The Role of the Lay Assessors in The German Democratic Republic (GDR)

Editor's Note: Dr. Buchholz is a regular contributor to this journal. He is a leading scholar on international law and has published numerous articles and book chapters not only in his own country but also in socialist countries and in the West. Some of his works are being translated into English, i.e., Socialist Criminology (with R. Hartmann, J. Lekschas and G. Stiller, published by D. C. Heath, 1974 edition). His most recent publication appeared in Vol. 9, No. 2, (Winter, 1985) pp. 59–70, entitled Some Aspects of the Development of the Penalty System in the German Democratic Republic. Currently Dr. Buchholz is the Director, Dean, and Professor in the College of Law, Humboldt University, East Berlin. He is a permanent member of the Presidency of the Council for Scientific Investigation of Legal Science at the Academy of Science of the GDR and the International Association of Penal Law. On behalf of the journal staff, we wish to take this opportunity to thank him for his contributions to the fund of knowledge in the field of criminal justice, here and abroad.     

Adolescent satanist: A sensible law enforcement approach

A considerable amount of attention has been given by the media to the perceived increase in the amount of juvenile Satanic involvement. However, there is very little evidence of a national epidemic of this type of criminal activity. This article discusses the types of actual adolescent involvement seen in the United States as well as the various points of view on this topic. It is hoped that this information will assist law enforcement in their understanding of this phenomenon and better prepare them to handle it. Dr. Gordon A. Crews is a member of the Criminal Justice faculty in the Social & Behavioral Sciences Department of Midlands Technical College in Colombia, South Carolina, where he teaches courses in police administration, corrections, criminology and ethics. He earned a Ph.D. in Elementary Education, a Graduate Certificate in Alcohol & Drug Studies and a Bachelor of Science and Masters degrees in Criminal Justice from the University of South Carolina. His dissertation examined historical perspectives of school disturbance in the United States. Prior to teaching, Dr. Crews worked in law enforcement as a bloodhound officer & trainer, field training officer and criminal investigatior; in corrections as a training and accreditation manager; and in insurance fraud as an investigator. His current research and academic interests include issues surrounding juvenile delinquency, school violence and juvenile arbitration. He has most recently co-authored a textbook entitledFaces of Violence in America, published by Simon & Schuster. Dr. Reid H. Montgomery, Jr., is an Associate Professor in the College of Criminal Justice at the University of South Carolina and co-author of five books. He joined the USC faculty after service as a federal Probation officer with the U.S. District Court in Washington, D.C., under Chief Judge John J. Sirica. Prior to graduate study, he served on active duty with the 3rd Infantry (Old Guard) at Ft. Meyer, Virginia. He has a B.S., M.Ed., and Ph.D. from the University of South Carolina where his dissertation analyzed attitudes leading to prison riots. Named in 1984 as Educator of the Year by the Southern Association of Criminal Justice Educators, Dr. Montgomery has pursued post-doctoral study at George Washington University in Washington, D.C.     

REVIEWS

Book reviewed in this article: Discretion to Disobey. By M. R. Kadish and S. H. Kadish. Fundamental Rights: A volume of essays to commemorate the fiftieth anniversary of the founding of the Law School in Exeter 1923–73. Eds. J. W. Bridge, D. Lasok, R. Plenier and D. L. Perrott. Administrative Procedures. By Gabrielle Ganz. The Law Relating to Children. By H. K. Bevan. English Property Law. By Eric Poole. Drafting: Its Application to Conveyancing and Commercial Documents. By Stanley Robinson Decisions in the Penal Process. By A. Keith Bottomley. Actes du VII-ème Congrès Internationale de Droit du Travail et de la Sécurité-Sociale, 3 vols. Société Internationale de Droit du Travail et de la Sécurité Sociale.     

死刑威慑力的犯罪学分析

Death penalty is the most effective deterrence to grave crimes, which has been the key basis for the State to retain death penalty. In fact, either in legislation or in execution, death penalty can not produce the special deterrent effect as expected. With respect to this issue, people tend to conduct normative exploration from the perspective of ordinary legal principles or the principle of human rights, which is more speculative than convincing. Correct interpretation based on the existing positive analysis and differentiation based on human nature which sifts the true from the false will not only help end the simple, repetitive and meaningless arguments regarding the basis for the existence of death penalty, but also help understand the rational nature of both the elimination and the preservation of death penalty, so as to define the basic direction towards which the State should make efforts in controlling death penalty in the context of promoting social civilization. Zhang Yuanhuang is a professor of law at Beijing Normal University, and a doctoral tutor and director of the Institute of Criminology and Criminal Policy. He has been to Paris II University as a senior visiting scholar. He is an executive director of Chinese Criminological Society and a director of the Chinese branch of International Association of Penal Law. His main publications include: Basic Issues of Modern Criminology (China Procuratorial Press, 1998), Principles of Criminology (Law Press, 2^nd ed. 2008), Criminology (Renmin University of China Press, 2008); and he has more than 70 articles published in law academic journals.     

