Private Arbitration of Incidental Public Law Issues

DEFF Research Database (Denmark)

Werlauff, Erik

2009-01-01

 The article discusses the incidental public law issues which can arise in an arbitration case, e.g. concerning power, heating, natural gas and other public facility legislation, national or Community legal restrictive trade practices law, and rules on state administration approval of the terms...... by arbitration, and where the award is nullifiable only if its findings are in violation of public policy, the ordre public. The article relies on UNCITRAL's Model Arbitration Law, the new Danish arbitration act (DAA), national European case law, and literature and case law of the European Court....

Beyond Public Particpation: The disjuncture between South Africa's Environmental Impact Assessment (EIA Law and Sustainable Development

Directory of Open Access Journals (Sweden)

T Murombo

2008-10-01

Full Text Available One of the key strategies for achieving sustainable development is the use of the process of evaluating the potential environmental impacts of development activities. The procedure of environmental impact assessment (EIA implements the principle of integration which lies at the core of the concept of sustainable development by providing a process through which potential social, economic and environmental impacts of activities are scrutinised and planned for. Sustainable development may not be achieved without sustained and legally mandated efforts to ensure that development planning is participatory. The processes of public participation play a crucial role in ensuring the integration of the socio-economic impacts of a project into the environmental decision-making processes. Public participation is not the only process, nor does the process always ensure the achievement of sustainable development. Nevertheless, decisions that engage the public have the propensity to lead to sustainable development. The public participation provisions in South Africa’s EIA regulations promulgated under the National Environmental Management Act 107 of 1998 show a disjuncture between the idea of public participation and the notion of sustainable development. The provisions do not create a framework for informed participation and leave a wide discretion to environmental assessment practitioners (EAPs regarding the form which participation should assume. In order for environmental law, specifically EIA laws, to be effective as tools to promote sustainable development the laws must, among other things, provide for effective public participation. The judiciary must also aid in the process by giving content to the legal provisions on public participation in the EIA process.

Law, Economics, and Culture: Theory of Mandated Benefits and Evidence from Maternity Leave Policies

OpenAIRE

Yehonatan Givati; Ugo Troiano

2012-01-01

Why do some countries mandate a long maternity leave, while others mandate only a short one? We incorporate into a standard mandated-benefit model social tolerance of gender-based discrimination, showing that the optimal length of maternity leave depends on it. The less tolerant a society is of gender-based discrimination, the longer the maternity leave it will mandate. Relying on recent research in psychology and linguistics according to which patterns in languages offer a window into their ...

Towards Safer Seafood: What Indonesian Law Should “Say” about Mercury-Contaminated Fish

Directory of Open Access Journals (Sweden)

Margaretha Quina

2016-08-01

Full Text Available Fish is a popular culinary dish in Indonesian culture and a major economic resource on which many people depend their livelihood. However, with severe pollution in Indonesian water, including uncontrolled mercury pollution which persists in the food chain and eventually gets into humans’ body as the top predator, fish safety is particularly worrying – especially taking into account the frequency of average Indonesians’ consumption of fish. In various jurisdictions, the management tool used by lawmakers and regulators with regard to this issue is information disclosure, or known as “fish advisory warning,” to cover the failure of command and control. This paper analyses whether Indonesian laws have provided the mandate or authority to issue fish advisory warning under Fishery Law, Food Law, Environmental Protection and Management Law, and Public Information Disclosure Law. It concluded that Indonesian law implies a statutory mandate for the government to issue fish advisory warning, at least in a situation involving the threat to general life – not specifically through the Fishery Law, Food Law, or EPML, but through PIDL’s immediate information mandate.  

NATIONAL PUBLIC LAW IS BACK, EUROPEAN LAW DISAPPEARS?

Directory of Open Access Journals (Sweden)

MARIUS VACARELU

2012-05-01

Full Text Available Analyzing the last two years main titles in daily press, we discover not only great economic problems inside the EU, but also big concerns about the future of EU, when a lot of states are victims of their public debt. For this big deficit, only national budget was good to help, at European level money are missing. In this idea, the concept: “EU with two speeds” really appears, and every government is forced today to have a position. But on this case, a good part of European laws are menaced by the national law coming back – it must be a legal system able to replace the holes, because every human situation must be regulated by a kind of law. In fact, last years discovered why a lot of political constructions are made only of “perfect papers”, not according with the reality. In this case, when integrationist plans are rejected by the reality, only the national states and the national public law are forced to intervene and to support the fury. Our text try to analyze where is the limit of EU law appliance in this case and how much national law will come back.

Rediscovering Principles of Public Administration: The Neglected Foundation of Public Law.

Science.gov (United States)

Moe, Ronald C.; Gilmour, Robert S.

1995-01-01

Public administration is at risk of losing its theoretical distinctiveness based on public law, leaving it vulnerable to advocates of the entrepreneurial management model. Administrative principles rooted in law can accommodate useful contemporary management concepts without compromising accountable public sector management. (SK)

Mid-mandate reports

CERN Multimedia

Staff Association

2011-01-01

Now half way through his mandate (2009-2013), our Director-General presented on 4th July a glowing report on both the scientific and technical fronts. This gives him, his team, and all CERN staff great satisfaction. Furthermore, despite a rather worrying economic situation in most of our Member States, he has managed to obtain the approval of the 2012 budget and the medium-term plan until 2016, which will allow our social security system, pensions and health insurance, to be considerably consolidated. The mandate of the President of the Staff Association lasts one year. So, where are we at half way through the mandate? Without doubt the pensions issue in particular kept us busy during the first six months. We explained to you during the two series of public meetings in April and June that we did not agree with the Management’s proposals for the new members and beneficiaries of the Fund and we showed you our own fairer proposals. However, under the continuous pressure of the Member States, almost...

International health law : an emerging field of public international law

NARCIS (Netherlands)

Toebes, Brigit

This article discusses the nature and scope of international health law as an emerging field of public international law. It is argued that the protection of health reflects a pressing social need that should now be spoken of in the vocabulary of international law. Furthermore, there is an urgent

Transnational Law of Public Contracts

NARCIS (Netherlands)

Audit, M.; Schill, S.W.

2016-01-01

Public contracts were traditionally conceived as instruments of domestic public law and used within markets confined to the territory of the state party to the contract. Globalization, however, subjects public contracting to an increasing number of processes that take place at a transnational level

International law, constitutional law, and public support for torture

Directory of Open Access Journals (Sweden)

Adam S Chilton

2016-03-01

Full Text Available The human rights movement has spent considerable energy developing and promoting the adoption of both international and domestic legal prohibitions against torture. Empirical scholarship testing the effectiveness of these prohibitions using observational data, however, has produced mixed results. In this paper, we explore one possible mechanism through which these prohibitions may be effective: dampening public support for torture. Specifically, we conducted a survey experiment to explore the impact of international and constitutional law on public support for torture. We found that a bare majority of respondents in our control group support the use of torture, and that presenting respondents with arguments that this practice violates international law or constitutional law did not produce a statistically significant decrease in support. These findings are consistent with prior research suggesting, even in democracies, that legal prohibitions on torture have been ineffective.

Legislating tolerance: Spain's national public smoking law.

Science.gov (United States)

Muggli, Monique E; Lockhart, Nikki J; Ebbert, Jon O; Jiménez-Ruiz, Carlos A; Riesco Miranda, Juan Antonio; Hurt, Richard D

2010-02-01

While Spain's national tobacco control legislation prohibits smoking in many indoor public places, the law provides for an exception to the prohibition of smoking by allowing separate seating sections and ventilation options in certain public places such as bars and restaurants, hotels and airports. Accordingly, Spain's law is not aligned with Article 8 Guidelines of the World Health Organization's Framework Convention on Tobacco Control, which requires parties to ensure universal protection against secondhand smoke exposure in all enclosed public places, workplaces and on all means of public transport. Spain's law is currently being promoted by the tobacco companies in other countries as a model for smoke-free legislation. In order to prevent weakening of smoke-free laws in other countries through industry-supported exceptions, we investigated the tactics used by the tobacco companies before the implementation of the new law and assessed the consequences of these actions in the hospitality sector. Internal tobacco industry documents made public through US litigation settlements dating back to the 1980s were searched in 2008-9. Documents show that tobacco companies sought to protect hospitality venues from smoking restrictions by promoting separate seating for smokers and ineffective ventilation technologies, supporting an unenforceable voluntary agreement between the Madrid local government and the hospitality industry, influencing ventilation standards setting and manipulating Spanish media. The Spanish National Assembly should adopt comprehensive smoke-free legislation that does not accommodate the interests of the tobacco industry. In doing so, Spain's smoke-free public places law would be better aligned with the Framework Convention on Tobacco Control.

Double Taxation Agreements: Between EU Law and Public International Law

OpenAIRE

Hofmann, Herwig

2011-01-01

After the first drafts of the Treaty of Lisbon were available outside of the small circle of cogniscenti, specialists of the various policies tried to establish whether the new Treaty on European Union (TEU) and Treaty on the Functioning of the European Union (TFEU) contained anything relevant for their specific areas of law. People interested in tax law and those interested in the relation between EU law and public international law quickly established that one familiar yet not always well u...

The effect of state dependent mandate laws on the labor supply decisions of young adults.

Science.gov (United States)

Depew, Briggs

2015-01-01

Prior to the Affordable Care Act, the majority of states in the U.S. had already implemented state laws that extended the age that young adults could enroll as dependents on their parent's employer-based health insurance plans. Because of the fundamental link between health insurance and employment in the U.S., such policies may effect the labor supply decisions of young adults. Although the interaction between labor supply and health insurance has been extensively studied for other subpopulations, little is known about the role of health insurance in the labor supply decisions of young adults. I use the variation from the implementation and changes in state policies that expanded dependent health insurance coverage to examine how young adults adjusted their labor supply when they were able to be covered as a dependent on their parent's plan. I find that these state mandates led to a decrease in labor supply on the intensive margin. Copyright © 2014 Elsevier B.V. All rights reserved.

Encyclopedia of Public International Law, 7 / Henn-Jüri Uibopuu

Index Scriptorium Estoniae

Uibopuu, Henn-Jüri, 1929-2012

1985-01-01

Tutvustus.: Encyclopedia of Public International Law, published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. (7. History of International Law. Foundations and Principles of International Law. Sources of International Law. Law of Treaties). Amsterdam, New York, Oxford: North-Holland Publishing Company, 1984

Development of an online tool for public health: the European Public Health Law Network.

Science.gov (United States)

Basak, P

2011-09-01

The European Public Health Law Network was established in 2007 as part of the European Union (EU) co-funded Public Health Law Flu project. The aims of the website consisted of designing an interactive network of specialist information and encouraging an exchange of expertise amongst members. The website sought to appeal to academics, public health professionals and lawyers. The Public Health Law Flu project team designed and managed the website. Registered network members were recruited through publicity, advertising and word of mouth. Details of the network were sent to health organizations and universities throughout Europe. Corresponding website links attracted many new visitors. Publications, news, events and a pandemic glossary became popular features on the site. Although the website initially focused only on pandemic diseases it has grown into a multidisciplinary website covering a range of public health law topics. The network contains over 700 publications divided into 28 public health law categories. News, events, front page content, legislation and the francophone section are updated on a regular basis. Since 2007 the website has received over 15,000 views from 156 countries. Newsletter subscribers have risen to 304. There are now 723 followers on the associated Twitter site. The European Public Health Law Network has been a successful and innovative site in the area of public health law. Interest in the site continues to grow. Future funding can contribute to a bigger site with interactive features and pages in a wider variety of languages to attract a wider global audience. Copyright © 2011 The Royal Society for Public Health. Published by Elsevier Ltd. All rights reserved.

Refusing to be Complicit in our Prison Nation: Teachers Rethinking Mandated Reporting

Directory of Open Access Journals (Sweden)

Erica Meiners

2016-11-01

Full Text Available Ensuring that Black Lives Matter in schools requires seismic shifts including excavating the ongoing practices and policies that reproduce heterogendered white supremacy in schools. However, what is too often erased in these movements is the key way the profession of teaching facilitates racialized surveillance and criminalization. Teachers are mandated reporters who are required by law to report suspected negligence and abuse. While on paper this charge looks neutral, this essay illustrates why teachers should rethink their roles and organize against mandated reporting laws. To teach to ensure that all Black Lives Matter requires refusing to be complicit in the mechanisms that contribute to the destruction of too many families and communities.

Convergence of the European law on public notaries

Directory of Open Access Journals (Sweden)

Salma Jožef

2012-01-01

Full Text Available In this paper the author analyzes the functions of public notaries, the evolution of the institution in Europe and its legal features in contemporary European law. The basic normative solutions of the German, Austrian, French, Italian, Hungarian, Slovakian, Slovenian and Croatian law are outlined. The importance of the European law on notaries public is also stressed, which aims to further the cooperation between national chambers on notaries public on European scale, in order to facilitate the cross-border transactions within the territory of the European Union. The gist of the converging common European rules pertaining to notaries public are the principle of independence of notaries and the principle of legality, which means that the notaries are in the performance of their duties bound only by the norms of civil substantive and procedure law. Notaries public perform also a function of public service, since they provide assistance to citizens in drafting their public instruments and private deeds (juridical acts and statements, that produce the required evidentiary strength. Depending on whether a given requirement of form of juridical act can be met only by the assistance of notaries public or by other public bodies, one may distinguish exclusively notarial acts from competing forms of juridical acts.

VARIOUS HISTORICAL CONSIDERATIONS REGARDING THE PUBLIC LAW–PRIVATE LAW DICHOTOMY

Directory of Open Access Journals (Sweden)

Emilian Ciongaru

2014-11-01

Full Text Available Throughout the history of law, has been structured logically in law institutions and branches being considered in a divided or unitary manner. But legal norms have obtained general recognition either taken as a unitary system or divided into divisions or branches as maximum logical-organizational structures. The law originally intersects with the process of formation and evolution of the state. The law has been formed unconsciously as the result of a psychological process in which the individual reacts to certain external stimuli. At the beginning, the law came under the form of nonunitary chaotic customs or practices. In the second phase, the law, though yet rudimentary, became a conscious action being imposed by a public force. The difference between the public law and the private law results from the fact that private law may be attributed to the structure of society, and the public law may be attributed to the superstructure of society. Even nowadays, the delimitation between the public law and the private law is not clear, because the most numerous legal relations refer both to the general interest and the private interest and, basically, the legal norms contribute to public order as the observation thereof brings social peace.

The state of internal audit’s regulatory mandate

Directory of Open Access Journals (Sweden)

Christo Ackermann

2016-08-01

Full Text Available The importance of an effective internal audit function in South African municipalities have been recognised insofar as internal audit functions are legally mandated to exist within municipalities. This also means that legally, internal audit has certain mandates which must be fulfilled in order to add value to management and audit committees, and ultimately, to the board of directors. Even though internal audit is sanctioned by this important legal mandate, evidence shows that internal audit does not always fulfil this mandate. This state of affairs has prompted a detailed review of the relevant laws and regulations governing the work of internal audit in South African municipalities in order to determine the extent to which key stakeholders find the regulatory work of internal audit useful in discharging their (stakeholders’ oversight responsibilities. Questionnaires were administered to audit committees. The results summarise the extent to which internal audit’s work assists audit committees in their oversight responsibilities as this ultimately affects the ability of audit committees to fulfil these responsibilities to the board of directors. The results indicate that audit committees are greatly dependent on internal audit as a provider of assurance on a variety of legally mandated variables. The results of this study can be used as a measure of best practice of the legally mandated duties performed by internal audit. It can also be used by other researchers in comparative studies and by practitioners to benchmark their work in order to better serve audit committees and ultimately, the board of directors

The Incorporation of Public International Law into Municipal Law and Regional Law against the Background of the Dichotomy between Monism and Dualism

Directory of Open Access Journals (Sweden)

Gerrit Ferreira

2014-11-01

Full Text Available Monism and dualism represent two different approaches towards the relationship between public international law and municipal law. While the former views public international law and municipal law as a single legal system, the latter regards these two areas of law as separate and distinct legal systems that exist alongside each other. However, not all legal systems are clearly either monist or dualist. The dichotomy between monism and dualism no longer only concerns the relationship between public international law and municipal law, but also increasingly affects the relationship between public international law and regional law. This contribution discusses the application of the monist and dualist approaches by the South African Constitutional Court in the Glenister case and the European Court of Justice in the Kadi and Hungary cases in order to illustrate the practical application of the dichotomy between monism and dualism in a municipal system and on a regional level.

Are Teachers Prepared? Predictors of Teachers' Readiness to Serve as Mandated Reporters of Child Abuse

Science.gov (United States)

Greytak, Emily A.

2009-01-01

The Child Abuse Prevention and Treatment Act (1974) requires that states receiving U.S. federal funds directed at child abuse implement mandated reporting laws. As a result, all states have adopted legislation requiring teachers and other professionals who deal with children to report suspicions of child abuse. The federal mandate for such…

Local contestation against the European Union Rule of Law Mission in Kosovo

NARCIS (Netherlands)

Mahr, Ewa

2018-01-01

This article examines local contestation against the European Union Rule of Law Mission in Kosovo (EULEX), manifesting itself in local actors publicly demanding a change in the mission’s mandate and/or its operations. The article investigates how EULEX’s actions and its effectiveness are perceived

Race, Medicine, and Colonial Rule in the Mandated Territory of New Guinea.

Science.gov (United States)

Cameron-Smith, Alexander

2013-01-01

Public health in the Mandated Territory of New Guinea shared characteristics with regimes in other colonial territories. The protection of European health and ensuring a supply of efficient indigenous labour were the principle aims of the public health regime. Measures to control infectious disease focused on racial segregation of urban spaces, surveillance, and control of indigenous mobility. Yet, if the mandate did not systemically encourage projects in preventive health and social medicine, wider public engagement with the international discourse of indigenous welfare and uplift surrounding it at times shaped colonial administration indirectly. One Director of Public Health in New Guinea, Raphael Cilento, invoked the terms of the mandate during acrimonious debates over nutrition in the 1920s that led to significant changes to rations included in the Native Labour Ordinance.

Encyclopedia of Public International Law, 8 / Henn-Jüri Uibopuu

Index Scriptorium Estoniae

Uibopuu, Henn-Jüri, 1929-2012

1986-01-01

Tutvustus: Encyclopedia of Public International Law, published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. (8. Human Rights and the Individual in International Law. International Economic Relations). Amsterdam, New York, Oxford: North-Holland Publishing Company, 1985

Realising social justice in public health law.

Science.gov (United States)

Fox, Marie; Thomson, Michael

2013-03-01

Law has played an important, but largely constitutive, role in the development of the public health enterprise. Thus, law has been central to setting up the institutions and offices of public health. The moral agenda has, however, been shaped to a much greater extent by bioethics. While social justice has been placed at the heart of this agenda, we argue that there has been little place within dominant conceptions of social justice for gender equity and women's interests which we see as crucial to a fully realised vision of social justice. We argue that, aside from particular interventions in the field of reproduction, public health practice tends to marginalise women-a claim we support by critically examining strategies to combat the HIV pandemic in sub-Saharan Africa. To counter the marginalisation of women's interests, this article argues that Amartya Sen's capabilities approach has much to contribute to the framing of public health law and policy. Sen's approach provides an evaluative and normative framework which recognises the importance of both gender and health equity to achieving social justice. We suggest that domestic law and international human rights provisions, in particular the emerging human right to health, offer mechanisms to promote capabilities, and foster a robust and inclusive conception of social justice.

Encyclopedia of Public International Law, 9 / Henn-Jüri Uibopuu

Index Scriptorium Estoniae

Uibopuu, Henn-Jüri, 1929-2012

1988-01-01

Tutvustus: Encyclopedia of Public International Law / published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. (9. International Relations and Legal Cooperation in General. Diplomacy and Consular Relations and 10. States. Responsibility of Sates. International Law and Municipal Law). Amsterdam, New York, Oxford : North-Holland Publishing Company, 1986-1987. Pp. XV, 425 and pp. XV, 543

The Public Schools Contracts Law. Focus on School Law Series.

Science.gov (United States)

Dabreu, O. Lisa

New Jersey's Public Schools Contracts Law, enacted on June 2, 1977, places limits on the authority of local and regional boards of education to make purchases and to enter into contracts, agreements, or leases for supplies or services. This publication is designed to provide information and guidance that will assist boards of education in meeting…

Juridifying Corporate Social Responsibility Through Public Law

DEFF Research Database (Denmark)

Buhmann, Karin

2015-01-01

steps in a process of juridifying CSR through public law. It demonstrates that the formalisation of business responsibilities for human rights, which emerged with the two UN instruments, is having an impact on public regulation of CSR in a more general sense. Another current in public regulation of CSR......With a point of departure in the United Nations (UN) Guiding Principles on Business and Human Rights and the UN (‘Ruggie’) Framework on Business and Human Rights this article shows that recent developments with the UN and the OECD and some legislative EU and national State activities constitute...... that coherence in public law regulation of business impact on society warrants attention in order to ensure legal certainty and effective regulation based on alignment between the different currents of public regulation of CSR....

Encyclopedia of Public International Law, 6 / Henn-Jüri Uibopuu

Index Scriptorium Estoniae

Uibopuu, Henn-Jüri, 1929-2012

1984-01-01

Tutvustus: Encyclopedia of Public International Law, published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. (6. regional Cooperation, Organization Problems). Amsterdam, New York, Oxford: North-Holland Publishing Company, 1983

Globalization of public health law and ethics.

Science.gov (United States)

Sohn, Myongsei

2012-09-01

The Constitution of the World Health Organization (1946) states that the "enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social position." The international legal framework for this right was laid by the Universal Declaration of Human Rights (1948) and reaffirmed in the International Covenant on Economic, Social, and Cultural Rights (1966) and the Declaration of Alma-Ata (1978). In recent years, the framework has been developed on 10 key elements: national and international human rights, laws, norms, and standards; resource constraints and progressive realization; obligations of immediate effect; freedoms and entitlements; available, accessible, acceptable, and good quality; respect, protect, and fulfill; non-discrimination, equality, and vulnerability; active and informed participation; international assistance and cooperation; and monitoring and accountability. Whereas public health law plays an essential role in the protection and promotion of the right to health, the emergence of SARS (2003) highlighted the urgent need to reform national public health laws and international obligations relating to public health in order to meet the new realities of a globalized world, leading to the WHO Framework Convention on Tobacco Control (2003) and the revision of the WHO International Health Regulations (2005). The Asian Institute for Bioethics and Health Law, in conjunction with the Republic of Korea's Ministry of Health and Welfare and the WHO International Digest of Health Legislation, conducted a comparative legal analysis of national public health laws in various countries through a project entitled Domestic Profiles of Public/Population Health Legislation (2006), which underscored the importance of recognizing the political and social contexts of distinct legal cultures, including Western, Asian, Islamic, and African.

Mapping the scope and opportunities for public health law in liberal democracies.

Science.gov (United States)

Magnusson, Roger S

2007-01-01

The two questions, "What is public health law?" and "How can law improve the public's health?" are perennial ones for public health law scholars. This paper proposes a framework for conceptualizing discussion and debate about the scope and opportunities for public health law within liberal democracies. Part 2 of the paper draws selectively on this framework in order to highlight some areas where law's potential role deserves greater acknowledgment and exploration.

Encyclopedia of Public International Law, 2 / Henn-Jüri Uibopuu

Index Scriptorium Estoniae

Uibopuu, Henn-Jüri, 1929-2012

1982-01-01

Tutvustus: Encyclopedia of Public International Law, published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. (2. Decisions of International Courts and Tribunals and International Arbitrations). Amsterdam, New York, Oxford: North-Holland Publishing Company, 1981

Encyclopedia of Public International Law, 5 / Henn-Jüri Uibopuu

Index Scriptorium Estoniae

Uibopuu, Henn-Jüri, 1929-2012

1983-01-01

Tutvustus: Encyclopedia of Public International Law, published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. 5. International Organizations in General. Universal International Organisazations and Cooperation. Amsterdam, New York, Oxford: North-Holland Publishing Company, 1983

A Case Study of 2-4 Transfer in New Jersey: Implementation of a Transfer Law at Three Community Colleges

Science.gov (United States)

McCormick, Mark Allen

2017-01-01

The purpose of this study was to examine ways in which the 2007 New Jersey transfer law mandating "seamless transfer" between public two- and four-year colleges has been implemented at three community colleges and the state's flagship research university and the forces that have contributed to and limited the extent to which the law has…

Encyclopedia of Public International Law, 3 / Henn-Jüri Uibopuu

Index Scriptorium Estoniae

Uibopuu, Henn-Jüri, 1929-2012

1983-01-01

Tutvustus.: Encyclopedia of Public International Law, published under the Auspices of the Max-Planck-Institute for Comparative Public Law and International Law under the Direction of Rudolf Bernhardt. 3 (A_M) and 4 (N-Z): Use of Force. War and Neutrality. Peace treaties. Amsterdam, New York, Oxford: North-Holland Publishing Company, 1982

77 FR 14734 - Environmental Technologies Trade Advisory Committee Public Meeting

Science.gov (United States)

2012-03-13

... DEPARTMENT OF COMMERCE International Trade Administration Environmental Technologies Trade... proposed agenda of a meeting of the Environmental Technologies Trade Advisory Committee (ETTAC). DATES: The... innovation in the environmental technology sector. Background: The ETTAC is mandated by Public Law 103-392...

Law and Politics, an Emerging Epidemic: A Call for Evidence-Based Public Health Law.

Science.gov (United States)

Ulrich, Michael R

2016-05-01

As Jacobson v. Massachusetts recognized in 1905, the basis of public health law, and its ability to limit constitutional rights, is the use of scientific data and empirical evidence. Far too often, this important fact is lost. Fear, misinformation, and politics frequently take center stage and drive the implementation of public health law. In the recent Ebola scare, political leaders passed unnecessary and unconstitutional quarantine measures that defied scientific understanding of the disease and caused many to have their rights needlessly constrained. Looking at HIV criminalization and exemptions to childhood vaccine requirements, it becomes clear that the blame cannot be placed on the hysteria that accompanies emergencies. Indeed, these examples merely illustrate an unfortunate array of examples where empirical evidence is ignored in the hopes of quelling paranoia. These policy approaches are not only constitutionally questionable, they generate their own risk to public health. The ability of the law to jeopardize public health approaches to infectious disease control can, and should, be limited through a renewed emphasis on science as the foundation of public health, coordination through all levels and branches of government, and through a serious commitment by the judiciary to provide oversight. Infectious disease creates public anxiety, but this cannot justify unwarranted dogmatic approaches as a response. If we as a society hope to ensure efficient, constitutional control over the spread of disease, it is imperative that science take its rightful place at the forefront of governmental decision-making and judicial review. Otherwise, the law becomes its own public health threat.

Public Consultation toward Ethiopia's Family Law Reform ...

African Journals Online (AJOL)

Mandefrot Belay

A comprehensive and open public consultation was conducted during the revision ... in Ethiopia which are expected to guide any legal reform process so that the ... law, the way in which public consultation forums were organized, and the ...

Keeping Children Safe: Afterschool Staff and Mandated Child Maltreatment Reporting

Science.gov (United States)

Gandarilla, Maria; O'Donnell, Julie

2014-01-01

With 8.4 million children in the U.S. spending an average of eight hours a week in afterschool programs, afterschool providers are an important part of the network of caring adults who can help to keep children safe. In addition, afterschool staff are "mandated reporters." Whether or not the laws specifically mention afterschool staff,…

Informal administrative acts in public economic law

International Nuclear Information System (INIS)

Bauer, H.

1987-01-01

The article deals with agreements between the administration and citizens, which play a considerable part in public commercial law and in atomic energy law. The legal basis can be the doctrine of administrative legal relationship, which clarifies the reciprocity and multilaterality of the legal relationship. In the future informal administrative acts will have an increasing meaning. (CW) [de

Public Policy Exceptions in European Private Law : A New Research Project

NARCIS (Netherlands)

Colombi Ciacchi, Aurelia

2014-01-01

Public policy exceptions arguably exist in all fields of private and commerciallaw, not only in private international law but also in substantive law. In substantive private law, the term 'public policy exception' could be used to indicate general illegality rules that make an act of private

Exponential and power laws in public procurement markets

Czech Academy of Sciences Publication Activity Database

Krištoufek, Ladislav; Skuhrovec, J.

2012-01-01

Roč. 99, č. 2 (2012), 28005-1-28005-6 ISSN 0295-5075 R&D Projects: GA ČR GA402/09/0965 Grant - others:GA UK(CZ) 118310; SVV(CZ) 265 504; GA TA ČR(CZ) TD010133 Institutional support: RVO:67985556 Keywords : Public procurement * Scaling * Power law Subject RIV: AH - Economics Impact factor: 2.260, year: 2012 http://library.utia.cas.cz/separaty/2012/E/kristoufek-exponential and power laws in public procurement markets.pdf

Inequity between male and female coverage in state infertility laws.

Science.gov (United States)

Dupree, James M; Dickey, Ryan M; Lipshultz, Larry I

2016-06-01

To analyze state insurance laws mandating coverage for male factor infertility and identify possible inequities between male and female coverage in state insurance laws. We identified states with laws or codes related to infertility insurance coverage using the National Conference of States Legislatures' and the National Infertility Association's websites. We performed a primary, systematic analysis of the laws or codes to specifically identify coverage for male factor infertility services. Not applicable. Not applicable. Not applicable. The presence or absence of language in state insurance laws mandating coverage for male factor infertility care. There are 15 states with laws mandating insurance coverage for female factor infertility. Only eight of those states (California, Connecticut, Massachusetts, Montana, New Jersey, New York, Ohio, and West Virginia) have mandates for male factor infertility evaluation or treatment. Insurance coverage for male factor infertility is most specific in Massachusetts, New Jersey, and New York, yet significant differences exist in the male factor policies in all eight states. Three states (Massachusetts, New Jersey, and New York) exempt coverage for vasectomy reversal. Despite national recommendations that male and female partners begin infertility evaluations together, only 8 of 15 states with laws mandating infertility coverage include coverage for the male partner. Excluding men from infertility coverage places an undue burden on female partners and risks missing opportunities to diagnose serious male health conditions, correct reversible causes of infertility, and provide cost-effective treatments that can downgrade the intensity of intervention required to achieve a pregnancy. Copyright © 2016 American Society for Reproductive Medicine. Published by Elsevier Inc. All rights reserved.

School Accountability and Youth Obesity: Can Physical Education Mandates Make a Difference?

Directory of Open Access Journals (Sweden)

Helen Schneider

2013-01-01

Full Text Available This paper explores the effect of accountability laws under No Child Left Behind Act (NCLB on obesity rates among school-aged children in the United States. Our results show that pressures due to school closures for poor performance, rewards for good performance, and assistance to schools that lag behind lead to lower levels of vigorous physical activity. This effect is significant for high school children only. We find no significant impact of school accountability laws on children in grades 3 through 8 after state characteristics such as state obesity rate are taken into account. We also find that state physical education mandates increase physical activity for children in grades 3 through 8 and mitigate the negative effect of accountability pressures on physical activity at the high school level where accountability pressures are most effective at decreasing physical activity and increasing obesity. The study shows that physical education mandates play an important role in promoting physical activity for all grades in our sample.

Impact of school-entry and education mandates by states on HPV vaccination coverage: Analysis of the 2009–2013 National Immunization Survey-Teen

OpenAIRE

Perkins, Rebecca B.; Lin, Mengyun; Wallington, Sherrie F.; Hanchate, Amresh D.

2016-01-01

Objective: To determine the effectiveness of existing school entry and education mandates on HPV vaccination coverage, we compared coverage among girls residing in states and jurisdictions with and without education and school-entry mandates. Virginia and the District of Columbia enacted school entry mandates, though both laws included liberal opt-out provisions. Ten additional states had mandates requiring distribution of education to parents or provision of education within school curricula...

Gender, Colonialism and Rabbinical Courts in Mandate Palestine

Directory of Open Access Journals (Sweden)

Lisa Fishbayn

2011-11-01

Full Text Available The distribution of powers between the state and religious groups plays an important role in shaping how controversies over multicultural toleration and women’s rights under religious law can be resolved. Some structures encourage dialogue while others make it difficult. In Israel, the presence of multiple systems of personal religious law limits the possibilities for the transformation of discriminatory religious laws. There is no civil marriage or divorce in Israel. When the modern State of Israel was created, exclusive power over family law disputes involving Jewish citizens was placed in the hands of rabbinical courts. This arrangement has been called one to retain the ‘status quo’. However, it was not a continuation of Jewish tradition or of the arrangements in place during the long period of Ottoman rule in Palestine. It reflected strengthened powers that had been given to rabbinical courts during the period of the British Mandate for Palestine. This article will trace the ways in which British policies for colonial rule and the interests of Jewish religious leaders coalesced to create a regime of religious family law that is resistant to feminist demands for change.

The Notice on the Notion of State Aid and Public Procurement Law

DEFF Research Database (Denmark)

Ølykke, Grith Skovgaard

2016-01-01

uncertainty. Then the elaborations made in the Notice on the notion of aid concerning the relation between the two areas of law are analysed and discussed, in particular, first, the question whether adhering to the procurement procedures laid down in the public procurement directives will eliminate the risk......The Commission Notice on the notion of State aid includes elaboration on the relationship between State aid law and public procurement law. To begin with, the article examines some of the reasons why the relationship between State aid law and public procurement law is surrounded by legal...... of granting State aid and, second, the issues rising from State aid control of in-house situations. It is concluded that even though the Notice on the notion of aid brings some needed clarity that fosters coherence between State aid law and public procurement law, the existing legal uncertainty is not even...

Public and Private School Principals' Knowledge of Special Education Law

Science.gov (United States)

Boyd, Marie Nicole

2018-01-01

The purpose of this study is to examine the knowledge of special education law held by public and private school principals as the law pertains to providing the appropriate services to students with disabilities. Numerous studies have investigated public school principals' level of preparation, training, and role within in special education law.…

Bringing Democratic Governance into Practice: Policy Enactments Responding to Neoliberal Governance in Spanish Public Schools

Science.gov (United States)

Prieto-Flores, Òscar; Feu, Jordi; Serra, Carles; Lázaro, Laura

2018-01-01

This article explores different ways in which public primary schools sustain democratic governance structures created beyond those mandated by law in Spain. These new institutional designs, while not opposed to policy text requirements of having a governing body with representatives of parents, teachers and public administration, are being carried…

Coded Statutory Data Sets for Evaluation of Public Health Law

Science.gov (United States)

Costich, Julia Field

2012-01-01

Background and objectives: The evaluation of public health law requires reliable accounts of underlying statutes and regulations. States often enact public health-related statutes with nonuniform provisions, and variation in the structure of state legal codes can foster inaccuracy in evaluating the impact of specific categories of law. The optimal…

Using the laws and the regularities of public administration in the state strategic planning

Directory of Open Access Journals (Sweden)

O. L. Yevmieshkina

2016-03-01

Full Text Available The article researches the use of laws of public administration in the state strategic planning; defined a methodological basis of state strategic planning. State strategic planning as a function of public administration exists in accordance with its laws and regularities. Author established the use of public administration laws as: unity socio-economic system, required diversity, system integrity, unity techniques and basic functions of social management at all levels of public administration: central, sectorial, regional. At the public administration level this laws as a rule us in working and realization of state strategy, state, region and sectorial program, which directed to improve of political, economic and social process. State strategic planning as a function of public administration exists in accordance with its laws. The law in our research is considered as objective, substantive, necessary, sustainable relationship between events. The most essential feature of law is reflecting the objective state of affairs, objective relations between things, items and phenomenon’s. The other difficult sign of law is necessity as relation, which inevitably revealed in the development process of different things. Law category with regularity category is relation. Regularity is wider category then the law. The state strategic planning is an integrated, systematic process due to the action and use laws and regularities of public administration. That improves the efficiency of public administration.

PUBLIC PROCUREMENT IN GHANA: THE IMPLEMENTATION CHALLENGES TO THE PUBLIC PROCUREMENT LAW 2003 (ACT 663

Directory of Open Access Journals (Sweden)

Ameyaw, Collins

2012-08-01

Full Text Available The purpose of this study was to identify various implementation bottlenecks to the Ghana Public Procurement Law 2003 (Act 663. The study adopted multiple research approaches, including; review of relevant literature, interviews and questionnaire survey of 49 District Assemblies and Metropolitan and Municipal Assemblies in the Ashanti and Brong Ahafo Regions of Ghana. The study identified low capacity of procurement professionals, low interaction between procurement entities and Public Procurement Authority (PPA, deliberate controlling of competition, non-compliance with provisions of the law, splitting of contracts into smaller lots, lack of funds and non-cooperativeness of suppliers, as the major challenges militating against the implementation of the Public Procurement Law.

Association of a Policy Mandating Physician-Patient Communication With Racial/Ethnic Disparities in Postmastectomy Breast Reconstruction.

Science.gov (United States)

Mahmoudi, Elham; Lu, Yiwen; Metz, Allan K; Momoh, Adeyiza O; Chung, Kevin C

2017-08-01

With the stabilization of breast cancer incidence and substantial improvement in survival, more attention has focused on postmastectomy breast reconstruction (PBR). Despite its demonstrated benefits, wide disparities in the use of PBR remain. Physician-patient communication has an important role in disparities in health care, especially for elective surgical procedures. Recognizing this, the State of New York enacted Public Health Law (NY PBH Law) 2803-o in 2011 mandating that physicians communicate about reconstructive surgery with patients undergoing mastectomy. To evaluate whether mandated physician-patient communication is associated with reduced racial/ethnic disparities in immediate PBR (IPBR). This retrospective study used state inpatient data from January 1, 2008, through December 31, 2011, in New York and California to evaluate a final sample of 42 346 women aged 20 to 70 years, including 19 364 from New York (treatment group) and 22 982 from California (comparison group). The primary hypothesis tested the effect of the New York law on racial/ethnic disparities, using California as a comparator. The National Academy of Medicine's (formerly Institute of Medicine) definition of a disparity was applied, and a difference-in-differences method (before-and-after comparison design) was used to evaluate the association of NY PBH Law 2803-o mandating physician-patient communication with disparities in IPBR. Data were analyzed from July 1, 2016, to February 24, 2017. New York PBH Law 2803-o was implemented on January 1, 2011. The preexposure period included January 1, 2008, through December 31, 2010 (3 years); the postexposure period, January 1 through December 31, 2011 (1 year). The primary outcome was use of IPBR among white, African American, Hispanic, and other minority groups before and after the implementation of NY PBH Law 2803-o. Among the 42 346 women (mean [SD] age, 53 [10] years), 65.3% (27 654) were white, 12.7% (5365) were Hispanic, 9.4% (3976

75 FR 27855 - Certifications Pursuant to Section 609 of Public Law 101-162

Science.gov (United States)

2010-05-18

... DEPARTMENT OF STATE [Public Notice 7013] Certifications Pursuant to Section 609 of Public Law 101... Law 101-162 (``Section 609''), that 13 nations have adopted programs to reduce the incidental capture... 609 of Public Law 101-162 prohibits imports of certain categories of shrimp unless the President...

