Before Marbury: Hylton v. United States and the Origins of Judicial Review

Marbury v. Madison, decided in 1803, is famous for being the first case in which the Supreme Court asserted its power of judicial review. The typical American history textbook includes at least a few lines about how the Court, under the "Great Chief Justice," John Marshall, struck down part of the Judiciary Act of 1789 and claimed its authority to stand as the ultimate guardian of the Constitution.     

新政以来美国行政法的发展与司法审查的新领域

美国法院在19世纪末和20世纪初曾对政府经济立法采取司法能动主义态度,但在新政期间转向了司法克制主义,从而为新政和战后美国政府加强经济干预开了绿灯.值得我们     

The United States and the Final Years of White Rule in Zimbabwe

Books reviewed in this article:
Gerald Horne, From the Barrel of a Gem: The United States and the War against Zimbabwe 1965–1980
Andrew DeRoche, Black, White, and Chrome: The United States and Zimbabwe, 1953–1998     

Preserving Law and Order: Britain, the United States, and the East German Uprising of 1953

Feverishly the strikers watched for signs of intervention bythe American and British occupation forces. It was beyond theircomprehension . . . that the nations of the free world withwhom they felt themselves allied, should stand idly by whilethe Soviet Union crushed the rising with its war machine. Insome places rumour had it that American tanks had crossed thezonal border, that American aircraft were to drop weapons.¹     

Trade and culture: the United States

ABSTRACT

The US government has long held that cultural goods and services represent an economic sector like any other and should be liberalized. The American cultural and digital industries enjoy a strong competitive advantage and constitute a leading export sector. This US stance has antagonized many countries pursuing cultural policies. This has led the US government to soften its trade strategy and accept financial measures, as well as a broader array of ‘traditional’ cultural regulatory instruments. At the same time, the United States insists on the absence of restrictions in digital networks, through which cultural contents are to be increasingly distributed and accessed. Under the negative-list negotiating approach, whereby everything is liberalized save for specific exceptions, states parties to US trade agreements have secured a varying array of measures. However, only a handful, essentially industrial countries, have secured digital exceptions, the latter coupled with conditions raising questions concerning their applicability.     

近十年来美英两国学术界冷战史研究述评

冷战主宰了20世纪后半期的国际政治。在后冷战时期,许多国家的学者利用新获得的档案资料来仔细考察和重新评估冷战史。自从冷战国际史项目于1991年在伍德罗.威尔逊国际学者中心建立以来,冷战国际史这一概念,已经被广为接受。根据相关英文文献,对过去十年美英两国冷战史研究新发展、新动向以及冷战史研究现状,做一总结归纳。主要涉及以下几个方面:美国的主要冷战研究中心、研究冷战的资料来源和新的研究方法、学者们关注的热点问题及最新研究成果的介绍、英国冷战研究概况等。     

传统法治文化对当前地方法治政府建设之启发

中国传统法治文化是中华几千年国家治理的智慧结晶,在不同历史时期具有不同的文化特点,也存在自诞生之初就无法克服的不足之处,如强调人治、维护宗法、重刑轻民等。但是,传统法治文化有很多值得我们吸收改进的有益之处,尤其在教民、治吏与息诉这三点上,对当前地方法治政府建设有着重要的借鉴意义。本文结合包括福建本地的一些法治实例,阐述传统法治文化的特点和不足,以"从严治吏"为重点,对如何更好的建设地方法治政府提出几点个人思考和建议。     

The Annihilation of Space by Law: The Roots and Implications of Anti-Homeless Laws in the United States

There is a link between changes in the contemporary political economy and the criminalization of homelessness. Anti-homeless legislation can be understood as an attempt to annihilate the spaces in which homeless people must live, and perform everyday functions. This annihilation is a response to the economic uncertainty produced by the current political economy. The process of criminalizing homelessness 1) destroys the very right of homeless people to be; and 2) reinforces particularly brutal notions of citizenship within the public sphere. Such laws are made possible when urban government and surrounding communities and elites seek to promote the urban landscape at the expense of urban public space. This usurpation of public space will have profound impact not only on homeless people but also on how the housed interact with each other.