WorldWideScience

Sample records for public laws mandating

  1. The Mandate System for the Belgian Public Prosecution

    Directory of Open Access Journals (Sweden)

    Bruno BROUCKER

    2009-12-01

    Full Text Available The law of 22 December 1998 introduced the mandate system for the heads of the Public Prosecution offices, which were appointed permanent before that. Theoretically, such a system needs to enhance, within the organization, effectiveness, efficiency, responsabilisation, and goal-orientation. However, the mandate system within the Belgian Public Prosecution was introduced prematurely, for dubious reasons and in a precipitate manner. In the current situation, the position of the mandate holder is uncertain, with a bounded autonomy and a low wage increase. Moreover, it remains impossible to intervene in the policy of appointed heads of office (during their mandate, the efficiency and effectiveness is only increased in some prosecution offices and a contract containing actual management responsibilities is absent. In sum: there is a large gap between the theoretical principles of mandate systems and the way it is introduced in the Belgian Public Prosecution.

  2. Mandating nutrient menu labeling in restaurants: potential public health benefits.

    Science.gov (United States)

    Stran, Kimberly A; Turner, Lori W; Knol, Linda

    2013-03-01

    Many Americans have replaced home-cooked meals with fast food and restaurants meals. This contributes to increased incidences of overweight and obesity. Implementing policies that require restaurants to disclose nutrition information has the potential to improve nutrition knowledge and food behaviors. The purpose of this paper was to examine the potential health benefits of nutrient menu labeling in restaurants, the progress of this legislation and to provide results regarding the implementation of these policies. Data sources were obtained from a search of multiple databases including PubMed, Science Direct, Academic Search Premier, and Google Scholar. Study inclusion criteria were publication in the past ten years, obesity prevention, and utilization of nutrition labeling on menus in restaurants. The initial policies to provide consumers with nutrition information in restaurant settings began at the state levels in 2006. These laws demonstrated success, other states followed, and a national law was passed and is being implemented. Mandating nutrient menu disclosure has the potential to influence a large number of people; this legislation has the opportunity to impact Americans who dine at a fast food or chain restaurant. Given the growing obesity epidemic, continued research is necessary to gauge the effectiveness of this new law and its effects on the health status of the American people.

  3. Recent publications on environmental law

    International Nuclear Information System (INIS)

    Lohse, S.

    1991-01-01

    The bibliography contains 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

  4. Discrimination in Public Employment: The Evolving Law.

    Science.gov (United States)

    McCarthy, Martha M.

    This monograph reviews the current status of constitutional, statutory, and case law governing public employers' obligations to assure equal employment opportunities and employees' rights to nondiscriminatory treatment. An initial overview of the legal framework discusses federal equal protection mandates including the guarantee of equal…

  5. Recent publications on environmental law

    International Nuclear Information System (INIS)

    Lohse, S.

    1988-01-01

    The bibliography contains 1235 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. (HP) [de

  6. Recent publications on environmental law

    International Nuclear Information System (INIS)

    Lohse, S.

    1989-01-01

    The bibliography contains 1160 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./HP) [de

  7. Do coverage mandates affect direct-to-consumer advertising for pharmaceuticals? Evidence from parity laws.

    Science.gov (United States)

    Nathenson, Robert; Richards, Michael R

    2018-01-29

    Direct-to-consumer advertising (DTCA) for prescription drugs is a relatively unique feature of the US health care system and a source of tens of billions of dollars in annual spending. It has also garnered the attention of researchers and policymakers interested in its implications for firm and consumer behavior. However, few economic studies have explored the DTCA response to public policies, especially those mandating coverage of these products. We use detailed advertising expenditure data to assess if pharmaceutical firms increase their marketing efforts after the implementation of relevant state and federal health insurance laws. We focus on mental health parity statutes and related drug therapies-a potentially ripe setting for inducing stronger consumer demand. We find no clear indication that firms expect greater value from DTCA after these regulatory changes. DTCA appears driven by other considerations (e.g., product debut); however, it remains a possibility that firms respond to these laws through other, unobserved channels (e.g., provider detailing).

  8. Improving coordinated responses for victims of intimate partner violence: law enforcement compliance with state-mandated intimate partner violence documentation.

    Science.gov (United States)

    Cerulli, Catherine; Edwardsen, Elizabeth A; Hall, Dale; Chan, Ko Ling; Conner, Kenneth R

    2015-07-01

    New York State law mandates specific intimate partner violence (IPV) documentation under all circumstances meeting the enumerated relationship and crime criteria at the scene of a domestic dispute. Law enforcement compliance with this mandate is unknown. We reviewed law enforcement completion rates of Domestic Violence Incident Reports (DVIRs) and assessed correlations with individual or legal factors. Law enforcement officers filed DVIRs in 54% of the cases (n = 191), more often when injury occurred (p < .01) and the defendant had prior court contact (p < .05). The discussion explores policy implications and potential means to rectify the gap between mandated processes and implementation. © The Author(s) 2015.

  9. The spillover effects of health insurance benefit mandates on public insurance coverage: Evidence from veterans.

    Science.gov (United States)

    Li, Xiaoxue; Ye, Jinqi

    2017-09-01

    This study examines how regulations in private health insurance markets affect coverage of public insurance. We focus on mental health parity laws, which mandate private health insurance to provide equal coverage for mental and physical health services. The implementation of mental health parity laws may improve a quality dimension of private health insurance but at increased costs. We graphically develop a conceptual framework and then empirically examine whether the regulations shift individuals from private to public insurance. We exploit state-by-year variation in policy implementation in 1999-2008 and focus on a sample of veterans, who have better access to public insurance than non-veterans. Using data from the Current Population Survey, we find that the parity laws reduce employer-sponsored insurance (ESI) coverage by 2.1% points. The drop in ESI is largely offset by enrollment gains in public insurance, namely through the Veterans Affairs (VA) benefit and Medicaid/Medicare programs. Copyright © 2017 Elsevier B.V. All rights reserved.

  10. Congress, courts, and commerce: upholding the individual mandate to protect the public's health.

    Science.gov (United States)

    Hodge, James G; Brown, Erin C Fuse; Orenstein, Daniel G; O'Keefe, Sarah

    2011-01-01

    Among multiple legal challenges to the Patient Protection and Affordable Care Act (PPACA) is the premise that PPACA's "individual mandate" (requiring all individuals to obtain health insurance by 2014 or face civil penalties) is inviolate of Congress' interstate commerce powers because Congress lacks the power to regulate commercial "inactivity." Several courts initially considering this argument have rejected it, but federal district courts in Virginia and Florida have concurred, leading to numerous appeals and prospective review of the United States Supreme Court. Despite creative arguments, the dispositive constitutional question is not whether Congress' interstate commerce power extends to commercial inactivity. Rather, it is whether Congress may regulate individual decisions with significant economic ramifications in the interests of protecting and promoting the public's health. This article offers a counter-interpretation of the scope of Congress' interstate commerce power to regulate in furtherance of the public's health. © 2011 American Society of Law, Medicine & Ethics, Inc.

  11. 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 ...

  12. 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.

  13. Perceptions of legally mandated public involvement processes in the U.S. Forest Service

    Science.gov (United States)

    S. Andrew Predmore; Marc J. Stern; Michael J. Mortimer; David N. Seesholtz

    2011-01-01

    Results from an agency-wide survey of U.S. Forest Service personnel indicate that respondents in our sample engage in National Environmental Policy Act (NEPA) public involvement processes primarily to accomplish two goals. The most commonly supported goal was to inform and disclose as mandated by the act. The other goal reflected interests in managing agency...

  14. 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

  15. Attorney work product privilege trumps mandated child abuse reporting law: The case of Elijah W. v. Superior Court.

    Science.gov (United States)

    Lareau, Craig R

    2015-01-01

    Forensic psychologists and psychiatrists are licensed in their respective professions, but they perform most of their work with attorneys in the legal arena. Both attorneys and mental health professionals place high value on confidentiality of information, reflected in the ethics of their professions and codified into laws governing their work. In psychology and psychiatry, there are some well-known exceptions to confidentiality; two primary exceptions include the mandated reporting of suspected child abuse and various "Tarasoff" duty to warn or protect laws. Generally, however, the corresponding duty for attorneys to report suspected child abuse or to warn or protect intended victims of threatened harm is not as extensive. This difference in mandated reporting responsibilities can create significant difficulties when attorneys need to retain forensic psychologists and psychiatrists to evaluate their clients, especially in criminal contexts. If the retained psychologist or psychiatrist is required to report suspected abuse or threatened harm, the attorney may be harming his or her client's legal interests by using the forensic psychologist or psychiatrist to evaluate his or her client. This article will briefly review the development of mandated reporting laws for psychologists and psychiatrists and juxtapose those with the legal and ethical requirements of confidentiality for attorneys embodied in the attorney-client privilege and attorney work product privilege. The article will then discuss the California Court of Appeals case in Elijah W. v. Superior Court, where the court addressed the issue of whether retained mental health professionals must report suspected child abuse and threatened harm to others as required by law or if they do not need to report because they come under the umbrella of the attorney work product privilege. This California court ultimately concluded that retained psychologists and psychiatrists work under the attorney work product

  16. The incorporation of public international law into municipal law and ...

    African Journals Online (AJOL)

    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 ...

  17. Certification of Public Librarians in the United States. A Detailed Summary of Legally Mandated and Voluntary Certification Plans for Public Librarians Based on Information Supplied by the Various Certificating State Agencies or Other Appropriate Sources. 3rd Edition.

    Science.gov (United States)

    Coe, Mary J., Ed.

    This report contains summaries of legally mandated and voluntary certification plans for public librarians in the United States based on information supplied by the various certifying state agencies or other appropriate sources in April 1979. Each plan is identified by the descriptive terms "mandatory" (certification required by law--23 states),…

  18. 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.

  19. 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

  20. 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)

  1. 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)

  2. 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...

  3. 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....

  4. From Public International to International Public Law: Translating World Public Opinion into International Public Authority

    NARCIS (Netherlands)

    von Bogdandy, A.; Goldmann, M.; Venzke, I.

    This article argues that increasing demands in world public opinion for legitimate and effective international institutions require a paradigm shift in public international law. There is a part of public international law that should be better understood as international public law because it

  5. 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 ...

  6. 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…

  7. 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

  8. 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.

  9. 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.

  10. Nurse Reinvestment Act. Public Law.

    Science.gov (United States)

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

    This document contains the text of the Nurse Reinvestment Act, which amends the Public Health Service Act to address the increasing shortage of registered nurses by instituting a series of policies to improve nurse recruitment and nurse retention. Title I details two initiatives to boost recruitment of nurses. The first initiative includes the…

  11. 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....

  12. 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.

  13. 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.

  14. 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.

  15. National public health law: a role for WHO in capacity-building and promoting transparency

    Science.gov (United States)

    Tsai, Feng-jen; Anderson, Evan; Kastler, Florian; Sprumont,, Dominique; Burris, Scott

    2016-01-01

    Abstract A robust health infrastructure in every country is the most effective long-term preparedness strategy for global health emergencies. This includes not only health systems and their human resources, but also countries’ legal infrastructure for health: the laws and policies that empower, obligate and sometimes limit government and private action. The law is also an important tool in health promotion and protection. Public health professionals play important roles in health law – from the development of policies, through their enforcement, to the scientific evaluation of the health impact of laws. Member States are already mandated to communicate their national health laws and regulations to the World Health Organization (WHO). In this paper we propose that WHO has the authority and credibility to support capacity-building in the area of health law within Member States, and to make national laws easier to access, understand, monitor and evaluate. We believe a strong case can be made to donors for the funding of a public health law centre or unit, that has adequate staffing, is robustly networked with its regional counterparts and is integrated into the main work of WHO. The mission of the unit or centre would be to define and integrate scientific and legal expertise in public health law, both technical and programmatic, across the work of WHO, and to conduct and facilitate global health policy surveillance. PMID:27429492

  16. National public health law: a role for WHO in capacity-building and promoting transparency.

    Science.gov (United States)

    Marks-Sultan, Géraldine; Tsai, Feng-Jen; Anderson, Evan; Kastler, Florian; Sprumont, Dominique; Burris, Scott

    2016-07-01

    A robust health infrastructure in every country is the most effective long-term preparedness strategy for global health emergencies. This includes not only health systems and their human resources, but also countries' legal infrastructure for health: the laws and policies that empower, obligate and sometimes limit government and private action. The law is also an important tool in health promotion and protection. Public health professionals play important roles in health law - from the development of policies, through their enforcement, to the scientific evaluation of the health impact of laws. Member States are already mandated to communicate their national health laws and regulations to the World Health Organization (WHO). In this paper we propose that WHO has the authority and credibility to support capacity-building in the area of health law within Member States, and to make national laws easier to access, understand, monitor and evaluate. We believe a strong case can be made to donors for the funding of a public health law centre or unit, that has adequate staffing, is robustly networked with its regional counterparts and is integrated into the main work of WHO. The mission of the unit or centre would be to define and integrate scientific and legal expertise in public health law, both technical and programmatic, across the work of WHO, and to conduct and facilitate global health policy surveillance.

  17. Impact of a private health insurance mandate on public sector autism service use in Pennsylvania.

    Science.gov (United States)

    Stein, Bradley D; Sorbero, Mark J; Goswami, Upasna; Schuster, James; Leslie, Douglas L

    2012-08-01

    Many states have implemented regulations (commonly referred to as waivers) to increase access to publicly insured services for autism spectrum disorders (ASD). In recent years, several states have passed legislation requiring improved coverage for ASD services by private insurers. This study examines the impact of such legislation on use of Medicaid-funded ASD services. We used Medicaid claims data from July 1, 2006, through June 30, 2010, to identify children with ASD and to assess their use of behavioral health services and psychotropic medications. Service and medication use were examined in four consecutive 12-month periods: the 2 years preceding passage of the legislation, the year after passage but before implementation, and the year after implementation. We examined differences in use of services and medications, and used growth rates from nonwaiver children to estimate the impact of the legislation on Medicaid spending for waiver-eligible children with ASD. The number of children with ASD receiving Medicaid services increased 20% from 2006-2007 to 2009-2010. The growth rate among children affected by the legislation was comparable to that of other groups before passage of the legislation but decreased after the legislation's passage. We project that, without the legislation, growth in this population would have been 46% greater in 2009-2010 than observed, associated with spending of more than $8 million in 2009-2010. Passage of legislation increasing private insurance coverage of ASD services may decrease the number of families seeking eligibility to obtain Medicaid-funded services, with an associated substantial decrease in Medicaid expenditures. Copyright © 2012 American Academy of Child and Adolescent Psychiatry. Published by Elsevier Inc. All rights reserved.

  18. 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.

  19. 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.

  20. 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

  1. 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

  2. Transitions in state public health law: comparative analysis of state public health law reform following the Turning Point Model State Public Health Act.

    Science.gov (United States)

    Meier, Benjamin Mason; Hodge, James G; Gebbie, Kristine M

    2009-03-01

    Given the public health importance of law modernization, we undertook a comparative analysis of policy efforts in 4 states (Alaska, South Carolina, Wisconsin, and Nebraska) that have considered public health law reform based on the Turning Point Model State Public Health Act. Through national legislative tracking and state case studies, we investigated how the Turning Point Act's model legal language has been considered for incorporation into state law and analyzed key facilitating and inhibiting factors for public health law reform. Our findings provide the practice community with a research base to facilitate further law reform and inform future scholarship on the role of law as a determinant of the public's health.

  3. 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…

  4. 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…

  5. Contract and tort law aspects of the performance of duties of notaries public: Principles of the law pertaining to notaries public, notarial deed and liability of notaries public according to the Serbian law

    Directory of Open Access Journals (Sweden)

    Salma Jožef

    2012-01-01

    Full Text Available In this paper the author analyzes the effective Serbian rules of law on notaries public, in comparative perspective. The principles of law pertaining to notaries, the notarial deed and the legal nature of the notaries' liability for damages are discussed. Special emphasis is given to the principles of public confidence, legality, professionalism, formalism and independence, from which the notaries' liability for damages caused to clients and third parties derives. Although the notaries public are independent, hence they are not subordinate to any judicial or administrative organ, their liability for damages is analogous to the liability of administrative organs, whereby the condition of filing a legal remedy is construed in a fairly broad sense, that is any remark of the client disclosed to the notary is considered as filing a legal remedy. The author's standpoint is that the legal nature of notary's liability is either contractual or delictual, depending on whether the notary infringed a clause of the mandate of the client, which serves as the legal ground of his/her actions, or mandatory rules, that is the statutory requirement of acting in good faith. Besides general rules on the requirements of form of juridical acts (essential form, facultative form, the subject of analysis are also the rules on exclusive and alternative (competing forms of notarial deeds. The effective Serbian law on notaries public envisages the form of notarial deeds and private instruments predominantly as alternative forms, that is a specific kind of deed has the same legal effect, regardless whether it is drafted by a notary or concluded in court.

