May,Should, or Do,Administrative Judges Participate in the Management of the Public Sphere in the Rule of Law?

The article concerns the actual impact of courts controlling the activity of public administration on the direction of its activities and the content of issued decisions. In particular, it concerns sovereign individual decisions that affect the sphere of civil rights and freedoms. The aim of the article is to seek an answer to the question of whether independent judges actually participate in the process of management in the public sphere, which is characterised by elements of politics and (regardless of the answer to this question) whether such participation is allowed or (even) necessary in modern rule of law states. The main argument is that regardless of whether the courts controlling the administration have reformatory or exclusive cassation powers, they influence the decision-making process in the public sphere. At the same time, such influence not only does not violate the fundamental values of the rule of law, but is even sometimes necessary. This does not mean that courts should interfere in the management processes in the public sphere in every case.

     

Should I help my neighbor? Self-interest,altruism and economic analyses of rescue laws

This article shows that the economic analyses of rescue laws developed in the ‘70s are the outcome of a long-term process that began at the end of the 1950s with the passing of the first legislations intended to promote and control rescue behaviour (the so-called “good Samaritan” legislations, acts or statutes) and that finally results in the economic models of rescue developed by Landes and Posner (The Journal of Legal Studies, 7(1):83–128, 1978a; The American Economic Review, 68(2):417–421, 1978b). The article investigates the context that made the occurrence of the economic analysis of rescue law possible and the controversies that it fueled in both the legal and economic fields. It also highlights the influence of the economic analysis of altruism on this particular field of law and economics.     

‘Should I Stay or Should I Go ?’—A Critical Analysis of the Right to Withdraw from the EU

This article seeks to answer one of the key questions facing the EU in the future: what effect will the new right to withdraw have on the EU? Will it lead to a gradual fragmentation of what was supposed to be ‘an ever closer union of unlimited duration’? Or will it even mark the beginning of the end of the Union? In order to answer these complex questions, this article first briefly analyses the pre‐Lisbon situation regarding withdrawal. It then critically examines the newly inserted Article 50, which codifies the right to withdraw. Having done so, it will then examine whether non‐legal considerations, such as political and economic reasons, will render withdrawal a theoretical rather than realistic option.     

Comprehensive analysis of the inspection-free system in China: Should it be modified,abolished or left as it is?

In recent years, whether the inspection-free system in China should be kept or abolished has become a focus for the media, the public, academia and administrators. This article aims to discuss the consequences of the inspection-free system. It is found that the inspection-free products are unlikely in high quality, rather an outcome generated by improperly inflating the inspection-free marks through the interactions of administrations, enterprises, consumers, the media and quality indicators. Due to the great difficulty in inspecting product qualities and measuring their potential harm, the implementation of the inspection-free system would adversely affect the product quality monitoring. As a consequence of the short-sighted consideration at formulation of the inspection-free system, it is suggested to get rid of it. In case that the General Administration of Quality Supervision, Inspection and Quarantine of China (“AQSIQ”) prefers to have the current system kept in consideration of promoting the information access and enforcement efficiency, some modifications should be made in terms of punishment measures, product quality supervision and reserved application.     

Does accessible technology need an ‘entrepreneurial state’? The creation of an EU market of universally designed and assistive technology through state aid

EU State aid law has sought to enable people with disabilities to obtain employment, yet has not been explicitly included in the toolbox of policy options to improve the availability and choice of accessible technology within the EU Internal market. This seems to be the consequence of an inherent bias against State intervention in the market, which is mostly unwelcome since it can limit open and free competition. This also reiterates the ‘less-aid’ policy and the purely economic approach to State aid professed by the European Commission. Against this background, this article discusses the potential for EU State aid policy to foster both ‘design for all’ and innovative assistive devices for people with disabilities. It seeks to argue that the goal of an EU-wide market of accessible technology can be achieved using EU State aid law. In particular, this article aims to highlight that a more targeted use of EU State aid law can lead developers to increase the production of accessible goods, to adjust or reduce prices and to provide consumers with a greater degree of choice in a greater number of marketplaces. Whilst it adopts a legal approach, this analysis relies inter alia on economic evidence and recalls the pamphlet recently published by Mazzuccato, from which the title of this work has drawn inspiration.     

Is Terrorism a Crime or an Aggravating Factor in Sentencing?

Common law systems, in criminal cases, distinguish between theguilt/innocence proceedings and the sentencing stage. This isnot the case in civil law systems where criminal trial consistsof a single phase, combining the inquiry into guilt with sentencing.Under common law practice many facts relevant for sentencingare considered irrelevant at the stage of finding guilt forthe commission of the crime. Aggravating elements, therefore,address a fundamental distinction of substantive criminal lawbetween guilt and dangerousness: guilt is a determination ofresponsibility for a prior wrongdoing; dangerousness is a speculativefuture determination. The intensification of terrorist activityin the past few years has made terrorism one of today's mostpressing problems. But is terrorism a crime or an aggravatingfactor in sentencing? In this article, the author challengesconventional wisdom regarding the meaning of ‘terroristcrimes’, by providing a conceptual understanding of ‘terrorism’,as well as articulating a theory of guilt. Terrorists seldomexpress ‘guilt’. The word ‘terrorism’describes, instead, an overriding motivation, a way of acting,rather than the objective circumstances of acting. Terrorismis nothing but common crimes although committed with an overridingmotivation of imposing extreme fear on the nation as such. Theauthor presents the conceptual grounds of the phenomenon ofterrorism as it has evolved through history, before enquiringinto the meaning of ‘terrorist crimes’: the overridingmotivation associated with the concept of terrorism constitutesthe degree of cognate dangerousness of terrorist crimes.     

