Book reviews

Stuart M. Kaye. International Fisheries Management. Kluwer Law International, The Hague, Netherlands, 2001. 606 pp. (hard cover). $172.00

Rosalee Love. Reefscape, Joseph Henry Press, Washington D.C., 2001. 264 pp. (hard cover). $24.95

Olav Schram Stokke (ed.), Governing High Seas Fisheries: The Interplay of Global and Regional Regimes, Oxford University Press, New York, 2001. 365 pp. (hard cover). $95.00

Norman J. Vig and Michael E. Kraft (eds.). Environmental Policy: New Directions for the Twenty‐First Century. 4th ed. Congressional Quarterly Press, Washington D.C., 2000. 416 pp. (paperback). $39.95

Joseph Franke and Teresa M. Telecky. Reptiles as Pets: An Examination of the Trade in Live Reptiles in the United States. The Humane Society of the United States, Washington D.C. 2001. 146 pp. (paperback). $10     

REVIEWS

Book reviewed in this article: Mark Armstrong, David Lindsay and Ray Watterson, Media Law in Australia Robert Baldwin, Rules and Government A.W. Brian Simpson, Leading Cases in the Common Law Martin van Hees, Rights and Decisions: Formal Models of Law and Liberalism Paul Craig and Gráinne de Búrca, EC Law: Text, Cases and Materials     

Moynihan Theatre Investment Tax Credit Bill

Abstract

Art, Culture and Enterprise: The Politics of Art and the Cultural Industries Justine Lewis London and New York: Routledge, 1990     

Teaching the Political Context of EC Law

Books reviewed in this article: D. Dinan, Ever Closer Union? An Introduction to the European Community J. Greenwood, Representing Interests in the European Union F. Hayes-Renshaw and H. Wallace, The Council of Ministers S. Hix and C. Lord, Political Parties in the European Union N. Nugent, The Government and Politics of the European Union R. Dehousse, The European Court of Justice: The Politics of Judicial Integration P. Craig and G. de Burca, EC Law, Text, Cases, & Materials D. Chalmers and E. Szyszczak, European Union Law. Volume One. Law and EU Government     

Chinese Practice in Public International Law: 2006 (III)

Continued from Part II published last year, this part of theSurvey covers materials reflecting Chinese practice in 2006relating to: XI. Outer Space Law (Definition and Delimitationof Outer Space; Draft Protocol on Matters Specific to SpaceAssets to the Convention on International Interests in MobileEquipment; The Status and Application of Five UN Treaties onOuter Space; Practice of States and International Organizationsin Registering Space Objects; The Establishment of the DisasterManagement International Space Coordination Organization; ThePolicy of Peaceful Use of Outer Space; The Cooperative Approachto the Peaceful Use of Outer Space; The Convention of Asia-PacificSpace Cooperation Organization); XII. International Law on Diplomaticand Consular Relation (Preconditions for the Establishment ofDiplomatic Relation; Vienna Convention on the Consular Relations;Diplomatic Protection and Consular Assistance); XIII. InternationalCriminal Law (Universal Jurisdiction in Absentia; Treaty andJudicial Practice on Extradition and Criminal Judicial Assistance;The "East Turkistan" Terrorists in Guantanamo Bay; The LAI CheongSing (LAI Changxing) Case in Canada; The Position Towards TokyoTrial; Illegal Migrants; Trafficking of Persons; Anti-Corruption);XIV. International Law on Environment (Environment and Development;Climate Change; Dam-building on International Rivers; SonghuajiangRiver Pollution Accident; Tropical Rain Forest in SoutheastAsia; Animal Fur Trade; Auction of Dinosaur Egg); XV. InternationalOrganization (United Nations; World Health Organization; ShanghaiCooperation Organization); XVI. International Economic Law (InternationalTrade Law; International Protection of Intellectual PropertyRights; International Financial Law); XVII. International Lawon Energy (Energy and Development; Energy Policy); XVIII. InternationalLaw on Natural Disaster (Tsunami Warning System; InternationalHumanitarian Donation and Assistance); XIX. International Lawon Health (The Issue of SARS; the Issue of Avian and Human PandemicInfluenza).     

