Women prisoners and the law: Which way will the pendulum swing?

Women prisoners have had avenues to legal assistance open to them for several years. Even though it has been possible for them to seek recourse in the courts, many barriers to this help remain in place. This article focuses on how women prisoners and women's prisons can change through litigation.     

Pirates,prisoners, and preliterates: anarchic context and the private enforcement of law

This paper investigates institutions that develop to strengthen or expand the discipline of continuous dealings as a mechanism for privately enforcing law. I consider three such institutions in three different anarchic contexts: that of Caribbean pirates; that of drug-dealing gangs and prison inmates; and that of preliterate tribesmen. These cases highlight several ways in which different anarchic contexts give rise to different private law enforcement institutions. The varieties of private law enforcement institutions that emerge in different anarchic contexts reflect the particular problem situations that persons who rely on those institutions confront in their attempts to protect property rights without government.     

Robots,standards and the law: Rivalries between private standards and public policymaking for robot governance

This article explains the complex intertwinement between public and private regulators in the case of robot technology. Public policymaking ensures broad multi-stakeholder protected scope, but its abstractness often fails in intelligibility and applicability. Private standards, on the contrary, are more concrete and applicable, but most of the times they are voluntary and reflect industry interests. The ‘better regulation’ approach of the EU may increase the use of evidence to inform policy and lawmaking, and the involvement of different stakeholders. Current hard-lawmaking instruments do not appear to take advantage of the knowledge produced by standard-based regulations, virtually wasting their potential benefits. This fact affects the legal certainty with regards to a fast-paced changing environment like robotics. In this paper, we investigate the challenges of overlapping public/private regulatory initiatives that govern robot technologies in general, and in the concrete of healthcare robot technologies. We wonder until what extent robotics should be governed only by standards. We also reflect on how public policymaking could increase their technical understanding of robot technology to devise an applicable and comprehensive framework for this technology. In this respect, we propose different ways to integrate the technical know-how into policymaking (e.g., collecting the data/knowledge generated from the impact assessments in shared data repositories, and using it for evidence-based policies) and to strengthen the legitimacy of standards.     

医疗损害赔偿纠纷案件法律适用的冲突与调适

医疗损害赔偿是当今社会的热点问题,也是司法审判实践中的重点、难点问题。由于该类案件处理中现行法律适用原则存在的误区,导致审判实践中同案不能同判的现象时有发生。这不仅损害当事人的合法权益,而且严重损害我国法律的尊严。文中阐述了现行法律适用原则存在的主要问题及由此产生的严重影响,并从理论上通过对现行适用原则中区分对待的医疗事故以及其它医疗损害的剖析,明确了医疗损害的内涵及其责任性质,进而提出对《条     

The German Facebook case: the law and economics of the relationship between competition and data protection law

European Journal of Law and Economics - Can competition law consider effects on privacy, or should privacy concerns of data-collecting behaviour only be dealt with by data protection law? In this...