  6. 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

  7. 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

  8. 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...

  9. 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....

  10. 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,.

  11. 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. ...

  12. 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

  13. 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)

  14. Bioterrorism, public health, and the law.

    Science.gov (United States)

    Bayer, Ronald; Colgrove, James

    2002-01-01

    The controversy over the Model State Emergency Health Powers Act has underscored the enduring tension in public health between guarding the common welfare and respecting individual liberty. The current version of the act, crafted in response to extensive public commentary, attempts to strike a balance between these values but has failed to allay the concerns of many civil libertarians and privacy advocates. Although the debates over the model act have been triggered by the threat of bioterrorism, they illustrate broader philosophical differences, with profound implications for all realms of public health policy.

  15. 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.

  16. Public Employment Services and European Law

    DEFF Research Database (Denmark)

    Freedland, Mark; Craig, Paul; Jacqueson, Catherine

    jobformidling i EU: institutioner, aktiviteter og regulering - økonomisk/social regulering, privat/offentlig aktivitet - EU-ret - komparativ ret: Danmark, Frankrig, England, Tyskland og Italien - EU kompetence, sociale anliggende og offentlige tjenesteydelser - "Public service" modeler i EU - reg...... - regulerings teknikker og "governance" - jobformidling som "public service" - udlicitering - aktivering - uddanneslsestilbud - menneskerettigheder - "making work pay" - forholdet mellem jobmidlingsinstitutioner og den arbejdssøgende...

  17. 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.

  18. 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

  19. 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

  20. 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.

  1. 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

  2. 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 ...

  3. 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…

  4. 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…

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. 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…

  12. 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

  13. 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.

  14. 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

  15. 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.

  16. 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...

  17. 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

  18. 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

  19. 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?

  20. 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.

  1. 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…

  2. 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

  3. 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

  4. 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

  5. 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

  6. 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

  7. 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

  8. 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.…

  9. 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.

  10. 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.

  11. 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.

  12. 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.

  13. 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.)

  14. 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.

  15. 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...

  16. 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…

  17. 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…

  18. 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.

  19. 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…

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

    African Journals Online (AJOL)

    ADEYEYE

    2015-02-16

    Feb 16, 2015 ... the Meat Law (1968), Food and Drug Act (1974) and Animal Diseases (Control) ... production and processing are coordinated for the benefits and health of the ..... Pp 191-210. ... Ouedraogo JB, Maikano I, Mbah PO, Kremer.

  1. 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

  2. 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...

  3. 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...

  4. 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…

  5. Comments on the Law on CSN Fees and Public Prices

    International Nuclear Information System (INIS)

    Azuara, J. A.

    1999-01-01

    The article reviews the main modifications introduced by the Law on CSN Fees in the agency's financing system which is based on charging service rendering fees. The new regulations adjust the fees to the actual cost of services and lays down conditions for setting the fees in each case. (Author)

  6. Knowledge acquisition from sources of law in public administration

    NARCIS (Netherlands)

    Boer, A.; van Engers, T.

    2010-01-01

    Knowledge acquisition from text, and sources of law in particular, is a well established technique. Text is even - certainly in the context of the Semantic Web - increasingly conceived of as a raw knowledge resource that can be mined for knowledge routinely and automatically. As experience by large

  7. 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

    OpenAIRE

    Callard, C; Thompson, D; Collishaw, N

    2005-01-01

    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 othe...

  8. 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.

  9. 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...

  10. 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...

  11. 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.

  12. International law, public health, and the meanings of pharmaceuticalization.

    Science.gov (United States)

    Cloatre, Emilie; Pickersgill, Martyn

    2014-10-02

    Recent social science scholarship has employed the term "pharmaceuticalization" in analyses of the production, circulation and use of drugs. In this paper, we seek to open up further discussion of the scope, limits and potential of this as an analytical device through consideration of the role of law and legal processes in directing pharmaceutical flows. To do so, we synthesize a range of empirical and conceptual work concerned with the relationships between access to medicines and intellectual property law. This paper suggests that alongside documenting the expansion or reduction in demand for particular drugs, analysts of pharmaceuticalization attend to the ways in which socio-legal developments change (or not) the identities of drugs, and the means through which they circulate and come to be used by states and citizens. Such scholarship has the potential to more precisely locate the biopolitical processes that shape international agendas and targets, form markets, and produce health.

  13. Linking Public Administration and Law Studies within European Union

    Directory of Open Access Journals (Sweden)

    Mihaela V. Cărăuşan

    2012-05-01

    Full Text Available The year 1987 represented for us, scholars, the turning point for the Europeanization of highdegree studies. The European Region Action Scheme for the Mobility of University Students (ERASMUS isa European Union student exchange program which has proved its utility in the last two decade. The publicadministration and law studies are two of the fields of studies which have benefited from the ERASMUSProgramme. In this respect we will try to learn the lesson of internationalization from the European contactthrough ERASMUS programme. The ‘win win’ for students is not just in the increase of knowledge in thearea of administrative sciences and law, but also in the share of cultures. The ERASMUS gives students abetter sense of what it means to be a European citizen. In addition, many employers highly value such aperiod abroad, which increases the students’ employability and job prospects.

  14. Environmental penal law - sword of Damocles above public officials?

    International Nuclear Information System (INIS)

    Fuehren, K.H.

    1987-01-01

    An office-holder is subject to punishableness according to art. 324 seq. Penal Code under the same conditions as a citizen. If the office-holder does not intervene in case of environmental delicts, the omission of a required measure is concerned. The constitutional supplement of art. 20 Fundamental Law will have for consequence a further aggravation of the punishableness of office-holders. (CW) [de

  15. 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...

  16. 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 ...

  17. 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.

  18. 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.

  19. 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.

  20. 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.

  1. 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

  2. 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.

  3. 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...

  4. 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…

  5. 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

  6. 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…

  7. Mandatory rules and public policy in international contract law

    Czech Academy of Sciences Publication Activity Database

    Pauknerová, Monika

    -, č. 11 (2010), s. 29-43 ISSN 1612-3093 R&D Projects: GA ČR GA407/08/0188 Institutional research plan: CEZ:AV0Z70680506 Keywords : mandatory rules * public policy * Rome Convention Subject RIV: AG - Legal Sciences

  8. Under the Law: Vouchers Multiply Even without Public Support

    Science.gov (United States)

    Underwood, Julie

    2015-01-01

    Public funding of private K-12 schooling through vouchers continues to be a contentious issue across the U.S., even though a solid majority of Americans continues to oppose them. The voucher plans run the risk of legal challenge for how they handle the rights of students with disabilities and whether they violate state constitutional provisions…

  9. Governing GMOs in the USA: science, law and public health.

    Science.gov (United States)

    Yang, Y Tony; Chen, Brian

    2016-04-01

    Controversy surrounds the production and consumption of genetically modified organisms (GMOs). Proponents argue that GMO food sources represent the only viable solution to food shortages in an ever-growing global population. Science reports no harm from GMO use and consumption so far. Opponents fear the potentially negative impact that GMO development and use could have on the environment and consumers, and are concerned about the lack of data on the long-term effects of GMO use. We discuss the development of GMO food sources, the history of legislation and policy for the labeling requirements of GMO food products, and the health, environmental, and legal rationale for and against GMO food labeling. The Food and Drug Administration regulates food with GMOs within a coordinated framework of federal agencies. Despite mounting scientific evidence that GMO foods are substantially equivalent to traditionally bred food sources, debate remains over the appropriateness of GMO food labeling. In fact, food manufacturers have mounted a First Amendment challenge against Vermont's passage of a law that requires GMO labeling. Mandatory GMO labeling is not supported by science. Compulsory GMO labels may not only hinder the development of agricultural biotechnology, but may also exacerbate the misconception that GMOs endanger people's health. © 2015 Society of Chemical Industry.

  10. 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.

  11. 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.

  12. 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.

  13. The Law on Precautionary Radiation Protection prevents public health protection

    International Nuclear Information System (INIS)

    Clauss, A.

    1986-01-01

    On the occasion of the discussion by the German Bundesrat of the bill on Precautionary Radiation Protection, the Hessian Minister of Social Affairs denied his approval of the bill on the grounds that there are serious and numerous flaws. He considered the bill to be a more dummy put up for election propaganda, as he could not find any substantive provisions in it. The Minister in his speech explained this opinion, saying that the bill does not provide for the protection of public health, nor create the necessary conditions for an effective and coordinated emergency control in case of a radiation accident. He declared the bill to be just an instrument of warding off danger that in essence curtails important rights of participation of the Laender. (HSCH) [de

  14. 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...

  15. 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,…

  16. 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.

  17. 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...

  18. 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.

  19. 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

  20. 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

  1. 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…

  2. 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...

  3. 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...

  4. 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…

  5. 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…

  6. 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...

  7. 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...

  8. 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

  9. 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.

  10. 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.

  11. 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.

  12. 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.

  13. 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…

  14. A 'Scottish Poor Law of Lunacy'? Poor Law, Lunacy Law and Scotland's parochial asylums.

    Science.gov (United States)

    Farquharson, Lauren

    2017-03-01

    Scotland's parochial asylums are unfamiliar institutional spaces. Representing the concrete manifestation of the collision between two spheres of legislation, the Poor Law and the Lunacy Law, six such asylums were constructed in the latter half of the nineteenth century. These sites expressed the enduring mandate of the Scottish Poor Law 1845 over the domain of 'madness'. They were institutions whose very existence was fashioned at the directive of the local arm of the Poor Law, the parochial board, and they constituted a continuing 'Scottish Poor Law of Lunacy'. Their origins and operation significantly subverted the intentions and objectives of the Lunacy Act 1857, the aim of which had been to institute a public district asylum network with nationwide coverage.

  15. 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

  16. 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

  17. Parkinson's Law and the New Public Managment? Contracting Determinants and Service Quality Consequences in Public Education.

    NARCIS (Netherlands)

    O'Toole, Laurence J.; Meier, Kenneth J.

    2004-01-01

    Public administration writers, with some notable exceptions, generally have not paid a great deal of attention to the history of ideas. However, public administration inquiry is profoundly affected by longstanding political and social ideas. This article shows how the idea of the state as a

  18. Roman Engineering, Public Works and Importance of Public Objects in Roman Law

    Directory of Open Access Journals (Sweden)

    Vanessa Ponte-Arrebola

    2017-01-01

    Full Text Available The skill and ability of the Romans in civil engineering and public works largely contributed to the establishment and success of their civilization. Many of the constructed works were built for the possibility of public use and enjoyment by its citizens, known as res publicae in usu publico.

  19. 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.

  20. 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.

  1. 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

  2. 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).

  3. 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

  4. 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…

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. 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.

  12. 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.

  13. 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.

  14. 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.

  15. 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.

  16. 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.

  17. 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.

  18. 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.

  19. 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.

  20. 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.

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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.

  11. 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.

  12. 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.

  13. 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.

  14. 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.

  15. 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.

  16. 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.

  17. 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.

  18. 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.

  19. 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.

  20. 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.

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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...

  6. 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?

  7. 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.

  8. 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.

  9. Autism Spectrum Disorder and New Jersey Administrative Law Decisions: An Analysis of Case Law Involving Public School Students

    Science.gov (United States)

    Barcadepone, Michael J.

    2012-01-01

    The purpose of this case study was to investigate existing New Jersey case law for the special education population classified as Autism Spectrum Disorder (ASD) and analyze New Jersey Administrative Law Judge (ALJ) decisions to identify why districts win or lose cases, adding to the limited body of research in New Jersey. In addition, the purpose…

  10. International Law and the Society of Nations: An Introduction to Public International Law in the 1990s. Cases and Materials.

    Science.gov (United States)

    King, Jason Scott, Ed.; Scurti, Jason, Ed.; And Others

    This casebook on international law was developed by high school students around the globe and emphasizes the important role that students can play in furthering international law education. The text provides teachers and students with a summary review of 25 major cases heard by the International Court of Justice, along with additional materials.…

  11. 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)

  12. 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...

  13. 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.

  14. 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.

  15. 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...

  16. 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...

  17. 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...

  18. [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.

  19. 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...

  20. Obesity in Europe: The Strategy of the European Union from a Public Health Law Perspective

    DEFF Research Database (Denmark)

    Faeh, Andrea

    2012-01-01

    of the Union and from a public health law perspective, in order to scrutinise the effectiveness of the measures and to identify shortcomings in the White Paper. One focus of this article will be European food legislation, as food is one of the leading causes of people being overweight or obese.......In 2007 the European Commission published a White Paper on a “Strategy on nutrition, overweight and obesity”, proposing measures to impede the current trend towards a steady gain in weight by Union citizens. In this article, these ideas are discussed critically in the light of the competences...

  1. Problems raised by participation of foreign citizens in national licensing procedures - aspects of public international law

    International Nuclear Information System (INIS)

    Pelzer, N.

    1983-01-01

    In western Europe persons living in border areas increasingly ask for participation in national licensing procedures for nuclear installations to be erected close to the border in neighbouring countries. National practices vary in this matter. Whilst many countries concede rights of participation to foreign citizens in the border areas, the Federal Republic of Germany, e.g., denies foreign citizens direct participation. The paper enquires into the connected problems of public international law and pertinent international treaties and international customary low are examined. (NEA) [fr

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

    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 is the appendices to a companion report, 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.

  3. 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.

  4. 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

  5. [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.

  6. 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)

  7. [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.

  8. 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

  9. 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

  10. 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.

  11. 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...

  12. 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…

  13. 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…

  14. 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...

  15. Cannabis, pesticides and conflicting laws: the dilemma for legalized States and implications for public health.

    Science.gov (United States)

    Stone, Dave

    2014-08-01

    State laws on the legalization of medical and recreational cannabis are rapidly evolving. Similar to other crops, cannabis is susceptible to multiple pests during cultivation. Growers have an economic incentive to produce large yields and high quality plants, and may resort to pesticides to achieve these outcomes. Currently, there are no pesticides registered for cannabis in the United States, given its illegal status by the federal government. This discrepancy creates a regulatory vacuum and dilemma for States with legal medical and recreational cannabis that seek to balance lawful compliance with pesticides and worker or public health. Pesticide use presents occupational safety issues that can be mitigated through established worker protection measures. The absence of approved products for cannabis may result in consumer exposures to otherwise more hazardous pesticides or higher residue levels. While many legal and scientific hurdles exist to register conventional pesticides for use on cannabis, legalized States have explored other opportunities to leverage the present regulatory infrastructure. Stakeholder engagement and outreach to the cannabis industry from credible sources could mitigate pesticide misuse and harm. Copyright © 2014 Elsevier Inc. All rights reserved.

  16. 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…

  17. 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

  18. 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

  19. 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.

  20. 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.

  1. 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.

  2. International trade and investment law: a new framework for public health and the common good.

    Science.gov (United States)

    Delany, Louise; Signal, Louise; Thomson, George

    2018-05-08

    International trade and investment agreements can have positive outcomes, but also have negative consequences that affect global health and influence fundamental health determinants: poverty, inequality and the environment. This article proposes principles and strategies for designing future international law to attain health and common good objectives. Basic principles are needed for international trade and investment agreements that are consistent with the common good, public health, and human rights. These principles should reflect the importance of reducing inequalities, along with social and environmental sustainability. Economic growth should be recognised as a means to common good objectives, rather than an end in itself. Our favoured approach is both radical and comprehensive: we describe what this approach would include and outline the strategies for its implementation, the processes and capacity building necessary for its achievement, and related governance and corporate issues. The comprehensive approach includes significant changes to current models for trade and investment agreements, in particular (i) health, social and environmental objectives would be recognised as legitimate in their own right and implemented accordingly; (ii) changes to dispute-resolution processes, both state-to-state and investor-state; (iii) greater deference to international legal frameworks for health, environmental protection, and human rights; (iv) greater coherence across the international law framework; (v) limitations on investor privileges, and (vi) enforceable corporate responsibilities for contributing to health, environmental, human rights and other common good objectives. We also identify some limited changes that could be considered as an alternative to the proposed comprehensive approach. Future research is needed to develop a range of model treaties, and on the means by which such treaties and reforms might be achieved. Such research would focus also on

  3. 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...