Transferring technology into and within the third world

This article is based on Jordan J. Baruch's talk at the banquet at this year's Technology Transfer Society's annual meeting on the occasion of his being named winner of the society's Thomas Jefferson Award. As recipient of the award, he was cited for outstanding achievements in technology transfer in three categories:1. Exemplary success in managing actual transfer (Baruch invented and managed transfer of many civilian and military technologies in acoustics.).2. Leadership in technology-transfer public policy (He has been a frequent expert in Congressional testimony on such issues as consortia in technology development and commercialization. He also led efforts to develop formal organizations to promote technology transfer between the US and other nations such as Israel, Jordan, India, China, and several African countries.).3. Significant contributions to professional knowledge in technology transfer (Baruch has promoted the use of computer conferencing and was the conceptual and political driving force for the formation of the Center for Utilization of Federal Technology.). Jordan J. Baruch, who has a Ph.D. in electrical engineering from the Massachusetts Institute of Technology (MIT), is a consultant (Jordan Baruch Associates). He served as assistant secretary for science and technology at the US Department of Commerce in 1977–81. A professor at Dartmouth, The Harvard Business School, and MIT, he also was a founding partner of the engineering firm Bolt Beranek & Newman. Baruch is a member of the National Academy of Engineering.     

Rethinking the war against hate crimes: A New York city perspective

Francis Allen, The Borderland of Criminal Justice: Essays in Law and Criminology Chicago: The University of Chicago Press, 1964

Francis Allen, The Crimes of Politics: Political Dimensions of Criminal Justice Cambridge: Harvard University Press, 1974

Francis Allen, Law, Intellect, and Education Ann Arbor: University of Michigan Press, 1979

Francis Allen, The Decline of the Rehabilitative Ideal: Penal Policy and Social Purpose New Haven: Yale University Press, 1981     

Adolescent migrants from Normandy in Paris at the end of the 18th century

The article deals with the social and family environments and modes of departure of migrants from Normandy to Paris at the end of the 18th century. It also considers in-migrants' future once in Paris. This approach to long distance migratory phenomena — applied here specifically to follow a population of adolescents — was possible due to the fruitful linking of serial nominative sources, each created independently. For the departure zone, we have examined three regions in Normandy for which the population was reconstituted over a period covering the end of the 18th century. For Paris, we used the registers of identity cards, or cartes de sûreté, issued between 1793 and 1794. The typical portrait of the adolescent in-migrant consists of an individual who is the youngest member of a fairly large family. He was often born in a small town, not in a village. It is likely that his decision to migrate was not impeded by his father's refusal. Indeed, the father of the in-migrant was often dead when the son left. In-migrations tended to be isolated; the adolescent rarely joined a family member in the capital. Migration to Paris often seemed to lead to a rupture with the childhood region.     

中国东海法律问题

In the most range of the East China Sea, the exploiting oil and gas have been blocked for decades by conflicting claims to the boundaries and islets by China and Japan. For the sake of addressing conflicts in a comprehensive cooperation by bilateral and multilateral agreements aiming at reducing rising tensions and harvesting resources in disputed areas, it has become a key issue worthy of research. Zhou Zhonghai is a professor of international law and director of the International Law Center in China University of Political Science and Law. He was a senior visiting scholar of the Law School, University of Virginia (1991). As a legal adviser of the Chinese delegation to the third UN conference on the law of the sea, he once attended the drafting committee conference. His main works include Comments on International Law (2001), International Law of the Sea (1987), Legal Problems on International Economic Relations (1993), Peace, Justice and Law (1996), Technologic Progress and Development of the Law of the sea (1998), Law Dictionary (1998), Business Law in China, Trade, Investment and Finance (1997), On the Case of Agusto Pinochet Ugarte (1999). In addition, he has published many essays, for instance, Zhonghai Zhou’s essays on international law (2006), Jurisdiction of the International Tribunal for the Law of the Sea (2005), International law and its functions in international relations (1997), On diplomatic protection for the overseas investments (2007).     

