对"牛吃麦"案例的另一维度的解释——英、美土地制度和财产制度的变迁

科斯定理是从经济效益的角度来分配权利的,它的"拍卖式"法律价值取向贯穿于美国土地制度与财产制度的发展历程.在与科斯定理相关的"牛吃麦"案例上,美国初始选择了"圈出"规则,后又转向"圈入"规则,其规则的变动始终遵循着"经济效益最大化"原则;而英国自始至终选择了"圈入"规则,早期是为了维护公共财产利益,之后是为了维护私有财产利益,在这过程中,"权利保护原则"是其不变的宗旨.科斯定理纯粹从经济效益的角度来解释有着相同法治渊源与传统的英、美两国在"牛吃麦"案例上所适用规则的差异性,欠缺历史维度的法律分析.     

Metaphor and Metonymy: An Analysis of R.A.V. v. city of St. Paul Minnesota

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -     

Review of S. B. Chetverikov,Who Makes U.S. Policy and How

This book is devoted to current problems in the working of the organs of government and administration of the United States, the functioning of the mechanism for the development, adoption, and implementation of its political decisions, and the interrelation and coordination of the actions of various links in its governmental machinery. It is a thorough investigation of questions of public law in the United States. The author makes clear the distinguishing features of the development of the governmental mechanism in the USA during the present period, the internal processes occurring in the political system of the imperialist state, and the contradictions inherent in it. Chetverikov directs the reader's attention to a number of issues in the present development of the system of governmental administration in the USA that have been inadequately treated in the Soviet legal literature. They include the rising political role of the bureaucracy and the tendency for it to elude control by the higher authorities, including the president; the unique character of the present stage of the fusion of the government machinery and the monopolies; the formation of a "triple alliance" made up of permanent bureaucracy, monopolist "interest groups" (consisting of lobbying organizations exercising "influence" favorable to the monopolies on government bodies), and the working machinery of Congress; the inflation of the governmental machinery and its "monopolist degeneration."     

Violence and the U.S. prohibitions of drugs and alcohol

This paper examines the relation between prohibitions and violence,using the historical behavior of the homicide rate in the UnitedStates. The results document that increases in enforcement ofdrug and alcohol prohibition have been associated with increasesin the homicide rate, and auxiliary evidence suggests this positivecorrelation reflects a causal effect of prohibition enforcementon homicide. Controlling for other potential determinants ofthe homicide rate does not alter the conclusion that drug andalcohol prohibition have substantially raised the homicide ratein the U.S. over much of the past 100 years.     

Keegstra and R.A.V.: A Comparative Analysis of the Canadian and U.S. Approaches to Hate Speech Legislation

This article argues that the similarities and differences in the approaches and outcomes of the Canadian and United States cases on hate speech are reflective of the similarities and differences in two basic worldviews-communitarianism and liberalism. The article briefly explores the two views, sets out the Keegstra and R.A.V. cases and concludes that the approach in Keegstra reflects a communitarian philosophy while the approach in R.A.V. reflects the liberal philosophical position.     

A comparison of educational processes at similar U. K. and U. S. institutions of higher learning

The structure and organization of the middle tier of higher education in similar institutions in the U. K. and U. S. are compared to draw conclusions on the effect which differences and similarities have upon the quality of the educational process, its cost-effectiveness, student independence and maturity, faculty load, relationships with business, industry and government.     

美国环境规制与成本—收益分析

基于对20世纪1970年代环境规制的高社会经济成本的反思,成本—收益分析在美国环境规制领域愈来愈受到重视。关注美国环境行政规制中的成本考量,有助于我们正视环境问题的复杂性,反思本国环境行政实践中的某些盲目和失误,可以避免因为不恰当的规制方式带来更加严重的环境损害后果。     

Post-mortem examination and certification of death under G.D.R. law

Post-mortem examination and certification of death in the G.D.R. are regulated by the Order on the Medical Post-mortem Examination (O.M.P.E.) issued in 1949 and confirmed in 1978. The tasks of the doctor certifying death are described as well as the co-operation between police, district attorney, and pathologist, and legal doctor, respectively, in all cases of death 'under suspicious circumstances.' Medical as well as judicial aspects of post-mortem examination are discussed.     

U.S. v. Glatfelter and NCR Co. v. George A. Whiting Paper Co.: Seventh Circuit's Latest Interpretation of CERCLA Liabilities

Although a crucial part of the federal government's legal arsenal against polluters in environmental enforcement actions, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is nevertheless an ambiguously and confusingly drafted statute requiring constant judicial interpretations of its application in litigation. Last year, several decisions delivered by the Court of Appeals of the Seventh Circuit have provided the latest interpretations, particularly further distinguishing between sections 107 and 113 claims, as well as clarifying apportionment and allocation of liabilities. This article discusses these decisions and tries to analyze their impact on future CERCLA litigations.     

美国的法律家长主义理论与实践

在美国法上,法律家长主义是指法律为了当事人自身的利益而限制其自治。在理论上,对法律家长主义争论主要是从法律经济学和法律价值论两个维度进行的,对家长主义式的规定有无效率、法律是否应保持价值中立和自治这一价值在法律中的地位进行探讨。在实践中,法律家长主义在美国合同法、行政法和宪法中有着广泛的应用,对当事人的缔约自由、表达自由、平等权等进行限制,对市场经济和社会保障中的某些行为予以规制。     

T. Squatrito,O.R. Young,A. Follesdal,and G. Ulfstein (eds.), The Performance of International Courts and Tribunals

Netherlands International Law Review -