Sexual Orientation,Gender Identity,and Adoption Law

The legal landscape surrounding adoption by lesbian, gay, bisexual, transgender, or questioning/queer (LGBTQ) parents continues to be dynamic and variable across the United States, yet the topic is generally viewed favorably by Americans and increasing numbers of LGBTQ adults are becoming adoptive parents. In this essay, we explore intersections of sexual orientation, gender identity, and adoption law. We discuss connections between parenting (including adoption) and marriage rights, highlight the influence of varying legal contexts and discrimination for LGBTQ adults who pursue adoption (including case examples from Florida after the gay adoption ban was lifted), and incorporating the perspectives of adoption‐agency personnel working with LGBTQ clients.     

Blood Will Not Justify My Relation: Same‐Sex Couples and their Battle for Standing as De Facto Parents

A parent's right to maintain a relationship with his/her child lies within the Fourteenth Amendment of the U.S. Constitution; however, this right does not apply to every type of parent. Although the U.S. Supreme Court granted same‐sex couples the right to marry, they still face parental rights issues when their child(ren) are nonbiological or nonadoptive because they lack standing for custody and/or visitation as de facto parents. Moreover, the rise of nontraditional same‐sex‐couple families has been placing states in a predicament, and the lack of uniform rights for de facto parents creates great inconsistency across the United States. The creation of a uniform statute with specific elements distinguishing de facto parents from mere caretakers will grant same‐sex nonbiological parents standing and create uniformity across the United States.     

Judicial Review,Irrationality, and the Legitimacy of Merits-Review

The definition of the irrationality ground of judicial review recognises the constitutional principle of the separation of powers, in allowing for judicial control of the executive only very rarely. The author in a previous article in this study found that the courts, on occasions, had intervened in circumstances where administrative decisions arguably were not irrational. To this end, the purpose of this article is to assess the constitutionality of these seemingly low standards of irrationality. The author does so by reference either to the manner of review employed—the use of the proportionality principle, for example—or the context of the administrative decision under scrutiny, such as the infringement of the applicant’s fundamental rights. The author finds that the cases from the previous article where low standards of irrationality were arguably adopted were, in fact, legitimate according to these chosen methods of evaluation. However, this is an interim conclusion because, for reasons of word length, the author is unable to complete a full assessment here. It is therefore proposed that a subsequent article will continue to examine the constitutionality of these cases. Furthermore, the author will also try and establish a zone of executive decision-making, for reasons of democracy, where the courts are excluded from irrationality review. If the author is unsuccessful in this regard, the final conclusion of this study will inevitably be that low standards of judicial intervention exist without limit—a clear assault on the constitutional principle stated above.

论在新农村建设中的知识产权问题——以江苏省为例

新农村建设对知识产权提出了新要求,发展农村生产力、促进农民增收和实现由传统农民向新型农民的转变,必须依靠知识产权。在新农村建设中,应该加强自主知识产权建设;"品牌兴农"不能忽视农副产品的质量保证;培育新型农民树立知识产权保护意识。     

International Best Practice and the Constitution,Democracy and Rights Commission

The UK government has pledged to establish a Constitution, Democracy and Rights Commission. This body will have a wide remit to recommend potentially sweeping constitutional change. This article draws on international experience and best practice to outline how the commission might best organise the process to produce proposals which are widely supported, fit for purpose, and durable. We argue that to achieve these goals the commission’s organisation should reflect three key principles: impartiality, expertise, and public participation. This would reflect international best practice and build on recent domestic developments. We argue that these principles can best be achieved if the commission works through a citizens’ assembly that combines members of the public with party politicians. This would be a new departure for the UK, but a necessary one given the scale of the government’s constitutional reform agenda, and its stated goal of restoring public trust in politics.     

Land Reform: Unfulfilled Obligation in Southern Africa and Beyond

ABSTRACT

Land reform remains a relevant but contentious issue in southern Africa. It nearly caused the collapse the Southern African Development Community (SADC) after its tribunal ruled against the Zimbabwe land reform programme (which resulted in the removal of white settlers from land they had occupied for decades and, in some cases, for over a century). The major challenge for southern Africa and most of the African continent is to untangle itself from the provocative and salient legacy of social, economic and psychological apartheid on its territory for almost a century without disrupting development endeavours (Chigara 2012). This article exposes the theoretical foundations influencing the powers at play that compromise most of the efforts that have been directed at trying to facilitate transitions from colonialism and its legacies to societies egalitarian. Land rights have suddenly become very important and it appears that these rights only apply to those whose ownership of land has been legitimised by colonialism. The article recommends the application of already existing legal frameworks at domestic, regional, continental and global levels to meaningfully engage land reform challenges that confront SADC and the continent of Africa as whole as a consequence of the general non-compliance to the rule of law and justice itself.     

论我国监狱制度下罪犯的适当生活水准权——以国际人权公约为视角

适当生活水准权作为国际人权公约规定的一项基本人权,具有丰富的内涵和其自身的特殊性.在我国监狱制度下,罪犯享有适当生活水准权是不断提高的.同时,我们要努力完善监狱制度,进一步改善监狱设施,加强监狱法制建设,使罪犯权利的保护符合国际人权公约的要求.     

Unveiling The Headscarf Debate

In March 2004 the French parliament controversially adopted legislation regulating the wearing of symbols indicating religious affiliation in public educational establishments. This note discusses several features of the new law indicating its origins, its rationale and its position within French constitutional discourse on religious freedom and secularity. It is based on a panel discussion held in April 2004 within the Gender Studies Programme at the Robert Schuman Centre for Advanced Studies, European University Institute, Florence. Placing the French legislative initiative in the context of recent developments in national and European case law (suggesting clear limitations to freedom of religion), the note explores the complexity of issues of gender, identity and difference in the present debate, especially when considered in the light of reactions to the law in Islamic countries.     

试论行政立法与人权保障——兼以行政许可为例分析

行政立法应当以保障和不侵犯人权来证成自己道义上的正当性.为了保障人权,必须对行政立法的权限和目标进行控制.行政立法不得限制基本人权,对非基本人权的限制也要程度适当.行政立法必须制约行政权力、保障行政相对人权利.在行政许可设定上只有坚持法律保留原则、依法设定原则、许可设定公开原则、公众参与原则,限制行政许可设定的范围,贯彻行政立法的"无为"精神和有限政府的理念,才有利于保障公民的权利与自由.     

知识产权非理性扩张的一种认知模式

本文首先描述了在以美国等发达国家的极力鼓噪下知识产权非理性扩张的一般图像,在此基础上,笔者从知识产权制度与所有权制度哲学理念之差的视角切入,对知识产权制度的非正常发展进行了剖析和解读.文章认为,正是我们把所有权制度的基本理念错误地嫁接到知识产权制度上,才导致了今天知识产权制度的失范.基于前面的分析,文章还对中国究竟应制定物权法还是制定财产的基本法展开了探讨,文章的结论是我们应当制定财产的基本法,这有利于我们纯化知识产权制度和所有权制度这两套各别的制度系统,使二者在其自在自为的世界里获得健康和正常的发展.