律师—让我欢喜让我忧

每年司考都有无数英雄竞折腰,2002年司法考试全国通过率只有7%,司考之难全国首屈一指,这是每一个司考人员的肺腑感叹。为什么这么多人仍然知难而上,明知山有虎, 偏向虎山行? 在西方社会,任何人只要能够从事律师职业,成为律师队伍中的一员,就意味着进入了上流社会,法学院则成为了步入上流社会的阶梯。美国历史上,担任总统的42位中有21 位都是律师出身。起草美国宪法的55位专家里,有30位是律师。尤其是林肯的律师执业经历更是为世人塑造了一个光辉的律师形象。     

Show Me Your Hands! Police and Public Perceptions of Violent Interpersonal Cues

Psychology has recently begun to examine human interpersonal social predictors of violence. One area yet unexamined is potential differences between law enforcement officers and non-police in their perception of aggressive interpersonal social cues. Using a sample of 129 police officers and 178 non-police individuals, a direct comparison was made about perceptions of interpersonal social behaviors associated with imminent violence. It was revealed that both samples generally shared similar perceptions, with a few exceptions. Police officers were more sensitive than other individuals are to each of the behavioral cues. The police sample also perceived the behavior of placing one’s hands in one’s pockets as more threatening than did the non-police sample.     

Just 'Cause You're Smarter than Me Doesn't Give You a Right to Tell Me What to Do: Legitimate Authority and the Normal Justification Thesis

Joseph Raz's famous theory of authority is grounded in threeclaims about the nature and justification of authority. Accordingto the Preemption Thesis, authoritative directives purport toreplace the subject's judgments about what she should do. Accordingto the Dependence Thesis, authoritative directives should bebased on reasons that actually apply to the subjects of thedirective. According to the Normal Justification Thesis (NJT),authority is justified to the extent that subjects are morelikely to comply with right reason by following the authority'sdirectives than by following their own judgments about whatright reason requires.¹ In this article, I consider a number of ways in which NJT mightbe construed as a justification for authority. First, I evaluateNJT construed as a principle that would provide a practicaljustification for an individual to accept or recognize a particularperson or persons as a preemptive authority. Second, I evaluateNJT construed as a principle that describes the conditions underwhich a state or legal system is morally legitimate. I arguethat NJT is true under none of these interpretations.²     

知彼知已——从337调查统计数据谈各方主体利弊

"337"这本毫无意义的三个数字,却成了当前的热门词汇.或许鲜有人道出我国<刑法>337条规定的是哪个罪名,但却有数不尽的商人、律师、学者、政府工作人员对美国<1930年关税法>第337节(以下简称337条款)的内容倒背如流.美国337条款的威力数倍于<刑法>第337条的"逃避动植物免疫罪",自1986年,中国土畜产进出口总公司首次接招以来,337条款让我国的出口制造商吃尽了苦头,与之交战,轻则一个企业牺牲,重则整个行业覆没,一役过后.毫发无损的无法得见,侥幸生还的也元气大伤.     

Who Owns Your Body? A Patient''s Perspective on Washington University v. Catalona

Washington University v. Catalona revolves around ownership of tissue samples provided by patients for research purposes, raising significant ethical and legal questions concerning patient rights, current human research practices, and the treatment of samples as capital resources by the research institution.     

"Who is first on the scene?"

Forensic specialists are well standardised throughout the world and their opinions are respected by the courts. Doctors involved in the immediate clinical forensic assessment of persons in police custody are not, however, so well standardised. Some countries employ trained police surgeons or police medical officers, other countries rely on hospital interns, others simply accept the first doctor available. Can courts rely on their testimony? Can specialists depend on their skills? A call is made for such generalists to meet on an international basis to establish standards.     

Fear of crime: Who is most vulnerable?

This study investigates the relationship of demographic, psychosocial, and crime-related factors to fear of crime. Data were collected from 1,499 respondents to a national public opinion survey. A discriminant analysis was used to determine those factors which contribute most to respondents' fear of crime. Overall, 12 variables were found to explain 45.7 percent of the variance in fear of crime. Demographic variables such as sex, the size of the place where the respondent lives, age, marital status, and the number of persons living with the respondent were the most important variables discriminating between fearful and nonfearful respondents. Psychosocial and crime-related variables were found to be less important than demographic variables in discriminating between fearful and nonfearful respondents.     

Who is left out: exploring social boundaries in entrepreneurial ecosystems

The Journal of Technology Transfer - This study attempts to develop our understanding of the ecosystem as a complex social construct by advancing a social network perspective. Based on personal...     

法律与人民：谁因谁而神圣？

神圣的法律似乎因为背后的人民因之是神圣的，似乎天然神圣的人民因为法律的保护而更加神圣。如非要追问二者究竟谁因谁而神圣，问题就有点复杂。因此，探讨人民的至高无上与至高无上的人民不惟有理论与事实的分野，还关涉对当下中国相关法律的追问与考虑。     

What I Tell You Three Times is True: A Pragmatic Approach to Redundancy in Legal Information

This article looks to whether it is feasible to avoid the communicative blocks and barriers which citizens find when they deal with legal information. Although these blocks have been usually regarded to be inevitable (the 'inevitability' argument), the ICT revolution allows hope of some improvement by means of electronic information delivery. Until now, however, public electronic legal information systems have not succeeded in really easing or solving laymen's legal communication problems. This is because they are tightly attached to traditional legal visions that primarily focus on the electronic availability of legal documents and disregard the pragmatic element of legal information. The target of any model of public access to legal information should not just be availability, but comprehensibility. My major concern here is to show that the general theory of information, especially the notion of redundancy, may be both a fruitful tool to deal with these problems and also to overcome the presumed inevitability of communication blocks in the legal field. Inasmuch as the citizen's perspective is assumed, this article presents a pragmatic approach to legal information.     

Is France adopting trusts wholesale? The answer is no, but ...

The French Government has been considering the introductionof a fiduciary trust-like relationship into the Civil Code.Thirty new Articles were inserted into the Civil Code as a consequenceof the adoption on 19 February 2007 of the fiduciary law institutingthe fiducie. In the author's view, this has generated turmoil.The impact of this new law, with the translation of the newArticles, is discussed in detail.     

Review of Christopher Fynsk: Language and Relation: ... That There is Language

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -