原告资格从“不利影响”到“主观公权利”的转向与影响——刘广明诉张家港市人民政府行政复议案评析

2017年的“刘广明诉张家港市人民政府行政复议案”再审裁定中,法院首次使用德国法上的主观公权利和保护规范理论,释解作为我国行政原告资格基准的“利害关系”。从此前的“不利影响”到“主观公权利”,刘案对域外学理的吸收,对我国行政诉讼原告资格的判定发挥了重要的推进作用。除引发我们重新认识行政诉讼原告资格问题外,主观公权利和保护规范理论对于重新考量行政实体法与行政诉讼法的关联、原告资格与诉讼的整体定位关联,以及如何寻获权衡“诉权保障/防堵滥诉”的教义学基础都有重要的启发意义。但刘案裁定对上述理论的适用仍旧存在值得商榷的不当之处,案件未尽问题也不在少数。     

The Influences of Portion Size,Context and Package Characteristics on Snack Food Consumption: Evidence from a U.S. Rolling Cross-Sectional Survey

Using a rolling cross-sectional sample of over 40,000 U.S. snack food consumers during 2004–2010, we build a three-dimensional model to study how portion sizes, consumption context, and package characteristics jointly affect the amount of food consumed. As with prior research, we find that consumption does increase with larger portions. However, this effect diminishes significantly when accounting for the consumption context and packaging characteristics as consumption drivers. Most important is how the snack is presented to consumers at the point of consumption (type, size, and quantity of packages). We also find that snacking on impulse, alone, with a beverage, or while watching television increases the amount consumed, whereas socializing or snacking at home decrease consumption. We test our model over seven snack types (potato chips, crackers, cheese puffs, nuts and seeds, tortilla chips, pretzels, popcorn), and find that our results hold even for products with different cross-category granularity, palatability, and satiety.     

To tell or not to tell? The roles of perceived norms and self‐consciousness in understanding consumers' willingness to recommend online secondhand apparel shopping

Secondhand apparel shopping resides in a domain characterized by used goods traditionally associated with financially marginalized consumers. Acknowledging the elusive psychological barriers associated with preowned apparel, this study explores mechanisms that facilitate consumers' willingness to recommend online secondhand apparel shopping. Results from three experimental studies and a cross‐sectional survey of online secondhand shoppers in the United States reveal that hedonic and ethical benefits influence recommendation behavior via perceived norms, whereas economic benefit directly influences consumers' willingness to recommend. Moderated mediation analyses further demonstrate that self‐consciousness alters the strength of the indirect effects, such that consumers with lower self‐consciousness displayed greater willingness to recommend compared to highly self‐conscious consumers. Findings contribute to a greater theoretical understanding of the roles perceived norms and self‐consciousness play in facilitating or inhibiting recommendation behavior in a context that implicitly involves self‐disclosure of one's secondhand purchase behavior. Managerial implications offer insights on salient benefits that can be leveraged to influence word‐of‐mouth recommendation.     

Well-being effects of extreme weather events in the United States

The increase in weather and climate disasters in recent years has prompted an interest in analyzing their consequences and the mitigation and adaptation measures that can help minimize their potentially large impacts on individuals’ welfare. We match thirty-one billion-dollar disasters with individual survey data from the Behavioral Risk Factor Surveillance System to estimate the effect of extreme weather events on the subjective well-being of U.S. residents. Our results indicate that natural disasters have a negative and robust impact on subjective well-being in the affected communities, and that, on average, this impact peaks 6 months after the event, and then decays over time. We then investigate the attenuating impact of health care access, flood insurance, and governmental assistance programs and find a partial compensating role for risk-transfer and relief measures. We also find that stronger emotional and social support mitigates the negative impact of natural disasters.     

Theory of planned behaviour: predicting tourists’ pro-environmental intentions after a humpback whale encounter

Nature-based experiences can contribute to individuals’ connection to nature and intentions toward sustainable environmental behaviours. Conservation psychology can use tourism as a platform to modify tourists’ intentions and behaviours regarding key marine threats such as single-use plastics. This study examined changes to pro-environmental intentions, particularly regarding plastic use, in 267 nature-based tourists from Australia and Tonga who completed a whale watching/swim experience. A theory of planned behaviour (TPB) framework was used incorporating moral norms and environmental identity, which have been previously implicated in explaining pro-environmental actions. This study found that including moral norms in the TPB model significantly increased the ability to predict pro-environmental intentions. Further, when controlling for the TPB and moral norm variables, environmental identity explained a further 15% of tourists’ pro-environmental intentions. The findings suggest the original TPB model may be less suitable within a marine conservation context. Collectively, positive nature-based experiences, environmental identity, and moral norms are important in understanding tourist’s intentions to engage in sustainable environmental behaviours.     

What drives diners' eco-friendly behaviour? The moderating role of planning routine

Research focusing on diners' intentions towards leftovers, which are considered one of the main sources of consumer food waste in restaurants, is still at a nascent stage and requires further investigation. The present study attempts to address this gap by investigating the antecedents of diners' intentions to take away leftovers and thereby mitigate food waste in an out-of-home setting. Towards this end, we examined the role of personal and social norms as antecedents of the facilitators, inhibitors, and intentions of taking away leftovers. Using the theoretical lens of the Stimulus-Organism-Response (SOR) paradigm, we tested the proposed hypotheses by analysing data collected from 281 diners residing in the United States through a cross-sectional survey on Prolific Academic. The findings indicate that personal norms are positively associated with facilitators and intentions. In comparison, social norms are positively associated with facilitators but negatively associated with inhibitors. The results also confirmed the mediation effect of facilitators and inhibitors and the moderation effect of planning routine to provide valuable insights into the drivers of pro-environmental/eco-friendly behaviour in out-of-home dining to thus aid strategy formulation and future research.     

Game-theoretic foundations of monetary equilibrium

According to theory, money supports trade in a world without enforcement and, in particular, in large societies, where gift-exchange is unsustainable. It is demonstrated that, in fact, monetary equilibrium breaks down in the absence of adequate enforcement institutions and it collapses as societies that lack external enforcement grow large. This unique result is derived by unveiling the existence of a tacit enforcement assumption in the literature that explains the advantages from monetary exchange, and by integrating monetary theory with the theory of repeated games and social norms.     

South African consumers' willingness to pay a premium for Karoo Lamb: The influence of subjective and objective knowledge,label information and demographics

In South Africa, Karoo Lamb is a prestigious product associated with free range production. This study examined the influence of subjective and objective Karoo Lamb knowledge, the importance of label information, and demographics on consumers' willingness to pay a premium for Karoo Lamb products. A panel of 355 consumers who had previously purchased lamb/mutton products completed an online questionnaire. The importance of Karoo Lamb label information, subjective Karoo Lamb knowledge and population group had a significant positive impact on willingness to pay a premium for Karoo Lamb. Objective Karoo Lamb knowledge and other demographics did not have a significant impact.