This paper contains the chapters on public enforcement of law and on criminal law from a general, forthcoming book, Foundations of Economic Analysis of Lany(Harvard University Press, 2003 ). By public law enforcement is meant the use of public law enforcement agents
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The financial privacy law passed by Congress in 1999 has been the target of scathing criticism. On one side, banks and other financial institutions have complained about the high costs of the billions of notices sent to consumers, apparently to widespread consumer indifference. On the other side, privacy
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Customary international law is an enigma It is produced by the decentralized actions of states, and it generally lacks centralized enforcement mechanisms. Political science realists and some rationalist legal scholars argue that customary international law cannot affect state behavior: that it is\epiphenomenal.\ This article develops a model of an n-player prisoner's dilemma in the customary international law context that shows that it is plausible that states would comply with customary international law under certain
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COMPARATIVE LAW WITHOUT LEAVING HOME: WHAT CIVIL PROCEDURE CAN TEACH CRIMINAL PROCEDURE, AND VICE VERSA David A. Sklansky Stephen C. Yeazell' This is a plea for comparative work in civil and criminal procedure. We do not argue here that American civil and criminal procedure should be counterpoised more
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present discussion it is useful to distinguish among four crime different general approaches(three of which seek to reduce principally through the operations of the law enforcement criminal motivation), which are distinguished by their own and criminal justice systems. These \formal\ systems of set of objectives and techniques. These four approaches to rime pr enti control serve the dual purpose of deterring law-breaking crime prevention are:
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1. Introduction This section discusses the legal protection of information and the security issues of computer data and electronic information systems and is organised into four parts: First, it focuses briefly on the basic conceptual distinction between information and data, providing a basis of understanding of the primary object of legal and technical means of protection. Second, access to Government information will be discussed
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We might distinguish between two types of constitutional re- gimes, one codifying, the other transformative. A codifying consti- tutional regime aims at preserving something essential from the then- current constitutional or legal culture to protect it against change in the future; a transformative constitutional regime aims at changing g something essential in the then-current constitutional or legal cul- ture to make it different in the future. The picture of the codifying
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The foundational White Paper\Copyright and Digital Media in a Post-Napster World, by the Berkman Center for Internet Society and GartnerG2, explores a variety of issues surrounding the current digital media ecosystem. The White Paper examines
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译者序 1804年公布的《法国民法典》,也称《拿破仑法典》,是 1789年法国资产阶级大革命的产物。它是资产阶级国家最早 的一部民法典;经过一些修正后,它现在仍然施行于法国 法国在大革命后之所以亟欲制定民法典,是由于两个主 要的原因。第一,在此以前,法国的民法是不统一的,因而 它需要一部统一的民法典。第二,革命既已成功,必须除旧 布新,即通过成文法的制定来巩固资产阶级革命的胜利,并 为资本主义的发展在法律上奠定基础 (一)统一的民法典的需要 在法国大革命以前,尽管法国在政治上已经统一了很久, 在法律上却是很不统一的
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Following the September 1 l terrorist attacks on New York and Wash ington, Congress rushed into action and quickly passed antiterrorism legis lation known as the USA Patriot Act. The Patriot Act has been widely understood as a\sweeping\ antiterrorism law that gave the government vast new powers to conduct electronic surveillance over the Internet The Act's surveillance provisions proved so controversial that Congress added a sunset provision that will nullify several of its key provisions after
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