Amidst calls for mental health reform and a sense of urgency stemming from the tragic events at Virginia Tech, the 2008 session of the Virginia General Assembly convened. The legislative reaction was overwhelming: Legislators introduced a vast array of bills relating to mental health. By the end of the session, the General Assembly enacted the most sweeping revisions to Virginia's mental health laws since the 1970s.
Amidst calls for mental health reform and a sense of urgency stemming from the tragic events at Virginia Tech, the 2008 session of the Virginia General Assembly convened. The legislative reaction was overwhelming: Legislators introduced a vast array of bills relating to mental health. By the end of the session, the General Assembly enacted the most sweeping revisions to Virginia's mental health laws since the 1970s.
When I wrote in 1979, it was easy to summarize the state of Chinese legal institutions because they were so sparse. Although a judicial system had been created on the Soviet model in the 1950s, it had been politicized by the end of that decade after a brief period of liberalization, and then further wrecked by the Cultural Revolution. A new period of institution-building began in 1979; reconstruction of the courts began and the law schools, closed for a decade, reopened. Most fundamentally, the policies of the Chinese leadership seemed to promise, as I noted then, "attempts to conceptualize and articulate notions of law as an objective set of rules and standards to protect rights."' At the time, there was only promise; my article cited no legislation giving shape to new institutions, because none had yet appeared. The evidence of impending change seemed clear, promptingme to pose some questions about what might lie ahead in the future. My earlier speculations still seem timely today, and I have revisited them below in this article. I have surveyed Chinese law reform and the obstacles to further reform more extensively in a book, Bird in a Cage: Legal Reform in China After Mao, whose title I have borrowed and from which I have drawn for this article.
This study aims to analyze the model of holding village head elections between times with a case study in Reban Village, Reban District, Batang Regency. This study uses a qualitative method with a sociological juridical approach(Dawkins et al., 2019). The results of this study indicate that: 1). Inter-village head election procedures in Reban Village, Reban District, Batang Regency are in accordance with the mandate of Article 47 of Law Number 6 of 2014 concerning Villages. However, referring to Article 45 of Government Regulation No. 43 of 2014 there are stages of selection that are not yet in accordance with technical rules: a). The holding of the election exceeds the specified time limit. Limitations of technical guidelines become the main obstacle b). Funding for the election is still fully burdened to the candidates for village heads. 2). The mechanism for electing village heads over time through a voting model with a representative system. Voters who have the right to vote are every family head who lives in Reban Village, proven by a Family Card. Elections are democratic with a turnout of 94.9%.
The explosive growth of electronic commerce transactions in recent years has added fuel to efforts to harmonize international commercial law. Organizations such as the International Institute for the Unification of Private Law (UNIDROIT), the United Nations Commission on International Trade Law (UNCITRAL) and the Hague Conference on Private International Law are all participating in an emerging global debate concerning the changes that should be made to the form or substance of international commercial law to accommodate innovation in the technology of international trade. Many of the important legal issues raised by cross-border electronic commerce in the 1970s and 1980s have already been successfully addressed by law reform at the national level and by the work of international organizations undertaken in the 1990s. The scope of electronic commerce at that time was narrowly confined to electronic funds transfers or the exchange of data messages, and networked computer systems were massive, complex and highly secure systems. Reforms targeted at this type of electronic commerce included establishing new bodies of private law and government regulation to manage the financial risks created by electronic financial services, and the removal of barriers to the use of electronic media in commercial contracts and communications. But innovation in electronic commerce proceeds at breakneck pace, and it is unclear whether the commercial law reforms of the 1990s will be adequate to promote the rational and orderly development of global markets in the future. It is possible that changes now taking place in the electronic contracting technologies may significantly change the terms of this debate. This is because new, more powerful technologies now under development are intended to convert a considerable range of business customs and practice today performed by people into formal algorithms executed by computers. These technologies are being developed to take advantage of the great advances the Internet has made over ...
The Interdisciplinary Program in Law and Religion and the Comparative and International Law Institute co-sponsored a lecture titled, "Criminal Law Reform: Ethical and Legal Changes in Austrian Society." In light of the recent terrorist activities in the European Union, the Austrian government has focused on hate speech legislation and hate crimes. Dr. Christian Pilnacek, Director General for Criminal Matters in the Federal Ministry of Justice of the Republic of Austria discussed recent Austrian legislation that criminalized hate speech that has a likelilhood of inciting violence. Following Pilnacek's presentation, Dr. Wolfgang Brandstetter, Federal Minister of Justice of the Republic of Austria, discussed how the Austrian government is reforming the penal law system. A summary of the event is available here.