REVIEWS

Robert Stevens, The Independence of the Judiciary: The View from the Lord Chancellor's Office Cass R. Sunstein, The Partial Constitution Simon Frith (ed), Music and Copyright Alan S. Rosenbaum, Prosecuting Nazi War Criminals Eric Barendt, Broadcasting Law: A Comparative Study Carol A.G. Jones, Expert Witnesses: Science, Medicine and the Practice of Law Rolando Gaete, Human Rights and the Limits of Critical Reason Jane Stapleton, Product Liability     

Prosecuting and Defending Diplomats as War Criminals: Ribbentrop at the Nuremberg Trials

This article considers the question of holding foreign ministers responsible for war crimes. A recent decision by the International Court of Justice, the Arrest Warrant case, Congo v Belgium, appears to have diluted the developing international customary rule that suspends immunity when a grave international crime has been committed. This article suggests that the Nuremberg International Military Tribunal decision in the Ribbentrop Case constitutes a precedent for how international criminal law should interpret the nature and scope of the immunity for foreign ministers. As a successful prosecution of Hitler’s former foreign minister, it is remarkable how little attention has been paid to this aspect of the Ribbentrop Case given that it was a path-breaking decision. For that reason, the present article is a case study of this example where prosecutors at an international criminal tribunal were able to successfully prosecute a foreign minister in a manner that may, therefore, still prove instructive given the existing legal position following the Arrest Warrant Case. The article considers in detail how Ribbentrop’s defence lawyers constructed a series of arguments that the prosecution were, however, largely able to demolish through resort to a variety of strategies. Dr Michael Salter is Professor of Law at the Lancashire Law School, University of Central Lancashire, United Kingdom; Dr Lorie Charlesworth is Senior Lecturer at the Law School, Liverpool John Moores University, United Kingdom.     

Reviews

The Enforcement of Morals. By Patrick Devlin. Legal Systems and Lawyers' Reasonings. By Julius Stone. Law in Society. By Geoffrey Sawer. [London: Oxford University Press. Clarendon Law Series: edited by H. L. A. Hart. Advocacy in Our Time. By O. C. Mazengarb, C.B.E., Q.C., M.A., LL.D. Salmond on the Law of Torts. Fourteenth edition. By R. F. V. Heuston, M. A., LL. B., Professor of Law in the University of Southampton, of Gray's Inn and King's Inn, Dublin, Barrister-at-Law. Jurisdiction and Illegality. By Amnon Rubinstein. Die Erforschung des Sachverhalts im Prozess. By Erich Döhring, Professor at the University of Kiel. A Casebook of Administrative Law. By J. A. G. Griffith and H. Street. Tribunals and Inquiries―A Guide to Procedure. By Neville D. Vandyk. Capital Gains Tax. By G. S. A. Wheatcroft, assisted by A. E. W. Park and John E. Talbot. Corporation Tax. By Peter M. B. Rowland and John E. Talbot with Annotations to Finance Act 1965 by S. Michael Young and John Silberrad. Disarmament and International Law. By Allan Gotlieb. United Nations Forces. By D. W. Bowett with the assistance and collaboration of Dr. G. P. Barton, H. C. Carnegic, Wing-Commander A. E. Cobus, J. G. Collier, M. Hardy, Dr. Rosalyn Higgins and Professor L. B. Sohn. The Theory of Nationalisation. By Konstantin Katzarov. Criminal on the Road. A Study of Serious Motoring Offences and those who commit them. By T. C. Willett. Curtis and Ruoff on The Law and Practice of Registered Conveyancing. Second edition. By Theodore B. F. Ruoff, C.B.E., Chief Land Registrar. Banking Law for Trustee Savings Banks. By C. L. Lawton, Barrister-at-Law. The Practitioner's Guide to Hire-Purchase Cases. By Harold Brown, Q.C. The Mercantile and Industrial Law of Scotland. By J. J. Gow. The Quantum of Damages in Bodily and Fatal Injury Cases. Second edition. By M. M. Corbett and J. L. Buchanan. Law Relating to Hospitals and Kindred Institutions. Fourth edition. By S. R. Speller, O.B.E., LL.B. Introduction to Modern Hindu Law. By J. Duncan M. Derrett, M.A., PH.D., of Gray's Inn, Barrister-at-Law, Professor in Oriental Laws in the University of London, Tagore Professor of Law for 1953, University of Calcutta. Le Droit de Visits des Parents Séparés de leurs Enfants en Suisse, en France et en Allemagne. By Maurice Marthaler. A Deliktuális Felelösség a Társadalom és a Jog Fejlödésének Történetében (Delictual Liability in the History of the Evolution of Society and Law). By Ferenc Mádl. Das Deutsche Seerecht. First edited by Georg Schaps and others. Third edition. By Hans Jürgen Abraham. Criminal Law in Nigeria (excluding the North). By C. O. Okonkwo and M. E. Naish.     

