从宪法角度看社会行动者对国家决定的影响

本文在通过分析社会、国家决定和宪法立法的概念,通过德国法学思想区分国家和社会两个概念的历史,在当代德国宪法确立的国家和社会相分离的基础上,讨论了社会行动者对国家立法、行政、司法三方面决定的影响,着重从规范和政治评价的角度,分析了与这些影响密切相关的机会和风险,表明宪法在维持机会和风险之间平衡具有不可或缺的地位。本文作者希望德国的经验对中国建设法治国家有所帮助。     

Intoxicated Consent in Rape: Bree and Juror Decision-Making

The article examines the recent Court of Appeal judgment in Bree, in which the court considered the guidance that should be given to a jury when the complainant is intoxicated at the time of an alleged rape. As well as analysing the reasoning of the court in Bree, the judgment is placed in context by examining factors, such as social attitudes, that influence juror decision-making in rape cases. It also examines the suggestion made by the court in Bree that further law reform in this area would represent 'patronising interference' in the lives of women.     

The Federal Antideficiency Act at 150—Where Do We Stand?

The Antideficiency Act of 1870 codified Congress's power of the purse to curb unauthorized agency spending. Is it still working? This paper analyzes all violations of the Act over 12 years by agency and type, causes and consequences, and how violations were detected. The number of violations has trended down slightly. While agency preventive controls have failed, detective controls are working. Employees and agencies are comfortable self‐reporting violations, which are neither pervasive nor material. The risk of violations increases during fiscal year transitions and periods of change. The Act remains effective at stopping unauthorized and overspending, but does not address wasteful spending.     

Responding to the environmental effects of remittances and trade liberalization in net-importing economies: the role of renewable energy in Sub-Saharan Africa

Economic Change and Restructuring - Little is currently known about how policy choices that seek to bridge the gap between low production capacity and growing consumption demands in developing...     

The Rise of Gulf War Paradigm 2.0

The adage that “it is always easier to fight the last war” is one that readily can be applied to the United States and its armed forces for not predicting the scale and type of operations encountered in the occupations of Iraq and Afghanistan. This article argues that the lack of preparation in the post-invasion phases arose from an institutional attachment to a preferred paradigm of warfare, as exemplified by the Persian Gulf War of 1991. This paradigm, though, has been substantially resurrected and re-configured to suit the fighting preferences of the American armed forces in its protracted encounters in Iraq and Afghanistan. Far from re-orienting its organization and mindset to meet the challenges of so-called counterinsurgency campaigns, as much current advocacy maintains, the military has reverted to the form of warfare it knows best.     

The rise and fall of the legal expert system†

Those very few of us who were critical of the rise of legal expert systems in the early 1980s probably wonder, in idle moments, whether there is a possibility of rejuvenation of an approach which was once multi-various and is now obscure and esoteric. Is it possible that after rising and falling, that legal expert system research programme could rise again? What were the conditions which gave impetus to the field and could they be repeated? In this article I want to return, with a personal viewpoint, on the rise of expert systems and why - despite their failure - the appeal of commoditising legal expertise continues to allure the unwary.