Extraterritorial laws for cross-border reproductive care: the issue of legal diversity

Certain states impose restrictions on assisted reproduction because they believe such acts to be morally wrong. However, people who live in a state with restrictive legislation always have the option of going abroad to evade that law. Turkey and several states in Australia have enacted extraterritorial laws to stop forms of reproductive travelling for law evasion. Within the EU, the European Convention of Human Rights would normally remove the need for extraterritorial laws. However, because of the wide margin of appreciation allowed by the European Court of Human Rights, legal diversity on these matters persists. In the case of S.H. and Others v. Austria, moral justification, consistency and proportionality were introduced by the First Section to rule on Member States' legislation on medically assisted reproduction. The First Section mostly ruled on the effectiveness of the law, while the focus should be on the validity of the normative aim. The Grand Chamber reversed this judgement based on the margin of appreciation doctrine, using it as a pragmatic substitute for a substantial decision. In general, the E.U.'s interests of harmonization and unification are at odds with the right to national identity of individual states in areas of contested morality.     

Illegal gambling businesses & organized crime: an analysis of federal convictions

Illegal gambling operations have been alleged to support organized crime and victimize participants, rather than benefit them. This is said to occur through cheating in the games provided, defrauding the government of tax revenue, and funding other illicit and criminal activities. What has been missing is a systematic analysis of actual cases involving illegal gambling businesses to determine precisely who is involved, how these businesses operate, the nature of the threat posed, and the law enforcement response to it. The analysis reported here examines all federal convictions involving operation of illegal gambling businesses during a single year. There were more than 80 persons charged and convicted of participation in illegal gambling businesses, centered around 40 distinct enterprises. The results indicate that illegal gambling businesses in the United States are long-term operations consisting of four general types, and that enforcement of existing laws, particularly related to illegal online sports betting, are not working effectively.     

从美国判例看网络纠纷管辖的演变

现实世界是指在物理空间中 ,以原子、分子为最小构成单位的世界。虚拟世界则是在网络空间中 ,以数据信息为要素单位与计算机软件、硬件的联合。现实空间中存在着物理划界 ,但在网络空间中却无任何界线存在。当现实世界中在不同法域发生民商事案件的管辖权冲突时 ,一般在国际民事案件管辖权理论中研究解决 ,而同样性质的纠纷发生在网络中又如何解决呢。通过美国在网络纠纷中关于管辖权问题的经典案例介绍 ,从中看到从一般对人管辖的理论发展到最近出现的对物之诉 ,探讨网络管辖权的未来走向     

Prospects for the international migration of U.S. sex offender registration and community notification laws

Sex offender registration and community notification laws have proved enormously popular in the U.S. This is so even though the avowed sexual violence preventive benefits of the laws remain largely untested and unproven; indeed, it remains an open question whether the laws actually have anti-therapeutic and criminogenic effect. This article examines why this data deficit has characterized the social and political evolution of the laws and considers the prospects for their migration to other nations.     

U.S. International Broadcasting: The Case of Iran

This article is an examination of the current state of U.S. broadcasting to Iran. It also gives an overview of the structure of U.S. international broadcasting. The author illustrates how under the Bush administration, Radio Farda and Voice of America Persian TV were held accountable for helping to destabilize the Islamic Republic of Iran. However, critics, including those in the Pentagon and a number of congressional members, doubted the capacity of Radio Farda, in particular, to carry out such a purpose because of its entertainment focus. Contrary to self-professed declarations of independence and free and objective journalism, the author argues that the U.S. government uses strict editorial control to restrict its broadcasting entities within the boundaries of its foreign policy objectives.     