论中国《反垄断法》实施中的相关市场界定

Defining relevant markets is the foundation of establishing main antimonopoly regimes and the key issue in enforcing antimonopoly law, which often reflects the leniency or strictness of enforcement. In the process of defining relevant product market, the main factors to be considered include physical function and use purpose of product, product price, consumers’ preference and substitutable possibility of product supply. In defining relevant geographic market, the main consideration involves transportation cost and product characteristics, product price, consumers’ preference and barriers to market access. On the occasion of forthcoming enforcement of the Antimonopoly Law of China, the enforcement authorities should draw up a specific rule of the definition of relevant markets. Wang Xianlin got his Ph.D from Law School of Renmin University of China (2001) and is a Fulbright visiting scholar at Law School of George Washington University (2007–2008). Prof. Wang is a director of Economic Law Institute and a doctoral tutor in Shanghai Jiao Tong University School of Law. He was once a member of the advisory committee of antimonopoly legislation of the Legal Affairs Office of the State Council of P.R.C. and is a standing director of the Economic Law Academy affiliated with China Law Society. His research focuses on competition law and intellectual property law. He has ten books published individually or cooperatively, including the monograph, such as the Intellectual Property and Antimonopoly Law—Studies on antimonopoly issues of abuse of intellectual property rights and WTO competition policy and Chinese antimonopoly legislation and abuse of intellectual property rights and its regulation. Moreover, he has released over 100 papers in academic journals. In recent years, his research is focused on China’s antimonopoly legislation and the abuse of IPRs of multinational companies in China.     

中国境外间接上市中的财富外流问题

The process of indirect listing overseas of enterprises can easily result in wealth outflow, which has imposed a negative impact on the development of security market, the order of money market and the increase of tax revenue in China. Therefore, the government should exercise necessary regulation on the wealth outflow during indirect listing overseas, and treat state-owned enterprises and private-owned enterprises differently. The fundamental solution to this issue should start from improving domestic financing conditions, improving regulatory system, realizing equal treatment for enterprises and strengthening the legal protection of private property. Fu Jun, Ph.D of law, is an associate professor at University of International Business and Economics, having released over thirty research articles in many academic journals, such as Journal of Chinese Law, Journal of Law, Jurists Review, Modern Law Science, Journal of Law Application, Hebei Law Science, Journal of Shanghai University of Finance and Economics, Journal of East China University of Political Science and Law, Journal of Jinan University. Moreover, his other publications include monographs, Analysis of Selected Cases on the Letter of Credit of Britain and America (2006), A Study on Corporation Proxy (2005), International financial law (2005). etc.     

HOFSTRA'S FAMILY LAW WITH SKILLS COURSE: IMPLEMENTING FLER (THE FAMILY LAW EDUCATION REFORM PROJECT)

The Family Law Education Reform Project (FLER) Final Report documented that the current doctrinally oriented family law curriculum at most law schools does not adequately prepare students for modern family law practice. FLER recommended that law school courses move from the study of cases to the study of the legal system's effect on families, and integrate the study of alternative dispute resolution and interdisciplinary knowledge. In response, Hofstra Law School has made a comprehensive attempt to implement FLER's curricular recommendations. This article discusses one major innovation – the Family Law with Skills course. Family Law with Skills is the basic course in Hofstra's revised curriculum and is designed to integrate doctrinal teaching with professional skills development. In addition to studying legal doctrine, students are required to engage in structured field observation of family court proceedings; interviewing, counseling, negotiation, and mediation representation exercises in a divorce dispute; direct and cross examination of a social worker in a child protection dispute; and drafting of a surrogacy agreement. The article describes each exercise and discusses its rationale, student reaction to the course, and lessons learned.     

