经行政程序处理完的事情，当事人能否请求司法救济

请求司法救济是公民、法人运用法律武器保护自己合法权益的手段,但在司法实践中有些当事人不能正确运用法律武器保护自己的权利,且将行政程序处理完的事情请求司法救济。本文作者从几个方面分析了该案当事人的脱法行为,阐述了行政程序与法律程序在该案中适用范围及一事不再理原则在实践中的运用。     

Campaign-Finance Reform: A Public Choice Perspective

The Federal Election Campaign Act as passed in 1971 and amended in 1974represented landmark federal legislation. It imposed new restrictions oncampaign contributions and contained path-breaking provisions for the useof public funds to partially finance the campaigns of qualifyingpresidential candidates. The nominal intent of the legislation was torestrain the skyrocketing campaign costs and the feared abuses thatgrowing dependencies on such money engendered. Three decades later, withthe campaign spending ``arms race'' still raging. Congress sought toimpose further constraints on campaign spending with enactment of theBipartisan Campaign Reform Act of 2002 (BCRA). Competing theories ofgovernment regulation are reviewed to better understand the intent andlikely consequences of the 2002 legislation in particular and campaignfinance regulation in general. A simple model of the campaign spendingprocess highlights the likely causes of the rapid growth in campaignspending. Data and evidence are presented to test hypotheses concerningthe timing of and underlying motivations for BCRA.     

Social networks and non‐market strategy

To date, the field of non‐market strategy has little to offer in the way of an integrated perspective on the simultaneous management of strategic issues and corporate stakeholders. This paper employs social network analysis to make a number of theoretically grounded conjectures about the delicate relationships between stakeholder behaviour and issue evolution. It is found that social network analysis has the potential to enrich and integrate theoretical perspectives in the field of non‐market strategy, offering solutions to a set of previously unresolved puzzles. Copyright © 2004 Henry Stewart Publications     

Do school accountability systems make it more difficult for low‐performing schools to attract and retain high‐quality teachers?

Administrative data from North Carolina are used to explore the extent to which that state's relatively sophisticated school‐based accountability system has exacerbated the challenges that schools serving low‐performing students face in retaining and attracting high‐quality teachers. Most clear are the adverse effects on retention rates, and hence on teacher turnover, in such schools. Less clear is the extent to which that higher turnover has translated into a decline in the average qualifications of the teachers in the low‐performing schools. Other states with more primitive accountability systems can expect even greater adverse effects on teacher turnover in low‐performing schools. © 2004 by the Association for Public Policy Analysis and Management.     

Bonding in a High-Risk and a General Sample of Children:Comparison of Measures of Attachment and Their Relationship to Smoking and Drinking

Bonding in parent, peer, and school domains were compared in a general sample of children and a sample of children of methadone-treated parents. Bivariate comparisons revealed that children of methadone-treated parents had lower SES, and were significantly more likely to smoke cigarettes but not more likely to drink alcohol. Several measures of attachment were significantly different between the two samples across parent, peer, and school domains. Multivariate analyses indicated that the children of methadone-treated parents were more likely to smoke, even after accounting for the effects of demographic and attachment variables. For drinking, sample membership was not found to be significant. Attachment to school decreased the odds of both smoking and drinking in both samples. Peer attachment had no effect on the odds of smoking initiation; however,loyalty to best friend did predict increased odds of drinking initiation.     

The State of American Federalism, 1997 - 1998

Although it was a relatively quiet year for the courts and congressionalaction, 1997–1998 saw several developments that may significantlydefine federalism in the coming years. The 1998 federal budgetis projected to show a surplus, ending decades of deficit financinginWashington, D.C., but also raising questions about the budget'sfiscal impact on federalism and intergovernmental relations.Devolution took a back seat in Washington, D.C., as concernsabout managed care, education, and internet access led to proposalsfor increased federal involvement in state and local affairs.The states continued their implementation of welfare reformand launched other programs in health, environment.     

Interstate Cooperation: The Roles of the State Attorneys General

State attorneys general are major participants in intergovernmentalrelations in the United States. This article presents six modelsthat may explain their interactions with each other and teststhree hypotheses associated with two models. Their interactionscomport with the cooperative and the innovation-diffusion models.Only limited evidence supports the hostility model and its associatedhypothesis. No evidence supports the mercantilist and competitivemodels. The response from only one attorney general suggestedhis actions are based on the benign neglect model. The conclusionis drawn that the cooperative activities of the attorneys generalhave produced a more harmonious federal system in terms of enforcementpolicies.     

The Contested Council: Conflict Dimensions of an Intergovernmental EU Institution

Recent research has tried to uncover the political space in which the Council of Ministers of the European Union decides. Rather than the left-right conflict or a cleavage between governments with national and supranational attitudes, this article shows that a redistributive dimension, decisively shapes the interactions in this most important legislative body of the European Union. In contrast to extant studies, we employ ex ante rather than ex post preference data and rely on correspondence analysis as a means to identify the underlying dimensions of contestation. The article concludes with an empirical investigation of how enlargement will affect the emerging political space within the European Union. Our quantitative analysis suggests that the gulf between net-contributors and net-receivers will further deepen.