Showing posts with label 阅读. Show all posts
Showing posts with label 阅读. Show all posts

Saturday, March 24, 2012

Overruling Precedent


[more: http://en.wikipedia.org/wiki/Common_law]

Wednesday, March 7, 2012

Work-Product Doctrine



[more: http://en.wikipedia.org/wiki/Work-product_doctrine]

Attorney–Client Privilege



[more: http://en.wikipedia.org/wiki/Attorney-client_privilege]

Tuesday, March 6, 2012

Plea Bargain


[more: http://en.wikipedia.org/wiki/Plea_bargain
   http://en.wikipedia.org/wiki/Plea_bargaining_in_the_United_States]

Grand Jury



[more: http://en.wikipedia.org/wiki/Grand_jury
   http://en.wikipedia.org/wiki/Grand_juries_in_the_United_States]

Monday, March 5, 2012

Museum of Communism

Victims of Communism Memorial Foundation
The Victims of Communism Memorial Foundation is a non-profit educational organization in the United States, established as a result of an Act of Congress in 1993 with the purpose to commemorate "the deaths of over 100,000,000 victims in an unprecedented imperial communist holocaust".[3] Its name is derived from the Victims of Communism Memorial in Washington, D.C.
[more: http://en.wikipedia.org/wiki/Global_Museum_on_Communism]

Museum of Communism, Czech Republic
The Museum of Communism in Czech Republic (Czech: Muzeum komunismu), located at Na Příkopě 10 in Prague, Czech Republic, is a museum dedicated to presenting an account of the post–World War II Communist regime in Czechoslovakia in general and Prague in particular. Situated above a McDonald's and next door to a casino just off Wenceslas Square, the Museum of Communism offers an immersive look at life behind the Iron Curtain. Genuine artifacts, informative text, and multimedia presentations keep alive the memory of what the Museum calls "Communism—the Dream, the Reality, and the Nightmare".

The Museum was founded by an American businessman, Prague bagel mogul Glenn Spicker.[1] Spicker, educated in political science at the University of Connecticut and Essex University, himself gathered much of the museum's collection of artifacts of the communist era at flea markets and junk shops in the Prague area. The Museum first opened its doors December 26, 2001, featuring exhibits created by its curator, Czech documentarian Jan Kaplan, and annotated by retired Charles University professor Čestmír Kráčmar.[2][3]
[more: http://en.wikipedia.org/wiki/Museum_of_Communism,_Czech_Republic]

Museum of Communism, Poland
The Museum of Communism is a museum focusing on the communist period of Polish history, located in the Palace of Culture and Science in Warsaw. The museum was founded in 1999 by Czeslaw Bielecki, Jacek Fedorowicz, and Andrzej Wajda, with the cooperation of Teresa Bogucka, Anna Fedorowicz, and Krystyna Zachwatowicz.[citation needed]
[more: http://en.wikipedia.org/wiki/Museum_of_Communism,_Poland]

Tuesday, February 28, 2012

Federal Reserve System

弗里德曼在《货币的麻烦》中有一句话:货币交给中央银行是一件非常严肃的事情。(Money is much too serious a matter to be left to central bankers. )这里有两层意思:第一,应该交给中央银行;第二,应该十分谨慎的授权。下面是英文维基对“联邦储备银行”的解释页面:FRB

Thursday, February 9, 2012

Encyclopaedia of Law

Halsbury's Laws of England is a uniquely comprehensive and authoritative encyclopaedia of law, and provides the only complete narrative statement of law in England and Wales.[1] It has an alphabetised title scheme covering all areas of law, drawing on authorities including Acts of the United Kingdom, Measures of the Welsh Assembly, UK case law and European law. It is written by or in consultation with experts in the relevant field.[1]
Halsbury's Laws has an annual and monthly updating service. The encyclopaedia and updates are available in both hard copy[2] and online.[3]
[more: http://en.wikipedia.org/wiki/Halsbury%27s_Laws_of_England
       http://www.lexisnexis.co.uk/HalsburysLaw/halsburys_laws_about.html]

=========================================================

Corpus Juris Secundum (C.J.S.) is an encyclopedia of U.S. law (see Secondary authority). Its full title is Corpus Juris Secundum: Complete Restatement Of The Entire American Law As Developed By All Reported Cases (1936- ) It contains an alphabetical arrangement of legal topics as developed by U.S. federal and state cases.
[more: http://en.wikipedia.org/wiki/Corpus_Juris_Secundum]

=========================================================

In American jurisprudence, the Restatements of the Law are a set of treatises on legal subjects that seek to inform judges and lawyers about general principles of common law. There have been three series of Restatements to date, all published by the American Law Institute, an organization of legal academics and practitioners founded in 1923.
[more: http://en.wikipedia.org/wiki/Restatements_of_the_Law
       http://en.wikipedia.org/wiki/American_Law_Institute]

