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2. Translate the following paragraph into English (5 marks) 美国周四称，其对日本首相安倍晋三（Shinzo Abe）参拜靖国神社（Yasukuni Shrine）感到“失望”，认为这一行动会“加剧日本与其邻国的紧张关系”。星期四，安倍参拜了靖国神社，神社中供奉着日本战亡者，包括14名甲级战犯。神社被视作日本军国主义的象征。

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1. Translate the following paragraph into Chinese (5 marks) A huge fire that engulfed an ancient Tibetan town in Shangri-la, Yunnan province, on Saturday has caused experts to call for heightened fire safety in historic locations across the country. The fire started early on Saturday morning and lasted about 12 hours, destroying 242 houses in the old Tibetan town of Dukezong in Shangri-la, capital of the Diqing Tibet autonomous prefecture. Dukezong town is the largest and best-preserved Tibetan community in all of China’s Tibetan areas. It was also a key stop on the Ancient Tea-Horse Caravan Route and a focal point for Han-Tibetan exchanges.

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Ⅻ. SociologyThis paper investigates a unique feature of post 9/11 developments in law: the tacit circumvention of constitutional balancing, an otherwise core feature in jurisprudence, as well as in legislation, policy making and law enforcement. Balancing refers to the process of weighting how intrusive certain means are in comparison to the ends — provided of course, that the ends are legitimate. The concept of proportionality is corollary here: in order to assess the relationship between the means employed and the aims sought to be realized, one needs to asses three criteria: effectiveness, necessity, and the degree harm inflicted. However, in current political debates, when anti-terrorist law enforcement measures are involved, the long held golden rule for policy making has been replaced by another, substantially empty rhetoric: the inherently false dichotomy of the “liberty vs. security”-binary. The paper will have the anti-terrorist law enforcement measures in focus, but the rhetoric is sweeping: it has been extended to, copied in, and merged with crime control measures and immigration control as well.The uniqueness of this New World is, thus, twofold: First, new standards have been set up (required and accepted) for government activism in the sphere of curtailing freedom as an exchange for security. People (the political class, the electorate) appear to be willing to reformulate the traditional balance between liberty and security: a little bit more documents and ID-checks, longer lines and more flexible search-warrants seem an acceptable tax levied in return for more stringent demands for government-provided security. For example, once being convinced that we actually need to be searched and surveilled for aviation safety, for a faster process, we are willing to giving up some of our privacy and enter a full body scanner. It seems to be the case that there is a broad consensus on the fact that traditional policing principles or, for that matter, the law of the Geneva Conventions have become unsuited for handling the peculiar warfare put on by suicide bombers and terrorist organizations. Just about everywhere in the world, the war against terrorism has had the effect of widening the control functions of the national security and immigration services, as well as of other law enforcement authorities. The expanded measures and procedures thus introduced were often ones that legislators and law enforcement officials otherwise only had dreamed of attaining, but this time around, they could take advantage of changes in the public sentiment due to society’s shock over the tragic events and fear spreading in their wake.1.The constitutional balancing is a core feature in the flowing BUT _.2.What is the golden rule for policy making according to the author?3.People appear to be willing to accept the following in return for more security, EXCEPT _.4.What is NOT a cause for introduction of measures that legislators and law enforcement officials otherwise only had dreamed of attaining, according to the author?

