Rethinking Property Law modules: putting theory into practice

Property Law modules have a number of deficiencies at present. This article outlines the problems associated with Property Law modules, including the perception that Property Law is a difficult and boring module to study; overemphasis on the historical background of real property; lack of contextualisation; fragmentation of interests in real property; difficulties due to crossovers with other subjects; problems with resources; and issues concerning assessment. These problems should be remedied so that students can enjoy their study of Property Law and gain valuable skills that will enhance their employability. Moreover, given the recommendations contained in the LETR Final Report and recent proposals for changes to legal education from the SRA, this article provides a timely review of one of the Foundations of Legal Knowledge subjects. Accordingly, this article will make several recommendations in order to address the problems identified with Property Law.     

对一起私营医院缓报传染病疫情案件的法律适用问题的分析

本文通过对一起私营医院缓报传染病疫情案件的案例分析,重点剖析该案在法律适用上的争议问题,即本案应适用上位法还是下位法。在探讨此问题时,本文分别从以下两个角度予以剖析,一是将对上位法进行法律解释的角度作为切人点,探讨在法律选择上本案是否会涉及到上位法优于下位法这一基本的法律冲突解决原则;二是从对下位法立法原则剖析角度分析下位法本身的科学性。     

Facing into the wind's teeth: An interview with hal pepinsky

Editor's Note: The title of the interview comes from a poem by William Carlos Williams entitled The Manoeuvre. There Williams talks about seeing two starlings, just before alighting, turning in the air together backwards--but what got to him, he says, was that in doing so, they faced "into the wind's teeth." Commenting on the poem, Denise Levertov points out that, while it is a celebration of life, it also tells us that life sometimes requires adroit manoeuvering, its fullness emerging when we work not against but in cooperation with that which makes it most difficult. The interview speaks to this throughout.     

环境法理念初探

法律的价值取向是法律制度设计的精神家园。从全面把握自然属性的视角出发 ,本文详细阐述了环境法的一系列基本理念 ,将一些传统法的理念予以重新定位 ,以适应环境法的革命性需求。文中分析了可持续发展与环境法的互动 ,探索了环境安全在环境法价值体系中的地位 ,提出了构建人与自然相和谐的环境秩序 ,并追求跨越种际、代际的环境正义。     

Link law: The emerging law of internet hyperlinks

Although Internet enthusiasts often claim a right of on‐line associations, that is, a right freely to link to other content on the Internet, evolving case law demonstrates that there is no absolute right to associate or link on the Internet. Rather, business law at times imposes limits and penalties on linking. As business grows on the Internet, litigants are likely to use creative theories based on unfair competition and intellectual property law to seek limits on linking. This article examines the first waves of Internet link law cases, how the legal positions have been framed and the principles with which those cases have been resolved. The article reviews the basics of the legal theories used (and likely to be used in the future) to challenge links. The article then reviews key linking cases involving, among other issues, direct links, “framing” and “inlining,” hidden metalinks and contributory infringement through links and mirror sites. The article concludes that, contrary to the original ethos of Internet use, in the era of business use of the Internet, linkages will often be scrutinized and controlled, and sometimes discouraged, litigated or penalized.     

Incorporating consensus and conflict into the legitimacy of law

Recent research on the legitimacy of law is dominated by the confirmed effect of procedural justice on views of legitimacy. The procedural justice research, however, neglects the substantive component of law and how that substance may conflict with value systems of the various subcultures that constitute a complex society. This paper reviews classic and contemporary theory, as well as supporting empirical criminological research, in order to argue that views of the legitimacy of a given law can also be affected by such conflicting value sets. Allotting subculture a central influence, a model is proposed that integrates a sociological conception of the legitimacy of law with the existing research from psychology on procedural justice.     

Staring into the abyss: A crisis of the rule of law in the EU

Acceptance of the meaning, operation and enforcement of the rule of law in the EU by its Member States is critical to the Union's legitimacy. Any perceived or real crisis in the rule of law thus merits careful consideration. This article focuses on how a crisis in the rule of law occurred within the EU and how the intended ambiguity of the rule of law has entrenched this crisis. This article argues that the primary cause of the crisis has been the EU's development of a unique ideation of the rule of law ‐ as a constitutional norm, policy instrument and value ‐ that 'hollowed out' the rule of law from a constitutional principle to an expedient policy tool. The EU institutions have entrenched the crisis in the rule of law and then tried to manage the chasm between what it deems as respect for the rule of law and certain Member States' conduct.     

试论行政法利益平衡功能

利益可以分为国家利益、社会利益和个人利益。国家利益与社会利益可以统称为公共利益。个人利益与公共利益之间存在冲突的现实性。行政法律制度的一个重要功能就在于协调国家、社会、个人三者之间的利益于一个良性的法律和社会秩序之中。     

Assessing children's competency to take the oath in court: The influence of question type on children's accuracy

This study examined children's accuracy in response to truth-lie competency questions asked in court. The participants included 164 child witnesses in criminal child sexual abuse cases tried in Los Angeles County over a 5-year period (1997-2001) and 154 child witnesses quoted in the U.S. state and federal appellate cases over a 35-year period (1974-2008). The results revealed that judges virtually never found children incompetent to testify, but children exhibited substantial variability in their performance based on question-type. Definition questions, about the meaning of the truth and lies, were the most difficult largely due to errors in response to "Do you know" questions. Questions about the consequences of lying were more difficult than questions evaluating the morality of lying. Children exhibited high rates of error in response to questions about whether they had ever told a lie. Attorneys rarely asked children hypothetical questions in a form that has been found to facilitate performance. Defense attorneys asked a higher proportion of the more difficult question types than prosecutors. The findings suggest that children's truth-lie competency is underestimated by courtroom questioning and support growing doubts about the utility of the competency requirements.     

我国银行市场准入法制存在的问题与对策

我国已经加入世贸组织,涉及外资银行的法制在外资银行市场准入问题上,结合加入世贸组织的承诺方面作了修改。新近出台的法律文件中有关外资银行市场准入的规则作了较大的变化,但仍有诸多缺漏,本文即对外资银行市场准入法制的这些缺漏作以分析,针对具体的完善办法提出一些意见。