Print News Coverage of School-Based HPV Vaccine Mandate

Science.gov (United States)

Casciotti, Dana; Smith, Katherine C.; Andon, Lindsay; Vernick, Jon; Tsui, Amy; Klassen, Ann C.

2015-01-01

BACKGROUND In 2007, legislation was proposed in 24 states and the District of Columbia for school-based HPV vaccine mandates, and mandates were enacted in Texas, Virginia, and the District of Columbia. Media coverage of these events was extensive, and media messages both reflected and contributed to controversy surrounding these legislative activities. Messages communicated through the media are an important influence on adolescent and parent understanding of school-based vaccine mandates. METHODS We conducted structured text analysis of newspaper coverage, including quantitative analysis of 169 articles published in mandate jurisdictions from 2005-2009, and qualitative analysis of 63 articles from 2007. Our structured analysis identified topics, key stakeholders and sources, tone, and the presence of conflict. Qualitative thematic analysis identified key messages and issues. RESULTS Media coverage was often incomplete, providing little context about cervical cancer or screening. Skepticism and autonomy concerns were common. Messages reflected conflict and distrust of government activities, which could negatively impact this and other youth-focused public health initiatives. CONCLUSIONS If school health professionals are aware of the potential issues raised in media coverage of school-based health mandates, they will be more able to convey appropriate health education messages, and promote informed decision-making by parents and students. PMID:25099421

"Prefacing the Script" as an Ethical Response to State-Mandated Abortion Counseling.

Science.gov (United States)

Buchbinder, Mara; Lassiter, Dragana; Mercier, Rebecca; Bryant, Amy; Lyerly, Anne Drapkin

Laws governing abortion provision are proliferating throughout the United States, yet little is known about how these laws affect providers. We investigated the experiences of abortion providers in North Carolina practicing under the 2011 Women's Right to Know Act, which mandates that women receive counseling with specific, state-prescribed information at least 24 hours prior to an abortion. We focus here on a subset of the data to examine one strategy by which providers worked to minimize moral conflicts generated by the counseling procedure. Drawing on Erving Goffman's work on language and social interaction, we highlight how providers communicated moral objections and layered meanings through a practice that we call prefacing the script . We conducted semi-structured interviews with 31 physicians, nurses, physician assistants, and clinic managers who provide abortion care in North Carolina. Audio-recorded interviews were transcribed verbatim and analyzed using an inductive, iterative analytic approach, which included reading for context, interpretive memo-writing, and focused coding. Roughly half of the participants (14/31) reported that they or the clinicians who performed the counseling in their institution routinely prefaced the counseling script with qualifiers, disclaimers, and apologies that clarified their relationship to the state-mandated content. We identified three performative functions of this practice: 1) enacting a frame shift from a medical to a legal interaction, 2) distancing the speaker from the authorial voice of the counseling script, and 3) creating emotional alignment. Prefacing state-mandated abortion counseling scripts constitutes a practical strategy providers use to balance the obligation to comply with state law with personal and professional responsibilities to provide tailored care, emotional support, and serve the patient's best interests. Our findings suggest that language constitutes a powerful resource for navigating and

Nuclear law and public acceptance

International Nuclear Information System (INIS)

Muguet, Tania Mara F.

2009-01-01

After the fission of the atom and its use for military purposes, the imposition of controls and restrictions to prevent the proliferation of atomic weapons was established and led to the drafting of a series of international conventions to promote the harmonization of domestic legislation. In this context, to provide a legal framework for conducting activities related to nuclear energy and ionizing radiation, in a manner that adequately protects individuals, property and environment, the nuclear energy law was created and widely adopted. To better control the risks associated with the use of nuclear energy and in order to adapt its technological developments in constant state of evolution, a growing body of international law of nuclear energy is emerging from instruments (universal, regional, bilateral and multilateral) to impose obligation in the use of the technology. In sum, changes in technological, economic, political or social conditions created the need for legal solutions and the public understanding and confidence in the peaceful uses of nuclear energy requires extensive information to be made available on the risks and benefits to stakeholders (effected public, press, media, and legislators etc.). (author)

Nuclear law and public acceptance

Energy Technology Data Exchange (ETDEWEB)

Muguet, Tania Mara F. [Comissao Nacional de Energia Nuclear (CNEN), Rio de Janeiro, RJ (Brazil). Coordenacao Geral de Assuntos Internacionais], e-mail: tmuguet@cnen.gov.br

2009-07-01

After the fission of the atom and its use for military purposes, the imposition of controls and restrictions to prevent the proliferation of atomic weapons was established and led to the drafting of a series of international conventions to promote the harmonization of domestic legislation. In this context, to provide a legal framework for conducting activities related to nuclear energy and ionizing radiation, in a manner that adequately protects individuals, property and environment, the nuclear energy law was created and widely adopted. To better control the risks associated with the use of nuclear energy and in order to adapt its technological developments in constant state of evolution, a growing body of international law of nuclear energy is emerging from instruments (universal, regional, bilateral and multilateral) to impose obligation in the use of the technology. In sum, changes in technological, economic, political or social conditions created the need for legal solutions and the public understanding and confidence in the peaceful uses of nuclear energy requires extensive information to be made available on the risks and benefits to stakeholders (effected public, press, media, and legislators etc.). (author)

Transforming the tobacco market: why the supply of cigarettes should be transferred from for-profit corporations to non-profit enterprises with a public health mandate.

Science.gov (United States)

Callard, C; Thompson, D; Collishaw, N

2005-08-01

Current tobacco control strategies seek primarily to decrease the demand for cigarettes through measures that encourage individuals to adopt healthier behaviours. These measures are impeded and undermined by tobacco corporations, whose profit drive compels them to seek to maintain and expand cigarette sales. Tobacco corporations seek to expand cigarette sales because they are for-profit business corporations and are obliged under law to maximise profits, even when this results in harm to others. It is not legally possible for a for-profit corporation to relinquish its responsibility to make profits or for it to temper this obligation with responsibilities to support health. Tobacco could be supplied through other non-profit enterprises. The elimination of profit driven behaviour from the supply of tobacco would enhance the ability of public health authorities to reduce tobacco use. Future tobacco control strategies can seek to transform the tobacco market from one occupied by for-profit corporations to one where tobacco is supplied by institutions that share a health mandate and will help to reduce smoking and smoking related disease and death.

THE CITIZENS’ PUBLIC PARTICIPATION UNDER EUROPEAN UNION LAW AND ENVIRONMENTAL LAW

Directory of Open Access Journals (Sweden)

Valentine Charlotte ENE

2014-06-01

Full Text Available Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters, June 25, 1998 (entered into force Oct. 30, 2001 [hereinafter Aarhus Convention], negotiated under the auspices of the UN/ECE (United Nations Economic Commission for Europe, is the result of the efforts to establish international legal standards in the field of citizens’ environmental rights to date. Also, it is the first international document about public participation in environmental matters, developing the principle 10 of the Rio Declaration, which stresses the need for citizen's participation in environmental issues and for access to information on the environment held by public authorities. Public participation, one of the three main pillars provided by Aarhus Convention, could be one of the key factors in involving the citizens in the protection of the environment and strengthening compliance and enforcement of national and European environmental law. Under European Union regulations, the right to participate in environmental decision-making process could be exercise more effectively based on European Citizens’ Initiative (ECI procedure. Therefore, the European Citizens' Initiative (ECI, as introduced by the Lisbon Treaty, allows citizens to request new EU legislation once a million signatures from seven member states have been collected asking the European Commission to do so. This paper explores environmental citizenship within the framework of European Union (EU environmental law.

Child Sexual Abuse and the Law in India: A commentary

OpenAIRE

Belur, J. S.

2015-01-01

Child Sexual Abuse (CSA) has only recently been publicly acknowledged as a problem in India. A welcome development has been the enactment of a special law—Protection of Children against Sexual Offences (POCSO) 2012—criminalising a range of acts including child rape, harassment, and exploitation for pornography. The law mandates setting up of Special Courts to facilitate speedy trials in CSA cases. The paper highlights the intended benefits and the unintended consequences that might arise from...

Public Supervision over Private Relationships : Towards European Supervision Private Law?

NARCIS (Netherlands)

Cherednychenko, O.O.

2014-01-01

The rise of public supervision over private relationships in many areas of private law has led to the development of what, in the author’s view, could be called ‘European supervision private law’. This emerging body of law forms part of European regulatory private law and is made up of

Some disjointed observations on federal public-land and resources law

Energy Technology Data Exchange (ETDEWEB)

Coggins, G.C.

A review of the evolution of public-land law and policies concludes that: (1) Public-land and resources law cannot be divorced from history; in spite of recent developments, one cannot understand present problems without understanding their historical derivation. (2) Public-land management will always be as controversial as it is interesting because the perfect balance of resource uses in unattainable. (3) Multiple-use, sustained-yield management has failed; instead, like Christianity, it has never really been tried. (4) From the ecological maxim that everything is connected to everything else comes the notion that the isolation of public-land and resources law as a field of study is inherently artificial. Developments off federal lands that seem unrelated to them will heavily influence public-land policy: recreation pressures could decline in rough inverse proportion to gasoline prices; horizonal divestiture of oil companies would change the whole coal picture; mandatory recycling could lower demand for all virgin resources; and so on. Some notion of conservation is almost certainly going to be among the Nation's highest priorities in the next several decades.

Living apart together: the relationship between public and private international law

NARCIS (Netherlands)

de Boer, T.M.

2010-01-01

There have been times when public and private international law were closely related. As a means to solve conflicts of sovereign jurisdiction, conflicts law used to be considered as an integral part of the law of nations. Even after Savigny shifted the focus of private international law from the

Maternal employment, breastfeeding, and health: evidence from maternity leave mandates.

Science.gov (United States)

Baker, Michael; Milligan, Kevin

2008-07-01

Public health agencies around the world have renewed efforts to increase the incidence and duration of breastfeeding. Maternity leave mandates present an economic policy that could help achieve these goals. We study their efficacy, focusing on a significant increase in maternity leave mandates in Canada. We find very large increases in mothers' time away from work post-birth and in the attainment of critical breastfeeding duration thresholds. We also look for impacts of the reform on self-reported indicators of maternal and child health captured in our data. For most indicators we find no effect.

Public Values in Water Law: A Case of Substantive Fragmentation?

OpenAIRE

Ambrus, Monika; Gilissen, Herman Kasper; van Kempen, Jasper JH

2014-01-01

Horizontal fragmentation, from a public-values perspective, is a quite well-documented phenomenon in international (water) law. However, the literature does not provide any insight into vertical or substantive fragmentation, i.e. differences in the protection of public values at the various institutional levels. This article assesses whether there is substantive fragmentation in water law at the international, the European, the sub-regional (Danube River Basin), and the Dutch domestic level. ...

The Failure of Mandated Disclosures

Directory of Open Access Journals (Sweden)

Omri Ben-Shahar

2017-06-01

Full Text Available Objective to elaborate the conceptual theoreticallegal provisions and scientific recommendations for the substantiating the inefficiency of mandated disclosure. Methods general dialectic method of cognition as well as the general scientific and specific legal methods of research based on it. Results the article explores the spectacular prevalence and failure of the single most common technique for protecting personal autonomy in modern society mandated disclosure. The article has four parts 1 a comprehensive summary of the recurring use of mandated disclosures in many forms and circumstances in the areas of consumer and borrower protection patient informed consent contract formation and constitutional rights 2 a survey of the empirical literature documenting the failure of the mandated disclosure regime in informing people and in improving their decisions 3 an account of the multitude of reasons mandated disclosures fail focusing on the political dynamics underlying the enactments of these mandates the incentives of disclosers to carry them out and most importantly on the ability of disclosees to use them and 4 an argument that mandated disclosure not only fails to achieve its stated goal but also leads to unintended consequences that often harm the very people it intends to serve. Scientific novelty the article elaborates and introduces into academic sphere the substantiation of the efficiency of mandated disclosure proves the failure of the mandated disclosure regime in informing people and in improving their decisions and reveals the unintended consequences that often harm the very people it intends to serve. Practical significance the provisions ad conclusions of the article can be used in scientific lawmaking and lawenforcement activities and in the educational process of institutions of higher education.

The Failure of Mandated Disclosure

Directory of Open Access Journals (Sweden)

Omri Ben-Shahar

2017-12-01

Full Text Available Objective to elaborate the conceptual theoreticallegal provisions and scientific recommendations for the substantiating the inefficiency of mandated disclosure. Methods general dialectic method of cognition as well as the general scientific and specific legal methods of research based on it. Results the article explores the spectacular prevalence and failure of the single most common technique for protecting personal autonomy in modern society mandated disclosure. The article has four parts 1 a comprehensive summary of the recurring use of mandated disclosures in many forms and circumstances in the areas of consumer and borrower protection patient informed consent contract formation and constitutional rights 2 a survey of the empirical literature documenting the failure of the mandated disclosure regime in informing people and in improving their decisions 3 an account of the multitude of reasons mandated disclosures fail focusing on the political dynamics underlying the enactments of these mandates the incentives of disclosers to carry them out and most importantly on the ability of disclosees to use them and 4 an argument that mandated disclosure not only fails to achieve its stated goal but also leads to unintended consequences that often harm the very people it intends to serve. Scientific novelty the article elaborates and introduces into academic sphere the substantiation of the efficiency of mandated disclosure proves the failure of the mandated disclosure regime in informing people and in improving their decisions and reveals the unintended consequences that often harm the very people it intends to serve. Practical significance the provisions ad conclusions of the article can be used in scientific lawmaking and lawenforcement activities and in the educational process of institutions of higher education.

“Prefacing the Script” as an Ethical Response to State-Mandated Abortion Counseling

Science.gov (United States)

Lassiter, Dragana; Mercier, Rebecca; Bryant, Amy; Lyerly, Anne Drapkin

2016-01-01

BACKGROUND Laws governing abortion provision are proliferating throughout the United States, yet little is known about how these laws affect providers. We investigated the experiences of abortion providers in North Carolina practicing under the 2011 Women’s Right to Know Act, which mandates that women receive counseling with specific, state-prescribed information at least 24 hours prior to an abortion. We focus here on a subset of the data to examine one strategy by which providers worked to minimize moral conflicts generated by the counseling procedure. Drawing on Erving Goffman’s work on language and social interaction, we highlight how providers communicated moral objections and layered meanings through a practice that we call prefacing the script. METHODS We conducted semi-structured interviews with 31 physicians, nurses, physician assistants, and clinic managers who provide abortion care in North Carolina. Audio-recorded interviews were transcribed verbatim and analyzed using an inductive, iterative analytic approach, which included reading for context, interpretive memo-writing, and focused coding. RESULTS Roughly half of the participants (14/31) reported that they or the clinicians who performed the counseling in their institution routinely prefaced the counseling script with qualifiers, disclaimers, and apologies that clarified their relationship to the state-mandated content. We identified three performative functions of this practice: 1) enacting a frame shift from a medical to a legal interaction, 2) distancing the speaker from the authorial voice of the counseling script, and 3) creating emotional alignment. CONCLUSIONS Prefacing state-mandated abortion counseling scripts constitutes a practical strategy providers use to balance the obligation to comply with state law with personal and professional responsibilities to provide tailored care, emotional support, and serve the patient’s best interests. Our findings suggest that language constitutes a

Public Support for Weight-Related Antidiscrimination Laws and Policies.

Science.gov (United States)

Hilbert, Anja; Hübner, Claudia; Schmutzer, Gabriele; Danielsdottir, Sigrun; Brähler, Elmar; Puhl, Rebecca

2017-01-01

Weight-related discrimination is prevalent and associated with health impairments for those who are targeted, which underscores the need of antidiscrimination legislation. This study is the first to examine public support of weight-related antidiscrimination laws or policies in Germany, compared to the US and Iceland. In a representative German population sample (N = 2,513), public support for general and employment-specific weight-related antidiscrimination policies, weight-based victimization, and weight bias internalization were measured through established self-report questionnaires. Half of the German population sample agreed with antidiscrimination policies. General antidiscrimination laws received lower support than employment-specific laws. Support for policies considering obesity a physical disability was greatest in Germany, whereas support for employment-specific antidiscrimination laws was lower in Germany than in the US and Iceland. Total support for weight-related antidiscrimination policies was significantly predicted by lower age, female gender, obese weight status, residence in West Germany, church membership, and readiness to vote in elections. German support for weight-related antidiscrimination policies is moderate. Increasing awareness about weight-related discrimination and laws prohibiting this behavior may help to promote policy acceptance. © 2017 The Author(s) Published by S. Karger GmbH, Freiburg.

Community energy systems and the law of public utilities

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is given of the laws and programs of the State of Nebraska governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitiled ''Community Energy Systems and the Law of Public Utilities--Volume One: An Overview.'' This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

National Courts and EU Law

DEFF Research Database (Denmark)

approaches and theories originating from law, political science, sociology and economics. The first section addresses issues relating to judicial dialogue and EU legal mandates, the second looks at the topic of EU law in national courts and the third considers national courts’ roles in protecting fundamental......, National Courts and EU Law will hold strong appeal for scholars and students in the fields of EU law, social sciences and humanities. It will also be of use to legal practitioners interested in the issue of judicial application of EU law....

State funding for local public health: observations from six case studies.

Science.gov (United States)

Potter, Margaret A; Fitzpatrick, Tiffany

2007-01-01

The purpose of this study is to describe state funding of local public health within the context of state public health system types. These types are based on administrative relationships, legal structures, and relative proportion of state funding in local public health budgets. We selected six states representing various types and geographic regions. A case study for each state summarized available information and was validated by state public health officials. An analysis of the case studies reveals that the variability of state public health systems--even within a given type--is matched by variability in approaches to funding local public health. Nevertheless, some meaningful associations appear. For example, higher proportions of state funding occur along with higher levels of state oversight and the existence of local service mandates in state law. These associations suggest topics for future research on public health financing in relation to local accountability, local input to state priority-setting, mandated local services, and the absence of state funds for public health services in some local jurisdictions.

Development of Systematic Knowledge Management for Public Health: A Public Health Law Ontology

Science.gov (United States)

Keeling, Jonathan

2012-01-01

The Institute of Medicine has stated that legal structures and the authority vested in health agencies and other partners within the public health system are essential to improving the public's health. Variation between the laws of different jurisdictions within the United States allows for natural experimentation and research into their…

Constitutional law and international law at the turn of the century

Directory of Open Access Journals (Sweden)

JA Frowein

1998-11-01

Full Text Available Constitutional law and international law operate in simultaneous conjunction and reciprocal tension. Both fields seem to have overcome the great challenges of destruction and neglect in the course of the 20th century.Both after World War I and World War II the world experienced new waves of constitution making. In both cases the current German constitutions (the Weimar Constitution of 1919 and the Grundgesetz of 1949 were influential.Characteristic of constitution-making in this century, is the final victory of liberal constitutions based on the rule of law, the Rechtsstaat, fundamental rights, meaningful control of public powers and the establishment of constitutional courts.Following the destruction of World War II, the notion of the Sozialstaat emerged strongly in Germany. In contrast to the Constitution of the United States of America, the principle of the responsibility of the state for social justice has emerged in almost all new constitutions, including Russia, Poland, South Africa, Spain, Italy and Portugal.Where courts are given the mandate to interpret bills of rights, fundamental rights have been developed into foundation stones of the legal system. The presence in a Bill of Rights of restrictive clauses, is important for its analysis. Generally restrictive clauses in new constitutions try to limit the possibilities of restriction.The importance of constitutional rules establishing and legitimizing the political organs, must not be overlooked. Of particular importance is the degree of control over the head of state, a positive attitude among political actors towards the constitution and the protection of the interests of minorities in a democratic system.In the field of Public International Law much of Kant's ideal of an international confederation of peace has been realized. Since 1990 the United Nation's Security Council has shown the potential of becoming a directorate for the community of nations.International law has also been

The Whys and Hows of Certification. Public Librarian Certification Law.

Science.gov (United States)

Wisconsin State Dept. of Public Instruction, Madison. Div. of Library Services.

Under Wisconsin state law (Administrative Code P1-6.03) any librarian employed in a public library system or any municipal public library, except in a city of the first class, supported in whole or in part by public funds, must hold state certification. Qualifications are delineated for three grades of certification: grade 1, for public libraries…

Association of State-Mandated Abstinence-only Sexuality Education with Rates of Adolescent HIV Infection and Teenage Pregnancy.

Science.gov (United States)

Elliot, L M; Booth, M M; Patterson, G; Althoff, M; Bush, C K; Dery, M A

2017-01-01

Abstinence-only sexuality education (AOSE); is required in the public school systems of many states, raising public health concerns and perpetuating health disparities through school systems. This study aimed to determine the correlations between state-mandated AOSE and the rates of adolescent HIV and teen pregnancy. Using publicly available data on all 50 United States' laws and policies on AOSE, states were ranked according to their level of abstinence emphasis on sexuality education (Level 0 - Level 3);. We calculated the relative proportion of Black students in public schools and the proportion of families below the federal poverty line then ranked them by state. We compared the states' ranks to the incidence of adolescent HIV and teen pregnancy in those states to identify associations between variables. The majority of states (~44 percent ); have legally mandated AOSE policies (Level 3); and adolescent HIV and teen pregnancy rates were highest in these Level 3 states. There were significant, positive correlations between HIV incidence rates of 13-19 year olds, HIV rates of 20-24 year olds, teen pregnancy rates, and AOSE level, with the proportion of the population that lives below the federal poverty level, and whether they attended schools that had a greater than 50 percent of an African American population. These data show a clear association between state sexuality education policies and adolescent HIV and teen pregnancy rates not previously demonstrated. Our data further show that states that have higher proportions of at-risk populations, with higher adolescent HIV and teen pregnancy rates, are more likely to also have restrictive AOSE policies. These populations may be more likely to attend public schools where AOSE is taught, increasing their risk for HIV and teen pregnancy. The World Health Organization considers fact-based Comprehensive Sexuality Education a human right, and the authors believe it is past time to end harmful, discriminatory sexuality

Implications of the 2017 Tax Cuts and Jobs Act for Public Health.

Science.gov (United States)

Glied, Sherry

2018-03-22

The recently passed Tax Cuts and Jobs Act will reduce total federal revenues by about 4% between 2018 and 2027. The law makes multiple changes to the taxation of individuals and corporations. It also repeals the Affordable Care Act's (ACA's) individual mandate penalties, which will erase some of the gains in insurance coverage achieved since implementation of the ACA's coverage expansions. The resulting increases in rates of uninsurance will likely lead to increased uncompensated care and deflect hospitals and health departments from addressing other prevention and public health needs. In addition, the law is expected to lead to substantial increases in the federal debt and, consequently, to calls for reductions in spending on entitlement programs, particularly Medicare, and on discretionary programs, including public health. Many other provisions of the law could also have second-order effects on public health. (Am J Public Health. Published online ahead of print March 22, 2018: e1-e3. doi:10.2105/AJPH.2018.304388).

Three comments on the combination of public law and private law principles in the new legislation governing radioactive waste management

International Nuclear Information System (INIS)

Handrlica, Jakub

2017-01-01

This article discusses the issue of mixed public and private law in the Nuclear Energy Act, in particular with regard to the legal framework governing radioactive waste management. In fact, neither the old nor the new legal arrangements are exclusively of public law nature because a number of private law items are included. This fact is illustrated on some examples including provisions on liability for nuclear damage, the legal authority of the Radioactive Waste Repository Agency, and financial compensation to municipalities affected by the preparation of a deep geological radioactive waste disposal facility. (orig.)

Need-Based Educational Aid Act of 2015 (Public Law 114-44)

Science.gov (United States)

US Congress, 2015

2015-01-01

The Need-Based Educational Aid Act of 2015 (Public Law 114-44) was put in place to improve and reauthorize provisions relating to the application of the antitrust laws to the award of need-based educational aid. The contents for this Act is as follows: (1) Short Title; and (2) Extension Relating to the Application of the Antitrust Laws to the…

The Committed Changes Within Public Procurement Law in Turkey (2003-2014)

OpenAIRE

Mehmet Nar

2015-01-01

It is aimed to reach international standards at procurement of goods or services and works by the state with the law no. 4734 constituted for preventing mismanagement, waste and corruption in public procurements. However, activities and payments which are carried out within this extent are open fields for corruption. Thus, this situation enables law provisions and also the power of Public Procurement Authority (PPA) to be rearranged for the purposes of interest groups when necessary. So, our ...

The Committed Changes Within Public Procurement Law in Turkey (2003-2014

Directory of Open Access Journals (Sweden)

Mehmet Nar

2015-02-01

Full Text Available It is aimed to reach international standards at procurement of goods or services and works by the state with the law no. 4734 constituted for preventing mismanagement, waste and corruption in public procurements. However, activities and payments which are carried out within this extent are open fields for corruption. Thus, this situation enables law provisions and also the power of Public Procurement Authority (PPA to be rearranged for the purposes of interest groups when necessary. So, our study is trying to question the content of arrangements which were prepared with great expectations at first during the period of current government, but since 2003, when they were put into practice, they have been changed and criticized significantly. Besides, the impressions in public opinions about the idea that the Law forms a basis for the waste of resources have become the research subject.

Paternalism & Its Discontents: Motorcycle Helmet Laws, Libertarian Values, and Public Health

Science.gov (United States)

Jones, Marian Moser; Bayer, Ronald

2007-01-01

The history of motorcycle helmet legislation in the United States reflects the extent to which concerns about individual liberties have shaped the public health debate. Despite overwhelming epidemiological evidence that motorcycle helmet laws reduce fatalities and serious injuries, only 20 states currently require all riders to wear helmets. During the past 3 decades, federal government efforts to push states toward enactment of universal helmet laws have faltered, and motorcyclists’ advocacy groups have been successful at repealing state helmet laws. This history raises questions about the possibilities for articulating an ethics of public health that would call upon government to protect citizens from their own choices that result in needless morbidity and suffering. PMID:17194856

Public Values in Water Law: A Case of Substantive Fragmentation?

NARCIS (Netherlands)

Ambrus, M.; Gilissen, Herman Kasper; van Kempen, Jasper

2014-01-01

Horizontal fragmentation, from a public-values perspective, is a quite well-documented phenomenon in international (water) law. However, the literature does not provide any insight into vertical or substantive fragmentation, i.e. differences in the protection of public values at the various

Public Values in Water Law : A Case of Substantive Fragmentation?

NARCIS (Netherlands)

Ambrus, Monika; Gilissen, Herman Kasper; van Kempen, Jasper JH

2014-01-01

Horizontal fragmentation, from a public-values perspective, is a quite well-documented phenomenon in international (water) law. However, the literature does not provide any insight into vertical or substantive fragmentation, i.e. differences in the protection of public values at the various

The Delinquencies of Juvenile Law: A Natural Law Analysis

Directory of Open Access Journals (Sweden)

Ellis Washington

2010-07-01

Full Text Available This article is a substantive analysis tracing the legal, philosophical, social, historical, jurisprudence and political backgrounds of juvenile law, which is an outgrowth of the so-calledProgressive movement - a popular social and political movement of the late nineteenth and early twentieth century. I also trace how this socio-political cause célèbre became a fixture in Americanculture and society due to existential child labor abuses which progressive intellectuals used as a pretext to codify juvenile law in federal law and in statutory law in all 50 states by 1925. Moreover the dubious social science and Machiavellian political efforts that created the juvenile justice system out of whole cloth has done much more harm to the Constitution and to the children it was mandated to protect than any of the Progressive ideas initially envisioned rooted in Positive Law (separation of law and morals. Finally, I present am impassioned argument for congressional repeal of all juvenile case law and statutes because they are rooted in Positive Law, contrary to Natural Law (integration of law and morals, the original intent of the constitutional Framers and are therefore patently unconstitutional.

78 FR 22761 - Delegation of Functions Under Sections 404 and 406 of Public Law 112-208

Science.gov (United States)

2013-04-16

...--Delegation of Functions Under Sections 404 and 406 of Public Law 112-208 Presidential Determination No. 2013... and 406 of Public Law 112-208 Memorandum for the Secretary of State [and] the Secretary of the... conferred upon the President by sections 404 and 406 of Public Law 112-208 as follows: I hereby delegate to...

The Efficiency of a Group-Specific Mandated Benefit Revisited: The Effect of Infertility Mandates

Science.gov (United States)

Lahey, Joanna N.

2012-01-01

This paper examines the labor market effects of state health insurance mandates that increase the cost of employing a demographically identifiable group. State mandates requiring that health insurance plans cover infertility treatment raise the relative cost of insuring older women of child-bearing age. Empirically, wages in this group are…

Artificial intelligence and distance learning philosophy in support of PfP mandate

OpenAIRE

Antoliš, Krunoslav

2003-01-01

Computers have long been utilised in the legal environment. The main use of computers however, has merely been to automate office tasks. More exciting is the prospect of using artificial intelligence (AI) technology to create computers that can emulate the substantive legal jobs performed by lawyers, to create computers that can autonomously reason with the law to determine legal solutions, for example: structuring and support of Partnership for Peace (PfP) mandate. Such attempts have not bee...

The Public Safety Impact of Community Notification Laws: Rearrest of Convicted Sex Offenders

Science.gov (United States)

Freeman, Naomi J.

2012-01-01

Sex offender management is one of the highest-profile issues in public safety today. Although states have enacted community notification laws as a means to protect communities from sexual offending, limited research has been conducted to examine the impact of these laws on public safety. As such, this study used a quasi-experimental design to…

The association between state mandates of colorectal cancer screening coverage and colorectal cancer screening utilization among US adults aged 50 to 64 years with health insurance

Directory of Open Access Journals (Sweden)

Virgo Katherine

2011-01-01

Full Text Available Abstract Background Several states in the US have passed laws mandating coverage of colorectal cancer (CRC screening tests by health insurance plans. The impact of these state mandates on the use of colorectal cancer screening has not been evaluated among an age-eligible target population with access to care (i.e., health care insurance coverage. Methods We collected information on state mandates implemented by December 31, 2008 and used data on insured adults aged 50 and 64 years from the Behavioral Risk Factor Surveillance System between 2002 and 2008 to classify individual-level exposure to state mandates for at least 1 year. Multivariate logistic regression models (with state- and year- fixed effects, and patient demographic and socioeconomic characteristics were used to estimate the effect of state mandates on recent endoscopy screening (either flexible sigmoidoscopy or colonoscopy during the past year. Results From 1999-2008, twenty-two states in the US, including the District of Columbia passed comprehensive laws requiring health insurance coverage of CRC screening including endoscopy tests. Residence in states with CRC screening coverage mandates in place for at least 1 year was associated with a 1.4 percentage point increase in the probability of utilization of recent endoscopy (i.e., 17.5% screening rates in those with mandates versus 16.1% in those without, Adjusted OR = 1.10, 95% CI: 1.02 - 1.20, p = 0.02. Conclusions The findings suggest a positive, albeit small, impact of state mandates on the use of recent CRC screening endoscopy among the target eligible population with health insurance. However, more research is needed to evaluate potential effects of mandates across health insurance types while including controls for other system-level factors (e.g. endoscopy and primary care capacity. National health insurance reform should strive towards a system that expands access to recommended CRC screening tests.

Impact of school-entry and education mandates by states on HPV vaccination coverage: Analysis of the 2009-2013 National Immunization Survey-Teen.

Science.gov (United States)

Perkins, Rebecca B; Lin, Mengyun; Wallington, Sherrie F; Hanchate, Amresh D

2016-06-02

To determine the effectiveness of existing school entry and education mandates on HPV vaccination coverage, we compared coverage among girls residing in states and jurisdictions with and without education and school-entry mandates. Virginia and the District of Columbia enacted school entry mandates, though both laws included liberal opt-out provisions. Ten additional states had mandates requiring distribution of education to parents or provision of education within school curricula. Using data from the National Immunization Survey-Teen from 2009-2013, we estimated multilevel logistic regression models to compare coverage with HPV vaccines for girls ages 13-17 residing in states and jurisdictions with and without school entry and education mandates, adjusting for demographic factors, healthcare access, and provider recommendation. Girls residing in states and jurisdictions with HPV vaccine school entry mandates (DC and VA) and education mandates (LA, MI, CO, IN, IA, IL, NJ, NC, TX, and WA) did not have higher HPV vaccine series initiation or completion than those living in states without mandates for any year (2009-2013). Similar results were seen when comparing girls ages 13-14 to those ages 15-17, and after adjustment for known covariates of vaccination. States and jurisdictions with school-entry and education mandates do not currently have higher HPV vaccination coverage than states without such legislation. Liberal opt-out language in existing school entry mandates may weaken their impact. Policy-makers contemplating legislation to improve vaccination coverage should be aware of the limitations of existing mandates.

Don't Shoot the Messenger: Public Relations for Law Enforcement

Science.gov (United States)

Baxter, David S.

2013-01-01

This communication project provides an overview of public relations as seen through the communication arts. It is specifically focused to give law enforcement officers a general review of the practice of public relations, communication basics, and an understanding of the media. This course also provides the facilitator with multiple tools for…

THE COVERAGE OF THE FOLHA DE S.PAULO ON THE POSSIBLE THIRD MANDATE

Directory of Open Access Journals (Sweden)

Merilyn Escobar de Oliveira

2009-08-01

Full Text Available The possibility of a new mandate for President Lula guided the public agenda in the last quarter of 2007 and returned to the media scene in April and the first week of May 2008. This article investigates the aspects of journalistic coverage on the “thesis” of the third mandate giving emphasis to the news making, the framing and the outcome. The importance gained by the “thesis” of re-election related directly of the electoral process of 2010 and the futures expectations of the Workers’ Party (PT. This article supports the hypothesis that rhythm of the journalistic coverage, and more precisely, that the news framing was tendentious. Our corpus contemplates publications of the Folha de S. Paulo, the national newspaper of larger circulation in the country.

"You Can't Mandate What Matters": Bumping Visions against Practices

Science.gov (United States)

Merz, Alice H.; Swim, Terri Jo

2011-01-01

In this study, an American public school principal's vision of promoting growth in her teachers and students was inspired by the Reggio Emilia approach. Unlike other educational approaches, this approach did not involve a product, i.e., "to become Reggio", and it did not involve a set of rules or mandates. Instead, the principal had her…

Public Smoking Bans, Youth Access Laws, and Cigarette Sales at Vending Machines

OpenAIRE

Kvasnicka, Michael

2010-01-01

Tobacco control policies have proliferated in many countries in recent years, in particular youth access laws and public smoking bans. The effectiveness of youth access laws is still disputed, however, as are the costs of public smoking bans to the hospitality industry. Using a unique data set on cigarette sales at more than 100k vending machines that provides first objective evidence on the outgoing and customer behavior of smokers, we study both outcome dimensions by investigating several r...

The Failure of Mandated Disclosures, part 3

Directory of Open Access Journals (Sweden)

Omri Ben-Shahar

2017-09-01

Full Text Available Objective to elaborate the conceptual theoreticallegal provisions and scientific recommendations for the substantiating the inefficiency of mandated disclosure. Methods general dialectic method of cognition as well as the general scientific and specific legal methods of research based on it. Results the article explores the spectacular prevalence and failure of the single most common technique for protecting personal autonomy in modern society mandated disclosure. The article has four parts 1 a comprehensive summary of the recurring use of mandated disclosures in many forms and circumstances in the areas of consumer and borrower protection patient informed consent contract formation and constitutional rights 2 a survey of the empirical literature documenting the failure of the mandated disclosure regime in informing people and in improving their decisions 3 an account of the multitude of reasons mandated disclosures fail focusing on the political dynamics underlying the enactments of these mandates the incentives of disclosers to carry them out and most importantly on the ability of disclosees to use them and 4 an argument that mandated disclosure not only fails to achieve its stated goal but also leads to unintended consequences that often harm the very people it intends to serve. Scientific novelty the article elaborates and introduces into academic sphere the substantiation of the efficiency of mandated disclosure proves the failure of the mandated disclosure regime in informing people and in improving their decisions and reveals the unintended consequences that often harm the very people it intends to serve. Practical significance the provisions ad conclusions of the article can be used in scientific lawmaking and lawenforcement activities and in the educational process of institutions of higher education.

76 FR 6171 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

Science.gov (United States)

2011-02-03

... International Law (ACPIL): Public Meeting on Family Law The Department of State, Office of Legal Adviser, Office of Private International Law would like to give notice of a public meeting to discuss preparations for the upcoming Special Commission of the Hague Conference on Private International Law on the 1980...

Paternalism and its discontents: motorcycle helmet laws, libertarian values, and public health.

Science.gov (United States)

Jones, Marian Moser; Bayer, Ronald

2007-02-01

The history of motorcycle helmet legislation in the United States reflects the extent to which concerns about individual liberties have shaped the public health debate. Despite overwhelming epidemiological evidence that motorcycle helmet laws reduce fatalities and serious injuries, only 20 states currently require all riders to wear helmets. During the past 3 decades, federal government efforts to push states toward enactment of universal helmet laws have faltered, and motorcyclists' advocacy groups have been successful at repealing state helmet laws. This history raises questions about the possibilities for articulating an ethics of public health that would call upon government to protect citizens from their own choices that result in needless morbidity and suffering.