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XI. Intellectual Property LawSection 106 of the Copyright Act grants “the owner of copyright under this title” certain “exclusive rights,” including the right “to distribute copies...of the copyrighted work to the public by sale or other transfer of ownership.” These rights are qualified, however, by the application of various limitations set forth in the next several sections of the Act, 107 through 122. Those sections, typically entitled “Limitations on exclusive rights,” include, for example, the principle of “fair use” (107), permission for limited library archival reproduction, (108), and the doctrine at issue here, the “first sale” doctrine (109).Section 109(a) sets forth the “first sale” doctrine as follows: “Notwithstanding the provisions of section 106(3) [the section that grants the owner exclusive distribution rights], the owner of a particular copy or phonorecord lawfully made under this title…is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord”, Thus, even though 106(3) forbids distribution of a copy of, say, the copyrighted novel Herzog without the copyright owner’s permission, 109(a) adds that, once a copy of Herzog has been lawfully sold (or its ownership otherwise lawfully transferred), the buyer of that copy and subsequent owners are free to dispose of it as they wish. In copyright jargon, the “first sale” has “exhausted” the copyright owner’s 106(3) exclusive distribution right.What, however, if the copy of Herzog was printed abroad and then initially sold with the copyright owner’s permission? Does the “first sale” doctrine still apply? Is the buyer free to bring the copy into the United States and dispose of it as he or she wishes? To put the matter technically, an “importation” provision, 602(a)(1), says that “importation into the United States, without the authority of the owner of copyright under this title, of copies...of a work that have been acquired outside the United States is an infringement of the exclusive right to distribute copies…under section 106…” Thus 602(a)(1) makes clear that importing a copy without permission violates the owner’s exclusive distribution right. But in doing so, 602(a)(1) refers explicitly to the 106(3) exclusive distribution right. As we have just said, 106 is by its terms “subject to” the various doctrines and principles contained in 107 through 122, including 109(a)’s “first sale” limitation. Do those same modifications apply — in particular, does the “first sale” modification apply — when considering whether 602(a)(1) prohibits importing a copy?1.Which word is closest in meaning to the underlined word “qualified” in the first paragraph?2. From the second paragraph, one can know that the “first sale” doctrine _.3.What question is the author asking in the last paragraph?4.From the above paragraphs, we know that the statement of _ is not true.

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Part II. Translate the following paragraph into English (25分)如果分析不当，造成误解，就谨小慎微，不敢解放思想，不敢放开手脚。结果是丧失时机，犹如逆水行舟，不进则退。

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Part I. Translate the following paragraph into Chinese（25分） When I emphasize the difference between law and morals I do so with reference to a single end, that of learning and understanding the law. For that purpose you must definitely master its specific marks, and it is for that that I ask you for the moment to imagine yourselves indifferent to other and greater things.

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X. Political ScienceWhat difference does it make if more, or fewer, people vote? What difference would it make if the state makes people vote? These questions are central both to normative debates about the rights and duties of citizens in a democracy and to contemporary policy debates in a variety of countries over what actions states should take to encourage electoral participation. To address them, this paper focuses on the phenomenon of compulsory voting — legal requirements that compel citizens to participate. Specifically, by focusing on a rare case of abolishing compulsory voting in Venezuela, we examine whether compulsory voting reduces income inequality.Our results support a well-known proposition advanced by Arend Lijphart in his 1996 presidential address to the American Political Science Association. For Lijphart, class bias — “the inequality of representation and influence...not randomly distributed but systematically biased in favor of more privileged citizens...and against less advantaged citizens” — is the central “unresolved dilemma” of democracy. The normative foundation of this argument is that, in a democracy, the preferences of every citizen should have equal weight in electing representatives and determining policy. Lijphart contends that “low voter turnout means unequal and socioeconomically biased turnout...and unequal participation spells unequal influence”, and that compulsory voting is “the strongest of all the institutional factors” in its potential to remedy the pernicious effects of class bias in turnout.Despite its normative importance and practical relevance in policy debates, rigorous empirical scrutiny of Lijpharf’s claim has been limited. Numerous scholars have investigated the impact of voter turnout on various outcome variables. Most of these studies, however, face methodological shortcomings because they are based on relatively simple cross-sectional regression without a convincing identification strategy for causal inference, or because they rely on instrumental variables based on exogenous “shocks” to turnout (e.g. weather events) that are not relevant to how the level of voter turnout influenced by whether voting is compulsory or mandatory affects electoral and policy outcomes.Two recent studies address these methodological concerns. Fowler (2013) estimates the causal effects of the introduction of compulsory voting in Australia on election outcomes and pension spending. Similarly, Bechtel, Hangartner, and Schmid (2013) examine the effects of the introduction of compulsory voting in the Swiss canton of Vaud on the results of federal referendums. Both studies use an important change in the voting rule as leverage for causal inference, effectively examining the counterfactual question: What would have happened if the compulsory voting rule had not been introduced?1.From the first paragraph, we know that this paper is to discuss _.2.Mr. Arend Lijphart holds the following view but _.3.The weak point of the studies about the impact of voter turnout on various outcome variables is that ___.4.Which statement about the studies of Fowler and Bechtel, Hangartner, and Schmid is NOT true?

