让农民工问题不再是个问题——对几起法律援助典型案例的分析与思考

农民工问题是一个复杂的社会问题，是影响城市化进程的一大障碍，解决农民工问题需要采取系统的、综合性的措施。我市各级政府在农民工维权、解决农民工问题方面做了大量的工作。2006年，我局整合法律服务资源，集中开展农民工维权专项活动；2007年12月，我局又联合市劳动和社会保障局、市建委及市总工会等四部门举办为期55天的农民工维权专项活动，集中解决农民工欠薪及工伤索赔等问题。这项活动都是开展在岁末年初，农民工问题的高发期，     

Technological Protections in Copyright Law: Is More Legal Protection Needed?

Providing legal protection against the 'hacking' of technological locks used to protect copyrighted works recently has been the subject of an international treaty (the World Intellectual Property Organization Copyright Treaty), a European Community Directive (the Information Society Directive) and major copyright legislation in the USA (the Digital Millennium Copyright Act). By making hacking illegal, these legal protections fortify the technological protections employed by copyright owners to reduce infringement of their works. While copyright owners may use technological protections to compensate for the increased infringement potential in a digital world, technological protections can also be used to obtain far greater protection than the law would otherwise grant the copyright owner. In this article, Professor Loren argues that attention needs to be shifted from providing legal protection for technological protections, to providing legal protections against the overzealous use of these technological protections by content providers. She argues that laws should be enacted, and perhaps even treaties should be signed, that would prohibit the use of technological protections to impermissibly invade certain use rights recognized by a country's copyright laws.     

When an Alibi Is Not Enough: Judgments of Evidence Needed to Lay Charges in a Burglary Case

Laypersons were asked to assume the role of investigators to explore judgments of what evidence is needed to make an arrest in a criminal investigation when an alibi witness is present. Participants were sensitive to the relationship between the alibi witness and the suspect and were more likely to believe an alibi provided by someone unrelated to the suspect, as evidenced by requests for more physical evidence against the suspect than when the alibi corroborator was a family member. In addition, when presented with contradictory evidence, the age of the alibi witness became an important consideration. Age alone did not impact perceptions of evidence adequacy; however, when an (adult) eyewitness provided testimony that contradicted a child alibi witness, participants demonstrated partiality towards believing the child as evidenced by (a) more requests for physical evidence to be convinced the child was wrong and to arrest the suspect and (b) higher ratings of alibi witness credibility. This effect was not seen when the eyewitness’s testimony contradicted an alibi provided by an adult. The results provide insight for investigators and legal counsel regarding the influence of varying types of alibi witness evidence.     

Friendship,Courting, and Engagement: Pre-electoral Coalition Dynamics in Action

The literature on pre-electoral coalitions (PECs) still relies heavily on comparative statics to gauge whether a PEC is likely to form and/or its effects on government formation. However, less is known about the behavioural dynamics of PECs. The dynamics of the recent 2009 PEC between the Socialist People's Party and the Social Democrats in Denmark are assessed. Elaborating on the signalling hypothesis, it is argued that coalition members over time must show their ability to vote together in parliament in order to establish a credible commitment. Empirical support is found for this take on the signalling thesis. It was also found that the distance between the parties narrows before the formulation of the PEC, and distinct phases in the process are pointed to, which the authors coin ‘friendship’, ‘courting’, and ‘engagement’. Finally, alternative explanations are assessed and the question of which party of the PEC would have to change voting patterns in the inter-party coordination process in order to become 'office-fit' is addressed. It is concluded that PECs have a systematic effect on the members' parliamentary voting behaviour and that they serve as a preparatory signalling device for opposition parties with office ambitions.     

It Takes a Coalition: The Community Impacts of Collaboration

Members of Congress frequently collaborate on policy initiatives, reaching out to colleagues in both parties to find common ground on solutions for the problems faced by their constituents. Using a novel dataset of over 30,000 “Dear Colleague” letters sent by members of the 111th Congress, I use the collaborative relationships that exist in the earliest stages of the policy process to measure the social influence of legislators. I demonstrate that districts represented by members of Congress who are better connected to their colleagues receive a greater share of federal grant money. I argue that this is because collaborative legislators are well‐positioned to be influential allies to strategic bureaucrats who want to maintain a broad base of support for their programs in Congress. Thus, devoting resources to building relationships with their colleagues is one way members of Congress can more effectively support the communities they represent.     

Decision of the Constitutional Court of Ukraine No. 30-rp of November 26, 2009 (Case of the Rules of Procedure of the Verkhovna Rada II)

Following the investigation of the police torture in Kazan, Russia's Ministry of Internal Affairs will develop a new set of criteria for assessing police performance.     

论中国的团结权立法及其实施

团结权是市场经济下劳动者最基本的权利,这一权利应该在劳动立法和法律实施中进一步完善。完善中国的团结权立法,应该坚持劳资权利对等的基本法律原则,任何一方不得享有特权。在现有的法律规定下,最突出的问题是如何保障劳动者组织工会的权利,而影响和侵害劳动者团结权的主要问题是雇主介入和控制工会的现象。     

Financial Crime Today: Greece as a European Case Study

In this article a spectrum of financial crime, ranging from Customs violations, EU-fraud, tax evasion, Stock Market fraud, illegal use of intellectual property, electronic and Internet crime, to environmental pollution, illegal trafficking of personal data, and corruption is illustrated by examples from Greece. Needless to say, that the phenomenon of corruption and financial crime is creating problems not only in Greece, but also in other European countries and at higher financial levels.     