  4. 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

  5. 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

  6. 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

  7. Minimum Wage Laws: Who Benefits, Who Loses? Series on Public Issues No. 2.

    Science.gov (United States)

    Hobson, Margaret Jane; Maurice, S. Charles

    It is the thesis of this booklet, one of a series intended to apply economic principles to major social and political issues of the day, that minimum wage laws actually hurt those whom such laws are designed to help. From this point of departure, separate subsections examine economic implications of minimum wage laws, including discussion of what…

  8. 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.

  9. [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.

  10. 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.

  11. 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.

  12. 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

  13. 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.…

  14. 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...

  15. 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...

  16. 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...

  17. 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...

  18. 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...

  19. 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...

  20. 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.

  1. 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.

  2. Perspective of public law in rearrangement of profit sharing system agricultural land in Indonesia

    Science.gov (United States)

    Tamsil; Susilowati, IF; Wardhana, M.

    2018-01-01

    Review of the Shared Revenue Act for better regulatory system is an important issue as a more realistic and highly feasible agrarian reform policy. The rearrangement of agricultural land tenure systems is difficult to implement because it must be done simultaneously and thoroughly plus the support of large economic and political cost allocations; Instead, allowing the use of land in market mechanisms violating the principles of fairness on profit sharing. So it needs agrarian policies that are gradual and more realistic, such as revision of Act on profit sharing. In the previous research, the characteristics of the land sharing system in Indonesia are: (1) The Revenue Sharing Agreement is seen as a personal relationship subject to the private of law, not public rules; (2) found character of unequal Patron-client relationship between landowner and farmer; (3) Different revenue sharing systems and tend to position smallholders as weak and defeated. This study aims to discuss the State’s ‘interference’ in changing the profit sharing system by limiting individual freedom on the basis of a ‘new’ perspective of profit sharing as a relative legal relation. In the future, the profit-sharing system should be able to provide legal protection for farmers, as well as landowners.

  3. 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…

  4. 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…

  5. 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.  

  6. 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...

  7. 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.

  8. 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.

  9. 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...

  10. 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…

  11. Recent publications on environmental law. Bibliography covering the period July 1, 1991 till June 30, 1992; Neue Literatur zum Umweltrecht. Veroeffentlichungen im Zeitraum vom 1.7.1991 bis zum 30.6.1992

    Energy Technology Data Exchange (ETDEWEB)

    Lohse, S. [comp.; Doerner, E. [comp.

    1992-08-01

    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.) [Deutsch] Die Bibliographie enthaelt 1685 Literaturzitate zu folgenden Themen: Umweltschutz im allgemeinen; Umweltverfassungsrecht, -verwaltungsrecht, -prozessrecht, -finanzrecht, -strafrecht, -privatrecht, -arbeitsrecht; Recht der raeumlichen Entwicklung; Naturpflegerecht; Gewaesserschutzrecht; Abfallrecht; Immissionsschutzrecht; Atom- und Strahlenschutzrecht; Energie- und Bergrecht, Gefahrstoff- und Umweltgesundheitsrecht. (orig.)

  12. 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...

  13. 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.

  14. 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...

  15. 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...

  16. 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...

  17. 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...

  18. 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...

  19. 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...

  20. 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...

  1. Effective Enforcement of Consumer Law in Europe: Synchronizing Private, Public, and Collective Mechanisms

    NARCIS (Netherlands)

    W.H. van Boom (Willem); M.B.M. Loos (Marco)

    2008-01-01

    textabstractIn this paper, we argue that there is a need for collective enforcement of consumer law in Europe. We evaluate a number of legal instruments that already have been developed to this end in European law and domestic legal systems. Furthermore, we make suggestions for further policy

  2. Selected Laws Relating to the Construction and Repair of Public School Facilities in North Carolina.

    Science.gov (United States)

    North Carolina State Dept. of Public Instruction, Raleigh.

    Schools in North Carolina are governed by numerous laws pertaining to construction and repair. A selection of these laws is presented. Financial concerns constitute the bulk of these statutes, covering areas such as bids (financial outlay, advertisement, rejecting bids, and withdrawing bids); sources of state funds; the selling or buying of school…

  3. 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

  4. 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…

  5. 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.

  6. 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.

  7. 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

  8. 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 ...

  9. 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.

  10. The new Israeli feed safety law: challenges in relation to animal and public health.

    Science.gov (United States)

    Barel, Shimon; Elad, Dani; Cuneah, Olga; Shimshoni, Jakob A

    2017-03-01

    The Israeli feed safety legislation, which came to prominence in the early 1970s, has undergone a major change from simple feed safety and quality regulations to a more holistic concept of control of feed safety and quality throughout the whole feed production chain, from farm to the end user table. In February 2014, a new law was approved by the Israeli parliament, namely the Control of Animal Feed Law, which is expected to enter into effect in 2017. The law is intended to regulate the production and marketing of animal feed, guaranteeing the safety and quality of animal products throughout the production chain. The responsibility on the implementation of the new feed law was moved from the Plant Protection Inspection Service to the Veterinary Services and Animal Health. In preparation for the law's implementation, we have characterized the various sources and production lines of feed for farm and domestic animals in Israel and assessed the current feed safety challenges in terms of potential hazards or undesirable substances. Moreover, the basic requirements for feed safety laboratories, which are mandatory for analyzing and testing for potential contaminants, are summarized for each of the contaminants discussed. © 2016 Society of Chemical Industry. © 2016 Society of Chemical Industry.

  11. 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.

  12. 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.

  13. Public-private partnerships and responsibility under international law: a global health perspective

    NARCIS (Netherlands)

    Clarke, L.

    2014-01-01

    Partnerships between the public and private sectors are an increasingly accepted method to deal with pressing global issues, such as those relating to health. Partnerships, comprised of states and international organizations (public sector) and companies, non-governmental organizations, research

  14. 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.

  15. Results of Review of the Implementation of Public Law 98-94 for Air Force Retirees

    National Research Council Canada - National Science Library

    1993-01-01

    ... of P.L. 98-94 was not fully implemented in a timely manner. We also believe there was no intentional disregard of the law by management at the Defense Finance and Accounting Service-Denver Center. Scope of Review...

  16. Law, Public Interest and Interpretation: Prolegomena of a Normative Framework on Administrative Discretion in the EU

    NARCIS (Netherlands)

    Mendes, J.

    2014-01-01

    It is conventionally assumed that administrative discretionary decisions are determined by political and expert-driven considerations and that law’s structuring and constraining capacity in that regard is and should be limited. Law defines a space within which discretionary choices are irrelevant to

  17. 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...

  18. Is Mandatory Prospective Trial Registration Working to Prevent Publication of Unregistered Trials and Selective Outcome Reporting? An Observational Study of Five Psychiatry Journals That Mandate Prospective Clinical Trial Registration.

    Directory of Open Access Journals (Sweden)

    Amelia Scott

    Full Text Available To address the bias occurring in the medical literature associated with selective outcome reporting, in 2005, the International Committee of Medical Journal Editors (ICMJE introduced mandatory trial registration guidelines and member journals required prospective registration of trials prior to patient enrolment as a condition of publication. No research has examined whether these guidelines are impacting psychiatry publications. Our objectives were to determine the extent to which articles published in psychiatry journals adhering to ICMJE guidelines were correctly prospectively registered, whether there was evidence of selective outcome reporting and changes to participant numbers, and whether there was a relationship between registration status and source of funding.Any clinical trial (as defined by ICMJE published between 1 January 2009 and 31 July 2013 in the top five psychiatry journals adhering to ICMJE guidelines (The American Journal of Psychiatry, Archives of General Psychiatry/JAMA Psychiatry, Biological Psychiatry, Journal of the American Academy of Child and Adolescent Psychiatry, and The Journal of Clinical Psychiatry and conducted after July 2005 (or 2007 for two journals was included. For each identified trial, where possible we extracted trial registration information, changes to POMs between publication and registry to assess selective outcome reporting, changes to participant numbers, and funding type.Out of 3305 articles, 181 studies were identified as clinical trials requiring registration: 21 (11.6% were deemed unregistered, 61 (33.7% were retrospectively registered, 37 (20.4% had unclear POMs either in the article or the registry and 2 (1.1% were registered in an inaccessible trial registry. Only 60 (33.1% studies were prospectively registered with clearly defined POMs; 17 of these 60 (28.3% showed evidence of selective outcome reporting and 16 (26.7% demonstrated a change in participant numbers of 20% or more; only 26 (14

  19. 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...

  20. 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.

  1. The 'full liberty of public writers': special treatment of journalism in English law

    OpenAIRE

    2014-01-01

    This thesis investigates whether institutional journalism should receive special treatment at the hands of the law. Special treatment encompasses the affording of benefits to and the imposition of liabilities on journalistic institutions and the individuals who work for them. The arguments against special treatment are pragmatic and theoretical: pragmatic arguments emphasise, inter alia, the difficulty of providing a definition of journalism, and theoretical arguments emphasise the difficulty...

  2. 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.

  3. Anonymous birth law saves babies--optimization, sustainability and public awareness.

    Science.gov (United States)

    Grylli, Chryssa; Brockington, Ian; Fiala, Christian; Huscsava, Mercedes; Waldhoer, Thomas; Klier, Claudia M

    2016-04-01

    The aims of this study are to assess the impact of Austria's anonymous birth law from the time relevant statistical records are available and to evaluate the use of hatches versus anonymous hospital delivery. This study is a complete census of police-reported neonaticides (1975-2012) as well as anonymous births including baby hatches in Austria during 2002-2012. The time trends of neonaticide rates, anonymous births and baby hatches were analysed by means of Poisson and logistic regression model. Predicted and observed rates were derived and compared using a Bayesian Poisson regression model. Predicted numbers of neonaticides for the period of the active awareness campaign, 2002-2004, were more than three times larger than the observed number (p = 0.0067). Of the 365 women who benefitted from this legislation, only 11.5% chose to put their babies in a baby hatch. Since the law was introduced, a significant decreasing tendency of numbers of anonymous births (p = 047) was observed, while there was significant increase of neonaticide rates (p = 0.0001). The implementation of the anonymous delivery law is associated with a decrease in the number of police-reported neonaticides. The subsequent significantly decreasing numbers of anonymous births with an accompanying increase of neonaticides represents additional evidence for the effectiveness of the measure.

  4. Policy Entrepreneurs and the Design of Public Policy: The Case of the National Health Insurance Law in Israel

    Directory of Open Access Journals (Sweden)

    NISSIM COHEN

    2012-07-01

    Full Text Available How do policy entrepreneurs implement in practice the things theory suggests they should do? This article suggests various insightsinto the influence of policy entrepreneurs on the formulation of public policy. Using a broad definition of the concept of policyentrepreneur, the article identifies the main characteristics of entrepreneurial activities, describes various strategies that the policyentrepreneur may employ, and develops a model of successful and effective policy entrepreneurship. Using an analysis of the designof the Israel National Health Law of 1994 as a case study, the article emphasizes the importance of policy entrepreneurs in thepublic policy arena and provides several insights into the conditions for their activity, their motivations and main strategies.

  5. The Ontario Energy Board's proposed new mandate

    International Nuclear Information System (INIS)

    Laughren, F.

    1998-01-01

    The Ontario Energy Board's proposed new mandate was reviewed. The role of the Board will be to regulate the monopoly delivery components of the electricity and natural gas industry and to smooth the transition to competition. The Board will monitor market performance and will encourage electricity and natural gas monopoly services to be compatible where possible. The Board will also assist local restructuring efforts when called upon do so and ensure that the marketplace operates efficiently and effectively. Gas marketers' licensing is scheduled to begin in early 1999. Licenses will also apply to the electric industry. The objectives of the proposed licensing, the regulatory requirements and the proposed regulatory approach are described

  6. 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.

  7. 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.

  8. 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...

  9. 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,…

  10. 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.

  11. Hacking the Silos: Eliminating Information Barriers Between Public Health and Law Enforcement

    Science.gov (United States)

    2018-03-01

    Organization, is “a state of complete physical , mental and social well-being and not merely the absence of disease or infirmity.”6 Public health , on the...has been reluctance on the part of our health sector partners to “ physically ” place any of their personnel in the fusion center—even on a temporary...incorporate at least a part-time physical presence with public health in this center. Steps were taken several years ago, with a person from public

  12. 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

  13. 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

  14. 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.

  15. 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.

  16. [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.

  17. Trade and health: how World Trade Organization (WTO) law affects alcohol and public health.

    Science.gov (United States)

    Baumberg, Ben; Anderson, Peter

    2008-12-01

    The alcohol field is becoming more aware of the consequences of world trade law for alcohol policies. However, there is a need for greater clarity about the different effects of trade on alcohol-related harm. A comprehensive review of all literature on alcohol and world trade [including World Trade Organization (WTO) disputes on alcohol], supported by a more selective review of other relevant cases, academic reports and the grey literature on trade and health. The burden of WTO law on alcohol policies depends upon the type of policy in question. Purely protectionist policies are likely to be struck down, which may lead to increases in alcohol-related harm. Partly protectionist and partly health-motivated policies are also at risk of being struck down. However, purely health-motivated policies are likely to be defended by the WTO-and to the extent that policy makers misunderstand this, they are needlessly avoiding effective ways of reducing alcohol-related harm. WTO agreements contain genuine and substantial risks to alcohol policies, and various ways of minimizing future risks are suggested. However, the 'chilling effect' of mistakenly overestimating these constraints should be avoided. Health policy makers should decide on which policies to pursue based primarily on considerations of effectiveness, ethics and politics rather than legality. As long as any effect of these policies on trade is minimized, they are overwhelmingly likely to win any challenges at the WTO.

  18. 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 ...

  19. 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...

  20. 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

  1. Towards equivalent health care of prisoners: European soft law and public health policy in Geneva.

    Science.gov (United States)

    Elger, Bernice S

    2008-07-01

    Prisoners have a right to health care and to be protected against inhumane and degrading treatment. Health care personnel and public policy makers play a central role in the protection of these rights and in the pursuit of public health goals. This article examines the legal framework for prison medicine in the canton of Geneva, Switzerland and provides examples of this framework that has shaped prisoners' medical care, including preventive measures. Geneva constitutes an intriguing example of how the Council of Europe standards concerning prison medicine have acquired a legal role in a Swiss canton. Learning how these factors have influenced implementation of prison medicine standards in Geneva may be helpful to public health managers elsewhere and encourage the use of similar strategies.

  2. State procurement law: facilitating the collaboration between health department and school of public health.

    Science.gov (United States)

    Huber, George A; Barron, Gerald M; Duchak, Linda S; Raniowski, Martin; Alsahlani, Hazem S; Potter, Margaret A

    2014-01-01

    The mark of an "academic health department" includes shared activity by academic and practice partners sustained over time. Despite a long history of productive interactivity, the Pennsylvania Department of Health and the University of Pittsburgh's Graduate School of Public Health often faced administrative hurdles in contracting for projects of mutual interest. Seeking to overcome these hurdles, the Commonwealth of Pennsylvania and the University of Pittsburgh's Graduate School of Public Health negotiated a Master Agreement on the basis of statutes designating both as "public procurement units." This provided a template for project specifications, standard financial terms, and a contracting process. Since taking effect, the Master Agreement has supported projects in policy development, capacity building, workforce development, program evaluation, data analysis, and program planning. This experience suggests an approach potentially useful for other states and localities seeking to solidify academic health department partnerships either envisioned for the future or already in place.

  3. 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.

  4. 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.

  5. 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...

  6. Toward Greater Understanding of the Relationship between Public Perceptions of Speed, Speed Laws, and Safety

    Science.gov (United States)

    2018-02-01

    Speed continues to be a leading factor contributing to traffic fatalities in the U.S., implicated in over 9,500 deaths in 2015. Despite this, in recent years, some states have moved toward more lenient speed enforcement regimes. A public choice probl...

  7. The Role and Purposes of Public Schools and Religious Fundamentalism: An International Human Rights Law Perspective

    Science.gov (United States)

    Hodgson, Douglas Charles

    2012-01-01

    The question of what are today the legitimate and proper role and purposes of public schools can only be answered by a close examination and analysis of the human right to education which has been developed by such international organizations as the United Nations and the United Nations Educational, Scientific and Cultural Organization, and by…

  8. 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

  9. "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…

  10. 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

  11. 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.)

