Critical Legal Studies: A Bibliography Critical Legal Studies: The Law Lords. By Alan Paterson. [London: Macmillan. 1982. 287pp. £12.] Critical Legal Studies: The Common Lawyers of Pre-Reformation England: Thomas Kebell, A Case Study. By E. W. Ives. [Cambridge: Cambridge University Press. (Cambridge Studies in English Legal History). 1983. 536 pp. £40.] Critical Legal Studies: People Against the Press. An Enquiry into the Press Council. By Geoffrey Robertson. [London: Quartet. 1983. 182 pp. (including appendices and index). £7£95.]     

Reviews

Legal Marriage—who Needs it?: The Marriage Contract. By Lenore J. Weitzman. [New York: The Free Press. 1981. 536 pp. (incl. index) $17.95.] Legal Marriage—who Needs it?: Cohabitation Without Marriage. By Michael D. A. Freeman and Christina M. Lyon. [Aldershot, Hants.: Gower, 1983. 228 pp. (incl. index). £15.00.] Legal Marriage—who Needs it?: Unmarried Couples. By Winifred H. Holland. [Toronto: The Carswell Company. 1982. 249 pp. (incl. index) Can.$32.50.] Legal Marriage—who Needs it?: The Family Home. By W. T. Murphy and Hilary Clark. [London: Sweet and Maxwell. 1983. xxi and 229 pp. (incl. index) £6£95 (paperback).] Legal Marriage—who Needs it?: Fundamentals of Securities Regulation. By Louis Loss. [Boston and Toronto: Little Brown and Company. 1983. xxiii and 1353 pp. No price stated.] Legal Marriage—who Needs it?: Economic Realities and the Female Offender. By Jane Roberts Chapman. [Lexington, Massachusetts: Lexington Books. 1980. 234 pp. (incl. bibliog. and index). No price stated.] Legal Marriage—who Needs it?: Girl Delinquents. By Anne Campbell. [Oxford: Basil Blackwell. 1981. 266 pp. Paperback: £4-50.1 Legal Marriage—who Needs it?: The Analysis of Judicial Reform. Edited by Philip L. Dubois. [Lexington: D. C. Heath. 1982. xiv and 221 pp. £18·50.] Legal Marriage—who Needs it?: The Politics of Judicial Reform. Edited by Philip L. Dubois. [Lexington: D. C. Heath. 1982. xi and 187 pp. £18·50.] Legal Marriage—who Needs it?: Prosecution in the Public Interest. By Susan R. Moody and Jacqueline Tombs. [Edinburgh: Scottish Academic Press. 1982. xiii and 167 pp. £12·00.] Legal Marriage—who Needs it?: Free Speech: A Philosophical Inquiry. By Frederick Schauer. [Cambridge: Cambridge University Press. 1982. 237 pp. £ 20·00 (hardback) £6-50 (paperback).] Legal Marriage—who Needs it?: English Law and French Law. By René David. [Stevens/Eastern Law House. 1980. 195 pp. Hardback: £12·50.] Legal Marriage—who Needs it?: La Responsabilité Civile. By André Tunc. [Economica. 1981. 161 pp. Paperback: 65F.]     

REVIEWS: IS THE REFORM OF LEGAL EDUCATION HOPELESS? OR,SEEING THE HOLE INSTEAD OF THE DOUGHNUT

Book reviewed in this article: Law School : Legal Education in America from the 1850s to the 1980s. By R. Stevens Law and Modern Society . By P. S. Atiyah Current Legal Theory . International Journal for Documentation on Legal Theory Political Trials in Britain . By Peter Hain     

Sealing the cracks: a proposal to update the anti-cybersquatting regime to combat advertising-based cybersquatting

