交通环境的生态法治建设路径

当下我们生活的城市伴随着私家车辆的急速增长,交通拥堵带来了一系列的社会问题。空气窒息、交通窝心、停车闹心、出行发愁、骑车恐惧,难道这就是我们文明的发展结果吗？巨大的矛盾使得城市交通问题上升为民生问题,如何破解这一难题成为大中城市面临的一大课题。笔者试图从交通环境的生态法治建设角度为切入点,以法律生态化为价值引导,提出自己对城市交通环境的立法建议,以期通过立法引导、规范政府决策、引导人们生活与行为方式的改变,最终实现和谐发展。     

Health‐Care Data Protection and Biometric Authentication Policies: Comparative Culture and Technology Acceptance in China and in the United States

A proliferation of health information technology (HIT) policies to implement dimensions of e‐health, including electronic medical records, electronic health records, personal health records, and e‐prescribing—along with expanding initiatives on mobile health in developed countries and emerging technologies—has sparked academic inquiry into the protection of privacy and data and the technology to protect privacy and data. This article examines HIT policies in the United States and in China and the use of authentication technologies to assess biometrics as privacy's friend or foe in different political frameworks with varying conceptions of privacy. An analysis of privacy in the context of health data protection, challenging relations of trust between patients and providers, the increasing perspective of health data integrity as a cyber‐security issue, and the growing rate of medical fraud and medical identity theft may yield findings of a convergence of views of privacy and biometrics unexpected of contrasting political cultures.     

贪污罪与诈骗罪辨析

贪污罪与诈骗罪分别属于刑法分则贪污贿赂罪与侵犯财产罪。文章从蒋某等八人犯罪一审定罪错判入手,具体分析了贪污罪与诈骗罪基本犯罪构成之不同及共同犯罪中主犯与从犯的区别。最后认定本案应为贪污罪。     

Mortgage origination fraud and the global economic crisis

Research Summary The study outlined in this article analyzed the responses of 23 subjects previously and currently employed in the subprime lending industry to understand the implications and role of white-collar crime in the contemporary subprime mortgage crisis and to document the rationalizations that offenders use to explain their involvement in mortgage-related crimes. The subjects represented five sectors of the primary mortgage market, including brokerage, lender, escrow, title, and appraisal offices. Secondary sources of data for the study included media accounts, government reports, and industry studies. The research findings detail accounts of mortgage frauds in the subprime lending industry that resulted from inadequate regulation, the indiscriminate use of alternative loan products, and the lack of accountability in the industry. Policy Implications The study results suggest that the problem of mortgage origination fraud would be prevented best by major reform of financial policies and lending practices that characterize the subprime mortgage industry. Several broad recommendations are proposed in this article that highlight the need to recognize the potential for insider fraud, to enhance government regulation and oversight, to tighten loan qualification requirements, and to increase standards of underwriting. Observations are offered concerning the need to highlight white-collar crime in understanding the global financial crisis and to preventing future debacles.     

Beyond NIMBY and poverty deconcentration: reframing the outcomes of affordable rental housing development

Policies and research around affordable rental housing remain stuck between the “rock” of not-in-my-backyard (NIMBY) fears and the “hard place” of deconcentrating poverty goals, leading to fragmented outcome measurement in contemporary project-based affordable rental housing programs. This article compares the motivations and results of existing research focused on NIMBY concerns around place to that of programs that promote the deconcentration of poor people. We suggest reframing the argument for project-based affordable rental housing by bolstering outcome measurement on neighborhoods and developments and expanding it to include tenants. Building upon current evaluation practices of mobility studies and the Low Income Housing Tax Credit program, we present a comprehensive framework for evaluating outcomes of project-based rental housing developments within their local context at three relevant scales: project, household, and community. We present an array of indicators and examine data collection needs and limitations, acknowledging the political and financial obstacles to comprehensive evaluation but arguing for the need to justify expenditures and prove results to the public. We recommend that government agencies stretch beyond NIMBY arguments and deconcentration of poverty goals to be proactive in targeting, measuring, publicizing, and redressing an expanded set of outcomes through better comprehensive planning for affordable housing. Through more rigorous and comprehensive evaluation of outcomes at all scales, it may be shown that affordable housing development yields a broad range of benefits for the people housed, projects financed, and the communities where it is built.     

