The anglicisation of political marketing: how Blair ‘out‐marketed’ Clinton

Despite increasing academic interest in political marketing, confusion remains over its meaning and scope. Whilst most research focuses on its use in election campaigns, some argue that marketing influences other aspects of political behaviour. This paper contends that a lack of comparative research has contributed to this confusion. Theories derived from country‐specific studies may not be broadly applicable due to the impact of systemic differences. To show this, it analyses the case studies of Clinton in the 1992 US presidential election and Blair in the 1997 UK general election. Comparing the use of marketing in the two cases reveals that while systemic features created the scope for a broader, more coordinated and delivery‐oriented approach in the case of Labour, in both cases marketing influenced the design as well as the presentation of the ‘products’ on offer. This suggests that the potential applications of political marketing are broader than conventional definitions imply. Copyright © 2002 Henry Stewart Publications.     

“东向行动”下印越合作新发展及其对华影响

2014年印度总理莫迪当选后将“东向”政策升级为“东向行动”政策,期望凭借印度在南亚次大陆的地缘优势,寻求南亚霸权的同时,向东扩展自己的战略利益。基于地缘政治和区域战略的需要,越南成为莫迪政府的“东向行动”政策的重要战略支持,两国不断推进多渠道的联系与交往,并逐步发展成为全面战略伙伴关系,在双边和多边层次上加强政治、军事、安全、经济等多方面的合作。尽管印越两国合作是基于战略和安全的现实需要,但由于两国均为中国邻国,且当前两国仍与中国存在着领土争端,因此在战略上相互借力,平衡中国在区域内的影响就成为两国发展伙伴关系的重要目标,印越两国在各领域的合作也在一定程度上对我国的周边安全环境造成了影响。     

Creating Stable Agreements in Marine Policy: Learning from the California South Coast Marine Life Protection Act Initiative

In this article, we examine the California South Coast Marine Life Protection Act Initiative stakeholder process, evaluate its shortcomings, and consider what could have been done differently. Our objective is to make recommendations to improve future multi‐stakeholder marine policy processes. In our view, while the South Coast stakeholder process had many positive outcomes, it failed to reach what we call here a “stable agreement.” Our analysis is based on two of the authors’ involvement (one as a facilitator and the other as a stakeholder representative) in the process and a post‐hoc survey of participants. We find that several ill‐advised process design and management choices significantly destabilized the negotiations, leading to an ultimately unstable agreement. We highlight four major problematic process design and management decisions, including the following: representation on the multi‐stakeholder group was imbalanced, the pre‐meeting caucuses were not paired with training in interest‐based negotiation, adequate incentives to negotiate toward a consensus agreement were not provided, and the use of straw voting at one point in the process was unclear and inconsistent. As a result of these and other process design and management flaws, many stakeholders believed that the process was biased and that their ends would be better achieved by anchoring negotiations and engaging in positional bargaining. Ultimately, this meant that near‐consensus on a single cross‐interest marine protected area proposal was not reached, the scientific guidelines put forth were not fully met, the process was not and is not viewed as fair by the stakeholders directly or indirectly involved, and the marine protected area regulations lack broad‐scale support. These pitfalls of the South Coast stakeholder process could have been avoided had the management and facilitation team consistently followed best practices in dispute resolution. We recommend that future marine planning processes learn from this example, particularly those occurring in highly complex, urban ocean environments.     

The Place of Wishes and Feelings in Best Interests Decisions: Wye Valley NHS Trust v Mr B

In Wye Valley NHS Trust v Mr B the Court of Protection decided that it was not in the best interests of Mr B to receive amputation surgery against his will, notwithstanding that he would die without the treatment. The judge met with Mr B in person and his best interests decision placed significant weight on Mr B's wishes and feelings. This case note considers this influential case in the context of ongoing debate about the place of wishes and feelings in best interests decisions under the Mental Capacity Act 2005. It considers the history of the best interests principle, its interpretation by the Supreme Court in Aintree University Hospitals NHS Foundation Trust v James, ongoing debates about its compatibility with Article 12 of the United Nations Convention on the Rights of Persons with Disabilities, and recent proposals by the Law Commission for statutory amendments to the Mental Capacity Act.     

