残疾人无障碍通行权实施现状及对策研究——基于成都市的调查

权利存在着应有权利、法定权利和实有权利三种状态。权利的实现是一个从应有权利到法定权利再到实有权利的动态过程。在我国现阶段，无障碍通行权已从应有状态上升到法定状态，完成了权利实现的第一步。但无障碍通行权的实有状态与法定状态之间还存在较大的差距，主要体现为无障碍环境的缺乏。为保证残疾人获得平等的生存和发展机会，国家和社会应采取措施，积极地营建无障碍环境，促使这项权利从法定状态上升到实有状态。     

The Internet and Parliamentary Democracy in Europe

The overall aim of this volume is to investigate the impact of new information and communications technologies (ICTs), in particular the Internet, upon parliamentary democracy in Europe. Through a comparative study of four parliaments (the British, European, Portuguese and Swedish), our research addresses three important dimensions of the impact of the Internet on parliamentary democracy, namely, the practices, principles and rules related to the use of the Internet in a parliamentary context. It is hoped that, by comparing the experiences of the four parliaments and their Members, a European perspective on the development of and issues about ‘parliamentary e-Democracy’ can be established. The main sources of data and methodologies employed in this volume include a questionnaire survey, content analysis of parliamentary websites, interviews with parliamentarians and parliamentary staff and research workshops. Here we highlight the main features of the individual contributions included in this volume.     

Race and residential accessibility to shopping and services

Abstract

Predominantly black, upper‐income census tracts in the 10‐county Atlanta region have lower accessibility to certain personal consumption opportunities than comparable white tracts do; black residents are more likely to have to leave their neighborhoods to eat out (other than at fast food restaurants), grocery shop, or see movies. Accessibility is calculated as a function of travel time to providers of local goods and services. Such accessibility is a desirable attribute and contributes to neighborhood quality and housing value.

We find that differences in residential accessibility to shopping and services by race are not explained by income differences, but could result from real differences in consumption patterns, though these are more likely due to demographic differences between black and white populations of comparable incomes; inaccurate information on neighborhood attributes and personal consumption preferences; or racially biased business decisions. We conclude by summarizing the policy implications of our findings.     

美国专家证言的可采性研究——以美国判例与立法的互动为中心

美国对专家证言的可采性经历了弗赖伊判例"普遍接受标准"的限定到《联邦证据规则》对专家证言"关联性"和"有用性"的立法扩张,催生了达伯特判例的"综合观察标准",又因"乔因纳"、"锦湖轮胎"判例对达伯特判例的冲击,引发了涉及科学、技术和经验知识专家证言可采性的多种判断标准的纷争,导致《联邦证据规则》作出了限缩性的修正。判例与立法的互动背后演绎着专家证言可采性的判断权由"科技社群"向"法官"移转,最终法官扮演了专家证言进入法庭"守门人"的角色。美国专家证言可采性判断标准迷失于判例促发立法的互动,为我国法官如何走出依赖原有内部设立鉴定人积习提供了有益的启迪和可借鉴的经验。     

Housing for an Aging Population

We use the American Housing Survey to examine the distribution and occupancy of homes that have, or could be modified to have, accessibility features that allow seniors to successfully remain in the community as they age. Despite the aging population and the growing need for accessible housing, the U.S. housing stock is woefully inadequate: fewer than 4% of housing units could be considered livable by people with moderate mobility difficulties, and a miniscule fraction are wheelchair accessible. Recent construction is no more likely to be accessible than homes built in the mid-1990s, suggesting that the housing market is not responding to the aging demographic profile. Only a small fraction of seniors, even among those with mobility difficulties, and even among recent movers, live in suitable homes. Modifications that potentially improve accessibility are more likely undertaken by households with a senior, but only once that senior develops mobility difficulties.     

A Political Economy Perspective of Judicial Review in the European Union: Judicial Appointments Rule, Accessibility and Jurisdiction of the European Court of Justice

The paper examines the benefits the sovereign member states of the EU expect to derive by granting the European Court of Justice the power to review the collective policy making decisions of the EU legislative bodies. Using the methodology of constitutional political economy it investigates the one-country one-judge rule of judicial appointments in the ECJ, the restrictions imposed on litigants to access the ECJ and the limits on the jurisdiction of the ECJ to review EU legislation. It also analyses how the presence of judicial review affects the size of the policy measures taken by the policy makers.     

Rethinking Locational Outcomes for Housing Choice Vouchers: A Case Study in Duval County,Florida

This study examines locational patterns of housing choice vouchers in Duval County, Florida, using the Housing Suitability Model (HSM), a newly developed geographic information system–based model that evaluates residential land parcels and neighborhoods in terms of their suitability for affordable housing. The HSM was used to characterize voucher locations and other residential parcels across the county in terms of opportunity and accessibility. The analysis explores the tradeoffs between opportunity and accessibility inherent in many neighborhoods throughout the county. It finds that voucher holders' locations lag substantially behind other residential locations in terms of opportunity measures but are more comparable in terms of accessibility. Further analysis finds differences in opportunity and accessibility among subgroups of voucher holders by various demographic characteristics. The study recommends the incorporation of opportunity and accessibility for voucher holders into local housing planning, including the implementation of proposed rules for Affirmatively Furthering Fair Housing.     

Is epistemic accessibility enough? Same-sex marriage,tradition, and the Bible

ABSTRACT

In Liberalism’s Religion, Cécile Laborde argues that a liberal state has to be a justifiable state: state action can only be legitimate if it is publicly justified, that is, if it is based on accessible reasons. These accessible reasons, she argues, are reasons that can be understood by all citizens. She defends a purely epistemic conception of accessibility. On Laborde’s account, accessible reasons are identified by particular epistemic features, and not by their substantive content. In this paper, I argue that Laborde’s account of epistemic accessibility cannot deliver on its promise of public justification. To illustrate this argument, I examine the case of the prohibition of same-sex marriage and look at two potential reasons that could be used to justify this prohibition: the non-accessible reference to the Bible and the accessible appeal to the value of tradition.     

Whatever Happened to Integrated Transport?

This essay examines the record of the Labour government on transport since 1997. It argues that Labour's plans have been overtaken by events, notably the fuel tax protests and the Hatfield train crash, and that the government has lost sight of its ambitions for an integrated transport policy. Transport is not an end in itself but a means to the end of wider objectives such as social equity, environmental sustainability and quality of life. Measured in these terms, the government's ten-year transport plan is modest in scale and regressive in impact, and lacks and effective demand management strategy. The government should return to the principles of integrated transport. This requires a reformation of the ten-year plan around the objectives of accessibility, liveability and sustainability, and new measures on both the supply side and the demand side of transport.