Thursday, February 2, 2012

Notes of Debates in the Federal Convention of 1787

Notes of Debates in the Federal Convention of 1787 was James Madison's record of the daily debates held by delegates at the Philadelphia Convention, which resulted in the drafting of the current United States Constitution. Madison's journal describing what delegates said remains valuable to historians, as it is one of historians' few sources of information on the proceedings in Independence Hall during the summer of 1787 (which despite the summer heat, had its windows shut so that those outside could not hear what was being said; delegates were forbidden to leak the proceedings to the public).
Madison, a delegate from Virginia and future President of the United States, who due to his role in creating the Virginia Plan became known as the "Father of the Constitution", purposely sat up front, stating in the preface to his notes that "in pursuance of the task I had assumed I chose a seat in front of the presiding member, with the other members on my right & left hands. In this favorable position for hearing all that passed, I noted in terms legible & in abbreviations & marks intelligible to myself what was read from the Chair or spoken by the members; and losing not a moment unnecessarily between the adjournment & reassembling of the Convention I was enabled to write out my daily notes..."
Madison also avoided any long absences from the meetings, so as not to miss what was said: "It happened, also that I was not absent a single day, nor more than a cassual fraction of an hour in any day, so that I could not have lost a single speech, unless a very short one."
[http://en.wikipedia.org/wiki/Notes_of_Debates_in_the_Federal_Convention_of_1787]
Text at Yale University

Wednesday, February 1, 2012

James Madison

James Madison, Jr. (March 16, 1751 (O.S. March 5) – June 28, 1836) was an American statesman and political theorist. He is hailed as the “Father of the Constitution” for being instrumental in the drafting of the United States Constitution and as the key champion and author of the United States Bill of Rights.[1] He was the fourth President of the United States (1809–1817). Like other Virginia statesmen, he inherited tobacco land and owned slaves to work it; he served as a career politician all his adult life.
After the constitution had been drafted, Madison became one of the leaders in the movement to ratify it. His collaboration with Alexander Hamilton and John Jay produced the Federalist Papers (1788). Circulated only in New York at the time, they would later be considered among the most famous polemics in support of the Constitution. He was also a delegate to the Virginia constitutional ratifying convention, and was instrumental to the successful ratification effort in Virginia. Like most of his contemporaries, Madison changed his political views during his life. During the drafting and ratification of the constitution, he favored a strong national government, though later he grew to favor stronger state governments, before settling between the two extremes late in his life.
In 1789, Madison became a leader in the new House of Representatives, drafting many basic laws. He is notable for drafting the first ten amendments to the Constitution, and thus is known as the "Father of the Bill of Rights".[2] Madison worked closely with President George Washington to organize the new federal government. Breaking with Hamilton and what became the Federalist party in 1791, Madison and Thomas Jefferson organized what they called the Republican Party (later called by historians the Democratic-Republican Party)[3] in opposition to key policies of the Federalists, especially the national bank and the Jay Treaty. He co-authored, along with Thomas Jefferson, the Kentucky and Virginia Resolutions in 1798 to protest the Alien and Sedition Acts.
As Jefferson’s Secretary of State (1801–1809), Madison supervised the Louisiana Purchase, doubling the nation’s size. After his election to the presidency, he presided over renewed prosperity for several years. As president (1809–17), after the failure of diplomatic protests and an embargo, he led the nation into the War of 1812. The war was in response to British encroachments on American honor and rights as well as to facilitate American settlement in the Midwest which was blocked by Indian allies of the British. The war was an administrative nightmare as the United States had neither a strong army nor financial system; as a result, Madison afterward supported a stronger national government and a strong military, as well as the national bank, which he had long opposed.

[more: http://en.wikipedia.org/wiki/James_Madison]

Federalist Papers

The Federalist Papers are a series of 85 articles or essays promoting the ratification of the United States Constitution written by James Madison, Alexander Hamilton, and John Jay. Seventy-seven of the essays were published serially in The Independent Journal and The New York Packet between October 1787 and August 1788. A compilation of these and eight others, called The Federalist; or, The New Constitution, was published in two volumes in 1788 by J. and A. McLean....
At the time of publication, the authorship of the articles was a closely guarded secret, though astute observers guessed that Alexander Hamilton, James Madison, and John Jay were the likely authors. Following Hamilton's death in 1804, a list that he drew up became public; it claimed fully two-thirds of the essays for Hamilton, including some that seemed more likely the work of Madison (Nos. 49-58, 62, and 63). The scholarly detective work of Douglass Adair in 1944 postulated the following assignments of authorship, corroborated in 1964 by a computer analysis of the text:
  • Alexander Hamilton (51 articles: nos. 1, 6–9, 11–13, 15–17, 21–36, 59–61, and 65–85)
  • James Madison (26 articles: nos. 10, 14, 37–58 and 62–63)
  • John Jay (5 articles: 2–5 and 64).
  • Nos. 18–20 were the result of a collaboration between Madison and Hamilton.