A proposed ethical framework for vaccine mandates: competing values and the case of HPV.

Science.gov (United States)

Field, Robert I; Caplan, Arthur L

2008-06-01

Debates over vaccine mandates raise intense emotions, as reflected in the current controversy over whether to mandate the vaccine against human papilloma virus (HPV), the virus that can cause cervical cancer. Public health ethics so far has failed to facilitate meaningful dialogue between the opposing sides. When stripped of its emotional charge, the debate can be framed as a contest between competing ethical values. This framework can be conceptualized graphically as a conflict between autonomy on the one hand, which militates against government intrusion, and beneficence, utilitarianism, justice, and nonmaleficence on the other, which may lend support to intervention. When applied to the HPV vaccine, this framework would support a mandate based on utilitarianism, if certain conditions are met and if herd immunity is a realistic objective.

Privatising the Public University: The Case of Law

Science.gov (United States)

Thornton, Margaret

2011-01-01

"Privatising the Public University: The Case of Law" is the first full-length critical study examining the impact of the dramatic reforms that have swept through universities over the last two decades. Drawing on extensive research and interviews in Australia, New Zealand, the UK and Canada, Margaret Thornton considers the impact of the…

Federally mandating motorcycle helmets in the United States.

Science.gov (United States)

Eltorai, Adam E M; Simon, Chad; Choi, Ariel; Hsia, Katie; Born, Christopher T; Daniels, Alan H

2016-03-09

Motorcycle helmets reduce both motorcycle-related fatalities and head injuries. Motorcycle crashes are a major public health concern which place economic stress on the U.S. healthcare system. Although statewide universal motorcycle helmet laws effectively increase helmet use, most state helmet laws do not require every motorcycle rider to wear a helmet. Herein, we propose and outline the solution of implementing federal motorcycle helmet law, while addressing potential counterarguments. The decision to ride a motorcycle without a helmet has consequences that affect more than just the motorcyclist. In an effort to prevent unnecessary healthcare costs, injuries, and deaths, public health efforts to increase helmet use through education and legislation should be strongly considered. Helmet use on motorcycles fits squarely within the purview of the federal government public health and economic considerations.

India's New Mandate against Economic Apartheid in Schools

OpenAIRE

Juneja, Nalini

2014-01-01

In most countries, children attend the common neighbourhood school, especially at the compulsory stage. In India however, in keeping with its highly stratified and hierarchically oriented society, schools and parents in India tend to choose each other based largely on socio-economic criteria. India’s new law on right to education attempts to put an end to this socio economic segregation by mandating the admission and free education of children from economically weaker sections in all private ...

Washington State's Lystedt law in concussion documentation in Seattle public high schools.

Science.gov (United States)

Bompadre, Viviana; Jinguji, Thomas M; Yanez, N David; Satchell, Emma K; Gilbert, Kaiulani; Burton, Monique; Conrad, Ernest U; Herring, Stanley A

2014-01-01

The Lystedt law requires high school athletes who have sustained a concussion to be removed from practice and play and not to be allowed to return until cleared by a medical professional. To determine the effect of the Lystedt law on injury and concussion documentation in the Seattle public high schools. Cross-sectional study. Seattle public high schools. The numbers of students, aged 13 to 19 years in the 2008-2009, 2009-2010, and 2010-2011 school years, were 4348, 4925, and 4806, respectively. All injuries documented in SportsWare by athletic trainers in Seattle public high schools. We evaluated all injuries, including concussions recorded during the 2008-2009 school year, before the Lystedt law, and during the 2 school years after the law took effect (2009-2010 and 2010-2011). Incidence rates before and after the law were estimated and compared. The concussion rate was -1.09% in 2008-2009, 2.26% in 2009-2010, and 2.26% in 2010-2011. A comparison of relative risks showed that the incidence rates of concussions were different before and 1 year after the Lystedt law (relative risk = 2.10; 95% confidence interval [CI] = 1.50, 2.93) and 2 years after the law (relative risk = 2.10; 95% CI = 1.49, 2.93). Overall, the mean number of days out of play after 2008-2009 was almost 7 days greater after the law took effect (difference = 6.9 days; 95% CI = 0.70, 13.1). For females, the mean number of days out of play after 2008-2009 was more than 17 days in 2009-2010 (difference = 17.2 days; 95% CI = 4.81, 29.5) and was more than 6 days in 2010-2011 (difference = 6.3 days; 95% CI = 1.62, 11.0). The number of documented concussions more than doubled after the institution of the Lystedt law, which may be attributed to heightened awareness and closer monitoring.

Community Energy Systems and the Law of Public Utilities. Volume Nine. Connecticut

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description of the laws and programs of the State of Connecticut governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Twelve. Georgia

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description of the laws and programs of the State of Georgia governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community energy systems and the law of public utilities. Volume 20. Louisiana

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of Louisiana governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities--Volume One: An overview. This report also contains a summary of a strategy described in Volume One--An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enchance the likelihood of ICES implementation.

Provision of financial services, violation of public law conduct of business rules, and private law norm settinga Dutch, German, and European perspective

NARCIS (Netherlands)

Wallinga, Marnix

2014-01-01

Legal uncertainty exists with regards to the relationship between a violation of public law conduct of business rules and private law norm setting. In the area of financial services this uncertainty has led to the question whether private law duties of care can deviate from the norms pursuant to

The public prosecution's role in criminal proceedings under the rule of law: legal situation in Germany with comparative law remarks on UK and USA

OpenAIRE

Krey, Volker

2009-01-01

"Analyzing the role of Germany as a law-exporting nation the essay deals with a very specific aspect of the Rule of Lawprinciple in criminal proceedings. The author describes the division of functions among police, public prosecution and criminal courts within criminal law enforcement in Germany adding some comparative law remarks. He furthermore provides an overview of structure and organization of the public prosecution in Germany. He focuses on the relationship and interacti...

Child Abuse and Mandated Reporting

Science.gov (United States)

Woika, Shirley; Bowersox, Carissa

2013-01-01

Teachers and teachers-in-training are mandated reporters; they are legally required to report any suspected child abuse or neglect. This article describes: (1) How to file a report; (2) How prevalent child abuse is; (3) What abuse is; (4) What it means to be a mandated reporter; (5) When the report should be made; and (6) What to do if abuse is…

A Child's Right to Be Well Born: Venereal Disease and the Eugenic Marriage Laws, 1913-1935.

Science.gov (United States)

Lombardo, Paul A

2017-01-01

An extensive literature describes the legal impact of America's eugenics movement, and the laws mandating sterilization, restriction of marriage by race, and ethnic bans on immigration. But little scholarship focuses on the laws adopted in more than 40 states that were commonly referred to as "eugenic marriage laws." Those laws conditioned marriage licenses on medical examinations and were designed to save innocent women from lives of misery, prevent stillbirth or premature death in children, and save future generations from the myriad afflictions that accompanied "venereal infection." Medical journals, legal journals, and every kind of public press outlet explained the "eugenic marriage laws" and the controversies they spawned. They were inextricably bound up in reform movements that attempted to eradicate prostitution, stamp out STIs, and reform America's sexual mores in the first third of the 20th century. This article will explain the pedigree of the eugenic marriage laws, highlight the trajectory of Wisconsin's 1913 eugenic enactment, and explore how the Wisconsin Supreme Court case upholding the law paved the way for the majority of states to regulate marriage on eugenic grounds.

Parent opinion of sexuality education in a state with mandated abstinence education: does policy match parental preference?

Science.gov (United States)

Ito, Kristin E; Gizlice, Ziya; Owen-O'Dowd, Judy; Foust, Evelyn; Leone, Peter A; Miller, William C

2006-11-01

Despite public debate about the content of sexuality education in schools, state and federal policy has increasingly financed and legislated abstinence-only education over the past decade. Although public schools strive to meet the needs of parents who, as taxpayers, fund the educational system, little is known about parental desires regarding sexuality education in states with mandated abstinence education. The objective of this study was to assess parental opinion about sexuality education in public schools in North Carolina, a state with mandated abstinence education. Computer-assisted, anonymous, cross-sectional telephone surveys were conducted among 1306 parents of North Carolina public school students in grades K-12. Parental support for sexuality education in public schools and 20 sexuality education topics was measured. We defined comprehensive sexuality education as education that includes a discussion of how to use and talk about contraception with partners. Parents in North Carolina overwhelmingly support sexuality education in public schools (91%). Of these respondents, the majority (89%) support comprehensive sexuality education. Less than a quarter of parents oppose teaching any specific topic, including those typically viewed as more controversial, such as discussions about sexual orientation, oral sex, and anal sex. Parents' level of education was inversely related to support for specific sexuality education topics and comprehensive education, although these differences were small in magnitude. More than 90% of respondents felt that parents and public health professionals should determine sexuality education content and opposed the involvement of politicians. Current state-mandated abstinence sexuality education does not match parental preference for comprehensive sexuality education in North Carolina public schools.

Impact of school-entry and education mandates by states on HPV vaccination coverage: Analysis of the 2009–2013 National Immunization Survey-Teen

Science.gov (United States)

Perkins, Rebecca B.; Lin, Mengyun; Wallington, Sherrie F.; Hanchate, Amresh D.

2016-01-01

ABSTRACT Objective: To determine the effectiveness of existing school entry and education mandates on HPV vaccination coverage, we compared coverage among girls residing in states and jurisdictions with and without education and school-entry mandates. Virginia and the District of Columbia enacted school entry mandates, though both laws included liberal opt-out provisions. Ten additional states had mandates requiring distribution of education to parents or provision of education within school curricula. Methods: Using data from the National Immunization Survey-Teen from 2009–2013, we estimated multilevel logistic regression models to compare coverage with HPV vaccines for girls ages 13–17 residing in states and jurisdictions with and without school entry and education mandates, adjusting for demographic factors, healthcare access, and provider recommendation. Results: Girls residing in states and jurisdictions with HPV vaccine school entry mandates (DC and VA) and education mandates (LA, MI, CO, IN, IA, IL, NJ, NC, TX, and WA) did not have higher HPV vaccine series initiation or completion than those living in states without mandates for any year (2009–2013). Similar results were seen when comparing girls ages 13–14 to those ages 15–17, and after adjustment for known covariates of vaccination. Conclusions: States and jurisdictions with school-entry and education mandates do not currently have higher HPV vaccination coverage than states without such legislation. Liberal opt-out language in existing school entry mandates may weaken their impact. Policy-makers contemplating legislation to improve vaccination coverage should be aware of the limitations of existing mandates. PMID:27152418

20 CFR 1002.7 - How does USERRA relate to other laws, public and private contracts, and employer practices?

Science.gov (United States)

2010-04-01

... USERRA relate to other laws, public and private contracts, and employer practices? (a) USERRA establishes... law (including any local law or ordinance), contract, agreement, policy, plan, practice, or other... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false How does USERRA relate to other laws, public...

Hospital compliance with a state unfunded mandate: the case of California's Earthquake Safety Law.

Science.gov (United States)

McCue, Michael J; Thompson, Jon M

2012-01-01

Abstract In recent years, community hospitals have experienced heightened regulation with many unfunded mandates. The authors assessed the market, organizational, operational, and financial characteristics of general acute care hospitals in California that have a main acute care hospital building that is noncompliant with state requirements and at risk of major structural collapse from earthquakes. Using California hospital data from 2007 to 2009, and employing logistic regression analysis, the authors found that hospitals having buildings that are at the highest risk of collapse are located in larger population markets, possess smaller market share, have a higher percentage of Medicaid patients, and have less liquidity.

Legal and public health considerations affecting the success, reach, and impact of menu-labeling laws.

Science.gov (United States)

Pomeranz, Jennifer L; Brownell, Kelly D

2008-09-01

Because the rate of consumption of away-from-home meals has increased dramatically, the distinction between requiring nutrition information for packaged but not restaurant products is no longer reasonable. Public health necessitates that nutrition labels must be included with restaurant menus as a strategy to educate consumers and address the escalation of obesity. Menu-labeling laws are being considered at the local, state, and federal levels, but the restaurant industry opposes such action. We discuss the public health rationale and set forth the government's legal authority for the enactment of menu-labeling laws. We further aim to educate the public health community of the potential legal challenges to such laws, and we set forth methods for governments to survive these challenges by drafting laws according to current legal standards.

Recent publications on environmental law. Bibliography covering the period July 1, 1991 till June 30, 1992

International Nuclear Information System (INIS)

Lohse, S.; Doerner, E.

1992-01-01

The bibliography contains 1685 references to publications covering the following subject fields: General environmental law; environmental law in relation to constitutional law, administrative law, procedural law, revenue law, criminal law, private law, industrial law; law of regional development; nature conservation law; law on water protection; waste management law; law on protection against harmful effects on the environment; atomic energy law and radiation protection law; law of the power industry and the mining industry; laws and regulations on hazardous material and environmental hygiene. (orig.) [de

Community Energy Systems and the Law of Public Utilities. Volume Eighteen. Kansas

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of Kansas governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Eleven. Florida

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of Florida governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Eight. Colorado

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of Colorado governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Seventeen. Iowa

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of Iowa governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Nineteen. Kentucky

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of Kentucky governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Six. Arkansas

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of Arkansas governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Five. Arizona

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of Arizona governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Three. Alabama

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of Alabama governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Sixteen. Indiana

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of Indiana governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Thirty. Nevada

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is given of the laws and programs of the State of Nevada governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Thirteen. Hawaii

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of Hawaii governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Seven. California

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of California governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Ten. Delaware

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of Delaware governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Fifteen. Illinois

Energy Technology Data Exchange (ETDEWEB)

Feurer, D A; Weaver, C L

1981-01-01

A detailed description is given of the laws and programs of the State of Illinois governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Consequences of the Public Contract Law for Purchase of Scientific Appliances in the Czech Republic

Directory of Open Access Journals (Sweden)

Martin Vyklický

2015-01-01

Full Text Available This article essentially covers in more detail the consequences of the present wording of the Public Contract Law for purchase of scientific appliances in the Czech Republic. The beginning of the article deals with increasing public expenses in research; then, the problem is defined concerning unsuitable wording of certain provisions of the Public Contract Law; while subsequently, the solution for the problem is searched together with the final comments. Investing of public funds into science and research is probably the most efficient in a long-term horizon. However, the flow of funds for acquisition of scientific and research equipment should be supported by appropriate legislation with such wording and form not to prevent purchases of that equipment. Availability of public funds for something which in fact cannot be, due to wrongly set legislation, acquired by a contracting authority is the problem which must be eliminated through timely implementation of the above proposed changes in the Public Contract Law.

Removal of Public Officers from Office: Law and Justice in a Flux ...

African Journals Online (AJOL)

The courts have striven with changing trends in ensuring balance and justice for both the workers and the industries. The author's appraisal of case law puts in view the state of both substantive and procedural law on the discipline of public officers as expounded by judges in the exercise of their power of judicial review.

The Role of Accounting and Accounting Law in Establishing Public Economic Policies in the Post-crisis Period

Directory of Open Access Journals (Sweden)

Aurelian Virgil BĂLUŢĂ

2012-06-01

Full Text Available The following issues are being adressed in this paper: the relationship of accounting and accounting law with the local economy, the relationship of accounting and accounting law with macroeconomics, establishing public policies for certain categories of enterprises based on information provided by accounting and accounting law, the relationship of accounting and accounting law with macroeconomics foresight and forecast, the relationship of accounting and accounting law with the labor economy, the impact the wage regulations has on public economic policies under firm ownership change.

Elements of Pacific public health laws: an analysis of the public health acts of Papua New Guinea, Vanuatu, the Solomon Islands, and Fiji.

Science.gov (United States)

Howse, Genevieve

2012-09-01

Pacific countries are sovereign nations with distinctive histories, ethnicity, customs, primary resources, economies, and health systems. Despite these and other acknowledged differences, similarities exist in many areas such as geography, legal history, and culture. Many share the experience of colonization, with imported British laws and the subsequent experience of independence. Most Pacific countries are also developing countries. This article broadly describes approaches to legislating in public health in Papua New Guinea, Fiji, Vanuatu, and the Solomon Islands and notes common elements in their public health laws, in particular, in relation to administration, allocation of powers and responsibilities, interaction with local government, communicable disease control, and nuisance. The article concludes that many Pacific public health laws could deliver better support for current health policy, more sensitivity to the culture and customs of the region, and better management of public health risk through laws that are better suited to their Pacific environment, easier to understand, more flexible, and more relevant to current health policy.

The Impact of the Law on the Practice of Public Relations Discourse.

Science.gov (United States)

Pohl, Gayle M.

A review of the literature useful for public relations researchers and students explored the primary legal concerns that public relations practitioners face, including first amendment rights, insider trading, regulations when working with foreign organizations, disclosure, privacy, copyright/trademark law, advertising, and defamation. Public…

A Critical Review of the Proposed Palestinian Public Debt Law

International Development Research Centre (IDRC) Digital Library (Canada)

JIHAD

borrow from external or domestic resources to finance the gap between revenues and ... the Bir Zeit University Institute of Law, who evaluated the study. I would ... service its public debt is shaped by the capital market constraints it faces,.

Designing Surveillance of Healthcare-Associated Infections in the Era of Automation and Reporting Mandates

NARCIS (Netherlands)

van Mourik, Maaike S M; Perencevich, Eli N; Gastmeier, Petra; Bonten, Marc J M

2018-01-01

Surveillance and feedback of infection rates to clinicians and other stakeholders is a cornerstone of healthcare-associated infection (HAI) prevention programs. In addition, HAIs are increasingly included in public reporting and payment mandates. Conventional manual surveillance methods are resource

Designing Surveillance of Healthcare-Associated Infections in the Era of Automation and Reporting Mandates.

NARCIS (Netherlands)

van Mourik, Maaike S M; Perencevich, Eli N; Gastmeier, Petra; Bonten, Marc J M

2018-01-01

Surveillance and feedback of infection rates to clinicians and other stakeholders is a cornerstone of healthcare-associated infection (HAI) prevention programs. In addition, HAIs are increasingly included in public reporting and payment mandates. Conventional manual surveillance methods are resource

10 CFR 490.302 - Vehicle acquisition mandate schedule.

Science.gov (United States)

2010-01-01

... 10 Energy 3 2010-01-01 2010-01-01 false Vehicle acquisition mandate schedule. 490.302 Section 490... Alternative Fuel Provider Vehicle Acquisition Mandate § 490.302 Vehicle acquisition mandate schedule. (a) Except as provided in section 490.304 of this part, of the light duty motor vehicles newly acquired by a...

Regulatory Powers in Public Procurement Law of Peruvian Administrative Agencies

Directory of Open Access Journals (Sweden)

Juan Carlos Morón Urbina

2017-12-01

Full Text Available Peruvian law has explicitly recognized regulatory powers to administrative agencies, which allows them to have a preponderant role in the production of rules in public procurement. Although these delegations of legislative authority are positively defined, distortions in the system of legal sources arise when agencies exceed delegated powers or when measures issued by administrative entities are mistaken for regulations. This paper aims to identify regulatory powers of Peruvian administrative agencies, as well as the regulatory measures they issue, and their relation with other sources of law.

THE INTERFERENCE OF EUROPEAN UNION LAW WITH PUBLIC INTERNATIONAL LAW

Directory of Open Access Journals (Sweden)

ROXANA-MARIANA POPESCU

2011-04-01

Full Text Available The European Union Law is an unique legal phenomenon developed in the process of European integration within the framework of the European Communities and the European Union; a result of the implementation of the supranational authority of the European institutions. The European Union law is a specific legal system having independent sources and principles that developed at the border-line of international law and domestic law of the EU’s Member States. The authonomy of the European Union law is affirmed by a case-law of the Court of Justice of the European Union.The European Union has its own legal order which is separate from international law and forms an integral part of the legal systems of the Member States. The legal order of the Union is founded on various different sources of law. The different nature of these sources has imposed a hierarchy among them. At the pinnacle of this hierarchy we find primary law, represented by the Treaties and general legal principles, followed by international treaties concluded by the Union and secondary law founded on the Treaties.

Evaluation of poultry processing practices, related public health laws ...

African Journals Online (AJOL)

Evaluation of poultry processing practices, related public health laws and diseases of chickens at slaughter: A pilot study in Kaduna state. ... The PDF file you selected should load here if your Web browser has a PDF reader plug-in installed (for example, a recent version of Adobe Acrobat Reader). If you would like more ...

The modernization of American public law: health care reform and popular constitutionalism.

Science.gov (United States)

Super, David A

2014-04-01

The Patient Protection and Affordable Care Act (ACA) transformed U.S. public law in crucial ways extending far beyond health care. As important as were the doctrinal shifts wrought by National Federation of Independent Business v. Sebelius, the ACA's structural changes to public law likely will prove far more important should they become entrenched. The struggle over the ACA has triggered the kind of "constitutional moment" that has largely replaced Article V's formal amendment procedure since the Prohibition fiasco. The Court participates in this process, but the definitive and enduring character of these constitutional moments' outcomes springs from broad popular engagement. Despite the Court's ruling and the outcome of the 2012 elections, the battle over whether to implement or shelve the ACA will continue unabated, both federally and in the states, until We the People render a clear decision. Whether the ACA survives or fails will determine the basic principles that guide the development of federalism, social insurance, tax policy, and privatization for decades to come. In each of these areas, the New Deal bequeathed us a delicate accommodation between traditionalist social values and modernizing norms of economic efficiency and interest group liberalism. This balance has come under increasing stress, with individual laws rejecting tradition far more emphatically than the New Deal did. But absent broad popular engagement, no definitive new principles could be established. The ACA's entrenchment would elevate technocratic norms across public law, the first change of our fundamental law since the civil rights revolution. The ACA's failure would rejuvenate individualistic, moralistic, pre-New Deal norms and allow opponents to attempt a counterrevolution against technocracy.

The administrative agreement as a legal form for public services in comparative and roman law

Directory of Open Access Journals (Sweden)

Cristina IONAŞ

2012-01-01

Full Text Available Doctrinal discussions on the administrative agreement have arisen along with the economic, social and industrial development of European countries. The principle of separation of powers adopted in France after the Revolution of 1789, the need to protect private law subjects, has become increasingly necessary as private subjects may be affected by the exercise of public power. Gradually, given the need to protect the interest of both public and private sectors, it has been proceeded to create a system of administrative law, separate from the common law system.

Public interest approach to data protection law: the meaning, value and utility of the public interest for research uses of data

OpenAIRE

Stevens, Leslie Anne

2017-01-01

Due to legal uncertainty surrounding the application of key provisions of European and UK data protection law, the public interest in protecting individuals’ informational privacy is routinely neglected, as are the public interests in certain uses of data. Consent or anonymisation are often treated as the paradigmatic example of compliance with data protection law, even though both are unable to attend to the full range of rights and interests at stake in data processing. Curre...

The Public Opinion participation in the Nuclear Facilities Licensing Regime: A study for The Egyptian Nuclear Law and other countries laws

International Nuclear Information System (INIS)

Ali, A. M.; Abd El-Moniem, A. E.

2012-12-01

This paper deals with the Nuclear Facilities Licensing Regime and the public Opinion participation. It discusses the general conceptual framework such as the importance of public opinion in the licensing process for nuclear facilities. It deals with the transparency principle and the nuclear safety. It also an analysis the Egyptian nuclear law for regulating the nuclear and radiological activities(law No.7) and its provisions that regulate the participation of the public in the licensing process (Article No.12 paragraph No.7 and 16 ) that staled that the regulatory body will set the regulation to involve the public in the licensing and it will also issues publicly a garrulity report about the nuclear safety situation in the state. It also deals with the legal rules for licensing and the participation of public in it many states such as Japan, France and Germany. The paper concluded that the lunch of a nuclear programme should lunch, in parallel, a programme for the public communications because in the absent of such a public programme, the political decisions of nuclear programme might be lose its effectiveness and the programme might be slow dow. (Author)

On some aspects of the UN Security Council Mandate Application during the NATO Operation Unified Protector

Directory of Open Access Journals (Sweden)

Zdeněk Kříž

2012-12-01

Full Text Available The question of the compliance of the NATO operation Unified Protector with the international law has not become a key topic of scholarly debate yet. The prevailing attitude is such that NATO intervention was in accordance with the international law. Nevertheless, the article argues that NATO in Libya exceeded the UN Security Council mandate. Unified Protector was an operation conducted in the favour of one side, in this case, the rebels. NATO military engagement in Libya very much approached providing air support to Libyan rebelling groups in order to topple the regime. Furthermore, this conclusion is also confirmed by the fact that Western countries had provided military advisors and arms as well.

Community Energy Systems and the Law of Public Utilities. Volume Twenty-one. Maine

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is given of the laws and programs of the State of Maine governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Forty-eight. Virginia

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of Virginia governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Twenty-three. Massachusetts

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is given of the laws and programs of the State of Massachusetts governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Fifty. West Virginia

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of West Virginia governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Forty-four. Tennessee

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of Tennessee governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Thirty-seven. Ohio

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of Ohio governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Thirty-nine. Oregon

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of Oregon governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Twenty-eight. Montana

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of Montana governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Twenty-five. Minnesota

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is given of the laws and programs of the State of Minnesota governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Forty-five. Texas

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of Texas governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Forty-six. Utah

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of Utah governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilites, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Fifty-two. Wyoming

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of Wyoming governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Forty-nine. Washington

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of Washington governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Fifty-one. Wisconsin

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of Wisconsin governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Twenty-two. Maryland

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is given of the laws and programs of the State of Maryland governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Twenty-seven. Missouri

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is given of the laws and programs of the State of Missouri governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Workers safety in public psychiatric services: problems, laws and protections.

Science.gov (United States)

Carabellese, F; Urbano, M; Coluccia, A; Gualtieri, G

2017-01-01

The dramatic case of murder of a psychiatrist during her service in her public office (Centro di Salute Mentale of Bari-Libertà) has led the authors to reflect on the safety of workplaces, in detail of public psychiatric services. It is in the light of current legislation, represented by the Legislative Decree of April 9th, 2008 no. 81, which states the implementing rules of Law 123/2007. In particular, the Authors analyzed the criticalities of the application of this Law, with the aim of safeguarding the health and safety of the workers in all psychiatric services (nursing departments, outpatient clinics, community centers, day care centers, etc.). The Authors suggest the need to set up an articulated specific organizational system of risk assessment of psychiatric services, that can prevent and protect the workers from identified risks, and finally to ensure their active participation in prevention and protection activities, in absence of which specific profiles of responsibility would be opened up to the employers.

7 CFR 1901.506 - Book-entry procedure for FmHA or its successor agency under Public Law 103-354 securities...

Science.gov (United States)

2010-01-01

... under Public Law 103-354 securities-issuance and redemption of certificate by Reserve bank. 1901.506... applied to such FmHA or its successor agency under Public Law 103-354 securities, the Reserve bank is... successor agency under Public Law 103-354 securities. (3) A Reserve bank as fiscal agent of the United...

The mandate and work of ICRP Committee 3 on radiological protection in medicine.

Science.gov (United States)

Miller, D L; Martin, C J; Rehani, M M

2018-01-01

The mandate of Committee 3 of the International Commission on Radiological Protection (ICRP) is concerned with the protection of persons and unborn children when ionising radiation is used in medical diagnosis, therapy, and biomedical research. Protection in veterinary medicine has been newly added to the mandate. Committee 3 develops recommendations and guidance in these areas. The most recent documents published by ICRP that relate to radiological protection in medicine are 'Radiological protection in cone beam computed tomography' (ICRP Publication 129) and 'Radiological protection in ion beam radiotherapy' (ICRP Publication 127). A report in cooperation with ICRP Committee 2 entitled 'Radiation dose to patients from radiopharmaceuticals: a compendium of current information related to frequently used substances' (ICRP Publication 128) has also been published. 'Diagnostic reference levels in medical imaging' (ICRP Publication 135), published in 2017, provides specific advice on the setting and use of diagnostic reference levels for diagnostic and interventional radiology, digital imaging, computed tomography, nuclear medicine, paediatrics, and multi-modality procedures. 'Occupational radiological protection in interventional procedures' was published in March 2018 as ICRP Publication 139. A document on radiological protection in therapy with radiopharmaceuticals is likely to be published in 2018. Work is in progress on several other topics, including appropriate use of effective dose in collaboration with the other ICRP committees, guidance for occupational radiological protection in brachytherapy, justification in medical imaging, and radiation doses to patients from radiopharmaceuticals (an update to ICRP Publication 128). Committee 3 is also considering the development of guidance on radiological protection in medicine related to individual radiosusceptibility, in collaboration with ICRP Committee 1.

Public opinion about laws to prohibit weight discrimination in the United States.

Science.gov (United States)

Puhl, Rebecca M; Heuer, Chelsea A

2011-01-01

Weight discrimination is pervasive in American society and impairs quality of life for obese persons. With approximately two-thirds of Americans now overweight or obese, vast numbers of people are vulnerable to weight prejudice and its consequences. Currently, no laws exist to prohibit weight discrimination. This study conducted an online survey with a national sample of 1,001 adults (representing demographics of the United States) to examine public support for six potential legislative measures to prohibit weight discrimination in the United States. Results indicated substantial support (65% of men, 81% of women) for laws to prohibit weight discrimination in the workplace, especially for legal measures that would prohibit employers from refusing to hire, terminate, or deny promotion based on a person's body weight. Laws that proposed extending the same protections to obese persons as people with physical disabilities received the least support, suggesting that Americans may not be in favor of considering obesity as a disability. Findings also highlight specific predictors of support (related to sex, age, education, income, body weight, and political ideology). These findings can be used to inform policy makers in efforts to develop antidiscrimination laws. Such measures will rectify health disparities for overweight Americans and facilitate public health efforts to address obesity.

Public participation in nuclear licensing procedures from the viewpoint of constitutional law

International Nuclear Information System (INIS)

Mutschler, Ulrich

1981-10-01

This paper reviews public participation in the licensing procedure for nuclear installations, in particular in the Federal Republic of Germany. Examples are given of practical experience acquired to date, also in the field of case-law. Finally, the paper stresses the importance of public information in nuclear procedures in view of the growing concerns for the environment. (NEA) [fr

Non formal mechanisms for public water allocation and the ineffectiveness of law in arid western Argentina

Directory of Open Access Journals (Sweden)

Liber Martin

2015-04-01

Full Text Available This work analyzed the informal mechanisms of public water allocation and reallocation in western Argentina from a holistic conception of law. The paper refers to informal uses, its logical but ineffective repression and the continuous regularization processes from a non experimental observational method based on the use of qualitative strategies. The research work focused on the operation of water allocation mechanisms and management practices developed in the absence of law and against the law, at both the delivery and regulatory levels. The findings highlight the tensions and contradictions of these mechanisms under the formal legal system, demonstrating the crisis of both effectiveness and legitimacy of the law and the State in managing public waters.

Justices as “Sacred Symbols”: Antonin Scalia and the Cultural Life of the Law

Directory of Open Access Journals (Sweden)

Christopher Jones Brian

2017-05-01

Full Text Available Perhaps no single judge in recent years has embodied the intricacies and difficulties of the cultural life of the law as much as American Supreme Court Justice Antonin Scalia. While common law judges have traditionally acquired status—and cultural relevance—from the significance, eloquence and forcefulness of their judicial opinions, Justice Scalia took an altogether different route. Both on and off the bench, he pushed the limits of legal and political legitimacy. He did this through a strict adherence to what we call a “judicial mandate,” flamboyant but engaging writing, biting humor and widespread marketing of his originalist and textualist interpretative theories. This article chronicles these features of Scalia’s jurisprudence and public life more generally, ultimately characterising the late justice as a “sacred symbol” in American legal and political circles, and beyond.

The association of state law to physical education time allocation in US public schools.

Science.gov (United States)

Perna, Frank M; Oh, April; Chriqui, Jamie F; Mâsse, Louise C; Atienza, Audie A; Nebeling, Linda; Agurs-Collins, Tanya; Moser, Richard P; Dodd, Kevin W

2012-08-01

We examined whether public schools in states with specific and stringent physical education (PE) laws, as assessed by the Physical Education-Related State Policy Classification System (PERSPCS), available on the Classification of Laws Associated with School Students (C.L.A.S.S.) Web site, reported more weekly PE time in the most recent School Health Policies and Programs Survey (SHPPS). Schools (n=410) were grouped by their state's PERSPCS time requirement scores (none, nonspecific requirement, or specific requirement). Average weekly school-level PE was calculated using the SHPPS-reported PE minutes. Weighted analyses determined if PE minutes/week differed by PERSPCS group. Schools in states with specific requirement laws averaged over 27 and 60 more PE minutes/week at the elementary and middle school levels, respectively, compared with schools within states with nonspecific laws and over 40 and 60 more PE minutes per week, respectively, compared with elementary and middle schools in states with no laws. High school results were nonsignificant. Public health guidelines recommend at least 60 minutes of daily physical activity for children, and PE may further this goal. Strong codified law with specific time requirements for PE may be an important tool contributing toward adequate PE time and daily physical activity recommendations.

MNE R&D Subsidiary Mandates Evolution in Emerging Economies

DEFF Research Database (Denmark)

Schulzmann, David; Slepniov, Dmitrij

2017-01-01

The aim of this paper is to present the results of a systematic literature review (SLR) on the subject of Research and Development (R&D) subsidiary mandate evolution in emerging economies and to illustrate what triggers R&D mandate upgrade. The subject of R&D mandates is of crucial importance to ...... on subsidiary evolution in general and particularly in emerging markets. From a practical perspective, a better-integrated framework can provide guidance to businesses in emerging economies on how to start and successfully upgrade their R&D activities.......The aim of this paper is to present the results of a systematic literature review (SLR) on the subject of Research and Development (R&D) subsidiary mandate evolution in emerging economies and to illustrate what triggers R&D mandate upgrade. The subject of R&D mandates is of crucial importance...... to many multinational enterprises (MNEs) striving to utilize the potential of their foreign operations towards higher-value-added activities. While developed economies have long been a destination for R&D activities, emerging economies are increasingly recognized for their innovation potential. Previous...

Theoretical Reflections on the Public-Private Distinction and their Traces in European Union Law

Directory of Open Access Journals (Sweden)

Constanze Semmelmann

2012-06-01

Full Text Available From its inception, EU law has been organised with (economic integration as its guiding paradigm. A public-private distinction as it is known in many civil law countries has never been a characterising feature of EU law. In the absence of such a divide in EU law, the public and the private sphere interact differently. First, the attempt to strike a balance between the state and the market reflects the struggle for a delineation between public and private power. Second, the evolution of the personal scope of EU internal market law and fundamental rights increasingly involves private parties at both sides. Third, the emergence of European contract law has led to conceptual clashes between the international trade law paradigm and the public-private distinction in the tradition of civil law countries. It will be argued that EU law scholarship and legal practice will have to re-conceptualise the role of the individual and private parties as subjects of the law, bearers of rights and addressees of obligations in order to flesh out what is known as the private law element in many national legal cultures. Desde su creación, la legislación de la Unión Europea (UE se ha organizado en base al paradigma orientador de la integración (económica. La legislación comunitaria nunca se ha caracterizado por una distinción público-privada como la existente en el derecho civil de numerosos países. Ante la ausencia de esta división en la legislación de la UE, la esfera pública y la privada interactúan de forma indiferente. En primer lugar, el intento de lograr un equilibrio entre el Estado y el mercado refleja la lucha por una delimitación entre el poder público y el privado. En segundo lugar, la evolución del alcance privado de la legislación sobre el mercado interno europeo y los derechos fundamentales hace que se impliquen cada vez más poderes privados en ambas partes. En tercer lugar, el surgimiento del derecho contractual europeo ha dado lugar a

Electronic Signatures in Global and National Commerce Act. Public Law.

Science.gov (United States)

Congress of the U.S., Washington, DC.

This document presents the text of Public Law 106-229, the "Electronic Signatures in Global and National Commerce Act." The act states that, with respect to any transaction in or affecting interstate or foreign commerce: a signature, contract, or other record relating to such transaction may not be denied legal effect, validity, or…

Comparison of Outcomes before and after Ohio's Law Mandating Use of the FDA-Approved Protocol for Medication Abortion: A Retrospective Cohort Study.

Directory of Open Access Journals (Sweden)

Ushma D Upadhyay

2016-08-01

Full Text Available In February 2011, an Ohio law took effect mandating use of the United States Food and Drug Administration (FDA-approved protocol for mifepristone, which is used with misoprostol for medication abortion. Other state legislatures have passed or enacted similar laws requiring use of the FDA-approved protocol for medication abortion. The objective of this study is to examine the association of this legal change with medication abortion outcomes and utilization.We used a retrospective cohort design, comparing outcomes of medication abortion patients in the prelaw period to those in the postlaw period. Sociodemographic and clinical chart data were abstracted from all medication abortion patients from 1 y prior to the law's implementation (January 2010-January 2011 to 3 y post implementation (February 2011-October 2014 at four abortion-providing health care facilities in Ohio. Outcome data were analyzed for all women undergoing abortion at ≤49 d gestation during the study period. The main outcomes were as follows: need for additional intervention following medication abortion (such as aspiration, repeat misoprostol, and blood transfusion, frequency of continuing pregnancy, reports of side effects, and the proportion of abortions that were medication abortions (versus other abortion procedures. Among the 2,783 medication abortions ≤49 d gestation, 4.9% (95% CI: 3.7%-6.2% in the prelaw and 14.3% (95% CI: 12.6%-16.0% in the postlaw period required one or more additional interventions. Women obtaining a medication abortion in the postlaw period had three times the odds of requiring an additional intervention as women in the prelaw period (adjusted odds ratio [AOR] = 3.11, 95% CI: 2.27-4.27. In a mixed effects multivariable model that uses facility-months as the unit of analysis to account for lack of independence by site, we found that the law change was associated with a 9.4% (95% CI: 4.0%-18.4% absolute increase in the rate of requiring an additional

Insurance denials for cancer clinical trial participation after the Affordable Care Act mandate.