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IX. Forensic AppraisalMany criminal procedure scholars who vaguely followed the King case had a hard time understanding what the fuss was about. Their position might be summed up by the majority’s assertion that “DNA identification is an advanced technique superior to fingerprinting in many ways, so much so that to insist on fingerprints as the norm would make little sense to either the forensic expert or a layperson.” Considering that the FBI database contains over 100 million sets of fingerprints, and that it processed more than 61 million ten-print submissions in 2010 alone, this equation of DNA identification with fingerprint technology suggests a bright future for law enforcement’s DNA collection practices. So what difference would it make if police had million people’s genetic, rather than biometric, material?This Part addresses three misconceptions about forensic DNA typing that permeate the King opinion: first, that DNA typing will only be of concern to criminals; second, that the police will not probe sensitive or private genetic information, and that laws protect against misuse; and third, that collecting more DNA samples from known individuals will solve a lot of crime. In short, the prior Part argues that the King opinion can be read as an embrace of expansive forensic DNA testing.King might be viewed less as a statement about the legal status of DNA sampling than about the legal status of arrestees. It could be seen as simply a natural outgrowth of Samson v. California, the case that justified random searches of parolees without a warrant or suspicion based on their diminished status as subjects with conditional liberty. In this telling, King is not a declaration of general disinterest in genetic privacy, but simply an expression of the Court’s lack of solicitude for those entangled in the criminal justice system. But if what decided the issue for the Court was that arrestees deserve less protection than “the average citizen,” then it seems that the Court could have rested its opinion on those grounds alone. In other words, the Court could have said, “DNA testing is a serious and significant intrusion on bodily integrity. But the Constitution permits the state, with a compelling enough interest, to impinge on the most fundamental aspects of bodily privacy when it comes to arrestees. Thus, the Constitution permits the DNA sampling of an arrestee, despite the seriousness of the intrusion involved.” It could have walled off the opinion as a categorical exception that applies only to convicted offenders and arrestees, and declared the law-abiding public’s DNA out of bounds.1.From the first paragraph, one can know that fingerprint is _ and DNA is _.2.Which one is NOT a misconceptions about forensic DNA typing?3.The author thinks that the King case ___.4.From which of the following can you see that the author thinks that the issue for the Court was not that arrestees deserve less protection than “the average citizen”?

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The differences between social reality and legal reality. (250 words)

