Bureaucrats and Indians in a Contemporary Colonial Encounter

This article investigates the effects of the National Environmental Policy Act of 1969 in structuring an encounter over a decision about building a dam in central Arizona. From the vantage point of three groups with deepinvestments in the outcome of this decision, it analyzes how the interests and identities of these parties were transformed as a result of this encounter. In defining standing and the terms of relevance, in providing a political forum, and in requiring these groups to explain themselves to others, this law powerfully mediated the politics surrounding this controversial decision.     

Bureaucrats’ corruption and competition in public administration

Competition in public administration is often advocated as a solution to bureaucrats’ corruption. However, there are no well developed analyses of how competition could succeed and the issue of its detailed design has not been carefully addressed so far. In this paper, we put forward a series of models that help understand what competition in public administration can actually accomplish. We distinguish two different shapes that corruption may take: bribery and extortion, and we demonstrate, under the usual assumption of asymmetric information as to the honesty of the bureaucrats, that while competition is effective in fighting extortion it exacerbates bribery. Given that corruption normally manifests itself simultaneously under the two different shapes, an anti-corruption policy based upon competition is bound to face a serious trade-off: trying to curb one of them through competition implies making the other worse. This result holds, with some differences, under exogenous and endogenous bureaucrats’ “honesty”. The dual aspect of corruption is probably one of the most serious—and so far largely neglected—obstacles to any effective anti-corruption policy.     

论中国古代民本思想与吏治的互动关系

民本思想在中国古代的政治法律实践中占有重要的地位。在以皇权政治为主导的背景下，民本的深层内涵和最终目的是要保障皇权之稳固。君与民之间的官吏阶层，是实现民本思想的具体实施者。要在制度上保障民本思想的具体落实，就要治理官吏特别是要防止官吏贪腐。因此，产生了以维护皇权为根本的民本与吏治之间的互动关系。     

Punishing corporate criminals with restraint

This article is a revised version of a paper originally written for, and presented at, the eighth international conference of the Society for the Reform of Criminal Law, Hong Kong, December 4–8, 1994. Parts have been published in Don Stuart,Canadian Criminal Law 575-91 (3d ed. 1995).     

Physical restraint in polish psychiatric facilities

Physical restraint in the form of direct force, forced feeding and medication, mechanical restriction of bodily movement, or the threat of force was administered to close to 30% of patients admitted and hospitalized for a period of at least fourteen days. In transporting the patient to the admission room and then to his treatment ward, the dominant form of restraint used was direct force, or the threat of such force. During the following fourteen days of hospitalization, mechanical restraint and forced medication predominated. Restraint was applied most often, across each of the four phases of the study, to patients deemed dangerous to self or others. This relationship became significantly stronger as the period of hospitalization continued. Across the four phases, patients who protested their hospitalization were more likely to be restrained than patients who agreed to it or who did not object. During each of the four phases of the study, numerous patients who did not object to their hospitalization and who were not deemed dangerous were nevertheless subjected to restraint. The pervasiveness of physical restraint, the wide inter-hospital differences in its use, the apparent over-prediction of patient dangerousness, and the use of restraint with patients who were not deemed dangerous and who did not object to their hospitalization, confirms the need for legal and ethical regulation of physical restraint of psychiatric patients.     

Physical restraint and the therapeutic relationship

The role of the forensic mental health nurse has led to many debates due to the conflicts between security and therapeutic aspects of their role. Physical restraint is a security element of the role which may have an impact on their ability to work therapeutically with patients. This study examined the impact of physical restraint on the nursing staff–patient therapeutic relationship. This was investigated in a secure unit in the North of England. Eight semi-structured interviews were conducted with patients across the service, and thematic analysis was undertaken. Five themes were identified from the data which highlighted the impact of the physical restraint as a power imbalance, the experience as traumatic, the importance of justification, the negative attributes and motives of some staff and the impact of coping with powerlessness. Clinical implications and research recommendations are discussed further in this article.     

反恐侦查中的监听权力规制

监听在反恐情报收集中的广泛采用,一方面丰富和发展了侦查机关的侦查手段,有利于打击和惩罚恐怖犯罪;但是另一方面也导致国家刑事侦查权力的膨胀和扩张,从而对普通公民的权利形成更大的威胁。面对这种境况,必然要求在侦查的必要性与保障人权的基本要求之间寻求调谐。     

Interpreters of International Economic Law: Corporations and Bureaucrats in Contest over Chile's Nutrition Label

This article analyzes the everyday interpretive practices of corporations and bureaucrats that shape the meaning and force of international economic law. To understand how common practices such as public consultation submissions, corporate threat letters, and external legal assistance influence regulators' understanding of their “legally available” policy space, we study the contested introduction of a pioneering nutrition labeling regulation in Chile. The transnational food industry powerfully challenged the regulation's legality under World Trade Organization law. But Chilean health bureaucrats, in coordination with segments of the country's legally highly competent economic bureaucracy, effectively defended the legality of their proposed regulatory measure. Drawing on data from freedom-of-information requests and in-depth interviews, the article argues that the outcomes of such interpretive contests are substantially shaped by participants' knowledge of the entitlements created by international economic law and thus by the international legal expertise they have access to. This often but not always puts transnational corporations at an advantage over national regulators in the strategic interpretation of international economic law.     

