中国拒绝承认与执行外国仲裁裁决实务研究

国际仲裁是解决跨国商事纠纷的主要方式。《纽约公约》使外国仲裁裁决在几乎全球范围内获得承认及执行。中国是《纽约公约》的成员国,中国法院在判断是否应拒绝承认和执行某一外国仲裁裁决时,主要是以《纽约公约》作为法律依据。结合《纽约公约》的规定和司法实践,本文分析了中国对外国仲裁裁决的界定标准,并系统地论述了中国拒绝承认与执行外国仲裁裁决的理由。     

Accommodating death penalty legislation: Personal and professional views of assistant district attorneys toward capital punishment

Reinstatement of the death penalty in New York in 1995 forced an entire generation of prosecutors to confront capital punishment for the first time in their professional capacities. A total of 191 assistant district attorneys (ADAs) from 44 of New York’s 62 county prosecutors’ offices responded to a written survey. The results show ADAs hold widely divergent views about capital punishments, although most respondents fail to recognize their colleagues maintain differing viewpoints. The return of the death penalty appears to have both personal and professional implications for New York ADAs, and has precipitated potentially significant changes in their work environments.     

A tailored anger management program for reducing citizen complaints against traffic agents

Anger management programs have been used to address a range of clinical problems, but empirical tests of their effectiveness in the workplace have been limited. This study presents the results of a cognitive-behavioral anger management program employed with New York City traffic enforcement agents. Traffic agents issue summonses for vehicular and parking violations and have frequent conflicts with members of the public who are angry about receiving these summonses. Conflicts with the public are a significant source of job stress for agents and may increase their risk for physical injury. When members of the public are dissatisfied with the agents' actions, they can file a complaint with the agents' employer, the New York City Police Department. Complaints can reference the agent's interpersonal behavior or an administrative problem. The multi-component group intervention was provided to 114 agents, with a group of 184 agents served as the untreated comparison group. There was a significant Group (Treatment versus Control) by Time (Pre-test versus Post-test) interaction for the total rates of civilian complaints against agents (p<.03) and, more specifically, for the rates of civilian complaints related to the agents' interpersonal behavior (p<.01). Rates of civilian complaints against agents who participated in the treatment program decreased significantly over the testing period, whereas rates of complaints for agents in the control group did not change. The results suggest that this manualized program can produce changes in behavior relevant for the individual as well as the agency. Authors' Note: The authors wish to thank the many individuals at the New York City Police Department and the New York City Department of Transportation who provided support for this project. The project was funded through a grant from the New York State Department of Labor to the Communications Workers of America. We would also like to acknowledge the statistical advice of Joseph Schwartz, Ph.D., of SUNY Stonybrook.     

Sharing governmental authority: Blue Cross and hospital planning in New York City.

Hospital planning in New York has been since the 1930s an intensely political process with high stakes. The leaders of Blue Cross and their allies used the hospital planning process in the city and the state as a means to extend and protect corporate authority in what they took to be the public interest. When Blue Cross was established in the 1930s, its leaders used the mechanisms of formal planning as part of their solution to pressing problems in the organization and distribution of hospital services. In the decade after World War II, Blue Cross had an immense impact on hospital planning in New York as a result of its growth and its underwriting policies. Conflicts between Blue Cross and state regulators beginning in the 1950s led to a new formulation of the politics of planning. Blue Cross became a partner with the state in regulating hospitals. The state and Blue Cross behaved as co-regulators until the 1980s. The interpretation in this paper revises the earlier accounts of health politics in New York by Law (1976) and Alford (1975).     

试论美国纽约市法庭科学工作

纽约市是美国第一大城市,人口众多,经济发达,其法庭科学在国际上也享有声望。纽约市法庭科学部门主要分布在警察局(NYPD)和法医局(OCME)两大机构,警察系统的法庭科学机构主要负责毒品、微量物证、指纹、痕迹、枪弹及文件检验,法医局则进行DNA、毒化、法医病理、法医人类学方面的检验。本文首先介绍美国的警察制度及纽约市警察局概况,然后分别从警察局和法医局两个部门对纽约市法庭科学的部门隶属、部门设置与工作职能情况进行介绍。     

Area Differences and Time Trends in Crime Reporting: Comparing New York with Other Metropolitan Areas

Police measures of crime are shaped by victims’ decisions to notify the police. To obtain a better understanding of US crime trends, this study uses the National Crime Victimization Survey to examine geographic differences and temporal trends in crime reporting in New York and other metropolitan areas for the period 1979-2004. We find that net of crime characteristics and survey methodology, the New York metropolitan area showed fewer increases in crime reporting than did other metropolitan areas. These divergent trends suggest that the real differences in the drop of nonlethal violence between New York and other areas may have been smaller than those indicated by police-based crime statistics. We also find that from the early 1990s to 2004, New York showed a sharp decrease in the likelihood of victims perceiving that “police wouldn’t help.” This trend suggests that police reforms in New York City have not resulted in more victims using police-related reasons to explain their nonreporting behavior. Instead, researchers need to develop a broader theoretical framework (not an exclusive focus on police actions) to understand how police- and nonpolice-related factors may explain the geographic variation in the trends of reporting observed in this study.     