  12. International law and public participation in the field of nuclear energy

    International Nuclear Information System (INIS)

    Strohl, P.

    1993-01-01

    Public participation in nuclear decision-making is a phenomenon which belongs to the state machine. It can be interesting for international regulations under three aspects: states would agree to recognize a general principle which would be common to their internal legislations, to harmonize their national measures, or because the ability to participate to decisions should be opened to any person concerned what ever her nationality can be or her home can stand

  13. European Non-Discrimination Law : A Comparison of EU Law and the ECHR in the Field of Non-Discrimination and Freedom of Religion in Public Employment with an Emphasis on the Islamic Headscarf Issue

    NARCIS (Netherlands)

    Speekenbrink, S.

    2012-01-01

    Contemporary multicultural issues in Europe raise the question whether the overlap between the non-discrimination regimes of the European Union (EU) and the Council of Europe in the field of public employment may lead to conflicting case law. Would the Court of Justice of the European Union (ECJ)

  14. 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.

  15. Dealing With Legal Loopholes and Uncertainties Within EU Public Procurement Law Regarding Framework Agreements

    DEFF Research Database (Denmark)

    Andrecka, Marta

    2016-01-01

    the clarification of the governing rules and the introduction of further guidelines. Unfortunately, clarifications were not fully provided in the new Directive 2014/24/EU. This article is a study of legal loopholes and uncertainties that occur during public procurement of framework agreements as a result of current...... EU rules and national practices in Denmark and the United Kingdom. The article highlights the need for clarification of the existing rules and introduction of transparency to the subsequent call-off stage of framework agreements. To achieve study aims, three methods were applied: a doctrinal analysis...

  16. Perceptions and attitudes with regard to public international law: empirical evidence from law students in the city of São Paulo

    Directory of Open Access Journals (Sweden)

    Marcel Kamiyama

    2017-11-01

    Full Text Available This article empirically examines, by means of a survey conducted at four universities in São Paulo, two issues related to the teaching of international law in Brazil: (1 what law students think of the discipline as a material branch of the law (its effectiveness, legitimacy etc. and (2 what they think of the discipline as a component of the law school curriculum. The first part draws upon the semiological concept of “myth” in order to paint a picture of students’ views about the place of international law in the world, as well as upon quantitative data to assess their understandings about compliance with international norms. The second part, which also relies on quantitative and qualitative data, describes students’ ideas about how international law should be taught (if at all. The responses paint a picture of mild student scepticism and dissatisfaction with teaching methods that invite a number of questions for reflection, which are raised in the final part. 

  17. 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 ...

  18. 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....

  19. [Sociotherapy in German social law. Indication, contents, and aspects of public health].

    Science.gov (United States)

    Frieboes, R-M

    2003-07-01

    In German mental health services, the ill-defined term "sociotherapy" has been used to designate nonmedical, social, and work-related components of the care process. Recently, a new component of outpatient/community mental health care called "sociotherapy" (according to Paragraph 37a of the Fifth German Social Code) which is funded by the public health insurance system has been introduced and is now in the process of being implemented. The paper describes (a) patients eligible for the service and (b) the aims and scope of this case management module. The key objectives are to motivate patients with schizophrenia to utilise mental health services and antipsychotic medication and to liaise with psychosocial services. Therefore, sociotherapy is distinct from (a) multidisciplinary inpatient care for people with severe mental illness, (b) assertive community treatment, (c) community care provided by social workers or community psychiatric nurses, and (d) family interventions. So far there has been little evaluation of sociotherapy.

  20. Gerundium: A Comprehensive Public Educational Program on Organ Donation and Transplantation and Civil Law in Hungary.

    Science.gov (United States)

    Kovács, D Á; Mihály, S; Rajczy, K; Zsom, L; Zádori, G; Fedor, R; Eszter, K; Enikő, B; Asztalos, L; Nemes, B

    2015-09-01

    Organ transplantation has become an organized, routine, widely used method in the treatment of several end-stage diseases. Kidney transplantation means the best life-quality and longest life expectancy for patients with end-stage renal diseases. Transplantation is the only available long-term medical treatment for patients with end-stage liver, heart, and lung diseases. Despite the number of transplantations increasing worldwide, the needs of the waiting lists remain below expectations. One of the few methods to increase the number of transplantations is public education. In cooperation with the University of Debrecen Institute for Surgery Department of Transplantation, the Hungarian National Blood Transfusion Service Organ Coordination Office, and the Local Committee Debrecen of Hungarian Medical Students' International Relations Committee (HuMSIRC), the Gerundium, a new educational program, has been established to serve this target. Gerundium is a special program designed especially for youth education. Peer education means that age-related medical student volunteers educate their peers during interactive unofficial sessions. Volunteers were trained during specially designed training. Medical students were honored by HuMSIRC, depending on their activity on the basis of their own regulations. Uniform slides and brochures to share were designed. Every Hungarian secondary school was informed. The Local Committee Budapest of HuMSIRC also joined the program, which helps to expand our activity throughout Hungary. The aim of the program is public education to help disperse disapproval, if presented. As a multiple effect, our program promotes medical students to have better skills in the field of transplantation, presentation, and communication skills. Our program is a voluntary program with strong professional support and is free of charge for the community. Copyright © 2015 Elsevier Inc. All rights reserved.

  1. Charged-particle beam: a safety mandate

    International Nuclear Information System (INIS)

    Young, K.C.

    1983-01-01

    The Advanced Test Accelerator (ATA) is a recent development in the field of charged particle beam research at Lawrence Livermore National Laboratory. With this experimental apparatus, researchers will characterize intense pulses of electron beams propagated through air. Inherent with the ATA concept was the potential for exposure to hazards, such as high radiation levels and hostile breathing atmospheres. The need for a comprehensive safety program was mandated; a formal system safety program was implemented during the project's conceptual phase. A project staff position was created for a safety analyst who would act as a liaison between the project staff and the safety department. Additionally, the safety analyst would be responsible for compiling various hazards analyses reports, which formed the basis of th project's Safety Analysis Report. Recommendations for safety features from the hazards analysis reports were incorporated as necessary at appropriate phases in project development rather than adding features afterwards. The safety program established for the ATA project faciliated in controlling losses and in achieving a low-level of acceptable risk

  2. The Protos mandate a scientific novel

    CERN Document Server

    Kanas, Nick

    2014-01-01

    In the 25th Century, the effects of overpopulation and global warming on Earth have led to the formation of human colonies on the Moon, Mars and elsewhere in the Solar System, yet the limited number of viable places forces humanity to look to the stars. A crash program has been developed to send Protos 1, a giant multigenerational starship, to a newly discovered Earth-like planet orbiting a nearby star. The plan is for awake crewmembers to run the ship, and for people in suspended animation to be roused before planetfall to use their skills in exploration and colony formation. To fulfill the goals of the mission and ensure that the in-flight population does not deplete the limited resources, the Protos Mandate is set up to govern a tightly controlled social system for the duration of the journey, which will take several generations.  But problems threaten to sabotage the mission during its launch and transit, and what finally awaits the crewmembers shocks them in an unpredictable way.  This novel chronicl...

  3. 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.

  4. RETHINKING THE ROLE OF CLINICAL TRIAL DATA IN INTERNATIONAL INTELLECTUAL PROPERTY LAW: THE CASE FOR A PUBLIC GOODS APPROACH

    Science.gov (United States)

    REICHMAN, JEROME H.

    2009-01-01

    This article describes the growth and consequences of new intellectual property rights given to pharmaceutical developers, and it advocates treating clinical trials as a public good. Although the soaring cost of clinical trials is well known and discussed, too little attention is given to the underlying rationale for allowing drug developers to recoup their costs through the new intellectual property rights provided in multilateral, regional, and bilateral agreements. Known in the US as “market exclusivity” and in Europe as “data exclusivity,” these rights prohibit would-be generic producers from obtaining regulatory approval based on the original producers’ undisclosed test data. Market and data exclusivity is codified in US and European domestic law as well as the North American Free Trade Agreement (NAFTA) and, to a lesser degree, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Market and data exclusivity is binding an increasing number of developing countries via Free Trade Agreements (FTAs), which hinder developing countries from manufacturing generic drugs. At a minimum, negotiators should replace the norm of exclusive control over data with a liability rule, or take and pay rule, in which generic manufacturers can use original manufacturers’ clinical trial data in exchange for reasonable compensation. A more fundamental solution requires questioning the status quo of proprietary clinical trial data. The conventional wisdom is that market and data exclusivity, and drug developers’ consequent ability to limit competition from generics above and beyond patent protection, are a necessary incentive for drug developers to fund ever more expensive clinical trials. Clinical trial data, however, are public goods that will be undersupplied and over protected so long as private actors provide them. Moreover, manufacturers have an incentive to present clinical trial data so that they support regulatory approval at the

  5. RETHINKING THE ROLE OF CLINICAL TRIAL DATA IN INTERNATIONAL INTELLECTUAL PROPERTY LAW: THE CASE FOR A PUBLIC GOODS APPROACH.

    Science.gov (United States)

    Reichman, Jerome H

    2009-01-01

    This article describes the growth and consequences of new intellectual property rights given to pharmaceutical developers, and it advocates treating clinical trials as a public good. Although the soaring cost of clinical trials is well known and discussed, too little attention is given to the underlying rationale for allowing drug developers to recoup their costs through the new intellectual property rights provided in multilateral, regional, and bilateral agreements. Known in the US as "market exclusivity" and in Europe as "data exclusivity," these rights prohibit would-be generic producers from obtaining regulatory approval based on the original producers' undisclosed test data. Market and data exclusivity is codified in US and European domestic law as well as the North American Free Trade Agreement (NAFTA) and, to a lesser degree, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Market and data exclusivity is binding an increasing number of developing countries via Free Trade Agreements (FTAs), which hinder developing countries from manufacturing generic drugs. At a minimum, negotiators should replace the norm of exclusive control over data with a liability rule, or take and pay rule, in which generic manufacturers can use original manufacturers' clinical trial data in exchange for reasonable compensation. A more fundamental solution requires questioning the status quo of proprietary clinical trial data. The conventional wisdom is that market and data exclusivity, and drug developers' consequent ability to limit competition from generics above and beyond patent protection, are a necessary incentive for drug developers to fund ever more expensive clinical trials. Clinical trial data, however, are public goods that will be undersupplied and over protected so long as private actors provide them. Moreover, manufacturers have an incentive to present clinical trial data so that they support regulatory approval at the expense of public

  6. Partnering with law enforcement to deliver good public health: the experience of the HIV/AIDS Asia regional program

    Science.gov (United States)

    2012-01-01

    In the South-East Asia region, the drug control and supply reduction agenda is of high political importance. A multitude of law enforcement agencies are engaged in this work. Nationwide campaigns such as the “Strike- Hard” campaign in China or the “war on drugs” in Thailand dominate the landscape. Viet Nam’s response to drug use has historically focused on deterrence through punishment and supply-side measures. This policy environment is further complicated by lack of evidence-based drug dependence treatment in several settings. The public health consequences of this approach have been extremely serious, with some of the highest documented prevalence of preventable blood-borne viral infections, including HIV, and hepatitis B and C. The wider socioeconomic consequences of this have been borne by families, communities and the governments themselves. The HIV/AIDS Asia Regional Program (HAARP) aims to stop the spread of HIV associated with drug use in South-East Asia and parts of southern China. HAARP works across five countries (Cambodia, China Burma, Laos, Viet Nam) chiefly through the Ministries of Health and Social Affairs, National Drug Control Agencies, and Public Security sectors, including prisons. HAARP has also engaged with UN agencies and a wide range of civil society organisations, including organisations of people who use drugs, to ensure their meaningful involvement in matters that directly affect them. We describe the experience of HAARP in implementing a large-scale harm reduction programme in the Sub-Mekong Region. HAARP chose to direct its efforts in three main areas: supporting an enabling environment for effective harm reduction policies, building core capacity among national health and law enforcement agencies, and supporting “universal access” goals by making effective, high-coverage services available to injecting drug users and their partners. The activities supported by HAARP are humble yet important steps. However, a much higher

  7. Partnering with law enforcement to deliver good public health: the experience of the HIV/AIDS Asia regional program

    Directory of Open Access Journals (Sweden)

    Sharma Mukta

    2012-07-01

    Full Text Available Abstract In the South-East Asia region, the drug control and supply reduction agenda is of high political importance. A multitude of law enforcement agencies are engaged in this work. Nationwide campaigns such as the “Strike- Hard” campaign in China or the “war on drugs” in Thailand dominate the landscape. Viet Nam’s response to drug use has historically focused on deterrence through punishment and supply-side measures. This policy environment is further complicated by lack of evidence-based drug dependence treatment in several settings. The public health consequences of this approach have been extremely serious, with some of the highest documented prevalence of preventable blood-borne viral infections, including HIV, and hepatitis B and C. The wider socioeconomic consequences of this have been borne by families, communities and the governments themselves. The HIV/AIDS Asia Regional Program (HAARP aims to stop the spread of HIV associated with drug use in South-East Asia and parts of southern China. HAARP works across five countries (Cambodia, China Burma, Laos, Viet Nam chiefly through the Ministries of Health and Social Affairs, National Drug Control Agencies, and Public Security sectors, including prisons. HAARP has also engaged with UN agencies and a wide range of civil society organisations, including organisations of people who use drugs, to ensure their meaningful involvement in matters that directly affect them. We describe the experience of HAARP in implementing a large-scale harm reduction programme in the Sub-Mekong Region. HAARP chose to direct its efforts in three main areas: supporting an enabling environment for effective harm reduction policies, building core capacity among national health and law enforcement agencies, and supporting “universal access” goals by making effective, high-coverage services available to injecting drug users and their partners. The activities supported by HAARP are humble yet important

  8. Does hemopericardium after chest trauma mandate sternotomy?

    Science.gov (United States)

    Thorson, Chad M; Namias, Nicholas; Van Haren, Robert M; Guarch, Gerardo A; Ginzburg, Enrique; Salerno, Tomas A; Schulman, Carl I; Livingstone, Alan S; Proctor, Kenneth G

    2012-06-01

    Recently, three patients with hemopericardium after severe chest trauma were successfully managed nonoperatively at our institution. This prompted the question whether these were rare or common events. Therefore, we reviewed our experience with similar injuries to test the hypothesis that trauma-induced hemopericardium mandates sternotomy. Records were retrospectively reviewed for all patients at a Level I trauma center (December 1996 to November 2011) who sustained chest trauma with pericardial window (PCW, n = 377) and/or median sternotomy (n = 110). Fifty-five (15%) patients with positive PCW proceeded to sternotomy. Penetrating injury was the dominant mechanism (n = 49, 89%). Nineteen (35%) were hypotensive on arrival or during initial resuscitation. Most received surgeon-performed focused cardiac ultrasound examinations (n = 43, 78%) with positive results (n = 25, 58%). Ventricular injuries were most common, with equivalent numbers occurring on the right (n = 16, 29%) and left (n = 15, 27%). Six (11%) with positive PCW had isolated pericardial lacerations, but 21 (38%) had no repairable cardiac or great vessel injury. Those with therapeutic versus nontherapeutic sternotomies were similar with respect to age, mechanisms of injury, injury severity scores, presenting laboratory values, resuscitation fluids, and vital signs. Multiple logistic regression revealed that penetrating trauma (odds ratio: 13.3) and hemodynamic instability (odds ratio: 7.8) were independent predictors of therapeutic sternotomy. Hemopericardium per se may be overly sensitive for diagnosing cardiac or great vessel injuries after chest trauma. Some stable blunt or penetrating trauma patients without continuing intrapericardial bleeding had nontherapeutic sternotomies, suggesting that this intervention could be avoided in selected cases. Therapeutic study, level III. Copyright © 2012 by Lippincott Williams & Wilkins.

  9. Extension of the protection of the individual against environmental encroachments - a task for private and public law

    International Nuclear Information System (INIS)

    Ronellenfitsch, M.; Wolf, R.

    1986-01-01

    In the opinion of the author an substantial extension of the protection of the individual against environmental encroachments is not necessary. In many fields of law, for instance in the atomic law or the law for the protection against nuisance, the protection of the individual can be improved by minor corrections. In civil law the same improvement can be gained by an interpretation of existing provisions taking into account the requirements of environmental protection. (WG) [de

  10. 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.