Measuring U.S. innovative activity: business data at the U.S. Census Bureau

Innovation is seen as a source of strength and vitality in the U.S. economy. Better measures of innovative activity—including but not limited to innovation alone—could improve what we know about the sources of productivity and economic growth. The U.S. Census Bureau collects data on some measures of innovative activity that research shows affect economic performance. But understanding how the effects work requires more than just measures of innovative activity. It also requires solid statistical information about core measures of the economy so we can rule out the possibility that a measure of innovative activity merely proxies for something omitted from or measured poorly in the core data. Gaps in core measures can be filled by better integrating existing data and by more structured collections of new data. Versions of this paper were presented at the NSF/SRS Workshop, Advancing Measures of Innovation: Knowledge Flows, Business Metrics, and Measurement Strategies, Arlington VA, June 6–7, 2006, and circulated to the Advisory Committee on Measuring Innovation in the 21st Century Economy, Economics and Statistics Administration, U.S. Department of Commerce. This paper is unofficial and thus has not undergone the review accorded to official Census Bureau publications. Lucia Foster, Ron Jarmin, Jeffrey Mayer, Thomas Mesenbourg, and Daniel Weinberg, and the editors made valuable comments. However, the views expressed in the paper are those of the author and not necessarily those of the U.S. Census Bureau.     

从美国法例看专利联营的反垄断法规制

本文系统介绍了专利联营的概念、类型及形成原因,从反垄断法的角度分析了专利联营所带来的促进竞争和反竞争的结果,考察了美国专利联营规制的历史发展过程及几个典型案例,分析了专利联营的理论和实践,以期对我国的理论和实践提供借鉴。     

美国消费者的“疯狂”维权之诉

每年3月15日的消费者保护日,似乎始终是个不痛不痒的日子。而在美国,亦有着类似的保护消费者的纪念日。与官方色彩浓厚的3·15相比,这个史特拉奖(Stella Awards)年度纪念日似乎显得有些疯狂荒诞。然而其背后蕴藏着的消费者保护法理,亦值得人们深思。     

The internationalization of U.S. Criminal Law Enforcement

B.A., Victoria University of Wellington 1964; LL.B., Victoria University of Wellington 1964; LL.M., Victoria University of Wellington 1967; LL.M., Columbia University 1968; J.S.D., Columbia University 1972.     

Exporting Gender Injustice: The Impact of the U.S. War on Drugs on Ecuadorian Women

Numerous researchers have documented the gendered impact of the United States’ domestic war against drugs. Women incarcerated for non-violent drug offenses are the fastest growing segment of America’s prison population because of the harsh penalties for using, selling and transporting illegal substances. The impact of U.S. drug policy on women in other countries, in contrast, has been overlooked. This paper argues that the greatly increased imprisonment of women in Ecuador for drug-related offenses is collateral damage of the U.S. war on drugs. The impact of the expansion of women’s imprisonment in Ecuador appears to be particularly damaging to the inmate’s children who frequently join their mother in prison. U.S. policy should not be exported to other countries before having a clear picture of the unintended negative consequences.     

The Politics of Obstruction: Republican Holds in the U.S. Senate

A defining feature of the modern US Senate is obstruction. Almost all pieces of legislation considered in the Senate are affected either directly or indirectly by obstruction. Obstruction takes many forms in the modern Senate, but one of the most prevalent, yet least studied, is the hold. Using a newly created dataset on Republican Senate holds, we cast light on this important practice. Our results suggest that a variety of factors including timing, party status, and a senator's voting record are related to both the prevalence of holds and the success of legislation subject to holds in the Senate.     

美国定罪后DNA检测立法评析

随着错案披露数量的增加,DNA检测的作用得到进一步证实.美国各州意识到必须进行定罪后DNA检测立法.司法部采取了相关的调研,随后,立法活动在各州全面展开,2004年<无辜者保护法案>的制定标志着立法进入成熟阶段.在此过程中,涉及对检测动议申请权的宪法属性探讨,律师帮助权以及法官看守职责的分析.迄今为止,立法DNA检测取得较好的效果.研究这一立法历程及其理论争议,既可以了解近十年的法律变革,也有利于我国法治建设的完善.