The Professional Model of Law vs. The Business Model of Law: A Critical View of Opposing Trends in the United States of America and the People��s Republic of China

This study begins by reflecting on the literature characterizing the nature and function of a profession qua profession. It continues by arguing that based upon commonly used indicia of a profession that the practice of law in the US is de-professionalizing in significant ways and morphing towards a functioning business model. The related advantages of such a development for American society, its lawyers and their clients, including especially criminal defendants are critically discussed. It then traces the emergence and ascendancy of the rule of law in China and corresponding quest to institutionalize the practice of law in China as a profession. The study concludes by exploring the alternative advantages of applying the business model to Chinese legal practice. It recommends that embracing a paradigm shift away from the professional model towards a business model, comparable to what is happening in the US, would be to the greater advantage of Chinese lawyers in terms of enhanced authority, increased self-regulation, as well as providing greater leverage in advocating client interests.     

Agamben’s Grammar of the Secret Under the Sign of the Law

This paper suggests that a grammar of the secret forms a concept in Agamben’s work, a gap that grounds the enigma of sovereignty. Between the Indo-European *krei, *se, and *per themes, the secret is etymologically linked to the logics of separation and potentiality that together enable the pliant and emergent structure of sovereignty. Sovereignty’s logic of separation meets the logic of relation in the form of abandonment: the point at which division has exhausted itself and reaches an indivisible element, bare life, the exception separated from the form of life and captured in a separate sphere. The arcanum imperii of sovereignty and the cipher of bare life are held together in the relation of the ban as the twin secrets of biopower, maintained by the potentiality of law that works itself as a concealed, inscrutable force. But the ‘real’ secret of sovereignty, I suggest, is its dialectical reversibility, the point at which the concept of the secret is met by its own immanent unworking by the critic and scribe under the *krei theme, and subject to abandonment through the work of profanation; here, different species of the secret are thrown against one another, one order undoing the other. The secret founded upon the sacred is displaced by Agamben’s critical orientation toward the immanent: what is immanent is both potential and hiddenness.     

Business to the rescue: private sector actors and global environmental regimes’ legitimacy

In 2006, Parties to the Convention on Biological Diversity (CBD) adopted decision VIII/17 to further involve the private sector in the activities of the Convention. This initiative mainly aims at improving the current regime’s legitimacy. By increasing business involvement, decision VIII/17 can be viewed within the context of the current academic debate on the ‘privatisation’ of environmental governance, which refers to the growing importance of private actors in the formulation of environmental policies. Against this background, this article aims at: (1) assessing the extent to which decision VIII/17 might reverse the CBD’s legitimacy crisis and (2) analysing the issues at stake when private sector actors are involved in environmental regimes. In order to do so, the article analyses the consequences of decision VIII/17 in terms of internal—representation and transparency—and external—institutional efficiency and implementation—legitimacy. The study is based on an extended empirical scrutiny of the negotiations linked to decision VIII/17. While adopting a general conceptualisation of legitimacy, the value added by the study is to broaden the usual understanding of business strategies towards environmental issues. In particular, this article shows how decision VIII/17 has generated several reactions—defensive as well as proactive—among the business community. At the practical level, the article proposes several recommendations to secure a constructive participation of all categories of business actors in biodiversity governance. At the theoretical level, it calls for a change in deterministic visions of economic actors’ interests.

W and the design of the na

e browse background and design navigational maps properly in VE and WWW for reducing cognitive burden and improving 搃mmersion?in VE.virtual environments, www, hypertext, disorientation0心理科学进展Journal of Developments In Psychology76-82B845F102;1;E;FF102_1;沈昉000     

efinition of the phe

美国国务院专门负责亚洲与太平洋事务的高官,著名的中国问题专家,曾任国务卿鲍威尔亚洲事务助理的唐纳德·凯泽(DonaldKeyser)与年轻漂亮的台湾女情报员的私通,就像英国间谍小说家笔下的人物,充满神奇和浪漫。但这绝不是小说,而是发生在美国与中国台湾之间的间谍案。2006年7月1     

What is the Place of Christian Wolff in the History of the Social Sciences?

This paper explores the place of Christian Wolff in the history of social science in English. The "Introduction" places Wolff in the context of the pre-history of modern social science. Samples are given of the great range of subjects on which he wrote. The importance of the German context is stressed. The second part is devoted to a sample of what the literature contains by and about Wolff. It emphasizes philosophy and science. Part three is a survey of works in the history of the social sciences that mention Wolff. He has a substantial place in political science and psychology, a much smaller place in economics and history, virtually none in anthropology, geography, and sociology. In the applied social sciences, he is found in the history of education. Possible reasons are given. Part four is devoted to the relationships of philosophy and philosophers in the pre-history of the social sciences. They were important in several different ways because they both shaped and reflected how many people thought about science and social problems. The Summary and Conclusion describes the present status. His contributions are summarized. He was a pivotal figure in the making of the German conception of social science. This is a preliminary study emphasizing the issues and problems that a more detailed examination would require. Several conventional judgments are challenged and possibilities for further research suggested.     

