Multinational corporations and foreign owned media in developing countries

This essay is concerned with the impact of foreign-owned media upon the body politic of Kenya. It is argued that foreign ownership undermines both national sovereignty and even the rudiments of political freedom. The primary focus is on the British corporate conglomerate, Lonrho.     

Perceptual Biases, Graffiti and Fraternity Crime: Points of Deflection that Distort Social Justice

Although the official, law-enforcement policy in Bloomington, Indiana, categorized graffiti as vandalism, prominently displayed graffiti produced by Indiana University's student organizations escaped criminalization. This article documents the differential, criminal justice treatment of graffiti vandalism based on the group producing it thereby reaffirming the existence of a class-based system of justice. This article also uncovers a hidden bias inherent in Chambliss' “The Saints and the Roughnecks” by arguing that university students, whose graffiti do not receive negative sanctioning, represent Saints at the college level who exhibit criminal behavior. University-level lessons about how the crimes of the privileged go unprosecuted or become transformed into civil rather than criminal events could very well pave the way for further crimes after graduation rather than the “Saintly” adulthood implied by Chambliss. More research into the alternate system of justice used with regard to university students could shed light on both the problems and possibilities encountered when implementing alternate systems of social justice. This revised version was published online in July 2006 with corrections to the Cover Date.     

The determination of head circumference and hat size in the expertise of the human skull

Based on the results of examinations of craniocephalic characteristics in 47 corpses of adults of both sexes, a method for identifying the head circumference and hat size has been developed for expert evaluation of skeletonized rudiments. Hats known to belong to the lost subjects are proposed to be used as the reference samples. The author emphasizes the importance of the time when the hat was made and its position on the head.     

住房权保障如何可能研究纲要

在公法意义上,早期的住宅自由是基本人权的住房权的雏形。历史经验表明,时代的发展和人权理念的更新不断地将新的内涵注入住房权权利体系。近年来,随着国际国内社会对住房权的普遍重视,在国内层面上如何实现对住房权的法律保障问题渐进凸显。在立法层面,宪法和住宅法应该成为基础与核心,而在司法实践中也应该尝试确认住房权的可诉性,实现对住房权的司法救济。     

Evolutionary and radical approaches to economic reform

At the end of 1989, most economists agreed that the optimal approach to socialist economic reform involved immediate destruction of old institutions and rapid conversion to capitalist arrangements. This approach is called the radical one. The evolutionary approach has always offered an alternative program of reform. The paper discusses the recent breakdown in the radical consensus and provides a general overview of the evolutionary approach. Two conceptually distinct sets of evolutionary theories are examined-evolutionary economics and conservative political philosophy. Drawing upon these existing theories, the paper builds the rudiments of a single philosophy of evolutionary reform. The evolutionary and radical schemes are then compared. Their different implications for the speed of reform, the use of the old institutions, the magnitude of single elements of reform, and the use of theory are highlighted.     

State prison expansion: An explanatory model

This article, through development of an explanatory model called the process model, attempts to account for differences among states in levels of prison expansion. The model recognizes the importance of the tie between prisoner population and prison growth but considers additional factors which mediate this relationship. Given increases in prisoner populations, the model posits that the extent of prison construction is determined by three broad classes of factors: accelarators, which increase the probability of construction, and buffers and inhibitors, which decrease the probability. First, the rudiments of the process model are sketched and the accelerator, buffer, and inhibitor variables are described. Next, the process model is developed more fully through an examination of prison expansion in ten example states. Finally, the implications of the model are explored.     