Measuring What Matters: A Call for a Meaningful Metric of Affordable Rental Housing Production Cost-Efficiency

The metric commonly used in debates and research concerning the cost-efficiency of multifamily rental housing production, total development cost per unit, sacrifices too much analytical power in return for its ease of computation. This article proposes a replacement metric, the subsidy per housing affordability equivalent (SHARE) ratio. This measure is applied to a set of 399 nonprofit-sponsored rental housing developments completed in California over the past decade. Evidence suggests that the use of SHARE would evaluate deeply subsidized family projects and mixed-use projects with commercial space more favorably than total development cost per unit would. The reverse is true for projects restricted to seniors and for those financed with Low-Income Housing Tax Credits.     

Housing Subsidies and Early Childhood Development: A Comprehensive Review of Policies and Demonstration Projects

ABSTRACT

In this article, we ask how housing subsidies might influence young children. We examine two national housing policies – public housing assistance and the Section 8 vouchers program – and two demonstration projects that aimed to improve the administration of providing housing subsidies – HOPE (Homeownership Opportunities for People Everywhere) VI and Moving to Opportunity. This article is a critical examination of these policies and demonstration projects in relation to the following housing dimensions that promote the healthy development of young children: income supplements residential stability, physical environment, access to services and amenities, housing choice, neighborhood safety, and social capital. We compared advantages and limitations of each of these national housing policies and demonstration projects and examined ways in which they might influence children in these housing dimensions. The article concludes with implications and future research directions for U.S. housing policy by discussing its most recent U.S. Department of Housing and Urban Development (HUD) initiative, Rental Assistance Demonstration, in addressing limitations of housing policies and demonstration projects we examined.     

Detection of genotype recycling fraud in U.S. immigrants

Abstract: Relationship testing laboratories provide genetic evidence to support or refute claims of kinship between U.S. citizen petitioners and potential immigrant beneficiaries. One female beneficiary presented a male amelogenin type and alleles at 15 autosomal loci that were identical to an alleged brother’s. Laboratory records showed that her alleged father had petitioned to have 15 children emigrate from Ghana. The petitioner’s 15 paternity indices exceeded 10⁵, but the children shared only four short tandem repeat (STR) profiles, suggesting fraudulent reuse of genotypes in this alleged pedigree (AP). To determine the extent of this “genotype recycling,” I examined the laboratory’s 555 APs from Ghana and 532 control APs from Nigeria. Seventeen Ghanaian APs (3.1%) but no Nigerian APs showed genotype recycling. Of 90 tested people in the 17 APs, 56 shared identical STR profiles with others in their AP. Of these 56 people, 10 were petitioners with unexpectedly high parentage indices. Seven of 56 had amelogenin types that disagreed with their declared genders. Database searches for identical multilocus genotypes in allegedly different people would best detect this fraud.     

我国上市公司财务报告舞弊的路径与成因

财务报告舞弊严重影响了证券市场的规范发展,损害了证券市场优化资源配置的市场功能,阻碍证券市场的健康发展。其舞弊路径主要是扭曲政策本意,使用不合理的会计核算方法;通过虚构经济业务舞弊;利用资产重组及关联交易舞弊等方面。财务报告舞弊的原因主要有公司治理结构不完善、政府监管不到位、信息不对称、投资者投机心理等。     

Trace element fingerprinting of Australian ocher using laser ablation inductively coupled plasma-mass spectrometry (LA-ICP-MS) for the provenance establishment and authentication of indigenous art

The expansion of indigenous art and the interest it has generated both at a domestic and international level means large monetary transactions are taking place between art galleries or centers and purchasers. As such, an accurate and conclusive method for provenance determination of traditional indigenous artistic materials must be established that can, if necessary, be used to assist in authentication of artworks. Laser ablation inductively coupled plasma mass spectrometry was utilized for elemental differentiation and provenance establishment of ocher samples. This research was used to develop a robust scientific protocol which facilitates definitive and accurate determination of provenance of Australian ochers and the artworks created using them. Analysis of the results obtained through this study show that the trace metal distribution patterns alone appear to be sufficient evidence to establish provenance of specific ochers, although additional differentiation between ocher samples, using major element distribution patterns, was achieved through the utilization of X-ray analytical techniques.