Another victim of the ＂banana war＂： Some reflections on the status of the principle of liability in the absence of unlawful conduct in the community legal system

Articles 235 and 288 second paragraph EC provide remedies for damages caused by Community institutions, to individuals, legal bodies or States that concern legal obligations outside the scope of contractual relations. Although it did not receive any real application, the principle of liability in the absence of fault is mentioned by the Court in a couple of cases. This article seeks to explore this principle in its due context and in the light of comparative law. To that effect, it is first necessary to make a short recall of the historical case law in this field, to analyze afterwards the latest jurisprudential developments （FIAMM/FEDON case）, and finally to consider the future prospects of this principle in the Community law through two options. One alternative would be to adopt more lenient conditions for the application of Community＇s liability for fault and notably a progressive abandon of the current serious fault regime and the adoption of the simple fault regime. Another option would be to remove the tort nature from the no-fault liability and to move from the reparation of damage to a compensation for the breach of the equality.     

Are the perpetrators of violence one and the same? Exploring the co-occurrence of perpetration of physical aggression in the United States

Important gaps exist in our understanding of aggressive behavior and the extent to which aggression involves one or more types of victims. This information is critical for determining the utility of integrated approaches for violence prevention versus continuation of independent efforts for reducing community violence, partner violence, and child maltreatment. To better understand the overlap in aggressive behaviors within the general population, the authors examine the co-occurrence of self-reports of physically striking strangers, acquaintances, intimate partners, and children among a nationally representative sample of 3,024 U.S. adults. The findings from this cross-sectional random digit dial telephone survey show that more than a third of the population reports engaging in at least one form of aggression and that, of these, a third had perpetrated violence against more than one type of victim. The percent of respondents who reported perpetrating violence against more than one type of victim range from 13% (percent of those striking a friend or acquaintance who also struck a child) to 34% (percent of those striking a friend or acquaintance who also struck a stranger). Furthermore, engaging in one type of aggression substantially increases the odds of engaging in another from 1.5 to 4 times. The findings suggest potential value in pursuing both integrated and independent approaches in research and prevention.     

Assessing a Child’s Experience of Multiple Maltreatment Types: Some Unfinished Business

Available research indicates that maltreated children frequently experience multiple types of maltreatment, although relatively few studies examine this issue directly. Review of existing studies also shows that, when investigated, maltreatment types are often correlated. However, from study to study the strength of associations among maltreatment types varies considerably, apparently due to methodological differences, such as differences in operational definitions of the maltreatment types, composition of samples and/or method of scaling used. Failure to account for overlap among maltreatment types can result in a misleading picture of a child’s trauma history. This in turn can lead to an inaccurate evaluation of the relationship between a child’s victimization experiences and later developmental outcomes. The wide variation in correlations among the maltreatment types from study to study raises questions about the validity of the different operational definitions used. Improving the construct validity of the maltreatment type measures is proposed as the means to obtaining more consistent results. Steps by which to achieve this objective are outlined. This project (1 RO1 HD049767-01A2) is co-funded by the National Institute of Child Health and Human Development (NICHD) and the Office of Behavioral and Social Sciences Research (OBSSR). The authors wish to thank M. Jean Russo for reviewing a draft of this paper.     

An Early Modern Account of the Views of the Miśras

In a doxography of views called the ?a?tantrīsāra, a seventeenth century commentator and Advaitin, Nīlaka??ha Caturdhara, describes the doctrines of a group he calls the Mi?ras. Nīlaka??ha represents the doctrines of the Mi?ras as in most ways distinct from those of the canonical positions that usually appear in such doxographies, both āstika and nāstika. And indeed, some of the doctrines he describes resemble those of the Abrahamic faiths, concerning the creator, a permanent afterlife in heaven or hell, and the unique births of souls. Other doctriness are difficult to associate with any known South Asian religion, for example the emphasis placed on astrological determinism in the moral economy of the creation. As the ?a?tantrīsāra is unpublished to date, a preliminary edition of those portions that concern the Mi?ras is presented here, together with a translation, notes, and some further discussion. Though the identification is not certain, it seems most likely that the views Nīlaka??ha describes in this text belonged to Vanamālī Mi?ra, a North Indian Mādhva who had lived in the Ganges-Yamuna doab in the mid to late seventeenth century. Even if that identification turns out to be correct, many questions remain.     

