The Long Shadow of Police Racial Treatment: Racial Disparity in Criminal Justice Processing

This article explores racial disproportionality in criminal justice processing in an era of punitive criminal justice policies and mass incarceration. Using arrest data from New York State, the authors compare the racial disparity in prison sentencing with the disparity at arrest while controlling for crime type and criminal history of the arrest population. Findings show that the racial disparity in prison sentencing at the state level is established before courts begin criminal case proceedings. Scholars and policy makers interested in the sources of racial disparity in incarceration should concentrate on the processes that generate crime and arrests. However, a decrease in racial disparity at prison sentencing, relative to arrest, suggests that the practices of courtroom actors still merit scholarly attention.     

Ambiguities of Witnessing: Law and Literature in the Time of a Truth Commission, Mark Sanders

As a contribution to the burgeoning literature on transitionaljustice and the South African Truth and Reconciliation Commission(TRC), Ambiguities of Witnessing is an idiosyncratic production.The uninitiated reader should not be put off by the deconstructionisttheoretical indulgences of the opening chapters, as perseveranceis rewarded with perceptive interpretations of such key issuesas the TRC's discourse of forgiveness and its unresolved problematicof reparations. Mark     

Watching from the sidelines? The decline of the IMF's crisis management role

This article compares the International Monetary Fund (IMF)'s crisis management role during the Asian financial crisis in 1997–98 with the role it has played during the ‘credit crunch’ which emerged in the wake of the subprime crisis in the United States. With prominent calls for the construction of new forms of global financial governance to prevent a recurrence of the subprime crisis in the future, we explore how the designated guardian of the international financial system has responded to the credit crunch in order to evaluate the strengths and weaknesses of the existing system. Our comparison of the US subprime crisis and the Asian financial crisis of the late 1990s indicates that the IMF has lost credibility with its members, and particularly with its principal sponsor, the United States, which has curbed its capacity to develop multilateral solutions to major financial crises.     

“依视路杯”全国法语文学翻译竞赛启事

为发现、培养和奖掖更多的法语翻译新人,推动中国法语教学和文学翻译事业的健康发展和繁荣,促进中法文化交流,全国法语教学研究会、南京大学法语系和上海依视路光学有限公司决定联合举办依视路杯全国法语文学翻译竞赛,具体参赛规则如下:     

Attack of the killer acronyms: the future of information technology law

This paper looks at the field of information technology (IT) law and its reliance on the buzzwords, jargon and acronyms that tend to alienate serious discussion about some of the deeper socio‐legal issues involved. It is often easy to become confused by the terminology and the technology, which has led to some non‐issues receiving too much interest (the year 2000 bug for example) and some valuable and worthy topics being almost ignored. Some writers and researchers may be tempted to neglect the field because of a lack of understanding of the technology, which may eventually lead to the end of IT law as a serious field of research. This paper will attempt to re‐ignite the jurisprudential debate about the future of IT law research, teaching and practice by looking at the possible trends emerging from the literature.     

Euvoluntariness and just market exchange: moral dilemmas from Locke’s Venditio

It is a maxim of Public Choice that voluntary exchanges should not be interfered with by the state. But what makes a voluntary market exchange truly voluntary? We suggest, contra much of the economics literature, that voluntary exchange requires consent uncoerced by threats of harm, but that this is not sufficient. In particular, a person pressured to exchange by the dire consequences of failing to exchange—e.g., dying of thirst or hunger—is still coerced, and coerced exchange cannot be voluntary. The weaker party’s desperation gives the other party unconscionable bargaining power. We argue for a distinction, based on a neologism: in the case of coercion by circumstance but not by threat, exchange is still voluntary in the conventional sense, but it is not euvoluntary (i.e., truly voluntary). We will argue that all euvoluntary exchanges are just, while non-euvoluntary exchanges may or may not be unjust; that in competitive markets all exchanges are just, even those that are not euvoluntary, while in bilateral monopolies some exchanges are neither euvoluntary nor just. We will propose a mental device, the “fictitious negotiation”, to determine the just price in non-euvoluntary market exchanges. A primitive version of these ideas can be found in a little known monograph by John Locke, which we will analyze in detail.     

The Wrongfulness Constraint in Criminalisation

If conduct must be wrongful in order to be justifiably criminalised, how should its wrongfulness be established? I examine a conception of wrongfulness put forward by A. P. Simester, which makes wrongfulness turn on whether the reasons favouring the performance of an action are, all things considered, defeated by the reasons against its performance. I argue that such a view can only generate appropriate substantive constraints in the context of criminalisation if it can distinguish between the sorts of reasons that a verdict of wrongfulness, as a concept distinct from stupidity or selfishness, should attend to, and the sorts of reasons it should leave out. Assuming that this conception of wrongfulness should operate as a constraint on criminalisation in a liberal-democratic state, the only reasons it should include are other-regarding reasons. What matters is whether the agent commits an other-regarding wrong. This conception of wrongfulness helps us further to resolve fundamental questions concerning mala prohibita and the legitimate reach of any duty to obey the law.     

Transplantation of organs and tissues and some reflections on the "solidarity" of the human cadaver in Portugal

The article presents the legal situation of transplantation medicine in Portugal and presents some interesting statistical data. The author defends the opting-out system and presents an argument in favour of such solution, taking into account the mandatory nature of forensic autopsies.