被告人与律师之间的辩护冲突及其解决机制

被告人与其辩护律师之间的辩护冲突是我国辩护实践中的一个突出问题,这一问题无论在理论上还是在实践中都没有得到很好的解决。域外处理辩护冲突有两种模式：一种是以美国为代表的“当事人主导辩护”模式,另一种是大陆法系国家的“律师独立辩护”模式,两种模式分别有其形成的内在机理和运行逻辑,且各有利弊。我国辩护冲突的解决应当借鉴“律师独立辩护”模式之所长,实现从“绝对独立”向“相对独立”的转型,并通过“辩护协商”的工作机制预防和化解辩护冲突。     

行政处罚中“一事不再罚”原则探究

"一事不再罚"原则作为行政处罚适用中的一项基本原则,已为我国法学界普遍认同,但如何理解和适用,在理论和实践中还存在不少分歧,也暴露出该原则理论上的不成熟和迫切的现实需要之间的矛盾。为保护公民、法人或者其他组织的合法权益,规范行政处罚实施,实现罚当其过,解决实践中的重复处罚、多头处罚问题,应进一步明确该原则的内涵,统一其适用原则和标准。     

后小康时代我国相对贫困治理的挑战与应对

在全面消除绝对贫困后,我国的贫困治理已转向相对贫困.当前,我国的国际方位、发展方位、社会主要矛盾发生了历史性变化,相对贫困治理也面临着相对贫困人群瞄准难、相对贫困扶持精准供给难、"能力贫困"及"精神贫困"韧性大、碎片化与系统化矛盾调和难等挑战.后小康时代,应构建相对贫困治理长效机制,织密多维动态识别、政策统筹衔接、持续...     

The preservation needs of public housing

Abstract

The paper examines the preservation needs of public housing from the perspective of its physical condition and its ongoing repair and replacement needs. It begins by examining the range of needs that exist today, including the level of expenditures that would be required to put the stock in working order to meet existing codes, and to ensure the long‐term viability of the development. It then explores the level of expenditures that would be required on an ongoing basis to keep the stock in good repair and to meet future capital and preventive maintenance needs. The final section addresses several important policy issues, including overall funding requirements, the cost‐effectiveness of preservation efforts compared with vouchers and new construction, the special problems of troubled public housing authorities, and the need to establish stronger incentives for capital planning.     

From dependency to self‐sufficiency: An appraisal of the gateway transitional families program

Abstract

This article presents a longitudinal evaluation of the Gateway Transitional Families Program, an innovative self‐sufficiency program designed to help public housing residents leave public housing for their own homes. The evaluation followed participants and a comparison group over six years to isolate program impacts on employment and receipt of Aid to Families with Dependent Children (AFDC), food stamps, and housing assistance.

Many participants dropped out of the program. Difficulty in juggling educational and child‐rearing responsibilities, noncompliance with program or public housing regulations, low wages while in the program, impatience with the length of the program, and staff shortages and turnover contributed to the dropout rate. Those who finished the program experienced modest increases in income, decreases in receipt of AFDC and food stamps, and reduced reliance on housing assistance relative to comparison group members. Furthermore, graduates were more likely than comparison group members to have bought a home.     

Neighborhood change and the city of New York's ten‐year housing plan

Abstract

This article examines neighborhood changes associated with New York City's Ten‐Year Plan—the largest municipal housing program in the United States. We examine indicators of change, in the context of two possible hypotheses about the program's impact: (1) neighborhood revitalization, including improved physical and housing market conditions, as well as gentrification, and (2) the concentration of poor and welfare‐dependent households, as well as the possibility of residential segregation by race or ethnicity.

Our results present a mixed picture, with some evidence favoring both hypotheses, especially when parts of the city, particularly the South Bronx, are examined separately. Specifically, the program is associated with steep declines in the rate of boarded‐up buildings and some indications of increased home values, as well as rent burdens. However, it is also correlated with increases in maintenance deficiencies and a greater proportion of poor, single‐parent, and welfare‐dependent households, but there is little evidence of accentuated residential segregation.     

New York city and subsidized housing: Impacts and lessons of the city's $5 billion capital budget housing plan

Abstract

New York City has devoted far more resources to the development and rehabilitation of affordable housing than any other U.S. city, investing more than $4 billion from 1986 to 1997. This article surveys the impact, status, and implications of New York's housing programs. It looks at correlations between publicly funded housing starts and changes in the housing stock, welfare rolls, and crime and at the economic impact of the city's housing investments within low‐income neighborhoods.

New York's housing programs have transformed neighborhoods, replacing large swaths of abandoned shells and vacant land with new housing and preserving thousands of buildings at risk of abandonment. While these housing investments correlate most strongly with reductions in vacant units and vacant lots, they also show significant correlations with reductions in welfare rolls and violent crime, but uneven economic impacts as well. New York's housing programs are important nationally less for the specifics of particular programs than for the institutional collaborations on which they are founded.     

Challenges confronting nonprofit housing organizations’ self‐sufficiency programs

Abstract

In recent years, interest has grown at the federal level in strategies to combine subsidized housing with programs promoting household self‐sufficiency. This article explores how nonprofit housing organizations conceptualize their self‐sufficiency programs for their residents. A broad definition of self‐sufficiency is presented—one that is not exclusively focused on the individual and, instead, also includes program strategies that are focused on changing the context in which individuals live and work.

The paper then analyzes the relationship between the self‐sufficiency strategies being implemented in the nonprofit housing world and how these organizations will be affected by welfare reform, the shrinking and restructuring of federally subsidized housing, the emergence of block grant job training and workforce development programs, and the general devolution of government programs into ever more fungible pots at state and local levels. These transformations in the domestic policy agenda will present challenges to nonprofit housing organizations and to the goal of promoting self‐sufficiency.     

The redevelopment of distressed public housing: Early results from HOPE VI projects in Atlanta,Chicago, and San Antonio

Abstract

The redevelopment of distressed public housing under the Urban Revitalization Demonstration Program, or HOPE VI, has laudable social, physical, community, and economic goals. Three public housing projects in Atlanta, Chicago, and San Antonio demonstrate the complexity and trade‐offs of trying to lessen the concentration of low‐income households, leverage private resources, limit project costs, help residents achieve economic self‐sufficiency, design projects that blend into the community, and ensure meaningful resident participation in project planning.

Although worthwhile and ambitious, HOPE VI cannot achieve all these goals. More of them can be achieved by developing strategies related to the strength of the local real estate market. To that end, the U.S. Department of Housing and Urban Development and public housing authorities must use the market‐based tools in the Quality Housing and Work Responsibility Act of 1998. Standards for improved physical design and resident participation and further research on critical supportive services for residents are also needed.     

The Low‐Income Housing Tax Credit An Analysis of the First Ten Years

Abstract

The Low‐Income Housing Tax Credit (LIHTC) has been the de facto federal rental housing production program since its creation in the Tax Reform Act of 1986. In this article, using a detailed database on 2,554 LIHTC projects, we analyze the costs of building these projects, where they are built, their financial viability, whom they serve, who finances them, and the size of the subsidies provided to them.

The LIHTC is a flexible program that has built different types of housing in various markets. While LIHTC projects serve low‐ and moderate‐income households, their rents are beyond the reach of many poor households without additional subsidy. Revenues just cover costs for many LIHTC projects. Over time, considerably more of each tax‐credit dollar has ended up in the projects, and returns to equity investors have dropped significantly, perhaps reflecting an increased understanding of project risks. We estimate that LIHTC projects developed by nonprofits are 20.3 percent more expensive than those developed by for‐profits.