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。     

Black Cities/White Cities: Evaluating the Police

It is well known that African Americans and whites hold different views of the police, but nearly all of the previous research has been conducted in majority white settings. This research examines the relationship between race and evaluations of the police in majority black versus majority white contexts. Social dominance theory and the research on racial threat predict that when the racial majority changes, the relationship between race and attitudes toward police will change. We find that, in majority black contexts, the traditional relationship between being black and having negative evaluations of the police disappears, and it disappears because whites' evaluations of the police become more negative. Black evaluations of the police are relatively consistent across racial contexts. Also, white racial attitudes affect police evaluations in majority black contexts, but not in white contexts, while African American racial attitudes are inconsequential in both contexts. Furthermore, if a white citizen is victimized by crime in a black city, it has greater ramifications for evaluations of the police than if the victimization had occurred in a white city. All of this suggests that whites' views of the police may be more racialized than the views of African Americans.     

Acts of Faith: Churches and Political Engagement

Many observers suggest that white evangelical Protestant churches serve to mobilize their members into politics, while others argue that they encourage withdrawal from political life. This paper reconciles these two claims. I hypothesize that the time members of evangelical Protestant denominations spend in service to their church comes at the expense of participation in the wider community, contrary to the way mainline Protestant and Catholic churches foster civic activity among their members. However, I further hypothesize that the tight social networks formed through this intensive church activity can at times facilitate rapid and intense political mobilization. Data from the Citizen Participation Study supports the first hypothesis, while applying King's method of ecological inference to two elections in Alabama supports the second.     

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.     

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.     

Risky Drinking and Driving/Riding Decisions: The Role of Previous Experience

Factors related to risky drinking and driving/riding decisions were explored by presenting vignettes to 135 older adolescents, 17–24 years of age, with vignettes related to drinking and other social behaviors engaged in at a party. Analyses revealed that alcohol-related behaviors, attitudes toward the acceptability of drinking and driving, and previous drinking and driving/riding experiences were all significant predictors of decisions about driving or riding while intoxicated. Indeed, the overall model accounted for 46% of risky drinking and driving/riding decisions. As predicted, older respondents had more previous experiences with driving while intoxicated and riding with intoxicated drivers than did younger respondents, and they reported that drinking and driving was more acceptable among their peers. However, contrary to expectations, there were no differences in the number of risky decisions made by the two age groups or between males and females. The importance of previous experiences is discussed.     

Service Efforts and Accomplishments Reporting: Has Its Time Really Come?

In April 1994 GASB released Concepts Statement No. 2, Service Efforts and Accomplishments Reporting , bringing required SEA external financial reporting a very large step closer to reality. Before long, public financial officials may be required to annually report measures of performance. We are now about halfway through the experimentation phase established in Statement 2. This article summarizes the status of GASB's SEA experimentation process. It then suggests important behavioral, auditing, and other issues which GASB ought to address before proceeding with any formal pronouncements regarding SEA reporting requirements.     

Common law environmentalism

The necessity to control environmental externalities is almost invariably given as justification for command-and-control regulation and other forms of state intervention in related markets. When even mentioned, common law remedies that protected environmental rights for centuries are quickly dismissed as either being unworkable or ineffective. A review of the common law experience indicates that the rule of law can be effective in protecting environmental rights. Indeed, it is quite possible that common law was too effective, which led to special interest demand for statute law. The rule of politics may be more attractive to rent seekers than the rule of law and markets.     

Being Canadian: Citizenship in Canada

This article analyses interviews conducted in 1996–97 with 78civic leaders in Hamilton, Ontario, Canada. In part, the interviews focused on what it means to respondents to be Canadian. Among the respondents were 36 immigrants and 23 persons not of European ancestry, including four aboriginal people. The article addresses the challenge of creating a sense of citizenship—a moral sense of belonging—among a population of increasingly diverse origin in anglophone Canada. The argument proposed is that despite the diverse ancestral and geographical origins of the inhabitants of the country, Canadianness exists. Canadians, both native‐born and immigrants, recognize themselves as Canadians. They do so because they recognize the opportunities and freedoms available to them in Canada, and the day‐to‐day respect they enjoy. To be Canadian and recognized as such by others is meaningful. Even very recent immigrants do not define themselves primarily as members of their ancestral cultural communities. Spinner's concept of pluralistic integration seems a better way to describe Canadian society than the popular concept of multiculturalism.