{"title":"Mapping the Cosmopolitan Legal Imaginary: Recent Chinese Scholarship on Dispute Resolution","authors":"M. Erie","doi":"10.1093/ajcl/avac027","DOIUrl":"https://doi.org/10.1093/ajcl/avac027","url":null,"abstract":"","PeriodicalId":51579,"journal":{"name":"American Journal of Comparative Law","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2022-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44971081","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In recent decades German criminal procedure has developed a practice of confession bargaining, in which defense counsel negotiates with the trial judge for the defendant to confess the charged offense in exchange for a milder sentence than would result if the defendant were to contest the charge. The German practice resembles American plea bargaining in many respects. This Article probes the similarities and the differences between the two systems of negotiated criminal justice. The Article discusses the origins of the German practice, its tensions with historic principles of the procedure system, and the troubled efforts of the courts and the legislature to justify and to regulate the practice.
{"title":"The Turn to Confession Bargaining in German Criminal Procedure: Causes and Comparisons with American Plea Bargaining","authors":"John H. Langbein","doi":"10.1093/ajcl/avac025","DOIUrl":"https://doi.org/10.1093/ajcl/avac025","url":null,"abstract":"\u0000 In recent decades German criminal procedure has developed a practice of confession bargaining, in which defense counsel negotiates with the trial judge for the defendant to confess the charged offense in exchange for a milder sentence than would result if the defendant were to contest the charge. The German practice resembles American plea bargaining in many respects. This Article probes the similarities and the differences between the two systems of negotiated criminal justice. The Article discusses the origins of the German practice, its tensions with historic principles of the procedure system, and the troubled efforts of the courts and the legislature to justify and to regulate the practice.","PeriodicalId":51579,"journal":{"name":"American Journal of Comparative Law","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2022-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47679948","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Born in Ireland in 1879, W.P.M. Kennedy was a distinguished Canadian academic and the leading Canadian constitutional law scholar for much of the twentieth century. Despite his trailblazing career, Kennedy has been a largely mysterious figure. Now, weaving together a number of key events and drawing on Kennedy’s personal letters, Martin L. Friedland presents a lively biography of the man. Searching for W.P.M. Kennedy discusses Kennedy’s contributions as a legal and interdisciplinary scholar and his work at the University of Toronto, where he founded the Faculty of Law. The book also details Kennedy’s intriguing personal life, presenting stories about Kennedy’s family and important friends, such as Prime Minister Mackenzie King. Kennedy earned a reputation in some circles for being something of a scoundrel, and Friedland does not shy away from addressing Kennedy’s exaggerated involvement in drafting the Irish constitution, his relationships with female students, or his constant quest for recognition. Throughout the biography, Friedland interjects his own personal narratives surrounding his interactions with the Kennedy family, including how he came to acquire the private letters noted in the book. The result is a highly readable biography of an important figure in the history of Canadian intellectual life.
{"title":"Searching for W.P.M. Kennedy: The Biography of an Enigma","authors":"A. Dodek","doi":"10.1093/ajcl/avac026","DOIUrl":"https://doi.org/10.1093/ajcl/avac026","url":null,"abstract":"Born in Ireland in 1879, W.P.M. Kennedy was a distinguished Canadian academic and the leading Canadian constitutional law scholar for much of the twentieth century. Despite his trailblazing career, Kennedy has been a largely mysterious figure. Now, weaving together a number of key events and drawing on Kennedy’s personal letters, Martin L. Friedland presents a lively biography of the man. Searching for W.P.M. Kennedy discusses Kennedy’s contributions as a legal and interdisciplinary scholar and his work at the University of Toronto, where he founded the Faculty of Law. The book also details Kennedy’s intriguing personal life, presenting stories about Kennedy’s family and important friends, such as Prime Minister Mackenzie King. Kennedy earned a reputation in some circles for being something of a scoundrel, and Friedland does not shy away from addressing Kennedy’s exaggerated involvement in drafting the Irish constitution, his relationships with female students, or his constant quest for recognition. Throughout the biography, Friedland interjects his own personal narratives surrounding his interactions with the Kennedy family, including how he came to acquire the private letters noted in the book. The result is a highly readable biography of an important figure in the history of Canadian intellectual life.","PeriodicalId":51579,"journal":{"name":"American Journal of Comparative Law","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2022-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45830614","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The U.S. National Report on the Independence and Impartiality of International Adjudicators","authors":"Jarrod Wong","doi":"10.1093/ajcl/avac019","DOIUrl":"https://doi.org/10.1093/ajcl/avac019","url":null,"abstract":"","PeriodicalId":51579,"journal":{"name":"American Journal of Comparative Law","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2022-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41836401","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Cryptocurrencies: The