美国网络安全政策导向及其启示

互联网已经融入了当代社会的各个领域,并成为了一个国家赖以正常运转的"神经系统",而一旦出现网络危机,该国整个社会有可能陷于瘫痪。因此,网络安全已成为国家公共安全的"致命威胁"。当我们致力于我国网络安全保障体系建设的时候,了解一下美国政府的网络安全政策导向,即确立维护网络安全的国家战略,完善维护网络安全的管理机制,优化网络安全的技术组织结构,健全维护网络安全的法制体系,这对于我们拓宽思路、开阔视野或许是有益的。     

美国管制革新的方法

美国<行政程序法>,总的来说是一件相当不错的法律,很好地经受住了时间的考验.当然,我们也承认它存在一些缺陷,并需要更新,但是反对商业团体和他们在国会中的支持者们所提出的这样巨大的、有时甚至是激进的改变.     

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."     

Punitive Attitudes in Latin America

The purpose of this paper is to describe, initially, the population’s perception regarding some aspects related to the phenomenon of crime, the criminal system and the punitive response the State should supply (the population’s disapproving attitudes), bearing in mind the role of the mass media, since the latter perhaps represents the most important link providing feedback between social demand and the activity of the State with regard to subjective perceptions of criminality and the construction of a State with greater punitive reaction. A second part will analyze the scope of the expansive tendencies in criminal matters in Latin America and particularly in Argentina. With this aim, after outlining the phenomenon — from several theoretical perspectives — and summarising its characteristics in Latin America, we shall specify its distinctive features in our midst, as a way of sounding the main problems entailed in this legislative inflation — decidedly influenced by the multiplying effect of the mass media. This diagnosis is necessary in order to intuit possible strategies for criminal policy.     

Forensic anthropology in Latin America

Forensic anthropology has been one of the fastest growing medico-legal disciplines both in its contribution to the practical needs of the legal system and research accomplishments. New anthropological standards were developed to apply to a specific population of a region. The purpose of this paper is to analyze a large sample of anthropological forensic cases and to review pertinent literature that deals with anthropological standards developed for the population of the continent of Central and South America. Using Uruguay as an example, there was not a single office or anthropologist assigned to analyze human skeletal remains in Uruguay. In 1991 the Laboratorio de Antropología Forense at the Morgue Judicial of Montevideo was created. A total of 189 forensic anthropological cases (276 individuals) were analyzed since this date. Twenty six percent of cases involving human remains were positively identified. The majority came from the Departamento de Montevideo, the largest population district of the country. Most of the cases fell into the 60 to 69 years old age range (35%). Females represented 32% of the total. Since the establishment of the laboratory, the number of forensic cases increased considerably from 20 in 1991 to 40 in 1997. The case studies were accompanied with skull-photo superimposition and facial reconstruction when no other evidence for positive identification was available. This service provided by the laboratory was quickly known to coroners, law enforcement agencies, and other legal authorities and thus utilized not only in Uruguay but also in several other countries in the continent. Because of the obvious need for an anthropologist, there are now university programs to provide forensic anthropological education. Yet, research has lagged behind considerably. Deficiencies are obvious in basic osteological standards of estimating age, calculating stature, determining sex and assessing race that can be applied to populations of the continent. Regional standards are also needed to estimate postmortem interval, to identify culture specific causes of trauma and other forensic phenomena. Some of these can be remedied if there is a database where the available literature is stored and osteometric information is shared.     

Governing crime and violence in Latin America

ABSTRACT

The last two decades turned Latin America into one of the most violent regions in the world. While previously, violence in the region has predominantly been associated with state repression and military dictatorships, the “new violence” that emerged since the mid-1990s is predominantly criminal. Related research has been mostly problem-driven, implying that the focus has been on how to improve security governance in the region. The multiple ways in which governance itself is both shaped by as well as contributing to the pervasiveness of this “new violence,” has remained uncharted. This article offers an analytical framework, inspired by the literature on governance, for assessing this issue. To this end, it highlights different modes and instances of governance with, by, and through crime (and violence) in the region. In doing so, the article offers a contextualization for this special issue as well as an overarching analytical framework for the individual contributions.     

