论仲裁员的管辖权与可仲裁性问题

针对仲裁员的管辖权与可仲裁性这两个容易混淆的问题,结合有关国际公约和各国法律分别进行深入探讨,并对中国当前存在的问题提出了建议.     

Changing Perceptions of Sexual Harassment in the Federal Workforce, 1987–94

Recent criticisms of sexual harassment law and workplace training policies contend that they have "sanitized" the workplace through their stigmatization of sexual expression that does not amount to actual discrimination. This study assesses some of the empirical foundations for those normative arguments. Using data from the U.S. Merit Systems Protection Board's 1987 and 1994 surveys, we examine differences over time in federal workers' perceptions of what types of behavior constitute sexual harassment. The article draws on a sociolegal theory of the endogenous nature of law as well as research on perceptions of sexual harassment. We hypothesize that, because of increased attention to sexual harassment, and to the hostile environment theory specifically, by scholars, judges, and the news media, and related policy changes in workplace training programs, federal workers likely came to view a wider range of sexual conduct as constituting harassment during this time period. The results support our expectations. We also find that sexual harassment training in their agency increased workers' likelihood of viewing both hostile environment behavior and quid pro quo behavior as harassment.     

How iron is the iron law of oligarchy?

Abstract. Probably the most famous dictum about parties' internal structures is Robert Michels' 'iron law of oligarchy'. Over the past two decades, however, the societal context within which parties are embedded has begun to change which may alter the psychological premise upon which Michels' law is based. More specifically, we hypothesize that New Politics proponents within established parties are disproportionately likely to rely on cues from local party branches, instead of leadership cues, in forming issue positions on intra-party controversies. Accordingly, this paper analyzes the influence of New Politics issues on the leadership-constituency views of party delegates within fifty-two West European parties. In addition, we analyze the relative contribution of party ideology and party structures to the evolution of mean party support for NP policies and constituency orientations. The data base for this paper is a unique study of convention delegates conducted in all major West European parties, and a study of party characteristics. We find that New Politics supporters, especially within socialist parties, are predisposed to emphasize the representation of their local party constituency, in case the views of local party branches and a party's national leadership clash. We assess the implications of this research for parties and party theories, especially Michels' law.     

Sources of Competition in State Legislative Primary Elections

Primaries are an important but understudied component of American elections. In this article, I examine competition in state legislative primaries across 25 states during the 1994 and 1996 election cycles. My findings indicate that competition varies greatly and is affected by a number of factors on the state and district levels. The presence of an incumbent reduces competition, but strong district support for a party leads to greater competition in that party's primaries. Population size and social diversity do little to affect competition, but urbanism and unified party control have a positive impact. Further, legislative professionalism is associated with greater competition, particularly in open‐seat races. Overall, the results have important implications for theories about the conditions that enhance or inhibit competition across different types of elections.     

RESOURCE ALLOCATION IN LEGAL SERVICES: Individual Attorney Decisions in Work Priorities

This article explores the issues of professional decision-making in legal resource allocation by examining theoretical models of professional decision-making, and applying them in the provision of legal services for the poor. Data collected from time sheets completed by attorneys in an urban legal services program suggest the relative importance of bureaucratic, external, client-centered, ideology, personal, and role concept factors in allocating time for practice routines. The implications of these findings for the rational (i.e., cost benefit) determination of the value of legal services are discussed.     

RADICAL CRIMINOLOGY: An Explication

This study addresses the current controversy involving radical criminology. It is argued that much of the polemic related to radical criminology is directed at a “straw man.” a monolithic conception of the perspective that fails to consider important philosophical, theoretical, practical, and nominal dfferences among those who write radical criminology (i.e.p “radical criminologists”). Furthermore, although radical criminologists share many philosophical, theoretical, and practical assumptions, it is emphasized that they hold to these shared assumptions with dffering degrees of sensitivity, sophistication, andsubtlety a point often ignored by critics and enthusiasts alike. Consequently, this study explicates not only some of the shared assumptions of radical criminologists, but also some of the dfferences.     

PERIODICAL PRESTIGE IN CRIMINOLOGY AND CRIMINAL JUSTICE: A Comment

This study examines the problems involved in measuring prestige of periodicah in criminology and criminal justice via subjective evaluations. An alternative measure of journal eminence based on citation frequency is developed. The differences in journal rankings derived from these contrasting methods are assessed.