美韩两国在城市更新改造和住房供给中的公正性问题研究

城市的更新和改造是现代城市规划的一个重要组成部分,这其过程中的公正性也是各国公众普遍关注的问题？本文以美国和韩国为例,回顾了这两个国家在城市更新和改造的历史进程,以及它们在制订政策用以解决和改善在诸如暴力拆迁和低收入群体住房短缺等方面的问题,并指出美韩两国在缺乏强制性行为、补偿定义的狭义化、决策及公正性等方面仍然面临诸多挑战．     

美国行政执行法律制度

美国的行政执行制度有着迥异于其他国家尤其是大陆法系国家的理解而具有更为宽泛的内涵。该制度的有效实施决定了美国行政机构两大行政职能———制定规则和行政裁决的充分实现。     

Legal Treatment of Cohabitation in the United States*

This article discusses the variety of ways state legal systems in the United States treat cohabitation, both by same-sex and heterosexual couples. The different approaches are described along a spectrum that ranges from one extreme, under which cohabitants have essentially no rights against one another or against third parties, to the other extreme, under which cohabitants are to be treated as though they were married under state law. Different areas of law are discussed, including the rights of cohabitants both against one another (remedies upon dissolution, inheritance) and against third parties, such as state benefits, tort claims, health-related benefits, and rights concerning children. The article concludes with speculations concerning why the remedies offered to cohabitants in the United States are so limited, as compared with other countries.     

A newspaper surveillance study of homicide-suicide in the United States

The objective of this study was to identify the number and subtypes of homicide-suicides in the United States by age group and state over a 3-year period from 1997 through 1999. A total of 673 homicide-suicides, including 674 perpetrators and 779 victims, were identified from Internet searches of 191 national newspapers, and they were classified according to a modified Hanzlick-Koponen typology. One quarter of the homicide-suicides were perpetrated by persons 55 years or older, and 77% were spousal/consortial, higher than the 57% observed in the younger age group; 11% of the older homicide-suicides were familial, compared with 16% in the younger age group. Whereas only 3% of older homicide-suicides were infanticide/pedicide, 16% of the younger homicide-suicides involved parents killing their children. Forty-five states, including the District of Columbia, reported a homicide-suicide during the 3-year period, and they occurred most frequently in Florida (163), California (98), Texas (36), and New York (35). Newspaper surveillance is useful to identify where homicide-suicides are occurring most frequently, but they are underestimates of the true prevalence. However, the number of incidents detected is large enough that the cases detected may be a fairly representative sample.     

Comparative Sociology of Law: Legal Fields, Legal Scholarships, and Social Sciences in Europe and the United States

This article attempts to gain a better understanding of the sociology(ies) of law in a comparative perspective through a structural and comparative explanation of the American and the French legal fields. It is argued that comparative sociology of law will not be able to explain the difference among countries, scholars, movements, and schools of thought in short, it will not be able to compare—as long as it avoids the analysis of some social and cultural presuppositions related to the context in which these differences take place. It focuses mainly on two of these presuppositions. First, legal fields, with their history, their internal structure, and their power relations, and second the type of relation between the legal field and the state. The empirical examination provided in this article explicitly seeks to offer insights for the reconstruction of Bourdieu's structural theory of the legal field.     

Role of law enforcement training commissions in the United States

The results of a survey of thirty-nine state law enforcement training commissions are presented. Information on historical development of the commissions, scope of responsibility, organizational structure, and the current status of education and training activity is included.     

美国法律援助制度简介

在美国,刑事法律援助与民事法律援助分属两个不同的系统。刑事法律援助是联邦宪法明确赋予公民的一项重要权利。因此,在联邦法院系统和绝大多数州的法院系统审理刑事案件中,犯罪嫌疑人和被告人都能够得到由政府财政保障的法律援助。美国的民事法律援助远不如英国有充分的资金保     

Individual Dismissals in Europe and the United States: A Model on the Influence of the Legal Framework on Firing Costs

In this article, we present a model of individual dismissals based on the workers' right to file a suit against their employer arguing that the dismissal is unjustified or unfair. The model is a standard pre-trial bargaining game between a firm and a worker. We study two cases: when the law states the severance pay for unfair dismissal (the European case), and when judges can decide freely on the compensation to be paid to the worker (the American case). The model provides some guidelines for Labour Law reforms. In the European case, a decrease in the severance pay for unfair dismissals fixed by law will decrease the severance pay offered by the firm, and only under some assumptions will decrease the expected firing cost and will increase the settlement probability. In addition, the transition from the European to the American case is likely to increase the probability of settlement (and to decrease it in the opposite case) with ambiguous effects on agreed severance pay and expected firing costs.     