美国产业政策立法及对中国的三启示

美国几乎从未在官方文件里出现过产业政策,而且长期以来对产业政策持抵制态度。但它不意味着美国没有产业政策,美国存在"事实上产业政策",强化科学和技术政策或产业技术政策,培养创新,重视技术转让、推广和技术成果的商业化和工业化等等。研究美国产业政策立法,根据中国的政治、经济、文化等背景因素,适当借鉴美国的做法,对推进中国产业结构调整和优化升级,带动整个经济发展,增强企业的国际竞争力大有益处。     

关于美国横向并购反垄断审查政策最新发展的述评

2010《横向并购指南》体现了美国政府关于横向并购反垄断审查政策最新发展。一方面,2010《指南》维持了1992《指南》中一些重要的方面,同时,2010《指南》也对1992《指南》作出了较大的修改。2010《指南》所体现的横向并购反垄断审查政策和以前相比,审查重点有所变化,审查过程更灵活,分析工具更多元化,审查中考虑更多的因素,审查范围会更广,而审查的门槛也有所提高。     

Confidence in the police in Latin America

The study of confidence in the police in Latin America is rare, partially for lack of interest and partially for lack of reliable data. Social, economic, and political instability in those countries also contributes to the problem. Relying on data from the World Values Surveys 1995-1997, the current research proposed a theory of the police in transitional societies and reported the results of analyses of confidence in the police in nine countries of Latin America. The levels of confidence in the police in the nine Latin American nations were compared with that of the U.S. The inclusion of a heterogeneous set of control variables in the multivariate analysis yielded several consistent predictors of confidence in the police. Similar to the findings in the U.S., confidence in the police in Latin America was part of the broader attitude complex. Different from the findings in the U.S., confidence in the police was positively related to one's employment status and religiosity, and negatively to income.     

Gringo: a coming-of-age in Latin America

The classic studies of the authoritarian personality imply that free‐and‐just societies would need a different kind of personality. Social structure and personality are interdependent. The whole is greater than the sum of the parts but the nature of the parts is not irrelevant. Without a truly utopian world, we have to guess at what such personalities would look like—an important, often neglected insight of Marx. So we look for hints in a less‐than‐perfect world. Towards that end novelists have offered, intentionally and unintentionally, certain indices or codes of the kind of personality necessary for a just world. Kazantzakis’ Zorba is one such hint, as seen in his autonomy, manifested most importantly in his anti‐nationalism. In Zorba we see that community is possible where he has become “free” (rejection of nationalism, etc.); it is not possible where he is not “free” (vis‐à‐vis women). The paradox is that the just society needs autonomous personalities. Crudely put, real human community might require personalities who do not need it.     

美国知识产权政策的调控——基于经贸危机的影响谈起

美国的知识产权政策是一个多层次复杂的系统,将知识产权领域的大部分内容与美国经济和科技政策有机地结合在一起,这与美国的思维方式和意识形态有关,但是,美国政府将之上升到战略的地位上,却是缘于“经贸危机”的影响。由于“经贸危机”严重威胁到美国的国际地位,美国政府对此经过深刻剖析,认识到知识产权问题是根源所在,通过对知识产权政策进行改革与修订,美国的国家竞争力得到了迅速提升。为了更深刻地了解经贸危机对美国知识产权政策的影响,本文主要研究以专利权的授予为知识产权的产出内容、以专利技术的产业化为商用内容、以针对专利权的保护为保护内容的美国知识产权政策在经贸危机发生前后的变化。     

U.S. CLS

This essay offers a brief account of the rise of cls thought in the United States and of its development within a largely hostile legal academy. As the essay suggests, cls thought has been variously deformed, arrested, normalized, and diffused – leaving the contemporary American legal academy in a state of suspended animation. This revised version was published online in July 2006 with corrections to the Cover Date.     

Subnational Determinants of National Multipartism in Latin America

Recent research points to the importance of subnational elections as variables shaping the national party system in federal states (Jones 1997b; Mainwaring and Shugart 1997; Samuels 2000). I propose that the effects of subnational elections are not limited to federal states but instead can be seen throughout the region. This paper examines the impacts of gubernatorial elections across eighteen Latin American countries during the most recent democratic period. The analysis suggests that intermediate subnational elections do exert an influence on national party systems, whether the state is federal or not, and particularly influence how many parties are elected to a legislature's lower house.     

“Deliberative Disagreement” in U.S. Health Policy Committee Hearings

The exchange of rationales among debate participants is necessary for legitimacy in a deliberative democracy. I show that witnesses in congressional committee hearings tend to use falsifiable rationales when they encounter moderate levels of disagreement and shift to nonfalsifiable rationales when they encounter extreme disagreement. I use data from a coding of hearings testimony on the Medicare program, held between 1990 and 2003, as well as from a survey of participating witnesses measuring their perceptions of disagreement at the hearing. The results identify conditions that enhance falsifiable discourse and help to establish the empirical grounding deliberative democratic theory.