Legislative‐Executive Conflict and Private Statutory Litigation in the United States: Evidence from Labor,Civil Rights,and Environmental Law

Examining qualitative historical evidence from cases of federal regulation in the areas of labor, civil rights, and environmental policy, this article provides support for the hypothesis that divergence between legislative and executive preferences—a core and distinctive feature of the American constitutional order—creates an incentive for Congress to rely upon private lawsuits, as an alternative to administrative power, to achieve its regulatory goals. It also shows that this mechanism encouraging statutory mobilization of private litigants had been operative long before its powerful growth started in the late 1960s, that it operated in similar fashion with Republican legislators facing Democratic presidents and Democratic legislators facing Republican presidents, and that it remained a source of controversy and an active influence on congressional decision making throughout the half century covering the 1940s through the 1980s.     

Privatization in the United Kingdom and economic regulation in the United States: Lessons in administrative law

The author would like to recognise Prof. Laksham Guruswamy, Faculty of Law, University of Durham, currently Visiting Professor of Law, University of Iowa, for the suggestions he contributed to this article.     

美国《政府绩效与结果法》述评

美国《政府绩效与结果法》是各国政府绩效改革浪潮中具有里程碑意义的代表性立法。该法对政府绩效管理的目的、内容、责任、实施进程以及实施中的其他问题有详尽的规定,具有规范效力的统一性、推行实施的渐进性、管理评价方面的分权以及内容的灵活性等特征。该法在实施中获得好评的同时,也表现出了绩效改革与传统行政法治秩序之间的固有矛盾,使得绩效与法治两种目标的冲突在美国的政府改革过程中日见突出。我国正逐步深入的行政改革需要对此认真思考。     

Comparing Homicide‐Suicides in the United States and Sweden

Research on homicides followed by suicides has largely relied on very localized samples and relatively short time spans of data. As a result, little is known about the extent to which patterns within cases of homicide‐suicides are geographically specific. The current study seeks to help fill this gap by comparing twenty years of homicide‐suicide data for Sweden and a large U.S. county. Although some of the underlying patterns in the two countries are similar (e.g., decreasing rates), a number of important differences emerge, particularly with respect to incidence, weapons used, perpetrator age, and relationship of the perpetrator to the victim.     

Introduction: Comparing National Styles of Regulation in Japan and the United States

The articles in this issue generally reinforce conventional images of American regulation as often adversarial and legalistic and of Japanese regulation as more informal and cooperative. They also suggest that, in regulating pollution and occupational safety in larger firms, Japan's regulatory style is equally effective and more economically efficient than the American approach. But Japan's style appears less effective when regulation requires changes in elite attitudes, as in the realm of workplace equality for women. Moreover, developments in Japan's financial sector reveal ways in which informal regulation can result in undue deference to business and political interests.     

The Political Sociology of Private Armies in Colombia and the United States

This paper provides a comparative sociological analysis of private armies in Colombia and the United States. Private armies in both nations have economic and political underpinnings. An ethic of economic inequality pervaded Colombian life and institutions since colonialism, creating a milieu for private armies to develop. The cocaine industry seized a historic moment in the weakness of the Colombian state, and private armies in their employ helped to manage the risks of cocaine production. Occasionally the armies were used for counterinsurgent purposes. Beyond this, a remarkable diversity of roles played by private armies was noted. In the United States, an ethic of equality provided the social milieu for legitimate private armies to appear. Militias enjoyed social status early on, but later were viewed as antidemocratic and authoritarian. Militia groups since 1865 focused attention upon internal threats first and later external ones. They did not get involved in an illegal business enterprise, and thus overall their social network was less complicated than their Colombian counterparts. Moreover, state power has limited their effectiveness and ability to gain mass appeal in the United States. In the 1990s, armies in both countries underwent change, and their situations became more complex. Diversity of roles played by the Colombian militias is highlighted during this period, while in the United States, militia ideologies were a complex mix of Constitutionalism and Christian Identity.     

美国关税法“337条款”与TRIPs协议

GATT 1994(<关税与贸易总协定>)与TRIPs协议第3条均规定有国民待遇原则,但前者要求给予进口产品的待遇不低于国内产品的待遇,而后者则是要求给予其他成员国民的待遇不得低于本国国民的待遇.本文通过分析认为美国关税法"337条款"并不违反TRIPs协议第3条,因为外国人与美国人都可以同样的利用"337条款"以保护自己的知识产权.此外,本文还具体分析了"337条款"与TRIPs协议第41条、51条及52条的关系,文章最后探讨了"337条款"对中国公司的启示.     

Electronic taxation and cybercrimes in Nigeria,Kenya and South Africa: Lessons from Europe and the United States of America

Advancement in Information and Communication Technology (ICT) over the years has changed the way people now live and conduct their businesses. Consequently, tax administrators in line with global trends are shifting from manual processes to electronic tax systems. Although the adoption of ICT has apparent advantages, it does not come without some potential challenges, prominent among which are the activities of cybercriminals. This paper seeks to identify the ways electronic tax systems can be protected and sustained in some African countries, drawing from the lessons the experiences of the United States of America (US) and some countries in Europe present.