美国印第安学校中学女生的未来——基于"可能自我"的个案研究

本质化研究以美国中学的四位印第安女生为个案,重点阐释了她们的中学课堂受教经历对其今后成长的影响。本文采用可能自我理论,对访谈资料进行了审视和分析,所涉主题包括学校问题、教师、关系的重要性及未来计划这样四大方面。结果表明,可能自我理论有助于人们理解这些中学女生是怎样看待她们自己和筹划她们未来的,同时也为解决和预防中学生的辍学问题,提供了一种可能的路径。     

走向双重维度的研究——德美法学教育的研究性及其启示

研究性教学旨在通过学生主体参与,培养学生理论研究与创新工作的能力。德美法学教育改革中逐步凸显的理论指向与实践指向平衡发展的研究性教学,对我国当前的法学教育深有启迪。借鉴德美研究性教学经验,发展适合我国法学本科研究性教学的具体模式,将为完善我国当前的本科法学教育提供新的思考。     

Democracy,human rights,and U.S.‐Africa trade

The nexus of economic and political relations is a central issue in international relations, and the influence of political liberalization upon trade ties lies at the center of much liberal theory. However, many facets of the empirical linkage between political liberalization—including democratization and the respect for human rights—and trade remain uninvestigated. Examining the case of U.S.‐Africa trade, this study considers two unexplored facets of these political determinants of trade: (1) the role of human rights conditions, and (2) the robustness of the relationship between democracy, human rights, and trade across a subset of vertical dyads. Using a gravity model to assess trade patterns, we find that neither democracy nor human rights conditions has a significant impact upon U.S. trade to Africa.     

Buying treaties with cigarettes: Internal side‐payments in two level games

Two‐level games models predict that domestic division within a state can alter the extent to which that state is able to reach agreements with other states, and also alter the content of any agreement that is reached. I extend the model by introducing internal side‐payments composed of unrelated domestic issues. Domestic opposition to an international agreement will inhibit cooperation most when the executive and median legislators are in relative agreement about other salient domestic political issues. Domestic opposition to an international agreement will inhibit cooperation least when the executive and median legislators are in relative disagreement about other salient domestic political issues. U.S. ratifications of the NAFTA and the Chemical Weapons Convention illustrate that not all types of domestic division inhibit international cooperation—some can facilitate it     

职务犯罪秘密侦查制度比较研究

域外各国职务犯罪秘密侦查的立法情况及其基本特点,给我国职务犯罪中秘密侦查手段的使用提供了许多有益的启示:一是要排除职务犯罪不能使用秘密侦查手段的观念;二是要通过立法明确授权职务犯罪侦查部门使用秘密侦查手段;三是要严格适用条件;四是要建立对秘密侦查手段使用的监督体系。     

When Art and Commerce Collide: Colorization and the Moral Right

ABSTRACT

This article challenges the dominant framework that drives US public diplomacy initiatives and insists that, short of major structural changes, US public diplomacy lacks ethical legitimacy. Based on a review of past US public diplomacy practices, the article finds that these efforts were mainly characterized by a one-way flow of information and an emphasis on image management. Using the theories of hegemony, American exceptionalism, Orientalism, and cultural imperialism, the author lays a theoretical framework for analyzing public diplomacy. The author suggests that, for public diplomacy to move beyond propaganda, it needs to incorporate two-way communication and symmetry.     

Art,Artists' Associations,and the State in Norway

Conservation of indigenous heritage is closely associated with the political and social position of the indigenous people in society. In order to understand the ongoing debate and changing perspectives on indigenous heritage, study of the growth of American Indian communities and their relationships with the U.S. government is crucial. Therefore, this article examines the federal policies and programs and the political dynamics presented in conserving indigenous heritage by reviewing Indian policy developments within the past two decades. American Indians did not possess ownership of their own cultural heritage and could not participate in the administration and formation of legal protection for heritage conservation. Policy changes have been influenced by the evolving roles of American Indian communities; this article explains how tribes finally became a partner in heritage conservation efforts.     

Los Confines

Abstract

This paper seeks to develop an understanding of Mexican American incarceration including an examination of historical experiences in three selected states: California, New Mexico, and Texas. A caste model of inequality is considered to determine if it is useful in understanding the risk of imprisonment for Mexican Americans. Blalock's (1967) theory regarding ethnic concentration and increased discrimination is also used to allow for systematic analyses of the data. Finally, analyses of the U.S. Department of Justice Bureau of Justice Statistics study number 3029 (2001) are presented for partial evaluation of the impact of caste, of Blalock's (1967) theory, and to inform suggestions for improved data collection and future research. There was no consistent support for the expectations of overrepresentations of Mexican Americans in California or Texas prisons. Neither was there consistent support for the expectation that Mexican Americans sentenced in counties with high concentrations of Mexican Americans would receive longer sentences than would Anglos.     

Mexican American Attitudes Towards Crime

Abstract

The study seeks to determine (1) whether the crime seriousness ranking hierarchy identified by Rossi et al. in 1974 persists and (2) whether intra-group agreement on the relative ordering of crimes exists within a Mexican American sample stratified by age and sex. A self-administered survey questionnaire surveyed a sample of 525 college students and 426 parents. Respondents were asked to rank 20 crime offenses according to perceived seriousness. The analyses indicate that the older cohort of respondents is more conservative than the college students and that female students have lower tolerance for crime than their male counterparts. Among Mexican Americans, significant generational and sex differences exist in how serious certain behaviors are perceived.     

英美刑法中的犯意转移理论

犯意转移原则用以解决D意图杀死V1而实际杀死了v2等类似情形之责任认定问题。该原则起源于16世纪的英国普通法,对英美刑法司法及立法产生了广泛、深远的影响,但亦面临着实践窘境及学者的猛烈批判。作为事实错误不免责之理论,犯意转移原则是建立在抽象故意观基础上的刑罚政策选择。在打击错误的场合,犯意转移原则对于D的责任认定并不妥适,因为它忽视了刑事责任的认定在主观与客观、事实与规范、自由与强制之间的博弈。