Forensic Archaeological Recovery of a Large‐Scale Mass Disaster Scene: Lessons Learned from Two Complex Recovery Operations at the World Trade Center Site

In 2006, unexpected discoveries of buried World Trade Center (WTC) debris and human remains were made at the World Trade Center mass disaster site. New York City's Office of Chief Medical Examiner (OCME) was given the task of systematically searching the site for any remaining victims' remains. The subsequent OCME assessment and archaeological excavation conducted from 2006 until 2013, resulted in the recovery of over 1,900 victims' remains. In addition, this operation demonstrated the essential skills archaeologists can provide in a mass disaster recovery operation. The OCME excavation data illustrates some of the challenges encountered during the original recovery effort of 2001/2002. It suggests that when understood within the larger site recovery context, certain fundamental components of the original recovery effort, such as operational priorities and activities in effect during the original recovery, directly or indirectly resulted in unsearched deposits that contained human remains.     

The Place of Wishes and Feelings in Best Interests Decisions: Wye Valley NHS Trust v Mr B

In Wye Valley NHS Trust v Mr B the Court of Protection decided that it was not in the best interests of Mr B to receive amputation surgery against his will, notwithstanding that he would die without the treatment. The judge met with Mr B in person and his best interests decision placed significant weight on Mr B's wishes and feelings. This case note considers this influential case in the context of ongoing debate about the place of wishes and feelings in best interests decisions under the Mental Capacity Act 2005. It considers the history of the best interests principle, its interpretation by the Supreme Court in Aintree University Hospitals NHS Foundation Trust v James, ongoing debates about its compatibility with Article 12 of the United Nations Convention on the Rights of Persons with Disabilities, and recent proposals by the Law Commission for statutory amendments to the Mental Capacity Act.     

The Adoption and Safe Families Act: Proposing a “Best Efforts” Standard to Eliminate the Ultimate Obstacle for Family Reunification

The Adoption and Safe Families Act of 1997 (ASFA) was enacted in an attempt to expedite the child's permanency plan by pushing for adoption of children in foster care. The ASFA requires the U.S. Department of Health to make reasonable efforts to reunify and preserve existing families while rewarding the states for increased adoption of foster care children. The ASFA was enacted to ensure the best interests of the child are to remain paramount, but in practice, the ASFA is furthering the best interests of the state. This Note proposes amendment of the ASFA to increase the obligation of the Department of Social Services (DSS) to make its best efforts to preserve and reunify the existing family unit, while also imposing a penalty if the DSS fails to do so.     

WTO公平竞争原则在倾销与反倾销领域中的影响适用

建立以公平竞争为基础的多边贸易体系是世界贸易组织的基本目标,世界贸易组织的宗旨和各协议都体现了公平竞争原则.在世贸组织各项条款中,这一原则主要体现在第六条"倾销"、第七条"补贴"和第十七条"国际贸易"等条款之中.     

The use of economic analysis by the Supreme Court in applying the concept of the relevant market

Attention by the courts to what constitutes a market has resulted from litigation enforcement by both the Federal Trade Commission and the Antitrust Division of the Department of Justice, especially in connection with the amended section 7 of the Clayton Act. The termmarket is not mentioned in either the Clayton or the Sherman Acts. What constitutes a part of commerce, a line of commerce, or section of the country has been interpreted by the courts to mean a market. A market in antitrust administration then becomes judicial—a process of interpreting the language of the antitrust statutes.     

持有型犯罪争点探微

持有型犯罪中争论较大的两个问题就是持有的构成与持有的性质。持有是主客观的统一 ,只要行为人主观上认识到所持物的存在、客观上控制特定物品就可构成持有 ,无需认识所持物品的性质 ,控制并不受时空限制。刑法中的行为不同于自然意义的行为 ,它是具有社会意义的人的举止 ,因此否认持有的行为性是没有根据的。作为与不作为的界限在于所违反规范的类型 ,持有作为第三种行为类型无论在形式逻辑上还是事实上都不能成立。持有的性质只能视具体情况而定 ,通常情形是不作为 ,在仅有获取持有行为时才是作为     

A Challenge for Police-Community Relations: Rethinking Stop and Search in England and Wales

This article presents research carried out as part of a government research programme looking at how police tactic of 'stop and search' in England and Wales. For many years, figures which have shown a higher rate of stop and search of minority ethnic groups, particularly black people, have provoked much controversy, and have been seen by many as a manifestation of police racism. This article reviews the way in which stop and search impacts on public confidence, with particular reference to those from minority ethnic groups. It goes on to explore its role within policing, including an examination of its effectiveness against crime and the evidence for racism in police practice. Following from this, it considers how stop and search can be used in a way that minimises negative impacts on the community and maximises its effectiveness against crime.     

A Reaction to Popular Hysteria: The Titles Deprivation Act 1917

The Titles Deprivation Act represents the `other side of the coin' of King George V's decision in 1917 to divest the Royal Family of its appearance of German-ness and adopt an outwardEnglishness by renouncing the German titles of its members and adopting the surname of Windsor. The Act created a mechanism by which German holders of British royal titles and peerages could be deprived of those honours on grounds which had no precedent in earlier law and practice, this mechanism being used for the first and only time in an Order in Council of 28th March 1919 to deprive three German princes and one Austrian, two of them first cousins of George V and a third an uncle by marriage, of the British titles which they held. This paper considers, first, the background to the Act and, in particular, the reason why legislation on this highly controversial issue was introduced in Parliament only after theFirst World War had been going on for two-and-a-half years. It identifies the reason for this delay as the reluctance of the Asquith Government to involve the King as the `fountain of honour' with a course of action which he personally considered to be petty and undignified and of no importance to the war effort, and hypothesises that the Government's change of heart resulted from the trial and execution of Roger Casement for treason, with which there is an exact coincidence in time. Second, the paper considers the manner in which the Bill was drafted, identifies its distinctive features and follows its passage through Parliament. Third, it considers the manner in which the provisions of the Act were put into effect, in particular the manner in which evidence was gathered to create a case against the persons affected by it. This revised version was published online in August 2006 with corrections to the Cover Date.     

浅谈清代闽台商业贸易

明末清初,随着航海技术的进步,闽省土地和人口压力的大增,大陆百姓纷纷向台湾移民。大陆百姓向台湾的移民过程,就是台湾的开发过程。台湾的逐步开发,推动了闽台贸易的兴起与发展。闽台之间形成了区域分工与合作,人力和自然资源共享,相互依存、共同发展的局面。清代闽台贸易的兴盛,对于今天经贸往来是十分有借鉴意义的。     

对证据法中物证的理解

由于事物普遍联系的规律的作用,犯罪行为、民事纠纷和违反行政法规的活动,在其实施和发展过程中,必然会对周围的事物产生一定的影响,留下某些痕迹。即使有人毁灭,伪造证据,其毁灭伪造证据行为又会留下新的痕迹。那些受到犯罪行为,民事纠纷或者行政纠纷发生过程中的影响而在形状、位置等方面发生变化的物品,就储存了有关案件实际情况的信息,从而可以成为证据。在大多数案件中都是可以收集到物证的,因而它是司法工作中经常使用的证据种类之一。