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11.
Josie Kelly 《Public administration》2006,84(2):508-511
BRITISH LOCAL GOVERNMENT INTO THE 21ST CENTURY Gerry Stoker and David Wilson (eds) Palgrave Macmillan, 2004, 304 pp., £50.60 (hb), £18.99 (pb) ISBN: 1403918724 相似文献
12.
G. Robert Blakey 《Trends in Organized Crime》2006,9(4):8-34
In 1970, the Congress enacted the Organized Crime Control Act. Title IX of the 1970 Act is the Racketeer Influence and Corrupt
Organization Act or RICO. This Act had its origins in legislation going back as far as 1934, but coming forward to 1961. The
1970 Act borrowed ideas from this earlier legislation, principally “enterprise,” but also the use predicate statutes to define
“racketeering activity.” The ideas are not new, but their combination affects how prosecutors and law enforcement agents investigate,
try, and sanction violations of the Act. RICO’s drafting also reflects organizational theory and economic analysis. The investigation
and prosecution of a single crime committed by an individual on a single day and in a single place maybe done using one set
of procedural and evidentiary rules. Nevertheless, the investigation and prosecution of patterns of diverse offenses committed
by, through, and against licit and illicit enterprises require sophisticated procedures, evidentiary rules, and criminal sanctions.
In addition, antisocial conduct is more than a challenge to the administration of criminal justice; it also requires the full
panoply of civil sanctions, including public injunctions as well private enforcement of injunctive relief and treble damages.
RICO has had a profound effect on the prosecution of organized crime, white-collar crime, and other forms of similar criminal
behavior.
William J. & Dorothy K. O’Neill Professor of Law, Notre Dame Law School; A.B. 1957, University of Notre Dame; J.D. 1960, Notre
Dame Law School. Professor Blakey was the Chief Counsel of the Subcommittee on Criminal Laws and Procedures of the United
States Senate Committee on the Judiciary in 1969-70 when the Organized Crime Control Act of 1970, Pub. L. No. 91-542, 84 Stat.
922 (1970) was processed, Title IX of which is the Racketeer Influence and Corrupt Organization Act or RICO. For a general
treatment of the statute from a variety of perceptive, see the collection of law review literature in G. Robert Blakey & Kevin
Roddy, “Reflections on Reves v. Ernst & Young: Its Meaning an Impact on Substantive, Accessory, Aiding, Abetting and Conspiracy
Liability under RICO,” 33 Amer. Crim. L. Rev. 1345, 1348 n. 3(1996). 相似文献
13.
14.
This study aimed to expand the scope of previous research by assessing the effectiveness of soot-removal techniques on glass from petrol-bomb debris using methods of 1% and 2% sodium hydroxide (NaOH) solutions, ultrasonic bath and vacuum suction. Of particular interest were the 1% and 2% NaOH solutions applied to the soot-covered surfaces. Petrol bombs containing petrol or a 50:50 mix of petrol and motor oil were exploded and the debris was collected for analysis. Favourable results were found to varying degrees using each of the soot-removal methods with the 1% and 2% NaOH wash solutions, being the most useful. The 2% NaOH solution also proved successful as a soak to loosen and remove heavy contamination of soot and accelerants without damaging the finger mark beneath. This study also found that recovery of finger marks in blood from beneath soot using the 2% NaOH solution was possible. Finger marks were also applied to glass bottles with plastic adhesive labels, and providing the fire damage is not too great marks were also retrievable. Results from this study lead to the conclusion that the NaOH wash solution is ideally suited for soot removal to reveal latent and blood-contaminated marks both within the laboratory and at crime scenes. 相似文献
15.
A. J. Barnard 《Law and Critique》2006,17(2):153-170
The aim of this paper is to identify the possible substructure (looking glass/es) of a critical legal argument for contractual
justice (Wonderland) in the South African law of contract. South African contract law still fails, ten years after the constitutional
transformation, to reflect the constitutional ideals of freedom, equality and human dignity in an acceptable manner. I argue
that this disposition places a question mark over the legitimacy of contract law and marginalizes opportunities for the social
change envisaged by the Constitution. The paper explores Duncan Kennedy’s Form and Substance-argument and indicates that the
reluctance to accommodate these values may be attributable to the fact that the majority of role-players position themselves
on the individualism/rules side of Kennedy’s continuum – a paradigm that perceives the law of contract as a body of positivistic
rules to be applied neutrally and regardless of the social or socio-economic distortions its application may generate. In
an attempt to move away from this traditional approach, the privileged paradigm is criticised. A typical CLS-approach is followed
which employs sociology, psychological jurisprudence and game theory to criticise the law from outside the restrictive realms
of law itself. Simultaneously, I attempt to illuminate the argument for a shift (step through the looking glass) to another
paradigm. I conclude that our judiciary finds itself in a position similar to that of Plato’s prisoners in the cave and will
not reach the point where they apply relevant (constitutional) values directly to contractual disputes. The State is thus
responsible for infusing contract law with contractual justice, by implementing legislation to this effect in order to limit
the hegemonic consequences of the judiciary’s obsession with freedom of contract and utopian rules, which fail in reality
to further the ideal of justice.
Paper presented at the Critical Legal Conference, 4 September 2004, London, UK. This paper is dedicated to the memory of the
late Judge of Appeal, Mr. Justice P.J. Olivier. The paper is based on research conducted for the thesis in partial fulfilment
of the degree LLD in the Faculty of Law at the University of Pretoria under the title ‘A critical legal argument for contractual
justice in the South African law of contract.’ The degree supervisor is Professor Karin van Marle in the Department of Legal
History, Comparative Law and Jurisprudence. The author wishes to thank the following persons for valuable deliberations and
input: Karin van Marle, Graham Bradfield and Anashri Pillay. In addition, the author wishes to acknowledge and thank the University
of Cape Town for financially supporting this research.
†Paper presented at the Critical Legal Conference, 4 September 2004, London, UK. This paper is dedicated to the memory of
the late Judge of Appeal, Mr. Justice
P.J. Olivier. The paper is based on research conducted for the thesis in partial
fulfilment of the degree LLD in the Faculty of Law at the University of Pretoria
under the title ‘A critical legal argument for contractual justice in the South African
law of contract.’ The degree supervisor is Professor Karin van Marle in the
Department of Legal History, Comparative Law and Jurisprudence. The author
wishes to thank the following persons for valuable deliberations and input: Karin
van Marle, Graham Bradfield and Anashri Pillay. In addition, the author wishes to
acknowledge and thank the University of Cape Town for financially supporting this
research. apply relevant (constitutional) values directly to contractual disputes. The State is
thus responsible for infusing contract law with contractual justice, by implementing
legislation to this effect in order to limit the hegemonic consequences of the judiciary’s
obsession with freedom of contract and utopian rules, which fail in reality to
further the ideal of justice. 相似文献
16.
17.
In many states, legal representation for parents of dependent children is inadequate and can be a source of delays in securing permanency for children and unnecessarily protracted court proceedings. Often, such parents also face barriers to accessing services and independent evaluators. These issues are being addressed in the state of Washington through two approaches. The first is a successful enhanced legal representation program that has substantially improved case outcomes. The second is a statewide committee using innovative means to examine systemic responses to the challenges of the Adoption and Safe Families Act. 相似文献
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