法学文论 · LEGAL STUDIES

《法律和社会科学》[Law and Social Sciences] 第七卷，苏力主编，刘思达执行主编，法律出版社 2010年。

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主题讨论：法律实证研究方法在中国

中国法律经济学的实证研究：路径与挑战 / 陈若英
中国法律社会学的历史与反思 /刘思达
中国行政法经验研究：回顾与展望 /汪庆华
乡村法制研究的现状与前瞻 /陈柏峰
“地方性知识”在法学语境中的使用 /李 耕

论文

实效主义法学纲要 / 柯华庆
中国治理刑讯逼供六十年的经验 /何永军
预防刑事冤案中的制度失灵 / 雷振斌
法律实践中俗民的“冤屈感”：一个解释框架 /邢朝国
北庄矿难：社区突发事件中的“理”与“情” / 袁长庚
农地流转纠纷中的政治与法律：鄂中个案研究 / 陆 剑
中国土地产权制度：基于宪法第10条的分析 / 程雪阳

批评

法院执行研究为什么难

跨越个案 / 苏力
评《法院执行为什么难》 /刘忠
执行既难，研究不易 / 戴昕
计量方法与因果关系 / 张巍

The Decline and Fall of the American Republic by Bruce Ackerman. Harvard University Press 2010. ISBN-10: 0674057031; ISBN-13: 9780674057036.

Review

In The Decline and Fall of the American Republic, Bruce Ackerman, one of our nation’s most thoughtful and most influential constitutional theorists, sounds the alarm about the dangers posed by our ever-expanding executive authority. Those who care about the future of our nation should pay careful heed to Ackerman’s warning, as well as to his prescriptions for avoiding a constitutional disaster.
–Geoffrey R. Stone, University of Chicago Law School, author of Perilous Times: Free Speech in Wartime: From the Sedition Act of 1798 to the War on Terrorism

Alarmist or alarming, The Decline and Fall of the American Republic, is a serious attention-getter. Bruce Ackerman has adroitly woven recent changes in our institutional arrangements into a provocative argument that the expanding powers of the 21st century presidency have put our constitutional order at risk.
–Joyce Appleby, UCLA, author of The Relentless Revolution: A History of Capitalism

At once audacious and plain spoken, Ackerman offers a fierce critique of democracy’s most dangerous adversary: the abuse of democratic power by democratically elected chief executives.
–Benjamin R. Barber, author of Jihad vs. McWorld: How Globalism and Tribalism Are Reshaping the World and Consumed: How Markets Corrupt Children, Infantilize Adults, and Swallow Citizens Whole

Product Description

Bruce Ackerman shows how the institutional dynamics of the last half-century have transformed the American presidency into a potential platform for political extremism and lawlessness. Watergate, Iran-Contra, and the War on Terror are only symptoms of deeper pathologies. ­Ackerman points to a series of developments that have previously been treated independently of one another—from the rise of presidential primaries, to the role of pollsters and media gurus, to the centralization of power in White House czars, to the politicization of the military, to the manipulation of constitutional doctrine to justify presidential power-grabs. He shows how these different transformations can interact to generate profound constitutional crises in the twenty-first century—and then proposes a series of reforms that will minimize, if not eliminate, the risks going forward.

The book aims to begin a new constitutional debate. Americans should not suppose that Barack Obama’s centrism and constitutionalism will typify the presidencies of the twenty-first century. We should seize the present opportunity to confront deeper institutional pathologies before it is too late.

About the Author

Bruce Ackerman is Sterling Professor of Law and Political Science at Yale University.

Law’s Allure: How Law Shapes, Constrains, Saves, and Kills Politics, by Gordon Silverstein. Cambridge University Press 2009. ISBN-10: 0521721083; ISBN-13: 9780521721080.

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Winner of the C. Herman Pritchett Prize for the best book published in the field of law and courts in 2009 from the Law & Courts Section of the American Political Science Association.

Frontmatter [PDF]; Excerpt [PDF]

Review

“Law’s Allure is a masterful treatment of the causes and consequences of the juridification of American politics. Beautifully written and displaying Silverstein’s encyclopedic knowledge of American constitutional law and practice, the book helps us understand how the courts can both enable and disable our politics under different circumstances. Silverstein integrates both abstract principle and bare-knuckle politics into the account, resulting in a volume that is at the same time profound and accessible. A major contribution that will enlighten both scholars and the informed public.”
— Tom Ginsburg, The University of Chicago Law School

“Professor Silverstein provides an original and compelling analysis of the complex relationships between law and politics. His insights that juridification in the United States is on the rise, that juridification is more than government by judiciary, and that escaping from politics has numerous hidden costs are interesting, important and likely to provoke a good deal of conversation both within and without political science.”
— Mark Graber, University of Maryland