Apology and Retraction: Questioning Fundamentals: Leyland Daf and the “Ownership” of Charged Property

Forward Links to Citing Articles

Retraction . Modern Law Review 67: 5, 832‐843 .
Online publication date: 1‐Sept‐2004. The note entitled ‘Questioning Fundamentals: Leyland Daf and the “Ownership” of Charged Property’, 1 which appeared in the September issue of the Review has, through the sole fault of the author, failed to acknowledge the use of an article written by Dr Riz Mokal entitled ‘Liquidation Expenses and Floating Charges: The Separate Funds Fallacy’ 1 posted on the SSRN Electronic Library in April 2004. Any views that appear similar between these articles belong to Dr Mokal. It is sincerely hoped that Dr Mokal will accept this apology for the lapse in properly acknowledging his views.     

Book Reviews

Comparative Civil (Private) Law. G. Eoersi. Budapest. 1979. Akademiai Kiado 651 pp. 850 ft.

Recherches sur l'Histoire des Institutions et du Droit. Ed. late G. Herlea. Association d'Histoire Comparative des Institutions et du Droit de la République Socialiste de Roumanie. Bucharest, vol. II (1978) 195 pp, vol. III (1979) 207 pp.

Manual of Law French J. H. Baker. Amersham; Avebury Publishing Co. 1979,207 pp. £7.50.     

《内地与香港关于建立更紧密经贸关系的安排》的法律地位

The nature of the Closer Economic Partnership Arrangement (CEPA) is a free trade agreement under the framework of the WTO. For the purpose of clarifying the legal status of the CEPA and the future agreements between the Mainland and other separate customs territories of China, four options are brought forward: (1) To revise the PRC Foreign Trade Law, (2) to make amendment to the Basic Law of Hong Kong Special Administrative Region of China, (3) to have a special law on the conclusion of the interregional agreements, or (4) to amend the PRC Constitution. Wang Wei, Ph.D, is an associate professor at School of Law, Fudan University, China. Before, he was a research fellow at the Faculty of Law, University of Hong Kong. He holds an LL.B. from the East China University of Political Science and Law, an LL.M. from Fudan University in international law, an LL.M. from Southern Methodist University in comparative and international law (Sohmen Scholar), a Ph.D from the University of London in law (the John and Joan Jackson Scholar). Dr. Wang wrote a number of articles on WTO law, financial law and commercial law, such as Historical Evolution of National Treatment in China (39 International Lawyer 759–779, Fall Issue, 2005). He has spoken and chaired conferences and seminars in London, Hong Kong and Mainland of China. Recently he acts as consultant in banking law projects, including the Asian Development Bank.     

Costa Rica's biodiversity law: Sharing the process 1

Abstract

This article assesses the prospects for Costa Rica's new Biodiversity Law. We believe that this analysis could also provide a valuable case study of national implementation of the Convention on Biological Diversity (CBD). The article is not intended to be a primer on the CBD, nor will it defend its precepts. The authors believe that each nation must formulate a legal framework to regulate biodiversity that reflects their unique national circumstances.     

Incitement of Racial Hatred

Legislation on incitement of racial hatred is an essential instrument for counteracting racist and anti-Semitic spoken or written communications. In Sweden, the various provisions, which are not only to be found in the Penal Code but also in the Ordinance on Freedom of Expression and in constitutional law on the freedom of expression, are fundamental elements of the legislation against racism, anti-Semitism and similar forms of agitation. In these provisions the legislator has set limits to the freedom of expression as far as racism, anti-Semitism, etc., are concerned. This is true regardless of whether the communication is expressed orally, as printed matter, through other media or in other ways. It is not necessary for the communication to have been disseminated publicly for punishment to be incurred; it suffices that dissemination has taken place within a limited circle. The provision appeared in its initial form in 1948. With the advent of the 1965 Penal Code it was transferred from the former Punishment Law to the new Code and has subsequently been modified in 1970, 1982 and 1988. It should be noted, however, that there is no provision for prior censorship. Each text, each symbol, each slogan, and so forth, must be adjudged by a court. The law in its basic form was sanctioned in 1956. The present article touches on trends concerning reported offences, trials and convictions during the 1990s. Unfortunately, it is not possible here to present statistics going further back in time, since the offence of incitement of racial hatred was not coded specifically in the crime statistics before that time. In the opening passages of the article, the advent of the law and important cases during the post-war period are discussed. The aim here is to describe how and why legislation has been used as well as the changes that have taken place over the past ten years.