Dance Films Association is Still Growing

Abstract

Reluctant Bureaucrats: The Struggle to Establish the National Endowment for the Arts Charles Christopher Mark Dubuque, Iowa: Kendall Hunt, 1992, 239 pages, paper $19.95

The Audience for American Art Museums J. Mark Davidson Schuster Research Division Report #23, National Endowment for the Arts Washington: Seven Locks Press, 1991, 46 pages, paper $10.95

21 Voices, The Art of Presenting the Performing Arts Naomi Rhodes Washington, D.C.: Association of Performing Arts Presenters, 1991, 324 pages, paper $20.00 members, $24.00 nonmembers.

Workpapers I: Rethinking and Restructuring The Arts Organization Nello McDaniel and George Thorn, eds. New York: FEDAPT, 1990, 141 pages, paper $16.95.

Workpapers II: Arts Boards: Myths, Perspectives and New Approaches Nello McDaniel and George Thorn, eds. New York: FEDAPT, 1991, 86 pages, paper $16.95.     

Reviews

Keith Hawkins (ed), The Uses of Discretion , Oxford: Clarendon Press, 1992, xiii + 431 pp, hb £45.00. Andrew Bainham with Stephen Cretney, Children: The Modern Law Mike Maguire, Rod Morgan and Robert Reiner (eds), The Oxford Handbook of Criminology Jaime Oraa, Human Rights in States of Emergency in International Law Joan Fitzpatrick, Human Rights in Crisis: The International System for Protecting Human Rights During States of Emergency Stephen M. Schwebel, Justice in International Law J. Eekelaar and M. Maclean (eds), A Reader on Family Law     

Queer Legal History: A Field Grows Up and Comes Out

This essay examines recent scholarship on the legal history of sexuality in the United States. It focuses on Margot Canaday's The Straight State: Sexuality and Citizenship in Modern America (2009) and Marc Stein's Sexual Injustice: Supreme Court Decisions from Griswold to Roe (2010). It also reviews recent work on the history of marriage, including Sarah Barringer Gordon's The Spirit of the Law: Religious Voices and the Constitution in Modern America (2010) and George Chauncey's Why Marriage? The History Shaping Today's Debate Over Gay Equality (2004), and the history of military law Defending America: Military Culture and the Cold‐War Court Martial (2005), by Elizabeth Lutes Hillman. The essay argues that this scholarship is significant because it offers a different view of sex and power than the one derived from the early writing of Michel Foucault. “Queer legal history” treats the liberalism of the 1960s‐1970s as sexually discriminatory as well as liberatory. It underlines the exclusions that were part of public policy under the federal G.I. Bill and the New Deal welfare state.     

Coping with ultimate evil through the criminal law

Editor in Chief,Criminal Law Forum: An International Journal; Distinguished Professor, Rutgers University School of Law, Camden, New Jersey, United States; B.A., Victoria University of Wellington 1964; LL.B., Victoria University of Wellington 1964; LL.M., Victoria University of Wellington 1967; LL.M., Columbia University 1968; J.S.D., Columbia University 1972.     

判例在中国传统法中的功能

In traditional Chinese law, cases are the judicial decisions of general effects determined by special procedures. Before the Period of Spring and Autumn and Warring States, the main form of Chinese law was cases. After that period, Chinese legal system had gradually accommodated various forms in coexistence, with codes as the main body but cases as supplementary. Such a system maintained for a long time. Those cases in the codification era were based on codes and functioned to broaden the scope of legislation, supplement the legislative techniques and strengthen the effect of rules. As to the relationship between the establishment rule and the recurring rule of cases, ancient Chinese law persisted in the recurring rule and thus it maintained a relatively steady supply of rules while maintaining an inner stable legal forms. Wang Shirong, professor, head of the Research Department of Northwest University of Political Science and Law (NWUPL), Standing Director of the Legal History Society of China, Vice-director of the National Clinical Education Committee, Honored Professor of Gansu Institute of Political Science and Law, Consultant of Xi’an Intermediary Court, a project manager of the legal clinic program of NWUPL. His Major researches cover: Chinese legal history, the legal history of criminal law and the clinical legal education. His representative works include: A Study of Chinese Court Decisions in Ancient Time (1997, CUPL Press), A Study of Ancient Cases in China (1997, CUPL Press), Legal Cases and Law Development (2006, Law Press), and more than 20 papers released in key journals.     

