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Sample records for united states law

  1. State cigarette minimum price laws - United States, 2009.

    Science.gov (United States)

    2010-04-09

    Cigarette price increases reduce the demand for cigarettes and thereby reduce smoking prevalence, cigarette consumption, and youth initiation of smoking. Excise tax increases are the most effective government intervention to increase the price of cigarettes, but cigarette manufacturers use trade discounts, coupons, and other promotions to counteract the effects of these tax increases and appeal to price-sensitive smokers. State cigarette minimum price laws, initiated by states in the 1940s and 1950s to protect tobacco retailers from predatory business practices, typically require a minimum percentage markup to be added to the wholesale and/or retail price. If a statute prohibits trade discounts from the minimum price calculation, these laws have the potential to counteract discounting by cigarette manufacturers. To assess the status of cigarette minimum price laws in the United States, CDC surveyed state statutes and identified those states with minimum price laws in effect as of December 31, 2009. This report summarizes the results of that survey, which determined that 25 states had minimum price laws for cigarettes (median wholesale markup: 4.00%; median retail markup: 8.00%), and seven of those states also expressly prohibited the use of trade discounts in the minimum retail price calculation. Minimum price laws can help prevent trade discounting from eroding the positive effects of state excise tax increases and higher cigarette prices on public health.

  2. State laws on tobacco control--United States, 1998.

    Science.gov (United States)

    Fishman, J A; Allison, H; Knowles, S B; Fishburn, B A; Woollery, T A; Marx, W T; Shelton, D M; Husten, C G; Eriksen, M P

    1999-06-25

    State laws addressing tobacco use, the leading preventable cause of death in the United States, are summarized. Laws address smoke-free indoor air, minors' access to tobacco products, advertising of tobacco products, and excise taxes on tobacco products. Legislation effective through December 31, 1998. CDC identified laws addressing tobacco control by using an on-line legal research database. CDC's findings were verified with the National Cancer Institute's State Cancer Legislative Database. Since a previous surveillance summary on state tobacco-control laws published in November 1995 (covering legislation effective through June 30, 1995), several states have enacted new restrictions or strengthened existing legislation that addresses smoke-free indoor air, minors' access to tobacco, tobacco advertising, and tobacco taxes. Five states strengthened their smoke-free indoor air legislation. All states and Washington, D.C., continued to prohibit the sale and distribution of tobacco products to minors; however, 21 states expanded minors' access laws by designating enforcement authorities, adding license suspension or revocation for sale to minors, or requiring signage. Since the 1995 report, eight additional states (a total of 19 states and Washington, D.C.) now ban vending machines from areas accessible to minors. Thirteen states restrict advertising of tobacco products, an increase of four states since the 1995 report. Although the number of states that tax cigarettes and smokeless tobacco did not change, 13 states increased excise taxes on cigarettes, and five states increased excise taxes on smokeless tobacco products. The average state excise tax on cigarettes is 38.9 cents per pack, an increase of 7.4 cents compared with the average tax in the 1995 report. State laws addressing tobacco control vary in relation to restrictiveness, enforcement and penalties, preemptions, and exceptions. The data summarizing state tobacco-control laws are available through CDC

  3. Green energy laws and Republican legislators in the United States

    International Nuclear Information System (INIS)

    Coley, Jonathan S.; Hess, David J.

    2012-01-01

    The policy context for green energy laws in the United States has changed over the past few years, because the Republican Party has increasingly opposed renewable electricity and other green energy policies. In this study, we draw on a database of 6071 votes on RPS (renewable portfolio standards) and PACE (Property-Assessed Clean Energy) laws by individual state legislators in the United States to examine the circumstances shaping Republican votes for green energy laws from 2007–2011. We find that votes on these laws are indeed increasingly partisan, with Republicans supporting RPS laws especially less than Democrats. However, Republicans' support for these laws is higher in states with weaker fossil fuel industries. Furthermore, Republicans tend to support the laws where median household income is lower, environmental organizations are weaker, labor-environmental coalitions are absent, and the proportion of Democrats in the legislature is lower, suggesting a reactive effect against green energy policies in more progressive settings. - Highlights: ► We analyze Republican votes for state RPS and PACE laws from 2007–2011. ► Support for RPS laws declined, while support for PACE laws remained steady. ► Support for both laws is lower in states with strong fossil fuel industries. ► Support for both laws is lower in more Democratic legislatures.

  4. 49 CFR 24.208 - Aliens not lawfully present in the United States.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 1 2010-10-01 2010-10-01 false Aliens not lawfully present in the United States... Requirements § 24.208 Aliens not lawfully present in the United States. (a) Each person seeking relocation... of an individual, that he or she is either a citizen or national of the United States, or an alien...