Legal context: Recent years have seen a resurgence in the practice of cybersquatting,and in particular cybersquatting that monetizes domain namesthrough pay-per-click advertisements. Existing statutory andadministrative anti-cybersquatting tools were not designed tocope with the advertising-based model of cybersquatting. Asa result, brand owners lack effective tools to combat moderncybersquatting. Key points: (1) Where cybersquatters originally monetized their domain nameportfolios by ransoming small numbers of domain names to brandowners, they now use pay-per-click advertisements spread overmassive portfolios. Technological advances in the domain namesystem will continue to increase the opportunities for cybersquattersto expand these portfolios. (2) Existing statutory and administrativeanti-cybersquatting tools are out-dated and ineffective. TheUniform Domain Name Dispute Resolution Process is procedurallyincapable of coping with large portfolios of infringing domainnames and substantively out of sync with national IP laws. Traditionallitigation is too expensive and inefficient to offer a workablesolution for brand owners. (3) Both administrative and legalremedies for cybersquatting have inherent flaws that cannotpractically be remedied. A new anti-cybersquatting regime musttherefore allow them to work together. The UDRP should be procedurallyupdated to allow limited discovery and facilitate large-scalecases, and an optional choice of law clause should be introducedto bring UDRP panel decisions more in line with national IPlaws. Likewise, those laws should be revised to give explicitdeference to UDRP decisions in litigation arising from the samefacts as the UDRP action. Practical significance: Cybersquatting can injure a mark's distinctiveness and onlinerecognition, and contextual advertisements can divert customersfrom the targeted brand's website. If anti-cybersquatting toolsdo not keep pace with cybersquatters' strategies, these problemswill make it increasingly difficult for brand owners and customersto connect in the domain name system. The proposed revisionsto the anti-cybersquatting regime will enable brand owners toprotect their domain names more efficiently and to deter cybersquatters.     

Book Reviews

Book reviewed in this article:
Robert Alexy, A Theory of Legal Argumentation: The Theory of Rational Discourse as Theory of Legal Justification, translated by Ruth Adler and Neil MacCormick
Philip Soper, A Theory of Law     

Reviews

Anderson, Bruce ‘Discovery’ in Legal Decision-Making Unger, Roberto Mangabeira What Should Legal Analysis Become? Susskind, Richard The Future of Law: Facing the Challenges of Information Technology Cranston, Ross (ed.) Legal Ethics and Professional Responsibility Sohrab, Julia, A. Sexing the Benefit: Women, Social Security and Financial Independence in EC Sex Equality Law Morse, Geoffrey; Williams, David and Slater, David Davies: Principles of Tax Law Herget Contemporary German Legal Philosophy     

Taking lawyers’ ethics seriously

Legal Ethics and Professional Responsibility R. Cranston (Ed.) Oxford, Clarendon Press, 1995

Legal Ethics and Legal Practice: Contemporary Issues S. Parker & S. Sampford (Eds.) Oxford, Clarendon Press, 1995     

Book Reviews

Books reviewed:
Jean L. Cohen, Regulating Intimacy: A New Legal Paradigm
Robert A. Kagan, Adversarial Legalism: The American Way of Law
John McLaren, Robert Menzies, and Dorothy E. Chunn (eds.), Regulating Lives
Susan Shapiro, Tangled Loyalties: Conflict of Interest in Legal Practice     

THE BOOKSHELF

Joint Custody and Shared Parenting , Jay Folberg, Editor
A Handbook of Dispute Resolution , Karl J. Mackie, Editor
Intractable Conflicts and Their Transformation , Louis Kriesberg, Terrell A. Northrup, and Stuart J. Thorson, Editors
Marriage Counseling in Australia: An Evaluation , Ilene Wolcott and Helen Glezer
Treating Couples : The Intersystem Model of the Marriage Council of Philadelphia, Gerald R. Weeks, Editor     

THE BOOKSHELF

Book reviewed in this article:
The Child Sexual Abuse Custody Dispute Annotated Bibliography , Wendy Deaton, Suzanne Long, Holly A. Magaiia, and Julie Robbins
Beyond Blame: A New Way of Resolving Conflicts in Relationships , Jeffrey A. Kottler
Jeopardy in the Courtroom: A Scientific Analysis of Children's Testimony , Stephen Ceci and Maggie Brock
Healing Wounded Hearts , A video by Elizabeth Hickey     

“Critical Empiricism” in American Legal Studies: Paradox,Program, or Pandora's Box?

