美国应对环境犯罪的行政范式与刑事对策

近几十年很多国家在立法上均强化对生态环境的保护。在美国，实施环境犯罪的公司受到刑事侦查者最密切的注意；在环境犯罪研究领域，个案研究成为基本内容，理性选择理论则成为最重要的理论假设。     

“Delinquent Boys”: Toward a New Understanding of “Deviant” and Transgressive Behavior in Gay Men

Cultural criminology suggests that crime, deviance, and transgression are often subcultural in nature. For this reason, cultural criminologists often focus on the simultaneous forces of cultural inclusion and social exclusion when explaining criminal, deviant, or transgressive behaviors. This is a particularly useful bricolage for examining contemporary gay deviance and transgression—behaviors that are perhaps closely linked to (if not directly caused by) the past isolation, marginalization and/or oppression of homosexuals by Western heteronormative societies. It is also useful for understanding behaviors that are the result of marginalization and oppression from other sources, namely, the gay community itself. Using subcultural theories of deviance—such as those favored by cultural criminologists—this article explores a perspective that can be used for exploring certain forms of gay deviance and transgression. First, some of the more ostensible criminological theories that satisfy a prima facie criminological inquiry will be presented and critiqued: labeling and stigma, and resistance to heteronormativity. To these will be added a new and potentially productive way of thinking that takes into consideration rule-breaking as a form of resistance to homonormative norms, values and rules.     

Ethnicity, trust, and acceptance of authority among police officers

This article examines the factors that influence the willingness of police officers to comply with decisions made by police command staff. In particular, this research focuses on the extent to which officer ethnicity interacts with perceptions of procedural justice in influencing officer compliance. The data for this study were drawn from an anonymous mailed survey (n = 648) examining officer attitudes toward the complaint investigation process in one large municipal police department. Structural equation modeling demonstrates that ethnicity does influence officer compliance, but only weakly and indirectly. Latino/a officers are less likely to report trust in police internal affairs than White officers, and thus somewhat less likely report that they are willing to comply with command staff decisions. Other factors, such as morale, perceptions of procedural justice, and rank, prove to be much more powerful predictors of officer compliance than ethnicity.     

Genuine Auto Parts v EPA: How to Challenge Agency Findings of Fact

Abstract

This article discusses how to challenge decisions of fact made by administrative agencies, based on a recent federal appellate decision in which a decision by the Environmental Protection Agency was overturned. In Genuine Auto Parts v EPA, the court concluded that the agency’s failure to address an important element of the matter made its decision “arbitrary and capricious” and “not supported by substantial evidence.” The article discusses the relationship between “arbitrary and capricious” and “not supported by substantial evidence” as independent grounds for overturning an agency decision and concludes that both require a challenge to the decision-making process, not a challenge to the substance of the agency decision and the both require a rational process so that an agency failure to articulate a reason for its decision can be grounds for reversal.     

QUESTIONS ABOUT FAMILY COURT DOMESTIC VIOLENCE SCREENING AND ASSESSMENT

Increasingly, family courts are seeking ways to focus limited resources on cases that require the most intervention, tailor court responses and dispute methods to each case, and account for the real differences among domestic violence cases. One of the means to that end may be the triaging or screening of cases. This article raises a number of questions about screening and urges that they be addressed by courts and communities that are considering whether and how to design a screening protocol. Issues include: How should we define domestic violence for the purposes of screening? Who should carry out the screening? How can we maximize the likelihood that we will fully assess the context of the violence in each case? How should we assess the risks or dangers inherent in the parties’ situation? How should a screening effort account for changing circumstances as a case proceeds through the courts? How can information gathered in a screening effort improperly impact subsequent decisions of the court?     

The Influence of Unobserved Factors on Position Timing and Content in the NAFTA Vote

e-mail: boehmke{at}umich.edu A variety of factors have been shown to influence position timingand the content of positions taken by legislators on importantissues. In addition to these observed factors, I argue thatunobserved factors such as behind-the-scenes lobbying and partyloyalty may also influence position timing and position content.Although hypotheses about observed factors can be tested usingtraditional methods, hypotheses about unobserved factors cannot.To test for systematic effects of unobserved factors on positiontiming and content, I develop a seemingly unrelated discrete-choiceduration estimator and apply it to data from the vote for theNorth American Free Trade Agreement. The results indicate thateven after controlling for observed factors, there is stillevidence that unobserved factors such as Presidential lobbyingand/or party loyalty influence both choices.