Hidden convergence: toward a historical comparison of U.S. and U.K. health policy

The social science literature on the comparative history of the welfare state offers conflicting accounts of the relationship between the United States and the United Kingdom. At first blush, the comparative history of health care policy in the United States and the United Kingdom seems to affirm the dominant view that the U.S. and U.K. welfare states have diverged substantially during the twentieth century. A comparison of U.S. and U.K. health policy, however, suggests that there are more parallels and points of tangency between the two systems than are readily apparent. The comparative history of health policy over the past century reveals common political and policy challenges and frequent interchanges of policy ideas, and helps uncover the political dynamics behind the development of health policy in the two countries, which can, in turn, help illuminate the contemporary politics of reform in both countries.     

The growing importance of Ukraine as a transit country for heroin trafficking: U.S.-Ukraine research partnership

This research was funded by the U.S.-Ukraine Research Partnership project, which began in November of 1999 when an agreement was signed between the National Institute of Justice (NIJ) and the Ukrainian Academy of Law Sciences (UALS). This partnership program was an integral part of the Gore-Kuchma Binational Commission, established in September 1996 to solidify the close ties between Ukraine and the United States. The increasingly global character of crime has created a mutual incentive for cooperation between the United States and Ukraine. In June of 1999, requests for proposals in the United States and Ukraine were concurrently announced by both NIJ and UALS. The proposals were to address the following crime areas: organized crime, corruption, drug trafficking, human trafficking, and economic crimes. The proposals were competitively reviewed by an expert working-group made up of both U.S. and Ukrainian representatives. The result was five U.S.-Ukrainian research teams, composed of twenty-two Ukrainian and five U.S. members. The size of each individual U.S.-Ukrainian team ranged from ten to three researchers. These teams met for the first time in November 1999 at a “kick-off” conference in Kiev, Ukraine. The greatest accomplishment of the conference was that researchers began the process of overcoming communication barriers and divergent methodological approaches to formulate a joint plan for their research. For this research, Layne worked with two Ukrainian research partners to jointly develop this paper. Khruppa was responsible for collecting Ukrainian data for the report and Muzyka supplied legislative expertise and background. Layne traveled to Ukraine (Kyiv and Kharkiv) four times over the course of two years and her Ukrainian counterparts came to the United States once. It was a challenge to collaborate across distance and language barriers, but a warm, collegial relationship developed and was maintained despite these obstacles.     

Fertility control in historical China revisited: New methods for an old debate

We revisit the debate over the deliberate control of reproduction in historical China through a reanalysis of data from the Qing (1644–1911) Imperial Lineage that accounts for physiological or other differences between couples that affected their chances of having children. Even though studies of contemporary and historical European fertility suggest that failing to control for such differences may obscure evidence of parity-specific control, previous studies of historical Chinese fertility have not accounted for them. We show that in the Lineage, failure to account for such differences leads the association between the number of children already born and the chances of having another birth to appear to be positive, but that once they are accounted for properly, the relationship is inverted. Based on this, we conclude that lineage members adjusted their reproductive behavior based on the number of children. We also show that the sex composition and survival of previous births affected reproductive behavior. We conclude by suggesting that one way forward in the ongoing debate over fertility control in historical China is through application of such methods to other datasets and comparison of results. We also suggest that progress in the debate over fertility in historical China has been impeded by confusion over the definition of fertility control, so that some behaviors are recognized as fertility control by some parties in the debate but not others.     

The Politics of Obstruction: Republican Holds in the U.S. Senate

A defining feature of the modern US Senate is obstruction. Almost all pieces of legislation considered in the Senate are affected either directly or indirectly by obstruction. Obstruction takes many forms in the modern Senate, but one of the most prevalent, yet least studied, is the hold. Using a newly created dataset on Republican Senate holds, we cast light on this important practice. Our results suggest that a variety of factors including timing, party status, and a senator's voting record are related to both the prevalence of holds and the success of legislation subject to holds in the Senate.     

