高校内部的行政权力与学术权力运行机制分析——以美国高校为借鉴

高校内部的权力被分解为行政与学术两个维度并由两类不同性质的主体分别享有和行使。传统美国主流高校内部行政权力和学术权力的运行机制是行政主导模式。美国高校内部的行政权力通常由董事会和校长掌握。教授通过组建评议会集合行使决策学术领域事务的权力。近一个世纪以来,美国高校内部的权力结构由行政主导模式逐渐向学术权力方向迁移。美国高校纵向的系、院、校三级各自在横向上都是二元治理结构,在每一层级的治理结构中这两种权力呈现出此消彼长的变化趋势。我国高校内部也存在行政权力与学术权力之区分,如何设定两者关系,有待进一步思考。     

Family Leave and Law Enforcement: A Survey of Parents in U.S. Police Departments

The women of United States police departments challenge traditional gender role expectations by exhibiting equal competence in a job with a masculine identity. Women also modify police culture in a myriad of ways, one of which is through the special work-related needs that accompany motherhood. Results from a survey of police officers suggest that gendered perceptions regarding work and family persist indicating that a value shift within police departments has occurred. Findings derived from qualitative responses suggest that women’s entry in policing, along with shifting societal attitudes about work and family, could transform the institution’s “hegemonic masculinity,” an enduring characteristic of many police departments.     

Industry/University Licensing: Characteristics, Concerns and Issues from the Perspective of the Buyer

The authors previously explored invention licensing from the university's perspective. In this paper we focus on the process from the perspective of firms activity engaged in licensing technology. A survey of industry licensing professionals addresses why some firms license technologies from universities and why others do not. The paper then considers the stage of development of university technologies, the characteristics of their licensing contracts, and sources of information about university technologies, all to better understand how the process works and what advantages and disadvantages it offers to all participants.     

美国高等教育质量评估模式演变、特征及其借鉴价值

美国高等教育质量评估历经单一评估模式、输入评估模式和过程绩效评估模式,形成了重视评估的结果输出、强调内外综合监控、强调高校社会绩效责任、重视发挥独立评估机构作用、重视评估技术手段等特征.我国应加强对独立评估机构的认证、扶持和监管力度;在强调外部质量监控、质量推进的过程中,强调柔性化、弹性化的内外综合监控;坚持国际化、市场化、以学生为中心的原则和要求,构建多纬度的复合质量指标和评估体系;强化高校自我质量监控作用,不以牺牲高校自治和核心价值观作为发展代价.高等教育质量评估体系应是一个多维体系,应从外延性和内生性、动态性和静态性、学术传统性和政策灵活性等多方面对高等教育质量进行综合性评价.     

萨班斯-奥克斯利法案--美国公司治理领域中的重大变革

安然、世通和全球有线通信等一些美国大型上市公司相继倒闭破产 ,震动了美国朝野。公司内部的会计舞弊案是造成安然、世通等公司破产的直接原因 ,而安然等公司的董事、高级管理人员以及公司外部审计人员的诚信也出现了危机。为了恢复公众、股民对美国上市公司、股市的信心 ,美国联邦政府于2 0 0 2年 7月通过了萨班斯—奥克斯利法案 (theSarbanes OxleyAct)。该法案是继 1 933年证券法案和1 934年证券交易法案等联邦公司治理领域法案之后的一项极为重要的联邦立法 ,被称为自罗斯福总统时代以来对美国的上市公司最具有影响力的改革性法案。…     

美国、欧盟、亚洲各国专利代理制度现状及发展研究

专利制度是激励社会创新、鼓励社会成员发明创造的最有效制度之一。随着国家和企业知识产权战略的发展完善,提供知识产权中介服务的专利律师和专利代理人的数量将会增加。本文着眼于世界发达国家的现行专利中介服务体系,通过比较研究,找准差距,看清问题,在充分借鉴外国经验的基础上,立足本国现实,提出可行的改进措施,提高我国专利中介服务的水平和能力,建立我国高效、协调的专利中介服务体系。     

The Quantitation of Cocaine on U.S. Currency: Survey and Significance of the Levels of Contamination

It has long been suspected that the illicit distribution of cocaine in the United States has led to a large‐scale contamination of the currency supply. To investigate the extent of contamination, 418 currency samples (4174 bills) were collected from 90 locations around the United States from 1993 to 2009. The extent of their cocaine contamination was quantitated via gas chromatography/mass spectrometry or liquid chromatography/mass spectrometry. The level of cocaine contamination was determined to average 2.34 ng/bill across all denominations ($1, $5, $10, $20, $50, and $100). Levels of cocaine contamination on currency submitted to the Federal Bureau of Investigation Laboratory in criminal cases over the 1993–2001 timeframe had significantly higher contamination than currency in general circulation. A mathematical model was developed based on the background survey that indicates the likelihood of drawing a bill in specific concentration ranges. For example, there is a 0.8349 likelihood that random bill will have contamination less than 20 ng.     

