论利益博弈中法官认证行为的规制

法官在关键证据的认定中会出现利益偏差并导致证据认定结论出现差异,这主要是对利益进行衡量的结果.利益衡量方法有助于提升法官的认证能力,但由于法官运用此方式的不规范性,因利益衡量偏差导致司法不公正的现象比较突出.利益衡量方法作为法学方法论,应当运用到法官证据认定环节.规范法官认证中的利益衡量应首先把握价值衡平方法,并在遵循一般规律的前提下依据不同诉讼形式分别采用不同的方法.     

Do Political Similarities Facilitate Interlocal Collaboration?

This research examines the extent to which political similarities—that is, homophily between political actors at the local level—affect patterns of interorganizational collaboration in an emergency response situation. While the field of emergency management has focused on implementation‐oriented arrangements among key stakeholders, few studies have systemically investigated the creation and development of interorganizational collaborations led by political actors, especially following catastrophic events. The analysis reveals that a dyadic tie with political homophily boosts local responders’ ties with other agencies during emergencies. Findings indicate that political solidarity, formulated by chief elected officials of municipalities and council members, can broaden the scope of interorganizational collaboration by mitigating institutional collective action problems at the local level. This research presents a critical recommendation for emergency managers that interlocal collaboration for timely response to a disaster is attributable to political similarities that facilitate frequent interlocal interactions through formal and/or informal agreements.     

Electoral infidelity: Why party members cast defecting votes

Party politics and electoral research generally assume that party members are loyal voters. This article first assesses the empirical basis for this assumption before providing individual‐level explanations for defection. It combines prominent theories from party politics and electoral behaviour research and argues that internal disagreement and external pressure can each bring about disloyal voting. The hypotheses are motivated with multi‐country European survey data and tested on two sets of party‐level national surveys. The results show, first, that, on average, 8 per cent of European party members cast a defecting vote in the last election, and second, that dissatisfaction with the leadership is the strongest predictor of defection. Additionally, internal ideological disagreement is associated with higher probabilities of defection, whereas the effects of pull factors in the form of contentious policies are rather limited. These findings emphasise the importance of testing scientific assumptions and the potential significance of party leadership contests.     

Of ‘Strong’ Leadership,Crisis Communication,and Pooper Scoopers: Change in the Queensland Public Service Under Newman

Governments have historically offered their workforce a public service bargain founded on stable pay and conditions and job security. However, while the Westminster system aims for public service employment to be protected from the whims of government, public servants are nonetheless affected by the political environment in which they operate and changes to this bargain can occur with a new government. This paper focuses on a Queensland public service change process that resulted in large‐scale forced redundancies, non‐renewal of temporary contracts, and legislative changes that nullified the provisions in job security, organisational change, and redundancy policies. Using communication as a lens through which to understand leadership, it examines how the government communicated with the public service about this organisational change, immediately before and after the 2012 election. In particular, through analysis of public and media commentary, speeches and Hansard records, it examines Premier Newman's change leadership and communication by contrasting pre‐election messages to the public service with post‐election messages about the public service and the justifications for change during this period of downsizing. This analysis is used to reflect on political leadership, communication, fair treatment, and trust in public service change.     

Government Communication Effectiveness and Satisfaction with Police Performance: A Large‐Scale Survey Study

For the last two decades, performance management theories and practices have focused on outcome‐oriented management but have paid little attention to the role of public communication. Using multiple large data sets from Kansas City, Missouri, for 2009–14, this research suggests that the perceived effectiveness of public communication has a more substantial impact on public satisfaction with police protection and crime prevention than neighborhood crime rates and broken windows factors and that perceived effectiveness moderates the negative impact of crime rates. After controlling for residents’ demographic characteristics, the authors find that the perceived effectiveness of communication is associated with public satisfaction with the content and quality of the city website and the government television channel. The implications for public safety management and police–citizen relations as well as directions for future research on public communication strategies and public performance management are presented.     

Time for a New Paradigm? Past and Present Transitions in Economic Policy

This article seeks to place the UK's present economic ‘moment’ in historical context. Over the course of the decade since the 2007 financial crisis, it has increasingly been acknowledged that a cyclical crisis has become a structural crisis. The failure of most economists to predict the financial crash in the first place, and the inadequacy of economic policy in responding to its lasting effects, has led many to conclude that economics itself is in crisis. This article seeks to contribute to a better understanding of the present period of disjuncture. Drawing on theories of paradigm shift from both the physical and social sciences, we argue that the speed of change in UK economic policy is comparable to the two major historical transitions that ended with the post‐war consensus and neoliberalism. We conclude by offering some remarks on how and where the present change might take us.     

Ideologically Sophisticated Donors: Which Candidates Do Individual Contributors Finance?

Individuals are the single largest source of campaign contributions, yet we know little about their motivations. For instance, the existing literature questions whether individual contributors sophisticatedly differentiate among candidates according to policy positions, particularly among same‐party candidates. We analyze this issue by combining data from a new survey of over 2,800 in‐ and out‐of‐state donors associated with the 2012 Senate elections, FEC data on contributors’ professions, and legislative records. Three major findings emerge. First, policy agreement between a donor's positions and a senator's roll calls significantly influences the likelihood of giving, even for same‐party contributors. Second, there is a significant effect of committee membership corresponding to a donor's occupation; this holds even for donors who claim that other motivations dominate, but it does not appear to be motivated by an expectation of access. Third, conditional upon a donation occurring, its size is determined by factors outside a legislator's control.     

Child Health in Elementary School Following California's Paid Family Leave Program

We evaluate changes in elementary school children health outcomes following the introduction of California's Paid Family Leave (PFL) program, which provided parents with paid time off following the birth of a child. Our health outcomes—overweight, ADHD, and hearing‐related problems—are characterized by diagnosis rates that only pick up during early elementary school. Moreover, our health outcomes have been found to be negatively linked with many potential implications of extended maternity leave—increased breastfeeding, prompt medical checkups at infancy, reduced prenatal stress, and reduced non‐parental care during infancy. Using the Early Childhood Longitudinal Studies (ECLS) within a difference‐in‐differences framework, our results suggest improvements in health outcomes among California elementary school children following PFL's introduction. Furthermore, the improvements are driven by children from less advantaged backgrounds, which is consistent with the notion that California's PFL had the greatest effect on leave‐taking duration after childbirth mostly for less advantaged mothers who previously could not afford to take unpaid leave.     

The Impact of Prenatal Exposure to Power Plant Emissions on Birth Weight: Evidence from a Pennsylvania Power Plant Located Upwind of New Jersey

To examine the infant health impact of prenatal exposure to power plant emissions, we draw scientific evidence on the impacted region downwind of a large polluter, a coal‐fired power plant located on the border of two states and proven to be the sole contributor to the violation of air quality standards of the impacted region. Our results show that among all live singleton births that occurred during 1990 through 2006, those born to mothers living as far as 20 to 30 miles away downwind from the power plant (which is also an affluent region) during pregnancy are at greater risks of low birth weight (LBW) and very low birth weight (VLBW): the likelihoods of LBW and VLBW could increase approximately by 6.50 and 17.12 percent, respectively. In light of the continual efforts of The U.S. Environmental Protection Agency in reducing cross‐state air pollution caused by transboundary power plant emissions, our study is aimed at broadening the scope of cross‐border pollution impact analysis by taking into account adverse infant health effects of upwind polluters, which can impose disproportionate burdens of health risks on downwind states due to air pollutants transported by wind.