S.W.A.T.:光荣与梦想

目前市面上正流行一部由克拉克·约翰逊执导的DVD影片:《S.W.A.T》,其中文译名有多种,比如《反恐特警组》和《洛城特警》等。这张DVD碟片由美国八大影业之一的哥伦比亚/三星(Columbia/TriStar)公司于2004年6月1日正式发行。很多人看过后都说很过瘾,故事情节当然是虚构的,不过,原型却是真实存在的,那就是位于洛杉矶东六街251号的洛杉矶警察局特别武器战术小组。S.W.A.T实际上是SpecialWeaponsAndTactics的首字母缩写,意思就是“特别武器和战术小组”。影片根据20世纪70年代的同名电视剧集改编而成,正是这部电视剧让洛杉矶警察局特别…     

His master’s voice: H.L.A. Hart and Lacanian discourse theory

H.L.A. Hart’s jurisprudence seems antithetical to Jacques Lacan’s psychoanalysis. Professor Schroeder argues that, in fact, Hart’s concept of law has surprising similarities to Lacan’s ‘discourse of the Master’. Both reject a command theory of law: subjects do not obey law out of fear. Moreover, both insist that the authority of law is completely independent from its content. Anyone seeking to develop a psychoanalytically sophisticated critical legal theory should reconsider Hart. As insightful as his concept of the symbolic is, Lacan has no expertise in legal systems and does not discuss positive law per se. Although he posited a theory of ethics in his Seventh Seminar and the seeds of a jurisprudence are implicit within his theory, he offers no account of legal right, justice or what Hart misleadingly calls ‘morality’. A Lacanian jurisprudence must, therefore, be supplemented by other sources. Moreover, legal positivists should not dismiss psychoanalysis. As insightful as Hart’s jurisprudence is, his theories of legal subjectivity and linguistics are simplistic and his concept of law too narrow. He describes only one aspect of legal experience: obedience to law. He ignores what most legal actors do: Hart’s concept of law excludes the practice of law. Although Lacan’s ‘master’s discourse’ surprisingly parallels Hart’s jurisprudence, Lacan does not restrict the symbolic to the master’s discourse. It requires three other ‘discourses’. Lacan, therefore, supplements Hart. Specifically, Lacan’s fourth discourse describes the excluded practice of law and provides the mechanism by which ‘morality’ can critique law.

W.A. Schabas,Nowak’s CCPR Commentary: U.N. Covenant on Civil and Political Rights, 3rd rev. edn.

Netherlands International Law Review -     

H.265:安防监控的新机遇

<正>H.265即将打破H.264标准占据主导地位这一局面。H.265是ITU-TVCEG继H.264之后所制定的新的视频编码标准。早在2013年第四季度,新的视频压缩标准就在不断被研究,目前已经在广播领域应用新的压缩技术。相比较而言,在安防监控行业,H.265的应用仍处于初期。H.265标准围绕着现有的视频编码标准H.264,保留原来的某些技术,同时对一些相关的技术加以     

H.265:网络视频的福音

<正>H.265又称为HEVC,高效率视频编码,是ITU-T H.264/MPEG-4 AVC标准的继任者。第一版的HEVC/H.265视频压缩标准在2013年4月13日被接受为国际电信联盟(ITU-T)的正式标准。历经四年时间,H.265究竟发展如何?与H.264相比H.265优势显著H.265沿用了H.264的混合视频编码框架,但     

Idea generation: the performance of U.S. States 1997–2007

Regional prosperity increasingly depends on a region’s capacity to have command over the production of ideas. Measuring the production of ideas with patents, the objective of this paper is to analyze how the number of utility patents granted to inventors in U.S. States in different technologies changed between 1997 and 2007 and how States took advantage of the new opportunities and adapted to the changing technology landscape. The paper uses shift-share analysis, traditionally used in employment studies, for analyzing change in patents by technology categories developed by the NBER. The shift-share results show that only a few states were able to take advantage of the information technology driven increases in patents. California dominates in patent production and may be providing spillover benefits to neighboring states. The shift-share decompositions are used as variables in a fixed-effect panel-regression model of state economic growth. The regression results show that the shift-share decompositions provide statistically significant information in explaining growth after accounting for a State’s stock of patents, suggesting that States should concentrate on effective ways to boost their stock of knowledge in rapidly growing technologies to improve state economic growth.     

Doctors in the executive suite: should the U.S. and U.K. be putting M.D. licensure at risk for shortfalls in institutional quality of care?

As our healthcare system becomes further managed, delivery organizations are reincreasingly relying upon physician executives to administer the delivery of care by other individual providers. In both the United States and the United Kingdom, this has led to instances in which physician disciplinary procedures have been invoked with respect to physicians who are perceived to be responsible for institutional defiiciencies. The author examines and analyzes the contrasting approaches taken in the two countries, and recommends an activist approach for disciplinary agencies faced with these circumstances.     

Canada’s First Integrated Domestic Violence Court: Examining Family and Criminal Court Outcomes at the Toronto I.D.V.C.

This is the first quantitative study to examine Canada’s only Integrated Domestic Violence Court. The methodology used a quasi-experimental design with parallel groups with baseline equivalence. Results demonstrate that when support services are provided to victims of domestic violence during family separation, children benefit from greater involvement with both parents. There was more compliance with child support in the integrated court than the comparison group and compliance in custody and access were two variables that predicted the type of final custody orders. There were fewer judges involved in the IDVC court than comparison group; however, there were no differences in the number of court appearances between groups. The IDVC demonstrates a promising intervention to address domestic violence that involves both criminal and family law courts. Future research is needed to explore the views of children, victims and offenders about their experiences with the IDVC.     

C.S.I.全攻略

“到现场去”不仅仅是新闻格言在新闻报道中有这样一句名言：“到现场去。”说的是新闻记者只有到了新闻现场，才能更好地把握事实。这句话对于司法调查人员来说具有同样重要的意义，因为犯罪现场往往都留有揭开案件真相的线索。法庭科学的先驱性人物埃德蒙德·洛卡德曾经提出过著名的证据交叉原理：每一次接触总会带走一些东西，留下一些东西。也就是说，一个犯罪行为发生后，犯罪分子总会在犯罪现场留下蛛丝马迹。侦破人员只要循着这些蛛丝马迹，必定可以找到犯罪分子。洛卡德的这个格言意味着所有案件在理论上都是可以侦破的，真正的超完…