  5. State Gun Law Environment and Youth Gun Carrying in the United States.

    Science.gov (United States)

    Xuan, Ziming; Hemenway, David

    2015-11-01

    Gun violence and injuries pose a substantial threat to children and youth in the United States. Existing evidence points to the need for interventions and policies for keeping guns out of the hands of children and youth. (1) To examine the association between state gun law environment and youth gun carrying in the United States, and (2) to determine whether adult gun ownership mediates this association. This was a repeated cross-sectional observational study design with 3 years of data on youth gun carrying from US states. The Youth Risk Behavior Survey comprises data of representative samples of students in grades 9 to 12 from biennial years of 2007, 2009, and 2011. We hypothesized that states with more restrictive gun laws have lower rates of youth gun carrying, and this association is mediated by adult gun ownership. State gun law environment as measured by state gun law score. Youth gun carrying was defined as having carried a gun on at least 1 day during the 30 days before the survey. In the fully adjusted model, a 10-point increase in the state gun law score, which represented a more restrictive gun law environment, was associated with a 9% decrease in the odds of youth gun carrying (adjusted odds ratio [AOR], 0.91 [95% CI, 0.86-0.96]). Adult gun ownership mediated the association between state gun law score and youth gun carrying (AOR, 0.94 [ 95% CI, 0.86-1.01], with 29% attenuation of the regression coefficient from -0.09 to -0.07 based on bootstrap resampling). More restrictive overall gun control policies are associated with a reduced likelihood of youth gun carrying. These findings are relevant to gun policy debates about the critical importance of strengthening overall gun law environment to prevent youth gun carrying.

  6. Anti-Terrorism Authority Under the Laws of the United Kingdom and the United States

    National Research Council Canada - National Science Library

    Feikert, Clare; Doyle, Charles

    2006-01-01

    This is a comparison of the laws of the United Kingdom and of the United States that govern criminal and intelligence investigations of terrorist activities Both systems rely upon a series of statutory authorizations...

  7. Drone Warfare: Is the United States Violating the Law of Armed Conflict

    Science.gov (United States)

    2011-02-16

    NOTE AIR WAR COLLEGE AIR UNIVERSITY DRONE WARFARE: IS THE UNITED STATES VIOLATING THE LAW OF ARMED CONFLICT? by Barbara E. Shestko, Col...Base, Alabama. 1 Introduction The United States has become increasingly dependent upon the use of unmanned aircraft systems (UASs) or “ drones ” to...kill targeted members of al-Qaeda and the Taliban.1 Due to the success of drone warfare, we can expect the United States to continue its current

  8. Case law: Canada, France, Switzerland, United States

    International Nuclear Information System (INIS)

    Anon.

    2012-01-01

    Canada: Appellate decision upholding nuclear regulatory licensing process and practices for consultation with aboriginal groups: Fond du Lac Denesuline First Nation v. Canada (Attorney General). France: Court of Appeal of Nimes regarding the SOCATRI incident in July 2008; Conseil d'Etat regarding the association Reseau 'Sortir du nucleaire'. Switzerland: Judgement of the Federal Administrative Court in the matter of Balmer-Schafroth a.o.v. BKW FMB Energy Ltd on the repeal of the time limitation with respect to the operating licence for the Muehleberg nuclear power plant. United States: Judgement of a US District Court granting a permanent injunction against the State of Vermont in order to prevent certain State laws from prohibiting Vermont Yankee nuclear power plant's continued operation

  9. Medical cannabis laws and opioid analgesic overdose mortality in the United States, 1999-2010.

    Science.gov (United States)

    Bachhuber, Marcus A; Saloner, Brendan; Cunningham, Chinazo O; Barry, Colleen L

    2014-10-01

    Opioid analgesic overdose mortality continues to rise in the United States, driven by increases in prescribing for chronic pain. Because chronic pain is a major indication for medical cannabis, laws that establish access to medical cannabis may change overdose mortality related to opioid analgesics in states that have enacted them. To determine the association between the presence of state medical cannabis laws and opioid analgesic overdose mortality. A time-series analysis was conducted of medical cannabis laws and state-level death certificate data in the United States from 1999 to 2010; all 50 states were included. Presence of a law establishing a medical cannabis program in the state. Age-adjusted opioid analgesic overdose death rate per 100 000 population in each state. Regression models were developed including state and year fixed effects, the presence of 3 different policies regarding opioid analgesics, and the state-specific unemployment rate. Three states (California, Oregon, and Washington) had medical cannabis laws effective prior to 1999. Ten states (Alaska, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, Rhode Island, and Vermont) enacted medical cannabis laws between 1999 and 2010. States with medical cannabis laws had a 24.8% lower mean annual opioid overdose mortality rate (95% CI, -37.5% to -9.5%; P = .003) compared with states without medical cannabis laws. Examination of the association between medical cannabis laws and opioid analgesic overdose mortality in each year after implementation of the law showed that such laws were associated with a lower rate of overdose mortality that generally strengthened over time: year 1 (-19.9%; 95% CI, -30.6% to -7.7%; P = .002), year 2 (-25.2%; 95% CI, -40.6% to -5.9%; P = .01), year 3 (-23.6%; 95% CI, -41.1% to -1.0%; P = .04), year 4 (-20.2%; 95% CI, -33.6% to -4.0%; P = .02), year 5 (-33.7%; 95% CI, -50.9% to -10.4%; P = .008), and year 6 (-33.3%; 95% CI, -44.7% to

