Examining the constitutionality of Internet filtering in public schools: a US perspective

The use of Internet filters in public classrooms in the USA has been intensely debated, both in terms of its effectiveness and legality. The debate pits concerns to protect students from indecent material against issues of unconstitutional censorship. This paper examines the legal issues addressed in various rulings by the US Supreme Court pertinent to issues raised in the debate over the constitutionality of filtering in the classroom. The rulings and opinions offer valuable insights into the legal issues raised in this debate.     

Global Environment Threats and a Divided Northern Community

The EU, Japan, and the US now share many environmental norms, laws, and institutions and cooperate on international environmental matters through numerous bilateral and multilateral channels. They disagree, however, on how to deal with some of the most serious issues facing the global environment and the quality of human life including wide-scale biodiversity loss, climate change, the use of genetically modified (GM) organisms; the trans-boundary movement of hazardous wastes, and chemical safety. As these are all issues that require the involvement of developing countries if global environmental protection efforts are to be effective, the discord that exists among the Northern states is of tremendous significance. The US has pulled out of the Kyoto Protocol arguing that the treaty is poorly designed and would be detrimental to the US economy. Japan and the EU have had to try to find a way to bring the treaty into force without the participation of the world’s largest emitter of greenhouse gases and to convince participating countries to meet their targets even though this may put them at a competitive disadvantage. In the case of biodiversity loss, although the US initiated international negotiations on biodiversity preservation, it has refused to join the EU and Japan in ratifying the Convention on Biological Diversity. There are also differences between the US, on the one side, and Japan and the EU on the other, regarding the use of GM organisms. This article analyses the reasons for the differences that have emerged among northern states in their international environmental policy positions and what the implications of this northern policy divide are for the effectiveness and legitimacy of international environmental protection efforts.     

What judges know about eyewitness testimony: A comparison of Norwegian and US judges

Abstract

We surveyed 157 Norwegian judges about their knowledge and beliefs about eyewitness testimony, and compared their answers to a prior survey of 160 US judges. Although the Norwegian judges were somewhat more knowledgeable than the US judges, both groups had limited knowledge of eyewitness testimony. The Norwegian judges, like the US judges, frequently differed from eyewitness experts in their responses to such important issues as whether eyewitness confidence is related to identification accuracy at trial and what is the best method for conducting identification procedures. As was true for the US judges, more knowledgeable Norwegian judges had many of the beliefs that may be necessary for reducing and mitigating the effects of eyewitness error. The results suggest that increasing judges’ knowledge of eyewitness testimony may be an important component of the solution to eyewitness error.     

Stolen Art Restitution Claims and the Exhaustion of Local Remedies: How Foreign-Based Plaintiffs are Able to Succeed Under the Foreign Sovereign Immunity Act

Stolen art restitution claims under the Foreign Sovereign Immunity Act (“FSIA”) present unique procedural issues that implicate the history, purpose, and objectives of the FSIA. At the forefront of these issues are how foreign-based plaintiffs are able to bring suits against foreign governments or foreign citizens in US Federal Courts. Whether these foreign-based plaintiffs must exhaust local remedies in their country of origin is another issue that these kinds of suits typically have courts resolve. This article provides answers to these issues through a historical discussion of the implementation of the FSIA and an analysis of recent case law.     

A comparison of Chinese judges' and US judges' knowledge and beliefs about eyewitness testimony

Abstract

We surveyed 170 Chinese judges about their knowledge and beliefs about eyewitness testimony, and compared their answers to a prior survey of 160 US judges. Although the Chinese judges were less knowledgeable than the US judges, both groups had limited knowledge of eyewitness testimony, including for such important issues as whether lay people can distinguish between accurate and inaccurate eyewitnesses. Unlike the US judges, greater knowledge of eyewitness factors for the Chinese judges was not related to beliefs that may be necessary to reduce eyewitness error. Compared to the US judges, the Chinese judges were much less likely to believe that they needed additional eyewitness training and that they knew more about eyewitness testimony than lay persons. We also discuss the impact of culture, legal systems, investigative procedures, and judges' function on the Chinese judges' responses, and the legal reforms that China may need to implement to reduce eyewitness error.     