Merger—the name of the FE game

In the Australian legal environment today the overwhelming importance of laws made by Parliament is obvious, yet many first year law programmes pay insufficient attention to the coordinated teaching of statutory interpretation (SI). This project formed part of a collaborative initiative between an educational developer and the coordinator of legal research methods (LRM) to introduce statutory interpretation into a first year unit of study. Our study used a qualitative research framework – a questionnaire was administered to students at two intervals throughout the first semester. In Week 3, 160 students participated in the questionnaire and at Week 4, a keystone module on statutory interpretation using a building block approach was introduced in LRM. Since the nature of assessment in LRM is largely reflection, this unit lent itself well to investigating the language and literacy challenges of statutory interpretation, in particular, to students monitoring their own progress in this regard. The overall aim of the project was to establish a framework for students to build on their knowledge and understanding of statutory interpretation throughout their undergraduate studies, and in the interests of improved learning and teaching outcomes, for staff to be able to document the changes in student thinking. This paper focuses on the preliminary stage of our investigation into the language and literacy challenges involved in introducing statutory interpretation into a first year unit of study.

I know of only one authority which might justify the suggested method of construction. “When I use a word,” Humpty Dumpty said in rather a scornful tone, “it means just what I choose it to mean, neither more nor less.” “The question is,” said Alice, “whether you can make words mean so many different things.” “The question is,” said Humpty Dumpty, “which is to be master – that’s all.”

(Alice Through the Looking Glass, c. vi.)

After all this long discussion, the question is whether the words “If a man has” can mean “If a man thinks he has.” I am of opinion that they cannot, and that the case should be decided accordingly.

(Lord Atkin in Liversidge v Anderson [1942] AC 206)     

In the eye of the beholder? An examination of the inter-rater reliability of the LSI-R and YLS/CMI in a correctional agency

PurposeTo examine the inter-rater reliability of two risk assessment tools: The Level of Service Inventory-Revised (LSI-R) and the Youth Level of Service/Case Management Inventory (YLS/CMI).MethodsTwo identical experiments are reported. For both studies, a random sample of 10 offenders were interviewed and videotaped with each tool (totaling 20 offenders). The tapes were then shown to a random selection of 20 raters (for a total of 40 raters) employed at a state agency. The fully-crossed design allowed each of the raters to rate the each of the cases, resulting in 200 total risk score observations for each tool. Inter-rater reliability analyses were then conducted.ResultsThe LSI-R demonstrated adequate to fair reliability, with certain domains showing lower reliability. Overall, the LSI-R had an ICC of .65. The YLS/CMI demonstrated higher reliability (ICC of .78). In addition, for the LSI-R study, comparisons were made between staff raters who work in a facility versus those in the community (e.g., probation officers). For the YLS/CMI study, comparisons were made between incarcerated offenders versus probationers. Neither comparison yielded consistent differences.ConclusionsThe YLS/CMI is generally reliable. The LSI-R showed less reliability. However, each study showed certain domains with less than ideal reliability.     

Interests of Asian Countries in the Review of the Dispute Settlement Procedure

FeaturesofDSprocedure .TheWTOsystemisarule basedinternationaltradingsystemasopposedtobeingapower orientedtradingsys tem .Itgivesstabilityandpredictabilitytointernationaltrade.Lookingatfiguresofdisputes ,itisremarkablethatbetween 1 947 1 994inwhichtheoldGATTsystemoperated ,therewereabout30 0disputesonrecordandthat,from1 995whentheWTOwasinitiatedto 2 0 0 3,therewereabout 30 0disputes.ThismeansthatthedisputesettlementprocedureoftheWTOismuchmorefrequentlyusedascomparedwiththedisputesettlemen…     

Changes of the Legal Nature and the Ownership of Underground Garage——As the disputes of “Today Garden”

《物权法》的实施导致地下车库法律性质和地位的变化,也改变了其权利归属认定的逻辑前提.《物权法》实施前,地下车库必须依附于物业小区的宗地使用权,没有独立存在的基础,只能为区分所有建筑物的附属物.交易中未约定时,其权属随商品房的移转而一并移转;《物权法》实施后,借助于土地的分层利用制度,地下车库成为可独立交易物,由此为开发商保留地下车库所有权提供了可能,就其所有权取得无特别约定时,地下车库仍为其初始权利人——开发商所有.因此《物权法》颁布前后,有关地下车库权属判断的衔接问题尤为凸显.