This essay was originally presented at the Conference on American and German Traditions of Sociological Jurisprudence and Critical Legal Thought organized by the Center for European Legal Policy, Bremen, Federal Republic of Germany, July 10-12, 1986. Subsequent versions were discussed at the Department of Sociology, Northwestern University (February 1987) and the Workshop on Legal Theory at the University of Virginia Law School (March 1987). Comments by participants at these events, members of the Amherst Seminar, Boaventura Santos, Kristin Bumiller, and G. Edward White are gratefully acknowledged. An earlier version of the paper appears in Joerges & Trubek, eds., Critical Legal Thought in Germany and America: A German-American Debate (Baden-Baden: NOMOS, 1989).     

WTO规则的法解释学初探

WTO规则需要解释,WTO的部长级会议、总理事会以及争端解决机构中的专家组和上诉机构均是WTO规则的法定解释主体,享有法定解释权。根据WTO有关协定的规定和争端解决机构的具体实践,WTO规则的法律解释方法主要有文义解释、体系解释、目的解释和法意解释等四种。     

REVIEWS

Book reviewed in this article: HAMLYN REVISITED; The British Legal System Today . By Lord Hailsham of St . Marylebone . Instrumentalism and American Legal Theory . By Robert Samuel Summers .     

Getting Real or Staying Positive: Legal Realism(s), Legal Positivism and the Prospects of Naturalism in Jurisprudence

The relationship between Legal Realism and Legal Positivism has been a recurrent source of debate. The question has been further complicated by the related difficulty of assessing the internal relationship between the two main original strands of Legal Realism: American and Scandinavian. This paper suggests considering American and Scandinavian Realism as instantiations of forward‐looking and backward‐looking rule skepticism respectively. This distinction brings into sharp relief not only the fundamentally different relationship between each of these two Realist schools and Legal Positivism but also their equally different potentials as starting points for naturalizing jurisprudence.     

Report on complementary/alternative health care and HIV/AIDS

In 2001, the Canadian HIV/AIDS Legal Network published a lengthy report on Complementary/Alternative Health Care and HIV/AIDS: Legal, Ethical & Policy Issues in Regulation. The document is the first in a series of papers to be produced by the Legal Network on priority legal and ethical issues related to HIV/AIDS care, treatment, and support. The article below summarizes the contents of the report.     

Studies of foreign legal history in china over the past 60 years

This article gives a detailed review of the evolution of the Chinese study of Foreign Legal History over the past 60 years. It covers five aspects: academic conferences, Chinese translated works on Foreign Legal History, the education of Chinese scholars in this field, academic activities and contestations, and the prospect of Foreign Legal History as a discipline. This article aims to tease out the achievements and problems of the studies of Foreign Legal History and analyze the social conditions underlying these problems and achievements. It concludes that the reconstruction of Chinese legal system and the development of Chinese legal system cannot stand in isolation from the process of absorbing, transplanting, and learning from foreign jurisprudence and legal systems. Though Foreign Legal History might not become a hot topic, it remains of great significance to the Chinese understanding of law.     

侗款的变迁及其与侗族地区纠纷解决机制研究

随时代的变迁,侗款在组织形式、活动方式、规约等方面发生了一系列变化,其当代的存续形式主要表现为村规民约。侗款纠纷解决功能的运作方式,可以分为两种相互作用的传统运作方式与现代运作方式。通过侗款解决纠纷与通过国家司法解决纠纷之间存在一定的冲突之处,应该从治理的角度来正确对待侗款,从而更好地发挥其对侗族地区民族团结、和谐社会与法治建设的促进作用。     

REVIEWS

Book reviewed in this article: Legal Obligations . By J. C. Smith . The Law in Crisis : Bridges of Understanding . By C. G. Weeramantry . Lawyers in Their Social Setting . Edited by D. N. Mac Cormick . The Contract of Employment . By M. R. Freedland . Labour Law and Offshore Oil . By Jonathan Kitchen . Studies on Divorce . Law Reform Commission of Canada. Legal Aid —The First 25 Years . By Seton Pollock . Legal Aid and its Management . By P. H. Gross . Juta & Co. 335 pp. R.25.00.]