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The Neutrality of American in the Early World WarⅡThe establishment of the Third Reich influenced events in American history by starting a chain of events which culminated in war between Germany and the United States. The compete destruction of democracy, the persecution of Jews, the war on religion, the cruelty and barbarism of the Nazis, and especially the plans of Germany and her allies, Italy and Japan, for world conquest caused great indignation in this country and brought on fear of another world war. While speaking out against Hitler’s atrocities, the American people generally favored isolationist policies and neutrality. The Neutrality Acts of 1935 and 1936 prohibited trade with any belligerents or loans to them. In 1937 the President was empowered to declare an arms embargo in wars between nations at his discretion.American opinion began to change somewhat after President Roosevelt’s “quarantine the aggressor” speech at Chicago (1937) in which he severely criticized Hitler’s policies. Germany’s seizure of Austria and the Munich Pact for the partition of Czechoslovakia (1938) also aroused the American people. The conquest of Czechoslovakia in March, 1939 was another rude awakening to the menace of the Third Reich. In August, 1939 came the shock of the Nazi-soviet Pact and in September the attack on Poland and the outbreak of European war. The United States attempted to maintain neutrality in spite of sympathy for the democracies arrayed against the Third Reich. The Neutrality Act of 1939 repealed the arms embargo and permitted “cash and carry” exports of arms to belligerent nations. A strong national defense program was begun. A draft act was passed (1940) to strengthen the military services. A Lend Act (1941) authorized the President to sell, exchange, or lend materials to any country deemed necessary by him for the defense of the United States. Help was given to Britain by exchanging certain overage destroyers for the right to establish American bases in British territory in the Western Hemisphere. In August, 1940 President Roosevelt and Prime Minister Churchill met and issued the Atlantic Charter which proclaimed the kind of a world which should be established after the war. In December, 1941, Japan launched the unprovoked attack on the United States at Pearl Harbor. Immediately thereafter, Germany declared war on the United States.6. One item occurring before 1937 that the author does not mention in his list of actions that alienated the American public was _.7. The Lend-Lease Act was designed to _.8. American Policy during the years 1935-1936 may be described as being _.9. The Neutrality Act of 1939 _.10. We entered the war against Germany ___.

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Ⅷ. International lawLegal concepts of domestic law profoundly influence the way how one approaches and conceptualizes international law. James Crawford has observed that “it cannot be said too often that our thinking about law is infiltrated, marinated, drenched with the influence of national legal systems, with their characteristic ways of enforcing obligations and vindicating rights. We were all national lawyers first”. That is surely right (although the trend towards specialization that erodes the authority of generalists might also eventually expunge the memory of the domestic origins of the invisible college).The domestic law perspective applies with particular force to international treaties that combine a consensual form, prima facie reminiscent of the structure employed in the domestic law of contracts, with a substantive breadth, prima facie extending beyond the legal relationships that would be addressed by the law of contracts in domestic law. A convenient point of departure is the proposition made by Arnold McNair as long ago as in 1930, contrasting the variety legal forms employed by the domestic legal order with the sparseness of form by which international law addressed substantively comparable legal relationships: The internal laws of the modern state provide its members with a variety of legal instruments for the regulation of life within that community: the contract; the conveyance or assignment of immovable or movable property, which may be made for valuable consideration or may be a gift or an exchange; the gratuitous promise clothed in a particular form; the charter or private Act of Parliament creating a corporation; legislation, which may be constituent, such as a written constitution, fragmentary or complete, or may be declaratory of existing law, or create new law, or codify existing law with comparatively unimportant changes. Further, though rarely, we may find a constitutional document which closely resembles the international treaty itself.If the debate is put in a historical perspective, it may be said that the appropriateness of domestic analogies has been debated in slightly differing terms by each succeeding generation of international lawyers. In the late 19th century, Heinrich Triepel drew the distinction between treaties analogous to contracts properly so-called, where the contractual parties pursued opposing interests, and the law-making treaties analogous to agreements, where the contractual parties pursued common interests.In the inter-War period, Hersch Lauterpacht dismissed any practical value of the distinction, and made a powerful argument of analogy between domestic contract law on the one hand and the law of treaties and particular treaty regimes on the other hand. Conversely, McNair made an equally powerful argument for a broader list of possible analogies from domestic law, shifting the attention to public law, and in particular cases showing scepticism about the value of relying on private law.1.James Crawford thinks that _.2.Arnold McNair compared legal forms in domestic law with those of international law in 1930 and found that _.3.Heinrich Triepel made the distinction between _.4.From the last paragraph, we can see that Hersch Lauterpacht and McNair _.