Comparing U.S. and European police subcultures: A field study

This article is a satire of sociology and field anthropology research on comparative police behavior; it uses humorous anecdotes to make a serious point. The author argues that until police supervision is undertaken by civilian review boards, police behavior will never conform to community morality despite attempts at police reform. To support this argument, the author compares U.S., German, Italian, Russian, and French police subcultures in an attempt to calculate (a) the correlation between police behavior and its conformity to community morality, and (b) whether a high correlation results from a high degree of civilian oversight. The author concludes that, because no country has appreciable civilian oversight, and because the police of no country conform to community morality, there is therefore a perfect correlation between lack of civilian oversight and lack of police conformity to community morality.     

Judgeships in the U.S. courts of appeals and in the U.S. district courts: Characteristics of democratic and republican presidential appointees from 1963–1990

The present study examined the characteristics of presidential appointees to the U.S. Courts of Appeals and the U.S. District Courts from 1963–1990. An over‐representation of white, protestant men is noted, regardless of the political party of the appointing administration. Appointees of Democratic and Republican administrations did not differ significantly in terms of law school attended, occupation at nomination or appointment, or American Bar Association rating. The conclusion calls for a more diverse judiciary.     

Medicolegal aspects of tornadic storms in Kansas, U.S.A.

Kansas is known for its fierce whether, including tornados in the spring and fall and blizzards in the winter. A recent series of tornados cut a path of destruction a mile wide for greater than 40 miles (64 km), killed 20 people, and caused several hundred casualities on the evening of April 26, 1991, in Tornado Alley, which runs from the northern border of Oklahoma through southern Kansas past Wichita toward Emporium, Kansas. The wind velocity was greater than 200 mph. Twenty people were killed, 17 of these in Andover, Kansas, a small town east of Wichita. Injuries caused by the tornados and the excellent emergency response and care provided by medical, law-enforcement, and volunteer personnel in the wake of the storms are described here.     

行政听证:美国与加拿大实践的比较

加拿大广袤的疆域、丰富的资源、恶劣的气候及稀少的人口,要求有富有想象力的领导层和政府的财政资源,以解决联邦的诸多问题.因此,加拿大人将经济、社会及文化发展等重要领域的决策权授予了政府.政府则将许多此类权力授予行政裁判所.     

Measuring U.S. innovative activity: business data at the U.S. Census Bureau

Innovation is seen as a source of strength and vitality in the U.S. economy. Better measures of innovative activity—including but not limited to innovation alone—could improve what we know about the sources of productivity and economic growth. The U.S. Census Bureau collects data on some measures of innovative activity that research shows affect economic performance. But understanding how the effects work requires more than just measures of innovative activity. It also requires solid statistical information about core measures of the economy so we can rule out the possibility that a measure of innovative activity merely proxies for something omitted from or measured poorly in the core data. Gaps in core measures can be filled by better integrating existing data and by more structured collections of new data. Versions of this paper were presented at the NSF/SRS Workshop, Advancing Measures of Innovation: Knowledge Flows, Business Metrics, and Measurement Strategies, Arlington VA, June 6–7, 2006, and circulated to the Advisory Committee on Measuring Innovation in the 21st Century Economy, Economics and Statistics Administration, U.S. Department of Commerce. This paper is unofficial and thus has not undergone the review accorded to official Census Bureau publications. Lucia Foster, Ron Jarmin, Jeffrey Mayer, Thomas Mesenbourg, and Daniel Weinberg, and the editors made valuable comments. However, the views expressed in the paper are those of the author and not necessarily those of the U.S. Census Bureau.     

