Immigration and the emergence of right-wing violence in unified Germany

The articles that make up this special issue were all derived from presentations at a conference that took place at the Pennsylvania State University in the Fall of 1993. This paper presents an overview of the themes and issues discussed at that conference. While the conference was broadly international, co-sponsored by Penn State University and the Max-Planck-Institut and supported financially by the DAAD, the articles included in this special issue focus principally on the nature and amount of hate crimes and xenophobia in Germany. This article describes the international and comparative nature of the conference and explains the decision to focus on the German situation.     

Youth justice conferencing and police referrals: The gatekeeping role of police in Queensland, Australia

Youth justice conferencing in Queensland, Australia relies on the discretionary referral of young offenders by the police. The low rate of police referrals to conferencing is an ongoing concern for conference organizers. The research presented in this study explored Queensland police officers' training, experience, understandings of youth justice conferencing, and their individual discretionary policing style. The impact of these factors on officers' attitudes towards conferencing and their reported likelihood of referring to conference were examined. One hundred eighty-four Queensland police officers stationed in police regions where conferencing was available participated in the study. Of these officers, 15 percent had never heard of conferencing. Of officers who had heard of conferencing, 35 percent had received training, 21 percent had referred a young person to a conference, and 20 percent had attended a conference. Officers' understandings of conferencing were significantly related to their reported likelihood of referring a young person to a conference. The results indicated that to increase police referrals of young people to conferences, police need to be exposed (both through training and attendance) to the philosophy of and procedures involved in conferencing.     

广东省法学会禁毒法律政策研究会2013年学术年会综述

2014年1月7日,广东省法学会禁毒法律政策研究会2013年学术年会在广州市举行,会议主题是"新刑事诉讼法背景下禁毒执法、司法热点问题研究"。会议采取专家论坛与专题论坛相结合的形式,为理论界与实务界两者的契合提供了平台,创新了年会模式。随着新刑事诉讼法的实施,毒品侦查工作面临着严峻挑战与发展机遇,广东毒情严重,网络贩毒、利用物流和快递贩毒、外国人贩毒等成为近年凸显的犯罪形式,毒品案件侦查中证据的收集与运用存在诸多不足,没能形成证据链条,电子证据获取与运用困难,会议就上述几方面展开了热烈的讨论。     

坚持和完善全国人大的会期制度

会期制度是立法机关活动的一项基本制度。在一定条件下 ,会期时间的多少决定着立法的民主程度。全国人大的会期制度是人民代表大会制度的重要组成部分 ,符合国情 ,必须坚持 ,但也需要完善。本文在对全国人大会期制度进行了量化地、比较地分析之后 ,提出了若干完善全国人大会期制度的建议。     

庭前会议：从法理到实证的考察

为了促进集中审理的实现,2012年刑事诉讼法增设了庭前会议程序。从规范分析的视角可见,该程序主要处理与审判相关的程序性争议,具有证据开示、非法证据排除、争点整理、沟通说服、程序分流和调解和解等六项功能。庭前会议既为集中审理做准备,又间接过滤不当起诉,以保障人权。通过样本分析可见,某些地方的司法机关将庭前会议中的证据异议等同于法庭质证,赋予庭前会议以裁决效力,这反映出司法实务部门过度追求效率的倾向。庭前会议制度的生长,应当在程序法定原则之下,既尊重庭审的中心地位,保持庭前会议与庭审的平衡,又充分释放其功能和影响,实现效率的最大化。     

徜徉于哲学与法学之间-“事实与证据：哲学与法学的对话”国际研讨会综述

近年来,中国证据法学的研究取得了长足的发展。但随着讨论主题范围的日渐扩展以及程度的不断加深,证据法学研究中的许多问题越来越难以通过法学这一单一学科予以解决,急需与其他学科的学者进行对话,在这一背景之下,“事实与证据：哲学与法学的对话”国际研讨会在华东师范大学顺利召开。围绕“如何运用证据认定事实”这一问题,本次研讨会从“证据”和“事实”的基本含义及其相互关系、“司法认识论”、“事实认定的规则与方法”、“司法证明的标准”、“概率与证明”等五个方面进行了精彩的观点交换与交锋,在讨论中各位学者既达成了一些基本共识,也引出了许多有待深入研讨的话题。     