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It looked like a typical business meeting. Six men, neatly dressed in white shirts and ties filed into the boardroom of a small Jakarta company and sat down at a long table. But instead of consulting files or hearing reports, they closed their eyes and began to meditate, consulting the spirits of ancient Javanese kings. Mysticism touches almost every aspect of life in Indonesia and business is no exception. One of the meditators said his weekly meditation sessions are aimed mainly at bringing the peace of mind that makes for good decision-making. But the insight gained from mystic communication with spirits of wise kings has also helped boost the profits of his five companies.Mysticism and profits have come together since the 13th century introduction of Islam to Indonesia by Indian Moslem merchants. Those devout traders, called “Wali Ullah” or “those close to God”, energetically spread both trade and religion by adapting their appeals to the native mysticism of Java. Legends attribute magic power of foreknowledge to the Wali Ullah. These powers were believed to be gained through meditation and fasting.Businessman Hadisiko said his group fasts and meditates all night every Thursday to become closer to God and to contact the spirits of the great men of the past. “If we want to employ someone at the managerial level, we meditate together and often the message comes that this man can’t hole onto money or he is untrustworthy. Or maybe the spirits will tell us he should be hired.” Hadisiko hastened to add that his companies also hold modern personnel management systems and that formal qualifications are essential for a candidate even to be considered. Perspective investments also are considered through mystic meditation. “With the mind relaxed and open, it is easier to be objective in judging the risk of a new venture. Meditation and contact with the wisdom of the old leaders sharpens your own insight and intuition. Then you have to apply that intuition to the information you have and work hard to be successful.” Mystic meditation helped reverse a business slide his companies experienced in the mid-1980. Operating with normal business procedures, he lost more than $3 millions in that year alone. Meditation brought back his peace of mind. Putting the right persons in the right jobs and gaining confidence in his business decisions were the keys to a turning around that has brought expansion and profitability. The mysticism in Handspike’s boardroom is part of a growing movement in Indonesia called Kebatinan — the “search for the inner self”.One of his managers, Yusuf Soemado, who studied business administration at Harvard University, compared the idea of mystic management to western system of positive thinking. “Willpower and subconscious mind are recognized as important factors in business. Such approaches as psycho-cybernetics, Carnegie’s think and growth rates, or the power of positive thinking are western attempts to tap the same higher intelligence that we contact through meditation”, he said.1. What is the most important factor in their doing business?2. Whom do they consult?3. Why did Hadisiko hasten to add “his companies also hold modern personnel management systems”?4. According to the passage, the function of the meditation is ___.5. What does “operating with normal business procedures” refer to?

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VII. Economic LawAs the U.S. Supreme Court addressed it in Dara Pharmaceuticals, Inc. v. Broudo, the loss causation requirement exists to assure that private securities fraud actions are “available, not to provide investors with broad insurance against market losses, but to protect them against those economic losses that misrepresentations actually cause.”Codification of the causation requirement in the PSLRA broke no new substantive ground. But, as the Supreme Court also counseled in Dura, the PSLRA “makes clear Congress’ intent to permit private securities fraud actions for recovery where, but only where, plaintiffs adequately allege and prove the traditional elements of causation and loss.” In the wake of Dura, loss causation has become the critical element in both pleading and proof in securities fraud actions brought under the fraud-on-the-market theory, first embraced by a plurality of the Supreme Court in Basic, Inc. v. Levinson. In Basic, the Court created a rebuttable presumption of investor reliance on the market price of a security that trades in an “efficient” market — one in which the market price is presumed to reflect all information disseminated into that marketplace. The rebuttable presumption of reliance based on the fraud-on-the-market theory is critical to certification of investor class actions where, without it, certification would be virtually impossible as individual questions of reliance would predominate over any common questions. Although the Supreme Court has held that loss causation is not an individual question to be addressed as a matter of class certification, it is a central element of any private action under Exchange Act 10b and Rule 10b-5, and must accordingly be sufficiently pled to withstand a motion to dismiss, and ultimately supported by evidence, whether on summary judgment or at trial.Dura is the seminal pronouncement on the necessary showing of loss causation as a matter of both pleading and proof in fraud-on-the-market cases. The Supreme Court instructed that loss causation is neither sufficiently pleaded nor demonstrated merely by an artificially inflated market price and a later economic loss. Indeed, the Court cautioned in these cases that “the logical link between the inflated purchase price and any later economic loss is not invariably strong,” and that while an artificially inflated purchase might mean a later loss, that is not inevitably so. The Court spoke of a “tangle of factors” affecting market prices of securities, and that even though false or misleading information disseminated into the marketplace may “touch upon” a later economic loss for investors, to touch upon a loss is not to cause it, and it is actual causation that the law requires.1.From the first paragraph one is NOT able to say that Dara Pharmaceuticals, Inc. v. Broudo _.2.Which of the following statement describes “fraud-on-the-market theory” most suitably?3.Loss causation is NOT _.4.Loss causation can be sufficiently demonstrated by ___.