Children are critical to debates about drug law reform. For both advocates of liberalisation and, especially, defenders of prohibition, the protection of children is an important rhetorical device in pressing for, or resisting, change. However, the privileged position of minors within such discussions, or talk about drugs in general, has rarely been explored in any depth in either drug and alcohol studies or legal research. Drawing on scholarship on performativity, and particularly John Law's work on 'collateral realities', this article will consider how constructs such as childhood and drugs are 'produced' and '(re)made' in such discourses. Through analysis of legal measures, policy documents/statements submitted to the UN General Assembly Special Session on Drugs (UNGASS) in 2016, and scientific discussion, it will be argued that such 'realities' include the constitution of the child as the logical victim of drugs (and the natural beneficiary or casualty of reform), and the enactment of drugs as an inherent threat to children. It is suggested that drug policy research needs to pay attention to age as a social construct and cultural category, and that a critical awareness of the relevance of age in policy discourse is as necessary as, for example, race, class or gender. Moreover, attendance to the ontological politics of constructs such as 'childhood' and 'drugs' is important if law and policy measures are to account for young people's agency.
The purpose of this study is to explain and describe how the formulation policy of weekend detention in Indonesia's positive law and how the formulation policy of weekend detention in the Indonesian criminal law reform in the future (ius constituendum). This research uses normative juridical method of research which is legal research conducted by examining the library material in the form of secondary data such as law or library material as well as other documents that support and data retrieval technique used is library research techniques and analysis of data used is interactive analysis model. The results showed that (1) criminal formulation policy the weekend detention in Indonesia's positive law of the arrangement in the correctional Institution is not regulated about the policy of weekend detention. However, in Indonesian positive law formulation has an assimilation program which is one of the programs in the actual criminal implementation almost resembles a weekend detention system. (2) The policy formulation of the weekend detention in the renewal of Indonesian criminal law (penal policy) can be done by the study of the law comparative countries such as France, Portugal, Vanuatu, Queensland and New South Wales that have implemented a relatively advanced prison system that is the weekend detention. The formulation of weekend detention that is expected to be valid in Indonesia in the future is to develop it firmly in the draft Penal code and paste it in article 65 the Draft Penal code or if the government is about to arrange codification in the law of criminal implementation, the weekend detention is entered in one of the types of criminal sanctions.
The WSP was pleased to partner on this publication with the Environmental Law Centre (ELC). The WSP contributed background material on water law reform and sustainability priorities, including a chapter that Oliver M. Brandes co-authored with Calvin Sandborn (Legal Director, ELC and editor of Maintaining Natural BC) on the need to reinvent rainwater management in the province. The ELC receives project support from the Law Foundation of BC and core operation support from the Tula Foundation. This book was also supported by the West Coast Environmental Law, Ecojustice and Environment at the Edge. ; Maintaining Natural BC for Our Children: Selected Law Reform Proposals is a series of 35 short (3-5 page) articles that describe important environmental law reforms that the next B.C. provincial government should consider. The book is divided into 8 sections, which are titled as follows—Section A: Planning and Environmental Assessment, Section B: Regulating Industries, Section C: Protecting Wildlife & Water, Section D: The Urban Environment, Section E: Pollution, Section F: Climate Change and Energy, Section G: Ensuring Justice for Nature, and Section H: Key Structural Changes. ; The Environmental Law Centre (ELC) receives project support from the Law Foundation of BC and core operation support from the Tula Foundation. This book was also supported by the West Coast Environmental Law, Ecojustice, Environment at the Edge, and the POLIS Project on Ecological Governance. ; Faculty ; Reviewed
Most of the current debate over academic neutrality has centered on whether the university as an institution--the faculty and students as a corporate body--should take formal positions on political issues, such as the war in Vietnam. This article will address the related, but perhaps more mundane, question whether law professors should take a more active role in providing legal services to government and to the public when this activity might provoke attacks on academic freedom. Traditionally, law professors who have sought to serve society in ways other than educating lawyers have engaged in the following five extramural activities:' (1) The production of scholarly writings that are published in the form of horn books and other treatises, monographs on specialized topics, articles in law reviews, and casebooks; (2) Legal aid to the poor; (3) The continuing legal education of the bar; (4) Research and consultation services provided on request to other lawyers and to government agencies on especially difficult legal questions,usually for remuneration. Occasionally, however, law professors have offered their services gratis to organizations or private clients in important test cases, or as amici curiae; and (5) A variety of tasks too multifarious to catalogue associated with the improvement of legal education. This article will examine how this traditional conception of a law school's extramural roles has resulted in two very important needs of American society going virtually unmet, and what can be done to remedy this neglect. The thesis of this article is that law professors, by limiting themselves to these activities, have failed to help government devise rational laws and have neglected to educate the public on the importance of the law in their daily lives. The article examines two ways that law professors could help American society meet these current needs. It concludes with an evaluation of whether these proposed activities would signal a departure from the principle of academic neutrality and therefore ...
