THE U.S. CIRCUIT JUDGE NOMINATING COMMISSION

This article examines the institution of the U.S. Circuit Judge Nominating Commission as a new actor in the recruitment process to the federal judiciary. The mandate and operation of the commission are examined and, through the utilization of mailed questionnaires, the research attempts to tap the decisional criteria employed by commission members. Criticisms of the commission and its operation are developed utilizing questionnaire responses as well as documents comprising the commission mandate. The implications of "merit" recruitment for both the district and appeals courts are examined.     

论美国管制征收的认定标准

管制征收是在政府管制日益增多的情况下,为了保障私人使用不动产的权益而在美国产生的一种新型的征收理论。只有符合一定的标准才能认定政府对私人使用不动产的管制转化为征收,即出现了管制征收。美国管制征收的认定由价值减损标准、违宪条件标准、明确的投资回报期待以及政府行为的性质等四个主要标准来认定。     

S.O.S. or Subsidy for Our Screen and An Examination of Subsidy Abroad

Discourse about the impact of art has been prominent in academic and arts industry discourse over the past two decades. Contention in the discourse has led to the call for new research frameworks that place the experience of the individual as central to understanding the impact of art. The authors present the background of this discourse and outline narrative inquiry as a research method that elicits individual experiences. The authors present the findings of a narrative inquiry and establish that the way individuals experience art and its impact is far broader in scope than previous research suggests.     

Carbon monoxide poisoning. Five-years' experience in a defined population.

A review is presented of 302 cases in East Denmark in 1982-1986 in which the manner of death was fatal carbon monoxide (CO) poisoning. The incidence of this far too frequent single-substance poisoning has as yet not decreased over the years despite preventive measures. The number of fatal CO poisoning cases may diminish as a result of a natural gas project in progress. The purpose of this survey, therefore, is to contribute to the evaluation of the actual causes of these fatal poisonings in East Denmark, and to discuss existing measures that prevent gas poisonings, in the expectation of a decline both in gas suicides and in accidental gas poisonings within the next few years.     

Law Is the Command of the Sovereign: H. L. A. Hart Reconsidered

This article presents a critical reevaluation of the thesis—closely associated with H. L. A. Hart, and central to the views of most recent legal philosophers—that the idea of state coercion is not logically essential to the definition of law. The author argues that even laws governing contracts must ultimately be understood as “commands of the sovereign, backed by force.” This follows in part from recognition that the “sovereign,” defined rigorously, at the highest level of abstraction, is that person or entity identified by reference to game theory and the philosophical idea of “convention” as the source of signals with which the subject population has become effectively locked, as a group, into conformity.     

U.S. SOCIAL STRUCTURE, CRIME, AND IMPRISONMENT

This research develops a structural model of crime and imprisonment in the United States from data on 49 states which was evaluated through a series of path and regression analyses. The major findings revealed that crime rates were effectively predicted by social structural characteristics, primarily urban population characteristics, and in turn that prison admissions were predicted by crime rates. Prison releases were not as strongly influenced by structural characteristics as crime rates and prison admissions; however, prison admissions were found to significantly affect releases. Variations in social structural determinants of violent and property crimes were also observed. The implication of these results ore discussed and suggestions for future research are presented.     

The Ge.F.I. DNA Proficiency Test: Year-one experience

The Ge.F.I. (the Italian Speaking Working Group of ISFG) has launched the first DNA Proficiency Test in 2012. The aim is to increase the external quality controls in forensic genetics in Italy and to drive to the standardizations of methods within the laboratories. Reference and mixed stains typing as well as statistical exercises were proposed and 26 laboratories submitted results.     

The Politics of Appointment and the Federal Courts'Role in Regulating America: U.S. Courts of Appeals Judgeships from T.R. to F.D.R.

Historians and political scientists have noted that appointments of judges to the U.S. Courts of Appeals are not determined by senatorial courtesy alone. What has not been adequately explained is why and when a president defers to a senator's choice rather than seek to control the selection. This article attempts to understand the politics of federal appellate court appointments. The author first identifies a major change in the work of the courts of appeals during the years 1900-1945—the growth in review of the actions of newly created federal regulatory agencies. Then, by examining Justice Department files and presidential correspondence, he discoveres three patterns of appointment emerging in the same period. The patterns vary with presidential perceptions of the role of the federal government and of the courts of appeals' ability to affect accomplishment of administration goals. Appointments during the first years of the presidencies of Theodore and Franklin Roosevelt and during the Harding and Coolidge administrations were dominated by patronage concerns. Those administrations yielded to the recommendations of senators and demonstrated no interest in the policy-making potential of these courts. In the two other patterns the White House played a more active role, with senators more often deferring to the president's selection. Concerns about professionalism dominated selections in Taft's and Hoover's administrations: because they recognized the policy importance of those judgeships but saw the role of government as limited, they sought judicial craftsmen who would make policy only incrementally. Policy concerns dominated selections during Wilson's administration and the latter years of both the Roosevelts' administrations: Justice Department officials screened nominees to determine their policy orientation, because federal appellate court judgeships were perceived as crucial policy positions that could affect the president's ability to implement his reform programs.     