少年司法的起源:美国少年矫正机构运动的兴起

美国于19世纪兴起的少年矫正机构运动,是少年司法从普通刑事司法中分离出来的开始。少年矫正机构运动试图改革一元化刑事司法的弊端,为违法少年创造良好的成长环境并矫正其罪错行为。显然,这一改革实际上也完善了对少年,特别是下层贫民、移民和闲散少年的社会控制机能。尽管这一改革充满着争议,但在“少年福利”的名义下,国家亲权成功地凌驾于父母亲权之上,奠定了少年司法干预权的合法化基础。     

Women in the U.S. Armed Services:

No abstract available for this article.     

U.S. International Broadcasting: The Case of Iran

This article is an examination of the current state of U.S. broadcasting to Iran. It also gives an overview of the structure of U.S. international broadcasting. The author illustrates how under the Bush administration, Radio Farda and Voice of America Persian TV were held accountable for helping to destabilize the Islamic Republic of Iran. However, critics, including those in the Pentagon and a number of congressional members, doubted the capacity of Radio Farda, in particular, to carry out such a purpose because of its entertainment focus. Contrary to self-professed declarations of independence and free and objective journalism, the author argues that the U.S. government uses strict editorial control to restrict its broadcasting entities within the boundaries of its foreign policy objectives.     

美国对外国国家的送达制度

美国《外国主权豁免法》明确规定了对外国国家的送达程序,以区别于《联邦民事诉讼法》中的送达程序。这些特殊的送达规则以及送达实践强调被送达的外国国家实际接收和接受送达的效果,更加注重程序公正,在某种程度上给予外国国家更多的正当程序保障,增强审判程序和判决的可接受性,减少或避免国家豁免诉讼可能带来的政治风险。中国应对在美国法院被诉时,应当充分利用美国《外国主权豁免法》中的送达规则和实践,更好地维护我国的尊严和主权。     

Parricide: an empirical analysis of 24 years of U.S. data

Empirical analysis of homicides in which children have killed parents has been limited. The most comprehensive statistical analysis involving parents as victims was undertaken by Heide and used Supplementary Homicide Report (SHR) data for the 10-year period 1977 to 1986. This article provides an updated examination of characteristics of victims, offenders, and offenses in parricide incidents using SHR data for the 24-year period 1976 to 1999. The analysis proceeds in two stages. First, offense (homicide circumstances), victim (age, race), and offender (age, race, sex) correlates are reported. Second, juvenile involvement in incidents in which parents were killed is examined and a determination is made whether changes in youth involvement in parricide offenses are discernible over the 24-year period. The article concludes with a comparison of findings that emerged from 24 years of data with those from the earlier 10-year period and the discussion of the significance of these findings.     

The english juvenile detention centre: A lesson for the U.S.A.?

It is important when contemplating change in the criminal justice system to survey and build upon experience both at home and overseas. In this age of increasing concern with the criminal activity of our youth it has become fashionable in some quarters to adopt a tougher attitude toward delinquent youth. This is manifested by a desire to hold juveniles directly responsible for criminal behavior and to subject them to more punitive sentencing dispositions. In this political climate it might be wise to examine the history of the English juvenile Detention Centre, with its emphasis upon providing a “short, sharp shock” for juveniles who are sent there.This article examines the philosophical rationale behind the Detention Centre regime and traces its development from establishment in 1948 to the present day. The evidence available suggests that the Detention Centre program, established to provide a strict deterrent regime for the relatively unsophisticated and not seriously delinquent offender, has not met with resounding success. Additionally, the program is shown to have departed considerably from its original standards of rigor. Indeed, it is now uncertain whether the Detention Centre differs appreciably from other English juvenile correctional institutions, and the governmental trend of thought has been toward abolition of the centres altogether. The article concludes that it may be preferable to make greater use of non-institutional dispositions than to sentence delinquent youth to short periods of incarceration.     

