Understanding the Relationship Between Racial Prejudice and Support for the Death Penalty: The Racist Punitive Bias Hypothesis

Many studies have shown that there are significant racial disparities in the application of death penalties. In this paper, three studies (N = 484, 94% female), conducted in France, test and explore why racial prejudice and support for the death penalty (SDP) are strongly and positively related. First, prejudice against Arabs remains a significant predictor of SDP, even when ethnocentrism/authoritarianism (Study 1) and Right-Wing Authoritarianism (RWA; Study 2) are statistically controlled. Second, the attribution of criminal traits to Arabs (Study 1) or criminality-based prejudice (Studies 2 and 3) significantly mediates the relationship between racial prejudice and SDP. Finally, a path analysis illustrates that two relatively independent processes could explain the relationship between prejudice towards Arabs and SDP: criminality-based prejudice leading to specific SDP for Arabs and Social Dominance Orientation (Study 3). Together, these results provide support for the racist punitive bias hypothesis. When racist people think about questions of crime and punishment, they frame the issue in racial terms, leading them to support a punitive law which in their minds will mainly punish minority racial groups.     

再论独立董事制度在中国的适用

独立董事制度在中国的适用目前仍然充满争议。本文从我国上市公司特殊的股权结构入手,充分论证了独立董事制度是解决我国上市公司治理中存在的根拳问题应选择的改革路径。参照国外的经验和模式,对独立董事制度的定义、功能以及任免机制等均作了阐述和分析．并对现有独立董事制度的改进提出了改进建议,以期对符合中国国情的独立量事法律制度的完善有所裨益。     

Achieving and Managing Equality in the Criminal Justice Process: Do the New Equality Measures Go Far Enough?

Abstract: This article will explore some of the legal and organisational challenges facing the various agencies involved in the delivery of criminal justice, in the UK, in adhering to the Equality Act 2006, Equality Duties and the forthcoming Single Equality Act (which, proposes a Single Equality Duty). We will consider the impact of these changes with reference to European legislation. Of particular interest will be the themes of effective implementation of the current Duties, equality of access and equality of outcome for both victims and offenders to appropriate services to tackle offending behaviour and the prevention of crime. This article will highlight issues surrounding impact assessment and the role of agency discretion and regulation. We offer some comments on future directions and the role of the regulatory bodies including the Equalities and Human Rights Commission (EHRC).     

Racial profiling and searches: Did the politics of racial profiling change police behavior?*

Research Summary Scholarly research has documented repeatedly that minority citizens are disproportionately stopped, searched, and arrested relative to their baseline populations. In recent years, policymakers have brought increased attention to this issue as law‐enforcement agencies across the United States have faced allegations of racial profiling. In the 1990s, the politics generated by accounts of racially biased policing placed heightened pressure on law‐enforcement agencies. However, to date, few studies have explored whether the increased social and political scrutiny placed on police organizations influenced or changed their general pattern of enforcement among black and white citizens. Using data in the search and citation file from the North Carolina Highway Traffic Study, this research specifically examined whether the politics generated by the media coverage of racial profiling and racial profiling legislation in North Carolina influenced the search practices of officers of the North Carolina State Highway Patrol's drug interdiction team. The findings suggest that media accounts and the passage of new legislation were particularly powerful influences, which thereby reduced racial disparity in searches. Declines in the use of consent searches and an increased probability of finding contraband also were influenced by the politics of racial profiling. Policy Implications The results of this study suggest several important policy recommendations. First, law‐enforcement agencies must monitor the policing practices of their officers because such supervision can influence officer compliance with fair and unbiased policing policies. Next, supervisors need to familiarize themselves with enforcement data to identify potential problem officers and organizational practices. By doing so, police organizations will not only increase officer accountability but also will potentially improve communication with their local communities. Such communication can empower community members to file charges against officers who violate their civil rights. Next, the media and political effects documented in this study suggest that external oversight can be particularly influential on police practices. Therefore, police agencies should consider developing a citizen complaint board, which is an external oversight board that would be responsible for investigating allegations against officers who engage in racial profiling or other racially biased enforcement practices. Such a board could assist police administrators in identifying problem officers as well as in making recommendations for corrective action. Finally, external social and political pressure must continually be placed on police forces to improve equity in police behavior. These external forces can assist in creating opportunities for police to increase the overall quality and efficacy of policing.     

