论美国经济制裁中的总统权力边界

美国具有较为完善的经济制裁体系,主要依据《敌国贸易法》和《国际经济紧急权力法》对外实施单边经济制裁。虽然《国际经济紧急权力法》是国会限制总统权力的法律,但是在内容上却给予总统以广泛的行政权力。总统既享有固有的外交权力,又获得国会赋予的对外贸易管制权,而司法部门在涉外问题中基于政治问题和国际礼让原则,并不做司法审查,总统经济制裁的行政权力扩张得到了立法与司法的支撑。在美国经济制裁中,立法权、行政权与司法权受商业利益、个人追求与党派之争的影响,逐渐脱离法治轨道。从宪法授权以及美国经济制裁的发展历程上看,经济制裁措施存在不完全符合宪法等要求的问题,我们在应对美国经济制裁时可从这些问题着手加以研究。     

The United Nations,the United States,and the War on Terrorism

Since the moment the United Nations was created, the Americans have had certain expectations of it, which logically follow from their past.     

The Keys to Legislative Success in the U.S. House of Representatives

Our research addresses how individual member behavior and institutional variables affect legislative success in the U.S. House of Representatives. Using new measures of activity from the 103d Congress (1993–94), a count dependent variable, and negative binomial regression, our analysis assesses member effectiveness. We find that a member's activity level encourages legislative success, but gains are limited when members speak or sponsor too frequently. Our results provide a clearer picture of the role of legislative context and the relevance of institutions in determining a member's legislative successes and failures.     

The politics of abortion in the House of Representatives in 1976

The discussion in the U. S. Congress preceeding the passage of the 1976 Hyde Amendment, prohibiting the use of Medicaid funds for abortions, was described and the results of a multivariate analysis of the factors influencing the votes on the amendment in the House of Representatives were presented. Between June 24-August 10, 1976 there were 3 roll call votes on the amendment in the House of Representatives and during this period support for the amendment increased from 54%-69%. Multiple classification analysis was used to analyze the relative influence of 11 independent variables on the voting behavior of the representatives. The 11 variables included 1) the age, educational level, sex, and religious affliation of the representative; 2) the representative's party affliation, degree of constituent support, and previous voting record on liberal issues; and 3) the average income, racial composition, geographical location, and the % of urban residents in the representative's district. The factor which served as the best indicator of the representative's vote on the amendment was the representative's previous voting record on liberal issues. Those with more liberal voting records tended to vote against the amendment and those with more conservative voting records tended to vote for the amendment. The 2nd best predictor of amendment votes was the religious affliation of the representative. Catholic representatives, compared to Protestant and Jewish representatives, were more likely to support the amendment. Geographical location of the representative's district was a moderate indicator of the representative's vote on the amendment. Representatives from the south were more likely to support the amendment. The degree of constituent support for the representative in his own district was also a moderate indicator of the representatives vote on the amendment. The 11 factors together accounted for 1/3 of the votes.     

Core Consensus,Strategic Variations: Mapping Arts Management Graduate Education in the United States

This study is the first comprehensive curricular comparison of graduate arts management programs in the United States. Its principal finding is that there exists considerable curricular convergence among arts management programs and that their differences may be exploited strategically. Through extensive curricular analysis and in-depth conversations with faculty, this study makes both conceptual and methodological contributions to the field—conceptual because it provides an empirical basis for the definition of arts management as a formal academic discipline in its own right and methodological because it proposes a framework to effect a systematic comparison of arts management program curricula.     

Statement of Ralph G. Steinhardt,Professor of Law,before the Subcommittee on Civil and Constitutional Rights of the Committee on the Judiciary,U.S. House of Representatives