Medical malpractice in the absence of a doctor-patient relationship: the potential liability of psychiatric examiners in New York State

In New York, psychiatrists (and all physicians) have a duty, in every circumstance with respect to such functions as they are required to undertake, to conduct themselves and all their examinations in a thorough and proper manner. Especially in a forensic setting, psychiatrists must bear in mind that they have a legal duty to perform a competent examination before they render an opinion. It is well established that malpractice liability does not require the preexistence of a doctor-patient relationship based on an undertaking for the purpose of treatment. The author discusses a long line of cases in New York State which holds that psychiatric examiners are potentially liable in malpractice for any breach of duty with respect to those functions that are undertaken. Failure to conduct a proper, careful, and competent examination may result in liability in a variety of areas: competency examinations, commitment proceedings, workers' compensation claims, and so on. Limitations on such malpractice liability are discussed. Unlike some jurisdictions, New York does not accord judicial immunity to psychiatric examiners.     

Mental health and corrections: towards a working partnership

This paper describes the development of mental health services to the courts and correction facilities in the City of New York. The origins, structure, and functions of the interagency New York City Task Force on Prison Mental Health Services are explained. The Task Force's role in the development, promulgation, and implementation of the Minimum Standards for Mental Health Services in New York City Correctional Facilities are outlined. These standards, enacted by the New York City Board of Correction, are described and discussed.     

Understanding Law as a Democratic Institution Through US Constitutional Development

Gillman, Howard, Mark Graber, and Keith Whittington. 2012 . American Constitutionalism: Volume I: Structures of Government . New York: Oxford University Press. Gillman, Howard, Mark Graber, and Keith Whittington. 2012 . American Constitutionalism: Volume II: Rights and Liberties . New York: Oxford University Press. This essay reviews Howard Gillman, Mark Graber, and Keith Whittington, American Constitutionalism: Volume I: Structures of Government (New York: Oxford University Press, 2012), and Howard Gillman, Mark Graber, and Keith Whittington, American Constitutionalism: Volume II: Rights and Liberties (New York: Oxford University Press, 2012). It defends developmental approaches in the study of US constitutional law. It explains how law has been studied in political science, illustrating how political development became part of the story. It outlines how American political development approaches work when applied to law, noting how studying law transforms these approaches. It notes the insights produced through the blending of American political development and constitutional law, explaining how these insights provide more leverage for understanding the role of courts as democratic institutions. The essay closes by discussing the promising directions these approaches suggest, defending their value beyond political science.     

Signs of death as considered by Dr. B.M. Vance in a lecture fifty years ago

This work is based on the lecture given by Dr. Bernard M. Vance, then Assistant Chief Medical Examiner of New York, to the Homicide Squad Detectives of New York City on November 2, 1933, at the New York Police Academy. He entitled his presentation "Death, simulation of death and suspicion of death." Dr. Vance was an outstanding member of the New York Office's Forensic Pathology Group and was known for his colorful renditions of the scene and autopsy findings in medicolegal cases.     

The Metropolitan New York Ethics Committee Network: coming together at a time of concern

Approximately two years ago, colleagues at some of the major teaching hospitals in the New York City area began to consider the possibility of pooling resources and providing the opportunity for the over 100 hospital-based ethics committees currently in existence in and around New York City to come together. It was thought that by joining together in a network type of organization, committees could exchange experiences and wisdom, and jointly examine and develop responses to some of the more unique, as well as the more conventional, ethical dilemmas they confronted. Those efforts culminated in the start-up of the Metropolitan New York Ethics Committee Network.     

Owning ASFA

As New York and many other jurisdictions struggle to comply with the timelines of the Adoption and Safe Families Act (ASFA), the experiences of the Expedited Permanency Part of the New York City Model Court under the direction of Judge Sara Schechter may provide helpful approaches for overcoming unnecessary delays and obstacles. Despite resistance to change, scarce resources, and a shortage of attorneys for indigent respondents, the New York City Model Court has been able to implement ASFA without sacrificing due process in the handling of child protective and permanency proceedings. Some of these strategies include extensive case conferencing, the use of specially trained conference facilitators, time‐certain appointments, and compliance reviews conducted by a referee. The New York City Model Court has found that integrating these new approaches has markedly improved the permanency outcomes for the children within its jurisdiction. Innovations piloted in the New York City Model Court are being replicated throughout the five boroughs of the city.     

‘We Can’t Get No Nine-to-Five’: New York City Gang Membership as a Response to the Structural Violence of Everyday Life

Critical Criminology - This article draws on 287 in-depth interviews with young New York City gang members to understand the roles gangs serve in their lives, the impact of labeling the gang as...     

Where Did All of the Fields Go?

