论国家赔偿中的因果关系--以赋权行政行为为视角

任何法律责任的构成须有违法行为与损害结果之间的因果关系.在赋权型行政行为所引致的国家赔偿责任中,行政机关的违法行为与相对人的损害结果之间宜采用何种类型,从不同的角度分析会产生不同的倾向.本文认为,应以控制行政权和保护相对人权益为视角,以相当因果关系说为主,根据具体情况兼采其它学说.     

War,democratization, and generational cohort effects on participation in Japan

Studies show that both democratization and war mobilization boost levels of participation enduringly among members of the generational cohort that come of age around the time. But little is known about the relative effects of war mobilization and democratization on long-term participation rates among impressionable generations that experience both. We address this question by examining generational cohort effects by gender, drawing on newly available data on the case of Japan. Age-period-cohort analyses of the Survey on Japanese Value Orientations (1973–2013) show that the increase in lifelong participation rates of the “war generation” over prewar generations was much greater for men than for women, thus suggesting that the high rates of participation among members of this cohort are driven more by mobilization than by democratization. This finding yields significant implications for the analysis of democratic consolidation in different parts of the world.     

Testing the input-process-output model of public participation

The characteristics of participatory institutions can be articulated in three main dimensions: input, process and output. The common assumption is that a dependency relationship exists, with process serving as a mediator between input and output. This paper puts the model to a rare empirical test drawing on a unique dataset of 70 Spanish advisory councils. Through a combination of exploratory factor and path analyses, we analyse the dimensionality of input, process and output and investigate the direct and indirect impact of inputs on process and outputs. Our analysis provides evidence that input factors have a direct impact on the output factor transparency, but their impact on effects on policy and participant satisfaction is mediated by the process factor deliberation. Further, the capacity of the public administration to steer the advisory council (wardship) mediates negatively the impact of input variables on transparency. The analysis provides a nuanced account of how different input and process design characteristics of participatory institutions have profound direct and indirect effects on their outputs.     

The undecided voters and the economy: Campaign heterogeneity in the 2005 British general election

Research and conventional wisdom suggest that undecided voters are especially prone to campaign persuasion. Little has been done, however, in the way of uncovering the decision pathways followed by these voters. In this paper we seek to assess the undecided voters’ alleged campaign susceptibility and, most importantly, to explore which campaign considerations inform their final voting decisions. Our central finding is that their behaviour is driven to a larger extent by economic performance and less by leadership or other valence evaluations. This finding has important implications for parties’ campaign strategies in an era where the ranks of undecided voters are steadily expanding from one election to the other.     

Cognitive Maelstroms,Nested Negotiation Networks,and Cascading Decision Effects: Modeling and Teaching Negotiation Complexity with Systemic Multiconstituency Exercises

Negotiation practitioners today struggle to manage complex political, economic, and cultural disputes that often involve an array of intertwined issues, parties, process choices, and consequences – both intended and unintended. To prepare next‐generation negotiators for these multifaceted challenges, negotiation instructors must keep pace with the rapidly evolving complexity of today's world. In this article, we introduce systemic multiconstituency exercises (SMCEs), a new educational tool for capturing this emerging reality and helping to close the experiential learning gap between the simulated and the non‐simulated environment. We discuss our pedagogical rationale for developing The Transition, a seventy‐two‐party SMCE inspired by the complex conflicts in Afghanistan and Central Asia and then describe our experiences conducting multiple iterations of this simulation at Harvard University. We argue that SMCEs, in which stakeholders are embedded in clusters of overlapping networks, differ from conventional multiparty exercises because of their immersive character, emergent properties, and dynamic architecture. This design allows for the creation of crucial negotiation complexity challenges within a simulated exercise context, most importantly what we call “cognitive maelstroms,” nested negotiation networks, and cascading decision effects. Because of these features, SMCEs are uniquely suited for training participants in the art of network thinking in complex negotiations. Properly designed and executed, systemic multiconstituency exercises are next‐generation teaching, training, and research platforms that carefully integrate negotiation, leadership, and decision‐making challenges.     