Impossible Domestic Law Regime?","authors":"F. Emmert","doi":"10.1093/ajcl/avac022","DOIUrl":"https://doi.org/10.1093/ajcl/avac022","url":null,"abstract":"","PeriodicalId":51579,"journal":{"name":"American Journal of Comparative Law","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2022-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42158155","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Access to Civil Justice","authors":"Margaret Y. K. Woo, Connor Cox, S. Rosen","doi":"10.1093/ajcl/avac020","DOIUrl":"https://doi.org/10.1093/ajcl/avac020","url":null,"abstract":"","PeriodicalId":51579,"journal":{"name":"American Journal of Comparative Law","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2022-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42215218","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Rule of Law in the United States of America","authors":"M. Sellers","doi":"10.1093/ajcl/avac023","DOIUrl":"https://doi.org/10.1093/ajcl/avac023","url":null,"abstract":"","PeriodicalId":51579,"journal":{"name":"American Journal of Comparative Law","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2022-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46919275","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Climate Change Impact on Agrarian Law: Legal Aspects of Food Security in the United States","authors":"M. Grossman","doi":"10.1093/ajcl/avac014","DOIUrl":"https://doi.org/10.1093/ajcl/avac014","url":null,"abstract":"","PeriodicalId":51579,"journal":{"name":"American Journal of Comparative Law","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2022-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41750292","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Historically, in Australia the issue of abortion had not attracted the violent protests that are frequently part of the American political landscape. Nor had it featured prominently in parliamentary debates. This began to change in 2004 when the issue was put on the political agenda by a small but vocal group of conservative members of the Federal Parliament. It also emerged as an issue at the state government level between 2008 and 2019 with the decriminalization of abortion in four Australian states and one territory. These changes in turn, led to a response by opponents along three lines as follows: first, legal challenges to safe access zones around fertility clinics; second, the pursuit of legal recognition of fetal personhood in state parliaments; and third, ongoing attempts to prevent Medicare (public) funding of abortions in relation to the occurrence of sex-selection abortion. All three strategies have been influenced by, or are copies of, the actions of antiabortion activists in the United States. To date, none of these strategies have proven successful in Australia. Nonetheless, anti-abortion activists are resolute in their desire to overturn recent gains in decriminalising abortion law in Australia. While Australian developments are in conformity with global trends towards liberalization of abortion law, the recent overturning of Roe v. Wade by the Supreme Court of the United States and the restrictions introduced across various states in America, has emboldened opponents of abortion who hope to replicate similar bans and restrictions in Australia.
从历史上看，在澳大利亚，堕胎问题并没有引起暴力抗议，而暴力抗议经常是美国政治格局的一部分。它也没有在议会辩论中占据突出地位。这种情况在2004年开始发生变化，当时联邦议会中为数不多但直言不讳的保守派议员将这一问题提上了政治议程。在2008年至2019年期间，随着澳大利亚四个州和一个地区将堕胎合法化，堕胎也成为州政府层面的一个问题。这些变化反过来又引起了反对者的回应，主要有以下三点:首先，对生育诊所周围安全区域的法律挑战;第二，在州议会中寻求对胎儿人格的法律承认;第三，正在努力防止医疗保险(公共)资助与性别选择堕胎有关的堕胎。这三种策略都受到美国反堕胎活动人士行动的影响，或者都是他们的复制品。迄今为止，这些策略都没有在澳大利亚取得成功。尽管如此，反堕胎活动人士坚决希望推翻澳大利亚最近在堕胎合法化方面取得的进展。虽然澳大利亚的事态发展符合放宽堕胎法的全球趋势，但美国最高法院最近推翻了罗伊诉韦德案(Roe v. Wade)，以及美国各州出台的限制措施，使反对堕胎的人士更加大胆，他们希望在澳大利亚复制类似的禁令和限制。
{"title":"A Legal and Political Assessment of Challenges to Abortion Laws by Anti-choice Activists in Australia and the Progression of Abortion Law in Australia and the United States","authors":"A. O'Rourke","doi":"10.1093/ajcl/avac029","DOIUrl":"https://doi.org/10.1093/ajcl/avac029","url":null,"abstract":"\u0000 Historically, in Australia the issue of abortion had not attracted the violent protests that are frequently part of the American political landscape. Nor had it featured prominently in parliamentary debates. This began to change in 2004 when the issue was put on the political agenda by a small but vocal group of conservative members of the Federal Parliament. It also emerged as an issue at the state government level between 2008 and 2019 with the decriminalization of abortion in four Australian states and one territory. These changes in turn, led to a response by opponents along three lines as follows: first, legal challenges to safe access zones around fertility clinics; second, the pursuit of legal recognition of fetal personhood in state parliaments; and third, ongoing attempts to prevent Medicare (public) funding of abortions in relation to the occurrence of sex-selection abortion. All three strategies have been influenced by, or are copies of, the actions of antiabortion activists in the United States. To date, none of these strategies have proven successful in Australia. Nonetheless, anti-abortion activists are resolute in their desire to overturn recent gains in decriminalising abortion law in Australia. While Australian developments are in conformity with global trends towards liberalization of abortion law, the recent overturning of Roe v. Wade by the Supreme Court of the United States and the restrictions introduced across various states in America, has emboldened opponents of abortion who hope to replicate similar bans and restrictions in Australia.","PeriodicalId":51579,"journal":{"name":"American Journal of Comparative Law","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2022-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45303646","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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