Terri Schiavo: the assessment of the persistent vegetative state in accordance with German law

The case of Terri Schiavo in the USA served to intensify the debate in Germany which itself had in part already been characterised by fundamentalism. Now that some time has elapsed and the political debate has quietened, this case is to be taken up again in discussing the permissibility and the prerequisites of passive euthanasia for patients in a persistent vegetative state. A short reconstruction of the facts of the case (II) is to be followed by a survey of the case law of the Criminal Panels (III) which is essential to understand the present legal policy debate to be discussed at a later stage (IV).     

"Lies,Lies, Lies": The Origins of New York Times Co. v. Sullivan

New York Times v. Sullivan stands as a monument to the proposition that robust and open political discourse is the best guarantee of democratic self-governance. Some scholars have connected the case to the civil rights movement, of which it was surely a part. Others have noted the negative impact Sullivan had on the civility of public discourse. This essay approaches the case from the perspective of white moderates in Montgomery who believed that the law of libel should protect the so-called "best men" by upholding habits and manners of civility. The Sullivan case is notable, then, for the sectionally bound social assumptions of the white moderates that animated the litigation in the first place and whose exuberance in doing so ultimately undermined the values they sought to protect.     

The Schiavo and Korp cases: conceptualising end-of-life decision-making

An incompetent, terminally ill patient can be viewed in two ways--as a person who is dying, when futile, life-prolonging treatment can be lawfully withdrawn; or a person with a disability, for whom a guardian must be appointed to decide about treatment. Terri Schiavo's husband took the first view and her parents the second. Maria Korp was regarded as dying when treatment was withdrawn. The difference in conceptualising a patient's situation is critical. Where a patient is dying, treatment can be lawfully withdrawn whatever the view of the relatives; they cannot require treatment to be continued. Where a patient has a disability and a surrogate decision-maker is appointed, the focus is on what the patient would have wanted in such circumstances, so that the surrogate can act in accordance with the patient's wishes. That deflects attention from the fundamental legal principle that whatever a patient or the relatives want, they are not legally entitled to demand treatment that doctors consider futile in the circumstances.     

论案件事实的“重建”方法

侦查阶段查明和认定的案件事实,是运用证据“重建”的法律中规定的案件事实,“重建”的案件事实是对客观事实的虚拟性再现。“重建”案件事实的方法主要有:搜集材料,识别案件的事实特征;分析案情,在思维上建构案件事实;查证核实,重新评价建构的案件事实;完善证据,确认案件事实。     

案件事实的形成及其法律判断

作为法律判断根据的案件事实区别于客观事实和规范事实,案件事实是在客观事实基础上依据规范的事实要件构筑的。案件事实及其判断既为法律规范所规定,又为社会生活实际所制约,兼有主客观共居的属性。案件审理中的事实认定与法律判断,不是两个可以简单分开的阶段或过程。案件事实和可得适用的法律的发现及其判断,几乎是同步进行并相互制约的。     

从"Playboy"公司诉"Terri Welles"案看商标的合理使用

1999年12月1日,美国加利福尼亚地区法院对“Playboy”公司诉"Terri Welles”女士商标侵权一案做出了有利于被告的简易裁决,双方对此未提出上诉。由于我国的知识产权法未对商标的合理使用问题做出规定,因此,本文拟在对该案进行介绍的基础上,分析商标的合理使用问题,以期对我国知识产权法的理论与实践有所借鉴。一、案情简介(一)双方当事人及背景介绍原告“Playboy”公司(简称PEI)是一家国际性的出版和娱乐公司。1953年,PEI开始发行“:Play-boy"杂志,该杂志拥有十分广泛的读者。另外,PEI还发行诸如“Playboy’s Playmate Review”、“Playboy’sPlaymates 0f the Year”、“Playboy’s Calendar Play-     

Suspects,Lies, and Videotape: An Analysis of Authentic High-Stake Liars

This study is one of the very few, and the most extensive to date, which has examined deceptive behavior in a real-life, high-stakes setting. The behavior of 16 suspects in their police interviews has been analyzed. Clips of video footage have been selected where other sources (reliable witness statements and forensic evidence) provide evidence that the suspect lied or told the truth. Truthful and deceptive behaviors were compared. The suspects blinked less frequently and made longer pauses during deceptive clips than during truthful clips. Eye contact was maintained equally for deceptive and truthful clips. These findings negate the popular belief amongst both laypersons and professional lie detectors (such as the police) that liars behave nervously by fidgeting and avoiding eye contact. However, large individual differences were present.     

事实推定:事实认定困境克服之手段

事实推定是为了帮助法官解决事实认定困难而设计的技术手段.运作机理是通过人工构建推理前提推导出要件事实.为确保推定事实的真实性,事实推定需要遵守三个基本要求:依据经验法则选择事物之间的常态联系作为推理前提,并允许受不利影响的当事人对推定事实进行反驳.     

The Continuing Clinicolegal Conundrum of the Boston State Hospital Case

Whatever powers the Constitution has granted our government, involuntary mind control is not one of them. …
[S]ubjecting a patient to the humiliation of being disrobed and then injected with drugs powerful enough to immobilize both body and mind is totally unreasonable by any standard.