Do the interests of academic lawyers and practising lawyers ever overlap?

‘A book may be good for nothing; or there may be onlyone thing in it worth knowing; are we to read it all through?’(Samuel Johnson) This section is dedicated to the review of ideas, articles,books, films and other media. It will include replies (and rejoinders)to articles, the evaluation of new ideas or proposals, and reviewsof books and articles both directly and indirectly related tointellectual property law. The book-reading habits of practising lawyers can be very differentto those of academic lawyers. A well-known publisher of lawbooks for academics and practitioners provides its authors witha style guide, which includes the following, helpful advicefor writing     

Command of the Sea with Chinese Characteristics

As globalization accelerates, U.S. foreign policy makers have become less convinced of the influence geopolitics and power politics have on international affairs. They now risk losing touch with rising competitors like China that continue to view the international system in geopolitical terms. Chinese geopolitical strategists have great influence with the country's defense policy makers, who are focusing increasingly on the need for China to establish command of the seas—a goal that threatens conflict between it and the United States throughout Asia. In order to prevent a return to a world dominated by aggressive, geopolitically driven actors, the United States cannot afford to assume that China shares its worldview and that geopolitics has disappeared from international relations.     

Crimes committed by terrorist groups: Theory,research, and prevention

Statement of Purpose: A decline in state-sponsored terrorism has caused many terrorist organizations to resort to criminal activity as an alternative means of support. This study examines terrorists' involvement in a variety of crimes ranging from motor vehicle violations, immigration fraud, and manufacturing illegal firearms to counterfeiting, armed bank robbery, and smuggling weapons of mass destruction. Special attention is given to transnational organized crime. Crimes are analyzed through the routine activity perspective and social learning theory. These theories draw our attention to the opportunities to commit crime and the criminal skills necessary to turn opportunity into criminality. Through these lenses, the research appraises the “successes” and “failures” of terrorists' engagement in crime. Because “failures” can result from law enforcement efforts to (1) interrupt criminal skill development, and/or (2) remove criminal opportunities via technologies and transportation systems, the research represents a best practices approach to the study and control of terrorism. This project was supported by Grant No. 2003-DT-CX-0002 awarded by the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.     

澳大利亚少年司法系统和新南威尔士州少年司法的新趋势

澳大利亚少年司法体制包括法律的主体、机构和法庭审理程序，是立法在现实中的展开和运用，而立法是司法运作的法律前提。澳大利亚关于未成年人的立法框架包括《1987年儿童（刑事诉讼）法》和《1997年少年罪犯法》，这两项法律确保了在法律面前儿童享有和成人平等的权利和自由，以及一系列的其他特殊权利，这是针对全国范围而言，是地方各州少年司法制度运作的宏观背景。具体到新南威尔士州中，其少年司法系统近些年来也出现一些新的趋势，这在新南威尔士州儿童法院的司法程序中可以得到明确体现，其包括未成年人刑事责任年龄、逮捕、保释等多个方面，从而为未成年人利益最大化的保障提供了具体的运作环境。     

Creating Broader Research Impacts through Boundary Organizations

Climate science research documents and predicts changes in the physical environment. This information informs policy decisions and public programs through the design of human interventions that promote adaptive management. Since the early 2000s, federal funding has led to the creation of transdisciplinary regional climate workgroups to facilitate integrative knowledge coproduction and promote shared use of research results by scientific and nonscientific stakeholders. Labeled “boundary organizations,” these workgroups are tasked with facilitating partnerships between climate science researchers and practitioners with expertise in multiple physical and social science disciplines. When these organizations are successful, scientific findings and practitioner experiences are integrated to synergistically create usable knowledge about adaptive management that provides direct public value and creates broader societal impacts. This article explores the broader impacts provided by these boundary organizations through the establishment of regional research agendas and the communication of research results in ways that influence regional public policy and promote adaptive management.     

Non‐Governmental Monitoring of Local Governments Increases Compliance with Central Mandates: A National‐Scale Field Experiment in China

Central governments face compliance problems when they rely on local governments to implement policy. In authoritarian political systems, these challenges are pronounced because local governments do not face citizens at the polls. In a national‐scale, randomized field experiment in China, we test whether a public, non‐governmental rating of municipal governments' compliance with central mandates to disclose information about the management of pollution increased compliance. We find significant and positive treatment effects on compliance after only one year that persist with reinforcement into a second post‐treatment year. The public rating appears to decrease the costs of monitoring compliance for the central government without increasing public and media attention to pollution, highlighting when this mode of governance is likely to emerge. These results reveal important roles that nonstate actors can play in enhancing the accountability of local governments in authoritarian political systems.     

Restraining Gulliver: Institutional reform and the strengthening of state capacity and compliance

Governance in the developing world is fraught with problems of corruption, weak institutions, and inadequate expertise among bureaucrats. Failing to enforce laws and regulations is one way in which these problems manifest themselves. In this paper, we evaluate changes across three institutions charged with oversight or administration of labor justice in Mexico. We find that both autonomy from the executive and professionalization are necessary to improve compliance with labor law over time. Our study shows that professionalization can occur in several ways, including through training, merit hiring, and introducing experienced external administrators. The implications of the study are that reforms that increase the independence and legal authority of oversight institutions should be complemented by efforts to strengthen the professionalism of bureaucrats.     

Citizen Led Policing in the Digital Realm: Paedophile Hunters and Article 8 in the case of Sutherland v Her Majesty's Advocate

In Sutherland v Her Majesty's Advocate, the Supreme Court unanimously dismissed an appeal which argued that the use of communications obtained by a paedophile hunter group as evidence in criminal prosecution was a violation of Article 8 of the European Convention on Human Rights. The case raises fundamental questions of the scope of the right to private life as regards to the content of communications and the role played by private actors in the criminal justice process. This note argues that by limiting the protection of Article 8 to private communications which satisfy a contents-based test, the Court has bypassed the Article 8(2) balancing test to the detriment of the due process rights of the accused. The note concludes that the decision opens up the prospect of the state circumventing the accused's Article 8 privacy rights by lending tacit approval to the proactive investigations of these private ‘paedophile hunter’ groups.