THE FEDERAL JUDICIARY, DISCRIMINATION, AND ACADEMIC PERSONNEL POLICY

During the Seventies more than 133 civil rights decisions regarding academic personnel practices were issued by the federal judiciary. Various statutes were utilized to test the validity of personnel record confidentiality, academic credentials in job selection, pension plans and salary systems, and contract renewal, promotion and tenure decisions. Generally academic institutions lost when they challenged the jurisdictional and procedural authority of the government, but won a substantial majority of cases where individual faculty attacked a personnel decision. Overall the most significant trend was the growing willingness of federal courts to require that academic personnel policies conform to broad principles of civil rights law. In the Eighties these principles may substantially alter traditional personnel policies in higher education.     

Law, Justice and the Idea of a World Security

This article examines the thesis that international law is evolving in ways that reflect the requirement of world justice rather than international order and that are appropriate to an emerging world society rather than the traditional society of states with which international law is normally associated. After considering arguments for and against this thesis, the article concludes that neither adequately describes the nature of international society at the end of the millennium.     

OLS ESTIMATION AND THE t TEST REVISITED IN RANK‐SIZE RULE REGRESSION*

ABSTRACT The rank‐size rule and Zipf's law for city sizes have been traditionally examined by means of OLS estimation and the t test. This paper studies the accurate and approximate properties of the OLS estimator and obtains the distribution of the t statistic under the assumption of Zipf's law (i.e., Pareto distribution). Indeed, we show that the t statistic explodes asymptotically even under the null, indicating that a mechanical application of the t test yields a serious type I error. To overcome this problem, critical regions of the t test are constructed to test the Zipf's law. Using these corrected critical regions, we can conclude that our results are in favor of the Zipf's law for many more countries than in the previous researches such as Rosen and Resnick (1980) or Soo (2005) . By using the same database as that used in Soo (2005) , we demonstrate that the Zipf law is rejected for only one of 24 countries under our test whereas it is rejected for 23 of 24 countries under the usual t test. We also propose a more efficient estimation procedure and provide empirical applications of the theory for some countries.     

Women,Fascism and Work in Francoist Spain: The Law for Political,Professional and Labour Rights

The Sección Femenina (or SF, 1934–77), the female branch of the Spanish fascistic party, the Falange, created and successfully lobbied for the Law for Political, Professional and Labour Rights for Women (Ley de Derechos Políticos, Profesionales, y de Trabajo de la Mujer) in 1961. The law responded to and recognised the shifting world of women's work during the final years of the Franco regime (1939–75) and established the SF as an advocate for their labour rights. The new legislation simultaneously promoted employment opportunities for Spanish women and reinforced their traditional restrictions. This article explores this significant legal achievement for women's rights during the 1960s, discussing its meaning for the Franco dictatorship and for the female organisation that ushered in the new legislation. Ultimately, I argue that the law was a significant step for the advancement of women's rights and continued the piecemeal process of reform led by the SF. But it reinforced the group's paradoxical image as an organisation with fascist roots pushing (albeit in the workplace only) for reform.     

藏族传统生态文明与藏族聚居区的生态法治建设

我国藏族聚居区生态环境的特殊性导致了其生态法治不仅需要先进的立法技术支持,更需要发掘藏族传统生态文明的"本土资源",尤其是藏族传统生态文明中所蕴含的生态规律等理性因素,这对解决当代藏族聚居区生态法治中的"高原反应"与内在伦理支持的缺失有着重要的现实意义。只有形成藏族聚居区传统生态文明与生态法治建设的深层脉动,才能真正解决其生态法治问题的"病源",构建具有藏族聚居区特色的生态法治,进而维护藏族聚居区的生态安全。     

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。     

MAORI HEALERS IN NEW ZEALAND: THE TOHUNGA SUPPRESSION ACT 1907

This article discusses the role of traditional Maori healers (tohunga) and analyses an attempt by the New Zealand Government to suppress them by the enactment of legislation. As with colonial governments elsewhere this attempt to suppress indigenous practices by resort to law failed both to modify native beliefs and to prevent the people from consulting traditional healers.     

Legal Geographies of Intellectual Property, ‘Traditional’ Knowledge and Biodiversity: Experiencing Conventions,Laws, Customary Law,and Karma in Thailand

This article explores the existence of customary laws relating to ‘traditional’ knowledge of plants in Thailand through micro‐ethnographic case studies. This is juxtaposed against global and national frameworks of intellectual property laws that have a privatising effect on knowledge under the rubric of discovery or ‘invention’, as well as liability rights approaches of compensation and benefit‐sharing for research access. By understanding scale and legal jurisdiction as socially and politically constructed phenomena, we explore how laws at different scales and in different jurisdictions may override each other, discriminate against foreign laws and practices, and ignore customary laws. In doing so, the paper presents complex legal geographies of plants and associated knowledge, which suggest that the customary laws and norms of Indigenous groups and traditional healers are often ignored by ‘outsiders’. The paper notes that the possibility of ‘injury’ to traditional healers remains considerable without appropriate consent and given the discriminations surrounding knowledge made by patent laws. However, the ethnographies also point to the possibility of local remedies to these injuries through ritual processes, and we note resistant co‐constitutions of law and scale through the Nagoya Protocol.     

