The ongoing experiment with “regulation from below”: Expanded reporting requirements for HMDA and CRA

Abstract

The Home Mortgage Disclosure Act (HMDA) and Community Reinvestment Act (CRA) were enacted in the 1970s to curb redlining, the discriminatory lending practice whereby financial institutions refuse to make mortgage loans to certain neighborhoods based on the racial composition of those areas or the age of their housing stock. HMDA and CRA implicitly sanctioned an important role for local citizen monitors, whose “regulation from below,” as it has been termed, was believed to be needed to augment the formal enforcement apparatus. In 1989, Congress amended both of these laws by expanding publicly available information on the lending practices of financial institutions. The paper reviews the early experiences with the new requirements and suggests some of the factors likely to determine whether grassroots organizations seek further reforms.

While the use of “de facto” bank examiners succeeded more than many knowledgeable observers expected, it remains to be seen whether community‐based watchdogs can keep pace with the rapidly changing environment for CRA and for banking in general. As for the 1989 amendments to the Acts, it is still too early to determine the full impact of these changes on community lending.     

Classifying the torture experiences of refugees living in the United States

Few research studies have systematically categorized the types of torture experienced around the world. The purpose of this study is to categorize the diverse traumatic events that are defined as torture, and determine how these torture types relate to demographics and symptom presentation. Data for 325 individuals were obtained through a retrospective review of records from the Bellevue/NYU for Survivors of Torture. A factor analysis generated a model with five factors corresponding to witnessing torture of others, torture of family members, physical beating, rape/sexual assault, and deprivation/passive torture. These factors were significantly correlated with a number of demographic variables (sex, education, and region of origin). Post Traumatic Stress Disorder, anxiety, and depression symptoms were significantly correlated with the rape factor but no other factors were uniquely associated with psychological distress. The results offer insight into the nature of torture and differences in responses.     

An exploratory study of women arrested for intimate partner violence: violent women or violent resistance?

With the advent of mandatory and pro-arrest laws for incidents of intimate partner violence, there has been an increase in the number of women arrested for domestic violence. Several explanations are posed in the literature that attempt to explain such a rise, including the hypothesis that women are being arrested not for offensive violence but rather for defensive violence. Few studies, however, have used empirical data to support such arguments. This exploratory study examines the characteristics of women arrested for intimate personal violence. Particular attention is paid to women arrested with their partner (i.e., dual arrestees) and the contextual characteristics of dual arrestee incidents. Important differences are uncovered in the context and consequences of arrest for dual arrestees (n = 21) compared to women arrested alone as the offender (n = 49). Implications of these findings and further research directions are discussed.     

Correlates of correctional officer job stress: The impact of organizational structure

Corrections can be a very stressful occupation, producing many negative outcomes for employees. These outcomes, both mental and physical, not only affect the employee, but the entire organization. A large body of literature has focused on identifying correlates of correctional staff job stress; yet, not all of the possible correlates have been studied. One area that has received little, if any, attention is the impact of the organizational structure on correctional job stress. Organizational structure includes issues of centralization, instrumental communication, integration, and organizational justice. The results of multivariate analysis indicate that instrumental communication and procedural justice have a direct effect on correctional staff job stress.     

刑事诉讼的法理和政治基础

本文从法治的核心内容出发,论述了证据法对诉讼制度的重要意义以及证据是法治的基石的原理.作者认为,证据法具有普适性,证据法的大部分内容在人类所有的诉讼程序中都是相同的,只有极其微小的例外.相比之下,刑事诉讼法具有地方性,体现了不同的制度安排和设想.诉讼法是本土化的,属于地方性知识;像实体法一样,它反映了时间空间的特殊性.刑事程序不能与其周围因素隔绝开来而孤立地加以看待,而要分析政府的性质、政府与民众的适当关系以及个人利益的性质等.因此,研究美国刑事诉讼法,不能仅仅考察成文法律和案例,还要深入了解美国的历史、文化、经济以及其他影响因素.要理解美国刑事司法制度的实际运作,需要深入研究其法理和政治问题,包括:书本上的法律与实践中的法律之间的差别;程序法与实体法之间紧密的相互关系,特别是事实上程序法是实体法的载体,而非我们习惯上所认为的相反的情况;一般的历史,特别是种族关系和种族歧视问题;经济因素.     

Assessing the impediments to organizational change: A view of community policing

This article identifies and assesses the impediments to implementing one aspect of community-oriented policing (COP): designated patrol assignments. The research was based on 126 interviews with three different levels of police practitioners (top, middle, and street-level) in three different southwest police departments. While this exploratory study examined several factors that could potentially impede or facilitate change, it was found that individual attitudes towards COP and pressure had the most significant effect on the process of change.