[more: http://en.wikipedia.org/wiki/Federalist_papers]

Monday, January 16, 2012

西方哲学的分类

After the philosophy of Immanuel Kant, German idealism dominated philosophical thought from the early to mid 19th century in Continental Europe and the 19th century philosophical climate turned towards the thought of philosophers like Fichte, Schelling, and Hegel. In the mid to late 19th century in Britain, philosophy was increasingly Hegelian in practice. British idealism, as taught by philosophers like F.H. Bradley and Thomas Hill Green was an extension of the German idealist mode of thought. It is this intellectual climate, that fathers of analytic philosophy, G. E. Moore and Bertrand Russell, rebelled against the British idealist thought and formed analytic philosophy and split philosophy into continental (or German-French) and analytic (or Anglo-American) thought.
[more:http://en.wikipedia.org/wiki/Analytic_Philosophy]

Wednesday, December 28, 2011

Bolshevik Revolution

By VOA Special English

...That event changed the war...and the history of the Twentieth Century. It was the Bolshevik Revolution in Russia. Its leader was Vladimir Lenin.

The Russian Revolution began in the spring of nineteen seventeen. The people of that country were tired of fighting Germany. And they were tired of their ruler, Czar Nicholas. The Czar was overthrown. A temporary government was established. It was headed by Alexander Kerenski.

President Woodrow Wilson sent a team of American officials to Russia to help Kerenski's new government. The officials urged Russia to remain in the war.

Under Kerenski, Russia did keep fighting. But it continued to suffer terrible losses. Many Russians demanded an end to the war.

Lenin saw this opposition as a way to gain control of the government. So he went to the city of Petrograd. There, he led the opposition to the war and to Kerenski. Night after night, he spoke to big crowds. "What do you get from war." He shouted. "Only wounds, hunger, and death!"

Lenin promised peace under Bolshevik Communism. Within a few months, he won control of the Petrograd Soviet. That was an organization of workers and soldiers. Another Bolshevik Communist, lLon Trotsky, controlled the Soviet in Moscow.

Kerenski's government continued to do badly in the war. More and more Russian soldiers lost hope. Many fled the army. Others stayed. But they refused to fight.

The end came in November, nineteen seventeen. Soldiers in Petrograd turned against Kerenski. Lenin ordered them to rebel. And he took control of the government within forty-eight hours. Russia was now a Communist nation.

As promised, Lenin called for peace. So Russia signed its own peace treaty with Germany. The treaty forced Russia to pay a high price for its part in the war. It had to give up a third of its farmland, half of its industry, and ninety percent of its coal mines. It also lost a third of its population. Still, it did not have real peace with Germany.

Friday, October 28, 2011

The "Higher Law" Background of American Constitutional Law

Edward Samuel Corwin (January 19, 1878 – April 23, 1963) was president of the American Political Science Association.

Biography

He was born in Plymouth, Michigan in 1878. He received his undergraduate degree from the University of Michigan in 1900; and his Ph.D. from the University of Pennsylvania in 1905. He was invited to join the faculty of Princeton University by Woodrow Wilson in 1905. In 1908 he was appointed the McCormick Professor of Jurisprudence. He authored many books on United States constitutional law, and he remained at Princeton until he retired in 1946. Corwin also served as president of the American Political Science Association. He died in 1963 and was buried in Princeton Cemetery. Corwin's political philosophies include the mystique of the "Bench and Bar", which gains its relevance from the enlightenment and John Locke.[1]
He has been often quoted for saying that the Constitution "is an invitation to struggle for the privilege of directing American foreign policy." This inspired the title of a 1992 book by Cecil Van Meter Crabb.

Bibliography

  • John Marshall and the Constitution; a chronicle of the Supreme court (1919)
  • The Constitution and What It Means Today (1920)
  • The President, Office and Powers (1940)
  • The Constitution and World Organization (1944)
  • Total War and the Constitution (1946)
  • The Constitution of the United States of America: Analysis and Interpretation (1952) (Editor)
  • The "Higher Law" Background of American Constitutional Law (1965)
[http://en.wikipedia.org/wiki/Edward_Samuel_Corwin]
======================================================================
I wish I could read this book someday.