庭前会议的功能定位与实践反思--以B市40个刑事案件为样本

按照刑事诉讼法和相关规范性文件的设定,刑事庭前会议主要解决程序性争议,基本功能是归纳控辩争议焦点,确定法庭调查范围;拓展功能衍生为推动案件繁简分流,规范撤回起诉程序,协商确定审判方式。通过对B市40个刑事案件的实证分析发现,庭前会议解决程序性争议的功能有限,庭前会议与庭审程序的关系不明,"大庭前会议、小庭审程序"现象值得警惕,制度设计与实践操作存在一定的紧张关系。未来要谨防庭前会议替代、削弱正式庭审,避免辩护权弱化、庭审虚化等不良倾向,回归庭前会议功能,推动庭审实质化。     

庭前会议中非法证据排除处理方法研究

2013年1月施行的《刑事诉讼法》中增加了庭前会议程序,其中对于非法证据排除的相关内容引起了法学理论界和司法实务部门的广泛关注,对庭前会议司法实践的实证研究表明庭前会议程序本身还存在法规模糊、制度欠缺等问题,其中对于非法证据的处理更是争议的焦点.在系统分析我国现行法律法规体系中有关庭前会议中非法证据排除的相关条款的基础之上,通过对司法实践以及法学理论界的不同观点的考察,本文从我国当前刑事司法体系发展阶段及特点出发,提出除控辩双方争议较大的情况以外,非法证据排除问题原则上应当在庭前会议中解决,同时法律法规应明确庭前会议中非法证据排除决定的效力.     

THE IMPACT OF CONTINUING EDUCATION TRAINING ON LAW GUARDIAN KNOWLEDGE,EFFICACY, AND PRACTICE BEHAVIORS

There is an increased demand for law guardians in domestic violence cases, especially those involving child witnesses. Training is required for law guardians to meet child clients’ needs. While workshops and conferences are typical venues for continuing education training, their effectiveness is unknown. This pilot study compared law guardians who attended a conference on community violence and children to nonattendees on several training outcomes. Results showed a positive impact on attendees’ feelings of efficacy and intentions to carry out new practice behaviors post‐conference; differences were maintained at follow‐up. Limitations and implications of this pilot study are discussed.     

BUILDING PARTNERSHIPS TO PROTECT CHILDREN

A collaboration between Hawaii's Family Court and Child Protective Services resulted in statewide adoption of a form of family group conferencing–called 'Ohana Conferencing–which involves immediate and extended family, child welfare professionals, and others in a process of planning for the safety of children. The authors describe this model, its principles, origins, and format, emphasizing the importance within the conference of private family time apart from professionals. They discuss similarities and differences between 'Ohana Conferencing and mediation, case conferences, and therapy, 'Ohana Conferencing changes the relations among court (by diverting cases), family, and professionals; the authors address issues and challenges arising from this shift, such as the role of professionals, confidentiality, and decisions about whether to hold a conference and who may invite or veto attendees.     

张君劢对中央政制的具体设计——简析《国事会议宪草》及《政协宪草》设计的中央政制

张君劢起草的《国事会议宪法草案》和《政治协商会议宪法草案》有关中央政制都采用了新内阁制设计,两部宪草都产生了很大影响,后者还被国民党政府采用为1947年宪法的底本,本文就是对这两部宪草设计的中央政制的研究。     

National systems of innovation

The perhaps broadest approach to economic performance at the level of a country is the concept of national systems of innovation. Despite the emergence of a compelling literature identifying the persistence of innovative activities and country specific institutional effects, evidence on the nature of national systems of innovation is still missing and a number of crucial questions and answers remain unanswered. To shed light on these issues, as of leading scholars of entrepreneurship and innovation was assembled from around the world for a conference on “National Systems of Entrepreneurship and Innovation” at the ZEW Mannheim in November 2014. This article draws on the NSI framework, sets it in a larger context, examines the logic of the approach and introduces the special issue by summarizing the papers presented at the conference and selected for this special issue.     