  11. 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.

  12. 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.

  13. 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

  14. 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...

  15. 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...

  16. 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...

  17. 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...

  18. 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.

  19. 25 CFR 26.22 - May a tribe integrate Job Placement and Training funds into its Public Law 102-477 Plan?

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false May a tribe integrate Job Placement and Training funds... THE INTERIOR HUMAN SERVICES JOB PLACEMENT AND TRAINING PROGRAM General Applicability § 26.22 May a tribe integrate Job Placement and Training funds into its Public Law 102-477 Plan? Yes, Indian tribes...

  20. 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

  1. Real or perceived impediments to minimum pricing of alcohol in Australia: public opinion, the industry and the law.

    Science.gov (United States)

    Chalmers, Jenny; Carragher, Natacha; Davoren, Sondra; O'Brien, Paula

    2013-11-01

    A burgeoning body of empirical evidence demonstrates that increases in the price of alcohol can reduce per capita alcohol consumption and harmful drinking. Taxes on alcohol can be raised to increase prices, but this strategy can be undermined if the industry absorbs the tax increase and cross-subsidises the price of one alcoholic beverage with other products. Such loss-leading strategies are not possible with minimum pricing. We argue that a minimum (or floor) price for alcohol should be used as a complement to alcohol taxation. Several jurisdictions have already introduced minimum pricing (e.g., Canada, Ukraine) and others are currently investigating pathways to introduce a floor price (e.g., Scotland). Tasked by the Australian government to examine the public interest case for a minimum price, Australia's peak preventative health agency recommended against setting one at the present time. The agency was concerned that there was insufficient Australian specific modelling evidence to make robust estimates of the net benefits. Nonetheless, its initial judgement was that it would be difficult for a minimum price to produce benefits for Australia at the national level. Whilst modelling evidence is certainly warranted to support the introduction of the policy, the development and uptake of policy is influenced by more than just empirical evidence. This article considers three potential impediments to minimum pricing: public opinion and misunderstandings or misgivings about the operation of a minimum price; the strength of alcohol industry objections and measures to undercut the minimum price through discounts and promotions; and legal obstacles including competition and trade law. The analysis of these factors is situated in an Australian context, but has salience internationally. Copyright © 2013 Elsevier B.V. All rights reserved.

  2. 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...

  3. "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

  4. “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

  5. 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

  6. State Authorities’ Powers to Determine the Budget Deficit and Public Debt in the Light of the Articles of the Constitution and the Law of the European Union

    Directory of Open Access Journals (Sweden)

    Andrzej Borodo

    2013-10-01

    Full Text Available The issues of public debt and budget deficit are regulated by constitutions (e.g. of Poland, Germany, Spain as well as by the law of the European Union. The constitutional regulations concerning public debt and deficit are norms primarily directed at governments and parliaments. However, these regulations mainly have a preventive and auxiliary character and cannot by themselves stop the debt level of the state from increasing. Financial aims concerning debt and deficit can be achieved by non-financial methods, i.e. through the appropriate social and economic policies implemented by the authorities enjoying considerable social respect. The EU regulations regarding public debt and deficit can only be implemented with the instruments of the national law. The set of the EU regulations limiting the budgetary powers of member states, including the budgetary powers of governments and national parliaments, are questionable and undermine the authority of the state.

  7. 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.

  8. 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...

  9. 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.

  10. Evolution of Law: Interplay Between Private and Public Rule-Making - A New Institutional Economics-Analysis

    NARCIS (Netherlands)

    C. Kirchner (Christian)

    2012-01-01

    markdownabstract__Abstract__ Whereas the New Institutional Economics (NIE) is interested in the process of institution-building and the evolution of institutions, legal scholars study law-making processes and their variations. The evolution of institutions and law-making are thus overlapping, but

  11. Availability, Level of Use and Constraints to Use of Electronic Resources by Law Lecturers in Public Universities in Nigeria

    Science.gov (United States)

    Amusa, Oyintola Isiaka; Atinmo, Morayo

    2016-01-01

    (Purpose) This study surveyed the level of availability, use and constraints to use of electronic resources among law lecturers in Nigeria. (Methodology) Five hundred and fifty-two law lecturers were surveyed and four hundred and forty-two responded. (Results) Data analysis revealed that the level of availability of electronic resources for the…

  12. Poverty, Productivity, and Public Health: The Effects of "Right to Work" Laws on Key Standards of Living

    Science.gov (United States)

    Minor, Darrell

    2012-01-01

    On February 1, 2012, Indiana Governor Mitch Daniels signed a "right to work" (RTW) provision in the state's labor laws, making Indiana the 23rd RTW state in the nation. In addition to becoming the 23rd RTW state in the nation, Indiana is the first in more than a decade to pass a law undermining the ability of unions to organize and…

  13. 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.

  14. 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.

  15. 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 ...

  16. 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...

  17. Reporting transparency: making the ethical mandate explicit.

    Science.gov (United States)

    Nicholls, Stuart G; Langan, Sinéad M; Benchimol, Eric I; Moher, David

    2016-03-16

    Improving the transparency and quality of reporting in biomedical research is considered ethically important; yet, this is often based on practical reasons such as the facilitation of peer review. Surprisingly, there has been little explicit discussion regarding the ethical obligations that underpin reporting guidelines. In this commentary, we suggest a number of ethical drivers for the improved reporting of research. These ethical drivers relate to researcher integrity as well as to the benefits derived from improved reporting such as the fair use of resources, minimizing risk of harms, and maximizing benefits. Despite their undoubted benefit to reporting completeness, questions remain regarding the extent to which reporting guidelines can influence processes beyond publication, including researcher integrity or the uptake of scientific research findings into policy or practice. Thus, we consider investigation on the effects of reporting guidelines an important step in providing evidence of their benefits.

  18. By-law from January 14, 2005, relative to the tariffs of use of public natural gas distribution networks

    International Nuclear Information System (INIS)

    2005-01-01

    This by-law defines the tariffing rules for the different French gas utilities according to the delivered quantities or to the subscribed daily capacity. Tariffs increase for overstepping of subscribed daily capacity are detailed. (J.S.)

  19. 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

    In light of the recent emergence of fusion centers and centralized intelligence units, and the move to develop intelligence capacity within local law enforcement agencies in the United States, intelligence-led policing (ILP...

  20. The review of constitutional norms concerning local public administration in the view of the European Commission for Democracy through Law (Venice Commission)

    OpenAIRE

    Apostolache, Mihai

    2015-01-01

    The proposals of the Commission to review the Constitution of Romania were subject to the analysis of experts from the European Commission for Democracy through Law (the Venice Commission), who expressed their opinion in a report adopted at the 98th plenary session of the European body. The article analyzes the recommendations of the Venice Commission regarding the proposed changes to the constitutional norms governing local public administration, comprising some general aspects concern...

  1. Report to Congress in response to Public Law 99-240: 1990 Annual report on low-level radioactive waste management progress

    International Nuclear Information System (INIS)

    1991-09-01

    This report summarizes the progress during 1990 of states and compact regions in establishing new low-level radioactive waste disposal facilities. It also provides summary information on the volume of low-level radioactive waste received for disposal in 1990 by commercially operated low-level radioactive waste disposal facilities. This report is in response to section 7 (b) of the Low-Level Radioactive Waste Policy Act, as amended by Public Law 99-240

  2. 1987 annual report on low-level radioactive waste management progress: Report to Congress in response to Public Law 99-240

    International Nuclear Information System (INIS)

    1988-08-01

    In response to Section 7(b) of the Low-Level Radioactive Waste Policy Amendments Act of 1985 (Public Law 99-240), this report summarizes the progress of states and low-level radioactive waste compacts in 1987 in establishing new low-level waste disposal facilities. It also reports the volume of low-level waste received for disposal in 1987 by commercially operated low-level waste disposal facilities

  3. 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.

  4. Precatory X Effectiveness Of Jurisdictional Tutelage: An Analysis About Of The Posture Of The Public Treasury In The Light Of The Constitutional Procedural Law

    Directory of Open Access Journals (Sweden)

    Mariana Urano de Carvalho Caldas

    2016-12-01

    Full Text Available This article is about the judicial precatories and its relationship with the principle of effectiveness of the process, investigating the posture adopted by the State in face of monetary obligations. It developed bibliographical and documentary research, analyzing the concepts of Constitutional Procedural Law and access to justice. Subsequently, it was studied the procedural effectiveness, the precatories and the displayed behavior by the Public Administration. It is an exploratory research, concluding by the incompatibility between the procedural constitutional principles and the mode to act of the State, which conferring on executions against the Public Treasury a lengthy and uncertain character.

  5. 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.

  6. Environmental law

    International Nuclear Information System (INIS)

    Bender, B.; Sparwasser, R.

    1988-01-01

    Environmental law is discussed exhaustively in this book. Legal and scientific fundamentals are taken into account, a systematic orientation is given, and hints for further information are presented. The book covers general environmental law, plan approval procedures, protection against nuisances, atomic law and radiation protection law, water protection law, waste management law, laws on chemical substances, conservation law. (HSCH) [de

  7. Nuclear law

    International Nuclear Information System (INIS)

    Bringuier, P.

    2009-01-01

    The object of this report is to present the evolution of the nuclear law during the period from 2006 to 2008, period that was characterized in France by a real rewriting from the implementation of a control authority. The prescriptive backing of nuclear activities has been deeply changed by numerous texts. In this first part are presented: (1) the institutional aspects, (2) openness and public information, (7) radioactive wastes and (9) liability and insurance. In a next publication will be treated: (3) safety and radiation protection; (4) nuclear matter, inspection, physical protection; (5) transports; (6) trade, non-proliferation; (8) radiological accidents. (N.C.)

  8. Slovak Republic Act No. 126/2006 Coll. of 2 February 2006 on public health and the amendment certain laws

    International Nuclear Information System (INIS)

    2006-01-01

    This Act provides (a) the organization and execution of public health; (b) the conditions of public health characteristics and determinants of health; (c) measures of state administration in the field of public health (hereinafter 'public health authority') in emergencies; (d) the conditions for prevention of human diseases; (e) the rights and obligations of natural persons and legal persons in public health; (f) performance of national health surveillance; (g) penalties for violation of obligations in the field of public health. This Act came into force on June 1, 2006.

  9. Offshore finfish aquaculture in the United States: An examination of federal laws that could be used to address environmental and occupational public health risks.

    Science.gov (United States)

    Fry, Jillian P; Love, David C; Shukla, Arunima; Lee, Ryan M

    2014-11-19

    Half of the world's edible seafood comes from aquaculture, and the United States (US) government is working to develop an offshore finfish aquaculture industry in federal waters. To date, US aquaculture has largely been regulated at the state level, and creating an offshore aquaculture industry will require the development of a new regulatory structure. Some aquaculture practices involve hazardous working conditions and the use of veterinary drugs, agrochemicals, and questionable farming methods, which could raise environmental and occupational public health concerns if these methods are employed in the offshore finfish industry in the US. This policy analysis aims to inform public health professionals and other stakeholders in the policy debate regarding how offshore finfish aquaculture should be regulated in the US to protect human health; previous policy analyses on this topic have focused on environmental impacts. We identified 20 federal laws related to offshore finfish aquaculture, including 11 that are relevant to preventing, controlling, or monitoring potential public health risks. Given the novelty of the industry in the US, myriad relevant laws, and jurisdictional issues in an offshore setting, federal agencies need to work collaboratively and transparently to ensure that a comprehensive and functional regulatory structure is established that addresses the potential public health risks associated with this type of food production.

  10. Offshore Finfish Aquaculture in the United States: An Examination of Federal Laws That Could be Used to Address Environmental and Occupational Public Health Risks

    Directory of Open Access Journals (Sweden)

    Jillian P. Fry

    2014-11-01

    Full Text Available Half of the world’s edible seafood comes from aquaculture, and the United States (US government is working to develop an offshore finfish aquaculture industry in federal waters. To date, US aquaculture has largely been regulated at the state level, and creating an offshore aquaculture industry will require the development of a new regulatory structure. Some aquaculture practices involve hazardous working conditions and the use of veterinary drugs, agrochemicals, and questionable farming methods, which could raise environmental and occupational public health concerns if these methods are employed in the offshore finfish industry in the US. This policy analysis aims to inform public health professionals and other stakeholders in the policy debate regarding how offshore finfish aquaculture should be regulated in the US to protect human health; previous policy analyses on this topic have focused on environmental impacts. We identified 20 federal laws related to offshore finfish aquaculture, including 11 that are relevant to preventing, controlling, or monitoring potential public health risks. Given the novelty of the industry in the US, myriad relevant laws, and jurisdictional issues in an offshore setting, federal agencies need to work collaboratively and transparently to ensure that a comprehensive and functional regulatory structure is established that addresses the potential public health risks associated with this type of food production.

  11. 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....

  12. The Imperious Need of Change Of Law 6.015/1973: A Record Public Regarding Transsexuality and the Right to Social Name Without the Power of Judicial Assistance

    Directory of Open Access Journals (Sweden)

    Antonio José Mattos do Amaral

    2015-12-01

    Full Text Available Comes this study on changing the legal name of origin by social behalf of transgender individuals, without the need for judiciary intervention. To this end, it is imperative to change the art. 58 of Law 6.015/1973 - Laws of Public Records. Justified this amendment by the legislative admissibility already portrayed by the State in the use of the social name by transsexuals, to identify themselves various situations, including in public bodies and activities. Depicts the brief study the problem of discrimination suffered by these people in their daily lives, embedded in a society where intolerance and discrimination permeate the social fabric, fueling abuses and promoting the kick man on his journey. Relevant is the subject of analysis, as regards the conquest of rights by transgender individuals and the consequent non-discrimination in society of sexual freedoms, combined with the change in their marital name for the social name as well as the identification of sex without that to it have that bail laws that dignify man and the Judiciary. Still, due to the subject, it shows the need for without the need for transsexual name change to undergo a sex reassignment process on the grounds that such a procedure is not necessary to register peace and comfort in their transgender status.

  13. 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 ...

  14. 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.

  15. “Superficial Water Concessions In Light Of The General Theory of the Administrative Act” The Incidence of the Public Law’s Dogmatic Tradition of Public Law Within Environmental Law

    Directory of Open Access Journals (Sweden)

    Andrés Gómez-Rey

    2010-11-01

    Full Text Available This paper seeks the determine the ways in which anomalous decisions derived from the particularization and constitutionalization of environmental law can arise given the general theory of administrative action. This is seen through the lens of a study and characterization of administrative decisions issued by the Regional Autonomous Corporation of Cundinamarca –CAR- within the superficial water concessions procedure. It also discusses the conceptual contents of these licenses.

  16. 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.

  17. Law of the electricity sector in France. The legal framework for the French electricity supply between legal market deregulation requirements and public service obligations

    International Nuclear Information System (INIS)

    Buckler, Julius

    2016-01-01

    The process of creating an internal electricity market is still unfinished. This has, in addition to technical reasons, also legal reasons: The persistence of the structures and regulatory frameworks that have grown during monopoly times, in part is very strong, which is particularly evident in France. The power supply there is intensively controlled by its state as a public service, both indirectly by the state-owned company EDF and directly by statutory regulations. The market deregulation is not thereby completely prevented. However, together with the particular importance of nuclear power for the French power supply, considerable barriers to market opening are emerging. Against this background and out of the historical development, the author examines the current French law of the electricity sector across all value-creation stages in its relations to EU law. [de

  18. Business Law

    DEFF Research Database (Denmark)

    Föh, Kennet Fischer; Mandøe, Lene; Tinten, Bjarke

    Business Law is a translation of the 2nd edition of Erhvervsjura - videregående uddannelser. It is an educational textbook for the subject of business law. The textbook covers all important topic?s within business law such as the Legal System, Private International Law, Insolvency Law, Contract law......, Instruments of debt and other claims, Sale of Goods and real estate, Charges, mortgages and pledges, Guarantees, Credit agreements, Tort Law, Product liability and Insurance, Company law, Market law, Labour Law, Family Law and Law of Inheritance....

  19. 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…

  20. 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…

  1. 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…

  2. 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…

  3. Faith in public debate: an inquiry into the relationship between freedom of expression and hate speech pertaining to religion and race in France, the Netherlands and European and international law

    NARCIS (Netherlands)

    Janssen, E.H.

    2014-01-01

    ‘Faith in public debate’ forms an inquiry into the relationship between freedom of expression and hate speech pertaining to religion and race in France, the Netherlands and European and international law.