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.     

Apprehension productivity of police in large U. S. cities

The apprehension productivity of police in a sample of large U.S. cities was analyzed to determine the variations in apprehension rate between cities and within cities, over time, using Part I arrests per sworn officer as an indicator of arrest productivity. It was found that wide variations exist, both between and within cities over time, when arrest productivity is measured by that ratio. When comparing cities, the range in that measure went from a high of 12.06 to a low of 2.18. Changes within cities over the time period 1968 through 1973 varied from as much as a 47.7 percent increase to a 39.4 percent decrease. An analysis was performed to determine whether crime workload (reported Part I crimes) or police resources (sworn officers) had the greater influence on the generation of arrests. Because of multicollinearity between the variables, it was not possible to conclude which had the greater influence.     

Medicolegal anthropology in France.

Medicolegal anthropology has a very long history in France. Basic studies on human skeletal remains started as early as the 18th century. The 19th century produced many medical theses and research papers on age, sex, as well as stature estimation. The research proliferated in the first 60 years of the 20th century, much of which is still in use in France and abroad. The later half of the 20th century, however, was dormant in research on human skeletal biology at a time when forensic anthropology was becoming an active field worldwide. In the last decade, medicolegal anthropology took a different perspective, independent of its traditional roots. Research and practice have both been in the professional domain of forensic physicians unlike the situation in many other countries. Population based studies requiring large databases or skeletal collections have diminished considerably. Thus, most research has been on factors of individualization such as trauma, time since death, crime scene investigation, and facial reconstruction. It is suggested that there is a need for cooperation between the forensic physician and anthropologist to further research. This also encourages anthropologists to carry out research and practice that can fulfill the needs of the medicolegal system of the country.     

发展中国家应对美国碳关税策略分析

美国众议院2009年6月底通过了《美国清洁能源安全法案》。法案允许美国对来自没有采取与美国相当的温室气体减排措施国家的高能耗、初级进口产品征收"碳关税"。这对于经济技术水平明显落后于发达国家的发展中国家而言,无疑又是一种新的贸易壁垒。对此,发展中国家应该积极行动,通过建立南北自由贸易区、推动在联合国框架内的气候谈判以及积极参与碳标准制定等方式积极寻求对美国"碳关税"壁垒的突破。在减排与贸易、环保与经济增长间寻得平衡发展。     

建国初期司法改革运动述评

建国初期的司法改革运动是新中国法制建设史上的重大事件。开展此次运动是当时巩固人民政权、实行人民民主专政、维护革命秩序的要求,成绩很大。但是由于对旧法观点包括西方资本主义国家的法律思想未能采取实事求是的态度而予以全盘否定,对新中国后来的法制建设和法学发展产生了不可低估的负面影响。回顾、总结此次运动的经验和教训,正确处理法律的阶级性与普世性、司法与政治、司法官职业化与司法大众化以及司法程序化与司法便民化之间的关系,对于当前进行的司法体制和工作机制改革具有重要的现实意义。     

PROACTIVE POLICING AND ROBBERY RATES ACROSS U.S. CITIES*

In recent years, criminologists, as well as journalists, have devoted considerable attention to the potential deterrent effect of what is sometimes referred to as “proactive” policing. This policing style entails the vigorous enforcement of laws against relatively minor offenses to prevent more serious crime. The current study examines the effect of proactive policing on robbery rates for a sample of large U.S. cities using an innovative measure developed by Sampson and Cohen (1988). We replicate their cross-sectional analyses using data from 2000 to 2003, which is a period that proactive policing is likely to have become more common than that of the original study—the early 1980s. We also extend their analyses by estimating a more comprehensive regression model that incorporates additional theoretically relevant predictors. Finally, we advance previous research in this area by using panel data, The cross-sectional analyses replicate prior findings of a negative relationship between proactive policing and robbery rates. In addition, our dynamic models suggest that proactive policing is endogenous to changes in robbery rates. When this feedback between robbery and proactive policing is eliminated, we find more evidence to support our finding that proactive policing reduces robbery rates.     

