Rashid Nurgaliyev Had His Chance and Missed It

Two legislators, members of the ruling United Russia party—Andrei Makarov and Aleksandr Khinshtein—demand the resignation of head of the Ministry of Internal Affairs (MVD) Rashid Nurgaliyev for the failings of police reform.     

It Is Inexpedient to Repeat Recertification!

Head of the Personnel Directorate of the MVD for the Republic of Mordova Igor' Zubarov discusses the results of recertification and proposals for future police reforms.     

Co-witness Information Can Have Immediate Effects on Eyewitness Memory Reports

When questioning a reluctant witness, investigators sometimes encourage the witness by providing information about what other witnesses have said. Three experiments were conducted to test the combined effects of such co-witness information and suggestive questioning on the accuracy of eyewitness memory reports. Experiment 1 was analogous to the experience of a witness who receives information from an interviewer or questioner about what other witnesses have already said, whereas Experiments 2 and 3 simulated the situation in which a witness receives information directly from a co-witness. In all three experiments, when participants received incorrect information about a co-witness's response, they were significantly more likely to give that incorrect response than if they received no co-witness information. This effect persevered in a delayed memory test 48 h after the initial questioning session in Experiment 3. Accuracy rates were lowest of all when incorrect co-witness information was paired with questioning that suggested an incorrect response. These results have implications not only for the immediate effects on the accuracy of witnesses' memory reports, but also for the impact that even one such inaccurate report can have on the manner in which a case is investigated by the police or other authorities.     

Can Making It Harder to Convict Criminals Ever Reduce Crime?

This paper attempts to find the optimal level of the burden of proof needed in criminal cases in order to minimize crime. It also aims to provide an explanation for the higher burden of proof required in criminal cases than civil cases. It assumes that police officers receive incentive payments for convictions in cases they investigate. Although the direct effect of a higher burden of proof requirement is to reduce the probability of conviction, the indirect effect is to force police officers to build stronger cases and put more effort into finding suspects who are more likely to be guilty. Moreover, the increase in the marginal probability of conviction potential criminals face when they actually commit a crime increases. These factors imply that a reduction in the burden of proof will not necessarily reduce crime.     

Can Saying Something Make It So? The Nature Of Seditious Harm

In this paper, I redress an analytic deficit in debates about sedition by providing an explanatorily account of the relation between speech and action using speech act theory as developed by J.L. Austin. The specific focus will be on speech acts advocating violence against the state, in the form of religious sermons preaching violent jihad or glorifying acts of terrorism. This philosophical account will have legal consequences for how we classify speech acts deemed to be dangerous, or to cause harm. It also suggests that because speech can constitute action or conduct in certain circumstances, sedition laws, in principle, might be defensible, but not in their current form.     

论体育赛事转播权的体育法规制

体育赛事转播权作为一种体育行业约定俗成的惯用语,在我国并未构成法律权利。体育赛事转播“三点三层”的商业模式和法律构架能够证明,体育赛事转播建筑于赛事组织者对于体育赛事所享有的某种未经法律认可的基础性权利。学理分析表明,“商品化权”和“无形财产权”的学说并不能正确解释此种基础权利,而“物权”和“民事权益”的解释方法也难以精确的定位该权利属性。因此,赛事组织者对体育赛事所拥有的绝对权难以在现有法律体系内得到妥善解释。在比较欧美体育强国有关体育赛事转播权法律定性的基础上,本文指出,赛事权利应由体育法进行规范,赋予体育协会赛事权利人的合法地位,从而借助民法和体育法间的一般法和特别法关系完整保障赛事权利,这也是解决具有行业特殊性的体育法律问题的一种有效方式。     

论美国毒物致害侵权责任的特殊免责抗辩及对我国产品责任法的启示

我国<产品质量法>中所规定的三个免责条款存在若干问题,本文通过比较法研究,认为我国的产品责任立法或者未来的中国民法典侵权责任法编应该对"最高工艺"抗辩或称"发展风险"抗辩进行适当限制,同时还应该对美国产品责任法上的一些特殊免责抗辩进行合理吸纳.     

Carry the Banner Where It Can Be Seen: Small Wins for Social Justice

In this article we address the following questions: How is oppression maintained? What resources enhance human welfare, thereby weakening oppression? and How can the systems of oppression be challenged and interrupted? Our response to the last question is: “Organize on the local level with real allies to effect small wins that encourage political participation.”     

Supreme Court Elections: How Much They Have Changed,Why They Changed,and What Difference It Makes

This essay draws on four recent studies of elections to state supreme courts in the United States to probe widely perceived changes in the scale and content of electoral campaigns for seats on state supreme courts. 1 Evidence from these studies and other sources indicates that changes have indeed occurred, though they are more limited than most commentaries suggest. These changes stem most directly from trends in state supreme court policy that have attracted interest‐group activity, especially from the business community. Like their extent, the effects of change in supreme court campaigns have been meaningful although exaggerated by many observers. What we have learned about changes in supreme court elections has implications for choices among selection systems, but those implications are mixed and complex.     

“Starving Is the Most Fun a Girl Can Have”: The Pro-Ana Subculture as Edgework

The media have been focusing on websites that are “pro-anorexic” to illustrate the pervasiveness of eating disorders in the US. This study focuses on the narratives of women who participate in “pro-ana” sites using Lyng’s (Am J Sociol 95:851–886, 1990) concept of edgework. Results indicate that women struggle with feelings of loss of control and through various skills are able to resume control. These data point to the intense emotive reactions fasting elicits, reactions which both reinforce and provide motivation to remain in the subculture. Findings contribute to the literature by focusing on women’s edgework and demonstrating the similarities between men and women edgeworkers.     

杨鸿烈其人其书

本文在对我国 2 0世纪上半叶著名法律史学家杨鸿烈的生平事迹进行叙述的基础上 ,着重对其三部代表作《中国法律发达史》、《中国法律思想史》和《中国法律对东亚诸国之影响》的基本内容、主要特征和在学说史上的贡献作了阐述 ,并就中国现代法律史学如何走向繁荣发表了看法。     

三位民国法学家关于中国法理自觉的探讨

本文从民国时期三位法学家的理论入手,通过分析他们的理论,发掘他们主要因应的社会、法律问题,从而指出他们的法律理论几乎都沿着晚清的礼法之争,试图在理论上为西方法律在中国社会的有效性及其正当性,提供理论支持,代替西方法律只有政治支持的局面,以期最终莫定西方法律在中国社会的基础.同时,通过检讨他们的理论的有效性,指出他们的法律理论在中西之间的理论困境.     

考夫曼的生平与思想

2001年4月11日,阿图尔·考夫曼(Arthur Kaufmann)逝世于慕尼黑,享年78岁.德国法哲学因他故去失却了一位最优秀的和最具国际声望的代言人.由阿图尔·考夫曼倾注极多个人心血创办和扩建的慕尼黑法哲学和法律信息学研究所,在他的领导下,已发展成为国际法哲学研究的中心.