董事勤勉义务判断标准比较研究

董事勤免义务判断标准的界定,关涉公司股东与董事之间利益冲突的平衡,如何激发董事的最大热情为公司利益服务,又避免其懒惰、疏忽而损害股东权益,法定一般客观标准与公司章程的补充细化相结合,同时加以商业判断规则之辅助,则为最佳的选择方案。     

充分发挥检察职能依法治理商业贿赂

商业贿赂犯罪可以界定为发生在商业活动领域的贿赂犯罪.商业贿赂犯罪有重点的发案领域,并且同国家公务员利用行政审批权、执法权和司法权索取、收受贿赂紧密相关.检察机关在治理商业贿赂专项工作中主要承担查办商业贿赂案件、审查批捕和审查起诉、加强诉讼监督以及结合查办商业贿赂案件,协助有关行业或者系统、领域建立防治商业贿赂长效机制.完善立法以及法律政策界限的厘清,将是深入开展治理商业贿赂专项工作的有效途径和保障.     

论对商品房预售合同购买人权利的保护及其完善

商品房预售合同购买人直接基于合同享有的权利为债权。预售合同登记与否不影响购买人享有债权,但对购买人权利效力的强弱有影响。现行司法解释在一定情况下赋予购买人权利以物权效力保护,但在权利定位、对抵押秩序的影响和与物权法定关系等方面存在明显不足。大陆法系民法承认物权与债权区分的局限性,以预告登记制度保护不动产物权受让人。我国应借鉴预告登记制度,更新认识并改造预售合同登记制度,完善购买人权利保护。     

Long-term consequences of being placed in disciplinary segregation†

Being placed in restrictive housing is considered one of the most devastating experiences a human can endure, yet a scant amount of research has been conducted to test how this experience affects core indicators of prisoner reentry such as employment and recidivism. In this article, we use Danish registry data, which allow for us to link penal conditions to postrelease outcomes, to show how the reentry outcomes of individuals placed in disciplinary segregation, which is placement in restrictive housing because of disciplinary infractions, compare with those sanctioned for in-prison offenses but not placed in segregation. The results from matched difference-in-differences analyses show that Danish inmates placed in disciplinary segregation experience larger drops in employment and larger increases in the risk of being convicted of a new crime in the 3 years after release from a correctional facility than do Danish inmates who were sanctioned for a serious offense but not placed in disciplinary segregation as a result. Because being placed in disciplinary segregation, and restrictive housing more broadly, is so common, these results indicate that restrictive housing placement may be a key moderator of the effects of incarceration that merits more attention from criminologists, provided the associations shown here represent causal effects and generalize.     

坚持科学发展 实现住有所居——解决城镇居民住房问题的政府视角

“住有所居”是保障和改善民生的重要目标,也是政府肩负的执政责任。它要求各级政府必须明确相应职责和角色定位,着力保障和改善民生,促进社会公平正义,走出产业定位、征地拆迁、房价调控、市场失效、住房保障、住房消费、环境保护等方面的误区,探寻出一条解决城镇居民住房问题的科学发展之路。     

民法总则民商主体界分的制度缺陷与完善思路

民法总则关于民商主体界分的整体制度设计因自然人与法人的不同而分别遵循了不同的逻辑标准,但都直接体现或隐含了“营利性目的”的内涵。民法总则民商主体界分制度在概念使用和标准贯彻上存在逻辑缺陷,进而导致实践中可能面临诸多难题。可行的完善思路是对商自然人的主体制度建构采取由基本法确立营业权和由单行法规定具体规则的方式;用“组织”作为主体概念统领“法人”和“非法人组织”;将商组织的具体制度纳入民法典专编或者商事基本法加以规定,并且在民商主体界分时采取法律判定与事实判定相结合的模式。     

Points for Place: Can State Governments Shape Siting Patterns of Low-Income Housing Tax Credit Developments?

There is considerable controversy about the allocation of Low-Income Housing Tax Credits (LIHTC). Some charge that credits are disproportionately allocated to developments in poor, minority neighborhoods without additional investments and thereby reinforcing patterns of poverty concentration and racial segregation. We examine whether Qualified Allocation Plans, which outline the selection criteria states use when awarding credits, can serve as an effective tool for directing credits to higher opportunity neighborhoods (or neighborhoods that offer a rich set of resources, such as high-performing schools and access to jobs) for states wishing to do so. To answer this question, we study changes in the location criteria outlined in allocation plans for 20 different states across the country between 2002 and 2010, and observe the degree to which those modifications are associated with changes in the poverty rates and racial composition of the neighborhoods where developments awarded tax credits are located. We find evidence that changes to allocation plans that prioritize higher opportunity neighborhoods are associated with increases in the share of credits allocated to housing units in lower poverty neighborhoods and reductions in the share allocated to those in predominantly minority neighborhoods. This analysis provides the first source of empirical evidence that state allocation plans can shape LIHTC siting patterns.     

Gateway to Opportunity? Disparities in Neighborhood Conditions Among Low-Income Housing Tax Credit Residents

A key goal of housing assistance programs is to help lower income households reach neighborhoods of opportunity. Studies have described the degree to which Low-Income Housing Tax Credit (LIHTC) developments are located in high-opportunity neighborhoods, but our focus is on how neighborhood outcomes vary across different subsets of LIHTC residents. We also examine whether LIHTC households are better able to reach certain types of neighborhood opportunities. Specifically, we use new data on LIHTC tenants in 12 states along with eight measures of neighborhood opportunity. We find that compared with other rental units, LIHTC units are located in neighborhoods with higher poverty rates, weaker labor markets, more polluted environments, and lower performing schools, but better transit access. We also find that compared with other LIHTC tenants, poor and minority tenants live in neighborhoods that are significantly more disadvantaged.     

Rental Housing Assistance and Health: Evidence From the Survey of Income and Program Participation

Interest in the health impacts of renter housing assistance has grown in the wake of heated national discussions on health care and social welfare spending. Assistance may improve renters’ health by offering (a) low, fixed housing costs; (b) protection against eviction; and (c) access to better homes and neighborhoods. Using data from the Survey of Income and Program Participation and econometric analysis, I estimate the effect of receiving assistance from the public housing or Section 8 voucher programs on low-income renters’ reported health status and spending. Assisted renters spent less on health care over the year than unassisted low-income renters did, after controlling for other characteristics. This finding suggests that assisted housing leads to health benefits that may reduce low-income renters’ need to purchase health services. Voucher holders’ lower expenditures are influenced by their low, fixed housing costs, but public housing residents’ lower expenditures are not explained by existing theory.     

Linking Public Housing to Education: A Comparative Case Study of HOPE VI

This research examines the federally funded HOPE VI urban revitalization program’s influence on neighborhood public school performance. A comparative case study was conducted in two HOPE VI neighborhood public schools, one that improved significantly (Philadelphia), and one that experienced a decline (Washington DC). The analysis revealed several insights into neighborhood factors that may influence school performance: the most vulnerable residents were least likely to gain reentry, mixed income housing residents often opt out of traditional public schools, and partnerships between public housing and education officials have been historically overlooked.