The Trilateral cooperation

Legal context: The relatively informal agreements setting up the TrilateralCooperation (TC) among the world's three most important patentoffices are contrasted with formal multinational treaties suchas the Patent Law Treaty and the abortive Substantive PatentLaw Treaty. Key points: After its inception in 1983, the TC concentrated initially ondeveloping and implementing standards for electronic storageand retrieval of prior art documents, and facilitation of searching.This was later extended to electronic sharing of priority documentsand to standardization and searching of DNA sequence databases.More recently emphasis has been placed on harmonization of searchingand examination procedures, and working groups have comparedthe approaches of the Trilateral Offices (TOs) to the patentabilityof claims in areas of new technology. Encouragingly, the resultsare usually the same, although the specific objections raisedmay differ. The ultimate goal is to reach a situation in whicha claim allowed by one TO would be accepted by the others withoutfurther examination. Practical significance: The TC has already facilitated search and examination, leadingto lower costs and shorter pendency times than would otherwisebe the case. Further progress depends on harmonization of substantivepatent law, which in turn depends on the willingness of theUSA to accept a first-to-file system.     

论“圈地”现象背后地方政府的利益追求

本文从近期的“圈地”热潮开始谈起,分析了土地与土地权,国家与政府,中央政府与地方政府三组关系,讨论了其对征地的影响,并将重点落到地方政府上面。然后,用经济学的有关理论论证地方政府“圈地”追求的并不是一般意义上的垄断利润,而是其他一些利益。文章提出了建立一套利益制衡机制以遏制地方政府利益追求,试图以此来规范征地行为。     

SPLIT IDENTITY AND CHILDREN OF DIVORCE

Divorce, although a statistical norm, is a developmental trauma to the children involved. This article looks at the two-camp emotional environment of a divorcing family and its effect on the formation of a child's identity. By examining developmental ages, chosen according to divorce research, the author attempts to show how the interspouse emotional cathexes negatively affect a child's sense of self in ways specific to the child's age at the divorce.     

律师职业拒证特权的风险和界限——以刑诉法再修改专家意见稿为蓝本

广义上的律师职业拒证特权是律师在诉讼业务和非讼业务中所知悉的公司、个人和非法人团体的秘密拒绝向国家、社会和第三人泄露,狭义上的律师特权是指在刑事诉讼活动中从当事人口述或书面交流中获知的与正在侦查或追诉的案件有关的、不利于当事人的证据信息或信息线索,拒绝向司法机关报告或作证。律师拒证特权使律师处于二难风险:可能受到国家的职业否定,亦可能遭受当事人利益反悔的贬损。律师必须正确、恰当理解职业拒证特权的界限,即不帮助犯罪嫌疑人、被告人隐匿、毁灭、伪造证据或串供,不威胁、诱骗证人作伪证,消极履行真实义务,根据证据,不做违背事实真相的辩护。     

Mass deaths by gas or chemical poisoning. A historical perspective

This review chronicles the characteristics of deliberate and accidental mass poisonings that occurred in World Wars I and II, in Bhopal, and in other historical cases up to and including modern wars. It also considers approaches to the investigation of such cases from the medicolegal as well as general standpoints.     

中巴美三国关系的安全结构及其现实意义

50余年以来,中国、美国、巴基斯坦三国之间的关系经历了四个演化阶段,但却表现出共同的深层结构,即密切联动、大国主导、小国相机调适。反恐战争后的中巴美三边关系出现了若干新的变化,但由于上述深层结构的决定性作用,可以预见中巴美关系将在历史形成的既有框架中继续演进。     

DNA commission of the International Society of Forensic Genetics: Recommendations on the interpretation of mixtures

The DNA commission of the International Society of Forensic Genetics (ISFG) was convened at the 21st congress of the International Society for Forensic Genetics held between 13 and 17 September in the Azores, Portugal. The purpose of the group was to agree on guidelines to encourage best practice that can be universally applied to assist with mixture interpretation. In addition the commission was tasked to provide guidance on low copy number (LCN) reporting. Our discussions have highlighted a significant need for continuing education and research into this area. We have attempted to present a consensus from experts but to be practical we do not claim to have conveyed a clear vision in every respect in this difficult subject. For this reason, we propose to allow a period of time for feedback and reflection by the scientific community. Then the DNA commission will meet again to consider further recommendations.     

The sentencing reform act of 1984: A bold approach to the unwarranted sentencing disparity problem

Conclusion In 1984, after years of study and thorough debate, a bipartisan majority of the Congress enacted perhaps the most far-reaching reform of the federal criminal justice system in the history of the United States. The Sentencing Reform Act and the federal sentencing guidelines are now beginning to produce data indicating that the objectives of avoiding unwarranted disparity and invidious discrimination are being achieved.After an uncertain beginning, the guidelines are gaining acceptance by courts and criminal justice practitioners. As one appellate court observed in admonishing lower courts that the guidelines must be respected:We have embarked on a new course. Only time will tell whether the use of the guidelines will result in an improvement over the old system. But unless we follow the spirit and written directions of the guidelines, we will never know if they have been given a fair test. They at least deserve that.Indeed, the bold new approach to sentencing that is being followed today in federal courthouses throughout the United States deserves an opportunity to succeed, given its many beneficial features and the lofty goals toward which the reforms are directed. While ample work remains for the United States Sentencing Commission to monitor and improve the guidelines, indications at this still early date are that the experiment is succeeding.An earlier version of this paper was presented at the fifth conference of the Society for the Reform of Criminal Law, Parliament House, Edinburgh, Scotland, August 5–9, 1990. The views expressed herein are those of the authors and do not necessarily represent the official position of the United States Sentencing Commission.B.A., Davidson College 1964; J.D., University of South Carolina School of Law 1967.B.A., Ohio State University 1974; M.S., Arizona State University 1980; M.A., University of California, Santa Barbara, 1983.B.S., Clemson University 1971; M.S., Clemson University 1975; J.D., University of South Carolina School of Law 1978.