The Adoption and Safe Families Act: Proposing a “Best Efforts” Standard to Eliminate the Ultimate Obstacle for Family Reunification

The Adoption and Safe Families Act of 1997 (ASFA) was enacted in an attempt to expedite the child's permanency plan by pushing for adoption of children in foster care. The ASFA requires the U.S. Department of Health to make reasonable efforts to reunify and preserve existing families while rewarding the states for increased adoption of foster care children. The ASFA was enacted to ensure the best interests of the child are to remain paramount, but in practice, the ASFA is furthering the best interests of the state. This Note proposes amendment of the ASFA to increase the obligation of the Department of Social Services (DSS) to make its best efforts to preserve and reunify the existing family unit, while also imposing a penalty if the DSS fails to do so.     

危机决策模式的选择性应用——以1995～1996年台海危机期间克林顿政府的决策过程为例

选择性利用国际危机模式对危机决策进行系统的分析,有助于摆脱单一模式分析的困境,深化对危机决策的理性认知和把握.组织过程决策模式可以对危机潜伏期的决策进行合理的解释.李登辉访美是组织过程决策的结果.但随着危机形势的发展,理性决策、组织过程决策和官僚决策开始综合产生作用.在危机高潮阶段,危机决策成了纯粹的官僚决策的过程.在危机的不同阶段,与危机处理紧密相关的功能性部门在决策中发挥主导性影响.     

The use of economic analysis by the Supreme Court in applying the concept of the relevant market

Attention by the courts to what constitutes a market has resulted from litigation enforcement by both the Federal Trade Commission and the Antitrust Division of the Department of Justice, especially in connection with the amended section 7 of the Clayton Act. The termmarket is not mentioned in either the Clayton or the Sherman Acts. What constitutes a part of commerce, a line of commerce, or section of the country has been interpreted by the courts to mean a market. A market in antitrust administration then becomes judicial—a process of interpreting the language of the antitrust statutes.     

持有型犯罪争点探微

持有型犯罪中争论较大的两个问题就是持有的构成与持有的性质。持有是主客观的统一 ,只要行为人主观上认识到所持物的存在、客观上控制特定物品就可构成持有 ,无需认识所持物品的性质 ,控制并不受时空限制。刑法中的行为不同于自然意义的行为 ,它是具有社会意义的人的举止 ,因此否认持有的行为性是没有根据的。作为与不作为的界限在于所违反规范的类型 ,持有作为第三种行为类型无论在形式逻辑上还是事实上都不能成立。持有的性质只能视具体情况而定 ,通常情形是不作为 ,在仅有获取持有行为时才是作为     

The Hate Crime Canon and Beyond: A Critical Assessment

Although it remains an empirical question whether the U.S. is experiencing greater levels of hate-motivated-conduct than in the past, it is beyond dispute that the concept of ‘hate crime’ has been institutionalized in social, political, and legal discourse in the U.S. From the introduction and politicization of the term hate crime in the late 1970s to the continued enforcement of hate crime law at the beginning of the twenty-first century, social movements have constructed the problem of bias-motivated violence in particular ways, while politicians at both the federal and state level have made legislation that defines the parameters of hate crime. Accordingly, this article identifies and examines the parameters of a hate crime canon in the U.S., which can first and foremost be described as a body of law that 1) provides anew state policy action, by either creating anew criminal category, altering an existing law, or enhancing penalties for select extant crimes when they are committed for bias reasons; 2) contains an intent standard, which refers to the subjective intention of the perpetrator rather than relying solely on the basis of objective behavior; and 3) specifies a list of protected social statuses, such as race, religion, ethnicity, sexual orientation, gender, disabilities, etc. Arguing that these features constitute the core parameters of the hate crime canon and attendant discourse in the U.S., this article offers a critical assessment of the emergence, institutionalization, and arguable consequences of ‘hate crime’ as a recently developed social fact - in the Durkheimian sense of the word - that is consequential for the politics of victimization in the modern era and the social control of violence against minorities more particularly. This revised version was published online in July 2006 with corrections to the Cover Date.     

A Challenge for Police-Community Relations: Rethinking Stop and Search in England and Wales

This article presents research carried out as part of a government research programme looking at how police tactic of 'stop and search' in England and Wales. For many years, figures which have shown a higher rate of stop and search of minority ethnic groups, particularly black people, have provoked much controversy, and have been seen by many as a manifestation of police racism. This article reviews the way in which stop and search impacts on public confidence, with particular reference to those from minority ethnic groups. It goes on to explore its role within policing, including an examination of its effectiveness against crime and the evidence for racism in police practice. Following from this, it considers how stop and search can be used in a way that minimises negative impacts on the community and maximises its effectiveness against crime.