Could Wild Horses Drag Access Away From Courtrooms? Expanding First Amendment Rights to New Pastures

More than thirty years ago, the Supreme Court of the United States created a First Amendment right of access to criminal trials in Richmond Newspapers, Inc. v. Virginia. At the time—and in the Supreme Court cases that immediately followed Richmond Newspapers—the assumption was that such a right of access would apply only to judicial proceedings. This article examines a small but significant body of case law that extends the First Amendment right of access to criminal proceedings to new venues far removed from courtrooms. Using the 2012 opinion of the United States Court of Appeals for the Ninth Circuit in Leigh v. Salazar as an analytical springboard, this article analyzes how the so-called experience-and-logic test fashioned by the high Court in Press-Enterprise Co. v. Superior Court in 1986 is being applied in such cases. Cases like Leigh also provide an excellent opportunity for courts to clarify precisely the nature and extent of the history required to find qualified rights of access given the relatively recent government program to which the plaintiff in that case now seeks access.     

Reviews

Thomas: Legal Frontiers Wellman: An Approach to Rights: Studies in the Philosophy of Law and Morals Allsop and Mulcahy: Regulating Medical Work: Formal and Informal Controls Mercuro and Medema: Economics and the Law: From Posner to Post-Modernism Franck: Fairness in International Law and Institutions Nussbaum: Poetic Justice: The Literary Imagination and Public Life Posner: Law and Legal Theory in the UK and USA Montgomery: Health Care Law     

Polar Bear Sports Hunting: Canada’s Flawed Interpretation of the International Polar Bear Agreement

Abstract

In 1973 the five polar bear range states (Canada, Norway, Denmark, the United States, and the Union of Soviet Socialist Republics) entered into the International Agreement on the Conservation of Polar Bears and Their Habitat (“the Agreement”). The Agreement’s intention was to protect polar bears through conservation and management measures including, inter alia, prohibiting the taking of the carnivore. The implementation and enforcement of the Agreement was left to each individual country, resulting in differing management practices and legal frameworks among the signatory states. This is particularly stark in the context of sports hunting, with all nations except Canada outlawing the practice. Canada, striking out on its own, chose to interpret the provisions of Article III of the Agreement in such a way as to allow their provinces and territories to enact legislation to regulate the sports hunting of polar bears. This article argues that sports hunting is not a traditional right of Canada’s indigenous peoples and, therefore, Canada’s interpretation of the Agreement is critically flawed.     

The International Criminal Court and United States opposition

While the International Criminal Court (ICC) has been touted as the most fundamental development in international society to date, there has been relatively little criminological research examining the potential influence of the ICC. Additionally, criminologists have neglected the United States' responses to the ICC. Our purpose is to fill that gap by examining the United States' role in the development of, and subsequent reactions to, the ICC. Moreover, we draw upon Chambliss' Structural Contradictions Model to explicate processes within the development of International Law, thereby expanding its utility. We begin with a brief discussion of the most contentious elements of the ICC for the United States, sovereignty and jurisdiction, followed by a review of the theoretical model utilized in our analysis. We then discuss the role of the United States in the development of the ICC followed by the proceeding actions taken against the Court. We suggest how US withdrawal and legislative undermining of the ICC not only reflects the US ambiguous relationship with international law but also reveals some of the inherent limitations placed on the ICC as an international institution of formal social control. We conclude with a criminological analysis of the Court's potential based on the existing Rome Statute and the recent efforts of the U.S. to thwart its efficacy.Dawn L Rothe is an Assistant Professor of Criminology at the University of Northern Iowa. She earned her Ph.D. in Sociology from Western Michigan University. Her main research interests focus on White-Collar-Crime (state and transnational crimes), international law and institutions of social control, and criminological theory. Her recent work has appeared in Critical Criminology and Social Justice, and is the author of the forthcoming book Symbolic Gestures and the Generation of Social Control: the International Criminal Court published by Lexington.Christopher W. Mullins is an Assistant Professor of Criminology in the department of Sociology, Anthropology, and Criminology at the University of Northern Iowa. His research focuses on violence, especially interconnections between street culture, gender and street violence, as well as violence by corporations and nation-states. His work has appeared in Criminology, Critical Criminology, and Criminal Justice Review and is the author of two forthcoming books and several book chapters.     