Deterioration or refinement? Impacts of an increasing number of lawyers on the lawyer discipline system in Japan

This paper discusses the impacts of an increasing number of lawyers (bengoshi) on the lawyer discipline system in Japan. Due to a relatively small number of lawyers up until the 1990s, few people, including citizens and lawyers themselves, cared about the misconduct of lawyers. However, there appears to be a recent change in this tendency. The sudden increase in the number of lawyers after the Justice System Reform in 2001 focused citizens’ awareness on quality in the practice of law. Some lawyers claim that the increase in the number of young lawyers has deteriorated the quality of legal services, thereby damaging public trust in lawyers. In this paper, I analyze lawyer discipline cases from 1988 to 2015 that are available to the public. The result shows that while the number of disciplinary cases actually has increased since 2004, it is not young lawyers but primarily experienced senior members who have contributed to the increase. In conclusion, I argue that an increase in lawyer discipline is a positive phenomenon for the Japanese bar in developing detailed ethical standards, thereby providing better legal services.     

Oxycodone intoxication in an infant: accidental or intentional exposure?

A case is presented of a 10 month old male who went into cardiac arrest at a local store. The infant subsequently expired and was autopsied at the Office of the Chief Medical Examiner, State of Maryland. The only remarkable finding was the detection of oxycodone in the postmortem specimens; the blood and liver oxycodone concentrations were 0.6 mg/L and 1.6 mg/kg, respectively. Oxycodone was identified and quantitated by gas chromatography-nitrogen-phosphorus detection and confirmed by full scan electron ionization gas chromatography-mass spectrometry. The medical examiner ruled that the cause of death was oxycodone intoxication, and the manner of death was homicide. The key toxicologic question in this case was whether or not it was reasonable for the infant to be exposed to oxycodone exclusively through breast milk or through an alternate source. It was concluded that, at best, there were serious concerns about the likelihood of drug exposure through consumption of breast milk.     

Garment, or Upper-Garment? A Matter of Interpretation?

In an adversarial common law courtroom, where one party tries to defeat the other by using words as weapons, polysemous words more often than not pose a problem to the court interpreter. Unlike in dyadic communication, where ambiguity can be easily clarified with the speaker by the hearer, court interpreters’ freedom to clarify with speakers is to a large extent restricted by their code of ethics. Interpreters therefore can only rely on the context for disambiguating polysemous words. This study illustrates the problem of polysemy in an interpreter-mediated rape trial. It exemplifies how the interpreter’s goal to avoid contradictions by making her interpretation of a polysemous word consistent with the preceding context runs counter to that of the bilingual cross-examiner, whose primary goal is to identify inconsistencies in the hostile witness’s testimony in order to discredit him. This study also manifests a denial of the interpreter’s latitude in the interpretation of contextual clues and her loss of power in a courtroom with the presence of other bilinguals.     

The internet and the state: Instrument of social control or subversive tecnology?

Conclusion Technological progress always contains within it the ironic dialectic of liberation and domination. The computer-based information highway is no exception. As a consequence, our own view is that the computer revolution contains the potential for both over-control and subversion of control. Science and technology are not neutral. They are social constructs that exist only within a context of choices of development and application. Therefore, it is not the technology that constrains, or oppresses, or liberates. Rather, the emancipatory potential of this new technology lies in the degree to which those who use it can disseminate it and maintain it as a relatively low-cost communication tool. To date, many of those involved in expanding the Internet frontier have generally been suspicious of and resistant to government intrusion into the Net. While it is often easier to simply dismiss such suspicion as the ranting of conspiracy theorists, history has taught us that such a na?ve faith in the benevolence of the government is unwise. Our intention here has not been to provide a definitive conclusion about the past, present, or future state of technological progress; instead we hope that our discussion will spark further critical analysis of technology and related topics.     

Who should determine what is best for children in state custody who object to psychotropic medication?

This article explores a child's right to refuse medical treatment, in contrast to giving the state or the parents this choice. The article specifically explores a child's right to refuse psychotropic drugs, which are more limiting of personal liberty than physical restraints and can have long-lasting side effects. With a focus on children's competence and the significant side effects of psychotropic drugs, the author concludes that caseworkers do not know the best interests of children in state custody and thus adolescents should be allowed to make their own decisions about psychotropic medications.     

The meaning of “the public interest” in communications policy,part I: Its origins in state and federal regulation

In the United Kingdom, a super-injunction is an interim action that prevents those against whom it is issued and any third parties who have notice of the injunction – including members of the media – from communicating about the subject in question. The media are not allowed to even reference the fact that there is an injunction in place. Often, the proceedings are anonymised, meaning the identities of the applicant and respondent are unknown, with initials replacing names. Super-injunctions and anonymised orders create tension between freedom of the press and privacy and deviate from fundamental principles of open justice. This article examines the role of super-injunctions in English media law, the tension between individual privacy and the need for an open justice system, and the implications of social media sites such as Twitter in the super-injunction process.     

Contracts obtained by means of bribery: should they be void or valid?

This paper argues that contracts obtained by means of bribery should be valid. Nullity and voidability decrease the incentive for voluntary disclosure, assist corrupt actors with enforcing their bribe agreements and provide leeway for abuse. Thus, they run counter to effective anti-corruption. It is argued that other instruments are more suitable for preventing corruption.