Science.gov (United States)

Mackay, Christine B; Antonelli, Kaitlyn R; Bruinooge, Suanna S; Saint Onge, Jarron M; Ellis, Shellie D

2017-08-01

The Affordable Care Act (ACA) includes a mandate requiring most private health insurers to cover routine patient care costs for cancer clinical trial participation; however, the impact of this provision on cancer centers' efforts to accrue patients to clinical trials has not been well described. First, members of cancer research centers and community-based institutions (n = 252) were surveyed to assess the status of insurance denials, and then, a focused survey (n = 77) collected denial details. Univariate and multivariate analyses were used to examine associations between the receipt of denials and site characteristics. Overall, 62.7% of the initial survey respondents reported at least 1 insurance denial during 2014. Sites using a precertification process were 3.04 times more likely to experience denials (95% confidence interval, 1.55-5.99; P ≤ .001), and similar rates of denials were reported from sites located in states with preexisting clinical trial coverage laws versus states without them (82.3% vs 85.1%; χ = 50.7; P ≤ .001). Among the focused survey sites, academic centers reported denials more often than community sites (71.4% vs 46.4%). The failure of plans to cover trial participation was cited as the most common reason provided for denials (n = 33 [80.5%]), with nearly 80% of sites (n = 61) not receiving a coverage response from the insurer within 72 hours. Despite the ACA's mandate for most insurers to cover routine care costs for cancer clinical trial participation, denials and delays continue. Denials may continue because some insurers remain exempt from the law, or they may signal an implementation failure. Delays in coverage may affect patient participation in trials. Additional efforts to eliminate this barrier will be needed to achieve federal initiatives to double the pace of cancer research over the next 5 years. Future work should assess the law's effectiveness at the patient level to inform these efforts

Case law

International Nuclear Information System (INIS)

Anon.

2011-01-01

This chapter gathers three case laws, one concerning France and the two others concerning the United States. France - Decision of the Administrative Court in Strasbourg on the permanent shutdown of the Fessenheim nuclear power plant: On 9 March 2011, the administrative court in Strasbourg confirmed the government's rejection to immediately close the Fessenheim nuclear power plant, the first unit of which started operation on 1 January 1978. The court rejected the motion of the 'Association trinationale de protection nucleaire' (ATPN) filed against the decision of the Minister of Economy, Industry and Employment to refuse the final shutdown of the plant. The group, which brings together associations as well as French, German and Swiss municipalities, had taken legal action in December 2008. United States - Case law 1 - Judgment of a US Court of Appeals on public access to sensitive security information and consideration of the environmental impacts of terrorist attacks on nuclear facilities: This case concerns 1) the public's right to access classified and sensitive security information relied upon by the US Nuclear Regulatory Commission (NRC) in its environmental review; and 2) the sufficiency of the NRC's environmental review of the impacts of terrorist attacks for a proposed Independent Spent Fuel Storage Installation (ISFSI). In 2003, the NRC ruled that the National Environmental Policy Act (NEPA) did not require the NRC to consider the impacts of terrorist attacks in its environmental review for the proposed ISFSI at the Diablo Canyon Power Plant. ' NEPA mandates that all federal agencies must prepare a detailed statement on the environment impacts before undertaking a major federal action that significantly affects the human environment. In 2004, the San Luis Obispo Mothers for Peace, a group of individuals who live near the Diablo Canyon Power Plant, filed a petition in the US Court of Appeals for the Ninth Circuit challenging the NRC's 2003 decision. The

Community Energy Systems and the Law of Public Utilities. Volume Thirty-two. New Jersey

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of New Jersey governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Forty-two. South Carolina

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is given of the laws and programs of the State of South Carolina governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Forty-three. South Dakota

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of South Dakota governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Forty-one. Rhode Island

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of Rhode Island governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Thirty-one. New Hampshire

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of New Hampshire governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One. An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community Energy Systems and the Law of Public Utilities. Volume Thirty-six. North Dakota

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of North Dakota governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Community energy systems and the law of public utilities. Volume thirty-four. New York

Energy Technology Data Exchange (ETDEWEB)

Feurer, D.A.; Weaver, C.L.

1981-01-01

A detailed description is presented of the laws and programs of the State of New York governing the regulation of public energy utilities, the siting of energy generating and transmission facilities, the municipal franchising of public energy utilities, and the prescription of rates to be charged by utilities including attendant problems of cost allocations, rate base and operating expense determinations, and rate of return allowances. These laws and programs are analyzed to identify impediments which they may present to the implementation of Integrated Community Energy Systems (ICES). This report is one of fifty-one separate volumes which describe such regulatory programs at the Federal level and in each state as background to the report entitled Community Energy Systems and the Law of Public Utilities - Volume One: An Overview. This report also contains a summary of a strategy described in Volume One - An Overview for overcoming these impediments by working within the existing regulatory framework and by making changes in the regulatory programs to enhance the likelihood of ICES implementation.

Soft law in public international law : a pragmatic or a principled choice?

NARCIS (Netherlands)

Brus, Marcel M.T.

2017-01-01

This paper discusses the role of soft law in international law, in particular in the field of sustainable development law. Soft law is often regarded as non-law. However this qualification increasingly does not match the realities of the development of international law in which many legally

Commercial Law Reform in territories subject to International Administration. Kosovo & Iraq. Different standards of legitimacy and accountability?

Directory of Open Access Journals (Sweden)

Alejandro Carballo Leyda

2008-01-01

Full Text Available The paper will address questions of legality and accountability of the legislative functions exerted by international territorial administrations1 in the field of commercial law in two recent scenarios that are theoretically different: a UN-authorized mission under Chapter VII of the UN Chart and that of a strictly Occupying Power. No attempt will be made to study other important and interrelated issues, such as the problematic privatizations carried out in Kosovo and Iraq, which do not seem to be compatible with the obligation of administration of public assets (Art. 55 of the 1907 Hague Regulations.This paper will first provide a brief overview of the deep economic legislative reformation that took place in Iraq and Kosovo during the very early stages. Most of the scholar literature focused on criminal law and human rights aspects, leaving aside commercial law reforms; yet, those profound commercial reforms have resulted in a drastic economic transformation from a planned, centrally controlled, socialist system into a liberal, marketoriented, capitalist economy. The radical nature of those changes raises the question of their conformity with relevant international law and the need for public accountability.Part III will then explore the sources of legality invoked so far (namely UN Mandates, International Humanitarian Law, and authority invested by local intervention by the academic world, experts and intervening actors as basis for the commercial reformation in Kosovo and Iraq, and whether the actual results comply with the discretion vested in the temporal administrations by those sources. Finally, in Part IV problems of judicial review and public accountability in relation to the law-making function of those international administrations in Iraq and Kosovo will be considered.

7 CFR 1901.505 - Certificates of beneficial ownership in FmHA or its successor agency under Public Law 103-354 loans.

Science.gov (United States)

2010-01-01

... ownership in FmHA or its successor agency under Public Law 103-354 loans. (a) Special trust of loans—(1) Establishment of special trusts. From time to time FmHA or its successor agency under Public Law 103-354 will... successor agency under Public Law 103-354 will own an interest in special trusts equal to the amount by...

Civil rights for people with disabilities: obstacles related to the least restrictive environment mandate.

Science.gov (United States)

Palley, Elizabeth

2009-01-01

State and other social service agencies as well as service providers are governed by laws that often provide unclear guidance regarding the rights of people with disabilities. Although some standards can be, and have been, developed to protect the rights of people with disabilities, all people with disabilities are not the same and therefore, each can require very different types of accommodations. Some aspects of disability rights must be individually based, including the requirement that people with disabilities receive educational services in the least restrictive environment and care in the most inclusive setting. The current interpretation of these mandates suggests that agency decisions rely on professional judgments. Unless professionals work with their clients, this reliance can serve to disempower those whom the law was intended to protect. Though much debated, the legal definition of a person with a disability is unclear. This article examines the concept of disability and that of the least restrictive environment as well as that of the "most inclusive setting," explains to whom they apply, discusses how they have been defined both in statutes and case law, and elaborates on the role of social workers as a result of the law's reliance on professional judgment in ascertaining client rights.

Measuring up to the Model: A Ranking of State Public Charter School Laws. Ninth Annual Edition

Science.gov (United States)

Ziebarth, Todd; Palmer, Louann Bierlein

2018-01-01

This ninth edition of "Measuring up to the Model: A Ranking of State Charter School Laws" presents the latest activity in charter public school legislation across the country. For the second year in a row, the 2018 rankings measure each state's charter school law against the National Alliance's updated model charter school law, "New…

The Role of Accounting and Accounting Law in Establishing Public Economic Policies in the Post-crisis Period

OpenAIRE

Aurelian Virgil BĂLUŢĂ

2012-01-01

The following issues are being adressed in this paper: the relationship of accounting and accounting law with the local economy, the relationship of accounting and accounting law with macroeconomics, establishing public policies for certain categories of enterprises based on information provided by accounting and accounting law, the relationship of accounting and accounting law with macroeconomics foresight and forecast, the relationship of accounting and accounting law with the labor economy...

We do not recognise anything 'private': public interest and private law under the socialist legal tradition and beyond

NARCIS (Netherlands)

Mańko, R.; Sitek, B.; Szczerbowski, J.J.; Bauknecht, A.W.; Szpanowska, M.; Wasyliszyn, K.

2015-01-01

In line with Lenin’s famous quote that Bolsheviks "do not recognise anything private" and that private law must be permeated with public interest, the private (civil) law of the USSR and other countries of the Soviet bloc, including Poland underwent reform aimed at furthering the public interest at

Labor law violations in Japanese public hospitals from March 2002 to March 2011.

Science.gov (United States)

Ehara, Akira

2013-02-01

According to the Japan Pediatric Society, the mean extra work hours of hospital pediatricians in 2010 was approximately 80 h per month, which is the certification criterion for Karoshi (death from overwork), but there is no precise picture of personnel management at hospitals because the labor authorities do not disclose detailed statistics concerning labor law violations to the public. Most local governments have a disclosure system, and the local governments that operate public hospitals were requested to disclose warning documents issued by the labor authorities from March 2002 to March 2011. A total of 208/369 public hospitals (56.4%) with ≥200 beds in Japan were warned of labor law violations. Offenses included exceeding the limit of working hours (177 hospitals) and non-payment of increased wages for night and holiday work (98 hospitals). Many public hospitals in Japan did not always pay workers including physicians for increased workload because they do not regard night and holiday duties as work hours. © 2012 The Author. Pediatrics International © 2012 Japan Pediatric Society.

48 CFR 52.250-1 - Indemnification Under Public Law 85-804.

Science.gov (United States)

2010-10-01

... caused by willful misconduct or lack of good faith on the part of any of the Contractor's principal... Public Law 85-804. 52.250-1 Section 52.250-1 Federal Acquisition Regulations System FEDERAL ACQUISITION REGULATION (CONTINUED) CLAUSES AND FORMS SOLICITATION PROVISIONS AND CONTRACT CLAUSES Text of Provisions and...

Smoke-free laws, gender, and reduction in hospitalizations for acute myocardial infarction.

Science.gov (United States)

Hahn, Ellen J; Rayens, Mary Kay; Burkhart, Patricia V; Moser, Debra K

2011-01-01

We examined gender differences in the incidence of acute myocardial infarction (AMI) after the passage of a smoke-free law in Lexington, Kentucky. The initial legislation had exemptions not covering manufacturing facilities and government buildings, which may have put men at greater risk for AMI. We examined the effect of Lexington's smoke-free public places law on hospitalizations for AMI (i.e., heart attack) among men and women 40 months prior to and 32 months after enactment of the law. We used the statewide administrative database (Comp Data) for all hospital billing records for the four health-care systems in Lexington-Fayette County. Cases were included in the analysis if (1) the patient was $35 years of age; (2) the patient had a primary discharge diagnosis of AMI, with an International Classification of Diseases, Ninth Revision code in the range of 410.00 to 410.99; and (3) the date of service was between January 1, 2001, and December 31, 2006. Among women, AMI hospitalizations declined 23% after the law took effect. The rate of AMI events among men did not change significantly. There was an overrepresentation of women in the hospitality industry and a disproportionate number of men working in manufacturing facilities and government worksites not mandated by the law. We found gender differences in the reduction of AMI hospitalizations following implementation of a smoke-free law that covered only some sectors of the workforce. Enacting smoke-free laws that cover all places of employment and strengthening existing partial laws may extend protection against AMIs to female and male workers.

Monitoring Manual for Determining Compliance with Public Law 94-142. Revised.

Science.gov (United States)

South Carolina State Dept. of Education, Columbia.

Designed to assist service providers as they strive to provide a full service goal for all handicapped pupils, this manual consists of checklists for monitoring compliance with Public Law 94-142 (Education for All Handicapped Children Act). Checklists of components in general policy areas are: (1) policy requirements (LEAs - Local Educational…

Better parks through law and policy: a legal analysis of authorities governing public parks and open spaces.

Science.gov (United States)

Henderson, Ana; Fry, Christine R

2011-01-01

Improving parks in low income and minority neighborhoods may be a key way to increase physical activity and decrease overweight and obesity prevalence among children at the greatest risk. To advocate effectively for improved recreation infrastructure, public health advocates must understand the legal and policy landscape in which public recreation decisions are made. In this descriptive legal analysis, we reviewed federal, state, and local laws to determine the authority of each level of government over parks. We then examined current practices and state laws regarding park administration in urban California and rural Texas. We identified several themes through the analysis: (1) multiple levels of governments are often involved in parks offerings in a municipality, (2) state laws governing parks vary, (3) local authority may vary substantially within a state, and (4) state law may offer greater authority than local jurisdictions use. Public health advocates who want to improve parks need to (1) think strategically about which levels of government to engage; (2) identify parks law and funding from all levels of government, including those not typically associated with local parks; and (3) partner with advocates with similar interests, including those from active living and school communities.

International criminal tribunals and human rights law: Adherence and contextualization

NARCIS (Netherlands)

Zeegers, K.J.

2015-01-01

Given their mandate to prosecute persons responsible for the most atrocious of human rights violations, International Criminal Tribunals (ICTs) are generally hailed as welcome enforcers of international human rights law: a new instrument in the toolkit of human rights protectors. However, ICTs

Roman Criminal Law. Contributions to Current Problems in Connection with “Crimes against Public Administration”

Directory of Open Access Journals (Sweden)

Fabio Espitia Garzón

2016-12-01

Full Text Available The secular and detailed study of Roman Private Law institutions has, for centuries, diverted the attention to institutions pertaining to the Public Law sphere. Such studies were a consequence of the triumph of bourgeois ideas from the Enlightenment, which were structured on a set of principles (separation of powers, the principle of legality both considered absolute truths, even though today they seem more like myths. This understanding shifted during the second half of the twentieth century, when scholars of Roman Law began to more comprehensively analyze Rome’s constitutional institutions as well as its criminal repression. This paper begins with a review of some of the most important works and articles produced since the fifties until present day about the so called ‘general ’and ´special’ Criminal Law, and the Law of Criminal Procedure, it then focuses on how useful those texts are in order to solve actual problems, taking as an example the subject of crimes against public administration, given the actual need to pursue the assets obtained from such activities, despite the perpetrator’s death, which means going beyond the principle of the individual nature of penalties.

Materialities of Law: Celebrity Production and the Public Domain

Directory of Open Access Journals (Sweden)

Esther Milne

2009-12-01

Full Text Available Celebrity production and consumption are powerful socio-economic forces. The celebrity functions as a significant economic resource for the commercial sector and plays a fundamental symbolic role within culture by providing a shared ‘vocabulary’ through which to understand contemporary social relations. A pivotal element of this allure is the process by which the celebrity figure is able to forge an intimate link with its audience, often producing public expressions of profound compassion, respect or revulsion. This process, however, is complicated by emerging participatory media forms whose impact is experienced as new conditions of possibility for celebrity production and consumption. As Marshall argues, video mash-ups of celebrity interviews, such as those of Christian Bale or Tom Cruise, are dramatically changing the relation between celebrity and audience (Marshall, 2006: 640. Meanings produced by these audience remixes challenge the extent to which a celebrity might control her image. So is the celebrity personality, therefore, a public or private commodity? Who owns the celebrity image within remix culture? Although the celebrity figure has been thoroughly researched in relation to its patterns of consumption; semiotic power; and industry construction; less attention has been focused on the forms of celebrity governance enabled by legislative and case law settings. How might the law deal with the significant economic and cultural power exercised within celebrity culture?

The Institutionalised and Non-institutionalised Exemptions from EU Public Procurement Law: Towards a more Coherent Approach?

NARCIS (Netherlands)

Janssen, Willem A.|info:eu-repo/dai/nl/374662819

2014-01-01

From a EU public procurement law perspective, contracting authorities have a discretionary power to decide upon who is allowed and best suited to provide public services to the public. When public authorities deem the in-house performance of a service to be the most suitable, the Court of Justice of

Impact of a new mandatory reporting law on reporting and identification of child sexual abuse: A seven year time trend analysis.

Science.gov (United States)

Mathews, Ben; Lee, Xing Ju; Norman, Rosana E

2016-06-01

Child sexual abuse is widespread and difficult to detect. To enhance case identification, many societies have enacted mandatory reporting laws requiring designated professionals, most often police, teachers, doctors and nurses, to report suspected cases to government child welfare agencies. Little research has explored the effects of introducing a reporting law on the number of reports made, and the outcomes of those reports. This study explored the impact of a new legislative mandatory reporting duty for child sexual abuse in the State of Western Australia over seven years. We analyzed data about numbers and outcomes of reports by mandated reporters, for periods before the law (2006-2008) and after the law (2009-2012). Results indicate that the number of reports by mandated reporters of suspected child sexual abuse increased by a factor of 3.7, from an annual mean of 662 in the three year pre-law period to 2448 in the four year post-law period. The increase in the first two post-law years was contextually and statistically significant. Report numbers stabilized in 2010-2012, at one report per 210 children. The number of investigated reports increased threefold, from an annual mean of 451 in the pre-law period to 1363 in the post-law period. Significant decline in the proportion of mandated reports that were investigated in the first two post-law years suggested the new level of reporting and investigative need exceeded what was anticipated. However, a subsequent significant increase restored the pre-law proportion, suggesting systemic adaptive capacity. The number of substantiated investigations doubled, from an annual mean of 160 in the pre-law period to 327 in the post-law period, indicating twice as many sexually abused children were being identified. Copyright © 2016 Elsevier Ltd. All rights reserved.

Governance in genomics: a conceptual challenge for public health genomics law

Directory of Open Access Journals (Sweden)

Tobias Schulte in den Bäumen

2006-12-01

Full Text Available Increasing levels of genomic knowledge has led to awareness that new governance issues need to be taken into consideration. While some countries have created new statutory laws in the last 10 years, science supports the idea that genomic data should be treated like other medical data. In this article we discuss the three core models of governance in medical law on a conceptual level. The three models, the Medical, Public Health and Fundamental Rights Model stress different values, or in legal terms serve different principles. The Medical Model stands for expert knowledge and the standardisation of quality in healthcare. The Public Health Model fosters a social point of view as it advocates distribution justice in healthcare and an awareness of healthcare as a broader concept. The Fundamental Rights Model focuses on individual rights such as the right to privacy and autonomy. We argue that none of the models can be used in a purist fashion as governance in genomics should enable society and individuals to protect individual rights, to strive for a distribution justice and to ensure the quality of genomic services in one coherent process. Thus, genomic governance in genomics requires procedural law and a set of applicable principles. The principle which underlies all three models is the principle of medical beneficence. Therefore genomic governance should refer to it as a key principle when conflicting rights of individuals or communities need to be balanced.

Mapping public policy on genetics.

Science.gov (United States)

Weisfeld, N E

2002-06-01

The mapping of the human genome and related advances in genetics are stimulating the development of public policies on genetics. Certain notions that currently prevail in public policy development overall--including the importance of protecting privacy of information, an interest in cost-effectiveness, and the power of the anecdote--will help determine the future of public policy on genetics. Information areas affected include discrimination by insurers and employers, confidentiality, genetic databanks, genetic testing in law enforcement, and court-ordered genetic testing in civil cases. Service issues address clinical standards, insurance benefits, allocation of resources, and screening of populations at risk. Supply issues encompass funding of research and clinical positions. Likely government actions include, among others: (1) Requiring individual consent for the disclosure of personal information, except when such consent would impose inordinate costs; (2) licensing genetic databases; (3) allowing courts to use personal information in cases where a refusal to use such information would offend the public; (4) mandating health insurers to pay for cost-effective genetic services; (5) funding pharmaceutical research to develop tailored products to prevent or treat diseases; and (6) funding training programs.

Managing Mandated Educational Change

Science.gov (United States)

Clement, Jennifer

2014-01-01

This paper explores teachers' perspectives on the management of mandated educational change in order to understand how it may be managed more effectively. A case study of teachers' responses to the introduction of a quality teaching initiative in two New South Wales schools found that while some teachers described the strong negative impact of…

Systematic review of the effect of immunization mandates on uptake of routine childhood immunizations.

Science.gov (United States)

Lee, Cecilia; Robinson, Joan L

2016-06-01

The efficacy of immunization mandates for childcare or school entry is a long-standing controversy. The United States (US) adopted school entry immunization mandates in the 1800s, while most countries still do not have mandates. The objective of this systematic review was to analyze the evidence that immunization uptake increases with mandates. A search was conducted for studies that compared immunization uptake in a population prior to and after mandates, or in similar populations with one group having and the other not having mandates. Data were extracted and synthesized qualitatively due to the heterogeneity of study design. Eleven before-and-after studies and ten studies comparing uptake in similar populations with and without mandates were included. Studies were from the US (n = 18), France (n = 1) and Canada (n = 2). Eleven of the 21 studies looked at middle school mandates. All but two studies showed at least a trend towards increased uptake with mandates. Higher uptake was associated with a more long-standing mandate. Immunization mandates have generally led to increased short-term and long-term uptake in the group to whom the mandate applies. Many studies have centered around middle school mandates in the US and there is a paucity of studies of childcare mandates or of studies of mandates in other countries or in settings with relatively high baseline immunization uptake. Copyright © 2016 The British Infection Association. Published by Elsevier Ltd. All rights reserved.

The distributional effects of employer and individual health insurance mandates.

Science.gov (United States)

Holahan, J; Winterbottom, C; Zedlewski, S

This paper assesses the impact of different kinds of employer and individual mandates on the cost to individuals, business, and government. We also examine the distribution of health care expenditures across individuals in different income groups, assuming that individuals ultimately bear the cost of employer payments through lower wages and the cost of government payments through tax contributions. A major conclusion is that net benefits to lower income individuals improve under all alternatives to the current system with relatively small increases in payments by individuals in any income group. Additionally, while employer mandates reduce individuals' direct payments, individual mandates can have lower costs to the government and better distributional outcomes. A 50% employer mandate also has many desirable features.

8 CFR 1245.13 - Adjustment of status of certain nationals of Nicaragua and Cuba under Public Law 105-100.

Science.gov (United States)

2010-01-01

... of Nicaragua and Cuba under Public Law 105-100. 1245.13 Section 1245.13 Aliens and Nationality... nationals of Nicaragua and Cuba under Public Law 105-100. (a) Aliens eligible to apply for adjustment. An... Nicaragua or Cuba; (2) Except as provided in paragraph (o) of this section, has been physically present in...

Significant differences between the Nordic laws on public access to documents

DEFF Research Database (Denmark)

Jørgensen, Oluf

2017-01-01

Transparency and public access to information work as a check on the exercise of power and the existence of corruption. In Sweden the constitutional right of access to documents is justified precisely by its contribution to democracy, the rule of law and efficiency in the public administration....... The wide access to information in today’s world also makes possible the publication of personal information about individuals’ private life in an unprecedented way. Does this mean that the relative importance of the protection of privacy has to be strengthened at the cost of access to information? What...... will be the impact of the developing information and communication technology on access to information? The right of access to documents has traditionally been discussed on the level of domestic administration but when public administration is internationalised the issue of access to documents makes itself felt also...

12 CFR 609.910 - Compliance with the Electronic Signatures in Global and National Commerce Act (Public Law 106-229...

Science.gov (United States)

2010-01-01

... Global and National Commerce Act (Public Law 106-229) (E-SIGN). 609.910 Section 609.910 Banks and Banking... with the Electronic Signatures in Global and National Commerce Act (Public Law 106-229) (E-SIGN). (a) General. E-SIGN makes it easier to conduct E-commerce. With some exceptions, E-SIGN permits the use and...

The public principle of the EC environmental law. Das Oeffentlichkeitsprinzip des EG-Umweltrechts

Energy Technology Data Exchange (ETDEWEB)

Schwanenfluegel, M von

1991-01-15

The author discusses questions concerning the significance of the Directive on Free Access to Information Concerning the Environment approved by the European Council of Ministers on 7 June 1990 and first considers the relative importance of free access to information. Further sections deal with the right to information in the member states, EC environmental law and the information of the public. The essential regulations of the directive are presented in detail: the prehistory of the directive, aims, definition of 'information concerning the environment' and public authority, exceptions and procedures. In an outlook consequences for individual regulations of the Law on Administrative Procedures and the Rules of the Administrative Courts are addressed and the urgency of a corresponding ruling for the institutions of the Community themselves is pointed out; the Commission has already announced such a proposal. (RST).

Change of Subsidiary Mandates in Emerging Markets

DEFF Research Database (Denmark)

Hansen, Michael W.; Petersen, Bent; Wad, Peter

2011-01-01

fails to conceptualize how the specificities of emerging market business environments affect subsidiary mandate evolution. The paper develops a theoretical model for business environment change influence on subsidiary mandates, and demonstrates how the model can capture much of recent years dramatic......In recent years, the activities of Danish MNCs in India have expanded dramatically. Previously dormant subsidiaries have been transformed into integral components in the global strategies of Danish MNCs, either as crucial cash cows catering to the rapidly growing Indian markets, or as platforms...

8 CFR 1245.9 - Adjustment of status of certain nationals of the People's Republic of China under Public Law 102...

Science.gov (United States)

2010-01-01

... of the People's Republic of China under Public Law 102-404. 1245.9 Section 1245.9 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE IMMIGRATION REGULATIONS ADJUSTMENT... nationals of the People's Republic of China under Public Law 102-404. (a) Principal applicant status. All...

Analysis tool public bidding the light of constitutional principles of cf / 88: a debate on the laws 8666 / 1993 and 12,462 / 2011

Directory of Open Access Journals (Sweden)

Cícero Júnior Siqueira dos Santos

2016-04-01

Full Text Available The present work aims at to promote a debate between the General Law of Administrative Contracts and Tenders (Law 8.666/93 and the Law Differentiated Scheme Public Contracting (Law 12.462/2011 Act regarding the observance of the Constitutional Principles of Public Administration in elaboration phase public bidding and execution of these instruments. This required from an initial study on Public Management which had as background rag and the Principles Bidding with emphasis on rol of the Chapeau of article 37 the Federal Constitution of 1988. Bidding procedures retro mentioned laws were also compared. The statement of reasons was made by literature search. As a result of the investigation, it was found that although there is a formal compliance with principled norm with regard respect the principles of public administration in both competitions governed by laws, not an application in hand and visible interest of the Public Power of the DRC in cases of greater relevance and urgency, which deconstructs the reason for this exceptional regime and calls into question the substantive norm of access to potential beneficiaries with full compliance.

Public School Principals' Experiences with Interpreting and Implementing Connecticut's Anti-Bullying Law (Connecticut General Statute Section 10-222d): A Statewide Survey

Science.gov (United States)

LaRocco, Diana J.; Nestler-Rusack, Donna; Freiberg, Jo Ann

2007-01-01

Background: In June 2002, the State of Connecticut General Assembly (CGA) passed Public Act 02-119, An Act Concerning Bullying Behavior in Schools and Concerning the Pledge of Allegiance. Section 1 mandated that each local and regional board of education (school district) develop a policy to address bullying in its schools. Conn. Gen. Statute…

Lives saved by laws and regulations that resulted from the Bloomberg road safety program.

Science.gov (United States)

Miller, Ted R; Levy, David T; Swedler, David I

2018-04-01

To estimate lives saved during 2008-2023 by traffic safety laws passed in six developing countries while participating in the Bloomberg Road Safety Program (BRSP). BRSP-funded local staff identified relevant laws and described enforcement to the study team. We analyzed road crash death estimates for 2004-2013 from the Global Burden of Disease and projected estimates absent intervention forward to 2023. We amalgamated developing country and US literature to estimate crash death reductions by country resulting from laws governing drink driving, motorcycle helmets, safety belt use, and traffic fines. BRSP helped win approval of traffic safety laws in Brazil, China, Kenya, Mexico, Turkey, and Vietnam. In 2008-2013, those laws saved an estimated 19,000 lives. Many laws only took effect in 2014. The laws will save an estimated 90,000 lives in 2014-2023. Of the 109,000 lives saved, drink driving laws will account for 84%, increased motorcyclist protection for 13%, increased fines and penalty points for 2%, and safety belt usage mandates for 1%. Drink driving reductions in China will account for 56% of the savings and reduced drink driving and motorcycling deaths in Vietnam for 35%. The savings in China will result from a narrow intervention with just 4% estimated effectiveness against drink driving deaths. As a percentage of deaths anticipated without BRSP effort, the largest reductions will be 11% in Vietnam and 5% in Kenya. Viewed as a public health measure, improving traffic safety provided large health gains in developing nations. Copyright © 2018 Elsevier Ltd. All rights reserved.

Collective Security Treaty Organization: Origins of the Multidimensional Mandate and Modern Means for its Implementation

Directory of Open Access Journals (Sweden)

Golub K.

2018-03-01

Full Text Available This article examines the historically contradictory development of the Collective Security Treaty Organization (CSTO following its 15th anniversary, and evaluates its political potential from the point of view of its assigned mandate. The evolution of international stability at the beginning of the century forced the contracting parties of the CSTO to formalize their mainly declarative interactions through the creation of a valid regional security organization. This new collective security forum enriched the cooperation mandate by establishing additional areas for mutual coordination including counterterrorism activities, measures to combat illegal migration and drug trafficking, strategies to respond to natural disasters and cybersecurity. The creation of the multitasking Collective Rapid Reaction Forces was the first significant step on the way to the practical realization of the CSTO. The Collective Security Strategy for the period ending in 2025 organizes the CSTO instruments of international cooperation within the CSTO crisis management framework and thus works to reduce the fragmentary nature of the CSTO. Despite the availability of the Collective Rapid Reaction Forces and the Collective Peace-Keeping Forces, the CSTO’s crisis management approach gives priority to political approaches and negotiation. Consequently, the multifunctional mandate of the CSTO predetermines its strategic role in Eurasia and allows it to achieve its political goals related to conservation of the common military and strategic area, the creation of a constraining effect, the facilitation of cooperation among law enforcement and intelligence agencies and the ability to contribute to the settlement of regional and local conflicts.

Public Participation and the Rights of the Child: Reflection on International Law Standards in the Legal System of the Russian Federation

Directory of Open Access Journals (Sweden)

Mariya Riekkinen

2016-01-01

Full Text Available This article deals with the much debated issue of children’s public participation from the perspective of legal practices in the Russian Federation. Having emerged at the level of national jurisdictions, the practice of engaging minors in decision-making processes on issues of public significance – or the practice of public participation of children – is stipulated by the UN Committee on the Rights of the Child, based on Article 12 of the UN Convention on the Rights of the Child. Public participation of minors implies that children have clearly defined opportunities to take part in decision-making processes concerning those political and public matters affecting their interests.Albeit limited by the clause “regarding the issues concerning them,” the claims for such participation are dictated by emerging standards of international law. The author has examined the process of devising these standards in Russian public law. Moreover, an analysis of the evolution of academic views on public participation of children in Russian legal scholarship is also included in this article.Relying extensively on the method of legal analysis and the comparative analysis of the conformity of national public law standards with respect to international law, the author proposes several legal amendments to the Federal law “On the Basic Guarantees of the Rights of the Child in the Russian Federation,” which would lead to anchoring more solidly the participatory right of minors in the legal system of the Russian Federation.

Nudges or mandates? The ethics of mandatory flu vaccination.

Science.gov (United States)

Dubov, Alex; Phung, Connie

2015-05-21

According to the CDC report for the 2012-2013 influenza season, there was a modest increase in the vaccination coverage rate among healthcare workers from 67% in 2011-2012, to 72% in 2012-2013 to the current 75% coverage. This is still far from reaching the US National Healthy People 2020 goal of 90% hospitals vaccination rates. The reported increase in coverage is attributed to the growing number of healthcare facilities with vaccination requirements with average rates of 96.5%. However, a few other public health interventions stir so much controversy and debate as vaccination mandates. The opposition stems from the belief that a mandatory flu shot policy violates an individual right to refuse unwanted treatment. This article outlines the historic push to achieve higher vaccination rates among healthcare professionals and a number of ethical issues arising from attempts to implement vaccination mandates. It then turns to a review of cognitive biases relevant in the context of decisions about influenza vaccination (omission bias, ambiguity aversion, present bias etc.) The article suggests that a successful strategy for policy-makers and others hoping to increase vaccination rates is to design a "choice architecture" that influences behavior of healthcare professionals without foreclosing other options. Nudges incentivize vaccinations and help better align vaccination intentions with near-term actions. Copyright © 2015 Elsevier Ltd. All rights reserved.

8 CFR 245.9 - Adjustment of status of certain nationals of the People's Republic of China under Public Law 102...

Science.gov (United States)

2010-01-01

... of the People's Republic of China under Public Law 102-404. 245.9 Section 245.9 Aliens and Nationality DEPARTMENT OF HOMELAND SECURITY IMMIGRATION REGULATIONS ADJUSTMENT OF STATUS TO THAT OF PERSON... of China under Public Law 102-404. (a) Principal applicant status. All nationals of the People's...

Legal rights during pandemics: federalism, rights and public health laws--a view from Australia.

Science.gov (United States)

Bennett, B

2009-03-01

Pandemic influenza will cause significant social and economic disruption. Legal frameworks can play an important role in clarifying the rights and duties of individuals, communities and governments for times of crisis. In addressing legal frameworks, there is a need for jurisdictional clarity between different levels of government in responding to public health emergencies. Public health laws are also informed by our understandings of rights and responsibilities for individuals and communities, and the balancing of public health and public freedoms. Consideration of these issues is an essential part of planning for pandemic influenza.

Comparison of Brokerage and Commission in Iranian Commercial Law

OpenAIRE

Manochehr Ghadami; Ali Radan Jebelli

2017-01-01

Terms such as commission and brokerage are similar in the concept of agency and in some cases they are different. In the legal system of Iran, commission section is derived from French law and it drives out the commission from the realm of agency and justifies it as an entity equal to the contract of the mandate. On the other hand, the brokerage has not been discussed in Iran’s jurisprudential sources and civil law as a legal body establishment; therefore, we can take it as new found phenomen...

The Institutionalised and Non-Institutionalised Exemptions from EU Public Procurement Law: Towards a More Coherent Approach?

Directory of Open Access Journals (Sweden)

Willem A. Janssen

2014-12-01

Full Text Available From a EU public procurement law perspective, contracting authorities have a discretionary power to decide upon who is allowed and best suited to provide public services to the public. When public authorities deem the in-house performance of a service to be the most suitable, the Court of Justice of the EU has allowed these authorities to rely on the institutionalised and non-institutionalised exemptions, which exempt a possible duty to contract out a public contract. The first part of this contribution discusses the recent codification of these exemptions in Article 12 Directive 2014/24/EU on public procurement. It concludes that this codification creates some legal certainty, but it mostly expands the scope of these exemptions from public procurement law. The second part of this contribution proposes a more coherent approach for these exemptions by discussing the challenges of regulating and enforcing the pre-procurement phase (the make-or-buy decision in which a public authority decides to favour the internal or external performance of a service. It concludes by providing legal perspectives to regulate and enforce this decision-making phase.

The law and the expanding nursing role.

Science.gov (United States)

Bullough, B

1976-03-01

Nursing has moved through two major phases in licensure. From 1900 to 1938 basic registration acts were passed and amended. In 1938 the goal became mandatory licensure for all those who nursed for hire. This move was linked with the stratification of the nursing role to include both practical and registered nurses. The third and current phase in licensure began in 1971 with the Idaho revision of the nurse practice act; 30 states have now revised their nurse practice acts to facilitate role expansion for registered nurses. Several approaches are being used in these laws including mandating new board regulations, expanding the definitions of nursing; increasing the power of physicians to delegate, and mandating the use of standardized protocols to guide the practice of nurses who are accepting new responsibilities.

An Assessment of the Unfunded Mandates Reform Act in 1997

National Research Council Canada - National Science Library

Gullo, Theresa

1998-01-01

.... At the same time, some Members of Congress and other observers question whether UMRA's definition of intergovernmental mandates is adequate and whether the legislative procedures that apply to private-sector mandates should be bolstered.

Law across nations

DEFF Research Database (Denmark)

of participants keen to work together to promote research and policy development in such a lively forum." - Professor Steve Saxby PhD, Cert Ed., MBCS Professor of IT Law and Public Policy, Solicitor, Deputy Head of School (Research), Faculty of Business and Law, University of Southampton, Editor...... not only the original themes of Legal, Security and Privacy Issues in IT Law and International Law and Trade but more recently two new conferences on International Public and Private Law. The papers in this volume then represent the contributions to all these fields and reflect the strong desire......-in-Chief, The Computer Law & Security Review - The International Journal of Technology Law and Practice (Elsevier), www.elsevier.com/locate/clsr, Editor, The Encyclopedia of Information Technology Law (Sweet & Maxwell), Director ILAWS - Institute for Law and the Web - School of Law, Southampton University, www...

77 FR 64493 - Office of the Secretary of the Air Force Acceptance of Group Application Under Public Law 95-202...

Science.gov (United States)

2012-10-22

... DEPARTMENT OF DEFENSE Department of the Air Force Office of the Secretary of the Air Force Acceptance of Group Application Under Public Law 95-202 and Department of Defense Directive (DODD) 1000.20..., Public Law 95-202 and DoD Directive 1000.20, the Department of Defense Civilian/Military Service Review...

