刑讯逼供举证责任探讨

刑讯逼供是指司法人员对犯罪嫌疑人或被告人,采用肉刑或者变相肉刑逼取口供的行为,它对一国之司法损害极大。如何遏制刑讯逼供已经成为众多学者讨论的一个热点问题,从刑讯逼供举证责任倒置的角度设置相对符合当前中国司法现状的举证责任倒置程序对于遏制刑讯逼供将起到重要作用。     

China's impact on forests in Southeast Asia

Many developed countries have gained control of their forest-exploiting industries through advanced regulatory regimes. But stricter regulation usually displaces forest exploitation into developing countries with weaker regulatory regimes. The most important current example is the shift of forest exploitation for the Chinese market from China into Southeast Asia following the logging ban in China in 1998. In this article we describe and document the impact in Southeast Asia: rapidly increasing, unsustainable, and often illegal production and export for the Chinese market. We also note the growth in exports of furniture and plywood from China to the EU, UK, and elsewhere using imported and often illegally harvested timber from Southeast Asia. It is argued that it will be very difficult to interrupt the continuing deforestation in Southeast Asia because: (i) the profits from exporting forest products from Southeast Asia to the China market and the profits for Chinese firms which use these forest products to produce plywood and furniture for export to developed countries are substantial; and (ii) there is a lack of political will at all levels to interrupt these chains of trade and flows of profit.     

Retracting suburbia: Smart growth and the future of housing

Abstract

Metropolitan areas throughout the United States increasingly experience sprawl development. States such as Oregon and Maryland have enacted land use legislation that curbs sprawl by promoting denser urban growth. Smart growth, a new method of metropolitan development leading to more compact regions, offers an alternative to sprawl. Given that housing comprises a major share of the built environment, policies that promote denser residential development form a key component of smart growth.

This article provides an analytic review of the ways housing can be used to support successful smart growth policies. It focuses on three areas: the market for higher density housing, land use issues associated with denser housing development, and methods for financing higher density and mixed‐use housing. The literature on the link between smart growth and housing remains underdeveloped. We offer this synthesis as a way to advance the state of knowledge on smart growth's housing dimension.     

Edgeless cities: Examining the Noncentered metropolis

Abstract

Edgeless Cities, a form of sprawling office development that never reaches the scale, density, or cohesiveness of Edge Cities, now account for the bulk of office space found outside of downtowns. The term draws on Garreau's Edge City, yet it is a new, albeit elusive, category. It captures the fact that most suburban office areas lack a physical edge. In contrast to Edge Cities, which combine large‐scale office development with major retail, Edgeless Cities feature mostly isolated office buildings spread across vast swaths of urban space.

This article looks at the evolving geography of office space in 13 of the nation's largest office markets, which together contain more than 2.6 billion square feet of office space and 26,000 buildings. The data provide an empirical framework for examining competing theories of metropolitan form. The article concludes with a discussion of the policy implications resulting from the emergence of Edgeless Cities.     

Comment on Michael A. Stegman et al.’s “Preventive servicing is good for business and affordable homeownership policy”: What prevents loan modifications?

Abstract

After discussing the article by Stegman et al., this comment describes the barriers to preventive servicing for securitized residential loans and assesses the importance of loan modifications, given the recent increases in default and foreclosure rates for subprime loans. Several hurdles slow or reduce such modifications, even those that help borrowers and investors alike. For example, self‐interest may reduce servicers’ willingness to modify loans rapidly. In addition, underlying securitization agreements may impede servicers’ ability and discretion in this area. Further, tax laws that govern a common securitization entity may limit modifications, as may accounting standards. Finally, “tranche warfare,” the sometimes contradictory fiduciary duties servicers have toward investors holding different tranches of securitized pools, may decrease their ability or their willingness to modify loans.

This comment concludes that barriers to effective loan modifications should be reduced or eliminated where feasible, but that the securitization of subprime loans creates risks for borrowers.     

Compliance and learning in an intervention program for partner-violent men

Although research has yielded mixed findings regarding the effectiveness of intervention programs for partner-violent men, it appears that greater participant compliance with such programs is associated with better outcomes. However, no research to date has jointly examined compliance with intervention programs and the extent to which partner-violent men learn specific information presented during the programs. The current study makes use of existing data to evaluate general and specific elements of partner-violent men's compliance with (i.e., active, appropriate participation in) an intervention program and recall of key points from the program. Results from a subsample of 22 men indicate that at program termination, those rated as having been "process conscious" during intervention group sessions, having self-disclosed during sessions, having evidenced awareness and use of techniques to avoid violence, and having used respectful language show greater recall of material taught in the program. This finding points to the potential benefit of taking steps to increase men's active participation in programs and of studying active engagement as a mediator of program effects on men's violence toward partners.     

Punitive Justifications or Just Punishment? An Ethical Reading of Coercive Diplomacy

Can the use of military force in response to violations of human rights norms be meaningfully described as ‘punishment’? If so, does this form of punishment help to constitute a just and peaceful international order? This paper investigates these two questions by examining the use of strategic bombing in campaigns of coercive diplomacy as a means to punish states. The paper explores the concept of punishment and its relevance for international affairs as a theoretical basis. It then turns to two cases of punitive uses of force—US and UK strikes against Iraq in 1998 and NATO strikes against Serbia in 1999. These two military campaigns are assessed as punitive but not necessarily just in that they fail to fit within a clear, legal institutional order and confuse the agent that deserves punishment. The paper concludes by suggesting that while punishment may be necessary for a legitimate international order, current punitive actions do not support such an order.