国大党联盟政府执政的问题和对策

印度自2 0世纪90年代以来,其政局进入了多变动荡期,第十四次大选虽由国大党联盟执掌印度政局,但它却面临着诸多的问题和严峻的挑战。国大党联盟政府为稳固自己的执政地位,制定了相应的对策。     

Refining the Concepts of Territorial Revenue Assignment,Substate Fiscal Self-rule and Territorial Fiscal Balance

Fiscal federalism has offered a template for understanding intergovernmental fiscal relations. Yet when politicians are involved in day-to-day decentralization it may happen that some of the normative elements of fiscal federalism do not fit reality. Substate entities may go beyond the own-source paradigm and have a practical interest in alternative forms of fiscal self-rule. To better understand this pragmatism a threefold stage model of territorial revenue assignment is presented drawing on some insights offered by Germany’s fiscal constitution. Within this framework a reassessment of the role of territorial levels as levels during vertical revenue assignment is undertaken, a new typology of fiscal self-rule is introduced, and finally a theory of multiple territorial fiscal balance points is outlined, including the one based on the real domain of substate own policy-making.     

THE REPRODUCTIVE AND PARENTAL RIGHTS OF INCARCERATED MOTHERS

Acknowledging the explosive growth in the number of incarcerated women in the United States, this Note critically examines the current treatment of mothers and expectant mothers in the U.S. prison system. This Note highlights the severe inadequacy of current prison policies and accompanying maltreatment of incarcerated women and their children, especially with regard to the frequent separation of mothers from their children and the poor health care available to expectant mothers. The damage inflicted by current prison policies must be comprehensively redressed through the creation of prison nursery programs, halfway houses, the provision of optimal prenatal care, and the elimination of the draconian practice of shackling pregnant women. Such reforms will not only benefit incarcerated women and their children, but will also deter recidivism and promote the welfare of the community at large.     

美国联邦侵权法于警察不法行为之应用

本文讨论了依据美国联邦1983条款对警察提起民事诉讼的框架.其中围绕着<1871年民权法案>的"以法律名义行使"、达到宪法水平和侵犯宪法权利及其他1983条款规定的责任的构成要素展开讨论,同时介绍了警察面对诉讼时可使用的抗辨事由.     

Do intergovernmental transfers affect the distribution of manufacturing production across regions in federal countries? Theory and evidence for Argentina

The effect of changes in the distribution of top-to-bottom intergovernmental transfers on the location of manufacturing production is analysed using a modified version of the footloose capital model. An increase in the share of transfers received by a region increases its share of manufacturing production the larger are transaction costs; the larger is the share of transfers going directly to consumers; the larger is the share of manufacturing consumption vis-à-vis non-tradable consumption; and the easier consumers can substitute among manufacturing varieties. Using data for Argentina for 1983-2005, the empirical analysis appears to support the existence of two distinctive regimes, with smaller/poorer provinces benefiting in terms of the location of manufacturing production as a response to an increase in transfers. Also, for these provinces, the benefits are greater if they are politically aligned with the federal government, especially through the receipt of discretionary transfers. For large/rich provinces, the evidence is less conclusive.     

美国对跨国并购融资中滥用税收协定的管制措施及评析

针对跨国并购融资中滥用税收协定行为,在美国,可适用国内法层面的反导管原则与国际法层面的管制措施——双边税收协定中透视法、渠道法条款来管制。国内法层面的反导管原则从规范具体交易的角度,而国际法层面的管制措施则从规范可获得税收协定利益的适格主体角度,两者形成一股强大的合力,可对跨国并购中导管融资安排施加有效管制。中国目前尚未在国内税法中制定反导管规则,美国立法例值得中国借鉴。     

Coerce,Consent, and Coax: A Review of U.S. Congressional Efforts to Improve Federal Counterterrorism Information Sharing

Government Accountability Office reports and secondary sources reveal that the U.S. Congress has employed three distinct legislative approaches to address the federal counterterrorism information-sharing impasse: coerce, consent, and coax. One main example illustrates each approach: the Homeland Security Information Network project exemplifies the coerce approach; Intellipedia illustrates the consent approach; the office of the Program Manager of the Information Sharing Environment exemplifies the coax approach. Secondary examples are utilized including those of regional Fusion Centers, the Office of the Director of National Intelligence, and the National Counterterrorism Center. The merits and challenges of the three approaches are discussed and compared. The conclusion proposes ideas for using the approach most appropriate to specific counterterrorism challenges.     

美国联邦刑法法典化述评

美国联邦尚无刑法典,然自建国后,联邦一直致力于刑法法典化,从1790年《治罪法》至1948年《联邦法典》第18主题,到1982年《联邦刑法典草案》,长达200多年的刑法法典化事业至今未竟。联邦刑法法典化呈现独有品性,即启于内外因素双重驱动、历经形式编纂到实质编纂、本体即权力扩张与限制、价值思维系理想主义与实用主义之统合。联邦刑法法典化目的理性,其搁浅缘于工具不善。基于现有刑法不力、刑法治危机以及刑法典的天然优势之事实,结合刑法有效、公正、人道之目的,得以推导出刑法法典化仍需继续之应然结论。未来,联邦刑法法典化之路仍旧遍地荆棘,而联邦刑法典能否问世,取决于美国所动用的实践理性。     

Federal dynamics in times of economic and financial crisis

The global economic and financial crisis is a challenge for all governments, but particularly for federal states because divided and/or shared territorial powers make federations susceptible to coordination problems in fiscal policy making. This article explores the effects of the ongoing crisis on federal relations. Three kinds of problems that may become the cause of federal tensions and conflicts are evoked: opportunism of subgovernments, centralisation and erosion of solidarity among members of the federation. Our analysis of fiscal policies and federal conflicts of 11 federations between 2007 and the present reveals three kinds of coordination problems: shirking in the use of federal government grants, rent‐seeking in equalisation payments, and over‐borrowing and over‐spending. Our results show that shirking remained limited to few cases and occurred only in the first part of the crisis. However, rent‐seeking and over‐borrowing and over‐spending led to a reduction of solidarity among subgovernments and to increased regulation of the fiscal discretion of the members of the federation. Subsequently, tensions in federal relations increased – although only in one case did this challenged the federal order.     

All Boys Club or Gender Differences? Male Officers Perception of Female Officers’ Workplace Experiences in Federal Law Enforcement

Since the passage of the Equal Employment Opportunity Act of 1972, there has been a vast body of literature demonstrating women’s difficulties integrating into all levels of law enforcement. While scholarship continues to highlight women’s experiences in the workplace, very little research has incorporated male officers into the dialogue. Using survey data collected from 324 male and female federal law enforcement officers employed by a mid-sized federal law enforcement agency, this study examines gender differences on perceptions to women’s workplace occupational barriers. We find that there are gender differences between the experiences encountered by female officers and the perception of male officers to those experiences, most notably sexual discrimination and a perceived glass ceiling to promotions. The differing perceptions are shaped by gender stereotypes and mild remnants of a masculine culture that continue to exist throughout law enforcement.