The Common Law Clean Up of the ‘Workshop of the World’: More Realism About Nuisance Law's Historic Environmental Achievements

This article examines the environmental benefits arising from compliance with common law nuisance injunctions during the British industrial revolution. It argues, based on the outcomes of industrial nuisance actions involving allegations of serious air and river pollution, that many millions of pounds were invested by corporate polluters in designing and implementing clean technologies within the framework of the common law. Nuisance law was not an unqualified success in the field of environmental protection at this time, but overall the findings contribute to the on‐going critique of the nuisance law histories of Brenner and McLaren, which argue that various limitations of the common law are at the root of modern environmental problems. The discovery of historic practical measures of environmental protection through common law enforcement raises important conceptual, policy, and legal questions for today, and disciplinary questions regarding the rigour of realist legal scholarship concerning the historic performance of the law.     

合作司法:司法公信力的社会治理谱系——基于福柯权力谱系学的展开

司法公信力是司法的生命力所在,也是全面深化改革在司法领域中的着力点。构筑司法公信力需要从社会治理高度对司法运作机制以重新审视。合作司法是社会治理谱系下从管理向治理转变在司法中的体现。降低司法成本和实践司法公正是合作司法实践路径中的两个向度,统筹两者是合作司法之于司法公信力的意蕴所在。     

出口信用保险立法的制衡问题

当前中国的出口信用保险体系出现了贸易融资方式加速创新等新特点,加深了对我国出口信用保险立法进程及制度建构问题的拷问。对出口信用保险进行立法设计,关键需要进行四个方面的制衡考量:首先是资金注入及盈亏制衡;其次要针对WTO贸易政策审查中敏感度较高的出口信贷担保进行预警,尽量设计能获得豁免对待的、满足"君子协定"相关条件的条款,并最终为加入该"君子协定"做好准备;再次是对目前银保合作的推动和监管应充分关注并吸纳相关国际金融软法立法机构和伯尔尼协会的有益建议;最后,随着几大重要的国际区域性投资协定的谈判开启,我国必须通过对海外投资险进行立法协同从而和相关的国际投资利益进行博弈制衡。     

Can epidemiological studies assist in the evaluation of community treatment orders? — The experience of Western Australia and Nova Scotia

Epidemiological studies using administrative databases have several advantages over other methodologies in studying the effectiveness of compulsory community treatment such as community treatment orders (CTOs). We compared patients placed on CTOs in Western Australia with controls drawn from both within the jurisdiction and from another without this measure (Nova Scotia). Although in different countries, the mental health services in both jurisdictions share common characteristics. Notably, we were able to control for forensic history in our comparison within Western Australia. We analysed predictors of admission and number of bed-days using multiple, logistic or Cox regression as appropriate. Of the 274 subjects placed on a CTO, we were able to find controls for up to 96% (n = 265). CTO placement was not associated with reduced admissions or mean bed-days, although there was a threshold effect with a reduced risk of inpatient stays exceeding 100 days. Outpatient contacts were significantly greater for the CTO group. However, we do not know whether the intensity of treatment, or its compulsory nature, effected outcome.