  10. The Dynamics of Marriage Law and Custom in the United States

    Directory of Open Access Journals (Sweden)

    Elizabeth Ann Wilson Whetmore

    2013-02-01

    Full Text Available This article examines changes in marriage laws and related cultural norms and values in the United States across the last several decades, and discusses correlating worldview shifts. It appears that the “traditional” worldview produced earlier laws, cultural norms and values, and changes to these have corresponded with a cultural worldview shift, first into “modernism” and then towards “postmodernism.” The implications of these worldview shifts for ongoing change to marriage law and custom are also analyzed.

  11. The Education of Law Librarians in the United States from the Library School Perspective

    Science.gov (United States)

    Jaeger, Paul T.; Gorham, Ursula

    2017-01-01

    In the United States, the occupation of law librarianship has existed longer than the American Library Association, and law librarians have their own professional organization that is now more than 100 years old. Throughout this history, however, the related issues of degree requirements and education standards for law librarians have been…

  12. Medical Cannabis Laws and Opioid Analgesic Overdose Mortality in the United States, 1999–2010

    Science.gov (United States)

    Bachhuber, Marcus A.; Saloner, Brendan; Cunningham, Chinazo O.; Barry, Colleen L.

    2015-01-01

    IMPORTANCE Opioid analgesic overdose mortality continues to rise in the United States, driven by increases in prescribing for chronic pain. Because chronic pain is a major indication for medical cannabis, laws that establish access to medical cannabis may change overdose mortality related to opioid analgesics in states that have enacted them. OBJECTIVE To determine the association between the presence of state medical cannabis laws and opioid analgesic overdose mortality. DESIGN, SETTING, AND PARTICIPANTS A time-series analysis was conducted of medical cannabis laws and state-level death certificate data in the United States from 1999 to 2010; all 50 states were included. EXPOSURES Presence of a law establishing a medical cannabis program in the state. MAIN OUTCOMES AND MEASURES Age-adjusted opioid analgesic overdose death rate per 100 000 population in each state. Regression models were developed including state and year fixed effects, the presence of 3 different policies regarding opioid analgesics, and the state-specific unemployment rate. RESULTS Three states (California, Oregon, and Washington) had medical cannabis laws effective prior to 1999. Ten states (Alaska, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Mexico, Rhode Island, and Vermont) enacted medical cannabis laws between 1999 and 2010. States with medical cannabis laws had a 24.8% lower mean annual opioid overdose mortality rate (95% CI, −37.5% to −9.5%; P = .003) compared with states without medical cannabis laws. Examination of the association between medical cannabis laws and opioid analgesic overdose mortality in each year after implementation of the law showed that such laws were associated with a lower rate of overdose mortality that generally strengthened over time: year 1 (−19.9%; 95% CI, −30.6% to −7.7%; P = .002), year 2 (−25.2%; 95% CI, −40.6% to −5.9%; P = .01), year 3 (−23.6%; 95% CI, −41.1% to −1.0%; P = .04), year 4 (−20.2%; 95% CI, −33.6% to −4

  13. Privacy of genetic information: a review of the laws in the United States.

    Science.gov (United States)

    Fuller, B; Ip, M

    2001-01-01

    This paper examines the privacy of genetic information and the laws in the United States designed to protect genetic privacy. While all 50 states have laws protecting the privacy of health information, there are many states that have additional laws that carve out additional protections specifically for genetic information. The majority of the individual states have enacted legislation to protect individuals from discrimination on the basis of genetic information, and most of this legislation also has provisions to protect the privacy of genetic information. On the Federal level, there has been no antidiscrimination or genetic privacy legislation. Secretary Donna Shalala of the Department of Health and Human Services has issued proposed regulations to protect the privacy of individually identifiable health information. These regulations encompass individually identifiable health information and do not make specific provisions for genetic information. The variety of laws regarding genetic privacy, some found in statutes to protect health information and some found in statutes to prevent genetic discrimination, presents challenges to those charged with administering and executing these laws.

  14. State review United States of America. Risks and risk assessment according to the law of the United States of America

    International Nuclear Information System (INIS)

    Feldmann, F.J.

