如何令看不见的东西能够被看见

——读《看不见的宪法》

冯健鹏*

任何我们所看见的东西，都是我们看不见的东西的投影。

——马丁·路德·金

美国宪法是世界上第一部成文宪法，这已是毫无争议的宪法学常识；签署于1787年的这部宪法文本，至今仍然被保存在美国首都华盛顿特区的国家档案馆，每天接受着无数参观者的目光。这部宪法的文本，在两百多年的时间里只增加了二十七条修正案

。。。

o'connor to hear cases as visiting judge to hub court
ex-justice to serve us appeals court

 by jonathan saltzman
globe staff / april 29, 2008

she left the nation's highest court two years ago, but retired us supreme court justice sandra day o'connor evidently still likes to hear lawyers make arguments before her.

more stories like thisand where better than boston to watch members of the bar mix it up?

o'connor is scheduled to serve as a visiting judge today on the us court of appeals for the first circuit at the john joseph moakley courthouse, said susan goldberg, deputy circuit executive.

judge bruce m. selya, one of six judges on the court, invited o'connor to hear arguments in about a dozen cases, in part because the court has a heavy caseload, goldberg said.

o'connor, the first woman to serve on the supreme court and a crucial swing vote for many years, retired 。。。

近年来，某些地方政府兴建豪华办公楼，其中一类被称为“白宫式”，如下图这张：

然而这着实是一个乌龙，且看正牌的白宫是怎样的：

不过所谓“白宫式政府大楼”的模板，与正牌的白宫其实相距不远，如下图所示：

所谓的“白宫”其实抄的是议会大厦——究其原因，大概是因为议会大厦的样子，才符合某些人对于“白宫”的想象罢。

说起来，正牌的白宫确实比议会大厦寒碜不少，几乎所有关于美国政治的电视新闻报道都喜欢以议会大厦做背景，由此可见一斑了；真要以白宫做模板盖政府大楼，还未必能得到主政者的满意——能令其满意的，大概也只有“宫”这个称号了罢。

不过，倒不是因为美夷久处僻远、不服王化，盖这么个小房子就敢自称“宫”；而实在是因为这玩意儿的本名就是“white house”——“白。。。

http://www.law.harvard.edu/news/2008/02/19_sunstein.php

sunstein to join harvard law school faculty
february 19, 2008

cass r. sunstein
renowned legal scholar and political theorist cass r. sunstein '78 has accepted an offer to join the harvard law school faculty, dean elena kagan '86 announced today. sunstein, currently a tenured professor at the university of chicago law school, will begin teaching at hls in the fall. he will also become director of the new program on risk regulation.

"cass sunstein is the preeminent legal scholar of our time -- the most wide-ranging, the most prolific, the most cited, and the most influential," said kagan. "his work in any one of the fields he pursues -- administrative law and policy, constitutional law and theory, behavioral economics and law, environmental law, to name a non-exhaustive few -- would put him in the very front ranks of legal 。。。

http://www.law.harvard.edu/alumni/bulletin/2008/winter/theory.php

theory into practice
the minister of thought
will brazil embrace the ideas of roberto unger?
by emily dupraz

fabio pozzebom/abr
roberto unger (right) has criticized brazil抯 president 揕ula?(left). but they are working together.
two years ago, hls professor roberto unger ll.m. ?0 s.j.d. ?6 publicly denounced the government of his native brazil, calling it 搕he most corrupt in history.?he also called for the impeachment of its president, luiz in醕io lula da silva, known throughout brazil as 揕ula.?/p>

in june, unger took a job as a minister in lula抯 cabinet, in charge of the secretariat for long-term planning.

surprising? not at all, say friends and colleagues of the law professor and social theorist who, even from the distance of cambridge, mass., has managed to stay visibly involved in lati。。。

疑问从其名字就开始了：
上下级人大之间并没有直接的领导与 被领导关系，北京市人大常委会怎么可以规定其下级人大常委会的事情？
如果作为地方立法，那么是不是又涉嫌违反了《立法法》第八条第二项，即关于“各级人民代表大会、人民政府、人民法院和人民检察院的产生、组织和职权”的法律保留？
诸位怎么看呢？

附《北京各级人大常委会听取和审议一府两院专项工作报告办法》全文：

北京市人民代表大会常务委员会公告

 

第65号

 

《北京市各级人民代表大会常务委员会听取和审议人民政府、人民法院和人民检察院专项工作报告办法》已由北京市第十二届人民代表大会常务委员会第四十次会议于2007年11月30日通过，现予公布，自2008年1月1日起施行。

 

北京市第 十二届人民代表大会常务委员会

 

2007年11月30日

 

 

 

北京市各级人民代表大会常务委员会听取和审议人民政府、人民法院和人民检察院专项工作报告办法

 

（2007年11月30日北京市第十二届人民代表大会常务委员会第四十次会议通。。。

announcement 1.8 million pages of federal case law to become freely available.

washington, d.c. / sebastopol, ca桸ovember 14, 2007?a href="http://public.resource.org/">public.resource.org and fastcase, inc. announced today that they will release a large and free archive of federal case law, including all courts of appeals decisions from 1950 to the present and all supreme court decisions since 1754. the archive will be public domain and usable by anyone for any purpose.

揟he u.s. judiciary has allowed their entire work product to be locked up behind a cash register,?said carl malamud, ceo of public.resource.org. 揕aw is the operating system of our society and today's agreement means anybody can read the source for a substantial amount of case law that was previously unavailable.?

fastcase, the leading developer of next-generation american。。。

november 12, 2007
corrected november 20, 2007

these listings are drawn from the same data we collected in july 2007 about citations to faculty since the year 2000 that were incorporated into the ranking of law schools by scholarly impact released on september 1, 2007. in several cases (bartlett, bibas, and horwitz) we attempted to correct for the fact that these scholars are frequently cited with different spellings of their names (that had not been corrected for in the scholarly impact study, but also would not have affected the overall results). we also had to conduct new searches for highly-cited faculty in some areas who do not teach at schools included in the original study. otherwise, all results are taken directly from the july 2007 data.

in each specialty, we list the 搕en most cited?faculty, or the 搕went。。。

By JONATHAN D. GLATER

Published: October 31, 2007, The New York Times

Forget all the jokes about what should be done with the lawyers. What should be done with the law students?

That question is being tackled — seriously — at a variety of law schools around the country as they undertake a broad series of changes to their curriculums. The changes range from requiring new courses for first-year students to expanding clinical programs to adding electives in the later years to encouraging law students to take courses in other graduate-level programs at their universities.

Harvard Law School announced last year that it would modify its venerable curriculum, and its cross-country rival, Stanford Law School, has begun making changes, too.

Columbia Law School began modifying its curriculum in 2003, and the University of New Mexico School of Law made a series of changes starting three years ago and is weighing more.

“When you have。。。

这块碑上的话已经是耳熟能详了，这次终于见到了实物。

波士顿犹太大屠杀纪念碑其实是以六个玻璃空心塔为主体的一组建筑，这块碑是其中的一部分。。。。