Trust in the proposed EU regulation on trust services?

A few months after ICRI's 20th anniversary conference the European Commission adopted on 4 June 2012 a draft regulation “on electronic identification and trusted services for electronic transactions in the internal market”. The proposed legal framework is intended to give legal effect and mutual recognition to trust services including enhancing current rules on e-signatures and providing a legal framework for electronic seals, time stamping, electronic document acceptability, electronic delivery and website authentication. Yet, this draft Regulation provokes many questions with regard to the implicit “trust” concept on which it is based. Starting from their experience in the EU FP7 uTRUSTit project (Usable Trust in the Internet of Things: www.utrustit.eu) and in other ICRI research projects, Jos Dumortier and Niels Vandezande have analyzed the proposed legislative text of the European Commission and wrote a few critical observations. Although obviously not presented at the conference in November 2011, it seemed worthwhile to add this contribution to its proceedings.     

Challenges and Outcomes at the Ninth Session of the Conference of the Parties to the United Nations Framework Convention on Climate Change

From 1 to 12 December 2003, the Ninth Session of the Conference of the Parties to the United Nations Framework Convention took place in Milan, Italy. This conference continued the laborious effort of developing an international climate regime by preparing for the Kyoto Protocol’s entry into force. Some two dozen decisions were adopted on a wide range of options for responding to climate change. This paper assesses the progress achieved at the conference on a number of issues. Among these were operational details for implementing forestry projects under the Convention’s Clean Development Mechanism, and guidelines for reporting on greenhouse gas emissions and removals from agriculture, forestry and land-use change. Parties also decided on rules with respect to two funds, the Special Climate Change Fund and the Least Developed Country Fund. With respect to developing countries, Parties continued discussions on rules for building response capacity in light of the expected adverse effects of climate change and transferring environmentally sound technology. They also discussed how to incorporate scientific advice from the Third Assessment Report of the Intergovernmental Panel on Climate Change into the negotiations. Although Russia did not ratify the Kyoto Protocol prior to the conference, Milan demonstrated momentum and interest among Parties to support the climate regime. Nevertheless, it is doubtful whether the detailed discussions were able to contribute to preparing for the long term. To this end, this paper concludes that more discussion and leadership is required to bridge the North/South gap if a post-2012 climate regime is to stand.     

制作主权：法权会议与近代法学话语实践

1926年召开的法权会议作为北洋政府一次废除领事裁判权、收回法权的外交努力源于华盛顿会议关于中国治外法权的决议。此次会议虽被国人寄予厚望却未能废除领事裁判权,而只是出具了一份描述中国法律及司法状况的报告书。法权会议报告书指陈中国法典不完善、司法不独立等等,庶几反映了当时中国法律的一个面向。最重要的是法权会议彰显了主权观念的勃兴,强化了近代中国为废除领事裁判权而效仿西法、改良法律的论证逻辑。     

Sadot mbandha and abhisadot mbandha

The few abbreviations employed in the body of the article are explained in the bibliography.The main point of this article was briefly stated at the Sanskrit syntax session of the South Asia Language Analysis conference held at Ithaca and Syracuse in June 1987.     

