Reflections on the Trial of Vichy Collaborator Paul Touvier for Crimes against Humanity in France

On 20 April 1994, in Versailles France, Paul Touvier was convicted of complicity to commit crimes against humanity for his role in the killing of seven Jews during World War II. At the time of the crime Touvier was an oficer of the Milice, a special military force established to combat the Resistance and other enemies of the Vichy government. When Touvier's trial was finally held in spring 1994, it was the subject of enormous media attention in France and became the vehicle for a debate on the legitimacy and activities of the Vichy Regime, becoming popularly identified as a trial of the Vichy government. This essay, after tracing the historical and legal background of Touvier's prosecution, concludes that Touvier's conviction some 50 years after his crime, was legally and morally justified. Touvier's evasion of the law was remedied; his victims and their descendants were honored; the Nuremberg principles were resurrected and applied. The author is skeptical, however, about using his trial to reexamine the Vichy period and suggests that its attempted transformation by the media into an event that would produce an authoritative resolution of the various public discourses concerning Vichy France was and could only have been a disappointment.     

城市化、公共政策与城市认同——市民创造城市：城市社会学与公共政策制定的探索

三十年来,中国经济社会在发展中形成了具有典型意义的模式,也一次次校正着域内现代化发展的理念,这在城市社会学产生和发展方面表现得尤为明显。本文就城市的规划机制同市民生活经验之间如何发生冲突和相互影响进行了探索。笔者认为,这种相互影响的形式和本质正是社会与公共政策两种理念相互碰撞所体现出来的主旨。笔者对带有建设21世纪标志性城市这样明确目的的中国城市的发展进行了相关的评述,也对政府、市场和市民之间的重要关系进行了讨论,并提出市民创造城市的新理念。     

Regulating (for the benefit of) future persons: a different perspective on the FDA's jurisdiction to regulate human reproductive cloning

The Food and Drug Administration (FDA) has taken the position that human reproductive cloning falls within its regulatory jurisdiction. This position has been subject to criticism on both procedural and substantive grounds. Some have contended that the FDA has failed to follow administrative law principles in asserting its jurisdiction, while others claim the FDA is ill suited to the task of addressing the ethical and social implications of human cloning. This Article argues, that, notwithstanding these criticisms, the FDA could plausibly assert jurisdiction over human cloning as a form of human gene therapy, an area in which the FDA is already regarded as having primary regulatory authority. Such an assertion would require that the FDA's jurisdiction extend to products affecting future persons, i.e., those not yet born. This Article demonstrates, for the first time, that such jurisdiction was implicit in the enactment of the 1962 Kefauver-Harris Amendments to the Federal Food, Drug, and Cosmetic Act and that the FDA has historically relied on such authority in promulgating regulations for drugs and devices.