THE MAN CATEGORY IN PUBLIC POLICIES AND BRAZILIAN LAWS

Directory of Open Access Journals (Sweden)

Samantha Alflen Banin

2016-11-01

Full Text Available This article discusses the view of man as a gender category in public policies and national laws, especially those focused on violence against women. With this objective, it contextualizes the studies of feminisms and masculinities as theories and epistemology that guide the analysis of 17 official Brazilian documents selected for this study. This analysis seeks to clarify how the gendered man has been understood in various documents over the years. It discusses how the formulation of laws can provide a new accountability approach beyond the punishment of these men. It also investigates the regulation of some of the existing groups of men who have used violence against women in the country. It finalizes claiming the importance of these reflections for the debate on gender and masculinities in pursuit of a more effective system of prevention and eradication of violence against women. It discusses and argues in favor of both changing the way this category is addressed in official documents, and formalizing spaces for reflection for men who have used violence against women.

Did the Affordable Care Act's Dependent Coverage Mandate Increase Premiums?

OpenAIRE

Briggs Depew; James Bailey

2014-01-01

We investigate the impact of the Affordable Care Act's dependent coverage mandate on insurance premiums. The expansion of dependent coverage under the ACA allows young adults to remain on their parent's private health insurance plans until the age of 26. We find that the mandate has led to a 2.5-2.8 percent increase in premiums for health insurance plans that cover children, relative to single-coverage plans. We find no evidence that the mandate caused an increase in the amount of the employe...

78 FR 9038 - Office of the Secretary of the Air Force Acceptance of Group Application Under Public Law 95-202...

Science.gov (United States)

2013-02-07

... DEPARTMENT OF DEFENSE Department of the Air Force Office of the Secretary of the Air Force Acceptance of Group Application Under Public Law 95-202 and Department of Defense Directive (DODD) 1000.20: U.S. and Foreign Employees of Air America, Inc. Under the provisions of Section 401, Public Law 95-202...

78 FR 64260 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

Science.gov (United States)

2013-10-28

... International Law (ACPIL): Public Meeting on Cross-Border Insolvency The Office of the Assistant Legal Adviser... potential future work related to cross-border insolvency issues under consideration in the United Nations... has developed a number of instruments related to cross- border insolvency law, including the UNCITRAL...

STRENGTHENING THE SUSTAINABILITY OF PUBLIC FINANCES BY MEANS OF FINANCIAL LAW FOCUSED ON THE CONTROL AND AUDIT EXERCISE

Directory of Open Access Journals (Sweden)

Ionel BOSTAN

2016-02-01

Full Text Available The activity to prevent embrittlement sustainability of public finances should manifest itself permanently, regardless of economic circumstances - national or European. This, more so as it was set by the Stability and Growth Pact (SGP, which introduces new rules on fiscal policy. Regulations and exercise adequate of financial control and public audit are intended to give certain guarantees on landing approach this topic (most on enhancing sustainability of public finances. Therefore, our approach aims to reveal some aspects of fiscal consolidation by means of financial law focused on exercise fiscal control and public audit. Our references aim the current regulatory of this important organization and functioning rule of law activities and results reported.

Consequences of a Liquid Mandate

DEFF Research Database (Denmark)

Sörbom, Adrienne; Garsten, Christina

This paper describes and answers the question how the WEF creates a strong position for itself in the global arena, without a formal and institutional mandate. Theoretically the paper builds and adds to emerging body of literature regarding partial organization, as framed by Ahrne and Brunsson (2...

Environmental law

International Nuclear Information System (INIS)

Ketteler, G.; Kippels, K.

1988-01-01

In section I 'Basic principles' the following topics are considered: Constitutional-legal aspects of environmental protection, e.g. nuclear hazards and the remaining risk; European environmental law; international environmental law; administrative law, private law and criminal law relating to the environment; basic principles of environmental law, the instruments of public environmental law. Section II 'Special areas of law' is concerned with the law on water and waste, prevention of air pollution, nature conservation and care of the countryside. Legal decisions and literature up to June 1988 have been taken into consideration. (orig./RST) [de

Vaccinating health care workers against influenza: the ethical and legal rationale for a mandate.

Science.gov (United States)

Ottenberg, Abigale L; Wu, Joel T; Poland, Gregory A; Jacobson, Robert M; Koenig, Barbara A; Tilburt, Jon C

2011-02-01

Despite improvements in clinician education, symptom awareness, and respiratory precautions, influenza vaccination rates for health care workers have remained unacceptably low for more than three decades, adversely affecting patient safety. When public health is jeopardized, and a safe, low-cost, and effective method to achieve patient safety exists, health care organizations and public health authorities have a responsibility to take action and change the status quo. Mandatory influenza vaccination for health care workers is supported not only by scientific data but also by ethical principles and legal precedent. The recent influenza pandemic provides an opportunity for policymakers to reconsider the benefits of mandating influenza vaccination for health care workers, including building public trust, enhancing patient safety, and strengthening the health care workforce.

Louisiana motorcycle fatalities in the wake of governmentally implemented change: a retrospective analysis of the motorcycle morbidity and mortality before, during, and after the repeal of a statewide helmet mandate.

Science.gov (United States)

Strom, Shane F; Ambekar, Sudheer; Madhugiri, Venkatesh S; Nanda, Anil

2013-06-01

On August 15, 2004, Louisiana's universal motorcycle helmet mandate was reinstated. Previous studies have shown that mortality and morbidity of motorcycle riders who crashed had increased during the 5 years the mandate was repealed. The objective of this study was to discern whether the reinstatement of the universal helmet mandate has resulted in a subsequent decrease in motorcycle-related mortality and morbidity in the state of Louisiana. A retrospective analysis was performed observing the regularity of helmet use and the associated morbidity and mortality of motorcycle traffic accidents from the time before, during, and after the universal motorcycle helmet mandate was repealed in the state of Louisiana. Fatality statistics were obtained through the National Highway Safety Traffic Association. Injury, helmet use, and collision data were obtained from the Louisiana Highway Safety Commission. Motorcycle registration data were obtained from the Federal Highway Administration. Motorcycle crash-related fatalities increased significantly when the statewide helmet mandate was repealed, and interestingly, after reinstatement, these fatality rates never returned to their previous lows. Motorcycle fatalities have increased out of proportion to the increase in motorbike registrations, even when yearly fatalities are normalized to fatalities per 10,000 registered bikes. An all-time high in fatalities was seen in 2006, a year subsequent to the mandate's reinstatement. Fatalities per collision were elevated significantly after the mandate's repeal but did not return to prerepeal lows after the mandate's reinstatement. Although helmet use after reinstatement has reached all-time highs, fatality rates have remained elevated since the original mandate repeal in 1999. Other achievable changes in state policy and law enforcement should be explored to quell this heightened risk to motorcycle enthusiasts in Louisiana, and states considering changing their own motorcycle helmet

State Mandated Benefits and Employer Provided Health Insurance

OpenAIRE

Jonathan Gruber

1992-01-01

One popular explanation for this low rate of employee coverage is the presence of numerous state regulations which mandate that group health insurance plans must include certain benefits. By raising the minimum costs of providing any health insurance coverage, these mandated benefits make it impossible for firms which would have desired to offer minimal health insurance at a low cost to do so. I use data on insurance coverage among employees in small firms to investigate whether this problem ...

[Surveillance in Spain 3 years since the enactment of the Public Health Law].

Science.gov (United States)

Pousa, Anxela; Godoy, Pere; Aragonés, Nuria; Cano, Rosa; Sierra, María José; González, Francisco; Mayoral, José María

2016-01-01

In 2014, the Epidemiological Surveillance Working Group of the Sociedad Española de Epidemiología (Spanish Society of Epidemiology), carried out a descriptive study in order to evaluate the level of development of the Spanish Public Health Law since its enactment in 2011. A survey collecting data on the existence of information systems and other aspects pertaining to each surveillance section included in the law was sent to all 19 autonomous communities and cities. All regional authorities reported the presence of an information system for communicable diseases, and six also reported an information system for social factors. 18 reported that at least one chronic disease was subject to surveillance and 14 confirmed surveillance of some of its determinants. They all systematically analysed the data derived from the communicable diseases. There is room for improvement in Public Health surveillance in Spain, and action should be aimed at the main health problems. Copyright © 2016 SESPAS. Published by Elsevier Espana. All rights reserved.

State environmental law and carbon emissions: Do public utility commissions use environmental statutes to fight global warming?

Energy Technology Data Exchange (ETDEWEB)

Sautter, John A.

2010-10-15

In many states environmental statutes provide the authority for public utility commissioners to make decisions to reduce greenhouse gases from electricity generation. This article looks at six such laws and how the presence of these laws affected CO{sub 2} emissions during a nine-year period from 1997 to 2005. (author)

We do not recognise anything 'private': public interest and private law under the socialist legal tradition and beyond

OpenAIRE

Mańko, R.; Sitek, B.; Szczerbowski, J.J.; Bauknecht, A.W.; Szpanowska, M.; Wasyliszyn, K.

2015-01-01

In line with Lenin’s famous quote that Bolsheviks "do not recognise anything private" and that private law must be permeated with public interest, the private (civil) law of the USSR and other countries of the Soviet bloc, including Poland underwent reform aimed at furthering the public interest at the expense of the private one. Specific legal institutions were introduced for this purpose, in the form of legal innovations, loosely, if at all, based on pre-existing Western models. In the Poli...

California Library Statistics, 2009: Fiscal Year 2007-2008 from Public, Academic, Special and County Law Libraries

Science.gov (United States)

Bray, Ira, Ed.

2009-01-01

Each year the State Library sends annual report forms to California's public, academic, special, state agency, and county law libraries. Statistical data from those reports are tabulated in this publication, with directory listings published in the companion volume, "California Library Directory." For this fiscal year, 389 libraries of…

California Library Statistics, 2005: Fiscal Year 2003-2004 from Public, Academic, Special and County Law Libraries

Science.gov (United States)

Bray, Ira, Ed.

2005-01-01

Each year the State Library sends annual report forms to California's academic, public, special, state agency, and county law libraries. Statistical data from those reports are tabulated in this publication, with directory listings published in the companion volume, California Library Directory. For this fiscal year four hundred and eight…

Population risk and subjective public law in atomic energy law

International Nuclear Information System (INIS)

Winter, G.

1979-01-01

On the basis of jurisdiction in atomic law and in other planning and immission laws, the author deals with the question whether a plaintiff can base his action against a nuclear licence on the fact that the general population risk is very high around the chosen site or because of the type of reactors. Even if jurisdiction negates this question because of the function of the administrative-judicial legal protection (individual involvement), it nevertheless regards it as neccessary with the increasing number and size of NPPs, to make the general population risk accessable to actions. The author critically deals with the protection norm theory of the legal dogmatics and that of the practical jurisdiction. He suggests to replace the 'Nachbarklagen' model in atomic laws by a model of 'Eingriffsverwaltung' and to regard the licences primarily as tolerance declarations to the neighbourhood and secondarily as favouring administrative actions. (UN) [de

[Evidence-based medicine and public health law: statutory health insurance].

Science.gov (United States)

Dreher, Wolfgang

2004-09-01

Beyond all differences in terminology and legal principles between the laws governing private health insurance, the governmental financial support for civil, servants and statutory health insurance the fundamental issues to be solved by the courts in case of litigation are quite similar. But only a part of these refer to the quality of medical services, which is the main concern of Evidence-based Medicine (EbM); EbM, though, is not able to contribute towards answering the equally important question of how to distinguish between "treatment" and "(health-relevant) lifestyle". The respective definitions that have been developed in the particular fields of law are only seemingly divergent from each other and basically unsuitable to aid the physician in his clinical decision-making because the common blanket clauses of public health law are regularly interpreted as rules for the exclusion of certain claims and not as a confirmatory paraphrase of what is clinically necessary. If on the other hand medical quality is what lies at the core of litigation, reference to EbM may become necessary. In fact, it is already common practice in the statutory health insurance system that decision-making processes in the Federal Committee being responsible for quality assurance (Bundesausschuss) are based on EbM principles and that in exceptional cases only the courts have to medically review the Federal Committee's decisions.

Federal Health Coverage Mandates and Health Care Utilization: The Case of the Women's Health and Cancer Rights Act and Use of Breast Reconstruction Surgery.

Science.gov (United States)

Xie, Yang; Tang, Yuexin; Wehby, George L

2015-08-01

Utilization of breast reconstruction services remains low among women who underwent mastectomy despite the improvement in quality of life associated with this treatment. The objective of this study is to identify the effect of the Women's Health and Cancer Rights Act (WHCRA)-an understudied ongoing federal law that mandated insurance coverage of breast reconstruction following mastectomy beginning in 1999-on use of reconstructive surgery after mastectomy. We use a difference-in-differences (DD) approach to identify the change in breast reconstruction utilization induced by WHCRA by comparing the pre- and post-policy changes in utilization between states that did not have existing laws mandating coverage before the WHCRA (treatment group) and those that had such state laws (control group). The data are from the Surveillance, Epidemiology, and End Results program. The main sample includes 15,737 female patients who were under the age of 64 and underwent mastectomy within 4 months of diagnosis of early stage breast cancer during 1998 and 2000. Based on the DD model, the odds of using reconstruction services in the states without preexisting laws increased after the WHCRA by 31% in 1999 and 36% in 2000 (compared with 1998 before the WHCRA). These effects are masked in a simple pre/post model for change in reconstruction across all states. Additional analyses through 2007 indicate that the WHCRA had long-term effects on utilization. Furthermore, analyses by state indicate that most states in the treatment group experienced a significance increase in utilization. The use of breast reconstruction after mastectomy significantly increased after the WHCRA. At a minimum, our estimates may be considered the lower bound of the real policy effect.

7 CFR Exhibit C to Subpart E of... - FmHA or Its Successor Agency Under Public Law 103-354 Financed Contract

Science.gov (United States)

2010-01-01

... or Its Successor Agency Under Public Law 103-354 Financed Contract To: Area Director, Office of... 7 Agriculture 12 2010-01-01 2010-01-01 false FmHA or Its Successor Agency Under Public Law 103-354 Financed Contract C Exhibit C to Subpart E of Part 1901 Agriculture Regulations of the Department of...

PRINCIPLE OF PROPORTIONALITY, CRITERION OF LEGITIMACY IN THE PUBLIC LAW

Directory of Open Access Journals (Sweden)

MARIUS ANDREESCU

2011-04-01

Full Text Available A problem of essence of the state is the one to delimit the discretionary power, respectively the power abuse in the activity of the state’s institutions. The legal behavior of the state’s institutions consists in their right to appreciate them and the power excess generates the violation of a subjective right or of the right that is of legitimate interest to the citizen. The application and nonobservance of the principle of lawfulness in the activities of the state is a complex problem because the exercise of the state’s functions assumes the discretionary powers with which the states authorities are invested, or otherwise said the ‘right of appreciation” of the authorities regarding the moment of adopting the contents of the measures proposed. The discretionary power cannot be opposed to the principle of lawfulness, as a dimension of the state de jure. In this study we propose to analyze the concept of discretionary power, respectively the power excess, having as a guidance the legislation, jurisprudence and doctrine in the matter. At the same time we would like to identify the most important criterions that will allow the user, regardless that he is or not an administrator, a public clerk or a judge, to delimit the legal behavior of the state’s institutions from the power excess. Within this context, we appreciate that the principle of proportionality represents such a criterion. The proportionality is a legal principle of the law, but at the same time it is a principle of the constitutional law and of other law branches. It expresses clearly the idea of balance, reasonability but also of adjusting the measures ordered by the state’s authorities to the situation in fact, respectively to the purpose for which they have been conceived. In our study we choose theoretical and jurisprudence arguments according to which the principle of proportionality can procedurally be determined and used to delimit the discretionary power and

Challenges imposed by International Environmental Law to Classical International Law

Directory of Open Access Journals (Sweden)

Fabian Augusto Cárdenas Castañeda

2010-05-01

Full Text Available The emergence of international environmental law has produced important challenges to the very foundations of public international law. Traditional concepts such as state sovereignty, subjects of international law, and the early perspectives of national security are being transformed. The needs of the contemporary international society differ from the ones of the Wesphalian conception, situations which clearly explains the raise of alternative views for the understanding of the current dynamics of international law, where concepts like res communis, common concerns and simply “commons” take a privileged place in the study of international law. The foregoing has been strengthened by the international development of the so called erga ommnes obligations, label which is being used by international environmental law as the perfect explanation of its own existence. This academic article presents and studies the abovementioned concepts trying to compare what international law used to be before the emergence of international environmental law and what it is and what it should be in order to attend the developments and challenges imposed by the contemporary international society, particularly by international environmental law, a new fi eld of the corpus juris of public international law.

78 FR 19062 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

Science.gov (United States)

2013-03-28

... International Law (ACPIL): Public Meeting on Electronic Commerce The Office of the Assistant Legal Adviser for... UNCITRAL's Working Group IV (electronic commerce), the UNCITRAL Secretariat has prepared draft provisions... on electronic transferable records. The public meeting will take place on Tuesday, April 30, 2013...

Democratic contract law

NARCIS (Netherlands)

Hesselink, M.W.

2015-01-01

This article discusses the normative relationship between contract law and democracy. In particular, it argues that in order to be legitimate contract law needs to have a democratic basis. Private law is not different in this respect from public law. Thus, the first claim made in this article will

Public informations guidelines

International Nuclear Information System (INIS)

1986-06-01

The purpose of these Public Information Guidelines is to provide principles for the implementation of the NWPA mandate and the Mission Plan requirements for the provision of public information. These Guidelines set forth the public information policy to be followed by all Office of Civilian Radioactive Waste Management (OCRWM) performance components. The OCRWM offices should observe these Guidelines in shaping and conducting public information activities

Public informations guidelines

Energy Technology Data Exchange (ETDEWEB)

None

1986-06-01

The purpose of these Public Information Guidelines is to provide principles for the implementation of the NWPA mandate and the Mission Plan requirements for the provision of public information. These Guidelines set forth the public information policy to be followed by all Office of Civilian Radioactive Waste Management (OCRWM) performance components. The OCRWM offices should observe these Guidelines in shaping and conducting public information activities.

Preventing Maladministration in Indonesian Public Procurement : A Good Public Procurement Law Approach and Comparison with the Netherlands and the United Kingdom

NARCIS (Netherlands)

Wibowo, R.A.

2017-01-01

The aim of this book is to make recommendations concerning the improvement of public procurement law in Indonesia. The author identifies five fundamental problems commonly arising in the pre-contractual phase in Indonesia: the procurement document may be prepared in a way that favours certain

State laws and the provision of family planning and abortion services in 1985.

Science.gov (United States)

Sollom, T; Donovan, P

1985-01-01

65 laws relating to fertility were enacted by the 49 state legislatures that held sessions in 1985. This was the largest enacted since 1973, and the 2nd largest total since. Some of the 1985 abortion laws are designed to protect abortion rights. Several states in the US took action to severely punish the perpetrators of violence against abortion clinics. Lesislation dealing with the delivery of family planning services was subjected to public funding restrictions in 1985. Attempts have been made recently on the federal level to prevent Title X recipients from being provided with information on abortion in their pregnancy counseling sessions. These actions are similar to some of the state laws attempting to reach the same end. Many states included funds for family planning in general appropriations bills. Differences among legislators regarding the right of minors to consent to reproductive health care have led to 2 patterns of response: 1) affirmation of the right of minors to receive family planning services on their own consent; or 2) laws mandating parental involvement in a minor's abortion decision. The most troubling aspect of the fertility related legislation endated in 1985 is the effort by a number of legislatures to attach restrictions on abortion counseling and referral to family planning appropriations bills. In 1985, state laws were enacted to regulate the disposal of fetal remains, to prohibit the use of fetal remains for commercial purposes and to impose criminal sanctions for causing the miscarriage of a fetus during a felony.

Implementation of the Louisiana ADD Law.

Science.gov (United States)

Pounders, Mickey

Louisiana's state education agency (SEA) was mandated to provide appropriate services for children with attention deficit disorders, by developing statewide training for representatives from public school districts and by selecting and implementing four pilot programs. The SEA implemented the pilot programs, provided an informational training…

State farm-to-school laws influence the availability of fruits and vegetables in school lunches at US public elementary schools.

Science.gov (United States)

Nicholson, Lisa; Turner, Lindsey; Schneider, Linda; Chriqui, Jamie; Chaloupka, Frank

2014-05-01

State laws and farm-to-school programs (FTSPs) have the potential to increase fruit and vegetable (FV) availability in school meals. This study examined whether FV were more available in public elementary school lunches in states with a law requiring/encouraging FTSPs or with a locally grown-related law, and whether the relationship between state laws and FV availability could be explained by schools opting for FTSPs. A pooled, cross-sectional analysis linked a nationally representative sample of public elementary schools with state laws. A series of multivariate logistic regressions, controlling for school-level demographics were performed according to mediation analysis procedures for dichotomous outcomes. Roughly 50% of schools reported FV availability in school lunches on most days of the week. Schools with the highest FV availability (70.6%) were in states with laws and schools with FTSPs. State laws requiring/encouraging FTSPs were significantly associated with increased FV availability in schools and a significant percentage (13%) of this relationship was mediated by schools having FTSPs. Because state farm-to-school laws are associated with significantly higher FV availability in schools-through FTSPs, as well as independently-enacting more state legislation may facilitate increased FTSP participation by schools and increased FV availability in school meals. © 2014, American School Health Association.

Autopsy: Traditional Jewish laws and customs "Halacha".

Science.gov (United States)

Goodman, Norman R; Goodman, Jeffrey L; Hofman, Walter I

2011-09-01

Judaism has many traditions, customs, rules, and laws, which relate to the proper and ethical disposition of a decedent when a Medical Examiner/ Coroner is involved. In almost all United States jurisdictions, statutes mandate the need to determine the cause and manner of death (Coroners' Act PA Pl. 323, num. 130, section 1237). This article is a review of some religious writings, legal precedents, and forensic authorities, which may help to assist the Medical Examiner/Coroner when confronted with a Jewish decedent. There can be flexibility as to the extent that such forensic studies can and should be performed. The final consent and interpretation of the rules, laws, traditions, and customs will rest with the courts and local rabbinic authority.

Opportunities, threats and barriers to enacting mandatory child car restraint laws in Iran.

Science.gov (United States)

Soori, Hamid; Ainy, Elaheh; Bazargan-Hejazi, Shahrzad

2015-01-01

Approximately one-third of Iranian children's deaths are caused by injuries. Of these, 36% result from road traffic injuries (RTIs). Both RTIs and fatalities could be reduced by using child car restraints (CCRs). Despite their demonstrated effectiveness, CCRs are not mandatory in Iran. This study was conducted to assess opportunities and barriers in enacting mandatory CCR laws in that country. Using mixed method research, a phenomenological approach was used to explore the experiences and perspectives of road safety stakeholders in regard to opportunities and threats in enacting mandatory CCR laws in Iran. The themes derived from group discussions were used to first develop a structured questionnaire, which was later distributed to and completed by study participants. The study analysis was conducted using scores and rankings from the responses to these questions. Twenty-eight stakeholders participated in the study. Most were male, aged 36.7 ± 5.6 (range 25-59). In terms of identifying the organization that should establish mandatory CCR laws, the Traffic Police Department achieved the highest score of 90 (range 0-100). The participants also thought that the Traffic Police department is responsible to monitor compliance and conduct follow-up investigations (score = 100). In regard to existing barriers in enacting CCR laws, the lack of positive Publicity by mass media and the lack of related laws received scores of 85 and 70, respectively. Enabling factors and opportunities included 'positive regards or attitude of families towards their child's health,' 'officials' commitment to support such laws' and 'having adequate resources to raise community awareness of the importance of CCR use. These received scores of 83, 69 and 68, respectively. The results suggest that cooperation and collaboration among stakeholders including the Traffic Police, families and local communities are needed to maximize the likelihood of mandating CCR laws.

LEGAL PROTECTION IN AWARDING PUBLIC CONTRACTS PROCEEDINGS- HARMONISATION OF CROATIAN LAW WITH THE ACQUIS COMMUNAUTAIRE

Directory of Open Access Journals (Sweden)

Damir Aviani

2008-01-01

Full Text Available Every economic activity of public legal bodies, and similarly with the activities of public-legal bodies in awarding public contracts to business partners, is subject to the rules of market competition. In order to secure free market competition, and market oriented activity of public legal bodies, the European Union, with its rules, limits the activity of public power and forces it to act in a market oriented way in its economic activities. The legal inheritance of the Union which is related to the awarding of public contracts (on public procurement, concessions and public-private partnership is based on general principles which arise from the Agreement on the Establishment of the European Union, and from the court practice of the European Court of Justice such as transparency, equal treatment and non-discrimination. The demands which are placed on legal protection within the area of awarding certain public contracts are regulated by two, in important points confl ictive directives of the EU on legal remedies: Directive 89/665/EEC, which is related to legal protection in the so called classic sector and by Directive 92/13/EEC which is related to the legal protection in the services sector. The aforementioned with directives set certain demands which the member states must satisfy during the regulation of legal protection in their national legislative. The Croatian system of legal remedies is not unique in the questions of legal protection in procedures of awarding public contracts. That is, the system of legal protection in the procedure of public procurement is different from legal protection in the procedure of awarding contracts of concession and contracts of public-private partnership. Court control of public administration is recognisable as the fundamental element of the rule of law. However, there exists signifi cant room for improvement of legal, and in particular, court protection in the Republic of Croatia for breach of law during

World law

Directory of Open Access Journals (Sweden)

Harold J. Berman

1999-03-01

Full Text Available In the third millennium of the Christian era, which is characterised by the emergence of a world economy and eventually a world society, the concept of world law is needed to embrace not only the traditional disciplines of public international law, and comparative law, but also the common underlying legal principles applicable in world trade, world finance, transnational transfer of technology and other fields of world economic law, as well as in such emerging fields as the protection of the world's environment and the protection of universal human rights. World law combines inter-state law with the common law of humanity and the customary law of various world communities.

Evaluation of Law no. 6306 on Transformation of Areas under Disaster Risk from Perspective of Public Spaces – Gezi Park Case

Directory of Open Access Journals (Sweden)

Sezen Tarakçı

2015-08-01

Full Text Available Throughout history, cities have offered a place for freedom and accommodated differences. Ideological and social developments have taken place in urban spaces where differences, different cultures and ideologies gathered together. Therefore, significant attention should be paid to public-oriented planning and design of urban spaces in the face of social segregation and disintegration experienced in cities. However, cities inTurkeyare mostly transformed under the pressure of international and national capital. The most recent legal instrument governing urban redevelopment, the Law no. 6306 on Transformation of Areas under Disaster Risk contains quite controversial provisions relating to many paradigms. Its uncertainty over public property and public spaces, and the Ministry of Environment and Urban Planning as the sole authority in this field leave all the public spaces at “risk”.GeziPark, a ‘saved’ public space in the backdrop of protests, is still exposed to risks of being stripped off its public nature. This study browses through the literature on public spaces and urban redevelopment, while evaluating the Law no. 6306 on Transformation of Areas under Disaster Risk. It goes on to evaluateGeziParkevents, from the perspective of these experiences and the interviews conducted thereafter. The study concludes how actually the aforementioned Law may itself pose risks for our public spaces.

Environmental law and nuclear law: a growing symbiosis

International Nuclear Information System (INIS)

Ennerechts, S.

2008-01-01

This article is divided in two parts. The first part deals with the interrelationship between environmental law and nuclear law. It specifically addresses selective topics which the author considers as substantial proof that environmental law is in evidence in the nuclear field. These topics are access to nuclear information, public participation in nuclear decision-making and prevention and compensation of environmental damage caused by nuclear incidents. Environmental law will be considered in its narrow sense, meaning the law that seeks to protect nature such as soil, water, air and biodiversity. The position of the author is that the importance of environmental law for nuclear activities is increasing and may lead to a growing symbiosis with nuclear law. Environmental law and nuclear law share the same objectives: protection against mitigation of and compensation for damage to the environment. In the second part a specific problem that touches upon the extra-territorial effect of environmental legislation in the nuclear field will be examined. At the beginning of the 21. century, it can be expected that vendors of nuclear facilities will spare no efforts in trying to enter new markets all over the world. Countries with more developed environmental requirements on the construction of nuclear facilities by their national vendors in customer countries. This part of the article will analyse whether public international laws to the construction of nuclear facilities abroad. The author believes that there may well be a legal basis under customary international law justifying the application of national environmental law to the construction of nuclear facilities and the performance of work on nuclear facilities in foreign countries, but there would appear to be none permitting the enforcement of these laws in the absence of an agreement with the foreign country. (N.C.)

Terminological and Definitional Problems of Deficit and Debt in the Polish and EU Law of Public Finance

Directory of Open Access Journals (Sweden)

Ewa Lotko

2016-06-01

Full Text Available In the Polish and the EU public finances law there are serious terminological difficulties concerning the deficit and the debt. They arise first from the terminological chaos in this field and second from the parallel application of the EU and the Polish methodology of calculating of deficit and debt. Thus, the paper aims to explain the terminological and definitional problems of deficit and debt in the public finances law using unobtrusive research consisting of the detailed analysis of the Polish and EU legislation. Although there is no doubt that it would be desirable to order the applied terms, in the current legal situation, it would be extremely difficult, as it would require the changes to the Constitution, laws, and modification of translations of UE acts. The solution to the problem, presenting additional advantages, could consist of full transition to the EU methodology by the renouncement from the Polish methodology.

Politics or law: what is more in the approaches of public expert monopoly?

Directory of Open Access Journals (Sweden)

Оксана Михайлівна Калужна

2018-03-01

It is concluded that the model of judicial expert support of legal proceedings in Ukraine, that is established by «judicial reform» (Law No. 2147-VIII in the wording that will come into force on March 18, 2018 is a milestone in its historical development, which certainly should be modified depending on its effectiveness and the demand of the society, public, professional and state institutions. So public forensic expert monopoly is not an ideal model of forensic expert support of justice because of corporate and political interests, corruption component, abuse of forensic experts etc. Therefore, it will undergo a review and transformation.

Public-law contracts as the basis for the creation, modification and termination of legal relationships, taking account of tax law

Directory of Open Access Journals (Sweden)

Jörg Pudelka

2017-12-01

Full Text Available According to German legislation, which complies with the legislation of a large number of European and post-Soviet countries, the administrative procedure can be concluded with two different results. In most of cases, administrative actions will be aimed at adopting an administrative act. This is a centralized form of public administration, with which direct rights are justified, modified or discontinued. So, for example, the abstract right to a constitutionally protected property guarantees that a person is allowed to build on the territory that belongs to him (so-called "freedom of construction" is made by a way of passing an administrative act, named a building permit. Only this building permit gives concrete right for the construction of a particular building (according to the submitted architectural documents. Thus, the law on construction can be applied only by issuing a building permit, as well as can be canceled by canceling the construction permit or changing its contents. The second form of administration that can be used to conclude an administrative procedure in accordance with Article 9 of the law is a public contract. In practice, this is much less common in comparison with an administrative act and is not indisputable in general as a tool of government action.

Summer Versus School-Year Alcohol Use Among Mandated College Students.

Science.gov (United States)

Miller, Mary Beth; Merrill, Jennifer E; Yurasek, Ali M; Mastroleo, Nadine R; Borsari, Brian

2016-01-01

Longitudinal research examining college students' alcohol use during the summer months, especially in at-risk individuals, is limited. The current study evaluated changes in mandated college students' alcohol use and related consequences over the summer. Participants (n = 305, 67% male) who had violated campus alcohol policy and were subsequently mandated to treatment completed follow-up assessments at 3, 6, and 9 months. For the majority of students, one of these follow-up assessments occurred over the summer. Hierarchical linear modeling was used to examine changes in alcohol use and related consequences during the school year and summer. Participants reported consuming significantly fewer drinks per occasion, reaching lower peak blood alcohol concentrations, and experiencing fewer alcohol-related consequences during the summer months. All outcomes were mediated by summer housing, indicating that summer influenced alcohol use indirectly through participants' tendency to live at home. Despite small but significant decreases in alcohol consumption and related consequences when living with a parent/guardian, mandated college students continue to exhibit risky drinking and consequences during the summer months. Given these findings, summer may be an appropriate time to implement prevention and intervention strategies with mandated and other at-risk populations.

The Impact and Dilemma of Unfunded Mandates Confronting Local Government South Africa: A Comparative Analysis

Directory of Open Access Journals (Sweden)

M. Basdeo

2012-09-01

Full Text Available Local government has emerged from a prolonged transition to face a second generation of challenges, namely unfunded mandates. Compliance with the current financial management system is a constant challenge for local government. To complicate matters local government is challenged by the dilemma of unfunded mandates which are an extreme manifestation of the phenomenon of governing from the centre. National government through various strategies imposes national mandates on provincial and local government at the expense of the latter. The incidence of unfunded mandate reflects a power hierarchy. Unfunded mandates are generally a significant indicator of the relative weakness of national government because it is often local government occupying constitutionally and politically the weakest position in the hierarchy that is burdened with new responsibilities. In decentralised and federal government systems, provincial/state and local governments object to unfunded mandates because they shrink their policy space, limit their expenditure choices and ultimately local government’s accountability to their electorates. Further, these systems of governance establish a hierarchy of authority that creates  notions of self-rule by national government. Unfunded mandates reflect systemic weaknesses of decentralised or federal allocation of powers and functions. Although there are principled objections, unfunded mandates remain constitutional. Given the wide incidence of unfunded mandates the critical question arises as to how in a decentralised system, one level of government can impose mandates with cost implications on another. How is it constitutionally justifiable?

Mizan Law Review: Submissions

African Journals Online (AJOL)

Author Guidelines. SUBMISSION GUIDELINES The following submissions are acceptable for publication upon approval by the Editorial Board. Publication of an ... and development of laws; Comments: Case comments that highlight and analyze issues, laws and their interpretation and application in case decisions or fact ...

In the Public Interest: Law, Government, and Media. Maryland Women's History Resource Packet--1986.

Science.gov (United States)

Maryland State Commission for Women, Baltimore.

Designed to be used for National Women's History Week (March 2-8), this 1986 Maryland women's history resource packet centers around Maryland women who have made significant volunteer and career contributions in the areas of government, law, and the public interest media. The packet begins with suggested student activity lists and activity sheets…

Mandated Preparation Program Redesign: Kentucky Case

Science.gov (United States)

Browne-Ferrigno, Tricia

2013-01-01

This case study presents a chronicle of events spanning a decade in Kentucky that led to state policy changes for principal preparation and details the response to those mandated changes by professors at the University of Kentucky. Professors' collaborative efforts resulted in a new teacher leadership program and redesigned principal certification…

Public Goods and Public Interests: Scholarly Communication and Government Documents in Research Libraries

Science.gov (United States)

Potvin, Sarah; Sare, Laura

2016-01-01

Federal mandates requiring that publicly funded research be made openly accessible recast scholarly information as public information and provide an impetus to join the efforts of scholarly communication and government information programs in United States research libraries. Most major research libraries are long-standing participants in the…

The private – public law divide

DEFF Research Database (Denmark)

Gyldenløve Jeppesen-de Boer, Christina; Kronborg, Annette; Svendsen, Idamarie Leth

2013-01-01

. The inconsistencies stemming from it are demonstrated and it is shown how they imply a legal design more preoccupied with traditional divisions of power and positions than with an interest in the reality of the people it is aimed at. In the article it is argued from within the best ingerest principle...... that the historical development neccessitates a re-thinking of the distinction between child welfare law and family law. It shows how the distinction is nationally and institutionally embedded. Further, that the distinction has only been superficially adressed by the CRC Committee....

[Public health, prevention and federalism: insights from the implementation of the federal law on health insurance].

Science.gov (United States)

Rüefli, Christian; Sager, Fritz

2004-01-01

In 1996, the new Swiss law on health care insurance (KVG) introduced the coverage of certain preventive measures. This provided an opportunity to include research-based public health issues in federal health policy. The present article examines the problems with which the realization of those goals in a Federalist health care system with strong cantonal autonomy as it is found in Switzerland was confronted. Comparative qualitative case studies design (vaccination of school age children and screening-mammography). Switzerland's federalist health care system strongly hinders the realisation of the Confederation's public health goals. Prevention falls into the cantons' autonomy and the federal KVG (Krankenversicherungsgesetz; Health insurance law) only regulates the coverage of the services provided, but does not contain any instruments to assure implementation in consistency with the policy goals. Under those circumstances, conflicts of interest between the implementing actors, varying cantonal preferences, and scarce resources block the implementation of public health goals. The results imply stronger leadership of the Confederation in prevention policy and an improved consideration of implementation aspects in approving new measures to obligatory insurance coverage.

43 CFR 422.3 - Reclamation law enforcement policy.

Science.gov (United States)

2010-10-01

... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Reclamation law enforcement policy. 422.3 Section 422.3 Public Lands: Interior Regulations Relating to Public Lands BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR LAW ENFORCEMENT AUTHORITY AT BUREAU OF RECLAMATION PROJECTS § 422.3 Reclamation law enforcement policy. The law enforcement...