FROM COPENHAGEN TO DURBAN: ON INTERNATIONAL CLIMATE CHANGE NEGOTIATIONS

Copenhagen Climate Change Conference began with high expectation but ended in despair. It reached the so-called Copenhagen Accord with some dissenters. The Copenhagen Accord calls for deep cuts in global emissions, but it has not reached a binding goal of greenhouse gas emission reduction commitment and is not a legal effective agreement. EU played a limited role in Copenhagen Climate Change Conference, while the US and China were crucial to achieve the Copenhagen Accord. The subsequent Cancun negotiation reached the Cancun Agreements, but many substantial issues remained unsolved, such as the second commitment period of the Kyoto Protocol and other core issues. Durban Climate Summit successfully managed to include the main polluters of the globe, especially the US and the main emerging economies (including India and China), to commit their obligations for the first time to reduce greenhouse gas emission reduction under the international framework, and all the parties of the conference agreed that they would negotiate new mechanisms of greenhouse gas reduction which will be implemented by 2020 before 2015. Durban Climate Summit has also reached a package of agreements on climate change. Among them, an important one is about the Global Climate Fund. But some key issues including quantified GHGs emission reduction goals among countries have not been solved.     

Technology commercialization in entrepreneurial universities: the US and Russian experience

US universities are leading the way in technology commercialization, while universities in Russia lag far behind. This paper discusses the best American practices, as well as the main issues of technology commercialization at the US universities. As an example, we consider the experience of the University of Maryland, College Park. In the next section, we turn to technology commercialization in Russia, where it struggles for several reasons. In this paper, we propose that Russia can improve its technology commercialization by studying the example of the leading US entrepreneurial universities and implementing proper procedures. And the important overarching point is that Russian universities need to improve their collaboration with industry, and they need to develop new standards of administrative, research, and business activity that will promote innovation and entrepreneurship.     

High-tech Crimes and the American Economic Machine

Studies demonstrate that technology owned by US corporations is a highly valued commodity in the international arena. The Economic Espionage Act of 1996 was signed into law to help protect against misappropriations of that technology. This article chronicles some of the recent prosecutions under that law and some emerging issues of enforcement.     

Global Privacy Concerns and Regulation-- Is the United States a World Apart?

The regulatory approach to privacy protection taken by many foreign jurisdictions is markedly different from that of the United States. The European Union (EU) best illustrates the international approach with its comprehensive privacy directive that applies to all EU members. By contrast, the approach regarding data privacy in the United States has been to pass industry-specific laws and often only in response to public outcry over some privacy concern. These fundamental differences have been the source of some conflict in international commercial transacting. Now that the global community is committed to eliminating terrorism, it remains to be seen if these different attitudes toward privacy by the United States and much of the rest of the world will affect global attempts to weed out terrorists. This article discusses the constitutional basis for most US policy approaches to privacy regulation. The article explains how the US constitution is the source for most of the differences between the US and international regulatory approaches to information privacy. Finally, the discussion addresses how new issues regarding privacy in the war on terrorism may be addressed by US Constitutional law.     

How much should we trust crime statistics? A comparison between EU and US

We discuss measurement issues in crime rates in a cross-country comparative perspective. We show that while homicide and general crime rates follow quite similar patterns in the US this is not always the case in Europe. We provide an explanation of the observed patterns based on the use of fire harms.     

The Public Participation Act: A Comprehensive Model Approach to End Strategic Lawsuits Against Public Participation in the USA

Commentators have documented the disturbing use of the courtroom to silence those who speak out on important issues. Too often, parties resort to meritless lawsuits in response to another's free expression or communication with the government. These lawsuits are called SLAPPs, or Strategic Lawsuits Against Public Participation. In the USA, they have emerged as a significant threat to the rights of expression and petition guaranteed in the First Amendment to the US Constitution. A majority of the US States have passed 'anti-SLAPP laws', but there is no uniform protection. The model legislation outlined in this paper is intended to guide those who seek uniform, comprehensive protection against SLAPPs.     

How Can the European Union Contribute to a COP-6 Agreement? An Overview for Policy Makers

During the 6th Conference of Parties (COP-6) in The Hague, the Netherlands, November 2000, crucial progress on a number of outstanding issues related to the Kyoto Protocol will have to be made to open the way for its early ratification, if not to save it from complete failure. Given the present lack of internal US political support for the Kyoto Protocol, the EU may play a pivotal role in making the Kyoto Protocol agreement a reality even without initial ratification of the US, if its able to provide sufficient leadership. In this overview article we discuss the main issues under negotiation, the problems of finding agreement and opportunities for the EU to catalyse a compromise agreement at COP-6, building on key scientific papers as included in this issue and discussions at the European Forum on Integrated Environmental Assessment Climate Policy Workshop in Amsterdam. Key elements are the inclusion of sinks, the use of the Kyoto Protocol mechanisms as a supplement to domestic action and the international compliance system. Domestic implementation of climate policy is a major factor for the EU's credibility.     