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VI. Procedure LawEven if we were to accept this deflationary view of procedural justice as our starting point, it would not follow that procedures are unimportant. If we begin with criteria for a just outcome, then it follows that our system of dispute resolution should be designed to decide controversies in accord with these criteria. From the bare premise that outcomes count from the ex post (事后)perspective, we can derive a minimal notion of procedural justice. A perfectly just procedure would guarantee correct outcomes; a procedure would be more or less fair or just insofar as it approximates this ideal. If we take the rules of substantive law (torts, contracts, property, and so forth) as applied to the facts (the state of the world) as the criteria for just outcomes, then the ideal procedure would discern the truth about the facts and apply the law to those facts with one-hundred percent accuracy. From the modest premise that outcomes count, we can derive the view that procedural justice is a function of accuracy.There are, however, obvious problems with this simple theory. Even from the ex post perspective, formal legal outcomes, such as judgments for plaintiffs and defendants, are not the only effects of adjudication. Dispute resolution systems impose costs on the parties to the dispute and on society at large. If we enlarge our view of outcomes to encompass all of the costs and benefits imposed by the litigation system, then our view of procedural justice will be enlarged as well. An outcome that includes a damage award that reflects an accurate application of the substantive law to the facts might nonetheless be unjust if the plaintiff who was entitled to prevail had to pay more in attorneys’ fees than the value of the judgment. A dispute resolution system that achieved one-hundred percent accuracy would be viewed as monstrously unfair if it required each disputant to devote her entire life to a painstaking process of fact-finding and consumed the great bulk of the social product to finance the enterprise. The addition of these uncontroversial premises to our modest assumption that outcomes count yields the conclusion that even from the ex post perspective a fair procedure must, at a minimum, strike a fair or reasonable balance between the benefits of accurate outcomes and the costs imposed by the system of procedures.Procedural perfection is unattainable: no conceivable system of procedure can guarantee perfect accuracy. Approaching procedural perfection is unaffordable: a system that achieved the highest possible degree of accuracy would be intolerably costly.1.From the first paragraph, we can know that the author is _.2.An ideal procedure would NOT _.3.The author thinks that a fair procedure must strike a fair or reasonable balance the benefits and the costs. According to the 2nd paragraph, which one is NOT a cost mentioned by the author?4.From the last paragraph one can infer that ___.