试析中国传统法律刑事化之成因——从中西法律文化比较之角度切入

通过探寻古代中西法律制度不同的文化背景,揭示中国传统法律刑事化的深层文化原因,指出各文明选择的应是适合自己价值取舍的制度,而无优劣之分。     

Employment Densities, Spatial Autocorrelation, and Subcenters in Large Metropolitan Areas

Employment density functions are estimated for 62 large metropolitan areas. Estimated gradients are statistically significant for distance from the nearest subcenter as well as for distance from the traditional central business district. Lagrange Multiplier (LM) tests imply significant spatial autocorrelation under highly restrictive ordinary least squares (OLS) specifications. The LM test statistics fall dramatically when the models are estimated using flexible parametric and nonparametric methods. The results serve as a warning that functional form misspecification causes spatial autocorrelation.     

Thailand’s Traditional Trinity and the Rule of Law: Can They Coexist?

Abstract

Thailand has seen considerable progress in the rule of law since the seminal 1997 constitution. Yet persistent political instability suggests that as yet the country does not think of the rule of law as binding. What is likely to happen in Thailand with the rule of law, and with governance generally? The argument advanced here is that rule of law principles must contend with the realisation that the traditional Thai trinity – nation, religion and king – has become an inviolable state ideology. Political actors, often aligned with the monarchy, have been using each element of the trinity to undermine both rule of law principles and democratic institutions. Now that long-serving monarch King Bhumibol (Rama IX) has been succeeded by his son King Varijalongkorn, it seems an appropriate time to examine current battles about the meaning of the rule of law and broader struggles for control between elites and popular groups based on competing visions for the state – a problem not only in Thailand but in the region as a whole.     

对我国不动产善意取得制度研究的再思考

善意取得制度,是近代以来大陆法系与英美法系民法的一项重要法律制度,其内容涉及民法财产所有权静的安全与动的财产交易安全保护问题。传统民法理论认为该制度的适用范围仅以动产为限,本文对此持不同观点,认为不动产也可适用善意取得制度。     

LEASE DEFAULTS AND THE EFFICIENT MITIGATION OF DAMAGES*

ABSTRACT The traditional law of leases imposed no duty on landlords to mitigate damages in the event of tenant breach, whereas the modern law of leases does. An economic model of leases, in which absentee tenants may or may not intend to breach, shows that the traditional rule promotes tenant investment in the property by discouraging landlord entry. In contrast, the modern rule prevents the property from being left idle by encouraging landlords to enter and re‐let abandoned property. The model reflects the historic use of the traditional rule for agricultural leases, where absentee use was valuable, and the emergence of the modern rule for residential leases, where the primary use entails continuous occupation.     

实现地方经济立法科学化民主化规范化的文化障碍与路径选择

实现地方经济立法科学化、民主化与规范化,是保障地方经济立法质量、确保地方经济立法合法性、维护法制统一与立足地方实际的客观要求。传统的文化和立法观念阻碍地方经济立法质量的提高。对此,应当采取有针对性的措施。即树立科学的立法观念,加强地方经济立法的预测与调研;彰显公民本位理念,扩大地方经济立法过程中的公民参与;摈弃传统保守立法观,规范地方经济立法的文本语言。     

David J. Starkey,Chris Reid and Neil Ashcroft: England's Sea Fisheries. The Commercial Sea Fisheries of England and Wales since 1300. Chatham Publishing,London 2000, 272 pages

Abstract

This article explores the management practice of protection notices, fredlysning, in the traditional practice of eider down harvesting in Northern Norway. Previously, private initiatives were legitimate for protecting land and resources from public utilization, while today only the state authorities have this privilege. By juxtaposing empirical material from current eider down harvesting activities with childhood memories of growing up in this area during the 1960s, and available legal documents, the author finds that some quite radical changes have tacitly taken place, indicating rather tense dilemmas concerning local perceptions of land use issues. Analytically, Olwig's distinction between customary and natural law is used as a tool for addressing the political dimensions of the landscape concept historically. In this perspective, fredlysning fluctuates in and out of codified law through the centuries, and under growing impact of natural law rationale. Land issues, both concerning property rights and public access and use of the common resources of the outlying fields, utmarksressurser, are here understood as very powerful means to bind the people to the land, as a way of transforming the legitimate scale of polity, of building bonds to the nation.     

