U.S. International Broadcasting: The Case of Iran

This article is an examination of the current state of U.S. broadcasting to Iran. It also gives an overview of the structure of U.S. international broadcasting. The author illustrates how under the Bush administration, Radio Farda and Voice of America Persian TV were held accountable for helping to destabilize the Islamic Republic of Iran. However, critics, including those in the Pentagon and a number of congressional members, doubted the capacity of Radio Farda, in particular, to carry out such a purpose because of its entertainment focus. Contrary to self-professed declarations of independence and free and objective journalism, the author argues that the U.S. government uses strict editorial control to restrict its broadcasting entities within the boundaries of its foreign policy objectives.     

Computer game licences: The EULA and its discontents

This article considers the legal efficacy of terms found in the end-user licences (EULAs) of Massively Multiplayer Online Role-Playing Games (MMORPGs). The article focuses on selected terms in the EULAs of well-known MMORPGs, Everquest and Runescape as well as a more recent MMORPG, Path of Exile. Although there are many examples of inappropriate and unenforceable terms in EULAs, computer games provide a particularly salient example. Eager for access to a game, players accept the EULA without question and, unaware of their rights or keen to avoid costly litigation, rarely challenge the terms. Given the value of the games industry to the international economy, the article recommends that international guidance for EULA content is needed.     

Executions and Apologies: The U.S., International Law and Right to Consular Notification

Following the execution of two German nationals in the United States in 2001, the International Court of Justice (ICJ) found the U.S. in violation of international law stating that foreign nationals must be notified of their right to contact their embassy. When they learned of this right ten years after their arrest, they were barred from raising the claim; and after exhausting available avenues in American courts, the German consulate took the case to the International Court of Justice. The U.S. executed the two men while the case was still before the ICJ, in spite of its request to stay the execution and German objections that “violations of Article 36 followed by death sentences and executions cannot be remedied by apologies or the distribution of leaflets”. This paper discusses the importance of consular notification to the fairness of prosecutions. Cases reviewed indicate the U.S. still frequently does not provide notification and is at times oblivious to the ICJ's ruling. The paper discusses reasons the U.S. should honor notification, including reciprocity for Americans traveling abroad and the larger development of international law. A final section provides several mechanisms for bringing U.S. practices into compliance that could be easily implemented. This revised version was published online in July 2006 with corrections to the Cover Date.     

An analysis of juvenile law in Taiwan and some comparisons with the U.S.

Juveniles have been treated differently from adults in legal matters throughout Chinese history. However, a special comprehensive juvenile law was not published until 1962. The law deals with juvenile delinquents and potential delinquents, ages 12–18. Juveniles involved in espionage against the government are not protected by juvenile law. Juveniles in general have less due process protection compared to their counterparts in the U.S. However, this is compensated by the better trained judges in Taiwan. Cultural differences also resulted in Taiwan putting more emphasis on the family responsibility for the care and Supervision of juveniles.     

英国法中司法认定作为证据的可采性分析-兼与美国证据法作比较

司法认定所依据的事实在随后发生的诉讼中有时会成为案件的争点问题,而将司法认定作为证据来证明争议的事实是否具有可采性是一个复杂的问题：要对这一问题作出规定,不仅需要考虑不同类型诉讼的审判方式、证明标准,还要考虑公正、程序滥用等公共政策。英国普通法实践最先通过Hollington案在这一问题上表明了立场,然而随着质疑的产生以及英国法对公正性日益重视,法律改革委员会和刑事法律修订委员会渐渐抛弃了普通法所确立的Hollington规则,对包括先前定罪在内的司法认定作为证明其所依据的事实之证据是否可采作出了具体细致的规定。在同为英美法系的美国,因普通法实践及政策考量等方面的差异,在这一问题上,《美国联邦证据规则》的规定与英国证据法有所不同。     

Measuring U.S. innovative activity: business data at the U.S. Census Bureau

Innovation is seen as a source of strength and vitality in the U.S. economy. Better measures of innovative activity—including but not limited to innovation alone—could improve what we know about the sources of productivity and economic growth. The U.S. Census Bureau collects data on some measures of innovative activity that research shows affect economic performance. But understanding how the effects work requires more than just measures of innovative activity. It also requires solid statistical information about core measures of the economy so we can rule out the possibility that a measure of innovative activity merely proxies for something omitted from or measured poorly in the core data. Gaps in core measures can be filled by better integrating existing data and by more structured collections of new data. Versions of this paper were presented at the NSF/SRS Workshop, Advancing Measures of Innovation: Knowledge Flows, Business Metrics, and Measurement Strategies, Arlington VA, June 6–7, 2006, and circulated to the Advisory Committee on Measuring Innovation in the 21st Century Economy, Economics and Statistics Administration, U.S. Department of Commerce. This paper is unofficial and thus has not undergone the review accorded to official Census Bureau publications. Lucia Foster, Ron Jarmin, Jeffrey Mayer, Thomas Mesenbourg, and Daniel Weinberg, and the editors made valuable comments. However, the views expressed in the paper are those of the author and not necessarily those of the U.S. Census Bureau.     

The treatment of prisoners: International standards and case law

Objective. In some countries questions are asked about the extent to which human rights should be applied to those who have been detained in prison, particularly if they have been convicted of a criminal offence. However, the international human rights treaties and instruments are quite clear that detained persons are entitled to all human rights that are not expressly removed by the fact of their detention. Method. This article describes in detail what these standards are and how they apply to imprisonment. It also considers how these issues have been interpreted judicially by the European Court of Human Rights and the lessons to be learned from its increasing body of case law. Conclusion. All those who are involved in the management of prisons or who deal in any way with prisoners must always bear in mind ‘the inherent dignity of the human person’. This obligation applies particularly to psychologists and others who develop programmes and other activities aimed at influencing the future behaviour of prisoners.     

U.S. CLS

This essay offers a brief account of the rise of cls thought in the United States and of its development within a largely hostile legal academy. As the essay suggests, cls thought has been variously deformed, arrested, normalized, and diffused – leaving the contemporary American legal academy in a state of suspended animation. This revised version was published online in July 2006 with corrections to the Cover Date.     

美国消费者的“疯狂”维权之诉

每年3月15日的消费者保护日,似乎始终是个不痛不痒的日子。而在美国,亦有着类似的保护消费者的纪念日。与官方色彩浓厚的"3·15"相比,这个史特拉奖(Stella Awards)年度纪念日似乎显得有些疯狂荒诞。然而其背后蕴藏着的消费者保护法理,亦值得人们深思。     

美国专利蟑螂的新近立法评析及其启示

专利蟑螂已经成为美国专利制度中一个十分严峻的问题,美国政府不断出台专利法修订草案和政策,意图遏制专利蟑螂,并取得了不错的成效。然而,从近期美国参众两院提交的诸项法案来看,尽管存在分歧,但其整体立场已经发生明显转变,倾向于优待专利蟑螂。由此,以设立双方复审程序、提高禁令颁发标准以及限制司法管辖为代表的诸多重要专利司法改革成果,都将可能遭到弱化。结合美国的经验教训,我国应当尽早认识专利蟑螂并着手应对,从考察开放许可专利实施情况、增加"权利人商业模式"作为判赔考量因素、细化司法管辖规则、完善专利无效制度以及构建全面打击专利假冒行为制度等多个维度,预防和遏制专利蟑螂。