全球化环境中的知识产权保护——全球化与知识产权保护国际会议综述

全球化环境下知识产权保护存在很多值得探讨的问题。由中国政法大学民商经济法学院举办、中国政法大学民商经济法学院知识产权法研究所承办、美国Kenyon&Kenyon LLP和National Economic Research Associates,Inc.提供赞助的全球化与知识产权保护国际会议于2007年1月20—21在北京召开,近二百名国内外知识产权专家学者探讨了全球化环境下知识产权保护的一系列问题。本次会议对于推动国内外知识产权理论与实践问题的研究具有深远意义。     

New visual technologies in court: directions for research

Litigation is being transformed by new visual communication technologies, including videoconferencing, PowerPoint, and computer animations. Yet the effects of these visual technologies on legal decision making are largely unknown. In order to understand better the most pressing issues surrounding technology in the courtroom, psychologists, lawyers, and representatives from technology companies and funding agencies attended a Research Conference on Courtroom Technology organized by the Federal Judicial Center. The goals of the conference were to identify issues raised by courtroom uses of new technologies that could be illuminated by empirical research and to suggest designs and methods for conducting that research. This paper emerged from that conference. The authors provide an overview of considerations that should guide research in this area, including a framework that takes into account features of the technology, the audience, and the legal strategy of the user of the technology. They outline a paradigm for conducting such research, illustrate it with several possible empirical studies of varying levels of experimental and conceptual complexity, and identify directions for subsequent research.     

Passing and Strategic Voting on the U.S. Supreme Court

Analyzing strategic aspects of judicial decisionmaking is an important element in understanding how law develops. In this article, we examine sophisticated voting on the U.S. Supreme Court by empirically modeling justices' decisions to pass when it is their turn to vote during conference discussions. We argue that, due to the opinion assignment norm, the chief justice may pass when one of the key conditions necessary for sophisticated voting—certainty about the views held by other justices and the agenda—is lacking. By passing, the chief can view his colleagues' votes in order to determine which vote will allow him to assign the majority opinion and, ultimately, forward his policy preferences. Using data from Justice Lewis F. Powell's conference notes, we show that the chief passes for this purpose, and that doing so is an effective strategy. In addition, we show that the senior associate justice in a case, who has a nontrivial chance of assigning the majority opinion, also passes for strategic reasons. As we expect, the data indicate that the remaining associates seem not to pass for strategic purposes.     

Engaging Students and Enhancing Skills: Lessons from the Development of a Web-supported International Environmental Law Conference Simulation

This article discusses a move from a traditional lecture and tutorialbased environmental law class to a class involving a large element of websupported simulation in the context of a simulated international environmental conference in session 1999-2000. Lectures and tutorials were retained for support purposes, but much class time was devoted to plenary sessions of the conference. The key reasons for the change were (1) the desire to move to an active learning environment where students were at the centre of the learning process and would be learning by doing; and (2) to integrate and enhance negotiating, team working and IT skills in the class. Students were given a unique insight into environmental law decision-making. The role-playing of students acting as state and NGO delegations on the basis of the real positions of these delegations was a strong motivating factor in the learning process. Although the class co-ordinator established the framework for negotiations the progress of those negotiations and the ultimate outcome was a matter for the students. While the outcome was an important motivating factor it was not significant in terms of the learning experience as students were assessed by means of a reflective report which was designed to assess what they had learned from the process in terms of legal understanding, negotiating issues and team-working. Although there were some student concerns regarding a perceived lack of environmental law content identified in the evaluation of the class the assessed student reports demonstrated this to be unfounded. The web-support aspects facilitated: (1) asynchronous learning - particularly negotiation and the development of negotiation skills; (2) the provision of ready access to a range of conference documentation and learning materials; and (3) just-in-time access to documentation such as updated versions of the draft treaty as negotiations progressed. Although the design and prepCorrespondence: aration of the simulation was fairly onerous, once established little new effort was required to run the simulation again. There were departmental resource issues in terms of web-support staff which somewhat delayed the availability of the web-support facilities, but these have now been addressed. The evaluation of the project has demonstrated that the web-supported simulated conference has considerable educational value in facilitating active learning and the integration and enhancement of key skills in the law curriculum. It has also demonstrated that other types of simulation may be possible within the law curriculum.