美国证据排除规则的衰变及其启示——以Herring v. United States案为主线的考察

2009年1月的Herring v.United States案判决是近年来美国联邦最高法院关于证据排除规则方面影响最大的判决,它确立了＂过失行为所得非法证据不适用证据排除＂的新规则。该判决以其不同以往任何案例的特殊性引发了关于证据排除的存在必要性、适用范围、审查模式等一系列问题的理论探讨和实务争议。以该判决前后美国联邦最高法院的态度转变和学界回应为鉴,我国证据排除规则的确立应定位于阻吓违法行为,以过错原则为判断标准,并配合职务监督方式施行。     

WTO中的公共道德例外条款分析

多边贸易协定一个重要目的就是消除贸易壁垒,实现贸易自由化。但是有时过度地追求贸易自由可能会给一国的公共道德造成威胁。因此,在多边贸易协定中往往内含了一些可以豁免缔约方缔约义务的例外条款。缔约方为了保护本国的公共道德,可以援引这些例外条款来对抗其他缔约方的指控。在WTO中,公共道德例外主要体现在GATT第20条﹙a﹚和GATS第14条﹙a﹚。另外,在《与贸易有关的知识产权协定》第27条第2款和《政府采购协定》第23条第2款中也规定了这种例外。     

美国国家安全委员会变迁探析

美国建立了世界上第一个国家安全委员会,历经67年世势风云的洗礼,美国国家安全委员会已成为美国处理所有国际事务的中心,作为美国国家安全事务的咨询与协调机构,它在美国国家安全决策过程乃至世界外交局势的演变中都持续发挥着重要的影响力。历经各任领导者对其地位与角色的不同定位,美国国家安全委员会的职能、制度、运行及决策程序在不断修改与调整中走向稳定与成熟。其机构和人员的设置既审时度势、灵活多样、顺应时代变化,又逐渐探索确立了富有特色的部际协调机制,将各法定成员、法定顾问、国家安全事务助理以及非法定成员有效地组织起来,通过形式各异的正式程序、非正式程序以及秘密程序的分析、评估与协调会议,为总统的国家安全事务决策提供必不可少的支持。美国国家安全委员会变迁与改革的每一步都伴随着法律及行政法令的颁行与修订,授权与监督,体现了法制先行的特点。美国国家安全委员会戏剧性的发展历程中积累的经验与教训,为中国建立不久的中央国家安全委员会提供了借鉴。     

Human Services Providers’ Perspectives on Refugee Resettlement in the United States before and after the 2016 Presidential Election

Abstract

The United States has historically accepted and resettled refugees by opening its doors to those fleeing violence, armed conflict, or persecution around the world. However, the degree of receptivity toward refugee resettlement has vacillated over time. This study examines the challenges and opportunities that Refugee Resettlement Agencies (RRAs) experienced prior to and after the 2016?U.S. Presidential election. The findings presented in this paper, based on focus groups with the RRA staff, revealed that there is a greater need for understanding the refugee resettlement process and how changing immigration policies impact state-federal funding.     

新藤黄酸诱导脑胶质瘤细胞U87自噬的研究

目的 观察不同浓度新藤黄酸（gambogenic acid，GNA）对脑胶质瘤细胞U87增殖及自噬的影响。方法 倒置显微镜下观察细胞形态变化，采用噻唑蓝法检测细胞的存活率，单丹磺酰尸胺（monodansylcadaverine，MDC）染色法检测自噬泡的形成，吖啶橙（acridine orange，AO）染色流式细胞仪观察酸性囊泡细胞器的数量变化，Westernblot法检测自噬相关蛋白微管相关蛋白1轻链3（microtubule associated protein 1 light chain 3，LC3）- Ⅱ/LC3- Ⅰ以及Beclin- 1的表达变化。结果 GNA在1~32 μmol/L浓度范围抑制U87细胞的增殖；MDC染色表明GNA促进U87细胞内自噬泡的形成；AO染色表明GNA增加U87细胞内酸性囊泡细胞器的数量；Western blot结果显示，GNA作用U87细胞后，LC3- Ⅱ/LC3- Ⅰ比值增大，Beclin- 1的表达增加，提示细胞内自噬活性增强。结论 GNA在一定剂量和时间范围内抑制脑胶质瘤细胞U87细胞的增殖可能与诱导U87细胞自噬的发生有关。     

Party competition and citizens' political attitudes in the American states

Democratic theorists argue that vigorous competition between candidates/parties is essential for democracy to flourish because it engages citizens' political interest and ultimately makes elected officials more accountable to their constituents. Using data on citizens' perceptions of government responsiveness to their political opinions from the American National Election Studies and the Ranney measure of party competition for control of state government, we examine the effects of competition on citizens' political attitudes from 1952 to 2008. Our analysis reveals that citizens feel government is more responsive to them when there is greater competition between the two parties for control of government in their state. However, this relationship is confined only to citizens who identify with the party that controls government in their state. We also find that the relationship between competition and efficacy is strongest among citizens with lower levels of education and income. These results suggest that vigorous competition for control of state government can have important implications for citizens' political attitudes.     

