List of Contributors

Events in eastern Europe have changed the forms of British assistance to other parliaments. Instead of taking advantage of the links of the Commonwealth, the British government now uses the Know How Fund to give non‐partisan assistance to legislatures in the former eastern bloc, and funds the Westminster Foundation for Democracy to help parliamentarians from other countries and to advise political parties. British political parties determine a proportion of the Foundation's activities. Aid to legislatures is part of a general policy for promoting democracy, an important aspect of bilateral assistance and an element in the reorientation of Britain towards Europe. British efforts in this field have been overshadowed by better funded competitors from other countries. But they have nevertheless helped to develop fresh conceptions of ‘political aid’.     

Information Conduits or Content Developers? Determining Whether News Portals Should Enjoy Blanket Immunity from Defamation Suits

News portals should be held to the same standard of liability for defamation as other news media. Internet service providers (ISPs) enjoy blanket immunity from liability for defamation under Section 230 of the Communications Decency Act, while information content providers (ICPs) might not. Some courts have indicated, however, that a defendant who participates in developing third-party content should be classified as an ICP and thus be held liable. Confusion over the difference between an ISP and an ICP is applied to the case of news portals. This study investigates to what extent news portals should enjoy immunity from liability for defamation. To determine a news portal's exposure to liability, a continuum of involvement is proposed as a standard in which liability is based on a defendant's actions and not on the medium employed. A defendant's involvement with third-party content can be classified under the four levels of the continuum, which can guide courts in deciding whether a defendant is liable. Congress should amend Section 230 to incorporate the continuum and allow courts discretion in determining whether a defendant is immune from liability.     

Looking at U.S. Int‘l Status in the Perspective of Its Inner Institution

America's international status is the key factor that determines the overall international structure. This is an old as well as a new topic in the academia of international relations. The Iraq war in 2003 reveals America's strong points and weak points as well. On the one hand, U. S. military strength is unmatched in the world; on the other hand, America is incapable of doing anything in dealing with many problems. This paradox caused scholars to ponder over the issues such as how strong Am…     

Patterns of victim marginalization in victim-offender mediation: some lessons learned

This article discusses issues that restorative justice programs may face during implementation and lessons learned from an exploratory study. We examined various perspectives of multiple participants who experienced a Victim-Offender Mediation (VOM) program in a mid-sized Midwestern city in the U.S. The primary data source comprised 34 interviews with 37 participants including adult crime victims, juvenile offenders and their parents, mediators, and representatives from referring agencies. Observations complemented the interview data. Findings revealed patterns of victim marginalization during the processes used: victims were not prepared appropriately; were at times pressured by mediators to behave in certain ways; and, occasionally felt intimidated by offenders and/or their families. We discuss some factors that may have influenced the emergence of these patterns. This study revealed gaps between the guiding principles of restorative justice theory and field practices, particularly sensitivity toward victims to meet their needs. We suggest that restorative justice programs should consider using a monitoring system to ensure that the processes used remain consistent with the values and principles of restorative justice.     

Revictimized Adult Women: Perceptions of Mental Health Functioning and Associated Services

In this study, using a sample of adult women (N = 418) from various environments, mental health outcomes and perceptions about different types of support following childhood and adulthood sexual and physical violence were assessed. The respondents were from three locations: general community, state prison, and sexual assault and domestic violence service providers. A cluster analysis based on victimization experiences was conducted; subsequent analyses showed that women who endured more types of abuse had more self-reported mental health difficulties. Somewhat paradoxically, women who utilized more therapeutic services held more negative perceptions of their mental health functioning, while use of tangible services had no significant association. Those who found therapeutic services helpful had significantly higher self-reported concurrent mental health functioning.     

Transplanting Jury Trials in South Korean Legal Soils: Comparative Analysis with Jury Trials in the United States

Jury trials, known as common-law institution centering on the UK and the USA, for the first time in Korean adjudicatory history, have been transplanted into Korean legal soils under cultural and political climate with legal roots of the “Civil Participation in Criminal Trial Act (CPCTA) of 2007” since 2008. This research examines legal and operational issues of jury trials through comparative analysis between the United States and South Korea. Several legal characteristics of 2013 revision bill of CPCTA, proposed by the Committee of Civil Participation in the Judiciary (CCPJ), are to be pointed out: so-called “civil participation” approach, de facto binding power of jury verdict and sentencing, and a stricter standard for a jury verdict or decision (3/4 majority). Statistical results from planting jury trials in both American and Korean legal system proved to be very similar. Meanwhile, a 2013 revision bill has to overcome several practical and legal obstacles, such as low usage of jury trials, the high rate of judicial dismissal of defendants’ petitions, and violation of Article 27 of the Korean Constitution. Under the current legislative scheme, judges in Korean courts need to operate jury trials in such a careful and respectful way that the revision may neglect neither a defendant’s right to jury trial nor jury’s verdict. Legal scholars, experts, and legislators with interests in implementing jury trials in Korea should research on ways to expand the system to other judicial procedures such as juvenile, civil, family, and administrative cases.     

颅内出血患者血清IL-6、TNF-α变化在法医临床鉴定中的意义

目的探讨颅内出血患者血清IL-6、TNF-α的水平变化及在法医学的临床意义。方法采用酶联免疫吸附法(ELISA)对颅内出血患者住院后不同时间段血清IL-6、TNF-α水平进行检测,并与正常对照组的健康受试者进行比较分析。结果研究组重型与轻型患者后第1、3、5、7天血清IL-6、TNF-α水平较正常对照组明显增加,重型患者入院第5、7天的血清IL-6、TNF-α较轻型患者明显增加,差异有统计学意义(P0.05);根据患者最后结果(死亡组和存活组),发现死亡组随着时间延长,在第5、7天时IL-6、TNF-α水平显著高于存活组(P0.05)。此外,血清IL-6和TNF-α水平呈正性显著相关(r=0.721,P0.05)。结论检测颅内出血患者血清IL-6、TNF-α水平对观察其病情变化有重要意义,可作为法医学鉴定的辅助手段。     

May Mediators Draft Settlement Agreements?

This article surveys the current law in various states as well as the Model Rules of Professional Conduct regarding whether a mediator‐lawyer may draft a settlement agreement at the conclusion of a mediation. It includes a look at the traditional boundaries between a lawyer and a mediator and concludes with a recommendation on how California should approach whether a mediator‐lawyer should be allowed to draft a settlement agreement for parties at the conclusion of a mediation.     

South Korea's Faustian Attitude: The Republic of Korea's Decision to Send Troops to Iraq Revisited

South Korea sent troops to Iraq not because of any perceived threat from an Iraqi nuclear programme, but to seek influence over American foreign policy towards North Korea. At no point did the general public support the American invasion and war in Iraq; most South Koreans also opposed sending troops to Iraq. However, the government chose to send first non-combat and later combat troops to Iraq, and the public approved of the former choice and support was growing for the latter. The liberal President Roh Moo-Hyun had to persuade the public on this issue, even in opposition to his core supporters, risking political isolation. What the public and the President aimed at was a peaceful resolution of the North Korean nuclear issue and business opportunities. The national interest that South Korea pursued in sending troops to Iraq was policy influence over the US guarantee not to use military power against North Korea.