Mitochondrial DNA sequencing of human hair shafts stored for long time

Mitochondrial DNA (mtDNA) sequencing is commonly used for forensic genetic identification of relation and personality identification based on analysis of tooth and skeletal rudiments. We demonstrated the possibility of DNA extraction and subsequent enzymatic amplification of fragments of a hypervariable segment I of mtDNA control region from hair shafts after long storage (up to 75 years). Shed hairs are the most common biological material evidence in forensic investigations. Low content of DNA and its possible degradation in hair shafts without bulbs may cause artifacts in polymerase chain reaction. However comparative analysis of amplified nucleotide sequences of amplified fragments from hair stored for 75 years was identical to the sequence from hairs cut immediately before experiment. This indicates high quality of the resultant matrices, stability of results, and hence, the possibility of using DNA extracted from hair shafts without bulbs stored for a long time for expert genetic analysis. Theoretical and methodological prospects of using mtDNA polymorphism analysis for forensic expert evaluations are discussed.     

Hans Kelsen's Doctrine of Imputation

First, the author examines the traditional doctrine of imputation. A look at the traditional doctrine is useful for establishing a point of departure in comparing Kelsen's doctrines of central and peripheral imputation. Second, the author turns to central imputation. Here Kelsen's doctrine follows the traditional doctrine in attributing liability or responsibility to the subject. Kelsen's legal subject, however, has been depersonalized and thus requires radical qualification. Third, the author takes up peripheral imputation, which is the main focus of the paper. It is argued that with respect to the basic form of the law, exhibited by the linking of legal condition with legal consequence, peripheral imputation counts as an austere doctrine, shorn as it is of all references to legal personality or the legal subject. If Kelsen's reconstructed legal norms are empowerments, then the austere doctrine of peripheral imputation captures the rudiments of their form, exactly what would be expected if peripheral imputation does indeed serve as the category of legal cognition. Finally, the author develops the puzzle surrounding the legal "ought" in this context. Although Kelsen talks at one point as though the legal "ought" were the peculiarly legal category, the author submits that this is not the best reading of Kelsen's texts.     

规则与礼仪:来自特罗布里恩社会的启示——《西太平洋上的航海者》述评

《西太平洋上的航海者》是马林诺夫斯基的民族志名著,作品立足于文化的特殊性与人性的复杂性,从功能主义视角出发,勾勒了特罗布里恩群岛的社会结构和与之密切交织的文化现象,分析了社会系统各构成要素之间相互配合的关系,把特罗布里恩人约定俗成的各种规则、礼仪生活传统与追求社会信誉的生活态度梳理出来,尤其是对社会交换的经典案例库拉作...     

略论“孙子兵法”在社会治安管理中的运用

孙子曰：“兵者，国之大事，死生之地，存亡之道，不可不察也。”。和平时期，国家安危，公安系于一半。维护稳定、惩治犯罪、控制治安，如同用兵打仗，必须斗智斗勇。当前，上海社会治安总体保持稳定，但治安形势仍然较为严峻，影响社会和谐稳定的因素还大量存在。而公安民警占人口总量的比例已高于全国平均水平，警力增长空间有限。上海公安工作要实现可持续发展，就必须走内涵式、集约化的发展道路，即更加注重警力使用的成本和效益，更加注重公安谋略的研究和运用，更加注重提高广大民警尤其是各级领导干部的战略战术水平，在科学用警、高效用警、出奇制胜、以智取胜上动脑筋、下功夫，切实提高民警的谋略水平和应变能力。本文借鉴“孙子兵法”的基本原理，就如何运用谋略加强新形势下的社会治安管理作了一些理论探索，供大家参考。     

司法会计鉴定对象探讨

关于司法会计鉴定及其对象存在不同观点,尚未形成较一致的认识,影响了司法会计鉴定工作的规范。对司法会计鉴定的内涵进行分析,将其界定为向委托人报告其委托的财务会计事项的财务、会计相关信息以及提供鉴定意见的一项社会专业活动;梳理并评价司法会计鉴定对象的不同观点,提出司法会计鉴定对象是法律事项中涉及的财务会计事实,财务会计事实分为财务事实和会计事实;并将会计学与法学结合起来分析财务事实与会计事实的构成。     

越南民商事管辖权制度探析

越南国会是越南最高权力机关和立法机关.越南法院分为三级:最高人民法院、地方人民法院和地区人民法院.对于"商事纠纷"的含义,在一些重要方面越南的规则与国际标准不同.<经济纠纷法>列举了经济法庭有权裁决的争议类型.包含"涉外因素"的经济案件,由越南经济法庭审理.地方(区)人民法院行使管辖权的依据是被告营业地或住所在法院管辖区内.管辖权的排除主要表现在以下方面:外交豁免与领事豁免、外国土地和管辖权选择协议.未决诉讼案件原则和不方便法院原则并没有得到越南法学家们的广泛承认.管辖权冲突问题由越南最高人民法院解决.     