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V. Civil and Commercial LawThe absence of privity of contract precluded a person from recovering against a negligent actor who caused that person harm, wherever the negligent act constituted a breach of contract with someone else. The House of Lords in Donoghue v. Stevenson ruled that manufacturers did owe a duty of care to the ultimate consumer not to create risks of harm through the manufacturing process. In reaching this conclusion the Court examined the specific kinds of duties which the law had imposed in a variety of situations and derived therefrom a general principle for the law of negligence.In the words of Lord Atkin: At present I content myself with pointing out that in English law there must be, and is, some general conception of relations giving rise to a duty of care, of which the particular cases found in the books are but instances. The liability for negligence, whether you style it such or treat it as in other systems as a species of “culpa”, is no doubt based upon a general public sentiment of moral wrongdoing for which the offender must pay. But acts or omissions which any moral code would censure cannot in a practical world be treated so as to give a right to every person injured by them to demand relief. In this way rules of law arise which limit the range of complainants and the extent of their remedy. The rule that you are to love your neighbor becomes in law, you must not injure your neighbor; and the lawyer’s question, who is my neighbor? receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbor. Who, then, in law is my neighbor? The answer seems to be persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question. The underlying structure of the reasoning of Lord Atkin’s judgment may be stated as follows: (1) There are a set of cases where courts have found liability for failing to take care. (2) In these cases the courts established a standard of care. (3) In these situations we can infer from the fact that the law imposes a duty (standard of care) to take care. The law of negligence extends to this kind of activity.1.According to the first sentence, a person injured may not be able to recover against a negligent actor who caused the harm because _.2.Lord Atkin thinks that _.3.In the sense of tort law, a neighbor is one who _.4.Which of the following is NOT a reasoning for the law of negligence _.

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IV. Criminal LawThreats to national security and public safety, whether real or perceived, result in an atmosphere conducive to the abuse of civil liberties. History is littered with examples: The Alien and Sedition Acts of 1798, the suspension of habeas corpus during the Civil War, the Palmer Raids during World War I, and McCarthyism in the aftermath of World War II.Unfortunately, the post-9/11 world represents no departure from this age-old trend. Evidence of post-9/11 tension between national security and civil liberties is seen in the heightened regulation of photography; scholars have labeled it the “War on Photography” — a conflict between law enforcement officials and photographers over the right to take pictures in public places. In many cases, police officers and private security guards have invoked blanket notions of “national security” to prohibit the press and private photographers from taking pictures of structures that are in plain view of the general public. In other cases, law enforcement officials have used broadly worded criminal statutes such as “obstruction of justice” or “interfering with a police officer” to prohibit the press and private photographers from taking part in what is constitutionally protected behavior. A simple Google search reveals countless incidents of overzealous law enforcement officials detaining or arresting photographers and, in many cases, confiscating their cameras and memory cards, despite the fact that these individuals were in lawful places, at lawful times, partaking in lawful activities.For at least two reasons, the argument that the heightened regulation of the right to take pictures in public places enhances national security or public safety is deeply flawed.First, the prevailing evidence indicates that the perpetrators of past terrorist attacks never photographed their targets. Why would they need to, after all? The Internet and modern technology have made it possible to obtain pictures of most structures, especially ones located in urban areas, with the click of a mouse. For example, Google Earth provides images of almost any address in the country from a variety of distances and angles.Second, even if terrorists did photograph their targets, it would be totally impractical to try to stop them. Questioning for the purpose of identifying potential terrorists persons taking pictures of the Empire State Building in New York City or the White House in Washington, D.C., makes less sense than trying to find a needle in a haystack, because, chances are, the needle does not exist.1.The author uses the examples in the first paragraph to show that _.2.Which of the following describes “War on Photography” most properly?3.The reasons used by law enforcement officials to prohibit people from taking pictures of structures that are in the general public DO NOT include _.4.The author thinks that to prohibit taking pictures in public places enhances national security or public safety is deeply flawed. Which of the following is NOT a reason?

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The No. 1 domestic ___ of the government is to clean up the environment.

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The money spent on medical insurance last year was four times ___ ten years ago.

Part II. Translate the following paragraph into English (25分)如果分析不当，造成误解，就谨小慎微，不敢解放思想，不敢放开手脚。结果是丧失时机，犹如逆水行舟，不进则退。

The differences between social reality and legal reality. (250 words)