日本公务员制度改革述评

随着桥本内阁在世纪之交进行的行政组织改革目标的实现,日本公务员制度改革被提上了政府改革的议事日程。经过多种改革制度的探索,2001年12月,日本内阁会议通过《公务员制度改革大纲》明确了改革的方向;随后经过各方的探讨和论证,2008年7月日本国会通过《公务员制度改革基本法案》。至此,日本公务员改革的政策最终确立。本文在分析日本公务员制度改革的背景和具体内容的基础上,进一步对这一改革做出了分析和评价。     

The Real Story Behind the Nation's First Shield Law: Maryland, 1894–1897

Blame it on H.L. Mencken. His unsupported account of how Maryland adopted the nation's first shield law in 1896 has been repeated in books and articles for seventy-five years, but it was a fabrication based on shoddy reporting. This article will show the law was not prompted, as Mencken claimed, by the jailing of Baltimore Sun reporter John T. Morris but by the criminal indictments of reporters John S. Shriver and Elisha J. Edwards in 1894. Passage of the law was not connected to local events but was sparked by a scandal unfolding in Washington. The drive for a shield law was not isolated to Maryland but was part of a national lobbying campaign that included talk of a federal shield law. Finally, that campaign did not emanate from The Baltimore Sun but from The Baltimore American.     

Brute Force (Anti) Federalism

States are engaging in brute force (anti) federalism, where both sides of the political spectrum push agendas that extend beyond the Founder's early ideal of balanced federalism, using popular support and special interest groups' interests as their springboard. These trial-and-error tactics increase vertical and interstate horizontal frictions, create political and economic challenges for businesses, and increase American polarization. However, they also allow states the opportunity to force an increasingly stalemated federal government into action. This article introduces the concept of brute force (anti) federalism by first examining the evolution of modern federalism. It then offers a sampling of state brute force efforts, analyzes the effect of popular momentum and special interest groups on state political activity, advances broad-based perspectives surrounding brute force (anti) federalism, and poses additional questions to be considered.     

Case Baiting

In 2014, New Jersey passed the Sports Wagering Act, permitting sports betting at state casino and racetrack venues, in direct conflict with the federal Professional and Amateur Sports Protection Act. In 2017, South Dakota passed Senate Bill 106, requiring that certain e-commerce retailers collect and remit sales tax, in violation of federal law. The two U.S. Supreme Court decisions arising from challenges to these state statutes—South Dakota v. Wayfair and Murphy v. NCAA—exemplify U.S. Supreme Court “case baiting.” Case baiting is a tactic states implement to challenge federal directives by passing state legislation that directly conflicts with federal law to lure the Court into granting certiorari and ruling in their favor. This article argues that South Dakota's and New Jersey's triumphs pave the way for other jurisdictions to pursue similar strategies across multiple legal issues such as abortion restrictions and immigration law. In addition, this article suggests that case baiting invites further scholarly exploration of important policy considerations, including the use of this tactic as a novel approach to the application of law and strategy, whether case baiting promotes the Court's progression toward a more quasi-legislative role, and whether passing conflict legislation violates state legislators’ oaths of office.     

General Motor Holden's closure in Playford,South Australia: Analysis of the policy response and its implications for health

Deindustrialisation and the closure of automotive manufacturing can differentially affect the socioeconomic prospects of workers and their communities, and contribute to social and health inequity. We used Bacchi's problematisation approach to examine the South Australian (SA) Labor government's policy responses to the General Motors Holden (GMH) Elizabeth plant closure announcement. We focused on the way that these policy responses framed the ‘problem’ of this major economic shock, particularly the extent to which potential social and health equity consequences were addressed. We found a narrow focus on economic strategies, neglecting the compounding impact of poverty in Playford, which may exacerbate health inequity. The community effects from the GMH closure remain uncertain and may be delayed for several years. SA requires better integrated social and economic policies to minimise social and health inequalities, as the consequences of the car manufacturing loss are realised.     

Agents of Change or Unchanging Agents? The Role of Lawyers within Russian Industrial Enterprises

The transition from state socialism toward market capitalism has led to an almost endless supply of new laws and legal institutions. Industrial enterprises need to adapt to this new institutional regime. In-house lawyers are well placed to be agents of change in facilitating this adjustment. Using survey data from 328 Russian enterprises, the article examines the role of company lawyers, asking whether they have fulfilled this potential. Legal expertise is not in short supply, but lawyers are marginalized within the enterprise. They focus on established, routine tasks, such as handling labor relations or drafting form contracts, rather than on shaping enterprise strategies in the newer areas created by the transition, such as corporate governance or securities law. The failure of in-house lawyers to emerge as agents of change in Russia reflects a continuation of their low status during the Soviet era and the lack of professional identity among these company lawyers.