从法律制度追寻社会法治

法律作为一种具有国家强制力的调整社会关系的手段,有自己的调整领域。法制有可能偏向惩罚,讲法制就意味着强化对违法行为的惩罚和追究。但这不能涵盖法律的全部特征和作用。法治是一种理性的办事原则,侧重于法律的遵守和执行,与传统的强调法律的执行不同,其基本原则是要求所有人都依法而行,没有人在法律之上,没有人能随意突破法律。同时还意味着社会活动的形式正当原则,使不同的人遵循共同的行为规则与程序。     

Airborne LiDAR,archaeology, and the ancient Maya landscape at Caracol,Belize

Advances in remote sensing and space-based imaging have led to an increased understanding of past settlements and landscape use, but – until now – the images in tropical regions have not been detailed enough to provide datasets that permitted the computation of digital elevation models for heavily forested and hilly terrain. The application of airborne LiDAR (light detection and ranging) remote sensing provides a detailed raster image that mimics a 3-D view (technically, it is 2.5-D) of a 200 sq km area covering the settlement of Caracol, a long-term occupied (600 BC-A.D. 250–900) Maya archaeological site in Belize, literally “seeing” though gaps in the rainforest canopy. Penetrating the encompassing jungle, LiDAR-derived images accurately portray not only the topography of the landscape, but also, structures, causeways, and agricultural terraces – even those with relatively low relief of 5–30 cm. These data demonstrate the ability of the ancient Maya to modify, radically, their landscape in order to create a sustainable urban environment. Given the time and intensive effort involved in producing traditional large-scale maps, swath mapping LiDAR is a powerful cost-efficient tool to analyze past settlement and landscape modifications in tropical regions as it covers large study areas in a relatively short time. The use of LiDAR technology, as illustrated here, will ultimately replace traditional settlement mapping in tropical rainforest environments, such as the Maya region, although ground verification will continue to be necessary to test its efficacy.     

Gender,Traditional Authority,and the Politics of Rural Reform in South Africa

The new South African Constitution, together with later policies and legislation, affirm a commitment to gender rights that is incompatible with the formal recognition afforded to unelected traditional authorities. This contradiction is particularly evident in the case of land reform in many rural areas, where women’s right of access to land is denied through the practice of customary law. This article illustrates the ways in which these constitutional contradictions play out with particular intensity in the ‘former homelands’ through the example of a conflict over land use in Buffelspruit, Mpumalanga province. There, a number of women who had been granted informal access to communal land for the purposes of subsistence cultivation had their rights revoked by the traditional authority. Despite desperate protests, they continue to be marginalized in terms of access to land, while their male counterparts appropriate communal land for commercial farming and cattle grazing. Drawing on this protest, we argue that current South African practice in relation to the pressing issue of gender equity in land reform represents a politics of accommodation and evasion that tends to reinforce gender biases in rural development, and in so doing, undermines the prospects for genuinely radical transformation of the instituted geographies and institutionalized practices bequeathed by the apartheid regime.     

Does the Law and the Constitution of the Family Have to Change?

The law and constitution of the family has been targeted for transformation in recent years, leading most notably to the Supreme Court's decision in Obergefell v. Hodges, mandating same-sex marriage as a matter of constitutional law. In this essay I undertake a thought experiment, asking how advocates of traditional marriage ought to want the law of marriage to change in light of this development. I begin by reviewing the argument for legal change sketched by Aquinas and then applying it to developments concerning marriage in modern America. Next I sketch the natural-law argument on behalf of traditional marriage. Finally, I turn to the case of Michael H. v. Gerald D., in which the Supreme Court upheld a statutory reiteration of the common-law presumption that the husband of the mother is the father of her child, against a challenge from the biological father, suggesting that this case, long admired by conservatives, needs to be reconsidered—and that the dissent in the recent Indian Adoption Case recognizing a constitutional right of biological parents might prove useful to the restoration of marriage law.     

Eric Voegelin and the Natural Law Tradition

Eric Voegelin’s criticism of Hans Kelsen’s legal positivism places him closer to the natural law tradition than to other legal traditions. This proximity could be interpreted as a defense of the contemporary relevance, or as an attempt to revive the natural law tradition in the twentieth century. However, Voegelin always avoids using the traditional terminology of natural law in his mature works, and expresses a certain ambiguity regarding its contemporary revival. To understand this problem, this article investigates the evolution of Voegelin's understanding of natural law and his criticism of different natural law traditions from Cicero to John Locke, especially his positive evaluation of Aristotle’s and Thomas Aquinas’s interpretations. Furthermore, it seeks to illuminate his position on the contemporary relevance of this topic, as well as to assess some of the recent interpretations that consider Voegelin as a natural law thinker.