保险服务者说明义务的边界——兼评《中华人民共和国保险法》第17条

天然信息不对称的保险市场中,由于对交易内容认识差距的存在,使保险消费者与保险服务者之间的利益冲突日趋激烈。严重的信息不对称带来的利益失衡使更多的焦点集中于保险服务者义务的履行——尤其是说明义务的强化与关注。在保险服务者与保险消费者利益的博弈中,应以利益衡平原则为指导,寻找各方利益的平衡点,缓和信息不对称之下保险合同当事人之间的矛盾,界定保险服务者义务的边界,以保证保险市场健康有序地发展。     

论有限责任公司股权转让效力与相关文件记载的关系——新公司法视角下的理论与实践分析

有限责任公司股权转让的效力除受股权转让合同影响之外,公司章程、股东名册变更登记以及工商变更登记都可能成为股权转让出现瑕疵的因素。对于不符合章程规定的股权转让的法律后果,应当区分受让人的善意和恶意;股东名册变更登记是股权转让的生效要件,这种股权仅能对公司及其他股东主张,不能对抗第三人;工商变更登记使股权转让产生了对抗公司外部第三人的效力,但对股权转让的实质效力并无影响。     

中美私募股权投资基金法律浅析

私募股权投资基金在近二十年的时间里,在国际资本市场上取得了飞速的发展,成为寻求资金支持的非上市企业的重要资金来源。美国作为私募股权投资基金的发源地,法律上为其发展和运作提供了有利的空间。私募股权投资基金在我国发展的时间不长,但也逐渐反映出其巨大的能量。研究美国有关法律制度并在符合我国国情的条件下加以借鉴具有重要意义。     

论维护公平正义与构建和谐社会

社会公平正义缺失容易造成社会不同阶层和群体之间的利益矛盾加剧,进而酿成社会冲突和社会危机,影响经济发展、社会和谐和国家稳定。构建和谐社会,首先要为社会各个群体提供平等的机会和公正的起点,保持社会公平正义,使社会全体成员尤其是弱势群体共享经济社会发展成果。     

Using Administrative Data to Monitor Racial/Ethnic Disparities and Disproportionality Within Child Welfare Agencies: Process and Preliminary Outcomes

Child welfare administrative data are increasingly used to identify racial/ethnic disproportionality and disparities at various levels of aggregation. However, child welfare agencies typically face challenges in harnessing administrative data to examine racial/ethnic disproportionality and disparities at meaningful levels of analysis due to limited resources and/or tools for reporting. This article describes the process through which a multi-state workgroup designed and developed management reports to monitor racial/ethnic disparities and disproportionality using a web-based child welfare administrative data reporting system. The article provides an overview of the process, outcome, and challenges of the group’s work with the goal of offering a starting point for discussion to others who may be seeking to monitor racial/ethnic disparities and disproportionality, regardless of their reporting system.     

LYNCHINGS,RACIAL THREAT,AND WHITES’ PUNITIVE VIEWS TOWARD BLACKS

Disparities in historical and contemporary punishment of Blacks have been well documented. Racial threat has been proffered as a theoretical explanation for this phenomenon. In an effort to understand the factors that influence punishment and racial divides in America, we draw on racial threat theory and prior scholarship to test three hypotheses. First, Black punitive sentiment among Whites will be greater among those who reside in areas where lynching was more common. Second, heightened Black punitive sentiment among Whites in areas with more pronounced legacies of lynching will be partially mediated by Whites’ perceptions of Blacks’ criminality and of Black‐on‐White violence in these areas. Third, the impact of lynching on Black punitive sentiment will be amplified by Whites’ perceptions of Blacks as criminals and as threatening more generally. We find partial support for these hypotheses. The results indicate that lynchings are associated with punitive sentiment toward Black offenders, and these relationships are partially mediated by perceptions of Blacks as criminals and as threats to Whites. In addition, the effects of lynchings on Black punitiveness are amplified among White respondents who view Blacks as a threat to Whites. These results highlight the salience of historical context for understanding contemporary views about punishment.