  4. The extension of the protection of the individual person against environmental pollution as a task for public law

    International Nuclear Information System (INIS)

    Breuer, R.

    1986-01-01

    The author has the opinion that an extension of protection of individuals against environmental pollution is not desirable in the field of fundamental rights. The atomic energy and radiation protection law extends the protection of individuals even further than to warding off a danger. An extension is limited by the structure and complexity of modern environmental pollution. The existing system of individual protection generally is sufficient, the author objects esspecially against the action of an association. (CW) [de

  5. Responsibility of international organizations under international law for the acts of global health public-private partnerships

    NARCIS (Netherlands)

    Clarke, L.C.

    2011-01-01

    Public-private partnerships governing global health are making progress in relation to the prevention and treatment of diseases such as AIDS, tuberculosis, and malaria. This progress should not be underestimated as these partnerships are making strides above and beyond efforts of either the public

  6. Catches to the right to be forgotten, looking from an administrative law perspective to data processing by public authorities

    NARCIS (Netherlands)

    Klingenberg, A.M.

    2016-01-01

    Public authorities process personal data. In most cases these data are processed because there is a legal obligation to do so, or because processing is necessary for the performance of a task carried out in the public interest. The right to be forgotten or to erasure will, in this situation, play a

  7. Draft of law relating to revamping of natural gas supply public service and to development of gas enterprises; Avant projet de loi relatif a la modernisation du service public du gaz naturel et au developpement des entreprises gazieres

    Energy Technology Data Exchange (ETDEWEB)

    Bricq [ed.] [Deputee de Seine-et-Marne, Assemblee Nationale, Paris (France)

    2000-02-07

    The state secretariat for industry has launched a large public debate between June and October 1999 based on a white book titled 'Towards the future organization of the gas sector'. The suggestions obtained were substantial. A brief presentation is added to the draft of the law devoted to revamping of natural gas supply public service and to development of gas enterprises. The presentation addresses the following points: 1. A public gas supply service modern and thought to reconcile the dynamism, equity and solidarity. 2. A controlled opening of the natural gas market towards competition: participating to the struggle for employment. 3. Tools ensuring the quality of gas supply and security of resources. 4. A transparent and efficient regulation: creating the conditions of a nondiscriminatory competition. 5. Requirements for developing the transport of natural gas regime. 6. Storage. 7. Social questions. The draft of the law relating to revamping of natural gas supply public service and to development of gas enterprises is a working document, not engaging the government. It is based on six titles. Title 1 and Title 2 treat the points 1 and 2 mentioned above. Title 3 contains two chapters devoted to transparency and accounting dissociation and to regulation in the natural gas sector, respectively. The Title 4 contains three chapters devoted to: 1. authorization of the works of natural gas transport; 2. gas distribution and 3. exploitation of the transport and natural gas distribution network. The fifth Title is dedicated to underground storage. The sixth Title presents diverse directives.

  8. 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.

  9. 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.

  10. Project of law modified by the Senate relative to the electric and gas public utilities and to the electric and gas companies

    International Nuclear Information System (INIS)

    2004-07-01

    This project of law aims to adapt the electricity and gas sector to the new economical context of opening of the energy markets to competition. It gives to energy companies the internal organization base necessary to warrant a high level of service and a transparent and non-discriminatory access of third parties to transport and distribution networks. These evolutions will allow Electricite de France (EdF) and Gaz de France (GdF) companies to compete on equal terms with their European competitors. It confirms first the prime role of public utility of both companies and then transposes the dispositions of the European directives relative to the organization of EdF and GdF integrated companies. It foresees the creation of two daughter companies for the management of energy transport activities. The project of law foresees also the change of the status of EdF and GdF companies and the reform of the retirement pensions of the personnel. This report presents the modifications added by the Senate to the text of law adopted at first reading by the House of Commons. (J.S.)

  11. Judicial Protection in the Field of Public Procurement: The Transposition into Dutch Law of Directive 2007/66/EC Amending the Remedies Directives

    Directory of Open Access Journals (Sweden)

    Wouter-Jan Berends

    2010-08-01

    Full Text Available Public procurement procedures in the EU are coordinated by Directives 2004/17/EC and 2004/18/EC. The acquis communautaire provides minimum requirements for review procedures against public procurement decisions in order to ensure access to effective remedies for economic operators. These minimum requirements are established in Directives 89/665/ EEC and 92/13/EEC and recently amended by Directive 2007/66/EC. The Helby report identified several substantive concerns over the Dutch proposal on the implementation the of the Remedies Directive; Wet implementatie rechtsbeschermingsrichtlijnen. Although the transposition target date has not been met, the Dutch legislature has succeeded to transpose Directive 2007/66/EC into Dutch law while addressing the concerns of the Helby report.

  12. 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.

  13. 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

  14. 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

  15. 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.

  16. The role of public law-based litigation in tobacco companies' strategies in high-income, FCTC ratifying countries, 2004-14.

    Science.gov (United States)

    Steele, Sarah L; Gilmore, Anna B; McKee, Martin; Stuckler, David

    2016-09-01

    Tobacco companies use a host of strategies to undermine public health efforts directed to reduce and eliminate smoking. The success, failure and trends in domestic litigation used by tobacco companies to undermine tobacco control are not well understood, with commentators often assuming disputes are trade related or international in nature. We analyse domestic legal disputes involving tobacco companies and public health actors in high-income countries across the last decade to ascertain the types of action and the success or failure of cases, develop effective responses. WorldLii, a publicly available online law repository, was used to identify domestic court cases involving tobacco companies from 2004 to 2014, while outcome data from LexisNexis and Westlaw databases were used to identify appeals and trace case history. We identified six domestic cases in the UK, Australia and Canada, noting that the tobacco industry won only one of six cases; a win later usurped by legislative reform and a further court case. Nevertheless, we found cases involve significant resource costs for governments, often progressing across multiple jurisdictional levels. We suggest that, in light of our results, while litigation takes up significant time and incurs legal costs for health ministries, policymakers must robustly fend off suggestions that litigation wastes taxpayers' money, pointing to the good prospects of winning such legal battles. © The Author 2015. Published by Oxford University Press on behalf of Faculty of Public Health.

  17. Publicity in secured transactions law: Towards a European public notice filing system for non-possessory security rights in movable assets?

    NARCIS (Netherlands)

    Hamwijk, D.J.Y.

    2014-01-01

    There is a growing call to introduce a European public notice filing system for security rights in movable goods comparable to the notice filing system of Art. 9 UCC. A proposal to this effect has been adopted in Book IX DCFR, which represents a comprehensive framework of rules for proprietary

  18. The World Bank Inspection Panel and Quasi-Judicial Oversight: In Search of the 'Judicial Spirit' in Public International Law

    NARCIS (Netherlands)

    A. Naudé Fourie (Andria)

    2009-01-01

    textabstractThis PhD dissertation conceptualizes the World Bank Inspection Panel as a mechanism of quasi-judicial review or oversight, aimed at enhancing the accountability and legitimacy of the World Bank – which is conceived as an international institution exercising public power. The author

  19. 29 CFR 553.213 - Public agency employees engaged in both fire protection and law enforcement activities.

    Science.gov (United States)

    2010-07-01

    ... regardless of how the employee's time is divided between the two activities. However, all time spent in... spends the majority of work time during the work period. ... 29 Labor 3 2010-07-01 2010-07-01 false Public agency employees engaged in both fire protection and...

  20. 78 FR 50480 - U.S. Department of State Advisory Committee on Private International Law (ACPIL): Public Meeting...

    Science.gov (United States)

    2013-08-19

    ... treaties. A draft convention prepared by the UNCITRAL Secretariat is available in paper A/CN.9/784 on the..., address, date of birth, citizenship, driver's license or passport number, and email address. This... email [email protected] to obtain the call-in number and other information. Data from the public is...

  1. Using Surveys to Track Student Sexual Behavior and Attitudes in the Public Schools: Current Case Law and Future Implications

    Science.gov (United States)

    Bullis, Ronald K.

    2008-01-01

    Two recent federal court cases have addressed the constitutionality of using sexual surveys in public schools. This article compares these cases with an earlier case dealing with the same issue but reaching different results. This article also describes the constitutional rights of parents to educate their children and the school's rights to…

  2. Civil law

    NARCIS (Netherlands)

    Hesselink, M.W.; Gibbons, M.T.

    2014-01-01

    The concept of civil law has two distinct meanings. that is, disputes between private parties (individuals, corporations), as opposed to other branches of the law, such as administrative law or criminal law, which relate to disputes between individuals and the state. Second, the term civil law is

  3. Constitutional principle of equality of citizens before the law in the Montenegrin tax system: The assessment of constitutionality of the Law on fees (taxes on services of public interest

    Directory of Open Access Journals (Sweden)

    Ilija Vukčević

    2014-01-01

    Full Text Available This paper elaborates the application of general constitutional principle of equality before the law in the area of taxation. The issue of the constitutionality of the Law on fees on access to certain services of public interest and on consumption of tobacco products and acoustic and electro acoustic devices represents the most comprehensive analysis of the subject matter. In this case, the Constitutional Court of Montenegro, among other awkward conclusions, has ruled that there is no constitutional basis for the application of the principle of ability-to-pay and the principle of proportionality in the area of taxation. This strange reasoning is the resemblance of the settled case practice of the Constitutional Court of Montenegro of evading the interference in issues related to constitutionality in tax matters. According to the Constitutional Court of Montenegro, such standing is the consequence of scarce constitutional provisions relating to taxation (e.g. there is no ex lege principle of ability-to-pay in the Constitution of Montenegro. In this way, Constitutional Court of Montenegro, intentionally or by accident, has placed this part of Montenegrin legal system out of its jurisdiction. This reasoning is unacceptable since, to certain extent, it undermines the whole legal system. By doing so, the Constitutional Court of Montenegro puts the Parliament of Montenegro out of the constitutional boundaries of Montenegrin legal system regarding the area of taxation, and gives the legislator the possibility to act without any constitutional control. This reluctance of the Constitutional Court of Montenegro can be attributed to the insufficient understanding of this sophisticated area of the legal system and the fear of delivering wrong decisions, or it can be interpreted as a deliberate retreat in front of the demand for unlimited powers exercised by the legislator in tax matters.

  4. 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...

  5. Policy Entrepreneurs and the Design of Public Policy: The Case of the National Health Insurance Law in Israel

    OpenAIRE

    NISSIM COHEN

    2012-01-01

    How do policy entrepreneurs implement in practice the things theory suggests they should do? This article suggests various insightsinto the influence of policy entrepreneurs on the formulation of public policy. Using a broad definition of the concept of policyentrepreneur, the article identifies the main characteristics of entrepreneurial activities, describes various strategies that the policyentrepreneur may employ, and develops a model of successful and effective policy entrepreneurship. U...

  6. ECJ CASE-LAW ON THE CONCEPT OF „PUBLIC ADMINISTRATION” USED IN ARTICLE 45 PARAGRAPH (4) TFEU

    OpenAIRE

    Roxana-Mariana POPESCU

    2017-01-01

    According to Article 45 of the Treaty on the Functioning of the European Union (TFEU), „the freedom of movement for workers shall be secured within the Union”. This freedom entails the abolition of any discrimination based on nationality between the workers of Member States as regards to employment, remuneration and other working conditions. However, Article 45 paragraph (4) establishes an exception in the sense that its provisions do not apply to employment in the public administration. The ...

  7. RETHINKING THE ROLE OF CLINICAL TRIAL DATA IN INTERNATIONAL INTELLECTUAL PROPERTY LAW: THE CASE FOR A PUBLIC GOODS APPROACH

    OpenAIRE

    REICHMAN, JEROME H.

    2009-01-01

    This article describes the growth and consequences of new intellectual property rights given to pharmaceutical developers, and it advocates treating clinical trials as a public good. Although the soaring cost of clinical trials is well known and discussed, too little attention is given to the underlying rationale for allowing drug developers to recoup their costs through the new intellectual property rights provided in multilateral, regional, and bilateral agreements. Known in the US as “mark...

  8. 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.

  9. 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

  10. Criminal Law

    DEFF Research Database (Denmark)

    Langsted, Lars Bo; Garde, Peter; Greve, Vagn

    <> book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....... book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....

  11. Annual report on the administration of the Radiation Control for Health and Safety Act of 1968, Public Law 90-602, (1988), April 1, 1989. Annual report

    International Nuclear Information System (INIS)

    1989-01-01

    The Secretary of Health and Human Services is required by Subpart 3, Part F of Title III of the Public Health Service Act; 42 USC 263b 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 administration of the Radiation Control for Health and Safety Act. The detailed information required in the report is outlined in Section 360D of the Public Health Service Act. The Food and Drug Administration, through its Center for Devices and Radiological Health, is responsible for the day-to-day administration of the Radiation Control for Health and Safety Act of 1968. The report provides a summary of the operations of the Center in carrying out that responsibility for calendar year 1988. In reviewing the operations of the Center for Devices and Radiological Health as reported in the document, it should be kept in mind that the day-to-day administration of the Act is only part of the Center's function. Other responsibilities include the administration and enforcement of the 1976 Medical Device Amendments to the Federal Food, Drug, and Cosmetic Act (not covered in the report)

  12. The role of public law-based litigation in tobacco companies’ strategies in high-income, FCTC ratifying countries, 2004–14

    Science.gov (United States)

    Steele, Sarah L.; Gilmore, Anna B.; McKee, Martin; Stuckler, David

    2016-01-01

    Background Tobacco companies use a host of strategies to undermine public health efforts directed to reduce and eliminate smoking. The success, failure and trends in domestic litigation used by tobacco companies to undermine tobacco control are not well understood, with commentators often assuming disputes are trade related or international in nature. We analyse domestic legal disputes involving tobacco companies and public health actors in high-income countries across the last decade to ascertain the types of action and the success or failure of cases, develop effective responses. Methods WorldLii, a publicly available online law repository, was used to identify domestic court cases involving tobacco companies from 2004 to 2014, while outcome data from LexisNexis and Westlaw databases were used to identify appeals and trace case history. Results We identified six domestic cases in the UK, Australia and Canada, noting that the tobacco industry won only one of six cases; a win later usurped by legislative reform and a further court case. Nevertheless, we found cases involve significant resource costs for governments, often progressing across multiple jurisdictional levels. Discussion We suggest that, in light of our results, while litigation takes up significant time and incurs legal costs for health ministries, policymakers must robustly fend off suggestions that litigation wastes taxpayers' money, pointing to the good prospects of winning such legal battles. PMID:26036703

  13. Elements for the development of public policies in the residential sector of Mexico based in the Energy Reform and the Energy Transition law

    International Nuclear Information System (INIS)

    Rosas-Flores, Jorge Alberto

    2017-01-01

    Mexico has entered in an important dynamic of structural changes in the energy area, proof of this, it is the Energy Reform 2013 and the Energy Transition Law published the last December 24th, 2015, thus it is important to carry out studies of the impacts of future politics in the consumption of the population, so this study estimate an energy demand system using microdata collected from 97,817 households in a National Households Income and Expenditure Survey (ENIGH acronyms in Spanish, Encuesta Nacional de Ingresos y Gastos de los Hogares) in the 20-years period from 1994 to 2014. The magnitudes of all the fuels are smaller than one indicating that electricity, LPG, gasoline and public transport are normal goods, while LPG is the most inelastic energy source. The geographic factor shows that households in the north of Mexico tend to consume more gasoline, whereas in the south of the country, the lowest share of LPG expenditure is reported. The rigorous evaluation of energy demanded in households will help policy makers to put forward more efficient reforms. - Highlights: • The electricity, LPG, gasoline and public transport are normal goods. • LPG is the most inelastic energy source. • The north of Mexico tend to consume more gasoline. • Evidence of complement between personal vehicle and public transport.

  14. 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.

  15. 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.

  16. Loss of benefits resulting from mandated nuclear plant shutdowns

    International Nuclear Information System (INIS)

    Peerenboom, J.P.; Buehring, W.A.

    1982-01-01

    This paper identifies and discusses some of the important consequences of nuclear power plant unavailability, and quantifies a number of technical measures of loss of benefits that result from regulatory actions such as licensing delays and mandated nuclear plant outages. The loss of benefits that accompany such regulatory actions include increased costs of systems generation, increased demand for nonnuclear and often scarce fuels, and reduced system reliability. This paper is based on a series of case studies, supplemented by sensitivity studies, on hypothetical nuclear plant shutdowns. These studies were developed by Argonne in cooperation with four electric utilities

  17. 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

  18. 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

  19. 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.

