不动产为什么要登记——以1949年之后中国土地登记为例的历史考察

1949年以来,中国的土地登记分别经历了建国初期的以推动生产力发展为根本目的到改革开放之后以实施土地管理和确认、保护土地产权为主要目的,再到2002年以来彰显公示物权变动、保护土地物权交易安全的目的。中国未来的土地登记将仍然具有多元目的,其中,确认、保护土地物权和保护土地物权交易安全将会成为两大主要目的。至于土地登记的行政管理目的能否被削弱,要视不动产统一登记机构的设置而定。     

杭州“豆腐渣”工程为何难定去留

一个明显存在质量缺陷的工程引发的诉讼，最终会在司法机关得到裁决，但不管结果如何，人的生命安全总得有人去负责。     

Poetic Justice: Why Sex-Slaves Should be Allowed to Sue Ignorant Clients in Conversion

In this article I argue that clients who purchase commercial sex from forced prostitutes should be strictly liable in tort towards the sex-slaves. Such an approach is both normatively defensible and doctrinally feasible. As I have argued elsewhere, fairness and equality demand that clients compensate sex-slaves even if one refuses to acknowledge that fault is involved in purchasing sex from a prostitute who might be forced. In this article I argue that such strict liability could be grounded in the tort of conversion, and not only (as argued elsewhere) in battery. Since the quintessential experience of sex-slaves is that of being treated as chattels, the appropriate legal response is to allow them to benefit from the strict liability imposed on those who interfere with an owner’s dominion over his property. Accordingly, sex-slaves should be viewed as both subjects and objects. As subjects they can sue clients for the violation of their sexual autonomy manifested by their treatment as objects. This approach is both advantageous to sex-slaves, in the sense it affords them protection that might not otherwise exist, and fair, since the ultimate response to the objectification of sex-slaves by clients should be to afford the former a proprietary-based claim against the latter. I further explain why my approach is not problematic on conceptual grounds, anti-commodification sentiments or feminist concerns with the symbolic message of my solution: that the law treats women as property.     

The public health implications of United Kingdom offender healthcare policy: a holistic approach to achieve individual and societal gains

In 2009, two seminal documents were published by the United Kingdom (UK) government concerning healthcare services for offenders. The Bradley review into diversion for people with mental health problems and learning disabilities emphasised a need to improve offender health, not least because of the high economic costs to society as a whole resulting from unresolved mental illness, physical ill-health and substance abuse problems commonly experienced by offenders. The Bradley review made wide-reaching recommendations for change, requiring strong partnership between health and justice agencies at both central government and local levels. A framework for the delivery of Bradley's recommendations has been set out in Improving health, supporting justice, the Department of Health's offender health strategy which sets out the direction of travel for the next 10 years.This paper discusses the reality of working toward improving health services for this marginalised group in the context of the influence of the current straitened financial climate on the allocation of resources to publically funded healthcare in the UK; it examines the historically based, and widely held, belief in the principle of “less eligibility” within our society, whereby there is much public and media resistance to allocating resources to improving care for offenders when other, more “deserving”, groups are perceived to be in continuing need.     

Homicide-suicide - an event hard to prevent and separate from homicide or suicide

Suicide preceded by homicide is a rare but tragic event that often shocks the whole community. Annual rates show considerable variation, though not as great as the incidence of homicides. Within the industrialized nations, Finland's prevalence rates for homicide-suicide have been mid-range. The National Suicide Prevention Project recorded and carefully analysed all suicides committed in Finland during a 12-month period. In this material of almost 1400 suicides, 10 verified homicide-suicide cases were found. The perpetrator was male in all but one case, and all the victims were family, 9/10 being spouses and/or children. The most typical homicide-suicide seemed to be a man shooting a family member during a separation process. No perpetrator was found suffering from a psychotic disorder but three had major depression. The homicide-suicides were compared with the suicides and statistically significant differences emerged in two variables: shooting was more often the method used in the homicide-suicide cases, which, furthermore, were more likely to involve a divorce or recent rupture in another long-term intimate relationship. Sharing few common variables with either homicide or suicide, homicide-suicide appears to be a distinct phenomenon whose prevention would seem to be extremely difficult on the individual level. Since shooting is the most common method of homicide-suicide, firearm licenses should be more restricted.     

Keeping the Family Together: Why New York Must Amend Evidence Rules to Protect a Parent's Right to be a Parent

In New York, hearsay statements made by children may be admissible in a child protective proceeding. Under Article 10 of the Family Court Act, an out‐of‐court statement only requires corroboration to support the statement's reliability. The Family Court has the choice to determine what evidence will be sufficient for corroboration. In comparison to other statutes from different states, New York's statute is very broad. This Note proposes amending the current evidence statute under Article 10 of the Family Court Act to strengthen the standard for admitting hearsay statements in child protective proceedings.     

Pat‐Downs But No Hugs: Why Prison Visitation Protocol Should be Changed to Help Keep Familial Structures Intact

In the United States there are almost three million children who have one or both parents incarcerated. Parental incarceration negatively impacts children in several ways. Visitation protocol varies across facilities nationwide with no modification in protocol for minors. Parental rights are disrupted by visitation protocol because of cost‐prohibitive access and extreme security measures. This Note proposes a model statute that would change visitation protocol to facilitate a clear‐cut set of visitation processes that are tailored to ensure prison safety while also fostering and maintaining a positive relationship between a minor child and his/her incarcerated parent.     

Outside the brackets: Why school administrators fail to see gendered harassment within an antibullying law

Much of school bullying involves students policing the gender roles and sexuality of other students. The proliferation of antibullying laws presents an opportunity to formally punish and mark gendered harassment as unacceptable. However, when this form of peer policing involves girls, administrators often consider it to fall outside the purview of the law. We use bracketing theory to understand how middle school administrators in New Jersey assess whether student behavior violates a statewide harassment, intimidation, and bullying law. We find that, according to administrators, violations require relational asymmetry between an aggressor and victim: an imbalance of power and disproportionate participation. Administrators rarely see gendered harassment as bullying because of the relational stereotypes they attach to girl students, which often preclude interpretations of relational asymmetry. We discuss how gender beliefs among administrators and “bracketing failures” explain the ways antibullying laws allow hegemonic beliefs about gender and sexuality to remain untroubled.