Eastern Turkistan Islamic Movement: a case study of a new terrorist organization in China

The Eastern Turkistan Islamic Movement (ETIM) was designated a terrorist organization by Afghanistan, Kyrgyzstan, China, the United States, and the United Nations in 2002. However, no systematic studies have been published on the new terrorist organization in Xinjiang, China. Using a case-study approach and interviews, this article attempts to provide information in terms of its historical evaluation, related religious and ethnic issues, organizational agenda, activities, and role in the current international terrorist network. This article argues that better international cooperation and the improvement of social and religious policies will help curtail activities of the ETIM.     

组织、领导、参加恐怖活动组织罪研究

本文针对《刑法修正案(三)》关于组织、领导、参加恐怖活动组织罪的规定,根据犯罪构成要件的理论,并结合具体的实践,对该罪的具体构成特征从犯罪客观方面、犯罪主体以及犯罪的主观方面进行了较为深入的分析。     

Reputation in a dark network of online criminals

This paper focuses on criminals who could easily be labelled as entrepreneurs and who deal in compromised computer systems. Known as botmasters, these individuals use their technical skills to take over and control personal, business and governmental computers. These networks of hijacked computers are known as botnets in the security industry. With this massive computing power, these criminals can send large amounts of spam, attack web servers or steal financial data – all for a fee. As entrepreneurs, the botmasters' main goal is to achieve the highest level of success possible. In their case, this achievement can be measured in the illegitimate revenues they earn from the leasing of their botnet. Based on the evidence gathered in literature on legitimate and illegitimate markets, this paper sets to understand how reputation could relate to criminal achievement as well as what factors impact a heightened level of reputation in a criminal market.     

Hand-held cow horn: resurgence of an old arm or a potential terrorist weapon

A 23 year old man presented with intestinal evisceration from stab injury to the left side of the abdomen with a hand-held cow horn at a local night party. He complained of severe abdominal pain and bleeding at the site of injury. He was hemodynamically stable. At emergency exploration, the eviscerated bowel was viable with no adjacent mesenteric tear. Other intra abdominal organs were normal. The eviscerated bowel was lavaged and reduced into the abdomen through the 7 cm anterior abdominal wall laceration. The laceration was repaired and abdomen closed in layers. Post operative recovery was uneventful. The hand-held cow horn can easily be concealed and may pass through security checks undetected. It should be added to the ever increasing list of weapons of small scale terror.     

The communicative impact of terrorist attacks on the financial marketplace: a perspective from the efficient market hypothesis

This study measures patterns following a terrorist attack, from the perspective of market efficiency, to determine the communicative impact of terrorist attacks on the financial marketplace. The Efficient Market Hypothesis postulates that asset prices fully reflect all available information. An important implication is that, because market price changes are determined by new information (or variations in discount rates), it would be highly difficult to “beat the market” with expert stock selection or market timing. Overall, we found that, based on mixed results, terrorist attacks do not lead to a distinguishable pattern in the financial marketplace. Nevertheless, drawing on the Yale Model of Persuasion, these results suggest that terrorists are effective in their communicative goals, and they do lead to a compelling pattern in the proportion of negative returns on the day of the attack. More precisely, terrorists are able to communicate their message on a global scale, thereby resulting in investors adjusting their estimates of value downward. While a possible price correction pattern was found, the lack of statistical analysis performed on the variables, to a certain degree of significance, is a limitation of this study that ultimately renders the results of the study inconclusive.

     

