论合同法定形式规则的历史流变

在罗马法早期,合同的效力来源于特定的仪式。在合意作为合同本质被发现后,合同法经历了祛魅的过程,合同形式不再作为合同效力的来源。此后,合同形式的功能发生了重要的变化。它作为维护实质正义的工具在某些领域出现了勃兴。     

Credit and social capital: The community development potential of U.S. microenterprise programs

Abstract

This article looks at the community‐building activities of microenterprise programs. These programs build community primarily by creating networks that build social capital. Microenterprise programs build two types of networks—networks within programs that typically involve borrowers and networks between programs and other institutions. The article examines (1) the ways in which microenterprise programs motivate the creation of both types of networks; (2) the extent to which these networks are embedded within program structures; and (3) the process by which network formation leads to the accumulation of social capital.

The networks of relationships that Women's Initiative and Working Capital have catalyzed, both within and between programs, build social capital in important ways. The trust building that intraprogram relationships accomplish and the alteration of norms that interprogram relationships accomplish motivate the creation of networks that build social capital. These changes are not sufficient to turn poor communities around, but they are important first steps.     

Assets and neighborhoods: The role of individual assets in neighborhood revitalization

Abstract

Asset‐building strategies—including individual development accounts, homeownership programs, and microenterprise development—became increasingly popular in the 1990s. Although research has demonstrated how assets produce individual benefits, less is known about the extent to which these benefits induce positive place‐based effects. We develop a model of the relationship between individual asset‐building strategies and neighborhood revitalization in order to inform future empirical work and help ensure that asset accumulation and neighborhood revitalization are mutually reinforcing. Our model emphasizes the conditions and programmatic factors that may encourage and discourage the transfer of benefits from individuals to neighborhoods.

Examples from case studies of four community‐based organizations suggest that the likelihood of neighborhood spillovers may be increased if policies and practices aim to “manage” the returns from the individual asset, retain asset holders, provide reinvestment conduits, track local purchasing power, and create additional opportunities for collective action.     

Assessing Economic Change in HOPE VI Neighborhoods

Abstract

Neighborhoods surrounding large public housing developments have historically been economically distressed. The revitalization of many developments through the federal HOPE VI program, in conjunction with increased inner‐city lending and a strong economy for much of the 1990s, should theoretically lead to improvements in these neighborhoods. This study analyzes changes in selected HOPE VI neighborhoods since 1990 and compares them with changes in other high‐poverty communities, as well as with overall trends in their respective cities.

At the beginning of the decade, conditions in HOPE VI communities were almost universally worse than in other high‐poverty areas. By the end of the decade, the relationship was reversed. The changes resulted from a number of interrelated factors, including the redevelopments themselves, other private market activity, specific commitments of resources by city governments, and increased attention to the communities by lenders. These neighborhoods still qualify as economically distressed, but economic development now seems a realistic possibility.     

Working together: Building capacity for community development

Abstract

Community development partnerships (CDPs)—local intermediaries that gather support from foundations, corporations, and the public sector—are giving increased attention to building the capacity of community development corporations (CDCs). This article evaluates CDPs’ efforts to help nonprofit CDCs increase their capacity to revitalize low‐income communities. We identified five types of capacity and conducted interviews and focus groups with CDPs and CDCs across the nation. The nature of capacity and capacity building among CDCs, the ways partnerships help increase CDC capacity, what the partnerships and CDCs learn from each other, and how they could better gauge the effectiveness of capacity‐building support were discussed.

We learned that CDCs and CDPs have forged an effective alliance and continue to work together: Community organizations require help in building capacity, and local partnerships provide the requisite funding, technical assistance, and other elements to help them grow and serve their neighborhoods.     

Public housing and the American dream: Residents’ views on buying into “the projects”

Abstract

This article examines residents’ attitudes toward homeownership in five large inner‐city public housing projects composed of multifamily apartment buildings. Based on 267 interviews with public housing residents in Boston, it contrasts their broad support for homeownership as a concept with their wholly mixed reaction to the idea of owning a public housing apartment. Interest in homeownership in public housing is shown to be independent of residents’ current employment status and closely tied to residents’ social investment in specific housing developments and to their perceptions about the quality of that development's management, maintenance, and security.

The findings cast renewed doubt on policies that would make public housing sales a centerpiece of national policy, but they provide qualified support for more modest efforts to increase homeownership in public housing developments and in low‐income neighborhoods around them.     

Gentrification in tourist cities: Evidence from New Orleans before and after Hurricane Katrina

Abstract

Tourism‐led redevelopment often provides city residents with increased opportunities for employment, leisure, and cultural enrichment, but it can also have dramatic and unpredictable effects on their lives. One of these effects involves the repercussions of redevelopment that transforms working‐class neighborhoods into middle‐ or upper‐class areas catering to tourists. We use the city of New Orleans as a case study to explore the connections between tourism and gentrification.

We first discuss the growth of tourism in New Orleans, paying particular attention to its geographic scope. We then consider the ways in which gentrification and tourism are connected in New Orleans and what their relationship adds to theories of tourism development and urban revitalization. The analysis concludes with an in‐depth look at one of the nation's oldest black neighborhoods, Tremé, where both tourism and the nonblack population have been increasing in recent years.     

东北振兴过程中的对外开放:总体思路与对策

改革开放以来,东北地区对外开放程度明显提高。对外贸易发展较快,利用外资规模日益扩大,国际经济合作也取得了一定程度的进展,但不可否认的是,东北地区的对外开放程度在全国仍处于偏低的位置,特别是远远低于东部沿海发达地区。在这种现实状况下,扩大东北振兴过程中的对外开放必须要有新思路,并制定出符合实际情况的政策体系。即应该以形成多层次的对外开放格局、有竞争力的区域对外开放布局、提高对外出口能力和推动出口产品结构不断优化为基本思路,并制定和实施以加强区域内部的协调与合作、加快对东北地区对外开放具有重大影响的基础设施和口岸建设、推动边境贸易快速健康发展等政策措施。     

Abandoned housing: Exploring lessons from baltimore

Abstract

Population loss and economic decline have resulted in thousands of abandoned homes in major U.S. cities. Although abandoned homes are symptomatic of other problems, they also contribute to neighborhood decline and frustrate revitalization. This article provides an overview of the national scope of abandoned housing and profiles Baltimore's strategy for addressing this problem.

Challenges in Baltimore's revitalization planning include the necessity of and financial requirements for a comprehensive approach and the difficulty of reaching consensus. Widespread property “flipping” hampers prevention. Efforts to acquire and demolish units are constrained by difficulties in tracking ownership, felons’ ownership of derelict units, and a shortage of staffing to process takings. Challenges in rehabilitating and marketing row houses include the need for subsidies to make units affordable to the most likely buyers, the omnipresence of lead paint, and the lack of foreign immigration. The article proposes a more strategic approach to the city's revitalization planning.     

乡村振兴:认识误区、比较优势与制度变革

工业化与城市化并不必然带来乡村衰败。乡村振兴的关键在于尊重市场规律,发挥乡村比较优势,并处理好如下三个基本问题:一是破除阻碍资源自由流动与优化配置的“制度藩篱”,实现农业振兴与农民增收;二是消解“乡土文明”与“城市文明”两者对立的固有偏见,深刻理解“土地束缚”、“小农经济”的桎梏之源,改革城乡二元制度安排,构建统一、公平公正的资产交易市场、劳动力市场与社会保障制度;三是采用市场激励机制,让农村人口“走出去”,让外部人才、资本与技术“引进来”,在城市化进程的“双向互动”中实现乡村振兴。