Transitory provisions on public gas distribution in the light of the Marzano law

International Nuclear Information System (INIS)

Vedaschi, Arianna

2005-01-01

The article begins by describing community law on public gas distribution service, then it examines legislative decree 164/2000( also called Letta Decree), which implements directive no. 98/30/CE. This directive reforms the gas sector and in particular it reforms the way gas is distributed. Art. 14 of the Letta Decree states that the distribution of natural gas shall be a public service, contractors shall be selected through a public tender and contracts shall be stipulate for a maximum of 12 years. Thus it is evident that the new model is radically different from the previous one. Before, the service was provided by the local authorities (either directly or through a long-term lease); now the new model aims at liberalizing the market by out sourcing gas distribution. Out sourcing is carried out through a public tender and for short periods of time. In order to allow a gradual transition from the old model to the new one, the Letta Decree provides for a transitory period articulated in various phases. This has the aim of guaranteeing a balance between the interest of local authorities, on one hand and the firms that distributed gas before the reform came into effect, on the other. The first part of the article focuses on interpretative problems that arose after law no. 239/2004 (so called Marzano law) was passed. In the second half it compares the different judicial interpretations concerning: a) duration of the transitory period; b) possibility of increasing duration as provided for by art. 15, par.7 of legislative decree 164/2000; c) efficacy of the abrogation of art. 15, par.8 of legislative decree 164/2000 and finally d) whether advanced redemption of the gas distribution service is still possible. With regards to the transitory period, the article compares judgement no. 111/2005 by the Administrative Tribunal of Lombardia, with judgement no. 6187/2005 delivered by the Sixth Section of the State Council. It then argues that the prohibition of concentration has

The familiar strangeness of ancient names and the Law of the public use of Slovene

Directory of Open Access Journals (Sweden)

Maja Sunčič

2004-12-01

Full Text Available The paper discusses the alien or familiar quality of ancient names in the naming of Slovene enterprises in view of the Law of the Public Use of Slovene (LPUS and a detailed study by Alenka Gložančev. While the law tries to banish all non-Slovene elements from public use with a special focus on the naming of enterprises, it surprisingly overlooks the issue of ancient names in public use, focusing primarily on English ones. Gložančev rightly points out that foreign names represent the key issue for the language-conscious public, whereas other, more important language questions are largely ignored. The LPUS and the study by Gložančev focus on English words and names, which are considered to be highly undesirable despite globalisation and Slovenia's accession to the European Union in May 2004. The use of ancient names, which are by definition foreign, in the naming of enterprises and venues proves to be a much more difficult issue, since ancient names are often dissociated from the context or signify nothing familiar to the consumer. Can it be expected that, in the name of defending the Slovene language and cultural heritage, the restrictions enforced by the LPUS on the use of foreign names will contribute to the disappearance of antiquity from contemporary everyday life?

Supporting the advancement of science: Open access publishing and the role of mandates

Directory of Open Access Journals (Sweden)

Phelps Lisa

2012-01-01

Full Text Available Abstract In December 2011 the United States House of Representatives introduced a new bill, the Research Works Act (H.R.3699, which if passed could threaten the public's access to US government funded research. In a digital age when professional and lay parties alike look more and more to the online environment to keep up to date with developments in their fields, does this bill serve the best interests of the community? Those in support of the Research Works Act argue that government open access mandates undermine peer-review and take intellectual property from publishers without compensation, however journals like Journal of Translational Medicine show that this is not the case. Journal of Translational Medicine in affiliation with the Society for Immunotherapy of Cancer demonstrates how private and public organisations can work together for the advancement of science.

The Integration of Virtual Public-Private Partnerships into Local Law Enforcement to Achieve Enhanced Intelligence-Led Policing

National Research Council Canada - National Science Library

Simeone, Jr, Matthew J

2007-01-01

.... Virtual public-private partnerships (VP3s) offer local law enforcement agencies an effective and efficient way to leverage a vast and resourceful private sector for the purpose of enhancing ILP...

78 FR 77200 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel AFFAIR; Invitation for Public...

Science.gov (United States)

2013-12-20

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2013-0151] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel AFFAIR; Invitation for Public Comments AGENCY: Maritime... AFFAIR is: Intended Commercial Use of Vessel: ``Charter Fishing (sport) & sightseeing tours.'' Geographic...

Deregulation and regulation by the national and European antitrust laws. The development and amendment of antitrust laws and their effects on the public utilities. Papers

International Nuclear Information System (INIS)

Baur, J.F.

1994-01-01

The papers presented at the meeting discuss the following subjects: The public utilities and their scope of exemptions from provisions of the antitrust laws as established by court rulings; reimbursement for electricity supplied to the grid and the phasing out of franchise agreements; the competition policy of the Federal Cartel Office towards the public utilities; legal and economic implications of the competition policy adopted by the Federal Cartel Office for the structures of the public sector of the power supply industry; ensuring safe and priceworthy power supply in Europe. The five papers can be separately retrieved from the database. (HSCH) [de

Recomendaciones para una futura Ley de Salud Pública en España Suggestions for the upcoming public health law in Spain

Directory of Open Access Journals (Sweden)

Rosa Urbanos

2010-01-01

Full Text Available La nueva ley estatal de salud pública ha de sustanciar la reforma de la salud pública. El texto legal debería abrir paso a la modernización y a la adaptación de las estructuras de salud pública a las nuevas necesidades. Se precisa un concepto más amplio de salud pública y una redefinición de sus funciones y servicios básicos. La creación de una Agencia Española de Salud Pública y de un Consejo de Salud Pública, la elaboración de una Estrategia Española de Salud Pública y la reforma de la formación de los profesionales, son algunas de las principales recomendaciones para la futura ley.The upcoming public health law must serve as the basis for public health reform. The text of the law should allow public health structures to be modernized and adapted to the country's new needs. A broader concept of public health and a redefinition of its functions and basic services are required. Some of the main suggestions for the upcoming law are the establishment of a Spanish Agency for Public Health and a Public Health Council, the design of a Spanish Strategy of Public Health, and reform of professional training.

Contradictions of labor law during elections

Directory of Open Access Journals (Sweden)

Jorge Márquez

2015-10-01

Full Text Available Our article is part of a research to understand Uruguayan labour law through an analysis of the contradictions that arise between the rights and obligations derived from public law rules in the current stage where labour law is dispersed within the voluminous set of rules that conforms Uruguayan law. Our argument focuses particularly on the topic of the working hours that officers and public notaries invest whenever citizenship is convened to vote in the electoral polls, the most important act in a democracy. We hope this publication may arise a debate that contributes to the construction of new rules helping in the creation of a better labour law.

41 CFR 102-80.90 - Is the Fire Administration Authorization Act of 1992 (Public Law 102-522) relevant to fire...

Science.gov (United States)

2010-07-01

... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false Is the Fire Administration Authorization Act of 1992 (Public Law 102-522) relevant to fire protection engineering? 102-80.90 Section 102-80.90 Public Contracts and Property Management Federal Property Management Regulations System...

The growing interrelationship between nuclear law and environmental law

International Nuclear Information System (INIS)

Bourdon, Pierre

2015-01-01

With the recent United Nations Climate Change Conference (COP21) in Paris, a great deal of attention is being given to low-carbon energy technologies and policies that could help the world limit the global temperature increase to 2 deg. Celsius. Among these technologies, nuclear energy, which remains the largest source of low-carbon electricity in OECD countries and the second largest source of electricity at the global level after hydropower, can play a key role. The 2011 Fukushima Daiichi accident heightened public concern over the safety of nuclear energy in many countries. Because of the potentially far-reaching consequences of the use of nuclear energy on the environment in the case of an accident, it is commonly thought that nuclear law and environmental law are not entirely compatible or do not necessarily share the same objectives. Nuclear law may be defined as 'the body of special legal norms created to regulate the conduct of legal or natural persons engaged in activities related to fissionable materials, ionizing radiation and exposure to natural sources of radiation', while environmental law can be defined as 'the body of law that contains elements to control the human impact on the Earth and on public health'. These two areas of law were considered independently in the past, since the initial focus of nuclear law, which was developed before environmental law, was to protect people and property, without explicitly referring to the environment. However, the 1986 Chernobyl accident and increasing environmental concerns during that same decade led to a growing emphasis on environmental protection in the field of nuclear activities. On the one hand, nuclear law, as 'lex specialis', aims to ensure that nuclear activities are carried out in a manner that is safe for both the public and the environment. On the other hand, the expansion of the realm of environmental law has given rise to the application of environmentally focused

Constitutional Law and International Law at the Turn of the Century ...

African Journals Online (AJOL)

Administrator

Prof Dr Jochen Abr. Frowein, Director of the Max-Planck-Institute for Comparative Public. Law and ... To consider how Constitutional Law or International Law were understood in 1900 means to notice the immense .... In the relationship between the political organs of a state the role of the Constitutional Court should be seen ...

Expropriation law in France

OpenAIRE

Melot, Romain

2015-01-01

In this publication, the editors present the first comparative overview of expropriation law in Europe covering 15 different jurisdictions. For many of the countries represented, this publication is the first English-language description of their national expropriation law. This survey provides a lot of information for all practitioners in the field of expropriation of land.

Development of the environmental data management system

International Nuclear Information System (INIS)

Tatebe, Kazuaki; Suzuki, Yurina; Shirato, Seiichi; Sato, Yoshinori

2012-02-01

The recent society requires business activities with environmental consideration to every enterprise. Also, Japanese laws require those activities. For example, 'Law Concerning the Promotion of Business Activities with Environmental Consideration by Specified Corporations, etc, by Facilitating Access to Environmental Information, and Other Measures' (Environmental Consideration Law) mandates publication of a report relating to the activities of environmental consideration to each enterprise above designated size. 'Act on the Rational Use of Energy' mandates the report of the results of energy consumption and the long-term plan of the rational use of energy. Moreover, 'Act on Promotion of Global Warming Countermeasures' mandates the report of the greenhouse gas emissions. In addition to those, 'Water Pollution Control Law', 'Waste Management and Public Cleaning Law' and other environmental laws as well as environmental ordinances require business activities with environmental consideration to all companies. So, it is very important for Japan Atomic Energy Agency (JAEA) to report business activities with environmental consideration in order to build up trustful relations with the nation and communities. The Environmental Data Management System has been developed as the data base of business activities with environmental consideration in JAEA and as the means to promote the activities at every site and office of JAEA. This report summarizes the structure of the Environmental Data Management System, kinds of environmental performance data treated by the system, and gathering methods of the data. (author)

Nanotechnology in global medicine and human biosecurity: private interests, policy dilemmas, and the calibration of public health law.

Science.gov (United States)

Faunce, Thomas A

2007-01-01

This paper considers how best to approach dilemmas posed to global health and biosecurity policy by increasing advances in practical applications of nanotechnology. The type of nano-technology policy dilemmas discussed include: (1) expenditure of public funds, (2) public-funded research priorities, (3) public confidence in government and science and, finally, (4) public safety. The article examines the value in this context of a legal obligation that the development of relevant public health law be calibrated against less corporate-influenced norms issuing from bioethics and international human rights.

The Protection of Consumer’s Rights and the Application of Criminal Law in the Unlawful Operation of Services and Content Service Application

Directory of Open Access Journals (Sweden)

Edmon Makarim

2012-05-01

Full Text Available Media reports on cases of the theft of pre-paid pulses taking place nowadays have created a misunderstanding in terms of the appropriate application of criminal law. In the context of existing legal provisions concerning consumer protection as set forth both under the Consumer Protection Law as well as in part under the Telecommunications Law, law enforcement agencies are leaning towards applying general criminal provisions (theft which, after a careful observation of the Indonesian Criminal Code, in fact do not extend to corporate criminal acts. This paper purports to explain that the currently occurring cases of the theft of pre-paid pulses should be adequately dealt with by imposing administrative sanctions by the governing and supervisory agencies, both under the Telecommunications Law as well as the Consumer Protection Law. It is proposed that it would be more effective to apply the Consumer Protection Law in such cases, as it contains provisions concerning the threat of alternative criminal punishment in the form of confinement or fines, along with additional sanctions in the form of an order to pay compensation for damages to consumers accompanied by the seizure and the halting of the application system in use by the Operator and/or CP concerned. It is proposed that in administering a proper telecommunications system to the public, the application of the Consumer Protection Law is likely to be less counterproductive as opposed to the application of general criminal provisions, considering that the latter are contradictory to the principles of legal certainty and partnership mandated under the Telecommunications Law itself.

78 FR 13752 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SPIRIT; Invitation for Public...

Science.gov (United States)

2013-02-28

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD-2013 0013] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SPIRIT; Invitation for Public Comments AGENCY: Maritime... . SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel SPIRIT is: Intended...

77 FR 22631 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SPIRIT; Invitation for Public...

Science.gov (United States)

2012-04-16

... DEPARTMENT OF TRANSPORTATION Maritime Administration [Docket No. MARAD 2012 0049] Requested Administrative Waiver of the Coastwise Trade Laws: Vessel SPIRIT; Invitation for Public Comments AGENCY: Maritime... . SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel SPIRIT is: Intended...

lawstat: An R Package for Law, Public Policy and Biostatistics

Directory of Open Access Journals (Sweden)

Wallace Hui

2008-01-01

Full Text Available We present a new R software package lawstat that contains statistical tests and procedures that are utilized in various litigations on securities law, antitrust law, equal employment and discrimination as well as in public policy and biostatistics. Along with the well known tests such as the Bartels test, runs test, tests of homogeneity of several sample proportions, the Brunner-Munzel tests, the Lorenz curve, the Cochran-Mantel-Haenszel test and others, the package contains new distribution-free robust tests for symmetry, robust tests for normality that are more sensitive to heavy-tailed departures, measures of relative variability, Levene-type tests against trends in variances etc. All implemented tests and methods are illustrated by simulations and real-life examples from legal cases, economics and biostatistics. Although the package is called lawstat, it presents implementation and discussion of statistical procedures and tests that are also employed in a variety of other applications, e.g., biostatistics, environmental studies, social sciences and others, in other words, all applications utilizing statistical data analysis. Hence, name of the package should not be considered as a restriction to legal statistics. The package will be useful to applied statisticians and "quantitatively alert practitioners" of other subjects as well as an asset in teaching statistical courses.

Substance use, symptom, and employment outcomes of persons with a workplace mandate for chemical dependency treatment.

Science.gov (United States)

Weisner, Constance; Lu, Yun; Hinman, Agatha; Monahan, John; Bonnie, Richard J; Moore, Charles D; Chi, Felicia W; Appelbaum, Paul S

2009-05-01

This study examined the role of workplace mandates to chemical dependency treatment in treatment adherence, alcohol and drug abstinence, severity of employment problems, and severity of psychiatric problems. The sample included 448 employed members of a private, nonprofit U.S. managed care health plan who entered chemical dependency treatment with a workplace mandate (N=75) or without one (N=373); 405 of these individuals were followed up at one year (N=70 and N=335, respectively), and 362 participated in a five-year follow up (N=60 and N=302, respectively). Propensity scores predicting receipt of a workplace mandate were calculated. Logistic regression and ordinary least-squares regression were used to predict length of stay in chemical dependency treatment, alcohol and drug abstinence, and psychiatric and employment problem severity at one and five years. Overall, participants with a workplace mandate had one- and five-year outcomes similar to those without such a mandate. Having a workplace mandate also predicted longer treatment stays and improvement in employment problems. When other factors related to outcomes were controlled for, having a workplace mandate predicted abstinence at one year, with length of stay as a mediating variable. Workplace mandates can be an effective mechanism for improving work performance and other outcomes. Study participants who had a workplace mandate were more likely than those who did not have a workplace mandate to be abstinent at follow-up, and they did as well in treatment, both short and long term. Pressure from the workplace likely gets people to treatment earlier and provides incentives for treatment adherence.

French law on Muslim veil wearing in public schools

Directory of Open Access Journals (Sweden)

Božić Marko

2012-01-01

Full Text Available Combining normative analysis of a legal text with a study of a wider social and historical context, this paper tries to prove that the French Law of 15th March 2004, which forbids displaying of religious symbols, and most of all, the Muslim veil in public schools, does not represent a continuation, but a break up with a liberal-democratic tradition of protection of religious rights of the Fifth Republic. The aforementioned legislation radically changes the idea of profane, which is, religiously neutral country, as there is a value itself that is being created out of laicité - an instrumental principle of protection of the freedom of religion, whose protection requires a limitation of the religious freedom. In order to understand the motives of the French legislator, it is necessary to accompany the normative analysis of laws with an observation of a wider social context in which the mentioned problem occurs. Therefore, this paper takes into account the need for a multidisciplinary approach, that is, the need to consider both the historical perspective and the social analysis of the context of the legal prohibition. We are of belief that from a methodological aspect this paper represents a contribution to those positions in legal science which insist on the necessity of studying a wider social background of normative solutions as a prerequisite for a successful analysis of a legal text.

Issues Associated with the Conveyance and Transfer of DOE Lands under Public Law 105-119

International Nuclear Information System (INIS)

Ladino, A.G.

1999-01-01

Public Law 105-119 (Law) was enacted in November 1997 as part of the Defense Authorization Act of 1998 (Act). The Law specifically requires the US Department of Energy (DOE) to identify lands that are suitable for conveyance or transfer at Los Alamos National Laboratory (LANL) within 90 days after enactment of the Act. In general, suitable lands include those parcels that are not required to meet the national security missions assigned to DOE at LANL within a ten year period beginning on the date of enactment of the Act. Additional suitability criteria are addressed below and include the need to establish clear title to the land and to restore areas contaminated with hazardous wastes. This proposed change in future land ownership is intended to serve as the final settlement of DOE community assistance obligations with respect to LANL and Los Alamos County and to stimulate economic development

Benchmarking and Learning in Public Healthcare

DEFF Research Database (Denmark)

Buckmaster, Natalie; Mouritsen, Jan

2017-01-01

This research investigates the effects of learning-oriented benchmarking in public healthcare settings. Benchmarking is a widely adopted yet little explored accounting practice that is part of the paradigm of New Public Management. Extant studies are directed towards mandated coercive benchmarking...

Adoption and implementation of mandated diabetes registries by community health centers.

Science.gov (United States)

Helfrich, Christian D; Savitz, Lucy A; Swiger, Kathleen D; Weiner, Bryan J

2007-07-01

Innovations adopted by healthcare organizations are often externally mandated. However, few studies examine how mandated innovations progress from adoption to sustained effective use. This study uses Rogers's model of organizational innovation to explore community health centers' (CHCs') mandated adoption and implementation of disease registries in the federal Health Disparities Collaborative (HDC). Case studies were conducted on six CHCs in North Carolina participating in the HDC on type 2 diabetes mellitus. Data were collected from semistructured interviews with key staff, and from site-level and individual-level surveys. Although disease registry adoption and implementation were mandated, CHCs exercised prerogative in the timing of registry adoption and the functions emphasized. Executive and medical director involvement, often directly on the HDC teams, was the single most salient influence on adoption and implementation. Staff members' personal experience with diabetes also provided context and gave registries added significance. Participants lauded HDC's technique of small-scale, rapid-cycle change, but valued even more shared problem solving and peer learning among HDC teams. However, lack of cross-training, inadequate resources, and staff turnover posed serious threats to sustainability of the registries. The present study illustrates the usefulness of Rogers's model for studying mandated innovation and highlights several key factors, including direct, personal involvement of organizational leadership, and shared problem solving and peer learning facilitated by the HDC. However, these six CHCs elected to participate early in the HDC, and may not be typical of North Carolina's remaining CHCs. Furthermore, most face important long-term challenges that threaten routinization.

African American and Latino Enrollment Trends among Medicine, Law, Business, and Public Affairs Graduate Programs

Science.gov (United States)

de la Garza, Rodolfo; Moghadam, Sepehr Hejazi

2008-01-01

The purpose of this Tomas Rivera Policy Institute (TRPI) report is twofold: to provide an analysis of the enrollment trends for African American and Latino students among graduate professional programs in the fields of medicine, business, law, and public affairs, and to present other relevant data pertaining to African American and Latino students…

Unjust enrichment in business law

OpenAIRE

Vydrová, Zuzana

2016-01-01

This thesis analyses the concept of unjust enrichment under the business law. First of all the thesis explains the term of business law. Business law is a complex of legal rules concerning the contractual relationships between entrepreneurs arising from their business activities. Business law is a comprehensive field of law which extends into many other fields of law, both private and public law. Equally the regulation of unjust enrichment within the business law expands into many other laws ...

The impact of high-stakes, state-mandated student performance assessment on 10th grade English, mathematics, and science teachers' instructional practices

Science.gov (United States)

Vogler, Kenneth E.

The purpose of this study was to determine if the public release of student results on high-stakes, state-mandated performance assessments influence instructional practices, and if so in what manner. The research focused on changes in teachers' instructional practices and factors that may have influenced such changes since the public release of high-stakes, state-mandated student performance assessment scores. The data for this study were obtained from a 54-question survey instrument given to a stratified random sample of teachers teaching at least one section of 10th grade English, mathematics, or science in an academic public high school within Massachusetts. Two hundred and fifty-seven (257) teachers, or 62% of the total sample, completed the survey instrument. An analysis of the data found that teachers are making changes in their instructional practices. The data show notable increases in the use of open-response questions, creative/critical thinking questions, problem-solving activities, use of rubrics or scoring guides, writing assignments, and inquiry/investigation. Teachers also have decreased the use of multiple-choice and true-false questions, textbook-based assignments, and lecturing. Also, the data show that teachers felt that changes made in their instructional practices were most influenced by an "interest in helping my students attain MCAS assessment scores that will allow them to graduate high school" and by an "interest in helping my school improve student (MCAS) assessment scores," Finally, mathematics teachers and teachers with 13--19 years of experience report making significantly more changes than did others. It may be interpreted from the data that the use of state-mandated student performance assessments and the high-stakes attached to this type of testing program contributed to changes in teachers' instructional practices. The changes in teachers' instructional practices have included increases in the use of instructional practices deemed

Substance Use, Symptom, and Employment Outcomes of Persons With a Workplace Mandate for Chemical Dependency Treatment

Science.gov (United States)

Weisner, Constance; Lu, Yun; Hinman, Agatha; Monahan, John; Bonnie, Richard J.; Moore, Charles D.; Chi, Felicia W.; Appelbaum, Paul S.

2010-01-01

Objective This study examined the role of workplace mandates to chemical dependency treatment in treatment adherence, alcohol and drug abstinence, severity of employment problems, and severity of psychiatric problems. Methods The sample included 448 employed members of a private, nonprofit U.S. managed care health plan who entered chemical dependency treatment with a workplace mandate (N=75) or without one (N=373); 405 of these individuals were followed up at one year (N=70 and N=335, respectively), and 362 participated in a five-year follow up (N=60 and N=302, respectively). Propensity scores predicting receipt of a workplace mandate were calculated. Logistic regression and ordinary least-squares regression were used to predict length of stay in chemical dependency treatment, alcohol and drug abstinence, and psychiatric and employment problem severity at one and five years. Results Overall, participants with a workplace mandate had one- and five-year outcomes similar to those without such a mandate. Having a workplace mandate also predicted longer treatment stays and improvement in employment problems. When other factors related to outcomes were controlled for, having a workplace mandate predicted abstinence at one year, with length of stay as a mediating variable. Conclusions Workplace mandates can be an effective mechanism for improving work performance and other outcomes. Study participants who had a workplace mandate were more likely than those who did not have a workplace mandate to be abstinent at follow-up, and they did as well in treatment, both short and long term. Pressure from the workplace likely gets people to treatment earlier and provides incentives for treatment adherence. PMID:19411353

Considerations regarding the unconstitutionality of articles 55¹ and 99¹ of the law on local public administration

Directory of Open Access Journals (Sweden)

Mihai Cristian Apostolache

2017-06-01

Full Text Available Since its entry into force and to date, Law no. 215/2001 on local public administration has undergone many amendments and completions. One of the questionable additions to this act is done by GEO (OUG no. 41/2015, a regulation which brought two new articles to the body of the framework-law on local public administration, i.e. Article 55¹ and Article 99¹. These two articles regulate a unique way of establishing the local or county council, namely by reconstituting these autonomous collegial bodies. This article examines the legislative intervention made by GEO no. 41/2015 and highlights the unconstitutionality aspects of this legislative intervention, recommending the legislature to urgently repeal the regulations governing the reconstitution of the local and county councils.

Cluster munitions: public health and international humanitarian law perspectives.

Science.gov (United States)

Freckelton, Ian

2008-02-01

As a result of civilian deaths in Vietnam, Cambodia, Laos, Chechnya, Kosovo, Afghanistan, Iraq and Lebanon, cluster munitions have been recognised to pose a grave threat to civilian populations because of their limited precision and problematically high rate of initial failure to explode. Efforts are intensifying to ban cluster munitions and to mandate those who have discharged them to defuse them effectively so as to reduce the risks to civilians. This editorial reviews these efforts and identifies a need for them to be actively supported by both the legal and medical communities.

Multinational Subsidiary Knowledge Protection - Do Mandates and Clusters Matter?

DEFF Research Database (Denmark)

Sofka, Wolfgang; Shehu, Edlira; de Faria, Pedro

2014-01-01

knowledge protection intensity. In addition, technological cluster regions in the host country can be expected to provide opportunities for knowledge sourcing and MNC subsidiaries may be willing to protect knowledge less intensively to participate in cluster networks. We test our hypotheses using a dataset...... of knowledge protection intensity of MNC subsidiaries. We argue that knowledge protection intensity is determined by MNC subsidiary mandates and by opportunities and risks originating from the host region. We hypothesize that not just competence-creating but also competence-exploiting mandates increase...... of 694 observations of 631 MNC subsidiaries in Germany and develop recommendations for research, managers and policy makers....

Smoke-free laws and direct democracy initiatives on smoking bans in Germany: a systematic review and quantitative assessment.

Science.gov (United States)

Kohler, Stefan; Minkner, Philipp

2014-01-03

Germany's 16 states regulate smoking differently within health protection principles laid down in the federal law. All state smoke-free laws in Germany have undergone at least one change since taking effect. We systematically review federal and state laws regulating smoking, as well as petitions, popular initiatives and referenda that aimed at changing statutory smoking bans. Data generated through the systematic review were correlated with state smoking rates. The protection from the dangers of secondhand smoke is the primary motive for smoking bans in Germany. The first smoke-free laws affecting smoking in pubs, restaurants and several other public places were introduced in 2007. In 2008, the Federal Constitutional Court of Germany ruled in a leading decision on the smoke-free laws of two states that some common smoking ban exemptions of the introduced smoke-free laws violate the basic right to freely exercise a profession and mandated revisions. All states but Bavaria and Saarland, whose smoking bans were more and less comprehensive than those judged by the constitutional court, respectively, needed to change the smoking ban exemptions to reconcile their smoke-free laws with the constitution. Direct democracy initiatives to change smoking bans were only successful in Bavaria in 2010, but a total of 15 initiatives by citizens' or interest groups attempted to influence non-smokers protection legislation through direct democratic procedures. Early ratification of a smoking ban in a federal state correlates with a higher reduction in the smoking rate from 2005 to 2009 (Spearman's ρ = 0.51, p = 0.04). The federal government structure and direct democratic participation in smoke-free legislation in Germany has produced a diversity of local smoking bans and exemptions.

Environmental law

International Nuclear Information System (INIS)

Kloepfer, M.

1989-01-01

This comprehensive reference book on environmental law and practice also is a valuable textbook for students specializing in the field. The entire law on pollution control and environmental protection is presented in an intelligent system, covering the latest developments in the Federal and Land legislation, public environmental law, and the related provisions in the fields of civil law and criminal law. The national survey is rounded up by information concerning the international environmental law, environmental law of the European Communities, and of other foreign countries as e.g. Austria and Switzerland. The author also reviews conditions in neighbouring fields such as technology and labour law, environmental economy, environmental policy. Special attention is given to current topics, as e.g. relating to genetic engineering, disused landfills or industrial sites, soil protection, transport of hazardous goods, liability for damage to forests, atomic energy law, and radiation protection law. The latest publishing dates of literature and court decisions considered in the book are in the first months of 1989. (RST) [de

75 FR 78151 - Supplemental Nutrition Assistance Program (SNAP): Clarifications and Corrections to Recipient...

Science.gov (United States)

2010-12-15

... fair hearings, fees, due dates, delinquent claims, retention, claim referrals, negligence and fraud... Unfunded Mandates Reform Act of 1995, Public Law 104-4 (UMRA), establishes requirements for Federal... Justice Reform. This rule is intended to have preemptive effect with respect to any State or local laws...

Private or Public Law Enforcement? The Case of Digital Piracy Policies with Non-monitored Illegal Behaviors

OpenAIRE

Éric Darmon; Thomas Le Texier

2014-01-01

In the case of digital piracy should rights be publicly or privately enforced? The emergence of large-scale anti-piracy laws and the existence of non-monitored illegal channels raise important issues for the design of digital anti-piracy policies. In this paper, we study the impact of these two enforcement settings (public vs. private) in the presence of an illegal non-monitored outside option for users. Taking account of market outcomes, we show that in both cases, the optimal strategies of ...

Law 302.

Science.gov (United States)

Manitoba Dept. of Education, Winnipeg.

This publication outlines a law course intended as part of a business education program in the secondary schools of Manitoba, Canada. The one credit course of study should be taught over a period of 110-120 hours of instruction. It provides students with an introduction to the principles, practices, and consequences of law with regard to torts,…

78 FR 70097 - Requested Administrative Waiver of the Coastwise Trade Laws: Vessel BEE; Invitation for Public...

Science.gov (United States)

2013-11-22

... Administrative Waiver of the Coastwise Trade Laws: Vessel BEE; Invitation for Public Comments AGENCY: Maritime... entered into this docket is available on the World Wide Web at http://www.regulations.gov . FOR FURTHER....gov . SUPPLEMENTARY INFORMATION: As described by the applicant the intended service of the vessel BEE...

45 CFR 164.412 - Law enforcement delay.

Science.gov (United States)

2010-10-01

... 45 Public Welfare 1 2010-10-01 2010-10-01 false Law enforcement delay. 164.412 Section 164.412 Public Welfare DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATIVE DATA STANDARDS AND RELATED... § 164.412 Law enforcement delay. If a law enforcement official states to a covered entity or business...

ROLE OF LAW IN CONSTRUCTION AND DEVELOPMENT OF SMALL SCALE INDUSTRIES THROUGH NORMATIVE PERSPECTIVE

Directory of Open Access Journals (Sweden)

Endang Sutrisno

2015-12-01

Full Text Available The presence of law has become an absolute prerequisite that must exist in the dynamics of civil society. It is to achieve justice, certainty, and expediency, so the works of it will not be separated from such a noble mission. On the other side, the law is likely inseparable from the fields of meta-juridical, including economics. The expectations of the interference of law into economy, makes the existence of justice for the business players can be realized through the enacted product legislation. Regulations concerning investments and partnerships have the intent to build self-reliance and empowerment for small industry players so as to compete in the era of economic globalization. Laws employed as the instrument of social change to strengthen the capitalization of small industry and business empowerment through the training and development of small industries, as normatively mandated by law.

Bikes, helmets, and public health: decision-making when goods collide.

Science.gov (United States)

Bateman-House, Alison

2014-06-01

How ought public officials address policy choices that entail trade-offs between desirable public health goods? Increasing cycling improves public health both by promoting physical activity and by decreasing vehicle use, thus reducing vehicular emissions. Proponents of bicycle helmets argue that, used properly, they protect individual cyclists; however, there is concern that mandating helmet use may result in a decrease in cycling. In 2012, New York City Mayor Michael Bloomberg opposed a bicycle helmet mandate, concerned that it would have a negative impact on the city's cycling rate, which he had sought to increase. The mayor did not explain his rationale, leaving constituents unsure why he opposed the proposal. This case study underscores the challenge of creating public policy in the context of competing public health goods.

78 FR 69172 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

Science.gov (United States)

2013-11-18

... International Law (ACPIL): Public Meeting on Electronic Commerce The Office of the Assistant Legal Adviser for... IV (electronic commerce), the UNCITRAL Secretariat has prepared draft provisions on electronic...://www.uncitral.org/uncitral/en/commission/working_groups/4Electronic_Commerce.html . This Working Paper...

8 CFR 245.13 - Adjustment of status of certain nationals of Nicaragua and Cuba under Public Law 105-100.

Science.gov (United States)

2010-01-01

... of Nicaragua and Cuba under Public Law 105-100. 245.13 Section 245.13 Aliens and Nationality... PERMANENT RESIDENCE § 245.13 Adjustment of status of certain nationals of Nicaragua and Cuba under Public... section 241(a)(5) of the Act, if the alien: (1) Is a national of Nicaragua or Cuba; (2) Except as provided...

Legal financial institutions in the Water Law Act

Directory of Open Access Journals (Sweden)

Andrzej Borodo

2015-12-01

Full Text Available Some fees and payments are connected with obligatory participation in the cost of public projects and public investment. In the framework of the Water Law Act there are diverse public payments and fees. In this law there is the drainage fee and the investment fee. There are also contributions and other payments to the water companies. In the regulations of the Water Law Act there are also legal financial solutions for sharing the public costs, the use of budget subsidies, fixing and allocation of public expenditure.

Mandates, buyouts and fuel-tax rebates: Some economic aspects of biofuel policies using the UK as an example

International Nuclear Information System (INIS)

Swinbank, Alan; Tranter, Richard; Jones, Philip

2011-01-01

Many governments mandate the blending of biofuels with fossil fuel supplies. The paper raises the possibility that some firms might choose not to respect such mandates, and cites the UK's experience, where a buyout of the obligation is possible. A simple economic framework is then used to explore some implications of mandate buyouts, including situations when buyouts and road-fuel-tax rebates are applied together. Finally, it discusses the design of buyout-mandate schemes that could release raw materials from biofuel production, following a future world food price shock. - Research Highlights: → Many governments mandate the blending of biofuels with fossil fuels. → Some allow firms to buyout the obligation. → Buyouts change the economic incentives firms face. → We use an economic framework to analyse buyouts of biofuel mandates. → Buyouts could alleviate the impact of biofuel mandates on rising food prices.

A Legal Analysis of Federal Disability Law as Related to Emerging Technology: Guidelines for Postsecondary Leadership, Policy, and Practice

Science.gov (United States)

Ford, Roderick Dwayne

2014-01-01

This dissertation identified and described the legal requirements imposed by federal disability mandates and case law related to emerging technology. Additionally, the researcher created a legal framework (guidelines) for higher education institutions to consider during policy development and implementation of emerging technology by providing an…

A constructive Indian country response to the evidence-based program mandate.

Science.gov (United States)

Walker, R Dale; Bigelow, Douglas A

2011-01-01

Over the last 20 years governmental mandates for preferentially funding evidence-based "model" practices and programs has become doctrine in some legislative bodies, federal agencies, and state agencies. It was assumed that what works in small sample, controlled settings would work in all community settings, substantially improving safety, effectiveness, and value-for-money. The evidence-based "model" programs mandate has imposed immutable "core components," fidelity testing, alien programming and program developers, loss of familiar programs, and resource capacity requirements upon tribes, while infringing upon their tribal sovereignty and consultation rights. Tribal response in one state (Oregon) went through three phases: shock and rejection; proposing an alternative approach using criteria of cultural appropriateness, aspiring to evaluability; and adopting logic modeling. The state heard and accepted the argument that the tribal way of knowing is different and valid. Currently, a state-authorized tribal logic model and a review panel process are used to approve tribal best practices for state funding. This constructive response to the evidence-based program mandate elevates tribal practices in the funding and regulatory world, facilitates continuing quality improvement and evaluation, while ensuring that practices and programs remain based on local community context and culture. This article provides details of a model that could well serve tribes facing evidence-based model program mandates throughout the country.

76 FR 77584 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

Science.gov (United States)

2011-12-13

... International Law (ACPIL): Public Meeting on Electronic Commerce The Department of State, Office of Legal... electronic transferable records. Working Group IV (international electronic commerce) of the United Nations... electronic transferable records. A report from that meeting, once it is published, should be available at...

Did the US Infertility Health Insurance Mandates Affect the Timing of First Birth?

NARCIS (Netherlands)

Ohinata, A.

2011-01-01

From 1977-2001, 15 US states mandated health insurance providers to offer coverage for infertility treatment. Although the majority of the past literature has studied impacts on older women who are likely to seek treatment, this paper proposes that the mandates may have had a wider impact on the US

The Impact of School Accountability Laws on Measures of Trust between Indiana Public School Superintendents and Teacher Union Leaders within the Forum of Mandatory Discussion

Science.gov (United States)

Downs, Philip G.

2012-01-01

This study examines the impact of the school accountability laws "No Child Left Behind" and Indiana's Public Law 221 on Superintendents' perception of their relationship with the Teachers' Union Leader in their mandatory discussion meetings. Both school accountability laws contain provisions for the Indiana's Department of Education to…

Smoke-Free Laws and Direct Democracy Initiatives on Smoking Bans in Germany: A Systematic Review and Quantitative Assessment

Directory of Open Access Journals (Sweden)

Stefan Kohler

2014-01-01

Full Text Available Background: Germany’s 16 states regulate smoking differently within health protection principles laid down in the federal law. All state smoke-free laws in Germany have undergone at least one change since taking effect. Methods: We systematically review federal and state laws regulating smoking, as well as petitions, popular initiatives and referenda that aimed at changing statutory smoking bans. Data generated through the systematic review were correlated with state smoking rates. Results: The protection from the dangers of secondhand smoke is the primary motive for smoking bans in Germany. The first smoke-free laws affecting smoking in pubs, restaurants and several other public places were introduced in 2007. In 2008, the Federal Constitutional Court of Germany ruled in a leading decision on the smoke-free laws of two states that some common smoking ban exemptions of the introduced smoke-free laws violate the basic right to freely exercise a profession and mandated revisions. All states but Bavaria and Saarland, whose smoking bans were more and less comprehensive than those judged by the constitutional court, respectively, needed to change the smoking ban exemptions to reconcile their smoke-free laws with the constitution. Direct democracy initiatives to change smoking bans were only successful in Bavaria in 2010, but a total of 15 initiatives by citizens’ or interest groups attempted to influence non-smokers protection legislation through direct democratic procedures. Early ratification of a smoking ban in a federal state correlates with a higher reduction in the smoking rate from 2005 to 2009 (Spearman’s ρ = 0.51, p = 0.04. Conclusions: The federal government structure and direct democratic participation in smoke-free legislation in Germany has produced a diversity of local smoking bans and exemptions.

The balancing of interests in environmental-law in the case of public interest in the use of renewable energies

International Nuclear Information System (INIS)

Unterpertinger, L.