The loss of farmland each year due to development in New York State is astounding. Yet, agriculture remains an important part of the local economy and is essential in providing local food to New York residents. Many land-use protective measures that have been put in place such as large minimal lot-size zoning and agricultural districts have failed to slow down the rate of farmland lost each year. Conservation easements are a vital protective tool, but they require lots of private and public funding. This funding is necessary in order to ensure farmland for future generations. Before it is too late, New York needs to follow the lead of states such as Pennsylvania, which has shown an overwhelming commitment to protecting vital farmland.     

The physician assistant as forensic investigator

Physician assistants are employed as forensic investigators at the Office of the Medical Examiner, Suffolk County, New York. We describe the educational qualifications of physician assistants and their valuable role in forensic medicine in Suffolk County.     

从旭普林公司案看我国法院对国际商事仲裁的监督

运用国际商事仲裁的一般理论和国际商事仲裁立法与实践,结合我国法院就国际商会国际仲裁院仲裁庭根据该院仲裁规则就德国旭普林公司案在我国上海作出的仲裁裁决所实施的司法监督,探讨了国际商事仲裁裁决与涉外裁决、外国裁决和《纽约公约》项下的非本国裁决之间的联系与区别。由此认为本案项下的裁决,既不是我国裁决,也不是外国裁决,而是《纽约公约》项下的非内(本)国裁决。     

WILLIAM H. REHNQUIST AWARD FOR JUDICIAL EXCELLENCE ADDRESS

The William H. Rehnquist Award is one of the most celebrated judicial honors in the country. It is given each year to a state court judge who demonstrates the “highest level of judicial excellence, integrity, fairness, and professional ethics.” The 2008 recipient, Jonathan Lippman, was recently appointed and confirmed as Chief Judge of the State of New York. Chief Judge Lippman was previously the Presiding Justice of the Appellate Division of the First Judicial Department of the New York State Supreme Court. He was appointed New York's Chief Administrative Judge by Chief Judge Judith S. Kaye and served from January 1996 to May 2007 and was responsible for the operation of a court system with a $2.4 billion budget, 1300 state‐paid judges, 2300 town and village judges, and 16,000 nonjudicial personnel. Among his numerous professional activities, Chief Judge Lippman served as president of the Conference of State Court Administrators from 2005 to 2006 and was the vice‐chair of the National Center for State Courts from 2005 to 2006, where he was a member of the Board of Directors from 2003 to 2007. During his tenure, Chief Judge Lippman has been the recipient of numerous awards and recognitions, including the 2006 Fund For Modern Courts Cyrus R. Vance Tribute for Vision, Integrity and Dedication to the Fair Administration of Justice Personified by Cyrus R. Vance (November 27, 2006); the New York County Lawyers’ Association Conspicuous Service Award in Recognition of Many Years of Outstanding Public Service (September 28, 2006); and the Award for Excellence in Public Service of the New York State Bar Association's Committee on Attorneys in Public Service (January 24, 2006). Chief Judge Lippman received a Bachelor of Arts in Government and International Relations from New York University, Washington Square College, where he graduated cum laude in 1965. He also received his J.D. from New York University in 1968. Below is the speech he delivered after accepting the William H. Rehnquist Award from U.S. Supreme Court Chief Justice John G. Roberts.     

CHILD SUPPORT GUIDELINES:

Since 1984, all U.S. jurisdictions have established child support guidelines. Using computerized worksheets, we compared the guidelines of New York, New Jersey, and Connecticut (which use the “Income Shares” model also employed by 30 other jurisdictions). We calculated how child care, alimony to a prior spouse, and subsequent children change the support obligation. We found that, generally, Connecticut requires the most child support, New York is second, and New Jersey third. However, if children require child care, New York requires the most support. In Connecticut, child care costs have virtually no impact. When a noncustodial parent is paying alimony to a prior spouse, support is dramatically greater in Connecticut than in New Jersey, with New York in between. Only New Jersey reduces the support paid by the noncustodial parent who has subsequent children. New York's and Connecticut's mathematical guidelines do not consider subsequent children.     

THE IMPACT OF ORDER‐MAINTENANCE POLICING ON NEW YORK CITY HOMICIDE AND ROBBERY RATES: 1988‐2001*

Local officials and national observers have attributed the New York City drop in violent crime during the 1990s to the aggressive enforcement of public order, but relevant research is limited and yields contrasting conclusions regarding the effects of order‐maintenance policing (OMP) on violent crime trends in New York City. The current study investigates the effects of order‐maintenance arrests on precinct‐level robbery and homicide trends in New York City with more reliable crime and arrest data, longer time series, and more extensive controls for other influences than used in prior research. We find statistically significant but small crime‐reduction effects of OMP and conclude that the impact of aggressive order enforcement on the reduction in homicide and robbery rates in New York City during the 1990s was modest at best.     

New York Lead-Paint Case Update

The contaminated water supply in Flint, Michigan, highlighted lead issues in a relatively new context: drinking water. Lead-paint lawsuits, however, have filled court calendars for many years in many jurisdictions. This article examines a variety of recent lead-paint decisions issued by courts in New York—from trial level, to appellate, to the state's highest court, the New York Court of Appeals. As these cases suggest, lead-paint complaints against landlords and property owners are likely to continue to be filed in New York courts for quite some time to come.