Brown,Governor of California v Plata

This case note examines the controversial decision of the US Supreme Court which, by a majority of 5:4 held that California should reduce its prison population as overcrowding levels gave rise to cruel and unusual punishment. The implications of the case for the interpretation of when prisoners' rights under the Eighth Amendment are breached, the separation of powers are discussed; the possible impact on prison rates in the USA is also examined.     

Trust in the clouds

The “cloud” is not new, and its roots go back to the original plans for computing from the 1950s. Now that computing is moving back to the original cloud-based models that were envisioned more than 60 years ago, with it, consumers are realizing the increases in security and safety that accompany the move to centralized servers. Yet the perception of “trust” in this context is often still formed by views that people have from their use of computers over the past two decades, which is localized in nature (“if I can see it, I can control it”). This view is based on perception more than fact. Our paper discusses different views of trust in other contexts (such as banking and travel) and concludes that users of cloud computing should recast their view of trust in a similar way that consumers of banking and travel have changed their perceptions of trust in the last 100 years.     

The Obligations and Expectations of Couples Within Families: Three Modes of Interaction

What kinds of family structures emerge after a couple relationship is formed? How are obligations perceived towards the family of origin and the family of the partner? How are obligations perceived towards the older generation and towards children? How are conflicts of interest approached or resolved? How are the obligations arising from these personal relationships affected by gender, ethnicity, culture and religion? This paper reports some findings from a qualitative study of 39 men and women aged 25–40 which investigates the social context for the legal regulation of couple relationships; whether marriage, cohabitation or civil partnerships.     

What does it mean to suffer loss? Haxton v Philips Electronics

In Haxton v Philips Electronics the Court of Appeal considered whether a widow could recover the diminution in value of her dependency claim following the defendant's tortious reduction of her life expectancy. The note outlines the development of the common law, demonstrating that Haxton is novel but not unorthodox, and tests whether Haxton's principles can provide a sound foundation for future cases. Positing three hypothetical scenarios, it argues that the disparity in outcome, rather than indicating a lack of unifying principle, as was suggested in Jobling v Associated Dairies, may be explained by combining Austin's division between primary and secondary rights with Gardner and Stevens' contributions as to how they are protected. Restitutio in integrum requires consideration of the reasons and values underlying the right in question and these are discernible in the jurisprudence. The note also considers whether Haxton could have been decided on the basis that a defendant should not profit from its own wrongdoing.     

Electronic evidence: A proposal to reform the presumption of reliability and hearsay

There is a general concern amongst judges, lawyers and legal scholars that evidence in digital format is not to be trusted, given that it can be altered and manipulated with ease. Some jurists have called for a UN Convention on matters relating to the authentication and admissibility of electronic evidence. It is debatable whether such a Convention is necessary, but guidance of an international nature might be welcome, providing that any such guidance remains guidance, and does not ossify into legal requirements that fail to take into account the dynamic and constantly developing changes in information technology. In any event, the accuracy of the presumption in England & Wales that a computer is in order at the material time is highly debatable, and it is suggested that this presumption ought to be reformed.     

《反恐法》中的境外反恐问题研究

恐怖主义犯罪已成为当今世界各国面临的头号安全问题。恐怖主义犯罪不仅造成严重的人员伤亡、财产损失,还对民族团结和国家统一带来了恶劣影响。为此,我国颁布了《反恐怖主义法》以严厉打击恐怖主义犯罪。其中,境外反恐成为一大亮点。境外反恐具有多方面的必要性。当前,我国在境外反恐上存在反恐合法性、管辖权、恐怖主义犯罪认定与程序、证据交换、境外侦查与引渡等现实难题。对此,我们可以通过建立新型反恐刑事司法合作机制,完善国内立法与司法,以及加强与他国反恐合作等方式予以解决。     

论对授权立法中授权行为的监控——各国现制比较及我国现制之反省

要提高授权立法的社会效益,就必须加强对授权行为的规制,明确权力秩序,确立授权禁区。另外, 授权还必须具有明确性, 对立法者必须具有他律和外部制约措施。     

Public Charitable Collections: Are they a Worthwhile Cause?

This article examines one of the most long-established methods of fund-raising for charitable causes in the UK – public charitable collections – and looks at changing patterns in this method of fund-raising in recent years. There have been changes both in the method of collection, which now extends beyond cash donations collected by unpaid volunteers to direct debits and credit card donations collected by paid collectors, and also in the chosen locations for collections, with a preference for supermarkets and other off-street sites. These changes have brought with them difficulties in the regulation of such collections. The article gives a brief overview of current legislative provisions in the UK and the proposed new measures for England and Wales. It examines some of the practical problems involved with the implementation of legislative provisions, and considers some alternative ways of combating potential fraud.     

Burying Bell: Managing the Judicialisation of Social Security Tribunals

The Social Security Act 1998 introduced fundamental changes to the tribunal system for hearing appeal claims in respect of benefits. This article examines the reasons for these changes to the largest tribunal system in the United Kingdom, and their implications for claimants. It emphasises the increasing legalism and approximation to ordinary courts of these tribunals. In particular, the article considers the implications of the reduction of lay membership of tribunals and the threats posed to the traditional inquisitorial approach.     

对修改现行《治安管理处罚条例》的几点思考

为适应社会治安形势发展和实现法制统一的需要,亟待对现行《治安管理处罚条例》予以调整、规范和完善。将《治安管理处罚条例》更名为《治安管理处罚法》;在修改时应遵循现实针对性与较强前瞻性相结合的原则,实体与程序并重的原则,遏制权力滥用与尊重、保障人权的原则,法制统一的原则以及民主与集中相结合的原则。