The economic effects of judicial accountability: cross-country evidence

Judicial independence is not only a necessary condition for the impartiality of judges, it can also endanger it: judges that are independent could have incentives to remain uninformed, become lazy or even corrupt. It is therefore often argued that judicial independence and judicial accountability are competing ends. In this paper, it is hypothesized that they can be complementary means towards achieving impartiality and, in turn, the rule of law. It is further argued that judicial accountability can increase per capita income through various channels one of which is the reduction of corruption. First tests concerning the economic effects of JA are carried out and on the basis of 75 countries, these proxies are highly significant for explaining differences in per capita income drawing both on OLS as well as TSLS.

公共政策与最高人民法院的角色——以关于汶川、玉树和舟曲的通知为分析对象

最高人民法院在一系列的司法文件中形成了关于社会环境因素、管理因素和价值因素的公共政策。最高人民法院回应公共政策有非常状态的应对、社会改革的诉求、政法传统的延续等现实和历史的原因。从公共政策视角来看,最高人民法院在与公共政策相互关系、价值追求、司法哲学等角色定位方面都呈现出一些新趋向。     

Eighteen Ways Courts Should use Technology to Better Serve Their Customers

Courts have traditionally used technology to enhance their internal operations. “Outward‐facing” technology focuses on meeting the needs of the court's customers. The article gives 18 examples of such technology and shows how better serving a court's customers provides direct benefits to the court itself.     

司法审查的第三条道路——弱司法审查的兴起、发展及其中国意义

如何处理议会与法院关系，进而很好地保护人权，对世界各国来说都是一个重要且棘手的问题。长期以来人们只能在威斯敏斯特的议会至上和美国式司法审查模式之间做出非此即彼的选择。然而，1980年代之后，一种允许法院通过司法审查积极保护人权，但同时又尊重民主所要求的人民自我统治的新的司法审查模式，即弱司法审查模式正在兴起。梳理此一模式的制度发展脉络和相关学术争论，客观评价此种司法审查模式对“议会／法院”关系的处理以及人权的保护所可能带来的影响，并在此基础之上反思此种模式对于中国可能的意义，毫无疑问，是十分重要的。     

北京知识产权法院若干问题

北京知识产权法院的成立处于建立创新型国家与全面推进依法治国两个重要节点背景下,其建立不仅仅着眼于加强知识产权保护,支持创新驱动,更旨在以知识产权审判机制改革为先导,推动司法体制改革,促进依法治国。北京知识产权法院在法院设置、管理体制、审判机制上有诸多创新,这些为我国探索更为合理有效的知识产权审判体系提供了指引。     

Evaluation of Implementation of the Kentucky Court Rules of Procedure and Practice: An Approach to Assessing the Impact of Court Reform Efforts

This article describes a Supreme Court of Kentucky court improvement initiative designed to promote uniformity and improved court practice with an ultimate goal of the improvement of outcomes for children and families through implementation of Family Court Rules of Procedure and Practice. Twelve jurisdictions were purposely selected to exhibit a range of family and non‐family court jurisdictions, rural and middle‐sized locations. This article focuses on the results of court case file review related to indicators of due process and timeliness. Implications for court evaluation and reform activities are discussed.     

Effectiveness of Functional Family Therapy for Mandated Versus Non‐Mandated Youth

This study compares the outcomes for youth mandated to participate in Functional Family Therapy (FFT) to those whose participation was referred but voluntary. FFT is a short‐term intervention for delinquents and status offenders, along with their parents. The study sample consists of 120 cases: 70 youth and parents who were mandated by the Family Court to participate in FFT and 50 youth and their parents who were referred to FFT by other agencies. The sample is diverse in terms of gender, race and ethnicity. The outcome variables consist of a set of scales obtained from the Strengths and Needs Assessment (SNA). Changes in life domain functioning, child strengths, acculturation, caregivers' strengths, caregivers' needs, child behavioral emotional needs, and child risk behaviors are assessed. The analysis indicates that both groups improved across all domains. Overall, being mandated to participate in FFT does not predict greater improvements in outcomes. The findings suggest that status offenders and minor delinquents who participated in FFT could be processed less formally without foregoing the therapy outcomes.     

中国知识产权法院的愿景及其实现路径

中国知识产权专业审判组织的建构始自20世纪90年代,知识产权法院是其自然延伸。设立知识产权法院有诸多理由,如促进司法统一、提高程序效率、强化知识产权保护、树立良好国际形象、试点司法改革等,但并不能从理性上由此得出知识产权法院具有必然性的结论。因而,知识产权法院是综合政策的结果。知识产权法院在我国应定位于专门法院,其建立与完善是一个长期的过程。有必要借鉴域外知识产权法院的经验,并结合现实国情,建立有中国特色的知识产权法院制度。知识产权法院的建设还应置于司法改革的背景下,在司法体制、机制以及知识产权特别程序制度方面进行探索,为全面的司法改革积累经验。     

Islamic Shariah and Blasphemy Laws in Pakistan

The arbitrary, discriminatory and oppressive application of blasphemy laws in Pakistan has been the cause of much discord and violence in recent years, affecting the non-Muslim population particularly harshly. This article traces the history of such laws and argues that the courts have done little to mitigate the adverse effects of their use by successive governments. The article calls for urgent and concerted international pressure to ensure that the Pakistani authorities respect their obligations under relevant legal instruments.