美国无救助义务规则的修正

无救助义务是美国传统侵权法上的一项重要规则。由于社会组织结构的精细化使人与人之间的关系更加紧密了,容易出现牵一发而动全身的局面,如果还任由人们对他人的困境无动于衷可能会造成无法挽回的严重后果,加之作为与不作为的区分越来越小,故美国选择了一条侵权过失责任的改良道路,主张不作为不应该成为被告承担过失责任的障碍。而美国的司法判例和立法经验也告诉我们,一般无救助义务规则正经受两方面的侵蚀:一是扩大特殊救助义务的范围;二是通过制定法律承认一般救助义务。     

美国总统选举人团制度

总统选举入团制度是美国总统选举制度的重要组成部分.总统选举人团方案本身就是各种利益妥协的结果.经过二百多年的演变和发展,总统选举人团制度的内容和运行方式发生了诸多变化.迄今为止,它仍然是选举美国总统的重要机制,但存在许多缺陷和弊端.     

一般债权作为质押标的可操作性的探讨

一般债权作为质押标的有其存在合理性和合法性,且允许转让.其条件是设定质押的债权必须具有可转让性;必须通知原债务人.为主债权清偿期已到,入质债权清偿期未至时,质权人只能首先向其债务人要求清偿.质权的行使仍需等到作为质押标的的一般债权届满方可.第三债权人可直接向第三债务人要求偿债,按物权优于债权原则,质权应首先得到实现.     

公安院校大学生自我效能感与职业认同现状及相关性研究

为调查公安院校大学生自我效能感与职业认同现状并探讨其相关性,通过整群抽样法选取某公安院校3280名大学生,采用一般自我效能感量表和警察职业认同量表进行调查,结果显示:该公安院校大学生的一般自我效能感总分为(26.49±5.72)分,职业认同总分为(11.55±1.64)分;单因素分析显示,自我效能感总分、职业认同总分在...     

探寻市场规制法中比较广告行为的立法基础

现今世界上大多数国家都肯定了比较广告行为,并且在法律层面上加以保护.我国法律没有关于比较广告的规定,因此造成了我国司法实践中在认定比较广告时出现了十分混乱的状态,其结果是大部分比较广告行为被认定为不正当竞争行为.在我国加入WTO之后,外国商品大量涌入,有必要顺应时代的发展需要,将比较广告在法律层面上合理界定.从市场规制法的视角论证了比较广告行为,为比较广告立法作了理论上的分析,试图在经济法之市场规制的背景下为其探寻立法基础.     

How do coalition signals shape voting behavior? Revealing the mediating role of coalition expectations

Existing empirical research suggests that there are two mechanisms through which pre-electoral coalition signals shape voting behavior. According to these, coalition signals both shift the perceived ideological positions of parties and prime coalition considerations at the cost of party considerations. The work at hand is the first to test another possibility of how coalition signals affect voting. This coalition expectation mechanism claims that coalition signals affect voting decisions by changing voters' expectations about which coalitions are likely to form after the election. Moreover, this paper provides the first integrative overview of all three mechanisms that link coalition signals and individual voting behavior. Results from a survey experiment conducted during Sweden's 2018 general election suggest that the coalition expectation mechanism can indeed be at work. By showing how parties' pre-electoral coalition behavior enter a voter's decision calculus, the paper provides important insights for the literature on strategic voting theories in proportional systems.     

Small winners and big losers: strategic party behaviour in the 2017 Dutch general election

Abstract

This article analyses party strategies during the campaign for the Dutch general election of March 2017, making use of issue-yield theory. It investigates whether parties strategically emphasise high-yield issues, by juxtaposing the issue opportunities provided by voters with parties’ issue emphasis during the campaign. More specifically, it asks whether parties strategically emphasised issues that were expected to reward them electorally. Analysing voter preferences and party campaign data, it is found that parties and most of their constituencies show high ideological consistency, that parties emphasise mostly positional issues and thus choose a conflict-mobilising strategy, and that most parties emphasise high-yield issues rather than following the general political agenda. Four small parties that won significantly behaved strategically while the social democrats – who severely lost – hardly did. The findings imply that the issue-yield framework can help to explain the election result in the fragmented Dutch multi-party context.     

‘Get Brexit Done’: The New Political Divides of England and Wales at the 2019 Election

This article analyses the successful Conservative election campaign of 2019 and how it took advantage of a fractured political and economic landscape. It reviews the unique circumstances around the 2019 election and the ‘surprising death’ of a no-deal Brexit. We then analyse the divergent political communication strategies in the 2017 and 2019 Conservative campaigns showing how the latter was much more coherent and politically unorthodox. Drawing on socioeconomic, demographic and British Election Study data, we argue that Boris Johnson’s messaging was carefully tailored towards the demands of voters in the ‘red wall’ seats. Conservative success was built around an appeal to voters in these economically depressed ‘geographies of discontent’. But while tremendously successful, the coalition this created is potentially fragile. An unconventional, ‘leftish’ Conservative campaign built a new, diverse bloc of voters. It includes a number of left-wingers expecting change alongside traditional Conservative supporters, and will be hard to keep together given the economic turbulence ahead.     

Beyond Political Binaries: The 2019 General Election and the Dagenham and Rainham Constituency

This article considers the results of the 2019 general election with reference to the Dagenham and Rainham constituency in outer East London. It was a key target for the Conservatives with a 70 per cent leave voting electorate. It did not change hands and might therefore provide insights into the wider debate regarding future coalitions and strategy within the modern left. This article considers these results with reference to arguments about a ‘Brexit realignment’ on the left and whether Labour should rethink the nature of its political ‘base’. It argues for a more nuanced debate than that which currently exists, built around simple binaries organised around Brexit, class, age, education and geography.     

Two Contrasting Constituencies in the Heart of England

This article compares two parliamentary constituencies in Warwickshire: one which might be expected to be Conservative but is held by Labour, and the other, a Labour seat for over fifty years, but now held by the Conservatives. Constituency level analyses permit a more fine-grained analysis of electoral trends, taking account of demographic factors otherwise being overlooked. Labour needs to be able to appeal to the aspirational voters moving into Nuneaton.