The twilight zone between scientific certainty and legal sufficiency: should a jury determine the causation of schizophrenia?

In lawsuits involving complex scientific issues of causation, dispute resolution requires that a final decision be reached in each case, regardless of whether science is able to provide definitive answers to the questions of causation raised at trial. Proving causation before science has is a concept that scientists may find disconcerting and foreign to some of their basic assumptions. This paper explores the foregoing issues, discusses medical versus legal concepts of causation, outlines the legal tests for admissibility of novel scientific evidence (including Federal Rule of Evidence 702 and the Frye test of general acceptance by the relevant scientific community), and presents a toxic tort case in which expert psychiatric testimony addressed the issue of causation of schizophrenia. The paper articulates concerns about the "misleading aura of certainty" posed by scientific evidence and the burden of decision making that is cast upon the legal system in such scientific issue cases.     

Expanding Media Law and Policy Education: Confronting Power,Defining Freedom,Awakening Participation

The changes brought about by the Digital Age have not triggered significant increases in political participation or meaningful reductions in longstanding social power asymmetries, which are now increasingly negotiated in policy contexts that involve mass media (surveillance, big data, net neutrality). At the same time, new technology and communication patterns have opened fissures in public opinion about the limits of free expression while also creating new legal risks for citizen-communicators. This article suggests that universities need to recalibrate their curricula to meet the exigencies of this moment, which should include an increased emphasis on media law and policy courses and initiatives. The article outlines a rationale for action, and some strategies, based on the need to: (1) expand citizens’ expressive agency by equipping them with the knowledge to shield themselves from overt restraints and subtle forms of coercion; (2) deepen citizens’ civics knowledge, enhance their political efficacy and enable their political participation; (3) facilitate citizens’ engagement in reemerging debates about the meaning and scope of the First Amendment; and (4) spur citizen involvement in confronting pressing constitutional and media policy issues whose resolution will ultimately shape the broader balance of social power.     

The control of visual representation: American art policy in occupied Germany, 1945–1949

The development of the fine arts in post-war West Germany was influenced by the Office of Military Government for Germany, US (OMGUS). In mid-1946, a small group of OMGUS officers proposed the development of a fine arts policy aimed at neutralizing the Soviet cultural offensive. They were also interested in overcoming the cultural isolationism inherited from the Third Reich, and in strengthening the link between Western Germany and the democratic West. In 1947 the Monuments, Fine Arts, and Archives Branch (MFA&A) of OMGUS began to develop an active fine arts policy. Its officers organized art exhibitions, provided exhibition space, established art contests, invited international speakers to lecture on art, created art appreciation groups, purchased work by German artists, channeled funds to German artists, and connected German artists with American museums, universities, and art patrons. Formal and informal, overt and covert networks were established to develop German-American artistic relations in the context of a cultural policy emphasizing collaboration.     

以科学发展观指导青少年犯罪防治工作

一段时期以来，我国青少年犯罪形势发生了新的变化，不仅青少年犯罪案发数有较大幅度的增长，而且青少年犯罪作案类型多样化、作案手段残忍性和作案后果严重化的特征尤为突出，有的专家学者预计，我国青少年犯罪新一轮高峰将会到来。确实，进入改革开放新时期后我国社会治安形势日趋严峻，犯罪诱发因素持续增多，例如，每年有数十万刑满释放和解除劳教的青少年将回归社会，有上百万大学生毕业后无法找到工作岗位，     

Hague Case Law — Latest Developments

Netherlands International Law Review -     

Quantifying Hate: The Evolution of German Approaches to Measuring ‘Hate Crime’

This article examines and explains the rise of ‘hate crime’ as a category recognised by the German state. It documents the transition from a fluid and unspecific concern about violence against vulnerable groups in the immediate post-unification years to the formal adoption of ‘hate crime’ and its counterpart ‘right-wing politically motivated crime’ as official statistical categories. It uses theories of policymaking coupled with insights from scholarship on sociological uncertainty and policy transfer to explain the adoption, adaptation, and limitations of the hate crime concept in Germany.