“Gordon Silverstein has given us a superb analysis of juridification, the messy interaction of supposedly objective legal rules with partisan interests that often produce public policy. Through both general reasoning and close studies of specific cases, he demonstrates how these forces noisily, and sometimes angrily, engage to create not a seamless web but a jig-saw puzzle whose jagged pieces never fit neatly together. Neither students of public law nor public policy can afford to miss this splendid book.”
— Walter F. Murphy, Princeton University

“Law’s Allure is a breathtakingly good book. Tracing through a substantial number of important case studies ranging from abortion and school desegregation through campaign finance and environmental litigation to the tobacco cases and more, Gordon Silverstein gives us a new paradigm for thinking about the role of courts in American politics, one that is more complete, convincing, and persuasive than we have ever had before in a single volume.”
— Kim Lane Scheppele, Princeton University

“A valuable contribution to the next generation of studies on constitutional politics. With well-chosen case studies and a useful analytical framework, Gordon Silverstein helps identify the whys, hows, and so-whats of interactions between politicians and judges in shaping public policy.”
— Mark Tushnet, Harvard Law School

“Law’s Allure: How Law Shapes, Constrains, Saves and Kills Politics provides an original and compelling analysis of the complex relationships between law and politics. Professor Silverstein’s insights that juridification in the United States is on the rise, that juridification is more than government by judiciary, and that this escape from politics has numerous hidden costs are interesting and important. The case studies are well written and informative, the research is solid, and the conclusions likely to provoke a good deal of conversation both within and without political science…Professor Silverstein provides a far more nuanced account of the relationship between law and politics than found in the existing political science literature.”
— Mark Graber, Balkinization blog

哥伦比亚大学法学院吴修铭教授的新作，隆重推荐：

The Master Switch: The Rise and Fall of Information Empires, by Tim Wu.
Knopf, 2010. ISBN-10: 0307269930. ISBN-13: 9780307269935

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From Publishers Weekly

According to Columbia professor and policy advocate Wu (Who Controls the Internet), the great information empires of the 20th century have followed a clear and distinctive pattern: after the chaos that follows a major technological innovation, a corporate power intervenes and centralizes control of the new medium–the master switch. Wu chronicles the turning points of the century’ s information landscape: those decisive moments when a medium opens or closes, from the development of radio to the Internet revolution, where centralizing control could have devastating consequences. To Wu, subjecting the information economy to the traditional methods of dealing with concentrations of industrial power is an unacceptable control of our most essential resource. He advocates not a regulatory approach but rather a constitutional approach that would enforce distance between the major functions in the information economy–those who develop information, those who own the network infrastructure on which it travels, and those who control the venues of access–and keep corporate and governmental power in check. By fighting vertical integration, a Separations Principle would remove the temptations and vulnerabilities to which such entities are prone. Wu’ s engaging narrative and remarkable historical detail make this a compelling and galvanizing cry for sanity–and necessary deregulation–in the information age.

Review

“An explosive history that makes it clear how the information business became what it is today. Important reading.”
—Chris Anderson, author of The Long Tail: Why the Future of Business is Selling Less of More and Free: How Today’s Smartest Businesses Profit by Giving Something for Nothing; editor of Wired Magazine

“Wu’s book is both a masterful media history and an outline for the future of the digital age. The Master Switch brilliantly describes the never-ending tension between open and closed media, as it has effected everything from the printing press to the web, and details ways society might be able to prevent the disastrous closing down of digital freedoms currently threatening the open internet.”
—Clay Shirky, author of Here Comes Everybody: The Power of Organizing Without Organization and Cognitive Surplus: Creativity and Generosity in a Connected Age

“Every now and then a book changes the way we understand the world. The Master Switch is such an achievement; it is a rigorous, imaginative and enthralling history of the Twentieth Century struggle among utopian innovators, profit-maximizing monopolists, and their often-hapless regulators. Wu has convincingly reinterpreted our media past, and by doing so, he has illuminated the risks to open media and Internet-enabled innovation that confront us in the present.”
—Steve Coll, President, New American Foundation and Pulitzer Prize winning author of Ghost Wars: The Secret History of the CIA, Afghanistan, and Bin Laden, from the Soviet Invasion to September 10, 2001

“A masterpiece.”
—Lawrence Lessig, Director of the Edmond J. Safra Foundation Center for Ethics and Professor of Law, Harvard University

“Ranging from the early days of Theodore Vail’s AT&T to the current battle between Google and Apple, Tim Wu’s work is a must read for those who want to know about the future of the Internet. The Master Switch is brilliant, with a distinctive voice that comes through on every page.”
—Josh Silverman, CEO, Skype

“A free and open Internet is not a given. Indeed, corporate interests are working feverishly to seize control of it. Drawing on history, The Master Switch shows how this could easily happen and why we are at risk of losing the freedom we now take for granted. A must-read for all Americans who want to remain the ones deciding what they can read, watch, and listen to.”
—Arianna Huffington

《法律和社会科学》[Law and Social Sciences] 第六卷，苏力主编，法律出版社 2010年。

购买本书：卓越亚马逊。