I volunteer to kidnap Oliver North

“I Volunteer to Kidnap Ollie North”, is an exercise in following our government's sometimes criminal, often bizarre and always hypocritical actions in the war on drugs during the Reagan-Bush years to their logical conclusion. The Supreme Court has indicated in its June, 1992 decision in U.S. v Machain, that American law enforcement officers can now enter the sovereign territories of other nations to legally abduct violators of U.S. drug laws. Iran immediately proclaimed that they had the same right for violations of Islamic law. What might happen if kidnapping becomes a recognized “tool” of international law enforcement? What prominent Americans might wake up in South American jails with bags over their heads?     

Oliver Cromwell--The Grinch That Stole Christmas

Keeping track of legislative history—even within one’sown jurisdiction—is not always easy. Some sources—evenprimary sources—are obscure. One such instance is thelegislation of the English Interregnum. The English Common Lawconveniently smoothes over this disruption to legal continuityby means of a legal fiction. The restored monarchy takes effectas if the discontinuity had never taken place. Although notking de facto until 29 May 1660, Charles II is king de jurefrom the execution of Charles I on 30 January 1649. The regnalyears flow unabated for parliaments without a king, no lessthan they did for the 11 years that Charles I ruled personallywithout a parliament. Historians focus on the facts, while lawyers prescribe a greaterforcefulness to law. The Interregnum is a fact that for itsown time took precedence over law. Nevertheless, what is oneto do with the 10 years of intervening and often anomalouslyenacted legislation? The proponents of the Cromwellian Protectoratesay recognise it, while the Restoration Monarchists say ignoreit. There has already been a long drawn-out Civil War, so thecompromise is to leave the records hard to find and let thelegislation languish, thus providing one of the earliest examplesof political correctness. Under various rules of recognition, the intervening legislationof the Long and Little Parliaments, together with the Ordinancesof the Protectorate, have legislative status. As seen to satisfythe legislative protocols of their own time, such Acts and Ordinancesare arguably either statute law, or else, through subsequentparliamentary confirmation, are given the force of statute law. The fact remains that much of this extraordinary legislationremains hard to find. Rumours abound—especially in suchareas of highly disputatious, politically controversial, radicallyreformative, and otherwise outrightly pathological legislation.Until authenticated, one of the most obvious examples of apparentlyapocryphal, but obviously pathological legislation is that whichoutlawed the celebration of Christmas in England. This articletracks this legislation down to an Appendix to the Directoryfor Public Worship. According to its title, this was ‘anOrdinance for taking away the Book of Common Prayer and forestablishing and putting in execution of the Directory for thePublique Worship of God’. Although without royal assent,this was passed by the Lords and Commons assembled in the Parliamenton 4 January 1644/1645. This article is as much concerned withthe process of legislative research and legal authenticationas it is with the substantive and jurisprudential issues.     

霍姆斯刑法思想评析

霍姆斯是美国历史上著名的法官、法学家,本文对他的法理学思想以及刑罚目的论、犯罪心态等刑法思想作了扼要介绍,并进行了简要的分析和评价.     

法律之道即生存之道--霍姆斯《法律之道》问世百年与中译感言

霍姆斯、布兰戴斯、卡多佐和汉德这四位大法官,或许还有马歇尔大法官,历来被视为美国历史上最为杰出的伟大执法者。他们的执法实践与法律理念,构成了美利坚法律智慧与人文传统的重要方面。!;;<年,适逢其中最有影响力的奥利弗·(A霍姆斯大法官的最有影响力的著作问世百年。———这部著作不是别的,就是著名的“法律之道”（,-*."/-01/-*'"(）。〔!〕是年!月B>和B?日两天,获“理查德·DA莱维特讲座资金”（41&O$Q13'*DA6&%$44S$.4$)LG$.1&*6&Q4G'&.1$T）的资助,一干“法律从业者”们聚首美国衣阿华大学法学院,以“B8世纪的‘法…     

Review of Heng Choon (Oliver) Chan,Samuel M. Y. Ho,Psycho-Criminological Perspective of Criminal Justice in Asia

Asian Journal of Criminology -     

Review of Heng Choon (Oliver) Chan & Lorraine L. Sheridan,Psycho-Criminological Approaches to Stalking Behavior: an International Perspective

Asian Journal of Criminology -     

流浪乞讨与管制--从贫困救助看中央与地方权限的界定

随着《收容遣送办法》的废止,个人自由权利与社会治安秩序之间的现实冲突比过去更为突显。应转变中央和地方关系的传统思维,在允许地方更多自主权和选择权的同时,更充分地保障公民个人的宪法基本权利。无论是中央和地方关系的法律界定,还是公民权利的宪法保障,都要求建立独立的司法机构以审查地方立法的有效性。     

Implementing and evaluating crime prevention and control programs and policies

The history of crime prevention and control efforts in the United States has demonstrated little progressive improvement in our ability to deter crime. The major obstacles to implementing effective interventions and policies have been a weak scientific knowledge base about how to prevent crime, the research community's inability to effectively disseminate what is known about the causes of crime and to translate this knowledge into operational programs and policies, and a resistance on the part of practitioners and policy makers to evaluate programs and policies and to use this information in the development of new programs and policies. In the last decade, there have been major advances in our understanding about the causes of crime and we have now demonstrated the effectiveness of selected prevention programs. But there is little evidence that this scientific knowledge is informing current practice or policy. Problems in the dissemination of this information and the resistance to utilizing it remain. These problems are discussed and suggestions are made for addressing them. Our knowledge base remains modest, but it is now sufficient to inform policy and practice. The research community must work to do a better job of disseminating this information and overcoming the resistance to utilizing it before we will be successful in implementing effective crime prevention programs and policies. This revised version was published online in July 2006 with corrections to the Cover Date.     

International aid,trade and investment and access and allocation

International Environmental Agreements: Politics, Law and Economics - The access to goods and their allocation (who gets what, when, where and how) is one of the analytical problems of the 2009...     

Accommodation and Satisfaction: Women and Men Lawyers and the Balance of Work and Family

This study of graduates of the University of Michigan Law School from the late 1970s reports on the differing ways that women and men have responded to the conflicting claims of work and family. It finds that women with children who have entered the profession have indeed continued to bear the principal responsibilities for the care of children, but it also finds that these women, with all their burdens, are more satisfied with their careers and with the balance of their family and professional lives than other women and than men.     

真相与正义，探究与辩护，科学与法律

在美国法律文化塑造下的对抗制诉讼制度和科学的调查程序之间存在着紧张关系（tension），在法律所关注的裁决终局性（finality）和科学所追求的持续性纠错（oven—minded fallibilism）之间存在着紧张关系。长期以来，法律界都试图通过可采性法律规则归化科学证言，结果导致联邦法官担负起广泛的审查职责；近期，法庭指定专家的制度实践导致对抗制度做出某些修正，这种制度实践已经被批评为“带有纠问色彩”（inquisitorial），甚至“违背了民主的要求”（undemocratic）。在分析这些制度利弊的过程中，我们有必要考察其他法律系统的经验教训。