论国际法强制执行的法理基础

国际法的强制执行具有充分的法理基础。国家意志是国际法强制执行的根据。强制执行规则的制定、措施的选择、执行或者放弃都由国家决定。强行法是国际法强制执行的规范基础。它要求国际法必须是可被强制执行的。相互原则是国际法强制执行的基本机制，通过剥夺违法国的权利的方式发挥作用。国际组织的制裁是国际法强制执行的集中机制，由国际组织集体决定并授权国家采取强制措施。     

Forensic psychiatry: a subspecialty. The presidential address at the nineteenth annual meeting of the American Academy of Psychiatry and the Law

The implications of the definition of forensic psychiatry are explored, with particular reference to the field as a subspecialty of general psychiatry. The allegation of undue moral uncertainty in forensic psychiatry is denied and the moral issues are revealed to be related to the status of the underlying philosophical disputes. An outline for the organization of the forensic psychiatric assessment is presented. The charge that forensic psychiatry is not as "hard" a science as the other forensic sciences is denied. The administrative and political organizational problems facing the subspecialty are explored. The practitioners in the field are encouraged to recognize that forensic psychiatry is a subspecialty and to work for official subspecialty status. Cautious predictions about the future of the field are provided.     

Testing the implications of incivility in the United States Congress, 1977–2000: The case of judicial confirmation delay

The research argues that there are two empirically distinct types of conflict in the United States Congress. The first is partisan conflict or the relative divergence of the two major parties on policy issues. The second is the level of civility that characterises legislative processes in the country. Two unique measures of ‘civility’ are developed. The first is based on media reporting and the second on the coding of almanac summaries. The new indices are tested in an event history analysis of judicial confirmation delay that controls for partisan conflict and a multitude of logistical and contextual concerns that earlier research has argued are important. The analysis is fruitful; measures of partisan conflict are significant as are many other concerns. Most notably, however, the new indicators of aggregate civility perform as expected, and the delay prospective jurists experience can also be attributed to changes in levels of civility.     

Fragments of a Theory of Legal Sources

Abstract. The author discusses a number of issues in the theory of legal sources. The first topic is whether sources should be conceived of as acts or texts. The alternatives are connected with two competing theories of legal interpretation (viz., the cognitive theory and the sceptical theory), which entail different concepts of legal rules and law-making. The second topic is whether a "formal" or a "material" criterion of recognition of sources should be preferred. The third section is devoted to the analysis of rules of change. Four theories of rules of change are discussed, and five kinds of such rules are distinguished. The fourth section concerns judicial law-making, with special reference to the creation of new legal rules by constitutional courts.     

论我国刑法中的聚众犯罪

聚众犯罪是指我国《刑法》明文规定以聚集特定或不特定多人进行违法犯罪活动为构成要件的犯罪。我国《刑法》共用11个条文规定了14个聚众犯罪,其中大多数聚众危害社会是构成犯罪的必要条件,少数是该罪的选择行为要件。聚众犯罪的主要特征有法定性、聚众进行、实施的是复数行为等。从犯罪形态上看,聚众为着手,实施具体违法犯罪活动为既遂。它与煽动犯罪、教唆犯、组织犯、首要分子既有联系又有区别,与组织犯部分交叉重合。聚众犯罪的一罪数罪标准在于行为个数、数行为之间是否牵连、牵连时定一罪是否能体现罪刑相适应。