Book Reviews

Yves Dezalay and Bryant G. Garth Dealing in Virtue: International Commercial Arbitration and the Construction of a Transnational Legal Order Oliver E. Williamson The Mechanisms of Governance Margaret Thornton Dissonance and Distrust: Women in the Legal Profession Philip A. Thomas (ed.) Socio-Legal Studies Michael King A Better World for Children? Explorations in Morality and Authority Judith Allsop and Linda Mulcahy Regulating Medical Work: Formal and Informal Controls Philip Pettit Republicanism: A Theory of Freedom and Government Richard L. Abel Politics by Other Means. Law in the Struggle against Apartheid, 1980–1994     

Bubbins v United Kingdom: Civil Remedies and the Right to Life

This analysis considers the judgement of the European Court of Human Rights in Bubbins v United Kingdom. ¹ 1 App No. 50196/99, judgement of 17 March, 2005. For a case commentary on the admissibility decision made on November 27, 2003 see [2004] EHRLR 214.
In this case the Court examined the shooting by the police of an unarmed individual. The Court had to address two issues. Firstly, did the act of shooting the individual, and the conduct of the police operation which culminated in the shooting, amount to a breach of Art.2? Secondly, in this situation, was the compensatory system in place in the UK sufficient to meet the requirements of Art.13? This case reveals something of the relationship between Art.2 and Art.13, and is relevant to analysis of the parasitic nature of Art.13.     

Power and Criminal Law: Criminalization of Conduct Norms in a Colonial Regime

A content analysis of the published materials in the Journal of Criminal Justice: An International Journal (JCJ), and the International Journal of Comparative and Applied Criminal Justice (IJCACJ) was undertaken to evaluate if the international functional agenda of the journals to fill the present need for dissemination of new information, ideas and methods (to both practitioners and academicians in the criminal justice area) has been achieved. It was found that there is very limited international discourse currently going on in the Journal of Criminal Justice and that the bulk of the discussion in print in the journal is virtually inter- and intra-American. On the other hand, it was found that a substantial number of materials published in the International Journal of Comparative and Applied Criminal Justice emanated from outside the United States, were written by non-U.S. practitioners and academicians, and focused on non-American criminal justice systems. It was concluded that in terms of regional composition of both journals' editorial staff, regional distribution of articles by source of origin and regional distribution of articles by subject content, the IJCACJ is more global in scope than the JCJ. The net result is that this journal is more “international” because it is seen to be more likely to generate and promote cross-cultural dialogue in the criminology/criminal justice enterprise.     

Project USA: American competitiveness and what must be done to restore it

The United States today faces a loss of influence as a world power, a reduction in American independence as a policymaker, and a decline in the standard of living on which Americans have come to depend. History teaches that nations weaker and less productive than the United States can rise to become economic powerhouses and rapidly increase their standards of living. History also teaches that nations failing to recognize their fundamental problems will inevitably decline. American politicians must face what is abundantly clear: the United States is losing ground and must act quickly to reverse its course. This White Paper outlines what must be done. Information about the nation's current status must be analyzed and communicated. Incentives to improve the level of competence in government must be provided and maintained. The emphasis of government policy must be changed to reflect broad economic and technological interests as opposed to special interests. Savings must be encouraged and increased. Infrastructure must be improved Tax laws must be modified to help bring these changes about. Economic and technological issues must be elevated to the importance they require. American thinking must reflect the new realities: that the age of leadership through military power is over, that the requirements for success in the world of the 1990s and beyond require a sound and growing economy that is internationally competitive. The US can accomplish these goals only through foundation-shaking, comprehensive, fundamental changealong the lines we propose herein.This paper is the executive summary (with minor editing modifications) of a white paper that is available from Cornell University's Johnson Graduate School of Management.     

WAIVER HEARING A FRUSTRATING TASK

In the September decision in Haziel v. United States, Chief Judge Bazelon, speaking for the majority of the U. S. Court of Appeals for the District of Columbia, said:     

Inter-rater reliability of dynamic risk assessment with sexual offenders

Abstract

This paper describes the inter-rater reliability of the Structured Assessment of Risk and Need (SARN, formerly known as Structured Risk Assessment). The SARN is a structured framework for identifying sexual offenders’ dynamic risk factors. The SARN comprises 16 dynamic risk factors, categorized into four domains: Sexual Interests, Distorted Attitudes, Socio-Affective Functioning and Self-Management. Two studies, utilizing three samples, are reported. Study 1 examined the inter-rater reliability of four SARN cases with a sample of seven expert raters. Results indicated high inter-rater reliability amongst these participants. Study 2 examined the reliability of SARN with two samples who had received training before supplying inter-rater data (N=88). Results provided some support for the reliability of SARN. However, strength of reliability was dependent upon the method of analysis applied (percentage agreement, Cohen's Kappa, intra-class correlation coefficients). These results are discussed in terms of their clinical and methodological implications.