Shrinks vs. shysters

In 1976, the Pennsylvania legislature passed a new mental health law which was designed to give civil and due process rights to the mentally ill, as well as to speed up the deinstitutionalization process. The psychiatric profession voiced loud disapproval of the new law. The public interest bar entered the issue, opposing the psychiatrists. In 1978, the law was amended, and most of the hard-won patients' rights were lost. This paper analyzes the reasons behind the psychiatric demand and victory, as well as the reasons for the lawyer's unsuccessful opposition, using two similar battles, one fought in the British Parliament in the eighteenth century, and one in the California legislature in the early twentieth century. Conclusions are drawn concerning the reason for the legislative “turnabout,” and predictions concerning the course of future battles are made.     

The C.T.A. case: A study in political corruption

Between 1984 and 1987, a wide-ranging corruption scandal in Pennsylvania resulted in the conviction and disgrace of a number of high-ranking elected officials, as well as the much publicized suicide of state Treasurer R. Budd Dwyer. This C.T.A. case initially appeared to be a straightforward and almost commonplace affair involving bribes and kickbacks to secure state contracts; but on further examination, this seemingly uncomplicated case can be shown to have involved elaborate conflicts at both state and federal level, and the direction and outcome of the prosecution were heavily influenced by political factors and bureaucratic self-interest.This paper will provide a narrative of the C.T.A. case and related incidents, and also describe the external factors which shaped the investigation. Particular emphasis will be placed on the complex relationship between state-level political interests and the activities of federal prosecutors. The C.T.A. affair offers an excellent illustration of the difficulty of gaining an accurate understanding of even an apparently simple case of political corruption, and the implication is that more elaborate incidents are even less amenable to any kind of academic or social scientific observation. The case can only be understood if full account is taken of the prosecutorial and investigative process which turned the original illegal transactions into a full-blown public scandal, factors which are often insufficiently emphasized in research on political corruption.     

美国现代司法审查的兴起

我们今天所看到的美国司法审查是司法审查发展的现代阶段。早期阶段的司法审查被认为是一种对抗立法暴政的革命行动,是一种政治色彩极强的行为。在马歇尔法院的推动下,司法审查由早期阶段进入了传统阶段。司法审查被赋予了浓厚的法律色彩,成为法院日常工作的一部分。19世纪末司法审查进入了转型阶段,法院用实体性正当程序去审查规制经济领域的立法。转型阶段预示了现代司法审查的到来。宪法和司法观念的转变、1937年的宪法革命和沃伦法院的推动共同促使了现代司法审查的兴起。现代司法审查的特征是对美国政治生活中司法部门的立法地位更为明确地接受。司法性立法被认为是法官无法推却和非常必要的职责。     

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.     

Sidney Kaye, Ph.D. Internationally renowned forensic toxicologist

The importance of Dr. Sidney Kaye's contributions in the field of forensic science cannot be over-emphasized. He can be called a pioneer in the field of forensic science and forensic toxicology because of the many contributions he has made to analysis, the literature and poison control, as well as activities in alcohol and drug analysis. He has been fortunate in being a part of history through his relationship, as a student, to Dr. Alexander Gettler, the founder of modern-day forensic toxicology, and by working with Dr. Gradwohl in Saint Louis, Missouri in the 1950s, when the American forensic sciences were being organized. Dr. Kaye is one of the founders of the American Academy of Forensic Sciences, the foremost and largest forensic science organization in the World. It is for these reasons that he received the Alexander O. Gettler Award by the Toxicology Section of the American Academy of Forensic Sciences, for outstanding analytical achievements in forensic toxicology, at the annual meeting of the American Academy of Forensic Sciences, in Las Vegas, Nevada, on February 14, 1985.     

Re-visiting Mr. Nice. On organized crime as conversational interaction

Studies of organized crime often seem to have focus almost exclusively on its functionality and rationality. Many researchers tend to construct organized crime as an object, and then to find relations between ‘it’ and its environment. The focus then is on organized crime as a goal-driven object. This view holds that success in crime depends on the roles and tasks people assume. It equates success in crime with functional secrecy and obedience, and therefore with stability. Researchers are seldom interested in everyday, informal elements and events such as coincidental encounters that may occur in everyday life, or personal relationships which have no direct connection with criminal activities. Inspired by the work of Watts and Strogatz [84] and Stuart Kauffman [38, 39], this paper attempts to suggest a complementary perspective on organized crime. The focus here is on the messiness and unpredictability of everyday relations and interactions. This paper illustrates the usefulness of this alternative perspective through a re-reading of Howard Marks’ ego-document which was analysed earlier by Carlo Morselli in his work on network dynamics and criminal career opportunities.