Cohabitation,female sacrifice,and judge-made law

This paper shares results of a study of judgments applying the common law as adapted to the cohabitation context. Specifically, the Supreme Court of Canada has held that couples who formed a ‘joint family venture’ may need to share the wealth gained during cohabitation. The study compares the couples leading to positive and negative findings of a joint family venture. Positive findings correlate with traditional markers of family and economic integration, such as joint bank accounts and the presence of children. Despite the discourse of family diversity, gendered patterns run across all the couples, with women assuming primary care of children, shouldering domestic labour, and making career sacrifices for the family. In a sign of the limits of judge-made reforms, the doctrine may be harder for some claimants to access than for others, in ways not necessarily tracking commitment and economic integration.     

Bringing the battlefield into the classroom: using video games to teach and assess international humanitarian law

The graphic and widespread atrocities committed during conflicts around the world and broadcast across 24/7 news and social media have made war never feel so close and the powerlessness of law seem so real. This raises difficulties in engaging students in real-life decision-making quandaries where military necessity meets legalism, as well as fundamental ethical questions about the use of realistic, yet explicit, imagery in the classroom. The School of Law at Queen’s University Belfast has developed a series of innovative computer scenarios based on the Arma 3 open world tactical war simulator. A variety of formative scenarios (addressing issues such as cluster munitions and landmines) were developed to familiarise the students with the factual scenario and the computer technology. Subsequently, students engaged in a summative assessment to test their legal understanding in the face of increasingly challenging conflict situations, in particular grey zones where legal argument can justify seemingly morally wrongful acts during war. This paper examines both the learning objectives of this project, and the project development cycle – from the initial proposal to its implementation in class, as well as positing the benefits and drawbacks in integrating technology and games into the legal teaching environment, reflecting on the emerging and traditional pedagogy in this area.     

Bridging the gap: online materials to equip graduate entrants to a law degree with essential subject knowledge and skills

Graduate entrants to law degrees can be disadvantaged by being exempted from Level 4 modules. Many lack the law-specific knowledge and skills that they would have gained from their first-year studies, making it more difficult for them to achieve mastery of higher-level modules. This poses risks to their retention and progression. The Open University Law School sought to bridge this gap by providing optional online “catch-up” materials, including 12 sessions of knowledge-based learning. Each session was followed by a brief Moodle poll so that we could ascertain that session’s fitness for purpose, and which students had studied it. The sessions were highly rated by respondents, and most had been studied in the target time of around 15 minutes. Studying the sessions was statistically associated with academic success. This finding does not prove that the sessions contribute towards student's attaining higher grades, but it is encouraging. Only a small percentage of students studied any sessions, and most of those did not study all of them. Since the sessions met their intended purpose for those who studied them, the Law School has now decided on a range of initiatives designed to increase the number of LLB students who study most of them.     

论追诉时效超期适用制度

为防止追诉时效制度轻纵犯罪人 ,有必要实行追诉时效超期适用制度 ,我国刑法有此规定 ,但对该制度的适用需从理论上进行进一步探讨 ,以期达到其立法理性思考与司法可行性操作的完美结合。     

两种主体立法之比较评价

本文对公民直接立法和代议机关立法的短长及其一般发展趋势进行了对比分析 ,认为 :两种立法形式各有短处和长处 ;从民主政治的要求和发展趋势来看 ,公民直接立法是最理想的立法形式 ,代表着立法形式的发展方向 ;从社会发展的现实来看 ,立法的基本形式只能是代议机关立法 ,但公民直接立法应作为代议机关立法的必要补充。     

On the Meta Rule of Energy Law: Contextual Reality Centered by Energy Transformation

The lack of the meta rule of energy law is the essential problem for the current conflict of energy law appositions and the valid establishment of theoretical systems. Therefore, it is crucial to set the energy transformation which symbolizes and normalize the energy revolution as the meta rule so that the problem is likely to be solved. The reason that energy transformation can be the meta rule is not only the result of reference of philosophical and law theories, but also the proved truth of the industrial revolution and Shale gas revolution in the U.S. Therefore, in establishing the energy law system in the future, the meta rule status of the energy transformation should be set up at the proper time to promote the normal development of the energy revolution in China.     

日本的“亚洲门罗主义”

当＂万国公法＂在近代日本逐渐为＂公法＂及＂国际法＂概念替换之际,美国人为了达成＂门户开放＂的对华政策而寻求同盟时,向日本人提出了伸张＂亚洲门罗主义＂的建议。这一建议暗合了日本的扩张意图,为日本不断利用＂公法＂张扬＂亚洲门罗主义＂提供了口实。可以说,20世纪30年代初成立的伪满洲国是这一建议带来的最大成果。然而,在伪满洲国承认问题上,＂亚洲门罗主义＂达到顶峰的同时又背离了＂公法＂。     

Do generic gTLDs require their own ex ante regulation?

This article reviews ICANN's treatment of applications to create new Top Level Domains based on generic terms (e.g. .book, .motorcycles), reserved for exclusive use by the applicant. It finds little evidence in past domain name history that such registrations represented a risk to competition. Had applicants made abusive use of their domains then existing law would have provided appropriate remedies in any case. Theory suggests that such a novel market was unsuitable for prospective regulatory action and that, by converting potential monopolies into potential cartels, ICANN's action may even have made the competition risk worse.     

民主政治对建设社会主义法治国家的作用

本文通过对社会主义法治国家基本特征的论述及实现法治途径的比较分析,提出了我国应选择推行型法治途径,并在此基础上阐释了民主政治对社会主义法治国家形成的作用。     

宪政:依法治国的核心

依法治国并不必然实现法治国家 ,必须对其予以限定。宪法的限制是第一层次的限定 ,宪政是第二层次的限定。宪政是依法治国的核心 ,实行宪政是实现法治国家的保证。实行宪政必须对权力进行三个层次的制约 ,即规范制约、权力制约和权利制约 ,进而要求有高度权威的宪法 ,实行政府权力分立和大力发展市场经济