精神障碍患者约束和隔离措施的法律规制

约束和隔离是严重剥夺精神障碍患者人身自由的强制措施。约束和隔离实施中所存在的非人道性、危险性和负面效果使得该措施饱受争议,因而法律只允许在例外情况下使用约束和隔离措施,并对其实施条件和程序予以严格限制。即,在实体上明确约束和隔离措施的适用条件和情形,在程序上明确约束和隔离措施的实施步骤,从而构筑起约束、隔离的法律规制体系。     

Explaining restraint from filibustering in the US senate

While much has been written about the increase in filibustering over the past two decades, there has been very little discussion of the fact that, even today, opponents of legislation that could be filibustered often do not exercise this institutional right – even when doing so means the difference between defeat and passage of the measure. This study seeks to explain why legislation opposed by a cloture‐preventing minority is not always filibustered. Based on a broader look at the strategic environment facing senators, this study lays out six specific hypotheses. Analysis of data from 1947–98 provides substantial empirical support for most of these hypotheses, demonstrating that the strategic calculations behind the decision to filibuster are complex and multifaceted. In particular, this study finds that for legislation on which opponents have a clear incentive to filibuster, restraint is more likely to occur when the workload is light, when parties are not polarised, when the president favours the measure, when opponents’ cloture‐preventing margin is slim, and on minor legislation.     

Reenactment of circumstances in deaths related to restraint

Reenactment of the circumstances in deaths associated with restraint, utilizing participants and witnesses while memories are fresh, may help death investigators more accurately determine the cause of death. Two recent deaths in Ventura County that occurred during restraint are discussed. Within a day of the autopsies the restrainers agreed to participate in reenactments of the restraint process, utilizing live volunteers as subjects. They allowed videotaping. Deaths associated with restraint often have nonspecific autopsy findings. Timely reenactment of the circumstances of deaths associated with restraint can help death investigators more accurately determine the probable cause of death in these difficult cases.     

Weight force during prone restraint and respiratory function

Prone maximal restraint position (PMRP, also known as hogtie or hobble) is often used by law enforcement and prehospital personnel on violent combative individuals in the field setting. Weight force is often applied to the restrained individual's back and torso during the restraint process. We sought to determine the effect of 25 and 50 lbs weight force on respiratory function in human subject volunteers placed in the PMRP. We performed a randomized, cross-over, controlled trial on 10 subjects placed in 4 positions for 5 minutes each: sitting, PRMP, PRMP with 25 lbs weight force (PMRP+25), and PRMP with 50 lbs weight force placed on the back (PMRP+50). We measure pulse oximetry, end-tidal CO2 levels, and forced vital capacity (FVC) and forced expiratory volume in 1 second (FEV1). FVC and FEV1 were significantly lower in all restraint positions compared with sitting but not significantly different between restraint positions with and without weight force. Moreover, mean oxygen saturation levels were above 95% and mean end-tidal CO2 levels were below 45 mm Hg for all positions. We conclude that PMRP with and without 25 and 50 lbs of weight force resulted in a restrictive pulmonary function pattern but no evidence of hypoxia or hypoventilation.     

限制性体位窒息死亡的国内外研究进展

限制性体位窒息是指被限制于某种异常体位,造成了自主呼吸功能的障碍引起的窒息,严重时可引起死亡,属机械性窒息中的特殊类型。从国内外有关案例报道来看,限制性体位窒息死亡可以发生在多种环境、体位下。由于早年限制性体位窒息死亡的案例没有引起足够的重视,其作为一个法医学课题起步较晚。近年来由于发生率猛增,已引起国内外法医学家们的极大关注,并对其发生机理、鉴定标准等方面进行了大量研究,但从研究的成果来看,尚不能形成一些客观的鉴定指标,由此,国外关于限制性体位窒息的研究重点已转向其发生的危险因素评估及如何预防。本文就其死亡机理、危险因素及预防、鉴定标准和展望等方面作一综述。     

ABC approach not enough, reports show

Reports released recently by Human Rights Watch reveal that many women in Africa remain extremely vulnerable to HIV infection because of the violence practised against them, and because of legal systems that do not take the issue of violence seriously or that discriminate against women.     

Effect of wrist restraint on maximal exercise capacity in healthy volunteers

Each year, reports occur of deaths in individuals, while struggling against physical restraint. The mechanism of these deaths remains unclear. This study aimed to determine the effect of wrist restraint on cardiorespiratory function during maximal exercise. Twelve healthy volunteers underwent 3 incremental maximal exercise tests on a cycle ergometer. In a randomized order, they exercised while unrestrained, with the wrists tied in front of the body or wrists tied behind the back. The primary outcome measures were the number of minutes exercised in each position and heart rate and whole blood lactate level for each stage and on reaching maximum exercise capacity. The mean exercise duration was 19 minutes 6 seconds unrestrained (95% confidence interval [CI] 16 minutes 52 seconds to 20 minutes 57 seconds), 18 minutes 51 seconds (95% CI 17 minutes 51 seconds to 20 minutes 50 seconds) with arms restrained in front and 16 minutes 51 seconds (95% CI 14 minutes 6 seconds to 19 minutes 20 seconds) with the arms restrained behind the body (P = 0.16). There was no significant difference in heart rate or lactate measurements. It is probable that other factors make a more important contribution than wrist restraint behind the body to cardiorespiratory compromise in a struggling and fatigued individual.