2015-01-01

This study examines the conflict between the public interests in the use of renewable energy on the one hand and environmental protection on the other hand. Considering the current legal situation, the first part of the thesis elaborates on what theses concrete public interests are, and how they are regulated by law. Likewise, it shall be asked to what extent the legislator defines overriding public interests, and its impact on balance of interests. The second part focuses on balance of interests from an administrative law perspective. It overviews the current debates on whether balance of interests is meant to have discretion. In this context, the recent establishment of a two-level administrative jurisdiction has posed new questions. It is, therefore, necessary to conduct a profound analysis of the administrative control. With reference to the case law of the Administrative Court, it will also be shown that balance of interests is based on a proportional assessment. Moreover, with respect to the administrative procedures for hydropower projects, there is a relevant provision in the Austrian Water Act, which has specific characteristics, yet was interpreted inconsistently up to this point. Thus, this provision will be examined in detail. The relevant administrative body does not only use legal provisions, but also criteria documents which are internal administrative regulations. Those documents will be further discussed as well. (author) [de

Alcohol Interventions for Mandated College Students: A Meta-Analytic Review

Science.gov (United States)

Carey, Kate B.; Scott-Sheldon, Lori A. J.; Garey, Lorra; Elliott, Jennifer C.; Carey, Michael P.

2016-01-01

Objective When college students violate campus alcohol policies, they typically receive disciplinary sanctions that include alcohol education or counseling. This meta-analysis evaluated the efficacy of these “mandated interventions” to prevent future alcohol misuse. Methods Studies were included if they evaluated an individual- or group-level intervention, sampled students mandated to an alcohol program, used a pretest-posttest design, and assessed alcohol use as an outcome. Thirty-one studies with 68 separate interventions (N = 8,621 participants; 35% women; 85% White) were coded by independent raters with respect to sample, design, methodological features, and intervention content; the raters also calculated weighted mean effect sizes, using random-effects models. A priori predictors were examined to explain variability in effect sizes. Results In the five studies that used assessment-only control groups, mandated students reported significantly less drinking relative to controls (between-group contrasts), d+ ranged from 0.13-0.20 for quantity and intoxication outcomes. In the 31 studies that provided within-group contrasts, significant effects were observed for all outcomes in the short-term (i.e., ≤ 3 months post-intervention), with d+ ranging from 0.14-0.27; however, fewer significant effects appeared at longer follow-ups. Four commercially-available intervention protocols (i.e., BASICS, e-CHUG, Alcohol 101, and Alcohol Skills Training Program) were associated with risk reduction. Conclusions Providing mandated interventions to students who violate campus alcohol policies is an effective short-term risk reduction strategy. Continued research is needed to maintain initial gains, identify the most useful intervention components, and determine the cost-effectiveness of delivery modes. PMID:27100126

Multi-objective regulations on transportation fuels: Comparing renewable fuel mandates and emission standards

International Nuclear Information System (INIS)

Rajagopal, D.; Plevin, R.; Hochman, G.; Zilberman, D.

2015-01-01

We compare two types of fuel market regulations — a renewable fuel mandate and a fuel emission standard — that could be employed to simultaneously achieve multiple outcomes such as reduction in fuel prices, fuel imports and greenhouse gas (GHG) emissions. We compare these two types of regulations in a global context taking into account heterogeneity in carbon content of both fossil fuels and renewable fuels. We find that although neither the ethanol mandate nor the emission standard is certain to reduce emissions relative to a business-as-usual baseline, at any given level of biofuel consumption in the policy region, a mandate, relative to an emission standard, results in higher GHG emissions, smaller expenditure on fuel imports, lower price of ethanol-blended gasoline and higher domestic fuel market surplus. This result holds over a wide range of values of model parameters. We also discuss the implications of this result to a regulation such as the US Renewable Fuel Standard given recent developments within the US such as increase in shale and tight oil production and large increase in average vehicle fuel economy of the automotive fleet. - Highlights: • Biofuel mandates and fuel GHG emission standards are analyzed from a multiple criteria perspective • An emission-standard always results in lower global emissions while requiring less biofuel relative to a biofuel mandate • An emission-standard results in higher fuel price in the home region relative to a biofuel mandate • Emission standards lead to more shuffling of both fossil fuels and biofuels between home and abroad • The relative impact of the policies on fuel imports depends on the relative cost-effectiveness of domestic & imported biofuel • Recent developments oil production and fuel economy increase the net benefits of an LCFS approach relative to RFS

The effects of mandated health insurance benefits for autism on out-of-pocket costs and access to treatment.

Science.gov (United States)

Chatterji, Pinka; Decker, Sandra L; Markowitz, Sara

2015-01-01

As of 2014, 37 states have passed mandates requiring many private health insurance policies to cover diagnostic and treatment services for autism spectrum disorders (ASDs). We explore whether ASD mandates are associated with out-of-pocket costs, financial burden, and cost or insurance-related problems with access to treatment among privately insured children with special health care needs (CSHCNs). We use difference-in-difference and difference-in-difference-in-difference approaches, comparing pre--post mandate changes in outcomes among CSHCN who have ASD versus CSHCN other than ASD. Data come from the 2005 to 2006 and the 2009 to 2010 waves of the National Survey of CSHCN. Based on the model used, our findings show no statistically significant association between state ASD mandates and caregivers' reports about financial burden, access to care, and unmet need for services. However, we do find some evidence that ASD mandates may have beneficial effects in states in which greater percentages of privately insured individuals are subject to the mandates. We caution that we do not study the characteristics of ASD mandates in detail, and most ASD mandates have gone into effect very recently during our study period.

The rising tide of green unilateralism in world trade law. Options for reconciling the emerging north-south conflict

Energy Technology Data Exchange (ETDEWEB)

Biermann, F.

2000-12-01

This paper argues that to reconcile the objectives of free trade and environmental protection, limited reforms of international trade law are required. There is a need to guarantee, first, that universally accepted international environmental agreements that mandate trade-restrictions remain compatible with international trade law, in particular with the General Agreement on Tariffs and Trade. Second, it is necessary to ensure that the interests of small and vulnerable states are protected against environmental unilateralism of the major trading nations. This reform agenda could be realized, it is argued, through an authoritative interpretation of international trade law by the Ministerial Conference of the World Trade Organization (WTO). This interpretation should stipulate that environmentally-motivated trade restrictions which are related to processes and production methods, and which are intended to protect environmental goods outside the importing country, be compatible with WTO law, but only if mandated by international environmental agreements that have been previously accepted by the Ministerial Conference. This paper outlines the rationale for such authoritative interpretation and offers a possible legal draft. This clarification of the relationship between international environmental and international trade law would protect the sovereign right of smaller trading nations, particularly developing countries, to enact their own environmental standards as may be appropriate and feasible according to their specific situation. It would also maintain the supremacy of multilateralism in both international trade and environmental policies, as opposed to unilateral action. The principle of international co-operation and the rule of law would be strengthened, and attempts to use the international trade system for the enforcement of unilaterally decided environmental standards would be precluded. (orig.)

76 FR 56865 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

Science.gov (United States)

2011-09-14

... International Law (ACPIL): Public Meeting on Electronic Commerce The Department of State, Office of Legal... future work of Working Group IV (international electronic commerce) of the United Nations Commission on... electronic commerce. The report of the Forty-fourth session of UNCITRAL describes the future work of Group IV...

Latina Social Studies Teachers Negotiating Public Institutions

Science.gov (United States)

Rivas, Elizabeth D.

2017-01-01

This mixed methods study explores the institutionalized master narrative of public institutions and how the mandated policies enacted by public institutions impact Latina social studies teachers when delivering instruction to their students. A socio-transformative constructivist framework guides this study to affirm that knowledge is socially…

78 FR 44188 - Paperwork Reduction Act of 1995, as Amended by Public Law 104-13; Proposed Collection, Comment...

Science.gov (United States)

2013-07-23

... TENNESSEE VALLEY AUTHORITY Paperwork Reduction Act of 1995, as Amended by Public Law 104-13; Proposed Collection, Comment Request AGENCY: Tennessee Valley Authority. ACTION: Proposed Collection... preference. The information is used to make comparative appraisals and to assist in selections. The affected...

75 FR 27863 - Paperwork Reduction Act of 1995, as Amended by Public Law 104-13; Proposed Collection, Comment...

Science.gov (United States)

2010-05-18

... TENNESSEE VALLEY AUTHORITY Paperwork Reduction Act of 1995, as Amended by Public Law 104-13; Proposed Collection, Comment Request AGENCY: Tennessee Valley Authority. ACTION: Proposed collection... preference. The information is used to make comparative appraisals and to assist in selections. The affected...

7 CFR 1901.202 - Nondiscrimination in FmHA or its successor agency under Public Law 103-354 programs.

Science.gov (United States)

2010-01-01

... of Agriculture (Continued) RURAL HOUSING SERVICE, RURAL BUSINESS-COOPERATIVE SERVICE, RURAL UTILITIES... its successor agency under Public Law 103-354 employee will, while conducting official business...-354 State and County Offices. (g) Racial and ethnic data. Recipients should maintain, for review by Fm...

Mandated empowerment: handing antipoverty policy back to the poor?

Science.gov (United States)

Banerjee, Abhijit V; Duflo, Esther

2008-01-01

The current trend in antipoverty policy emphasizes mandated empowerment: the poor are being handed the responsibility for making things better for themselves, largely without being asked whether this is what they want. Beneficiary control is now being built into public service delivery, while microcredit and small business promotion are seen as better ways to help the poor. The clear presumption is that the poor are both able and happy to exercise these new powers. This essay uses two examples to raise questions about these strategies. The first example is about entrepreneurship among the poor. Using data from a number of countries, we argue that there is no evidence that the median poor entrepreneur is trying his best to expand his existing businesses, even if we take into account the many constraints he faces. While many poor people own businesses, this seems to be more a survival strategy than something they want to do. The second example comes from an evaluation of a program in India that aims to involve poor rural parents in improving local public schools. The data suggest that despite being informed that they now have both the right to intervene in the school and access to funds for that purpose, and despite being made aware of how little the children were learning, parents opt to not get involved. Both examples raise concerns about committing ourselves entirely to antipoverty strategies that rely on the poor doing a lot of the work.

Possibilities of sanction of the improper behaviour of a power network operator. Instruments of energy economy act, public order law, and criminal law; Sanktionsmoeglichkeiten bei missbraeuchlichem Verhalten eines Energienetzbetreibers. Energiewirtschaftsrechtliche, ordnungsrechtliche und strafrechtliche Instrumentarien

Energy Technology Data Exchange (ETDEWEB)

Mitto, L.

2007-07-01

The liberalization of the electric power market and gas market has released a comprehensive reorganisation of the energy branch. Under this aspect, the author of the book under consideration reports on power network operators, their improper behaviour as well as the use of the instruments of energy economy act, public order law, and criminal law in order to sanction power network operators.

Health Law 2015: Individuals and Populations.

Science.gov (United States)

Jacobson, Peter D; Dahlen, Rachel

2016-12-01

In this article, we assess two particular trends in judicial doctrine that are likely to emerge in the post-ACA era. The first trend is the inevitable emergence of enterprise medical liability (EML) that will supplant tort law's unstable attempt to apportion liability between physicians and institutions. Arguments favoring EML in health law date back to the early 1980s. But health care's ongoing consolidation suggests that the time has arrived for courts or state legislatures to develop legal doctrine that more closely resembles the ways in which health care is now delivered. This would result in a more appropriate allocation of liability to the institutional level. The second judicial trend will be the convergence of health law and public health law concepts. Because the ACA arguably stimulates closer engagement between health systems and public health departments, health systems will have greater responsibility for keeping their communities healthy along with obligations for individual patient care (i.e., individuals and populations). If so, courts will need to incorporate elements from health law and public health law in resolving disputes. Copyright © 2016 by Duke University Press.

22 CFR 231.16 - Governing law.

Science.gov (United States)

2010-04-01

... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Governing law. 231.16 Section 231.16 Foreign... EMERGENCY WARTIME SUPPLEMENTAL APPROPRIATIONS ACT OF 2003, PUBLIC LAW 108-11-STANDARD TERMS AND CONDITIONS § 231.16 Governing law. This Guarantee shall be governed by and construed in accordance with the laws of...

Assessing Early Implementation of State Autism Insurance Mandates

Science.gov (United States)

Baller, Julia Berlin; Barry, Colleen L.; Shea, Kathleen; Walker, Megan M.; Ouellette, Rachel; Mandell, David S.

2016-01-01

In the United States, health insurance coverage for autism spectrum disorder treatments has been historically limited. In response, as of 2015, 40 states and Washington, DC, have passed state autism insurance mandates requiring many health plans in the private insurance market to cover autism diagnostic and treatment services. This study examined…

45 CFR 98.3 - Effect on State law.

Science.gov (United States)

2010-10-01

... 45 Public Welfare 1 2010-10-01 2010-10-01 false Effect on State law. 98.3 Section 98.3 Public... Goals, Purposes and Definitions § 98.3 Effect on State law. (a) Nothing in the Act or this part shall be construed to supersede or modify any provision of a State constitution or State law that prohibits the...

Zadruga as a basis of certain institutes of public law according to Valtazar Bogišić

Directory of Open Access Journals (Sweden)

Kulauzov Maša

2011-01-01

Full Text Available The rules of customary law concerning the relation between the chieftain and council in so - called zadruga (extended family, common among South Slavs were examined in this paper. In that relation, in Branislav Nedeljković's opinion, Valtazar Bogišić finds similarities with the one between the government and national assembly in parliamentary monarchy. The customary law provisions regarding zadruga's chieftain, his qualities, manner of election and authorities, as well as the rules concerning zadruga's council were presented and critically analised. It is also pointed out how the principles of zadruga's life served Bogišić as a model for introduction of parliamentary regime in Serbia. On the occasion of passing the Constitution of the Principality of Serbia of 1869, Bogišić namely suggested that the State should, to some extent, be organized after the model of zadruga. His idea of application of a private law institute such as zadruga in sphere of public law has its logical explanation. As a follower of the Historic school of law, Bogišić believed that customs are the most direct expression of national spirit without which it is impossible to become truly acquainted with characteristics and particularities of a nation. Therefore, the constitution should mostly represent codification of customary law. Naturally, in course of drafting the constitution, other nations' experiences as well as achievements of contemporary science should be taken into consideration.

Dentistry and criminal law.

Science.gov (United States)

Khoury, B S; Khoury, J N

2017-09-01

Criminal law in dentistry, as shaped and moulded by the prevailing views of society, defines what is or is not socially acceptable. It applies in both personal and professional contexts with the intended consequence of protecting the public from unacceptable conduct and potential imbalances of power. At its centre, a patient's consent plays a pivotal role in transforming unlawful conduct into lawful conduct. This literature review considers the current law and the trend of utilizing criminal law in addition to non-criminal law alternatives of reprimanding clinicians for failure to achieve consent in the course of dental practice. Dentists must appreciate this change and the prosecuting authority's increasing willingness to resort to criminal law. © 2017 Australian Dental Association.

Public international law and civil law liability for compensation for damages by virtue of international environmental law

International Nuclear Information System (INIS)

Rest, A.

1982-01-01

The author analyses the current provisions in international law and international private law for their suitability to establish liability for damages due to transfrontier pollution, also taking into account damage occurred through the operation of nuclear power plants. As a result the author suggests that the national goverments should jointly set up standards and catalogues of environmentally detrimental effects and impacts, and of the seriousness thereof, and to make these form part of international conventions and agreements which also should unambigiously state liability for compensation for damages. For activities involving special hazards, liability for risks should be introduced in such a body of international regulations. (CB) [de

HSIP Law Enforcement Locations in New Mexico

Data.gov (United States)

Earth Data Analysis Center, University of New Mexico — Law Enforcement Locations Any location where sworn officers of a law enforcement agency are regularly based or stationed. Law Enforcement agencies "are publicly...

75 FR 57037 - Submission for OMB Review; Comment Request

Science.gov (United States)

2010-09-17

... DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Submission for... Public Law 106-71 (42 U.S.C. 5701 et seq.), mandates that the Department of Health and Human Services... to such youth by the project. Respondents: Public and private, community-based nonprofit, and faith...

Religion in the Constitution: A Delicate Balance. Clearinghouse Publication No. 80.

Science.gov (United States)

Commission on Civil Rights, Washington, DC.

This report addresses civil rights issues that derive from the First Amendment's guarantee of free exercise of religion and prohibition against the establishment of religion. The commission is acting under its legal mandate to study and collect information and to appraise the laws and policies of the federal government with respect to…

41 CFR 109-45.310 - Antitrust laws.

Science.gov (United States)

2010-07-01

... 41 Public Contracts and Property Management 3 2010-07-01 2010-07-01 false Antitrust laws. 109-45.310 Section 109-45.310 Public Contracts and Property Management Federal Property Management... Antitrust laws. DOE offices shall submit to the Deputy Assistant Secretary for Procurement and Assistance...

Support for laws to prohibit weight discrimination in the United States: public attitudes from 2011 to 2013.

Science.gov (United States)

Suh, Young; Puhl, Rebecca; Liu, Sai; Milici, Frances Fleming

2014-08-01

Public attitudes about three proposed laws prohibiting weight discrimination in the US, from 2011 to 2013 were examined. An online survey using a diverse national sample of US adults to assess their level of support for three specific laws against weight discrimination was conducted. Data collection occurred between June and July in 2011 (n = 1,098), 2012 (n = 1,202), and 2013 (n = 1,202). Between 2011 and 2013, support for laws prohibiting weight discrimination remained consistent, and in some cases became increasingly supportive, primarily in 2012-2013. At least 75% of participants consistently favored laws prohibiting weight discrimination in the workplace. Individuals became increasingly supportive of extending disability protections for individuals with obesity (62% in 2011 to 69% in 2013) and adding body weight as a protected class in Civil Rights statutes (70% in 2011 to 76% in 2013). Analyses highlight specific predictors of support (gender, race, education, and political affiliation). There is strong, consistent support for policies prohibiting weight discrimination. These findings have important implications for developing specific antidiscrimination legislation to protect Americans with obesity and improve their quality of life. Copyright © 2014 The Obesity Society.

How does petroleum price and corn yield volatility affect ethanol markets with and without an ethanol use mandate?

International Nuclear Information System (INIS)

Thompson, Wyatt; Meyer, Seth; Westhoff, Pat

2009-01-01

The recent increase in ethanol use in the US strengthens and changes the nature of links between agricultural and energy markets. Here, we explore the interaction of market volatility and the scope for policy to affect this interaction, with a focus on how corn yields and petroleum prices affect ethanol prices. Mandates associated with new US energy legislation may intervene in these links in the medium-term future. We simulate stochastically a structural model that represents these markets, and that includes mandates, in order to assess how shocks to corn or oil markets can affect ethanol price and use. We estimate that the mandate makes ethanol producer prices more sensitive to corn yields and less sensitive to changes in petroleum prices overall. We note a discontinuity in these links that is caused by the mandate. Ethanol use can exceed the mandate if petroleum prices and corn yields are high enough, but the mandate limits downside adjustments in ethanol use to low petroleum prices or corn yields

The Empty Fortress or the Poverty of Islamic Public Discourse: The Role of Law in Arab State Failure

DEFF Research Database (Denmark)

Afsah, Ebrahim

triad of Qur’an, sunna, and shari’a (read: fiqh). This body of norms is contrasted with the relatively shallow dogmatic effort to systematise public law under the dogmatic headings of ta’zir, siyasa shar’ia and siyar. This presentation argues that whatever the philosophical value of this century...

7 CFR 1980.495 - FmHA or its successor agency under Public Law 103-354 forms and guides.

Science.gov (United States)

2010-01-01

... for Drought and Disaster Relief” and Forms FmHA or its successor agency under Public Law 103-354 1980-68, “Lender's Agreement—Drought and Disaster Guaranteed Loans,” 1980-69, “Loan Note Guarantee—Drought... (Continued) RURAL HOUSING SERVICE, RURAL BUSINESS-COOPERATIVE SERVICE, RURAL UTILITIES SERVICE, AND FARM...

Let’s Think Twice before We Revise!
‘Égalité’ as the Foundation of Liability for Lawful Public Sector Acts

Directory of Open Access Journals (Sweden)

Esther Engelhard

2014-07-01

Full Text Available This contribution focuses on the égalité principle as the leading ground for liability after lawful acts by the State, local authorities and public authorities. Two Dutch legislative initiatives are dealt with in particular, that seek to codify, improve and expand égalité liability in administrative law, private law and criminal law. This will make the artificial égalité construction used in private law cases no longer necessary and legal reasoning more transparent. Further, the authors claim that Article 4:126 BW may open the possibility for new types of private law claims to be developed under this umbrella. However, their concerns are that the égalité principle is too vague to create the certainty and uniformity that the legislator aspires towards.

Estimating Nitrogen Load Resulting from Biofuel Mandates

Science.gov (United States)

Alshawaf, Mohammad; Douglas, Ellen; Ricciardi, Karen

2016-01-01

The Energy Policy Act of 2005 and the Energy Independence and Security Act (EISA) of 2007 were enacted to reduce the U.S. dependency on foreign oil by increasing the use of biofuels. The increased demand for biofuels from corn and soybeans could result in an increase of nitrogen flux if not managed properly. The objectives of this study are to estimate nitrogen flux from energy crop production and to identify the catchment areas with high nitrogen flux. The results show that biofuel production can result in an increase of nitrogen flux to the northern Gulf of Mexico from 270 to 1742 thousand metric tons. Using all cellulosic (hay) ethanol or biodiesel to meet the 2022 mandate is expected to reduce nitrogen flux; however, it requires approximately 25% more land when compared to other scenarios. Producing ethanol from switchgrass rather than hay results in three-times more nitrogen flux, but requires 43% less land. Using corn ethanol for 2022 mandates is expected to have double the nitrogen flux when compared to the EISA-specified 2022 scenario; however, it will require less land area. Shifting the U.S. energy supply from foreign oil to the Midwest cannot occur without economic and environmental impacts, which could potentially lead to more eutrophication and hypoxia. PMID:27171101

Project of law relative to the electricity and gas public utilities and to the power and gas companies; Projet de loi relatif au service public de l'electricite et du gaz et aux entreprises electriques et gazieres

Energy Technology Data Exchange (ETDEWEB)

NONE

2004-07-01

This document is the definitive text of this project of law adopted by the French house of commons. The aim of this law is to allow the administrations to avoid to use their eligibility right with the opening of the electricity and gas markets to competition. It changes the juridical status of the two public utilities Electricite de France (EdF) and Gaz de France (GdF) into two anonymous companies and creates two additional companies for the management of the power and gas networks. It ensures also the transposition of the European directives from June 26, 2003 (2003/54/CE and 2003/55/CE). It contains some proper dispositions and modifies various existing French laws, in particular the law no. 46-628 from April 8, 1946 about the electricity and gas nationalization and the law no. 2000-108 from February 10, 2000 relative to the modernization and development of the electric public utility. (J.S.)

Nuclear law and environmental law in the licensing of nuclear installations

International Nuclear Information System (INIS)

Raetzke, Christian

2013-01-01

Large nuclear installations can have a considerable impact on the environment, both in actual terms, due to the construction and operation of the plant and in potential terms, related to the risk of an accident. A considerable part of the multiple authorisation processes required to develop a large nuclear project is devoted to addressing the possible impact on the environment. Accordingly, environmental protection is not only warranted by requirements and processes arising out of what is generally considered 'environmental law', but also by laws governing the design, siting, construction and operation of nuclear installations. By ensuring prevention and control of radiation releases to the environment, the aspects of nuclear law governing the design, construction, operation and decommissioning of nuclear facilities pertain to the field of environmental protection just like other fields of environmental law. The perception of the public that nuclear energy is 'anti-environmental' and the generally antinuclear stance of environmental non-governmental organisations (NGOs) should not deflect attention from the fact that protection of the environment is one of the main functions of the body of nuclear law. In this article, the general relationship between the law governing civil nuclear installations and environmental law will be analysed. The subsequent chapters will deal with environmental requirements and procedures as part of the authorisation process for a nuclear installation. The role of public participation and the involvement of neighbouring states in the licensing process will also be investigated, as they are today mainly based on environmental law. Some other aspects which may also have some relation to environmental protection, such as waste management, emergency planning, multinational early notification and assistance in the case of an accident and nuclear liability, have been omitted from discussion as they lie outside the focus of this article

THE PLIGHT OF GERMAN MISSIONS IN MANDATE CAMEROON: AN HISTORICAL ANALYSIS

Directory of Open Access Journals (Sweden)

Lang Michael Kpughe

2017-09-01

Full Text Available The First World War and its resultant Mandate and Trusteeship systems greatly affected the German mission enterprise in Cameroon. Apart from causing the forceful ousting of German missionaries from Cameroon, the British and the French whom the League of Nations and United Nations successively chose as administering powers within the Mandate and Trusteeship frameworks adopted hostile policies towards German missions. From the beginning of the war to the post-Second World War era, the foundation of German missions was seriously threatened. This paper critically examines the treatment of German missions in both British and French Cameroons during the Mandate and Trusteeship periods, focusing especially on the opposing attitudes of both administering powers towards the missions in their spheres of influence. The paper establishes that the administering powers’ treatment of German missions, which was underpinned by imperial and nationalist exigencies, roiled the attainment of the triple missionization agenda of planting self-supporting, self-governing and self-evangelizing churches. It thus argues that the First World War triggered the mistreatment of German missions, with some missions forced to terminate their activities while others were allowed to continue their mission work under difficult conditions.

The estimated impact of California’s urban water conservation mandate on electricity consumption and greenhouse gas emissions

Science.gov (United States)

Spang, Edward S.; Holguin, Andrew J.; Loge, Frank J.

2018-01-01

In April 2015, the Governor of California mandated a 25% statewide reduction in water consumption (relative to 2013 levels) by urban water suppliers. The more than 400 public water agencies affected by the regulation were also required to report monthly progress towards the conservation goal to the State Water Resources Control Board. This paper uses the reported data to assess how the water utilities have responded to this mandate and to estimate the electricity savings and greenhouse gas (GHG) emissions reductions associated with reduced operation of urban water infrastructure systems. The results show that California succeeded in saving 524 000 million gallons (MG) of water (a 24.5% decrease relative to the 2013 baseline) over the mandate period, which translates into 1830 GWh total electricity savings, and a GHG emissions reduction of 521 000 metric tonnes of carbon dioxide equivalents (MT CO2e). For comparison, the total electricity savings linked to water conservation are approximately 11% greater than the savings achieved by the investor-owned electricity utilities’ efficiency programs for roughly the same time period, and the GHG savings represent the equivalent of taking about 111 000 cars off the road for a year. These indirect, large-scale electricity and GHG savings were achieved at costs that were competitive with existing programs that target electricity and GHG savings directly and independently. Finally, given the breadth of the results produced, we built a companion website, called ‘H2Open’ (https://cwee.shinyapps.io/greengov/), to this research effort that allows users to view and explore the data and results across scales, from individual water utilities to the statewide summary.

Regular periodical public disclosure obligations of public companies

Directory of Open Access Journals (Sweden)

Marjanski Vladimir

2011-01-01

Full Text Available Public companies in the capacity of capital market participants have the obligation to inform the public on their legal and financial status, their general business operations, as well as on the issuance of securities and other financial instruments. Such obligations may be divided into two groups: The first group consists of regular periodical public disclosures, such as the publication of financial reports (annual, semi-annual and quarterly, and the management's reports on the public company's business operations. The second group comprises the obligation of occasional (ad hoc public disclosure. The thesis analyses the obligation of public companies to inform the public in course of their regular reporting. The new Capital Market Law based on two EU Directives (the Transparency Directive and the Directive on Public Disclosure of Inside Information and the Definition of Market Manipulation regulates such obligation of public companies in substantially more detail than the prior Law on the Market of Securities and Other Financial Instruments (hereinafter: ZTHV. Due to the above the ZTHV's provisions are compared to the new solutions within the domain of regular periodical disclosure of the Capital Market Law.

Report to Congress on Server and Data Center Energy Efficiency: Public Law 109-431

Energy Technology Data Exchange (ETDEWEB)

Alliance to Save Energy; ICF Incorporated; ERG Incorporated; U.S. Environmental Protection Agency; Brown, Richard E; Brown, Richard; Masanet, Eric; Nordman, Bruce; Tschudi, Bill; Shehabi, Arman; Stanley, John; Koomey, Jonathan; Sartor, Dale; Chan, Peter; Loper, Joe; Capana, Steve; Hedman, Bruce; Duff, Rebecca; Haines, Evan; Sass, Danielle; Fanara, Andrew

2007-08-02

This report was prepared in response to the request from Congress stated in Public Law 109-431 (H.R. 5646),"An Act to Study and Promote the Use of Energy Efficient Computer Servers in the United States." This report assesses current trends in energy use and energy costs of data centers and servers in the U.S. (especially Federal government facilities) and outlines existing and emerging opportunities for improved energy efficiency. It also makes recommendations for pursuing these energy-efficiency opportunities broadly across the country through the use of information and incentive-based programs.

The French biofuels mandates under cost uncertainty - an assessment based on robust optimization

International Nuclear Information System (INIS)

Lorne, Daphne; Tchung-Ming, Stephane

2012-01-01

This paper investigates the impact of primary energy and technology cost uncertainty on the achievement of renewable and especially biofuel policies - mandates and norms - in France by 2030. A robust optimization technique that allows to deal with uncertainty sets of high dimensionality is implemented in a TIMES-based long-term planning model of the French energy transport and electricity sectors. The energy system costs and potential benefits (GHG emissions abatements, diversification) of the French renewable mandates are assessed within this framework. The results of this systemic analysis highlight how setting norms and mandates allows to reduce the variability of CO 2 emissions reductions and supply mix diversification when the costs of technological progress and prices are uncertain. Beyond that, we discuss the usefulness of robust optimization in complement of other techniques to integrate uncertainty in large-scale energy models. (authors)

Good Faith in European Contract Law

NARCIS (Netherlands)

Hondius, E.H.

2002-01-01

Reinhard Zimmermann and Simon Whittaker, Good Faith in European Contract Law, pp 720, ISBN 0 521 77190 0, Cambridge University Press, Cambridge 2000. This is the first publication resulting from the Trento Common Core of European Private Law project. It analyses the law relating to good faith in

Local mandate improves equity of paid sick leave coverage: Seattle’s experience

Directory of Open Access Journals (Sweden)

Jennifer L. Romich

2017-01-01

Full Text Available Abstract Background Paid sick leave allows workers to take time off work for personal or family health needs, improving health and potentially limiting infectious diseases. The U.S. has no national sick leave mandate, and many American workers - particularly those at lower income levels - have no right to paid time off for their own or family members’ health needs. This article reports on outcomes of a local mandate, the City of Seattle Paid Sick and Safe Time Ordinance, which requires certain employers to provide paid sick leave to eligible workers. Methods Survey collectors contacted a stratified random sample of Seattle employers before the Ordinance went into effect and one year later. Pre- and post- analysis draws on responses to survey items by 345 employers who were subject to the paid sick leave mandate. Results Awareness of the policy and provision of paid leave grew significantly over the year after the Ordinance was enacted. More employers offered leave to full-time workers (80.8 to 93.9%, p < .001 and part-time workers (47.1 to 66.7%, p < .001 with particularly large increases in the hospitality sector, which includes food workers (coverage of any hospitality employee: 27.5 to 85.0%, p < .001. Conclusions Absent a federal policy, local paid sick time mandates can increase paid sick leave coverage, an important social determinant of health.

33 CFR 88.11 - Law enforcement vessels.

Science.gov (United States)

2010-07-01

... NAVIGATION RULES ANNEX V: PILOT RULES § 88.11 Law enforcement vessels. (a) Law enforcement vessels may display a flashing blue light when engaged in direct law enforcement or public safety activities. This... lights. (b) The blue light described in this section may be displayed by law enforcement vessels of the...

Health Benefits Mandates and Their Potential Impacts on Racial/Ethnic Group Disparities in Insurance Markets.

Science.gov (United States)

Charles, Shana Alex; Ponce, Ninez; Ritley, Dominique; Guendelman, Sylvia; Kempster, Jennifer; Lewis, John; Melnikow, Joy

2017-08-01

Addressing racial/ethnic group disparities in health insurance benefits through legislative mandates requires attention to the different proportions of racial/ethnic groups among insurance markets. This necessary baseline data, however, has proven difficult to measure. We applied racial/ethnic data from the 2009 California Health Interview Survey to the 2012 California Health Benefits Review Program Cost and Coverage Model to determine the racial/ethnic composition of ten health insurance market segments. We found disproportional representation of racial/ethnic groups by segment, thus affecting the health insurance impacts of benefit mandates. California's Medicaid program is disproportionately Latino (60 % in Medi-Cal, compared to 39 % for the entire population), and the individual insurance market is disproportionately non-Latino white. Gender differences also exist. Mandates could unintentionally increase insurance coverage racial/ethnic disparities. Policymakers should consider the distribution of existing racial/ethnic disparities as criteria for legislative action on benefit mandates across health insurance markets.

The new Administrative Procedure and Administrative Process Law (Law 1.437 of 2011)

OpenAIRE

Expósito Vélez, Juan Carlos

2011-01-01

The new Administrative Procedure and Administrative Process Law (Law 1.437 of 2011) require a deep analysis, because it brings a new perception of old models of the Administrative Colombian Law: nullity, nullity and reestablishment of rights and the controversies relative to public contracts. El Nuevo Código de Procedimiento Administrativo y de lo Contencioso Administrativo (Ley 1.437 de 2.011) requiere de un análisis profundo, debido al nuevo alcance que trae a figuras tradicionales del ...

Competing Transnational Regimes under WTO Law

Directory of Open Access Journals (Sweden)

Carola Glinski

2014-02-01

Full Text Available Against a common perception of CSR being a business concept without binding legal effect, this article discusses legitimate legal effects of private standards in public international law, using the issue of private labels as “international standards” under WTO law. WTO law shows certain openness for external transnational standards. This article argues that the references to “international standards” in the TBT Agreement can be applied for the selection between competing public or private norms that claim relevance. Thereby, the most legitimate standard for governing the problem at issue should be chosen. This is exemplified with the case of Tuna Dolphin II where the Appellate Body has emphasised the requirement of procedural legitimacy. The article argues that the requirements for legitimate standards depend on the interests at stake and that a private standard can well be more legitimate than a (competing public standard. As the justifying effect of Article 2.5 TBT mainly interferes with economic interests, a relevant “international standard” may well consist of a representative business standard, e.g. a private label. In contrast, an international standard in the terms of Article 2.4 TBT which interferes with a democratic decision in favour of public interests such as environmental protection must reflect these public interests in a legitimate way. The article concludes that CSR can play an important role in defining legally valid justifying or minimum standards in public international law.

Public regulators and CSR

DEFF Research Database (Denmark)

Buhmann, Karin

2016-01-01

of such public regulatory governance, this article explores and explains developments towards a juridification of CSR entailing efforts by public regulators to reach beyond jurisdictional and territorial limitations of conventional public law to address adverse effects of transnational economic activity. Through...... analysis of an expansion of law into the normative framing of what constitutes responsible business conduct, we demonstrate a process of juridification entailing a legal framing of social expectations of companies, a proliferation of law into the field of business ethics, and an increased regulation by law...

[Family and acquaintances of illicit drug users: community perspectives on laws and public policies in Western Rio de Janeiro, Brazil].

Science.gov (United States)

Silva, Jaqueline da; Brands, Bruna; Adlaf, Edward; Giesbrecht, Norman; Simich, Laura; Wright, Maria da Gloria Miotto

2009-01-01

This article is part of the study 'Illicit Drug Use in Seven Latin American Countries and Canada: Critical Perspectives of Family and Familiars' (7LACC), which investigated four domains: protective and risk factors; preventive initiatives; treatment facilities; and laws and policies. The article presents a section of the results based on four items of the laws and policies domain--as perceived by the family and acquaintances of illicit drug users living in the community. Participants were recruited in urban primary health care units located in Western Rio de Janeiro (city), Brazil. This multi-method, cross-temporal study performed interviews with 100 adults (18 years of age or older), all cognitively healthy. Results and key conclusions included non-compliance with the fundamental principles of the Unique Health System Legislation / Law 8.080/90 and the erroneous implementation of laws and public policies on illicit drug.

7 CFR 1980.452 - FmHA or its successor agency under Public Law 103-354 evaluation of application.

Science.gov (United States)

2010-01-01

... examiner's report and if so determine the loan classification. (c) Analyze lender's liability ledger on the... successor agency under Public Law 103-354 1940-3 will not be mailed to the Finance Office. Notice of... to the Finance Office to obligate before the 6-day reservation period and directs the State Director...

Postoperative outcomes in bariatric surgical patients participating in an insurance-mandated preoperative weight management program.

Science.gov (United States)

Schneider, Andrew; Hutcheon, Deborah A; Hale, Allyson; Ewing, Joseph A; Miller, Megan; Scott, John D

2018-02-02

Many insurance companies require patient participation in a medically supervised weight management program (WMP) before offering approval for bariatric surgery. Clinical data surrounding benefits of participation are limited. To evaluate the relationship between preoperative insurance-mandated WMP participation and postoperative outcomes in bariatric surgery patients. Regional referral center and teaching hospital. A retrospective review of patients who underwent vertical sleeve gastrectomy or Roux-en-Y gastric bypass between January 2014 and January 2016 was performed. Patients (N = 354) were divided into 2 cohorts and analyzed according to presence (n = 266) or absence (n = 88) of an insurance-mandated WMP requirement. Primary endpoints included rate of follow-up and percent of excess weight loss (%EWL) at postoperative months 1, 3, 6, and 12. All patients, regardless of the insurance-mandated WMP requirement, followed a program-directed preoperative diet. The majority of patients with an insurance-mandated WMP requirement had private insurance (63.9%). Both patient groups experienced a similar proportion of readmissions and reoperations, rate of follow-up, and %EWL at 1, 3, 6, and 12 months (P = NS). Median operative duration and hospital length of stay were also similar between groups. Linear regression analysis revealed no significant improvement in %EWL at 12 months in the yes-WMP group. These data show that patients who participate in an insurance-mandated WMP in addition to completing a program-directed preoperative diet experience no significant benefit to rate of readmission, reoperation, follow-up, or %EWL up to 12 months postoperation. Our findings suggest that undergoing bariatric surgery without completing an insurance-mandated WMP is safe and effective. Copyright © 2018 American Society for Bariatric Surgery. Published by Elsevier Inc. All rights reserved.