Private non-enterprise institutions (PNIs, minban feiqiye danwei 民辦非企業單位 or minfei 民非), one of the three types of nonprofit organizations in China, mainly exist in a wide range of human service fields, e.g. education, health-care, and social welfare. Thus, PNIs are addressed as nonprofit human service organizations in this study. Despite their relatively short history, PNIs have grown dramatically in size and influence since the late 1990s. Today they constitute an integral and increasingly important part of the charitable sector in China. However, to date research into the legal and regulatory framework for PNIs has been limited. This study examines the legal and regulatory framework for PNIs in the broader context of China's ongoing charity law reform. In the wake of charity scandals in 2011, the past few years have seen a new wave of charity law reform in China, characterized by an accelerated process of drafting the long-awaited Charity Law. This vital piece of legislation is likely to bring the charitable sector of the country to a new stage of development where a more supportive legal environment can enable further development of this sector on the one hand, and more vigorous and effective oversight can restore public trust and confidence on the other. For charity law reform in China to succeed, a richer and deeper understanding is needed of the legal and regulatory framework for PNIs. This study presents a theoretical framework for the study of nonprofit human service organizations that is built on an integration of demand-side and supply-side theories, and uses it to examine the development of PNIs in post-1978 China. In particular, relying primarily on data analysis, this study reveals that the supply of nonprofit production of human services in China is still unable to meet the growing demand. Given this, PNIs are unlikely to have a comparative advantage over public agencies and private for-profit producers. This demand-supply mismatch, as this study makes clear, is due largely to the uncertainty surrounding the legal status of PNIs. In view of the extraordinary challenges facing the development of PNIs, this study explores some suggested directions toward improving the legal and regulatory framework for PNIs against the backdrop of charity law reform in China. First, based on a comparative analysis of civil law and common law approaches to recognizing nonprofit organizations, as well as case studies, this study highlights the need to clarify and recognize the nonprofit and charitable status as well as tax-exempt status of PNIs, and investigates the present state and future development of relevant issues. Second, this study looks closely at the means by which greater accountability and transparency of PNIs can be achieved, aiming to prevent abuse of this legal status. Bearing in mind the regulatory challenges posed by the emergence of multiple-entity groups (or "social enterprise groups") in the third sector in China, this study analyzes and proposes regulatory oversight mechanisms that should be put in place as charity law reform goes forward. ; published_or_final_version ; Law ; Master ; Doctor of Legal Studies
End of life law and policy reform is the subject of much discussion around the world. This paper explores the pathways to permissive legal regimes that have been tried in various common law jurisdictions. These include legislation, prosecutorial charging guidelines, court challenges, jury nullification, the exercise of prosecutorial discretion in the absence of offence-specific charging guidelines, and the exercise of judicial discretion in sentencing. In this paper, I describe these pathways as taken (or attempted) in five common law jurisdictions (USA, UK, Australia, New Zealand, and Canada) and reflect briefly on lessons that can be drawn from the recent experiences with law reform in Canada. Through its bird's eye view, it highlights the remarkable number and variable nature of past attempts at law reform and suggests a shifting tide. It debunks some common myths that have either limited or stymied reform in the past. Finally, it illuminates jurisdictional similarities and differences and lessons learned by those who have gone before so as to inform choices about pathways to pursue for those who will seek to advance a law reform agenda in the future.
Testimony issued by the General Accounting Office with an abstract that begins "This testimony describes China's development of rule of law practices related to the commitments China made to the World Trade Organization (WTO), which it joined in November 2001. When China joined the WTO, it agreed that its legal measures would be consistent with its WTO obligations. GAO found 60 commitments that specifically obligate China to enact, repeal, or modify trade-related laws or regulations. In addition, China has made a substantial number of other WTO commitments related to the rule of law in transparency, judicial review, uniform enforcement of laws, and nondiscriminatory treatment. Chinese government officials described how their efforts for reform go beyond China's WTO commitments and include broad reforms of laws and regulations at the national and provincial levels, as well as reforms of judicial and administrative procedures. However, Chinese officials acknowledged the challenges they face in completing the necessary reforms and identified the need for outside training assistance. According to GAO's survey, U.S. businesses in China consider rule of law-related WTO commitments to be important, especially the consistent application of laws, regulations, and practices in China, and enforcement of intellectual property rights. However, a majority of businesses answering the survey anticipated that these rule of law commitments would be difficult for the Chinese to implement, and they identified some concerns over specific implementation issues."
"March 1989"--Cover. ; Shipping list no.: 89-244-P. ; Spine title: Report of the President's Commission on Federal Ethics Law Reform. ; Cover title: To serve with honor: report of the President's Commission on Federal Ethics Law Reform. ; Bibliography : p. 139-141. ; Mode of access: Internet.