  20. 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.

  1. Publicity.

    Science.gov (United States)

    Chisholm, Joan

    Publicity for preschool cooperatives is described. Publicity helps produce financial support for preschool cooperatives. It may take the form of posters, brochures, newsletters, open house, newspaper coverage, and radio and television. Word of mouth and general good will in the community are the best avenues of publicity that a cooperative nursery…

  2. 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.

  3. Federal energy conservation programs pursuant to section 381 of the Energy Policy and Conservation Act (Public Law 94-163). Annual report to Congress

    Energy Technology Data Exchange (ETDEWEB)

    1979-02-21

    This report provides an overview of the activities and achievements of the executive branch of the Federal Government in implementing the energy conservation requirements and provisions of section 381 of the Energy Policy and Conservation Act (EPCA) of 1975 (Public Law 94-163). The report describes Federal actions to develop procurement policies that promote energy conservation and efficiency, develop a Federal 10-Year Buildings Energy Conservation Plan, develop responsible public education and information programs, encourage energy conservation and energy efficiency, and promote vanpooling and carpooling arrangements. About half of the Nation's energy is used in our homes and automobiles. Another 48 percent is used by State and local governments, business and insutry, in providing needed goods and services. The Federal Government is the Nation's largest energy user, accouting for 2.2 percent of the total national energy used in 1977. This energy is used by nearly 6 million people in more than 400 thousand buildings and in the operation of more than 600 thousand vehicles. While energy conservation and energy efficiency measures alone cannot solve our immediate problems, they are an essential part of our transition to an era of scarce and expensive energy supplies.

  4. Law Studies

    Directory of Open Access Journals (Sweden)

    G. P. Tolstopiatenko

    2014-01-01

    Full Text Available At the origin of the International Law Department were such eminent scientists, diplomats and teachers as V.N. Durdenevsky, S.B. Krylov and F.I. Kozhevnikov. International law studies in USSR and Russia during the second half of the XX century was largely shaped by the lawyers of MGIMO. They had a large influence on the education in the international law in the whole USSR, and since 1990s in Russia and other CIS countries. The prominence of the research of MGIMO international lawyers was due to the close connections with the international practice, involving international negotiations in the United Nations and other international fora, diplomatic conferences and international scientific conferences. This experience is represented in the MGIMO handbooks on international law, which are still in demand. The Faculty of International Law at MGIMO consists of seven departments: Department of International Law, Department of Private International and Comparative Law; Department of European Law; Department of Comparative Constitutional Law; Department of Administrative and Financial Law; Department of Criminal Law, Department Criminal Procedure and Criminalistics. Many Russian lawyers famous at home and abroad work at the Faculty, contributing to domestic and international law studies. In 1947 the Academy of Sciences of the USSR published "International Law" textbook which was the first textbook on the subject in USSR. S.B. Krylov and V.N. Durdenevsky were the authors and editors of the textbook. First generations of MGIMO students studied international law according to this textbook. All subsequent books on international law, published in the USSR, were based on the approach to the teaching of international law, developed in the textbook by S.B. Krylov and V.N. Durdenevsky. The first textbook of international law with the stamp of MGIMO, edited by F.I. Kozhevnikov, was published in 1964. This textbook later went through five editions in 1966, 1972

  5. Law no 2006/18 of June 21, 2006 modifying the law no 98-011 of May 7, 1998 providing for the creation of a Public Establishment of the executive power named the National Radioprotection Center (CNRP)

    International Nuclear Information System (INIS)

    2006-01-01

    This law provides for the modification of articles 2 and 5 of the law 98-011 of 07 May 98 providing for the creation of National Radiation Protection Centre (CNRP). CNRP is the National Regulatory Authority in Nuclear Security Safety and Safeguards and in Radiation protection. It is member of the Technical consultative committee for radioprotection and nuclear technics [fr

  6. 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.

  7. Effectiveness evaluation of public policy incentive R&D in technological innovation in Brazil: a focus on law of the well

    Directory of Open Access Journals (Sweden)

    Fernando Zanghelini

    2016-07-01

    Full Text Available The present paper will address pharmaceutical industries that carry out research, development and innovation (RD&I Brazil and their consequent adherence to tax incentives based on ‘Law of the Well’ (Brazilian, Law No. 11,196 / 2005. Our hypothesis evaluates if public policies of incentives for transformation of technological knowledge could encourage firms to invest in RD&I. Our research was based on Government Annual Reports that reported the use of tax incentives during a period between 2006 and 2012; and legal framework destined for supporting research, both provided by Ministry of Science, Technology and Innovation of Brazil. During the studied period, an increase of 800% of the participating companies of the ‘Law of the Well’ was observed, demonstrating a need to invest in R&D. The sum of the expenditure of defrayal for the computation of the incentives the companies that operated in real income regime and have chosen to take advantage of tax incentives ‘Law of the Well’ amounted to R $ 40.52 billion. Well although one of the purposes of the ‘Law of the Well’ is to subsidize the establishment of researchers in companies, the total value of capital expenditure does not exceed 4% of the total amount invested in R & D activities. Similarly it is observed that the percentage of encouraging the development and patenting did not exceed 1%. In spite of Good Law be used as institutional apparatus for improvement of the efficiency and competitivity of the companies for the global market, recent indicators of spending on R&D in Brazil demonstrate stagnation of investments in various sectors.Keywords: Law of the Well. Public policy. Pharmaceutical complex. Technological innovation. Avaliação da efetividade das políticas públicas de incentivo a p & d na inovação tecnológica no Brasil: um enfoque na lei do bemO presente artigo abordará sobre as indústrias farmacêuticas que realizam atividades de pesquisa, desenvolvimento e

  8. 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.

  9. International law

    CERN Document Server

    Shaw, Malcolm N

    2017-01-01

    International Law is the definitive and authoritative text on the subject, offering Shaw's unbeatable combination of clarity of expression and academic rigour and ensuring both understanding and critical analysis in an engaging and authoritative style. Encompassing the leading principles, practice and cases, and retaining and developing the detailed references which encourage and assist the reader in further study, this new edition motivates and challenges students and professionals while remaining accessible and engaging. Fully updated to reflect recent case law and treaty developments, this edition contains an expanded treatment of the relationship between international and domestic law, the principles of international humanitarian law, and international criminal law alongside additional material on international economic law.

  10. Environmental law

    International Nuclear Information System (INIS)

    Anon.

    1980-01-01

    This pocketbook contains major federal regulations on environmental protection. They serve to protect and cultivate mankind's natural foundations of life, to preserve the environment. The environmental law is devided as follows: Constitutional law on the environment, common administrative law on the environment, special administrative law on the environment including conservation of nature and preservation of rural amenities, protection of waters, waste management, protection against nuisances, nuclear energy and radiation protection, energy conservation, protection against dangerous substances, private law relating to the environment, criminal law relating to the environment. (HSCH) [de

  11. 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?

  12. Law n. 2000-108 of the 10 february 2000 relative to the modernization and the development of the electrical power public service; Loi n. 2000-108 du 10 fevrier 2000 relative a la modernisation et au developpement du service public de l'electricite

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2000-02-01

    Here is the all text of the law, from the 10 february 2000, relative to the modernization and the development of the electrical power public service in France. This presentation of 55 articles deals with the missions and the working of the public service in the domain of the electrical power distribution. The financial aspects are also presented. (A.L.B.)

  13. “互联网+公众投票”:法治公信的新场域%“Internet plus the public vote”:A new field of public trust in the rule of law

    Institute of Scientific and Technical Information of China (English)

    林艺; 马祺

    2017-01-01

    “Internet Plus”with its high compatibility and characteristics of contemporary science and technology has changed not only the traditional way of thinking of the public,but also the traditional way of public organization and operation.Relying on the Internet,the traditional voting has spawned the“Internet plus the public vote”activity to meet the needs of the business marketing and to express public demands.“Kunming looking for micro-enterprises with the greatest growth potential”is a typ-ical case,whose problems reflect the public demands for openness and justice in social activities in the Internet age as well as the citizens'initiative to safeguard the right to know by the rule of law and their cultural awakening.The construction of the“Internet plus the public vote”mechanism relies on an eco-cultural environment based on justice and trust as well as a worka-ble support mechanism.The construction of a good“Internet plus the public vote”mechanism also depends on the cooperation of the organizers,participants,the third-party supervisors,which is not only the requirements of technological development in modern times,but also the need of the adaptation of the construction of the rule by law to the new normal of the Internet age.%“互联网+”以高兼容性与体现科技时代感的特点,改变了公众传统的思维方式,也改变了传统公众活动的组织与运作方式。依托互联网,传统投票活动衍生出了满足商家营销需要和公众表达需求的“互联网+公众投票”活动。“寻找某市最具成长潜力小微企业”是一个典型的案例,案例中发生的一系列问题,反映了当下互联网社会中大众对公众参与性活动公开、透明、公正的正常诉求,体现出公民主动维护知情权的法治文化的觉醒。在“互联网+公众投票”活动的平台建设中,必须营造一个公平正义和诚实信用的法治文化生态环境,而这个环境

  14. 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.

  15. Should Law Keep Pace with Society? Relative Update Rates Determine the Co-Evolution of Institutional Punishment and Citizen Contributions to Public Goods

    Directory of Open Access Journals (Sweden)

    Daria Roithmayr

    2015-06-01

    Full Text Available Until recently, theorists considering the evolution of human cooperation have paid little attention to institutional punishment, a defining feature of large-scale human societies. Compared to individually-administered punishment, institutional punishment offers a unique potential advantage: the ability to control how quickly legal rules of punishment evolve relative to social behavior that legal punishment regulates. However, at what rate should legal rules evolve relative to society to maximize compliance? We investigate this question by modeling the co-evolution of law and cooperation in a public goods game with centralized punishment. We vary the rate at which States update their legal punishment strategy relative to Citizens’ updating of their contribution strategy and observe the effect on Citizen cooperation. We find that when States have unlimited resources, slower State updating lead to more Citizen cooperation: by updating more slowly, States force Citizens to adapt to the legal punishment rules. When States depend on Citizens to finance their punishment activities, however, we find evidence of a ‘Goldilocks’ effect: optimal compliance is achieved when legal rules evolve at a critical evolutionary rate that is slow enough to force citizens to adapt, but fast enough to enable states to quickly respond to outbreaks of citizen lawlessness.

  16. Wealth of the world's richest publicly traded companies per industry and per employee: Gamma, Log-normal and Pareto power-law as universal distributions?

    Science.gov (United States)

    Soriano-Hernández, P.; del Castillo-Mussot, M.; Campirán-Chávez, I.; Montemayor-Aldrete, J. A.

    2017-04-01

    Forbes Magazine published its list of leading or strongest publicly-traded two thousand companies in the world (G-2000) based on four independent metrics: sales or revenues, profits, assets and market value. Every one of these wealth metrics yields particular information on the corporate size or wealth size of each firm. The G-2000 cumulative probability wealth distribution per employee (per capita) for all four metrics exhibits a two-class structure: quasi-exponential in the lower part, and a Pareto power-law in the higher part. These two-class structure per capita distributions are qualitatively similar to income and wealth distributions in many countries of the world, but the fraction of firms per employee within the high-class Pareto is about 49% in sales per employee, and 33% after averaging on the four metrics, whereas in countries the fraction of rich agents in the Pareto zone is less than 10%. The quasi-exponential zone can be adjusted by Gamma or Log-normal distributions. On the other hand, Forbes classifies the G-2000 firms in 82 different industries or economic activities. Within each industry, the wealth distribution per employee also follows a two-class structure, but when the aggregate wealth of firms in each industry for the four metrics is divided by the total number of employees in that industry, then the 82 points of the aggregate wealth distribution by industry per employee can be well adjusted by quasi-exponential curves for the four metrics.

  17. Construindo leis: os construtores e as concessões de serviços Building laws: the constructors and public service concessions

    Directory of Open Access Journals (Sweden)

    Wagner Pralon Mancuso

    2003-01-01

    Full Text Available Elementos da teoria da ação coletiva formulada por Mancur Olson - os conceitos de carona e de exploração do grande pelo pequeno - ajudam a explicar o comportamento das entidades que representam os interesses da indústria da construção durante a elaboração da legislação sobre concessões de serviços públicos no Brasil. O artigo contribui para o estudo da articulação de interesses do empresariado durante o processo de produção legislativa de nível federal.Mancur Olson’s theory of collective action - especially his concepts of free-riding and exploitation of the great by the small - helps explain how Brazilian constructors’ organizations behaved while the federal legislation on concession of public services was being made. This article contributes to the study of the articulation of business interests during federal law-making processes.

  18. Law Firms and Public Libraries.

    Science.gov (United States)

    Fong, Colin

    1997-01-01

    Summarizes sources of legal information in New South Wales and outlines the libraries' driving motivations, access policies, and practices. Also highlights the important value-added service professional library staff contribute to both the quality and quantity of information delivery in this discipline. (Author/AEF)

  19. Assessing mandated credit programs: Case study of the Magna Carta in the Philippines

    Directory of Open Access Journals (Sweden)

    Ryan Jacildo

    2016-09-01

    Full Text Available We examine the effects of a mandated credit program to small and medium enterprises in the Philippines (Magna Carta Law using a panel dataset compiled from official data published by the Bangko Sentral ng Pilipinas. The final sample of 109 financial institutions represented over 90% of total finance sector assets in the Philippines. We highlight three important findings. First, although the total lending levels to micro, small, and medium enterprises (MSMEs grew slightly, the percentage shares of loans allocated to MSMEs declined drastically from a peak of 30% of total loans in 2002 to 16.4% in 2010. Second, following the upwards revision of the loan target (from 6% to 8% for smaller firms in 2008, there was a sharp increase in noncompliance especially amongst universal and commercial banks. On the other hand, total loans to medium enterprises were still more than threefold larger than the targeted 2%. Third, there is an increased heterogeneity in optimal loan portfolio across banks. Most surprisingly, the absolute level of MSME lending by rural and cooperative banks declined since 2008. Direct compliance amongst universal and commercial banks decreased beginning in the late 2007, while that of thrift banks increased to almost 100%. Abolishing the Magna Carta targets for medium-sized enterprise loans would most likely yield little adverse effects. Meanwhile, efforts to improve financial access to MSMEs should focus on alternative nondistortionary ways to increase financing supply, such as improving institutional framework for informational availability and development of equity and bond markets for MSMEs.

  20. Law no. 2004-803 from August 9, 2004 relative to electricity and gas public utilities and to the power and gas companies; Loi no. 2004-803 du 9 aout 2004 relative au service public de l'electricite et du gaz et aux entreprises electriques et gazieres

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2004-09-01

    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.)

  1. States Stepping up Mandates for School Safety Drills

    Science.gov (United States)

    Shah, Nirvi

    2013-01-01

    Hundreds of U.S. schools will supplement fire drills and tornado training next fall with simulations of school shootings. In response to the December shootings by an intruder at Sandy Hook Elementary School in Newtown, Connecticut, several states have enacted or are considering laws that require more and new types of school safety drills, more…

  2. 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.

  3. 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.

  4. Telemental health: responding to mandates for reform in primary healthcare.

    Science.gov (United States)

    Myers, Kathleen M; Lieberman, Daniel

    2013-06-01

    Telemental health (TMH) has established a niche as a feasible, acceptable, and effective service model to improve the mental healthcare and outcomes for individuals who cannot access traditional mental health services. The Accountability Care Act has mandated reforms in the structure, functioning, and financing of primary care that provide an opportunity for TMH to move into the mainstream healthcare system. By partnering with the Integrated Behavioral Healthcare Model, TMH offers a spectrum of tools to unite primary care physicians and mental health specialist in a mind-body view of patients' healthcare needs and to activate patients in their own care. TMH tools include video-teleconferencing to telecommute mental health specialists to the primary care setting to collaborate with a team in caring for patients' mental healthcare needs and to provide direct services to patients who are not progressing optimally with this collaborative model. Asynchronous tools include online therapies that offer an efficient first step to treatment for selected disorders such as depression and anxiety. Patients activate themselves in their care through portals that provide access to their healthcare information and Web sites that offer on-demand information and communication with a healthcare team. These synchronous and asynchronous TMH tools may move the site of mental healthcare from the clinic to the home. The evolving role of social media in facilitating communication among patients or with their healthcare team deserves further consideration as a tool to activate patients and provide more personalized care.

