美国与德国法院体制之比较

美国与德国都是联邦制国家也是奉行宪法至上的国家 ,两国的法院体制都必须适应这一特点。比较两国的法院体制的基本特征 ,分析这些特征产生的原因并进而探讨法院在维护联邦制中的作用。     

Controlling the alcohol-impaired driver in Scandinavia and the United States: Simple deterrence and beyond

Three papers on simple deterrence of alcohol-impaired driving (Ross, 1982; Votey, 1984; and Phillips, Ray, and Votey, 1984) were reviewed within a broad framework of control variables including: legal, technical, psychological, moral, and cultural influences. In applying this framework to a comparison of Norway and Sweden versus the United States, it was apparent that Scandinavian drivers are subjected to a considerably greater range and intensity of control influences than American drivers. It was recommended that a causal analysis of simple deterrence should be supplemented by a contextual analysis of general prevention for a fuller appreciation of the complex, interactive network of influences upon alcohol-impaired driving.     

Social rationalization of living and housework in Germany and the United States in the 1920s

Because the idea of economic rationalization found its strongest promoters in the US and Germany during the 1920s, it makes sense to compare the two countries and to ask how the idea of economic rationalization was transferred into other areas of society, such as the private sphere of families and their homes. The article draws comparisons in a number of different areas, such as housing policy, the education of taste, domestic cleanliness, and the structure of reformers' ideas. In both countries special associations and journals were founded to instruct housewives, and reformers idealized a “classic” family pattern that centered on individual households with gender division of labor but fewer children. The social rationalization of people's daily lives in both countries was not an easily accomplished process, nor was it carried out sucessfully in all the areas targeted by reformers.     

Informal university technology transfer: a comparison between the United States and Germany

Existing literature has confined university technology transfer almost exclusively to formal mechanisms, like patents, licenses or royalty agreements. Relatively little is known about informal technology transfer that is based upon interactions between university scientists and industry personnel. Moreover, most studies are limited to the United States, where the Bayh-Dole Act has shaped the institutional environment since 1980. In this paper, we provide a comparative study between the United States and Germany where the equivalent of the Bayh-Dole Act has come into force only in 2002. Based on a sample of more than 800 university scientists, our results show similar relationships for the United States and Germany. Faculty quality which is however based on patent applications rather than publications serves as a major predictor for informal technology transfer activities. Hence, unless universities change their incentives (e.g., patenting as one criterion for promotion and tenure) knowledge will continue to flow out the backdoor.     

Comparison of the criminal statistics of the United States and the Federal Republic of Germany

A systematic procedure for comparing the criminal statistics of the United States and the Federal Republic of Germany is presented. The procedure was developed after (1) reviewing and translating applicable paragraphs of the Federal Republic of Germany's Penal Code and (2) reviewing both the formal and informal processes used in both countries for recording crime statistics. Subsequently, a detailed comparison of criminal statistics was made using this comparative procedure.     

The HIV-infected health care provider. Doe v. Attorney General of the United States

Doe demonstrates that once an employer enters into a relationship with an individual and thereafter determines that he or she may be disabled, the employer has the right to ask the individual questions about the possible disability when those questions are relevant to assessing his or her qualifications for continuing on the job. In fact, once a health care provider is on notice that an employee's or physician's disability may render the employee or physician no longer qualified, thereby potentially endangering patients, the provider is required to determine whether the person is qualified for the job. In these sensitive matters, employers must draw a fine line between unreasonably following up on every rumor on the one hand, and on the other hand investigating reliable information when there may indeed be a direct threat to patients.     

The Integration of Women into West German and United States Police Service

This article describes the West German attitudes toward full employment of women in police service and the results of an experimental study of the successful integration of women into the uniformed police in Hamburg, West Germany. It compares experiences in the United States and concludes that the West German acceptance and use of women in the uniformed service is five to ten years behind the United States but that the German Police have very deliberately sought to create equal opportunities for women over the past decade. Expectations are that more women will be recruited into the German police service, but that it will be eight to ten years before large numbers of females are employed in the uniformed service or in the higher ranks of the German police forces.     

The political and economic context of mental health care in the United States

Since the mid-1970s, the mental health treatment system in the U.S. has faced budgetary famine. This is in stark contrast to the growing cornucopia of fiscal resources enjoyed by the overall health care system. This paper explores the complex reasons for this disproportionate allocation in health spending. On the one hand, mental health may suffer from the perception that its diagnoses are largely "subjective" and its treatments do not fit the traditional "medical model" that can be defined precisely and paid for by third-party insurers. But more importantly, the death of mental health resources can be attributed to the peculiar nature and characteristics inherent in American politics. This paper describes the American political environment, from both a historical and a contemporary perspective, to give some insight into the development of policies affecting the mental health system in the U.S. Given the current climate of fiscal conservatism in this country toward any increases in social spending, it is likely that the profound mismatch in need and spending for mental health programs will continue indefinitely.     

Playing fair: fairness beliefs and health policy preferences in the United States

Conventional wisdom suggests that the best way to persuade Americans to support changes in health care policy is to appeal to their self-interest - particularly to concerns about their economic and health security. An alternative strategy, framing problems in the health care system to emphasize inequalities, could also, however, mobilize public support for policy change by activating underlying attitudes about the unfairness or injustice of these inequalities. In this article, we draw on original data from a nationally representative survey to describe Americans' beliefs about fairness in the health domain, including their perceptions of the fairness of particular inequalities in health and health care. We then assess the influence of these fairness considerations on opinions about the appropriate role of private actors versus government in providing health insurance. Respondents believe inequalities in access to and quality of health care are more unfair than unequal health outcomes. Even after taking into account self-interest considerations and the other usual suspects driving policy opinions, perceptions of the unfairness of inequalities in health care strongly influence respondents' preferences for government provision of health insurance.     

Inching toward incrementalism: federalism, devolution, and health policy in the United States and the United Kingdom

In the United States, the recently enacted Patient Protection and Affordable Care Act of 2010 envisions a significant increase in federal oversight over the nation's health care system. At the same time, however, the legislation requires the states to play key roles in every aspect of the reform agenda (such as expanding Medicaid programs, creating insurance exchanges, and working with providers on delivery system reforms). The complicated intergovernmental partnerships that govern the nation's fragmented and decentralized system are likely to continue, albeit with greater federal oversight and control. But what about intergovernmental relations in the United Kingdom? What impact did the formal devolution of power in 1999 to Scotland, Wales, and Northern Ireland have on health policy in those nations, and in the United Kingdom more generally? Has devolution begun a political process in which health policy in the United Kingdom will, over time, become increasingly decentralized and fragmented, or will this "state of unions" retain its long-standing reputation as perhaps the most centralized of the European nations? In this article, we explore the federalist and intergovernmental implications of recent reforms in the United States and the United Kingdom, and we put forward the argument that political fragmentation (long-standing in the United States and just emerging in the United Kingdom) produces new intergovernmental partnerships that, in turn, produce incremental growth in overall government involvement in the health care arena. This is the impact of what can be called catalytic federalism.