Law & psychiatry: Gun laws and mental illness: how sensible are the current restrictions?

Science.gov (United States)

Appelbaum, Paul S; Swanson, Jeffrey W

2010-07-01

This column describes federal and state laws to restrict access to firearms among people with mental illness. The contribution to public safety of these laws is likely to be small because only 3%-5% of violent acts are attributable to serious mental illness, and most do not involve guns. The categories of persons with mental illnesses targeted by the laws may not be at higher risk of violence than other subgroups in this population. The laws may deter people from seeking treatment for fear of losing the right to possess firearms and may reinforce stereotypes of persons with mental illnesses as dangerous.

The rule of law

Directory of Open Access Journals (Sweden)

Besnik Murati

2015-07-01

Full Text Available The state as an international entity and its impact on the individual’s right has been and still continues to be a crucial factor in the relationship between private and public persons. States vary in terms of their political system, however, democratic states are based on the separation of powers and human rights within the state. Rule of law is the product of many actors in a state, including laws, individuals, society, political system, separation of powers, human rights, the establishment of civil society, the relationship between law and the individual, as well as, individual-state relations. Purpose and focus of this study is the importance of a functioning state based on law, characteristics of the rule of law, separation of powers and the basic concepts of the rule of law.

Religious law versus secular law
The example of the get refusal in Dutch, English and Israeli law

Directory of Open Access Journals (Sweden)

Matthijs de Blois

2010-06-01

Full Text Available The tension between religious law and secular law in modern democracies is illustrated in this article by a discussion of the different approaches to the get (a bill of divorce refusal (based on Jewish law under Dutch, English and Israeli law. These legal orders share many characteristics, but also display important differences as to the role of religion and religious law in the public realm. The Dutch system is the most secular of the three; it does not recognize a role for religious law within the secular system as such. The English legislation provides for means that to a certain extent facilitate the effectuation of a religious divorce. In Israel, finally, the law of marriage and divorce is as such governed by the religious law of the parties concerned; for the majority of the population that is Jewish law. An evaluation of the different approaches in the framework of human rights law reveals the complexities of the collision of the underlying values in terms of equality, religious freedom and minority rights, also having regard to the diversity of opinions within religious communities.

List of publications 1994 January - 1995 December

International Nuclear Information System (INIS)

Lim, M.J.; Dament, M.; Barrie, B.

1996-07-01

AECL's mandate is to undertake research into nuclear energy and from that develop commercial applications. Its objective is to secure the maximum economic benefit for Canada from CANDU technology and the associated research and development. Among our most important products are scientific reports, publications and conference presentations. This document fists our publications for 1994-95. (author)

STRATEGIC MANAGEMENT IN NONPROFIT AND PUBLIC ORGANIZATIONS

Directory of Open Access Journals (Sweden)

Ioan NICOLAE

2008-01-01

Full Text Available Strategic management in public organizations can use coerciveness as a keyelement of their strategy. Private organizations are more dependent onmarketing or selling to potential customers. As publicness increases,marketing declines in importance and maintaining favorable coercivearrangements increases in importance. Strategic managers should be awareof coercive opportunities in their mandates as they fashion strategy anddevise implementation plans.

List of publications 1994 January - 1995 December

Energy Technology Data Exchange (ETDEWEB)

Lim, M J; Dament, M; Barrie, B

1996-07-01

AECL`s mandate is to undertake research into nuclear energy and from that develop commercial applications. Its objective is to secure the maximum economic benefit for Canada from CANDU technology and the associated research and development. Among our most important products are scientific reports, publications and conference presentations. This document fists our publications for 1994-95. (author).

Administration of the Radiation Control for Health and Safety Act of 1968, Public Law 90-602, April 1, 1975. Annual report, Jan--Dec 1974

International Nuclear Information System (INIS)

1974-01-01

The Secretary of Health, Education, and Welfare is required, Subpart 3, Section 2, Part F of Title III of the Public Health Service Act; 42 USC et seq. (Public Law 90-602), to submit an annual report to the President for transmittal to the Congress on or before April 1 on the adminstration of the Radiation Control for Health and Safety Act. The detailed information required to be included in the report is outlined in Section 360D of Public Law 90-602. The Food and Drug Administration, through its Bureau of Radiological Health, has been delegated the authority for the day-to-day administration of the Act. This report covers the detailed operation of the Agency in carrying out that responsibility for calendar year 1974

The Great Recession, insurance mandates, and the use of in vitro fertilization services in the United States.

Science.gov (United States)

Kiatpongsan, Sorapop; Huckman, Robert S; Hornstein, Mark D

2015-02-01

To investigate the relationship between economic activities, insurance mandates, and the use of in vitro fertilization (IVF) in the United States. We examined the correlation between the coincident index (a proxy for overall economic conditions) and IVF use at the national level from 2000 to 2011. We then analyzed the relationship at the state level through longitudinal regression models. The base model tested the correlation at the state level. Additional models examined whether this relationship was affected, both separately and jointly, by insurance mandates and the Great Recession. Not applicable. Not applicable. None. Direction and magnitude of the relationship between the coincident index and IVF use, and influences of insurance mandates and the Great Recession. The coincident index was positively correlated with IVF use at the national level (correlation coefficient = 0.89). At the state level, an increase of one unit in the coincident index was associated with an increase of 16 IVF cycles per 1 million women, with a significantly greater increase in IVF use in states with insurance mandates than in states without mandates (27 versus 15 IVF cycles per 1 million women). The Great Recession did not alter the relationship between the coincident index and IVF use. Our study demonstrates a positive relationship between the economy and IVF use, with greater magnitude in states with insurance mandates. This relationship was not affected by the Great Recession regardless of mandated insurance coverage. Copyright © 2015 American Society for Reproductive Medicine. Published by Elsevier Inc. All rights reserved.

What would Mary Douglas do? A commentary on Kahan et al., "Cultural cognition and public policy: the case of outpatient commitment laws".

Science.gov (United States)

Swanson, Jeffrey

2010-06-01

Involuntary outpatient commitment is a highly controversial issue in mental health law. Strong supporters of outpatient commitment see it as a form of access to community-based mental health care and a less restrictive alternative to hospitalization for people with severe mental illness; vocal opponents see it as an instrument of social control and an unwarranted deprivation of individual liberty. Kahan and colleagues apply the theory of "cultural cognition" in an empirical study of how cultural worldviews influence support for outpatient commitment laws among the general public and shape perceptions of evidence for these laws' effectiveness. This article critiques Kahan et al. and offers an alternative perspective on the controversy, emphasizing particular social facts underlying stakeholders' positions on outpatient commitment laws.

Conflict of interest in public health: should there be a law to prevent it?

Science.gov (United States)

Gupta, Arun; Holla, Radha; Suri, Shoba

2015-01-01

"Conflict of interest", now being commonly cited, is a set of circumstances that creates a risk that professional judgement or actions regarding a primary interest will be unduly influenced by a secondary interest. Conflict of interest situations can be institutional or personal, and can stem from financial or other interests including post-employment opportunities or during public -private partnerships. Conflicts of interest in the creation of public policy, especially health or nutrition related policies such as the vaccine policy, tobacco control, and research related to health, can have negative impact on the lives of millions of people. While the UN Convention Against Corruption, to which India is a signatory, identifies conflict of interest as often being a precursor to corruption, there is no serious action being taken in this direction by the Indian government, in spite of the fact there are instances of serious nature coming to light that affect our peoples lives. If conflict of interest situations are allowed to continue especially in health policy it could be detrimental to millions of people; therefore, it would be in public interest that India enacts a law to prevent conflict of interest in the making of public policies, comprehensive enough to include financial and institutional conflicts of interest.

[Impact of the Core Training Law on preventive medicine and public health training and other common medical specialties].

Science.gov (United States)

Latasa, Pello; Gil-Borrelli, Christian; Aguilera, José Antonio; Reques, Laura; Barreales, Saúl; Ojeda, Elena; Alemán, Guadalupe; Iniesta, Carlos; Gullón, Pedro

2016-01-01

The purpose of the Core Training Law (CTL) is to amend specialised medical training to include 24 months of common training. The aim of this study is to assess its potential impact on the Preventive Medicine and Public Health (PM&PH) training programme and other medical specialties. The programmes of the 21 common medical specialties were analysed and the recommended training periods for each specialty collected, before the information was agreed upon by three observers. The training impact was calculated as the percentage of months that should be amended per specialty to adapt to the common training schedule. The Preventive Medicine and Public Health training programme is the specialty most affected by the Core Training Law (100%, 24 months). Intensive medicine (0%, 0 months) and medical oncology (17%, 4 months) is the least affected. The CTL affects the common medical specialties in different ways and requires a complete reorganisation of the activities and competencies of PM&PH professionals. Copyright © 2016 SESPAS. Published by Elsevier Espana. All rights reserved.

The Goettingen nuclear law catalogue 1976. Pt. B: bibliography - sources

International Nuclear Information System (INIS)

Zieger, G.; Bauer, G.; Bischof, W.; Pelzer, N.

1976-01-01

In volume 26, the bibliography covering domestic and foreign publications on atomic energy law is continued. 2,930 publications are cited on: bibliographies, collections of texts, treatises, handbooks, commentaries, reference, books and dictionaries, concept of atomic energy law, organization, radiation protection and reactor safety, liability and insurance, licence and control, nuclear fuels, other radioactive substances and wastes, nuclear installations, nuclear ships, transport, investions and information, economic law, criminal law, mining law, research, training, documentation, environmental protection, and other special subjects. (orig./LN) [de

Is mandating elective single embryo transfer ethically justifiable in young women?

Directory of Open Access Journals (Sweden)

Kelton Tremellen

2015-12-01

Full Text Available Compared with natural conception, IVF is an effective form of fertility treatment associated with higher rates of obstetric complications and poorer neonatal outcomes. While some increased risk is intrinsic to the infertile population requiring treatment, the practice of multiple embryo transfer contributes to these complications and outcomes, especially concerning its role in higher order pregnancies. As a result, several jurisdictions (e.g. Sweden, Belgium, Turkey, and Quebec have legally mandated elective single-embryo transfer (eSET for young women. We accept that in very high-risk scenarios (e.g. past history of preterm delivery and poor maternal health, double-embryo transfer (DET should be prohibited due to unacceptably high risks. However, we argue that mandating eSET for all young women can be considered an unacceptable breach of patient autonomy, especially since DET offers certain women financial and social advantages. We also show that mandated eSET is inconsistent with other practices (e.g. ovulation induction and intrauterine insemination–ovulation induction that can expose women and their offspring to risks associated with multiple pregnancies. While defending the option of DET for certain women, some recommendations are offered regarding IVF practice (e.g. preimplantation genetic screening and better support of IVF and maternity leave to incentivise patients to choose eSET.

The new regulator in town : The effect of Walmart’s sustainability mandate on supplier shareholder value

NARCIS (Netherlands)

Gielens, K.J.P.; Geyskens, Inge; Deleersnyder, Barbara; Nohe, Max

Suppliers are increasingly forced by dominant retailers to clean up their supply chains. While these retailers argue that their sustainability mandates may translate into profits for suppliers, many suppliers are cynical about these mandates because the onus to undertake the required investments is

Education Policy Mediation: Principals' Work with Mandated Literacy Assessment

Science.gov (United States)

Comber, Barbara; Cormack, Phil

2011-01-01

Mandated literacy assessment is now a ubiquitous practice in many western educational systems. While educational researchers, principals, teachers and education unions continue to offer vociferous resistance in some nations, in others it is now commonplace in the educational landscape and built into the rhythms of the school year. This paper is…

42 CFR 422.378 - Relationship to State law.

Science.gov (United States)

2010-10-01

... 42 Public Health 3 2010-10-01 2010-10-01 false Relationship to State law. 422.378 Section 422.378... Relationship to State law. (a) Preemption of State law. Any provisions of State law that relate to the... licensed under State law; (ii) Generally apply to other MA organizations and plans in the State; and (iii...

Using law to strengthen health professions: frameworks and practice.

Science.gov (United States)

Verani, André; Shayo, Peter; Howse, Genevieve

2011-01-01

The lack of sufficient, high-quality health workers is one of the primary barriers to improving health in sub-saharan africa. An approach to address this challenge is for public health practitioners to increase their cooperation with public health lawyers, regulators and other policymakers in order to develop strengthened health workforce laws, regulations, and policies that are vigorously implemented and enforced. Conceptual frameworks can help clarify the meaning of health system governance and the pathways between law and health. International recommendations for policy interventions governing health workers provide countries with valuable guidance for domestic reforms. Monitoring and evaluation of legal, regulatory, and other policy interventions are required to ascertain their public health impact. At the intersection of law and public health, professionals from both fields can collaborate in concrete ways such as those discussed here to improve laws and policies governing health.

Fuels planning: science synthesis and integration; social issues fact sheet 07: The "laws" of effective public education about fire hazards

Science.gov (United States)

Rocky Mountain Research Station USDA Forest Service

2004-01-01

Within the past 10 years, breakthrough research has identified factors that are most important for effectively communicating about wildland fire hazards. This fact sheet discusses seven "Laws" of effective public communication that should be considered in any state-of-the-art education campaign.

Stakeholder influence in public sector information systems strategy implementation—The case of public hospitals in South Africa

CSIR Research Space (South Africa)

Hwabamungu, B

2018-01-01

Full Text Available in fulfilling their mandate. The public health sector in particular needs to engage with a diversity of stakeholders at local, regional and national levels when strategising. The purpose of this study is to investigate the influence of stakeholder relations...

EU Overriding Mandatory Law and the Applicable Law on the Substance in International Commercial Arbitration

NARCIS (Netherlands)

X.E. Kramer (Xandra)

2017-01-01

markdownabstractThe position of mandatory law and public policy in arbitration has been extensively discussed for quite a number of years, however, there is little consensus on the role of arbitral tribunal in applying EU overriding mandatory law. At the same time, it is clear that (overriding)

Knowledgeability of Copyright Law among Librarians and Library Paraprofessionals Employed in Adult Services at a Large Public Library System.

Science.gov (United States)

Lavelle, Bridget M.

Since public libraries contain copyrighted works in the form of print, electronic or audiovisual sources, librarians and library paraprofessionals need to possess sufficient knowledge of United States copyright law to meet the information needs of patrons successfully and legally. A literature review revealed that minimal works address this topic.…

Disclosure of hydraulic fracturing fluid chemical additives: analysis of regulations.

Science.gov (United States)

Maule, Alexis L; Makey, Colleen M; Benson, Eugene B; Burrows, Isaac J; Scammell, Madeleine K

2013-01-01

Hydraulic fracturing is used to extract natural gas from shale formations. The process involves injecting into the ground fracturing fluids that contain thousands of gallons of chemical additives. Companies are not mandated by federal regulations to disclose the identities or quantities of chemicals used during hydraulic fracturing operations on private or public lands. States have begun to regulate hydraulic fracturing fluids by mandating chemical disclosure. These laws have shortcomings including nondisclosure of proprietary or "trade secret" mixtures, insufficient penalties for reporting inaccurate or incomplete information, and timelines that allow for after-the-fact reporting. These limitations leave lawmakers, regulators, public safety officers, and the public uninformed and ill-prepared to anticipate and respond to possible environmental and human health hazards associated with hydraulic fracturing fluids. We explore hydraulic fracturing exemptions from federal regulations, as well as current and future efforts to mandate chemical disclosure at the federal and state level.

7 CFR 1944.548 - Counseling consent by FmHA or its successor agency under Public Law 103-354 single family housing...

Science.gov (United States)

2010-01-01

... grantee (at no cost) the borrower's FmHA or its successor agency under Public Law 103-354 loan history... including the amount of the loan, the repayment schedule, and the amount of the delinquency; and (3) Other...

The German and European laws and regulations providing for participation of the public in vertically staged procedures for the licensing of large-scale projects with an impact on the environment

International Nuclear Information System (INIS)

Hellmann, U.

1992-01-01

Participation of the public in licensing procedures for large-scale projects has been an item of discussion since the sixties in the legal sciences and on the political level. The introduction of the environmental impact assessment (EIA) as a legal requirement in EC law and its implementation in practice was the occasion to once again investigate the principle of participation of the public in the current legal framework. The study in hand reviews the legal provisions found in administrative law, constitutional law and European Community law governing the right of participation of the public and also takes a look at the situation in practice. The results show both the legal status and conditions of enforcement as prevailing after the coming into force in 1989 of the Act on Performance of an EIA, as well as inadequacies and deficits in the current legal framework. (orig.) [de

The evolution of law in biopreparedness.

Science.gov (United States)

Hodge, James G

2012-03-01

The decade following the terrorist attacks on September 11, 2001, and ensuing anthrax exposures that same fall has seen significant legal reforms designed to improve biopreparedness nationally. Over the past 10 years, a transformative series of legal changes have effectively (1) rebuilt components of federal, state, and local governments to improve response efforts; (2) created an entire new legal classification known as "public health emergencies"; and (3) overhauled existing legal norms defining the roles and responsibilities of public and private actors in emergency response efforts. The back story as to how law plays an essential role in facilitating biopreparedness, however, is pocked with controversies and conflicts between law- and policymakers, public health officials, emergency managers, civil libertarians, scholars, and others. Significant legal challenges for the next decade remain. Issues related to interjurisdictional coordination; duplicative legal declarations of emergency, disaster, and public health emergency; real-time legal decision making; and liability protections for emergency responders and entities remain unresolved. This article explores the evolving tale underlying the rise and prominence of law as a pivotal tool in national biopreparedness and response efforts in the interests of preventing excess morbidity and mortality during public health emergencies.

Changes in competence of public authorities in connection with final storage pursuant to the omnibus law on site selection

International Nuclear Information System (INIS)

Keienburg, Bettina

2012-01-01

The omnibus law on site finding and selection for a repository for radioactive waste generating heat, and with amendments to other laws, of June 13, 2012 is to reshuffle fundamentally the competences of public authorities for final storage. The federal government is to assume more responsibilities from former federal state competences. Moreover, most of the existing competences of the Federal Office for Radiation Protection are to be transferred to a federal agency yet to be founded, which is called Federal Office for Nuclear Safety in the present draft legislation. The Federal Office for Radiation Protection will only retain its responsibility as project agent for repositories, and that only in the phases of site exploration and licensing. Afterwards, the duty of final storage in the draft legislation is transferred to a 3rd party. Again in the version of the draft legislation, and unlike present regulations, this 3rd party may only be a company whose sole owner is the federal government, which also is to strengthen the influence of the federal government under aspects of company law. Legislative efforts seeking to strengthen the federal government and its competences by assigning licensing duties for repositories to federal agencies are understandable under feasibility aspects and may even be in the emotional interest of the states and their competent representatives in public authorities who, merely because their work is connected with the disputed topic of final storage, often face attacks and accusations by the public. Nevertheless, the transfer to federal agencies of administrative duties is subject to constitutional limits which must be observed. These constitutional aspects are highlighted in the publication. It is left to the reader to assess the meaningfulness of establishing another independent high-level federal agency in the area of responsibility of the Federal Ministry of the Environment (BMU), i.e. a Federal Office for Nuclear Safety, alongside the

Effects of state contraceptive insurance mandates.

Science.gov (United States)

Dills, Angela K; Grecu, Anca M

2017-02-01

Using U.S. Natality data for 1996 through 2009 and an event analysis specification, we investigate the dynamics of the effects of state insurance contraceptive mandates on births and measures of parental investment: prenatal visits, non-marital childbearing, and risky behaviors during pregnancy. We analyze outcomes separately by age, race, and ethnicity. Among young Hispanic women, we find a 4% decline in the birth rate. There is evidence of a decrease in births to single mothers, consistent with increased wantedness. We also find evidence of selection into motherhood, which could explain the lack of a significant effect on birth outcomes. Copyright © 2016 Elsevier B.V. All rights reserved.

Trial of the University Assistance Program for Alcohol Use Among Mandated Students*

Science.gov (United States)

Amaro, Hortensia; Ahl, Marilyn; Matsumoto, Atsushi; Prado, Guillermo; Mulé, Christina; Kemmemer, Amaura; Larimer, Mary E.; Masi, Dale; Mantella, Philomena

2009-01-01

Objective: The aim of this study was to investigate the effectiveness of a brief intervention for mandated students in the context of the University Assistance Program, a Student Assistance Program developed and modeled after workplace Employee Assistance Programs. Method: Participants were 265 (196 males and 69 females) judicially mandated college students enrolled in a large, urban university in the northeast United States. All participants were sanctioned by the university's judicial office for an alcohol- or drug-related violation. Participants were randomized to one of two intervention conditions (the University Assistance Program or services as usual) and were assessed at baseline and 3 and 6 months after intervention. Results: Growth curve analyses showed that, relative to services as usual, the University Assistance Program was more efficacious in reducing past-90-day weekday alcohol consumption and the number of alcohol-related consequences while increasing past-90-day use of protective behaviors and coping skills. No significant differences in growth trajectories were found between the two intervention conditions on past-90-day blood alcohol concentration, total alcohol consumption, or weekend consumption. Conclusions: The University Assistance Program may have a possible advantage over services as usual for mandated students. PMID:19538912

Trial of the university assistance program for alcohol use among mandated students.

Science.gov (United States)

Amaro, Hortensia; Ahl, Marilyn; Matsumoto, Atsushi; Prado, Guillermo; Mulé, Christina; Kemmemer, Amaura; Larimer, Mary E; Masi, Dale; Mantella, Philomena

2009-07-01

The aim of this study was to investigate the effectiveness of a brief intervention for mandated students in the context of the University Assistance Program, a Student Assistance Program developed and modeled after workplace Employee Assistance Programs. Participants were 265 (196 males and 69 females) judicially mandated college students enrolled in a large, urban university in the northeast United States. All participants were sanctioned by the university's judicial office for an alcohol- or drug-related violation. Participants were randomized to one of two intervention conditions (the University Assistance Program or services as usual) and were assessed at baseline and 3 and 6 months after intervention. Growth curve analyses showed that, relative to services as usual, the University Assistance Program was more efficacious in reducing past-90-day weekday alcohol consumption and the number of alcohol-related consequences while increasing past-90-day use of protective behaviors and coping skills. No significant differences in growth trajectories were found between the two intervention conditions on past-90-day blood alcohol concentration, total alcohol consumption, or weekend consumption. The University Assistance Program may have a possible advantage over services as usual for mandated students.

[Compliance with antismoking laws in official institutions].

Science.gov (United States)

Cordovilla, R; Barrueco, M; González Ruiz, J M; Hernández, M A; de Castro, J; Gómez, F

1997-01-01

The prevention of nicotine addiction involves a wide range of measures, including writing laws to preserve public health by protecting nonsmokers from smoke and discouraging smokers from consumption. Also important are campaigns to educate both parties (smokers and nonsmokers) about the negative effects of tobacco. The main antismoking law in Spain is the Health and Consumer Ministry's Royal Decree 192/1988 limiting the sale and use of tobacco with the aim of protecting public health. Other regulations have since been enacted by public administrations to complement that law. Research finding published in recent years have been the basis for major legal changes leading in two directions; toward standardizing laws existing in different countries and toward increasing restrictions on the advertising and sale of tobacco. Various scientific and social groups have demanded that current laws be made stricter. Little has been done, however, to assess the degree of vigilance and compliance, and consequently the efficacy, of current legislation. The aim of this study was to determine the level of compliance with the law in governmental institutions in Salamanca. We visited 30 centers and saw that while notices prohibiting smoking were visible in 80%, the number of smokers was high: 43% among workers (none of whom was in educational or medical centers) and 37% among the public. No posters warning of the dangers of tobacco were seen in any of the centers visited. It appears necessary to further restrict the sale and use of tobacco in public places, to enforce compliance with existing regulations and to increase the amount of information on the toxic effects of tobacco in order to gain the cooperation of both smokers and nonsmokers toward achieving smoke-free environments.

A Review of Open Access Self-Archiving Mandate Policies

Science.gov (United States)

Xia, Jingfeng; Gilchrist, Sarah B.; Smith, Nathaniel X. P.; Kingery, Justin A.; Radecki, Jennifer R.; Wilhelm, Marcia L.; Harrison, Keith C.; Ashby, Michael L.; Mahn, Alyson J.

2012-01-01

This article reviews the history of open access (OA) policies and examines the current status of mandate policy implementations. It finds that hundreds of policies have been proposed and adopted at various organizational levels and many of them have shown a positive effect on the rate of repository content accumulation. However, it also detects…

Nuclear law Netherlands

International Nuclear Information System (INIS)

Bischof, W.

1976-01-01

This publication gives, in Dutch and German, a comprehensive survey of the Netherland's current law in the field of reactor safety and radiation protection, including a survey of international agreements. (orig./HP) [de

Competing values in serving older and vulnerable adults: adult protective services, mandated reporting, and domestic violence programs.

Science.gov (United States)

Cramer, Elizabeth P; Brady, Shane R

2013-01-01

State mandatory reporting statutes may directly or indirectly list domestic violence programs as among those that are mandated reporters of cases of suspected abuse, neglect, or exploitation of older individuals and those with disabilities. Domestic violence programs, however, may not consider themselves to be mandated reporters, because the responsibility of reporting abuse may be contrary to their programmatic philosophy. In the Commonwealth of Virginia, the potential conflict between domestic violence programs and Adult Protective Services about the issue of mandated reporting has created tension between these organizations as each entity continues interpreting the issues and policies of mandated reporting through its own lens. The authors draw out some of the reasons for the conflict as well as make recommendations for improving relationships between the two organizations, which will ultimately benefit vulnerable adults who are experiencing abuse.

Protection of third parties. The protection of third parties affected by building or plant construction permits under the public construction law, the emission control law, or the atomic energy law

International Nuclear Information System (INIS)

Koenig, S.

1993-01-01

Building construction permits just like plant construction permits under the Federal Emission Control Act or the Atomic Energy Act are typical cases representing the administrative order with a dual effect, or an effect on third parties: decisions supporting the interests of the project owner always affect third parties. Third party protection therefore is a major topic of public construction law or the environmental protection law to be applied to industrial installations. Although actions brought by third parties have become something ordinary for the administrative courts, substantive third party protection continues to pose specific problems. The book in hand develops and explains a way out of the dilemma created by third party protection. The solutions presented are founded on a sound dogmatic basis and take into account the Federal Constitutional Court's rulings in matters of civil rights. The starting point adopted by the authors is the third party rights warranting protection, with the objective protection provided for by the law in general gaining effect as subjective rights as far as the protection is based on the civil rights of the constitution. The scope of protection affordable depends on the individual case and the reconciliation of terests of all parties concerned. The problem solutions set forth very extensively rely on the jurisdiction in matters of third party protection and on approaches published in the relevant literature, so that the book also may serve as a guide to current practice and a helpful source of reference for readers looking for information about the issue of third party protection. (orig./HP) [de

7 CFR 1901.507 - Certificates of beneficial ownership issued by the FmHA or its successor agency under Public Law...

Science.gov (United States)

2010-01-01

... Agriculture Regulations of the Department of Agriculture (Continued) RURAL HOUSING SERVICE, RURAL BUSINESS... Farmers Home Administration or its successor agency under Public Law 103-354. The rate of interest paid on... social security number. (2) The registration of all certificates owned by the same person, organization...

Water, law, science

Science.gov (United States)

Narasimhan, T. N.

2008-01-01

SummaryIn a world with water resources severely impacted by technology, science must actively contribute to water law. To this end, this paper is an earth scientist's attempt to comprehend essential elements of water law, and to examine their connections to science. Science and law share a common logical framework of starting with a priori prescribed tenets, and drawing consistent inferences. In science, observationally established physical laws constitute the tenets, while in law, they stem from social values. The foundations of modern water law in Europe and the New World were formulated nearly two thousand years ago by Roman jurists who were inspired by Greek philosophy of reason. Recognizing that vital natural elements such as water, air, and the sea were governed by immutable natural laws, they reasoned that these elements belonged to all humans, and therefore cannot be owned as private property. Legally, such public property was to be governed by jus gentium, the law of all people or the law of all nations. In contrast, jus civile or civil law governed private property. Remarkably, jus gentium continues to be relevant in our contemporary society in which science plays a pivotal role in exploiting vital resources common to all. This paper examines the historical roots of modern water law, follows their evolution through the centuries, and examines how the spirit of science inherent in jus gentium is profoundly influencing evolving water and environmental laws in Europe, the United States and elsewhere. In a technological world, scientific knowledge has to lie at the core of water law. Yet, science cannot formulate law. It is hoped that a philosophical understanding of the relationships between science and law will contribute to their constructively coming together in the service of society.

Analysis of the Deployed Military Health Information System and Its Ability to Satisfy Requirements of Public Law 105-85, Section 765

National Research Council Canada - National Science Library

Brown, David

2005-01-01

.... The information obtained in this analysis will be used to further identify the strengths and weaknesses of the deployed medical information systems in the MRS and determine the ability of the MRS to meet the requirements of Public Law 105-85.

Water, law, science

Energy Technology Data Exchange (ETDEWEB)

Narasimhan, T.N.

2007-10-17

In a world with water resources severely impacted bytechnology, science must actively contribute to water law. To this end,this paper is an earth scientist s attempt to comprehend essentialelements of water law, and to examine their connections to science.Science and law share a common logical framework of starting with apriori prescribed tenets, and drawing consistent inferences. In science,observationally established physical laws constitute the tenets, while inlaw, they stem from social values. The foundations of modern water law inEurope and the New World were formulated nearly two thousand years ago byRoman jurists who were inspired by Greek philosophy of reason.Recognizing that vital natural elements such as water, air, and the seawere governed by immutable natural laws, they reasoned that theseelements belonged to all humans, and therefore cannot be owned as privateproperty. Legally, such public property was to be governed by jusgentium, the law of all people or the law of all nations. In contrast,jus civile or civil law governed private property. Remarkably, jusgentium continues to be relevant in our contemporary society in whichscience plays a pivotal role in exploiting vital resources common to all.This paper examines the historical roots of modern water law, followstheir evolution through the centuries, and examines how the spirit ofscience inherent in jus gentium is profoundly influencing evolving waterand environmental laws in Europe, the United States and elsewhere. In atechnological world, scientific knowledge has to lie at the core of waterlaw. Yet, science cannot formulate law. It is hoped that a philosophicalunderstanding of the relationships between science and law willcontribute to their constructively coming together in the service ofsociety.

Wisconsin EE Mandates: The Bad News and the Good News.

Science.gov (United States)

Lane, Jennie; And Others

1996-01-01

Examines Wisconsin teachers' perceived competencies in, attitudes toward, and amount of class time devoted to teaching about the environment. Discusses the effects of Wisconsin environmental education mandates concerning preservice preparation in environmental education and K-12 environmental education curriculum plans. Identifies areas where the…

43 CFR 422.5 - Responsibilities of the Law Enforcement Administrator.

Science.gov (United States)

2010-10-01

... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Responsibilities of the Law Enforcement Administrator. 422.5 Section 422.5 Public Lands: Interior Regulations Relating to Public Lands BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR LAW ENFORCEMENT AUTHORITY AT BUREAU OF RECLAMATION PROJECTS Responsibilities § 422.5 Responsibilities of...

Public Accountancy Handbook.

Science.gov (United States)

New York State Education Dept., Albany. Office of the Professions.

A reference guide to laws, rules, and regulations that govern public accountancy practice in New York State is presented. In addition to identifying licensing requirements/procedures for certified public accountants, general provisions of Title VIII of the Education Law are covered, along with state management, professional misconduct, and…

THE INFLUENCE OF THE CULTURE OF LAW IN LAW ENFORCEMENT CRIMINAL ACTS IN THE FIELD OF FISHERIES

Directory of Open Access Journals (Sweden)

Abd Asis

2015-07-01

Full Text Available Indonesia has the potential of marine and fisheries and a good variety of renewable or not renewable, but in the field fishery optimally still hampered with the rampant practice of catching fish illegally or criminal acts in the field of fisheries. The purpose of this writing is to know the influence of the culture of law in law enforcement criminal acts in the field of fisheries. Writing this type of normative research using secondary data, then the data were analyzed qualitatively-normative, examine the way interpret and construct the statement contained in document per-Act. The results showed that the law is strongly influenced by factors such as, among others: values, attitudes, and the community's view of called with cultures of law. Based on legal cultures which may give rise to differences in law enforcement between the communities that one with other communities. The legal culture is linked to the professionalism of law enforcers in the exercise of his duties, and public awareness in adhering to the law itself. Overall attitudes and values and behavior that determine the applicable law on society. Thus, the construction of the legal awareness should be oriented in an effort to promote the values underlying the legislation in question as well as paying attention to the communication of the ruling factor in order for the contents of such laws can be known by the public at large as the target of the rule of law itself. So the culture of the law contains the meaning of the process of internalization of values that are alive and thriving in the community who can serve as a cornerstone in understanding and law enforcement especially in the field of fisheries. Therefore, the fundamental issues should be against the law as already described above should be addressed properly

43 CFR 422.7 - Authorization to perform law enforcement duties.

Science.gov (United States)

2010-10-01

... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Authorization to perform law enforcement duties. 422.7 Section 422.7 Public Lands: Interior Regulations Relating to Public Lands BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR LAW ENFORCEMENT AUTHORITY AT BUREAU OF RECLAMATION PROJECTS Program Requirements § 422.7 Authorization to perfor...

From economics to resources: Teaching environmental sustainability in Peru's public education

Science.gov (United States)

Adriazola-Rodriguez, Ana

This dissertation examines the teaching of environmental awareness in Peru's public educational system and how it needs to be consciously taught and improved in order to overcome contamination and pollution of resources and decrease poverty. This is a situation afflicting a significant percentage of Peruvians, who face difficulty in surviving and living well because the scarcity of clean air and water, unpolluted land, and affordable energy, which are basic environmental resources. The teaching of environmental awareness, as mandated by Educational Peruvian Laws and curriculum, should be redesigned to promote environmental ethical awareness and sustainability to guard Peru's natural and cultural resources, bounty and beauty before it is too late. In this way, education will promote a better level of life for the majority of Peruvians. Peruvian public education is presently in a state of emergency, as has been recognized by the former minister of education Javier Sota Nadal (2004-2006). Only 10% of students leaving high school understand what they read and only 4% do well in mathematics. A number of reasons contribute to this tragedy. Among them is principally the low quality of teaching and the inadequate budget available for public education. Peru's laws, echoing the Universal Declaration of Human Rights, and mandate good and free education and guarantee the right to live well. The reality is that none of these rights are properly given to the majority of poor Peruvians. This dissertation offers a course of action to teach and spread out not only environmental awareness, but also environmental ethics and sustainability from a personal perspective. This rounded concept, if applied, will form citizens able to guard, protect, and preserve natural and cultural resources. The needed environmental ethics and sustainability education will gradually guarantee, from early in life, a truthful way to love, care, protect and preserve the ecosystem. Also encompassed within

Development of California Public Health Goals (PHGs) for chemicals in drinking water.

Science.gov (United States)

Howd, R A; Brown, J P; Morry, D W; Wang, Y Y; Bankowska, J; Budroe, J D; Campbell, M; DiBartolomeis, M J; Faust, J; Jowa, L; Lewis, D; Parker, T; Polakoff, J; Rice, D W; Salmon, A G; Tomar, R S; Fan, A M

2000-01-01

As part of a program for evaluation of environmental contaminants in drinking water, risk assessments are being conducted to develop Public Health Goals (PHGs) for chemicals in drinking water, based solely on public health considerations. California's Safe Drinking Water Act of 1996 mandated the development of PHGs for over 80 chemicals by 31 December 1999. The law allowed these levels to be set higher or lower than federal maximum contaminant levels (MCLs), including a level of zero if data are insufficient to determine a specific level. The estimated safe levels and toxicological rationale for the first 26 of these chemicals are described here. The chemicals include alachlor, antimony, benzo[a]pyrene, chlordane, copper, cyanide, dalapon, 1,2-dichlorobenzene, 1,4-dichlorobenzene, 2,4-D, diethylhexylphthalate, dinoseb, endothall, ethylbenzene, fluoride, glyphosate, lead, nitrate, nitrite, oxamyl, pentachlorophenol, picloram, trichlorofluoromethane, trichlorotrifluoroethane, uranium and xylene(s). These risk assessments are to be considered by the State of California in revising and developing state MCLs for chemicals in drinking water (which must not exceed federal MCLs). The estimates are also notable for incorporation or consideration of newer guidelines and principles for risk assessment extrapolations.

The Scope of State Aid and Public Service Obligation for Airports and Air Carriers in the Light of European Law

Directory of Open Access Journals (Sweden)

Grzegorz Zajac

2015-10-01

Full Text Available Public aid is the kind of advantage granted directly or indirectly for private companies from State resources. The European Commission prerogative to control the transfer of public resources by the public authorities (national or local for the benefit of private undertakings, as a general rule, there is an obligation of notification, as provided for in article 108 (3 of the Treaty on the Functioning of the European Union (TFEU. It should be noted in the beginning that State aid given to undertakings conducting economic activity is, in principle, incompatible with the European Union’ law, as provided for in article. 107 (1 of the TFEU. There are certain situations that the granting of public funds will not constitute “public aid” within the meaning of article 107 of the TFEU and, therefore, will not violate European rules in this field. One of them are activities related to the exercise of the prerogatives of the public authority (security, safety, customs, air traffic control. The other is related to the exercise of services in general economic interest. This could be an example of public service obligation (PSO. This service can be applied in the light of the provisions of European law on two types of action on air routes, and on airport managing body. The imposition of a PSO to the specified route is the support given by the State to the outermost regions that due to their unfavourable geographical position cannot fully develop economically, and no carrier had not been interested in performing air services to that region due to the lack of cost effectiveness. Some activities at the airport may be considered as activities of general economic interest.