From Lab Experiments to Real Negotiations: An Investigation of International Iron Ore Negotiations

Negotiation researchers have conducted a large number of experimental lab studies to identify the factors that affect negotiation outcomes, but it remains unclear whether those results can be generalized to real‐world negotiations. To explore this question, we analyzed the dynamic international iron ore annual negotiations that took place from 2005 to 2009. We found evidence that supports two important findings from previous experiments. Specifically, we focused on the impact of negotiators’ best alternatives and first offers on negotiation prices using multiple case study analysis. We found that iron ore prices increased more when the gap between the previous year's negotiated price and the price on the alternative spot market, a public market in which commodities are traded for immediate delivery, was larger, which suggested that buyers were sensitive to the strength of this alternative, supporting the literature on the role of alternatives. We also found that the first offer price significantly influenced the final price. Our findings extend two important experimental findings from the negotiation literature to large‐scale business negotiations in the real world.     

The effects of market concentration on costs of local public services: empirical evidence from Dutch waste collection

ABSTRACT

Different concentration indexes are calculated for the Dutch waste collection market and all show that this market was highly concentrated in 2002, 2006, 2010 and 2014. The estimation results in 2002 show that private collection is cheaper but high concentration increases costs of private collection and therefore (partly) offsets the advantage of contracting out. In 2006, the savings gained from privatisation and also the effect of concentration disappear, probably due to the introduction of a VAT-compensation fund. In 2010, for an area with a radius of 30 km, high concentration increases costs, but for larger areas, this effect mostly disappears. For 2014, in most estimations, this concentration effect disappears. If we include fixed effects for a panel, the cost advantage of inter-municipal cooperation is larger than that of private production and concentration effects also disappear. Overall, these estimation results are rather independent of the concentration indexes used, if we investigate several indexes as an alternative for the Herfindahl–Hirschman index.     

Why Place Really Matters: A Qualitative Approach to Housing Preferences and Neighborhood Effects

The idea that a person’s neighborhood or zip code can predict his or her life outcomes has motivated a host of housing policies aimed at redressing racial segregation and breaking up areas of concentrated poverty. This article critically examines underlying assumptions about high-poverty neighborhoods that motivate those policies. Using ethnographic methods, I present the location preferences of residents living in a low-income neighborhood in Columbus, Ohio, and show the ways in which their perceptions of their neighborhood run counter to common portrayals. This analysis provides clues as to why the underlying logic of dispersal and mobility may be flawed. I conclude that place matters very much to people living in this neighborhood, just not in the way commonly implied by dispersal and mobility policy advocates. The implication is that stability, rather than mobility, ought to be the focus of more housing discussions.     

Priming Issues,Party Visibility,and Party Evaluations: The Impact on Vote Switching

Voter volatility has become a hallmark of Western democracies in the past three decades. At the same time short-term factors—such as the media’s coverage of issues, parties, and candidates during an election campaign—have become more important for voters’ decisions. While previous research did look at how campaign news in general affects electoral volatility in general, it has omitted to explicitly test the mechanisms underlying these effects. Building on theories of agenda setting, (affective) priming, and issue ownership, the current study aims to explain why certain news aspects lead voters to switch their vote choice. We theorize it is the visibility of a party, the evaluation of a party, and the attention for issues owned by a party that primes voters to switch to a certain party. We use national panel survey data (N = 765) and link this to an extensive content analysis of campaign news on television and in newspapers in the run up to the 2012 Dutch national elections. The results show that issue news leads to vote change in the direction of the party that owns the issue. Even stronger is the effect of party visibility on vote switching. Our results, however, find the strongest support for the effect of party evaluations on vote change: More favorable news about a party increases switching to that party.     

A Mixed Methods Exploratory Examination of Victim Injury and Death: Effect of Weapon Type and Victim Resistance During Sexual Assaults by Strangers

Extending prior research regarding victim injury during sexual assault, the current study employed mixed-methods sequential explanatory research design to identify predictors of victim injury and victim death in 361 attempted and completed sexual assaults committed by 72 repeat sex offenders who assaulted strangers. Results from multinomial path analysis indicated that being female and offender coercion increased the likelihood of victim resistance, which in turn elevated the likelihood of victim injury. Divergent from the predictors of victim injury, the risk of victim death increased with victim age, offender alcohol use, and offender weapon possession. Exploratory analyses suggest that certain weapons resulted in higher probability of victim injury or victim death within the context of victim resistance. Exploratory analysis of qualitative data indicated that crime event order was not uniform—in some cases victim resistance preceded victim injury and in some assaults victim injury occurred prior to or was unrelated to victim resistance. The study findings highlight the need for further investigation of victim survival strategies when offenders possess different types of weapons.