Exclusion payments in patent settlements: a legal and economic perspective

Legal context. The application of antitrust law to assess settlementsof patent litigation raises difficult issues concerning theappropriate balance of patent law and competition policy. Recentprivate and public invocations of US antitrust law to challengesettlement agreements covering pharmaceutical patents have broughtthese issues to the forefront. The agreements share the commonfeature of an ‘exclusion payment’ from a brand-namedrug manufacturer (the patentee) to a generic drug manufacturer(the accused infringer) in exchange for a promise by the genericcompany to refrain from marketing its product for some time.US federal courts that have examined these agreements have variedin their approach and conclusions regarding the appropriateantitrust analysis to be applied to these settlements. Key points. This article argues that informed antitrust analysisof such agreements must take due note of the ‘probabilistic’nature of patent property rights. Practical significance. The article concludes that exclusionpayments fall outside the scope of a patent's exclusionary scopeand thus are subject to antitrust scrutiny. It demonstratesthat barring anticompetitive exclusion payments in settlementnegotiation prevents collusive bargains that harm consumer welfarewithout discouraging efficient settlements.     

金融危机下美国对华“双反”法律问题新析

2004年以前,其它WTO成员并没有针对中国产品提起反补贴调查,主要面对和处理的都是有关反倾销方面的问题。金融危机背景下,以美国为首的发达国家对中国的反倾销反补贴并查案件不断增加。本文以美国对华双反的现状及特征为背景,通过对铜版纸案的具体分析,就政府和企业应该如何应对双反调查提出具体的法律建议。     

HIV/AIDS legal issues in the United States

The HIV/AIDS epidemic continues to be a leading public health issue in the United States. During the past decade, the epidemic has shifted away from the gay community, although gay and bisexual men continue to be the largest single HIV exposure category. Now, HIV increasingly affects low-income people of colour in urban areas, as well as women. As AIDS becomes more and more a minority, inner-city disease, public focus on the epidemic as a significant social and political issue is waning. While a full survey of current issues in US law is beyond the scope of this article, the focus here is on current issues that are highly relevant to the direction the epidemic appears to be taking.     

The United States as an offshore asset protection trust jurisdiction--the world's best kept secret

This article concerns the use of US asset protection trustsby non-US settlers. After considering the basics of US assetprotection trusts, it examines key issues including fraudulenttransfers, revocability, powers of appointment and the income,gift and estate tax consequences for non-US settlers beforefinally turning its attention to the issues of jurisdictionand the recognition and enforcement of foreign judgments.     

Community Penalties in the United States

The author discusses some background matters concerning the US criminal justice systems that may provide useful context for non-US readers, and summarises the main general conclusions about the operation of community penalties from two decades' research. He also briefly summarises research concerning each of the major penalties that have been attempted. Why American jurisdictions have been comparatively unsuccessful at use of community penalties as alternatives to incarceration and whether that lack of receptivity can be changed is discussed in the conclusion.     

The genetic legacy of the Transatlantic Slave Trade in the island of New Providence

The Bahamian archipelago has been influenced by a wide array of settlers (Lucayans, Eleutherian Adventurers, British Loyalists, Creoles from the United States and African slaves) throughout its short but dynamic history. Nevertheless, the Bahamas remains poorly characterized genetically and little is known about each group's contribution to the island chain. In the current study, the population of New Providence was analyzed based on 15 autosomal STR loci routinely employed in forensic DNA fingerprinting applications. A comparison of this collection with African groups reveals similar genetic profiles to West African populations from Equatorial Guinea and Angola, possibly resulting from the importation of slaves from West African ports during the Transatlantic Slave Trade. Although the New Providence collection exhibits strong genetic affinities to the two US African American reference populations, the detection of unique alleles among them may necessitate the utilization of population-specific databases in forensic cases especially when the STR profiles include these specific variants.     

商业信托委托人的法律地位

商业信托与普通信托有重要区别,委托人的地位与角色大相径庭。中国《信托法》借鉴日本法模式,赋予信托委托人诸多权利,可称为委托人法定权利模式。委托人的此种法律地位,虽适合于普通信托,但不符商业信托的功能及需求。原因之一在于对商业信托的特殊情形考虑不周,误植入仅适合于普通信托之规则。委托人法定权利模式之弊端,无法以增设委托人义务等方案予以补救,较为彻底的解决之道应为:委托人不对商业信托及其受益人享有权利。