  5. 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.

  6. Case Law

    International Nuclear Information System (INIS)

    Anon.

    2009-01-01

    Different case law are presented in this part: By decision dated 17 july 2009, the Ontario Court of Appeal (Canada) has ruled on the scope of solicitor-client privilege and the protections that may be afforded to privileged investigations reports. The decision reaffirms the canadian court system view of the importance of the protection of solicitor-client privilege to the administration of justice; For United states here is a judgment of a U.S. court of Appeals on the design basis threat security rule (2009), this case concerns a challenge to the U.S. Nuclear regulatory commission (N.R.C.) revised design basis threat rule, which was adopted in 2007 (nuclear bulletin law no. 80). The petitioners public citizen, Inc., San Luis Obispo Mothers for Peace and the State of New York filed a lawsuit in the U.S. court of appeals for the Ninth circuit alleging that the N.R.C. acted arbitrarily and capriciously and in violation of law by refusing to include the treat of air attacks in its final revised design basis rule. On the 24. july 2009, a panel of three ninth circuit judges rules 2-1 that the N.R.C. acted reasonably in not including an air treat in its design basis rule. Secondly, judgment of a U.S. court of appeals on consideration of the environmental impact of terrorist attacks on nuclear facilities (2009), this case concerns the scope of the U.S. Nuclear regulatory commission environmental analysis during its review of applications to re-licence commercial nuclear power plants. New Jersey urged the N.R.C. to consider the environmental impact of an airborne terrorist attack on the power plant, arguing that such analysis was required by the national environmental policy act (N.E.P.A.). On 31. march 2009, a panel of three circuit judges declined to follow the ninth circuit opinion and affirmed NRC decision 3-0 ruling that NRC was not required to consider terrorism in its N.E.P.A. analysis because NRC re-licensing would not be a reasonably close cause of terrorism

  7. 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...

  8. 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.

  9. MANDATING DISCLOSURE OF CONSCIENCE-BASED LIMITATIONS ON MEDICAL PRACTICE.

    Science.gov (United States)

    Sawicki, Nadia N

    2016-01-01

    Stakeholders in law, medicine, and religion are unable to reach consensus about how best to address conflicts between healthcare providers' conscientious objections to treatment and patients' rights to access medical care. Conscience laws that protect objecting providers and institutions from liability are criticized as too broad by patient advocates and as too narrow by defenders of religious freedom. This Article posits that some of the tension between these stakeholders could be mitigated by statutory recognition of a duty on the part of healthcare institutions or providers to disclose conscientiously motivated limitations on practice. While this solution would not guarantee a patient's access to treatment, referral, or information from any given provider, it would prevent some of the more egregious cases of denial of treatment--those where patients are not made aware that a legal and clinically defensible treatment option is excluded from a provider's or institution's scope of practice and so have no opportunity to seek care elsewhere.

  10. Pollution law

    International Nuclear Information System (INIS)

    Triffterer, O.

    1980-01-01

    In the draft proposed by the legal advisory board the law for the controlling of environmental criminality was promulgated on 28th March 1980. The present commentary therefore - as seen from the results - corresponds in essential to the original assessment of the governmental draft. However, an introduction into the problems of environmental law precedes this commentary for the better unterstanding of all those not acquainted with pollution law and the whole legal matter. (orig./HP) [de

  11. Lindy's Law

    Science.gov (United States)

    Eliazar, Iddo

    2017-11-01

    Aging means that as things grow old their remaining expected lifetimes lessen. Either faster or slower, most of the things we encounter in our everyday lives age with time. However, there are things that do quite the opposite - they anti-age: as they grow old their remaining expected lifetimes increase rather than decrease. A quantitative formulation of anti-aging is given by the so-called ;Lindy's Law;. In this paper we explore Lindy's Law and its connections to Pareto's Law, to Zipf's Law, and to socioeconomic inequality.

  12. 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...

  13. 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.

  14. 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

  15. 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…

  16. Labour Law in Denmark

    DEFF Research Database (Denmark)

    Hasselbalch, Ole

    . Sources of Labour Law Chapter 6. International Private Labour Law – Conflicts of Law Selected Bibliography Part I. The Individual Employment Relation Chapter 1. Definitions and Concepts Chapter 2. Rights and Duties of the Parties during Employment Chapter 3. Working Time, Annual Holidays, Public Holidays...... Falling on a Normal Working Day and Leave Schemes Chapter 4. Remuneration and Benefits Chapter 5. Incapacity to Work Chapter 6. Job Security Chapter 7. Protection of Certain Categories of Employee and against Discrimination in Employment Chapter 8. Covenants of Non-competition and Non-solicitation Chapter....... Strikes, Lock-outs and Other Legal Forms of Industrial Action Chapter 6. Settlement of Industrial Disputes of Interest and Protection of Vital Needs Chapter 7. Disputes of Rights Introductory Remarks Part I. Implementation into National Law Chapter 1. Legal Sources Chapter 2. Objective and Scope Chapter 3...

  17. Case law

    International Nuclear Information System (INIS)

    2016-01-01

    This section treats of the following case laws: 1 - Case Law France: Conseil d'etat decision, 22 February 2016, EDF v. Republic and Canton of Geneva relative to the Bugey nuclear power plant (No. 373516); United States: Brodsky v. US Nuclear Regulatory Commission, 650 Fed. Appx. 804 (2. Cir. 2016)

  18. 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

  19. 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.

  20. 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.

  1. 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

  2. Case law

    International Nuclear Information System (INIS)

    2015-01-01

    This section treats of the following case laws: 1 - Canada: Decision of the Canadian Federal Court of Appeal overturning a decision to send back for reconsideration an environmental assessment of a proposed new nuclear power plant in Ontario; 2 - France: Council of State decision, 28 November 2014, Federation 'Reseau sortir du nucleaire' (Nuclear Phase-Out network) and others vs. Electricite de France (EDF), Request No. 367013 for the annulment of: - The resolution of the French Nuclear Safety Authority (ASN) dated 4 July 2011 specifying additional regulations for Electricite de France (EDF) designed to strengthen the reactor basemat of reactor No. 1 in the Fessenheim nuclear power plant, and - The resolution of ASN dated 19 December 2012 approving the start of work on reinforcing the reactor basemat in accordance with the dossier submitted by EDF; 3 - Germany: Judgment of the European Court of Justice on the nuclear fuel tax; 4 - India: Judgment of the High Court of Kerala in a public interest litigation challenging the constitutional validity of the Civil Liability for Nuclear Damage Act, 2010; 5 - Japan - District court decisions on lawsuits related to the restart of Sendai NPP and Takahama NPP; 6 - Poland: Decision of the Masovian Voivod concerning the legality of the resolution on holding a local referendum in the Commune of Rozan regarding a new radioactive waste repository; Certain provisions of the Regulation of the Minister of Health of 18 February 2011 on the conditions for safe use of ionising radiation for all types of medical exposure have been declared unconstitutional by a judgment pronounced by the Constitutional Tribunal; 7 - Slovak Republic: Developments in relation to the disclosure of information concerning the Mochovce nuclear power plant

  3. 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

  4. 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.

  5. Community energy systems and the law of public utilities. Volume thirty-eight. Oklahoma. Final report of a study of the impacts of regulations affecting the acceptance of integrated community energy systems

    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 Oklahoma 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.

  6. 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.

  7. Case - Case-Law - Law

    DEFF Research Database (Denmark)

    Sadl, Urska

    2013-01-01

    Reasoning of the Court of Justice of the European Union – Constr uction of arguments in the case-law of the Court – Citation technique – The use of formulas to transform case-law into ‘law’ – ‘Formulaic style’ – European citizenship as a fundamental status – Ruiz Zambrano – Reasoning from...

  8. Los catalogos en linea de aceso publico en las bibliotecas argentinas concolecciones juridicas Online public access catalogs in argentine libraries with law collections

    Directory of Open Access Journals (Sweden)

    Carolina Gregui

    2006-01-01

    Full Text Available Se analizan las interfaces de usuario de los catálogos en línea de acceso público (OPACs en entorno web de las bibliotecas argentinas con colecciones jurídicas, a fin de elaborar un diagnóstico de situación sobre la descripción bibliográfica, el análisis temático, los mensajes de ayuda al usuario y la visualización de los datos bibliográficos. Se adopta una metodología cuali-cuantitativa, se utiliza como instrumento de recolección de datos la lista de funcionalidades del sistema que proporciona Hildreth (1982, se actualiza en función de los nuevos desarrollos y se obtiene un formulario que permite, mediante 38 preguntas cerradas, observar la frecuencia de aparición de las funcionalidades básicas propias de cuatro áreas: Área I - control de operaciones; Área II, subdividida en control de formulación de la búsqueda y punto de acceso; Área III - control de salida y Área IV - asistencia al usuario: información e instrucción. Se trabaja con la información correspondiente a 43 unidades. Los resultados demuestran que la mayoría de los OPACs relevados brindan prestaciones mínimas, por lo que se encuentran en una fase inicial de implementación y no responden, por lo tanto, a las necesidades de los usuarios.User interfaces of web based online public access catalogs (OPACs of Argentine libraries with law collections are studied to provide a diagnosis of the situation of bibliographic description, subject analisis, help messages and bibliographic display. A cuali-cuantitative methodology is adopted and a checklist of systems functions created by Hildreth (1982, updated according to recent advances, has been used as data collection tool. The resulting 38 closed questions checklist has allowed to observe the frequency of appearance of the basic functions of four areas: Area I – operational control; Area II, subdivided in search formulation control and access points; Area III – output control and IV – user assistance

  9. Nuclear Law

    International Nuclear Information System (INIS)

    Pascal, Maurice.

    1979-01-01

    This book on nuclear law is the first of a series of analytical studies to be published by the French Energy Commission (CEA) concerning all the various nuclear activities. It describes national and international legislation applicable in France covering the following main sectors: the licensing procedure for nuclear installations, the law of the sea and nuclear law, the legal system governing radioisotopes, the transport of radioactive materials, third party liability and insurance and radiation protection. In each chapter, the overall analysis is supplemented by the relevant regulatory texts and by organisation charts in annex. (NEA) [fr

  10. Do restrictive omnibus immigration laws reduce enrollment in public health insurance by Latino citizen children? A comparative interrupted time series study.

    Science.gov (United States)

    Allen, Chenoa D; McNeely, Clea A

    2017-10-01

    In the United States, there is concern that recent state laws restricting undocumented immigrants' rights could threaten access to Medicaid and the Children's Health Insurance Program (CHIP) for citizen children of immigrant parents. Of particular concern are omnibus immigration laws, state laws that include multiple provisions increasing immigration enforcement and restricting rights for undocumented immigrants. These laws could limit Medicaid/CHIP access for citizen children in immigrant families by creating misinformation about their eligibility and fostering fear and mistrust of government among immigrant parents. This study uses nationally-representative data from the National Health Interview Survey (2005-2014; n = 70,187) and comparative interrupted time series methods to assess whether passage of state omnibus immigration laws reduced access to Medicaid/CHIP for US citizen Latino children. We found that law passage did not reduce enrollment for children with noncitizen parents and actually resulted in temporary increases in coverage among Latino children with at least one citizen parent. These findings are surprising in light of prior research. We offer potential explanations for this finding and conclude with a call for future research to be expanded in three ways: 1) examine whether policy effects vary for children of undocumented parents, compared to children whose noncitizen parents are legally present; 2) examine the joint effects of immigration-related policies at different levels, from the city or county to the state to the federal; and 3) draw on the large social movements and political mobilization literature that describes when and how Latinos and immigrants push back against restrictive immigration laws. Copyright © 2017 Elsevier Ltd. All rights reserved.

  11. Conservation Law Enforcement Program Standardization

    National Research Council Canada - National Science Library

    Rogers, Stan

    2004-01-01

    The ultimate goal of standardization is to develop a safe and effective program that is recognized within the USAF, DoD, and by other Federal and state law enforcement agencies, and the general public...

  12. Islamic Law

    OpenAIRE

    Doranda Maracineanu

    2009-01-01

    The law system of a State represents the body of rules passed or recognized by that State inorder to regulate the social relationships, rules that must be freely obeyed by their recipients, otherwisethe State intervening with its coercive power. Throughout the development of the society, pedants havebeen particularly interested in the issue of law systems, each supporting various classifications; theclassification that has remained is the one distinguishing between the Anglo-Saxon, the Roman-...

  13. 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.)

  14. 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.

  15. Vaccine mandates, public trust, and vaccine confidence: understanding perceptions is important.

    Science.gov (United States)

    Widdus, Roy; Larson, Heidi

    2018-05-01

    The experience in Australia with penalizing parents who refuse to have their children vaccinated demonstrates the need to study and understand resistance to vaccination as a global phenomenon with particular local manifestations.

  16. Compliance Parameters through Risk Analysis Methodology for Strict Liability Mitigation According to the Law Anti- Corruption (12.846 / 2013 Regarding Public Business

    Directory of Open Access Journals (Sweden)

    Beatriz Miranda Batisti

    2016-11-01

    Full Text Available The Law 12,846 / 2013 has the scope to fight it and enable companies to become active agents in this intent. The repressive aspect of the legislation can be mitigated if the company adopts strategies of prevention through compliance programs. The preventive effectiveness of this law will depend on the analysis of legal aspects and business management topics. The risk analysis methodology and the adoption of objective parameters for the management of anti-corruption risks, allows companies to build an integrity program that puts in focus the ethical actions necessary for companies willing to negotiate with the government.

  17. Energy law '90

    International Nuclear Information System (INIS)

    1990-01-01

    The International Bar Association's Section on Energy and Natural Resources Law selected eight key topics for discussion at their ninth seminar in the Netherlands in 1990. Only two papers specifically related to nuclear power and these were within the topic of environmental issues facing the energy industries. Both papers dealt with the legal aspects of nuclear plants sited near national borders and covered international law and the need for standardized regulations and agreements on issues such as environmental impacts, safety, radiological protection, public information and emergency plans in case of accidents. (UK)

  18. 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.

  19. Law project modified by the Senate after urgency declaration relative to the electric and gas public utilities and to the power and gas companies; Projet de loi modifie par le Senat apres declaration d'urgence 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 modifications made by the French Senate after the first reading of the law project adopted by the House of Commons and relative to the change of status of the power and gas public utilities in the framework of the deregulation of European energy markets. This law changes the juridical status of the two state monopolies 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. The document lists the modifications made by the Senate article by article. (J.S.)

  20. Estado democrático de direito e políticas públicas: estatal é necessariamente público? Democratic rule of law and public policies: does state-owned necessarily mean public?

    Directory of Open Access Journals (Sweden)

    Ana Monteiro

    2006-08-01

    Full Text Available O presente texto tem como cenário o "apartheid social contemporâneo" que caracteriza a sociedade de controle globalizado onde, apesar da precarização do mercado de trabalho, difunde-se cada vez mais a subjetividade do trabalho formal como a verdadeira natureza do homem. Nesta perspectiva, o "cidadão humano" é aquele que se vincula, rápida e prontamente, à lógica capitalista. Neste contexto, coloca-se em análise o que significam as políticas públicas formuladas e implementadas por este Estado capitalista. Para tal, apresenta-se um pequeno histórico do mito do Estado Democrático de Direito no Brasil, em especial, a partir dos chamados novos movimentos sociais que emergem na segunda metade dos anos de 1970 e por toda a década seguinte. Utilizando-se da perspectiva foucaultiana que se contrapõe aos postulados tradicionais da esquerda, pensa-se o poder como relação de forças imanentes materializadas em práticas, técnicas e disciplinas, diversas e dispersas, presentes em todo o campo social, envolvendo igualmente dominadores e dominados. A partir daí, parte-se para a afirmação de práticas publicizantes que necessariamente não precisam estar vinculadas ao Estado; de direitos construídos na experiência concreta dos homens, de suas lutas, e não do Homem idealizado, de direitos idealizados. Parte-se, enfim, para repensar a relação entre Estado e políticas públicas.The present work is set in a scenario of "contemporary social apartheid" which represents the society of global control where, despite the growth of precarious work conditions, the subjectivities of formal work are more and more preached as being the true nature of man. From this perspective, the "human citizen" is one that fast and readily relates him or herself to the capitalistic logic. In this context, the meaning of public policies made and implemented by that State is considered. For that purpose, a brief history of the myth of the Democratic Rule of Law in