Conclusion The Alvarez-Machain decision demonstrates that there is no simple division between international law, on the one hand, and domestic or constitutional law, on the other. It is a domestic matter that U.S. citizens are suddenly vulnerable to reciprocal exercises of power by foreign states. It is a domestic matter if the decision compromises the international cooperation on which the drug war depends. It will certainly be no consolation to those whose lives depend on winning that war that the case involved a single, relatively obscure treaty with a single foreign country. It is a constitutional matter if the Court will no longer exercise independent judgment in the interpretation of the supreme law of the land or will view as optional agreements the rest of the world considers comprehensive and binding.And as we reflect on the importance of treaties in such areas as trade or-especially after President Yeltsin's visit last week-arms reduction, it becomes clear that treaties-though international in origin-are usually domestic in their impact. The Supreme Court's disposition in Alvarez-Machain seems radically at odds with this nation's long-term, sophisticated self-interest in assuring the domestic sanctity of international agreements.This statement was presented in a slightly altered form to the Subcommittee on June 22, 1992. Professor Steinhardt is Associate Director of the International and Comparative Law Program at the National Law Center, George Washington University, Washington, D.C., U.S.A.; B.A., Bowdoin College 1976; J.D., Harvard University 1980.Professor Steinhardt appeared with the American Civil Liberties Union Foundation of Southern California in its representation of Dr. Alvarez-Machain in the U.S. Court of Appeals for the Ninth Circuit and in the Supreme Court of the United States.     

Preferences,Partisanship, and Whip Activity in the U.S. House of Representatives

Using Democratic whip counts from the 92d House, we compare representatives' stated intentions to their actual roll‐call votes to detect evidence of party pressure. After arguing that this strategy understates real party influence, we nonetheless point to evidence of member conversion by party leaders. On 16 bills analyzed, two‐thirds of the switches between the count and the vote occur in the direction favored by party leaders. We examine one bill in depth, showing how the efforts of party leaders were consequential to the outcome. The pattern of movement on this bill, along with data from the larger set of bills, provides evidence that leaders act strategically, targeting the members whose persuasion requires the fewest resources.     

Economic Discussion of Conflict between Public Education Policies and Common Good Arts in the United States

Arts education in the United States, especially in public schools, has been neglected and its public funding has decreased. This is partly due to the difference in the conception of public education policies and the arts. The theory of economic goods and an analysis of two current education policies demonstrate that public education is treated as a public good that is needed by all people, and therefore funded with tax dollars. Because the arts are common goods that different people value in their own terms, education in the arts is treated as nonessential and funded sporadically in public school settings. Based on the theory of the commons, the author suggests that nonprofit arts organizations are equipped to deal with the common good and diverse nature of the arts and can provide sustainable arts education that fills the gap of arts education in public schools.     

美国律师制度对我国的借鉴与思考

2007年8月14日～9月3日，由美国马里兰大学行为与社会科学学院国际教育项目办公室主办的中国司法部律师高级管理人员赴美培训班顺利完成了学习培训和交流任务。在美期间，通过集中听课、参观走访、互动交流等形式，对美国的律师管理体制、机制、律师执业内容、方式等方面有了比较深入的了解，对进一步推进我国律师工作有了一些启发和思考。     

The Movement to Criminalize Sex Work in the United States

Until recently, prostitution was not a prominent public issue in the United States. Law and public policy were relatively settled. The past decade, however, has witnessed a growing debate over the sex trade and the growth of an organized campaign committed to expanding criminalization. A powerful moral crusade has been successful in reshaping American government policy toward sex work – enhancing penalties for existing offences and creating new crimes. Crusade organizations have advocated a strict abolitionist orientation toward all forms of commercialized sex, which are increasingly conflated with sex trafficking. This paper examines the impact of this movement on legal norms and government policies. I argue that the moral crusade, and its government allies, are responding to the growth of the sex industry in recent years and to fears of its normalization in American society.     

美国的保释制度

美国的保释制度是在继受英国的保释制度的基础上发展而来的。以保释是原则,羁押是例外为指导思想,并把保释权上升到宪法的高度,反对预防性羁押。近年来,随着犯罪率高升,美国开始对保释权有所限制。一、保释制度在美国的缘起美国学者关于保释内涵的理解直接来源于英国。从17世纪中叶开始,英国政治学、法学思想对美国的法律制度的确立产生很大的影响。尤其是有关自由、民主、法治、分权与制衡等学说与理论深深刺激了酷爱自由清教徒移民者,鉴于对政治国家仍然心有余悸以及对其不信任心理依然存在,注重个人基本权利的保护和反对酷刑的思想意识迅…