论法律因果关系与条件的关联性

从司法判例入手,讨论原因与条件之间的逻辑关联性是认识因果关系理论的新视角。当一个现象(事由)成为另一个现象(事由)的必要条件同时又是其充分条件时,这样的条件就构成法律视野中的原因,这样的条件(现象)与后续现象(结果)之间构成因果关系。     

University–Industry Linkage Framework to Identify Opportunity Areas

Although there are many studies of the collaboration between academia and industry in developed countries explaining the phenomenon and prescribing best practices, the findings cannot be extrapolated to developing countries. This article fills the gap by studying these interactions for the case of Mexico. To study these interactions, we performed a state‐of‐the‐art matrix analysis to obtain internal, structural, and environmental factors from literature. Then, an interpretative structural framework was built as a model to identify opportunities in the collaboration process. The results are presented in a map that describes how each element influences the others and highlights opportunities for improvement. The model shows that industry triggers collaboration and presents a highly complex internal organization for the academy. This study helps decision makers in government, the academy, and industry to understand the elements and how the system works to develop strategies that promote more effective collaboration.     

Political Institutions and Pollution: Evidence from Coal‐Fired Power Generation

What is the relationship between political institutions and air pollution generated by the power sector? Here we focus on the association between democracy and power generated from coal, the most polluting of all fossil fuels. Using a new dataset on coal‐fired power plants commissioned between 1980 and 2016 in 71 countries, we find that the relationship between democracy and coal varies according to the environmental Kuznets curve logic. Democratic political institutions at lower levels of economic development are correlated with increased commissioning of coal power plants, as governments seek to appeal to an electorate prioritizing economic growth and affordable energy access. As a country becomes richer, democracy comes to have a negative association with coal power, as clean air becomes a more salient issue for the public.     

The States Come Marching In: Examining State Agency Influence on Federal Rules

Amidst congressional gridlock, administrative rulemaking is the main pathway for environmental policy making. Scholars have assessed the role of the institutions of government (the president, Congress, and the courts) and key interest groups (i.e., business and environmental interests) in shaping rulemaking outcomes. What is missing from this literature is an assessment of the role of key implementers, state environmental agencies. This research fills this gap by assessing the role and impact of state government agencies in three case studies of rulemaking at the Environmental Protection Agency (EPA). Based on original interviews and a public comment analysis, this research suggests that state agencies play an active and influential role in EPA rulemaking. And, in some cases, state agencies wield more influence than other interest groups. Interviewees argued that this influence stems from these agencies’ unique voice as an implementation collaborator. As a result, researchers should incorporate an assessment of the role of these interests to more effectively explain regulatory outcomes at the EPA and potentially across the bureaucracy.     

Framing Contests and Policy Conflicts over Gas Pipelines

This paper compares and contrasts high‐conflict policy debates over the siting of three natural gas pipeline projects at different decision stages of the siting process. This paper draws on over 600 newspaper articles spanning 3 years, analyzed through Discourse Network Analysis. Drawing from the Advocacy Coalition Framework and Policy Conflict framework, this paper finds that actor framing of opposing policy beliefs involves more indirect than direct confrontations, with statements in the media waxing and waning over time. Opponents of the pipelines more often explicitly argue against pipelines, while also using a broad range of conceptual arguments, whereas proponents more often couch their arguments around the economic benefits of pipelines and use fewer conceptual frames overall. We also find evidence that opposing coalitions use similar framing across different decision contexts. This paper concludes with a commentary on the status and contributions of this paper to the study of policy conflicts and next steps in advancing similar research agendas.     

Technological Distribution in Uganda: Information and Communications Technology and the State in an Eastern African Nation

Information and communications technologies (ICTs) include old technologies—such as the radio and the television—as well as newer technologies—such as the Internet and wireless telephony. This study considers the process that the government of Uganda has used to adopt and implement ICT policy. This study also considers the techniques which the government of Uganda has used to distribute ICTS in public locations such as government offices, schools, and hospitals. In particular, this study attempts to consider the political motivations for distribution. The Ugandan government's attempt to distribute this technology reflects strengths in the area of distribution of artefacts, particularly to rural areas. Information and communications technologies are an important part of the Ugandan economy. In addition, ICTs strengthen the ability of citizens to communicate with each other across regional and language borders through shared access points. Methodologically, this paper uses the case study method. Semi‐structured interviews were conducted with politicians, policy makers, civil society activists, citizens, academics, medical personnel, regional government officials, and business people. This paper argues that politicians use ICTs as a component of a basket of goods and services that they can distribute to witnessing publics. This paper argues that ICT should be viewed as a type of infrastructure, and that as a public good, it can be used as a “club” good or “pork.” Although several authors discuss the potential of ICTs as democratizing, this paper documents that the Ugandan government has employed ICTs in oppressive ways, including for the surveillance of opposition leaders, and for social control.     

Control de motivación de fallos en la corte de estrasburgo

Strasbourg Court's case-law, point out the framework for the duty to give reasons, avoiding theoretic constructions. In this way, don't review the domestic statutes either the finds of national authorities.     

Mediación y jurisdicción voluntaria en el marco de la modernización de la justicia. una aproximación a la legislación española

The legal maxim Justice delayed is justice denied, but is now a reality. People demanding agility and require a solution promptly and fairly close to its interests, it is fitting that in a world dominated by technology, legal and administrative bureaucracy around the delivery of justice to maintain a slow pace. At the international level seek ways of economic and prompt settlement of disputes in this way are promoted among various legal means, first voluntary jurisdiction otherwise the mediation, it is both streamline procedures, however the legal for each is different. The analysis of the article focuses on the legal experience and valuing Spanish first draft Voluntary Jurisdiction Act and the Act on civil and family mediation to establish its various functions in search of an agile and real justice.     

Ley suprema y derechos humanos en méxico

In this essay I claim that human rights incorporated in the mexican legal order by means of the Constitution, internacional treaties, judicial decisions of federal courts and other legal sources, constitute the supreme criteria for qualifying the legitimacy of legal norms through a conventionality process that includes different stages.