Legal Regime and Contractual Flexibility: A Comparison of Business's Organizational Choices in France and the United States during the Era of Industrialization

We compare the law governing business organizational forms inFrance and the United States during the nineteenth century andfind that, contrary to the conventional wisdom, the contractingenvironment in the U.S. was neither freer nor more flexiblethan in France. U.S. businesses had a more limited menu of organizationalchoices and also much less ability to adapt the basic formsto meet their needs. Moreover, American law did not evolve anymore readily in response to economic change than French law.In both nations, major changes in the rules governing organizationalforms required the passage of new statutes.     

Corrections in Israel and the United States: A Comparative Analysis

The general underlying philosophical intent of corrections in both Israel and the United States is the restoration of the offender to a productive role in the community. Since the correctional intent is essentially the same, it is not surprising that the systems established to implement this aspiration are rather similar and exhibit many of the same ambiguities, weaknesses, and frustrations. The focus of the paper is on two correctional alternatives: incarceration and probation.

As in America, Israel's prisons are overcrowded; most of the correctional facilities are unfit for human habitation; sanitary conditions are poor; occupational, vocational, and educational opportunities are virtually non-existent; and rehabilitation exists in name only. The recidivist rate of criminal offenders is as high in Israel as in the U.S. Various Israeli commissions in recent years have decried the prison conditions and have called for reform but, again as in the U.S., the problem has defied an acceptable solution.

Israel's probation services are part of the country's social services delivery system rather than the penal or judicial systems. That is the case because, unlike the U.S. conception, probation in Israel is not considered a punishment. Probation services are utilized by the Criminal Justice System, but organizationally they are not part of it. Still, the functions carried out by the Israeli probation officers very much resemble those of their counterparts in the U.S. Probation services in Israel have not expanded in recent years, even though the number of incarcerated offenders has increased.

Corrections has never been a priority in Israel and will not be so long as the country remains preoccupied with security matters. On the other hand, the crime rate continues to increase and so does the prison population. Consequently, the country's correctional problems and policies, in all their dimensions, should be re-examined, and the sooner the better.     

Physicians' conflicts of interest in Japan and the United States: lessons for the United States

Japanese health policy shows that even with physician ownership and the absence of for-profit, investor-owned health care, physicians' conflicts of interest thrive. Physician dispensing of drugs and ownership of hospitals and clinics were justified in Japan as ways to avoid commercialization of medicine. Instead, they create physicians' conflicts and fuel patient overuse of services. Japan's Ministry of Health and Welfare (MHW) has responded by introducing per-diem payment, thereby creating incentives to decrease services in ways similar to those of American managed care organizations, but with none of their benefits, such as coordination of care, oversight of physicians practices, and quality assurance. Although the United States and Japanese health care systems are organized and financed differently there is convergence in the source of their physicians' conflicts and the way they are addressed. The United States is starting to integrate institutional and physician payment and align their incentives, in a traditional Japanese way. In so doing, the United States creates new physicians' conflicts and reduces the role of countervailing incentives and power, an advantage of previous policy. Japan, in turn, has combined incentives to increase and decrease services, thus moving closer to the U.S. policy.     

中美律师继续教育比较研究

现代市场经济的竞争,实质是科技和人才的竞争,律师业也不例外。律师要争得应有的地位,求得长远的发展,最根本的是依靠自己能够存国家的民主法制建设中、在经济与社会的发展中发挥举足轻重的作用,能够为社会、为当事人提供高效优质的法律服务。要做到这一点,所有律师必须不断更新知识,学习掌握国内、国际新法律、新业务。律师行业是精英行业,这种精英需要终生学习修炼。     

Software patents in the United States: A balanced approach

This paper tracks the interesting journey of software patents in the United States from both a historic and current standpoint. The U.S patent system has drifted from being strict in the 1970s to being fairly lenient in 1990s and now again strict since 2007. The revolutionizing and famous Bilski case that is redefining the boundaries of software patents is described, and the impact of this Court case on software patents is discussed. The challenges in issuing software patents in terms of proving novelty and non-obviousness are presented in an attempt to bring forward some of the questions in the software patent debate. The uniqueness of software as an invention is analyzed to understand why software should be considered differently compared to other industries. The advantages and disadvantages of software patents are discussed. The paper concludes by providing recommendations and proposing a balanced approach to software patents.     

Criminal justice education in the United States: A profile

Various commissions from the Wickersham (1931) to the National Advisory Commission on Higher Education for Police (1978) have called for the upgrading of police educational levels. Junior colleges, colleges and universities have responded by creating a plethora of educational programs. However, currently, little is known about the nature, form, or practice of criminal justice education in the United States. In attempting to fill this void, data from the Law Enforcement Education Program (LEEP) are presented concerning the number of students, criminal justice majors, and degrees awarded as well as institutional control, location, and type. These previously unpublished data are presented in a primary form (frequency distributions and cross-tabulations) to allow the reader to draw conclusions about the nature and scope of criminal justice education. Brief interpretations, however, are provided.