Institutional responses to unemployment: A comparison of U.S. trends, 1948–1985

Previous studies that consistently find a direct effect of unemployment on imprisonment fail to consider other state policies that may be related both to unemployment and imprisonment. This ommission potentially biases in unknown ways the estimated effect of unemployment. This study uses postwar U.S. time series data to examine how the effects of unemployment on imprisonment are influenced by mental institutionalization, military enlistments and welfare rolls. No evidence of trade-offs in social control policies can be detected in these data, thus supporting the previous findings that unemployment directly affects prison admissions.An earlier version of this paper was presented at the 39th Annual Meeting of the American Criminological Society, Montreal, November 12, 1987.     

Review of S. B. Chetverikov,Who Makes U.S. Policy and How

This book is devoted to current problems in the working of the organs of government and administration of the United States, the functioning of the mechanism for the development, adoption, and implementation of its political decisions, and the interrelation and coordination of the actions of various links in its governmental machinery. It is a thorough investigation of questions of public law in the United States. The author makes clear the distinguishing features of the development of the governmental mechanism in the USA during the present period, the internal processes occurring in the political system of the imperialist state, and the contradictions inherent in it. Chetverikov directs the reader's attention to a number of issues in the present development of the system of governmental administration in the USA that have been inadequately treated in the Soviet legal literature. They include the rising political role of the bureaucracy and the tendency for it to elude control by the higher authorities, including the president; the unique character of the present stage of the fusion of the government machinery and the monopolies; the formation of a "triple alliance" made up of permanent bureaucracy, monopolist "interest groups" (consisting of lobbying organizations exercising "influence" favorable to the monopolies on government bodies), and the working machinery of Congress; the inflation of the governmental machinery and its "monopolist degeneration."     

Congress,The U.S. Supreme Court And Must-Carry Policy: A Flawed Economic Analysis

The Cable Television Consumer Protection and Competition Act of 1992, which requires cable operators to carry the signals of local broadcast television stations, was hailed by supporters as a measure that would preserve the economic viability of the local independent broadcaster by unlocking the anticompetitive grip that the local cable company places on access to its system. In upholding the Act in 1997, the United States Supreme Court seemed to ignore the degree to which the cable and broadcast industries have become vertically integrated. In the end, local independent stations became economically viable not because they were guaranteed carriage on a cable system, but because they represented a practical programming outlet for conglomerate firms with large investments in content production. This article recommends that Congress repeal the Act.     

Technology transfer between the U.S.A. and Europe

The premise is that technology gaps have an important impact on the economic life of nations and also have political consequences. Expressions of concern about the technology gap between Europe and the United States have become steadily less frequent in the recent years. The purpose of this paper is to find out whether some of the lessons that can be drawn from the European technology gap of the '60s contribute to the understanding of the present United States-European technology exchange controversies. This is accomplished by (1) reviewing the European arguments, (2) trying to find out how revelant they have proven to be after a few years, (3) investigating better ways to assess the impact of technological differences with reference to current United States arguments about technology export, and (4) attempting to derive some conclusions on policy implications of transferring technology. It was concluded that important policy decisions have been made and are still being made by technology importing countries with little analytical background on the cost and advantages of achieving a technological capacity. In addition, policy decisions by technology exporting countries are most likely to be made with little knowledge of the real phenomena involved.     

美国犯罪成立要件与证明责任分配

美国犯罪成立要件包括两方面的内容:犯罪表面成立要件和犯罪实质成立要件.前者是指行为与心态,后者是指无罪辩护事由不成立.在犯罪成立要件证明责任划分上,美国刑事诉讼中通常要求控诉方将犯罪表面成立要件证明到排除合理怀疑的程度,犯罪成立实质要件的说服责任通常也由控诉方承担,只是在例外的情况下才由辩护方承担说服责任.在犯罪成立要件与证明责任分配的关系上,犯罪成立实体要件是刑事证明责任分配的关键内容,犯罪成立实体要件的结构决定了证明责任的分配,证明责任的分配实现了犯罪成立实体要件的机能.     

美国合同的分类研究

美国法学界对合同的分类有与我国相同的,也有不同的。根据合同是否具有法律的约束力,法学家们将合同分成有效合同、无效合同、可撤销合同与没有强制力的合同四种;根据合同成立时承诺人采用的方法不同,合同可分为双边合同与单边合同;根据订立合同时所需要的方式或者格式划分,合同可以分为要式合同与非要式合同两种;根据合同当事人在创立合同时的意思表示方式不同,合同可分为明示合同与默示合同;根据合同形成的方式不同,可将合同分为准合同与真实合同。对待不同类型的合同法院有着与之相适应的处理方法。