Online teaching and copyright from the European Union perspective in COVID times

China-EU Law Journal - Teaching may involve the use of copyrighted works. It is very important that teachers and professors know two things: (1) what kind of contents they can use in their classes;...     

COVID 19: how coercive were the coercive measures taken to fight the pandemic

European Journal of Law and Economics - Preventive detention legislation allows for the ongoing detention of an offender’s sentence. We explore the effects of pretrial detention on case...     

SCOTUS in the time of COVID: The evolution of justice dynamics during Oral arguments

We assess changes in oral arguments at the US Supreme Court precipitated by the COVID-19 pandemic and the degree to which those changes persisted once the justices acclimated to the new procedures. To do this, we examine whether key attributes of these proceedings changed as the Court experimented with telephonic hearings and subsequently returned to in-person oral arguments. We demonstrate that the initial telephonic forum changed the dynamics of oral argument in a way that gave the chief justice new power and reconfigured justices' engagement during these proceedings. However, we also show that the associate justices adapted to this new institutional landscape by changing their behavior. The findings shed light on the consequences of significant, novel disruptions to institutional rules and norms in the government and legal system.     

法治时代的依法行政

依法行政是现代法治国家政府行使权力时所普遍奉行的基本准则,它反映了社会从人治向法治转 变的历史进程。对依法行政内涵的准确把握和界定,是深化行政法学理论研究的需要,也是指导行政法治实践的需要。文章从不同的角度对“依法行政”进行了全方位的思考,阐释了法治国家理念下的“依法行政”所蕴涵的基本思想。     

新时期利益原则的时代思考

利益是一个人生存和发展的基本条件,是人与人、人与集体之间矛盾的主要根源,是道德和所有人类规范的核心所在,也是人类一切活动和制度的实质。在我国市场经济发展新时期,思想政治工作的利益原则应有新的内涵。本文主张的利益原则不是社会主义道德体系中的"新集体主义"的简单重复,而是在以人为本思想指导下,以经济领域中看得见的"利"作为理论思维的切入点和理论线索,从市场经济利益关系中发掘思想政治教育新的生长点,达到育与利的共存目的。     

Crime and punishment in times of pandemics

European Journal of Law and Economics - How should we think about crime deterrence in times of pandemics? The economic analysis of crime tells us that potential offenders will compare the costs and...     

Tools for living in interesting times

Previously at ITI, he directed the Center for Social and Economic Issues (1984–88) and headed Innovation Processes Research (1979–84). Tornatzky, who was also professor of psychology and urban studies at Michigan State University, received his Ph.D. from Stanford University. He has co-authored nine books and monographs and more than 80 articles and papers.     

Discourse theory of law in times of populism

Jürgen Habermas's discourse theory of law has shaped debates on what we consider to be legitimate law. This contribution will firstly identify the Zeitgeist in which discourse theory emerged. Secondly, it points out the emancipatory potential of law that discourse theory has helped us to understand, both on a domestic and a transnational level. Thirdly, the paper turns to discuss two recent challenges for the discourse theory of law, namely (a) the realities of social power that undermine and contradict its promises, and (b) the rise of populism, which places the core normative assumptions of discourse theory in doubt.     

中国古代慎刑思想研究--兼与20世纪西方慎刑思想比较

中国古代法中慎刑思想是其主流思想。它发端于西周的“明德慎罚”思想,汉代又在儒学与阴阳学等影响下进而承继和发展为“德主刑辅”的立法观。延至盛唐进而发展为“德礼为政教之本,刑罚为政教之用”,此后,宋、明、清均承继之,并在慎刑措施上各有建树。中国古代法的慎刑观受经济地理、宗法血缘以及儒、道、佛三教合一的宗教文化等因素的影响,长期存在并持续三千多年之久。中外慎刑思想比较,共性在于刑法中仁爱观、教育观有其通性的一面。故而我国当今刑法改革中可吸收西方举措中人道主义的一定措施。在中国,这种吸收具有传统文化的思想积淀。     

论临床教学实践与患者隐私权保护

医学教育临床教学实践要求对患者隐私权进行保护,临床教学实践必须获得患者的知情同意,并符合一定的构成要件。     

New developments at the University of Ottawa Community Legal Clinic

This is another in our series of articles about Canadian legal clinics that provide specialized services to people with HIV/AIDS. Vanessa Gruben describes new trends in legal issues observed by the University of Ottawa Community Legal Clinic since the last article by the Clinic in 1999, as well as other programs and projects undertaken by the Clinic over the last year.     

谈公共危机事件中政府对网络舆论的引导

在互联网信息时代背景下,作为公共危机事件管理主体的政府如何有效引导网络舆论,充分发挥网络媒体在公共危机事件处理过程中的积极作用是一个需要认真研究的问题。本文从网络舆论涵义及特点入手,分析了目前我国公共危机事件中政府应对网络舆论存在的主要误区,提出了政府在公共危机事件中有效引导网络舆论的具体方法。     

Long-term marriage patterns in the United States from colonial times to the present

Marriage in colonial North America was notable for being early (for women) and market by low percentages never marrying. This was different from the distinctive northwest European pattern of late marriage and high proportions never married late in life. But the underlying neolocal family formation behavior was the same in both colonial North America and the areas of origin of this population. Thus, Malthus was correct. Abundant resources rather than basic behavioral differences made early and extensive marriage possible in the colonies. Between 1800 and the present there have been long cycles in nuptiality. Since about 1800, female age at first marriage rose from relatively low levels to a peak around 1900. Thereupon a gradual decline commenced with a trough being reached about 1960 at the height of the baby boom. There then began another, and rapid, upswing in female marriage age. Proportions never married at ages 45–54 replicated these cycles with a lag of about 20–30 years. Since 1880 (when comprehensive census data become available), male nuptiality patterns have generally paralleled those of women. Male marriage ages were higher than those of females with proportions never marrying also usually higher. Considerations of differentials by race and ethnicity are important in looking at the American experience over time. Ages at marriage in the black population have, for example, moved from being lower to being higher than those for whites. More work is needed in the period 1800 to 1880 when we lack comprehensive census data, vital records, and other data sources.     

The challenges to Mexico in times of political change

Mexico is making the transitionfrom an authoritarian to a democraticsociety. It has significant criminaljustice and public security challenges inthis new era of its political history. Mexico's law enforcement institutions stilllack accountability and the trust of thepeople. Although President Vicente Fox hasdeclared that he will improve publicsecurity and reform law enforcement, he hadfailed to produce significant results thusfar. In order for Fox to achieve thesegoals, he must implement institutionalaccountability and transparency, improveintelligence collection capabilities tocombat organized crime and drugtrafficking, and develop a more broad basedeconomy that will benefit all of Mexico.