Can We Talk? What We Have Learned About How to Have Productive Conflicts About Family Policy and Family Law

How we handle professional conflicts affects our capacity to help others in conflict. Two AFCC dialogues, one about domestic violence, the other about shared parenting, illustrate the challenges of taking on professional differences. The former resulted in considerable consensus. The latter involved a frank exchange of differences but little overall consensus. It was, however, an important beginning of a critical conversation. Other issues calling out for constructive conflict engagement, include the crisis in providing access to justice for family litigants who cannot afford legal representation. Professional groups must move beyond defending their own self interests to addressing this crisis.     

论在“五位一体”总体布局中工会的定位、面临的挑战及作用

"五位一体"是党中央对中国特色社会主义事业作出的新的全局性规划,体现了党对社会主义建设规律的全新把握。工会是联系党和职工群众桥梁和纽带,代表和维护职工合法权益,同时也承担着动员和组织职工积极参加改革和建设,努力推动我国经济、政治、文化、社会、生态文明各项事业不断向前发展的重要任务。新时期党和国家高度重视、相关法律法规不断出台、职工素质普遍提升及对工会的认同,都给工会发挥作用创造了机遇。但同时又面临着劳动关系日趋多样化和复杂化、劳动者利益诉求多元、思想状况日益复杂、价值取向多元和利益表达渠道不畅通等方面的挑战和压力。面对党、政府和职工对工会寄予的深切厚望,工会组织应从自身实际出发,从加强组织建设、提高工会干部整体素质、创新工会工作方式等方面找准定位,充分发挥自身优势,努力在新时期经济建设、政治建设、文化建设、社会建设以及生态文明建中争取更大的作为。     

Third Way Regulation? Community Legal Service Partnerships

This article examines recent changes in the civil legal aid scheme in England and Wales (now called the Community Legal Service) and the creation of Community Legal Service Partnerships in particular. The article explores three main interests: it illustrates how third way thinking has been applied to the reform of the legal aid scheme under the Access to Justice Act 1999; it explores how partnership fits within theories of public regulation; and it illustrates how professionalism is being re-shaped by a combination of new public management, contractualism and partnership. It points to important limitations in new public law theories of extended accountability and democratised governance as manifested in partnerships.     

Reviews

Books reviewed:
Gastwirth Statistical Science in the Courtroom
Fraser The Jews of the Channel Islands and the Rule of Law, 1940–1945: 'Quite Contrary to the Principles of British Justice'
Cretney Family Law: Essays for the New Millennium
Witteveen and van der Burg Rediscovering Fuller: Essays on Implicit Law and Institutional Design
Jørgensen The Responsibility of States for International Crimes     

The Judicial Role in Defining National Security and Access to Information in South Africa

This article argues that judicial and other institutions concerned with legal interpretation are playing an increasing role in regulating and defining the concept of national security for South Africa, particularly in the realm of national security information. Part I surveys the post-apartheid evolution of accountability of South Africa’s national security agencies with particular attention to the treatment of national security information. Starting from a low base, intelligence agencies in South Africa have become more accountable, in part through the greater degree of access to national security information. Part II portrays the placement of access to national security information within South Africa’s legislative framework, taking into account the keys laws underpinning both secrecy and disclosure regulation. Here, with no definition of national security on the secrecy side, it is on the disclosure side of South Africa’s legislative framework that the judiciary and other legal actors are crafting an operative definition of national security. Part III covers three recent developments, arguing that they demonstrate the increasingly important regulatory role played by the judiciary and other legal institutions. These include two key Constitutional Court decisions and an ongoing legislative reform effort.     

Excel现场绘图技法探讨

搜集近几年来刑侦技术人员绘制的现场平面图数百幅，从中发现运用Excel进行现场绘图时需要解决的细节问题，探讨解决方案。     

普通物理实验数据处理方法探讨——Excel工作表的分析计算功能开发与应用

利用计算机Excel的数据统计、分析以及计算功能,对普通物理实验数据进行处理,是一种简单方便的捷径.本文从物理实验数据处理的基本方法入手,结合实验数据.探讨了几种具体的处理方法.     

Denying Foreign State Immunity on the Grounds of the Unavailability of Alternative Means

Granting immunity from suit to a foreign state or an international organisation, deprives the plaintiff of access to court and appears incompatible with the rule of law. Since the European Court of Human Rights judgment in Waite v Germany (1999), the availability of alternative means for dispute settlement has been emphasised in the context of international organisation immunity. However in the case of foreign state immunity, this approach was not taken by the European Court of Human Rights in Al-Adsani v United Kingdom (2001) nor by the House of Lords in Jones v Ministry of the Interior of Saudi Arabia (2006). Likewise, foreign state immunity would be granted under the UN State Immunity Convention of 2004, regardless of whether there are alternative means. This Convention, rather than enhancing the rule of law, could lead to its attenuation. That several of these cases involve immunity in cases of torture sharpens their sensitivity.     

浅析环境知情权

环境知情权是公民参与环境保护的前提条件和基础保障,并能够增进法的自由、秩序、效益价值,我国应该在借鉴国外先进的环境信息公开模式的基础上,构建完善的环境知情权法律机制。     

Contracts for Legal Aid: A Critical Discussion of Government Policy Proposals

In this paper, we examine the UK government's proposals for the reform of legal aid, which are based on block franchising. We identify several potential incentive-compatibility problems mainly concerned with the possibility of chiseling on quality after contracts are awarded or with supplier control of access to legal aid. Our suggestions for improving the scheme are based around awarding vouchers for legal aid.