This paper presents the dilemma of e-commence age that huge amount of computer –related litigation challenges the law of different countries on how to appropriately resolve these difficulties. Through this paper, the author tries to compare UCITA and EU with China’s approaches, seeks for guidance or inspiration for policymakers in China. The author seriously examines the conflicting interests a...

There has been considerable speculation about the potential impact of the Supreme Court of Canada's judgment in Chaoulli v. Quebec. Even if those who are most friendly--or most hostile--to Canadian medicare are exaggerating the impact of the decision, its impact will be large. While the decision does not strike down any existing single-payer medicare system in any province, including Quebec's s...

The open texture of law is one of the core content of the new analytical-positivist jurisprudence, which is defined by H. L. Hart. In this paper, we try to put forward a new view for the theory that the judiciary should exercise at certain limited discretion to fill the legal loopholes in the long term. Analyzing from the angle of the uncertainty of the rule of law, namely, the open texture, we...

While the performance evaluation of judges has become a ubiquitous aspect of modern judicial administration, evaluation mechanisms of are too often utilised uncritically, without reflection on why we evaluate judges, and how ‘measurement’ furthers these objectives. This article provides a conceptual analysis of the role and purpose of performance evaluation, conceiving it as a limited tool of j...

The concept of the rational legislator plays an important role in theory and philosophy law, both its historical-doctrinal contemporary dimensions. It occurs two main versions. first one is associated with optimization models, which define conditions for treating legislative practice as a activity actor. second version, so-called Poznan Theoretical School, expresses itself assumption legislator...

SECTION 1001 of the Criminal Code provides criminal sanctions against persons who deal fraudulently with government agencies.1 Although the origin of the statute dates from 1863,2 only recently have Government attorneys made frequent use of its provisions. In United States v. Diogo, the Court of Appeals for the Second Circuit supplemented the increasing body of judicial interpretation of sectio...

This Article is the first in-depth empirical and doctrinal analysis of differences in statutory interpretation between the courts of appeals and the Supreme Court. It is also among the first to anticipate how the Supreme Court’s interpretive approach may shift with the passing of Justice Scalia. We begin by identifying factors that may contribute to interpretive divergence between the two judic...