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。     

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.     

Competitive Institution Building: The PT and Participatory Budgeting in Rio Grande do Sul

In the late 1990s, the Workers' Party (PT) government of the Brazilian state of Rio Grande do Sul introduced participatory budgeting, a process in which citizens establish annual investment priorities in public assemblies. This innovation was one of several attempts by incumbent parties to structure political conflict using budget institutions. The character of participatory budgeting is most evident in its policymaking processes and policy outcomes. The process circumvented legislative arenas where opponents held a majority, privileged participation by the PT's voter base, and reached into opposition strongholds. The outcomes favored the interests of potential supporters among poor and middle-class voters. The political project proved vulnerable to its own raised expectations: it failed to sustain the image of clean government; brought tax increases along with fiscal insecurity; and left unfulfilled the participants' expectations for targeted investments. This article highlights the role of participatory budgeting, indeed all budgeting, in partisan actors' institutional choices.     

Court turns a DEF ear to opponent's entreaties

Where the previous owner of a company gives a third party theauthority to register trade marks abroad in its own name, thatauthority remains an effective basis upon which to apply fora Community trade mark even where events subsequent to the givingof the authority would appear to be of contrary effect.     

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.