“恐怖活动组织”概念初探

“组织、领导、参加恐怖活动组织罪”是我国９７刑法新确立的一个罪名,本文作者在对各种学说进行分析的基础上,提出了自己对这一概念的界定和特征的认识。     

Anatomy of a Counter-Bar Association: The Chicago Council of Lawyers

There have been few successful attempts in the history of the organized bar since 1870 to establish alternative bar groups that challenge the dominance of the large comprehensive local and state bar associations over the representation of lawyers' interests. Founded in 1969, a product of the social ferment of the 1960s, the Chicago Council of Lawyers provides an example of one such attempt. This paper examines the conditions under which a reform-oriented counter-bar association is likely to arise, the factors that permitted its successful establishment in Chicago, and the functions it serves within the legal profession as an alternative to the Chicago Bar Association.
While the violence surrounding the 1968 Democratic National Convention in Chicago may have sparked the formation of an alternative bar association, it was intraprofessional matters that deeply concerned the founders of the Council particularly the performance of the organized bar in providing legal services to the poor and in improving the quality of the judiciary. Within the legal profession itself there was also a striking disjunction between the age of the leadership of the bar and of the numerous young lawyers who flooded in-to the bar in the 1960s. Preexisting networks of young activist lawyers greatly facilitated organizational formation.
As a reformist group with a small and relatively homogeneous membership, and lacking strong ties to powerful institutions, the Council can afford to take strong stances on controversial issues. By aggressively supporting positions at odds with those of the more established bar associations, and thus providing the media, the public, and legislators with an alternative viewpoint, the Council contributes to shattering the myth of a unified profession and to the demystification of professional authority.     

Anatomy of an ADA case. Chatoff v. City of New York

This article addresses plaintiff and defense strategies in the context of an ADA case and is intended to serve as a ready reference to employer's counsel when faced with ADA litigation. In an ADA case, it is essential that counsel humanize the employer by keeping the "Our Business Supports Diversity" theme before the trier of facts at all times. This theme should be accompanied by the proposition that plaintiff's demands are not reasonable because they impose an undue burden on the employer or a risk to the safety of the employee or others in the workplace. It is also crucial for defense counsel to become familiar with the plaintiff's attorney's strategic considerations. ADA litigation strategy is illustrated by reference to Chatoff v. City of New York, a landmark ADA case instituted on behalf of the approximately 200,000 hearing-impaired residents of the City of New York, demanding equal and direct access to Emergency 911 services.     

The regulation of dental licensing: the dark ages?

Current state laws regulating the licensure of dentists place severe restrictions upon the freedom of movement of practitioners. Most state laws were enacted during a period when a strong rationale for regulating public health and welfare existed. Today, these laws hamper the free movement of dentists and are anachronisms in an era of national standards and practices. The authors contend that the extant laws rest upon outdated assumptions and serve economic and protectionist goals rather than public health and safety. This Article examines the history and application of the traditional justifications for state licensure and their present ramifications. The authors suggest that replacing the current regulatory system with a national clinical examination and a national licensure program will best serve the interests of the public and the dental profession.     

Patterns of precursor behaviors in the life span of a U.S. environmental terrorist group

Research Summary
This article discusses the paucity of data available for assessing the "life span" of a terrorist group. It introduces a new methodology that allows researchers to examine when terrorist groups perform their preincident activities. The findings suggest that differences exist in the temporal patterns of terrorist groups: environmental terrorist groups engage in a relatively short planning cycle compared with right-wing and international terrorists. The article concludes by examining a case study on "the Family," which is a unique environmental terrorist group that conducted activities over a relatively long period of time. This group provides an interesting contrast to other environmental terrorists. Despite significant organizational differences, their patterns of preparatory conduct were highly similar.
Policy Implications
The findings suggest that (1) temporal and spatial data about preincident terrorist activity can be collected from unclassified and open sources and (2) law-enforcement agencies that are investigating environmental groups have relatively little time to observe and infiltrate their individual cells (compared with right-wing and international terrorists). Finally, the data suggest that environmental terrorists—at least so far—have engaged in attacks that are less deadly than the comparison groups.     

Revati Laul: The Anatomy of Hate

Jindal Global Law Review -     

Anatomy of the Rise and Fall of a Price-Fixing Conspiracy: Auctions at Sotheby's and Christie's

The Sotheby's–Christie's price-fixing scandal that endedin the public trial of Alfred Taubman provides a unique windowon a number of key economic and antitrust policy issues. Thetrial provided detailed evidence as to how the price-fixingworked, and the economic conditions under which it was startedand began to fall apart. The role of the amnesty program wasimportant to the case, and does not appear to have had a rolein the cartel's enforcement of price-fixing or the cartel'sdemise. The outcome of the case also provides evidence on theauction process used to choose the lead counsel for the civilsettlement. Finally, though buyers received the bulk of thedamages, a straightforward application of the economic theoryof auctions shows that it is unlikely that successful buyersas a group were injured.