American Indian Tribes: ``Not as Belonging to But as Existing Within'

This article is an extended analysis of the historyand anomalies in the doctrine of American Indiantribal sovereignty. I explain that America gainedindependence, but took Indian land and colonized thetribes just as it had been colonized under theBritish. It asserted sovereignty for itself, butsubordinated the once independent tribes with aparadoxical semi-sovereign status as `dependentdomestic nations', all of this justified by the racialand cultural otherness of Indians. Using a Lacanianperspective, I show that America was founded on a`wound' or inconsistency at the heart of itsideological and constitutional order. In order torectify the inconsistencies that the initial `wound'produces, the law and political order havecontinuously had to adopt fictions (legal and racial). American law and policy has never been able to settlethe ambiguous doctrine of Indian sovereignty. As aresult, the law circles round and round in trying todefine it, and asserting and denying it, all in anunsuccessful attempt to make the constitutional orderwhole. It cannot succeed, however, since the ultimatesolution is an American sovereignty which, like God,admits of no limitation.     

美国外交中的"扩张主义"根源

美国政治家制定外交政策和进行外交政策辩论时,总是受着意识形态的影响.二战之后,由于美国国力一直处于不断增长的过程之中,使美国意识形态的扩张主义特性更加鲜明.从历史、传统、文化等方面探究美国"扩张主义意识形态",是把握美国外交特征的重要视角.     

The dynamics of candidate evaluations and vote choice in 2008: looking to the past or future?

In this paper, we leverage a 10-wave election panel to examine the relative and dynamic effects of voter evaluations of Bush, Palin, Biden, McCain, and Obama in the 2008 presidential election. We show that the effects of these political figures on vote choice evolves through the campaign, with the predictive effects of President Bush declining after the nominees are known, and the effects of the candidates (and Palin), increasing towards Election Day. In evaluating the relative effects of these political figures on individual-level changes in vote choice during the fall campaign, we also find that evaluations of the candidates and Sarah Palin dwarf that of President Bush. Our results suggest a Bayesian model of voter decision making in which retrospective evaluations of the previous administration might provide a starting point for assessing the candidates, but prospective evaluations based on information learned during the campaign helps voters to update their candidate preference. Finally, we estimate the “Palin effect,” based on individual-level changes in favorability towards the vice-presidential nominee, and conclude that her campaign performance cost McCain just under 2% of the final vote share.     

金融危机形势下美国青年志愿精神高涨之动因探析

志愿服务工作的发展是美国社会发展的重要驱动力。在金融危机形势下,美国民众尤其是美国青年投身志愿服务事业的热情不减反涨,志愿者创造的社会价值达到美国历史的最高峰。究其原因包括:美国政府的鼓励、美国企业的支持、大量非营利性组织的存在都为美国青年参与志愿服务提供了重要平台;此外,美国各高校也为多元化的志愿服务指导体系提供了切实保障;而有益的职业生涯发展更是美国青年积极投身志愿事业的内在动力和强烈意愿。     

Ancestral analysis of a Native American Ecuadorian family with congenital insensitivity to pain with anhidrosis

Congenital insensitivity to pain with anhidrosis (CIPA) is an extremely rare autosomal recessive disorder characterized by self-mutilating behavior, unexplained fever, inability to sweat and intellectual disability. CIPA pathogenesis is associated with genetic loss-of-function mutations of the NTRK1 gene, which is auto phosphorylated activating intracellular signaling transduction such as cell survival, growth and differentiation. CIPA occurs with an incidence of 1 in 125 million newborns, and only some hundreds of cases have been reported worldwide. Most of cases have been reported in Asian countries. Here, we estimate the ancestral proportions of a family with consanguinity background affected with CIPA, who carries the missense pathogenic mutations rs80356677 (Asp674Tyr) in the kinase domain of NTRK1 and rs324420 (Pro129Thr) in the FAAH gene. The ancestral proportion was calculated through 45 ancestry informative markers (AIMs) and the comparison was done through the Human Genome Diversity Project panel. The resulting allele frequencies in CIPA family indicate a prevalence of the Native American ancestral component with 87.9%, and minor proportion for the European (8.9%) and African (3%) components. In conclusion, the genetic variations expressing CIPA in a Native American Ecuadorian family could have been caused by the insertion of certain genetic characteristics, which have been passed down from common ancestors as consequence of migration towards South America.     

Mental health,substance use,and offending patterns among Native American youth in juvenile detention

Research has shown that youthful offenders in the juvenile justice system report an array of substance use and emotional and other mental health needs. The current study closely examined these issues in a large national sample (n = 539) of Native American youth drawn from the Survey of Youth in Residential Placement. Results demonstrated that frequent substance use was associated with the likelihood of being detained for a drug offense, while emotional and mental health needs were associated with detention for the most serious offenses. These results highlight the need for comprehensive substance use and other mental health assessments for Native American youth in the juvenile justice system.     

20世纪60年代美国政府应对青年反战思潮的方式及其启示

20世纪60年代,美国政府对青年反战思潮的不同应对方式产生了不同的结果:谎言和暴行使青年反战思潮激化,而法治传统所蕴涵的宽容精神则使青年和社会的矛盾趋于缓和.它启示我们,宽容是实现社会和谐稳定的介质.     

美国宪法性刑事诉讼法：意旨、构造与启示

美国宪法性刑事诉讼法是美国联邦最高法院以宪法文本及宪政精神为理据,在特定的刑事诉讼案件的裁判过程中,经由司法判决而延伸出来的一套基本权保障与救济机制。它与宪法存在紧密关系,但又与宪法不同构,有着自身的意旨与构造。西法可鉴,研究美国宪法性刑事诉讼法对当前我国刑诉法研究的纵深发展有很大的启示。     

论宪法效力的终极依据

在法律的效力链条中,宪法常常被置于效力的终端。但是,宪法本身的效力依据,却是一个值得追问的终极性问题。宪法序言,就是宪法效力的终极依据。中国宪法序言是通过＂历史＂向宪法提供了终极性的效力依据或正当性依据。相比之下,美国宪法序言是通过＂契约＂向美国宪法提供了终极性的效力依据。     

Gender Differences in the Educational Expectations of Urban,Low-Income African American Youth: The Role of Parents and the School

This study examined how youths’ gender is related to the educational expectations of urban, low-income African American youth, their parents, and their teachers. As predicted, African American boys (ages 9–16) reported lower expectations for future educational attainment than did their female counterparts. Parents and teachers also reported lower expectations for African American boys (ages 6–16) than for girls. These findings held even when controlling for academic achievement. Contrary to predictions, the magnitude of the difference in expectations for males vs. females did not increase as a function of youths’ age. In keeping with our hypotheses, parental expectations fully mediated the relation between youths’ gender and youths’ expectations. Finally, certain school-based factors (i.e., positive teacher expectations and positive youth perceptions of the school environment) appeared to protect youths’ expectations from the deleterious impact of low parental expectations.