律师界首份社会责任报告出炉：律师在经济运行中任重道远

律师界首份社会责任报告——《北京律师社会责任报告》称,90．88％的北京律师为企业提供过法律服务,97．09％的北京律师愿意履行社会责任     

Psychological Injury and Law: Assumptions and Foundations, Controversies and Myths, Needed Directions

Psychological injury and law is a fast-developing field that is constructing a set of foundational assumptions and core knowledge guiding its science and practice. At the same time, it is marked by controversies, functions in an adversarial legal system and related systems, and is bedeviled by myths. I present a list of 25 basic assumptions, core knowledge, controversies, myths, and needed directions. With well-designed conceptualization and research on critical issues, the assumptions and core knowledge base in the field of psychological injury and law can continue to improve in quality, reducing its controversies and myths, and moderating the impact of the adversarial nature of the legal system and related systems in which it must function.     

Fighting Windmills: The Coalition of Industrialists and Environmentalists in the Climate Change Issue

This paper extends the political economy idea developed by Ackerman and Hassler [Clean Coal/Dirty Air, or How the Clean Air Act became a Multibillion-Dollar Bail-out for High Sulfur Coal Producers and What Should Be Done About It. New Haven: Yale University Press], which suggested that a coalition of environmentalists and industrialists successfully lobbied the US Congress. More strict technology-based standards for new emitting sources than for existing sources was the resulting policy outcome serving the common interest of the coalition because it offered both a barrier to entry for new firms and improved environmental quality. We focus on the case of international climate negotiations and the promotion of wind-based energy. Along the lines of the Ackerman and Hassler approach, we suggest that one reason for EU eagerness to push forward ambitious reduction target levels (and thereby promote new green industries) could be a similar coalition between industrialists and environmentalists. Such a strategy can be seen in the context of the Bootleggers and Baptist theory developed by Yandle [Bootleggers and Baptists: the Education of a Regulatory Economist, Regulation, 7, 12–16], where the Baptists (in our case the environmentalists) demand changes in behaviour on moral grounds. In contrast, the Bootleggers (the producers of renewable energy), who profit from the very regulation, keep a low profile. The actual heavy subsidisation of renewable energy sources, such as wind energy, can be viewed as a successful policy outcome for the coalition of industrialists and environmentalists offering both market protection and improved environmental quality. Solving the current dead-lock in international climate negotiations may well imply fighting the strong coalition of industrialists and environmentalists. Such a political battle may turn out to be just as tough as fighting windmills and needs to be addressed in future and more rigorous empirical research. At the end of the day, transparent incentives of relevant stakeholders in the climate change issue are necessary preconditions for progress in the climate change negotiations.JEL Classification: Q28,H2, H4     

Trauma-Related Dissociation Is No Fantasy: Addressing the Errors of Omission and Commission in Merckelbach and Patihis (2018)

Dissociation is commonly a response to trauma that can be associated with significant impairment. In order to deal with dissociation in court from a comprehensive, scientifically informed, and valid perspective, Brand, Schielke, and Brams (Psychological Injury and Law, 10, 283-297, 2017a, b) provided a balanced view of dissociation, its characteristics, evidence base, and best assessment practices. Without an approach such as this, forensic experts risk having insufficient knowledge in its causation, phenomenology, and assessment and accordingly misunderstand trauma-related dissociation (TRD). Brand et al. (Psychological Injury and Law, 10, 283-297, 2017a, b) addressed this issue by providing an overview of TRD relevant to forensic contexts, acknowledging some of the erroneous and misinformed approaches to the topic. Merckelbach and Patihis (2018) offered a critique of Brand et al. (Psychological Injury and Law, 10, 283-297, 2017a, b) that illustrated this lack of knowledge and misunderstanding about TRD. Many of the statements made by these authors are conceptually inaccurate or scientifically misinformed. As we show, they were incorrect when they stated that research is lacking about the inter-rater reliability of dissociative disorder (DD) diagnoses. They were unaware of the error rates of tests and interviews among dissociative samples, which we present here. Merckelbach and Patihis challenged Brand et al., arguing their methods and literature review “lacked a connectivity to existing science” (p. 3), despite extensive citations of studies with DD patients. They argued that we failed to adequately consider malingering despite our discussions of empirically supported methods for assessing it. We show that Merckelbach and Patihis overlooked research that does not support their views. As we review their comments, we illustrate their pattern of misreading and misunderstanding our papers, as well as lapses in their reasoning. The current paper reinforces that in the forensic context, experts can acquire adequate understanding of TRD and its evidence base, and put forward arguments against any harsh critique of the area that is uninformed about, misunderstands, or includes omissions and errors in critical conceptualization, state-of-the-art assessment practices, and research methodology and results.     

法律监督:公权力诚信体系中一个亟待研究的领域

公权力诚信体系出现危机时,往往出现道德滑坡、诚信缺失,政府计划履行的各项任务受到怀疑,使民主受到质疑。不断完善公权力诚信体系,制定社会信用管理法律法规的要求被提到前所未有的高度。公权力诚信与民众认同有着直接的关联,当公权力在政务诚信与民众对公权力诚信的期待值之间引发尖锐矛盾时,需要法律监督在公权力运行机制上伸张公平正义。