Untangling Housing Cost and Transportation Interactions: The Location Affordability Index Model—Version 2 (LAIM2)

Abstract

It is now accepted that to have an understanding of housing affordability one must consider not only housing costs, but also the transportation costs associated with that household location. To make this information readily accessible to the public, the United States government created an Internet resource, the Location Affordability Portal – Version 2 (www.locationaffordability.info), to provide housing and transportation costs for every neighborhood in all 50 states and the District of Columbia. Although the statistical model at the heart of this resource was designed for predictive accuracy, its design and parameter estimates can provide additional insights into the interaction of housing cost and transportation choices (and thus its cost). This study describes the development and explores the policy implications (and limitations) of this structural equations model, the Location Affordability Index Model – Version 2 (LAIM2).     

Checking the Fact-Checkers in 2008: Predicting Political Ad Scrutiny and Assessing Consistency

Which types of political ads are most likely to draw criticism from fact-checkers? Are fact-checkers consistent in their evaluations of political ads? Examining general election television ads from the 2008 U.S. presidential race, and based upon the evaluations of FactCheck.org, PolitiFact.com, and the Washington Post's Fact Checker, this study demonstrates it was the attack ads from candidates that were most likely to draw scrutiny from the fact-checkers. Most importantly, a high level of agreement between the fact-checkers indicates their success at selecting political claims that can be consistently evaluated. While political advertisers are increasingly using evidence to support their claims, what may be more critical in drawing evaluations from fact-checkers is the verifiability of a claim. The implications of consistent fact-checking on the public, political actors, journalism and democracy are discussed. With the revelation that fact-checking can be consistently practiced, localized efforts at fact-checking need encouragement, particularly as political TV ads increasingly drown out other potential sources of information for the public and increasingly are used in downballot races, local initiatives, referendums and judicial races.     

John Paul Jones: An Overlooked Autopsy Finding that May Explain His Terminal Illness

A finding in the autopsy of John Paul Jones, the American Revolutionary War naval hero, may explain his terminal illness. During his last 2 years, he had a persistent productive cough and dyspnea. Ten days before death, he developed rapidly progressive dependent edema and ascites. He died in France in 1792. His body, preserved in alcohol in a lead coffin, was, in 1905, removed to the United States. Glomerulonephritis was noted on an autopsy, performed in France, but there was no comment then or since about ventricular wall thickness being the same in both ventricles at 5–6 mm. Hypertrophy and dilatation with biventricular failure followed by tissue shrinkage during 113 years in alcohol could have resulted in these ventricular wall findings. Systemic hypertension and left ventricular failure are consistent with his respiratory symptoms complicated perhaps by pulmonary emboli, right ventricular failure with tricuspid regurgitation, peripheral congestion, and jaundice.     

Near‐fatal Intoxication with the “New” Synthetic Opioid U‐47700: The First Reported Case in the Czech Republic

Recreational use of the potent synthetic opioid 3,4‐ dichloro‐N‐(2‐(dimethylamino)cyclohexyl)‐N‐methylbenzamide (U‐47700) is rising, accompanied by increasingly frequent cases of serious intoxication. This article reports a case of near‐fatal U‐47700 intoxication. A man was found unconscious (with drug powder residues). After 40 h in hospital (including 12 h of supported ventilation), he recovered and was discharged. Liquid chromatography/high‐resolution mass spectrometry (LC/HRMS) or gas chromatography/mass spectrometry (GC/MS) were used to detect and quantify substances in powders, serum and urine. Powders contained U‐47700 and two synthetic cannabinoids. Serum and urine were positive for U‐47700 (351.0 ng/mL), citalopram (<LOQ), tetrahydrocannabinol (THC: 3.3 ng/mL), midazolam (<LOQ) and a novel benzodiazepine, clonazolam (6.8 ng/mL) and their metabolites but negative for synthetic cannabinoids. If potent synthetic opioids become cheaper and more easily obtainable than their classical counterparts (e.g., heroin), they will inevitably replace them and users may be exposed to elevated risks of addiction and overdose.