Personal Data and the GDPR: Providing a Competitive Advantage for U.S. Companies

The European Union's General Data Protection Regulation (GDPR) became applicable in May 2018. Due to the GDPR's extraterritorial scope, which could result in massive fines for U.S. companies, comparative data privacy law is of great current interest. In June 2018, California passed its own Consumer Privacy Act, echoing some of the provisions of the GDPR. Despite the many articles comparing the two schemes of law, little attention has been given to the foundation of these laws, that is, what exactly encompasses the data referred to by these laws? By understanding how the term “personal data” or “personal information” is defined in both jurisdictions, and why these definitions and the treatment of protected data are so different, companies can strategize to take advantage of these developments in the European Union. After explaining the differences in how data is treated in the United States and the European Union by exploring the definitions, regulations, and court cases, we will explore the five legal strategy pathways that companies might pursue with respect to the legal aspects of data transfer and privacy law compliance. While these strategies range from ignoring the law to adopting the European model worldwide, this analysis of legal strategy reveals a means for companies to gain a competitive advantage through their adoption of a worldwide compliance scheme.     

The development of drug trade and drug control in the Netherlands: a historical perspective

Drug trade is widely seen as a phenomenon rather new to the Netherlands. However, at the beginning of the 20th century the Dutch pharmaceutical industries were already extensively involved in the production of both opiates and cocaine, and they went on exporting large quantities of these drugs after the Opium Act (1919) took force. Until the 1960s, arrests were not at all common, and these largely affected minority groups like Chinese opium smokers and black marijuana users. Since then, drug control efforts have increased by leaps and bounds. At first, cannabis was the main target; then the focus turned to heroin, and that was later joined by cocaine. This paper traces the history of the drug trade and drug control in the Netherlands, with emphasis on their development in Amsterdam. The conclusion is reached that, in spite of drastic changes in both drug trade and drug control, certain ideologies, constructs and strategies have remained remarkably stable.     

美国法院专利权利要求解释的新规则：字典解释规则

2002年10月,美国联邦巡回上诉法院(CAFC)在TexasDigitalSystems,Inc.v.Telegenix,Inc.1案的判决中,澄清了专利权利要求解释规则,确立了完整的字典解释规则,包括字典等资料是协助法院解释权利要求最佳适用资源的原则及字典解释的通常含义规则、全部通常含义规则和字典优先规则,对于我国专利权利要求的解释具有重要的借鉴意义。一、案情及背景原告TexasDigitalSystems(简称TDS)公司是编号为845481(简称481号)、4965561(简称561号)、4734619(简称619号)、4804890(简称890号)四项专利的专利权人,这些专利是控制发光二极管像素色彩的方法…     

《美国联邦证据规则》中的关联性

关联性规则是英美证据法上的基本规则.有关联性的证据,通常具有可采性;没有关联性的证据,一般都不具有可采性.在很多情况下,具有关联性的证据也可因影响审判公正或者诉讼效率而被排除.同时,有些证据仅对案件事实的特定部分相关,因此只具有有限的关联性和有限的可采性.另外,有些证据关联性的有无有待于另外一些证据的出示,从而产生了附条件关联性和附条件可采性的规则.最后,<美国联邦证据规则>对于关联性的判断在立法上采取了逻辑关联主义的立场;在司法实践中,这一立场又体现为经验主义.所有这些因素都导致通过关联性规则排除证据变得十分困难.因此,仅仅通过关联性规则排除不可靠的证据显然是远远不够的.     

美国专利侵权的禁令救济

美国法院对专利侵权发出永久禁令救济要符合衡平法原则,即满足原告有合法的权利请求、未来侵害是逼近的而且损害赔偿是不充分的、禁令给被告造成的困难并非不成比例地大于给原告的收益、符合公共利益等"四要件".法院发出初步禁令则要考虑"四因素",这与"四要件"标准既有联系又有明显的区别.