    1980-01-01

    In the chapter 'Risk Assessment in Atomic Energy Law of the United States' of this report you find among other things the Atomic Energy Act, the approval conditions, General Design Criteria for Nuclear Power Plants, the defense-in-depth concept, probabilistic safety studies, probabilistic probability assessments in the case of external influences onto nuclear power plants, quantitative analyses of the consequences of conceivable accidents, reduction of radiation exposure, the National Environmental Policy Act, the environmental compatibility declaration, the so-called residual risk under the environmental aspect, the classification of the accidents into 9 types, new developments concerning accident analysis, effects of the nuclear fuel cycle on environment, indicial decisions. The chapter about 'Risk Assessment in Civil Law, Criminal Law and Law on Protection of the Environment', deals among other things with the Law on nuisance, the Clean Air Act, the Federal Environmental Pesticide Control Act. In 'Problems of the Cost-Efficiency-Analysis' the significance and purpose of this analysis, the availability of data and information, the monetary quantification of risks and costs, alternatives and the danger of misuse are illustrated. (HSCH) [de

  15. 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.

  16. Managing crime through migration law in Australia and the United States: a comparative analysis.

    Science.gov (United States)

    Hoang, Khanh; Reich, Sudrishti

    2017-01-01

    This article examines the intertwining of migration law and criminal law - termed 'crimmigration' by scholars - in Australia and the United States of America, and its implications for non-citizens who engage in criminal conduct. Our comparison of the two systems demonstrates that the laws and policies in both jurisdictions are similar to a significant degree. Both have strong exclusionary policies characterised by sweeping visa cancellation/removal powers, a heavy focus on enforcement, and limited review rights. In Australia, legislative amendments in 2014 have given the executive greater powers to cancel visas and remove non-citizens on character grounds as a means of ensuring national security and public safety. This has coincided with a new law enforcement body created within the Australian Department of Immigration. These changes reflect a repurposing of migration law as a tool for managing criminal threats based on the concept of 'risk management'. Drawing on the experience of the United States - where such a 'risk management' approach is entrenched - we query the utility of this shift and highlight the potential pitfalls of pursuing such a policy for Australia.

  17. Estimates of the Lawful Permanent Resident Population in the United States: January 2013

    Data.gov (United States)

    Department of Homeland Security — This report presents estimates of the lawful permanent resident (LPR) population living in the United States on January 1, 2013. The LPR population includes persons...

  18. Estimates of the Lawful Permanent Resident Population in the United States: January 2014

    Data.gov (United States)

    Department of Homeland Security — This report presents estimates of the lawful permanent resident (LPR) population living in the United States on January 1, 2014. The LPR population includes persons...

  19. Parenting and the workplace: The construction of parenting protections in United States law

    OpenAIRE

    Eichner Maxine

    2008-01-01

    Abstract In this paper, I discuss the shortcomings of the legal protections that exist for pregnancy, breastfeeding, and parenting for United States' workers. The two main sources of protection for pregnancy and parenting in United States employment law are the Pregnancy Discrimination Act (PDA) and the Family and Medical Leave Act (FMLA). Both, I argue, contain inadequate protections for the needs of pregnant women and breastfeeding mothers, as well as their infants. I consider what it is ab...

  20. Jurisdiction in international law : United States and European perspectives

    OpenAIRE

    Ryngaert, Cedric

    2007-01-01

    This study starts with a quote by Professor Meessen: “The function of scholars of international law offers less opportunity for creative thinking [compared to scholars of conflict of laws]: they may compile and analyze state practice, but they cannot replace it with their own concepts.”[1] This study, which primarily looks at the phenomenon of jurisdiction through a (public) international law lens, rejects that limiting claim. While the current state of the international law of jurisdiction ...

  1. The threat in Iran and United States of America criminal law

    Directory of Open Access Journals (Sweden)

    Mohammad Ali Mahdavi Sabet

    2017-06-01

    Full Text Available Iran criminal law and United States of America have considered the threat as a crime and have imposed the penalty for it. The threat importance is considered in where that from one side the persons and civilians in accordance with domestic laws and international documents are involved very important right entitled of "Freedom of speech" and the mentioned rights violation is associated with domestic and foreign criminal sanctions and on the other hand, the expression of some words or commit a certain attitude with them and in accordance with the same laws are prohibited and to be considered as the criminal threat. However, the laws of both countries have adopted different approaches regarding the circumstances realization of the mentioned crime and some of its examples, although in some criminal threat characteristics such as lack of necessity to apply the means are unlawful and have similarity in its intentionality. In order to detailed understanding of the similarities and differences of criminal threats in Iran and America laws, which leads to the identification of existing disadvantages and advantages and providing the strategies regarding the deficiencies of the current laws and trends, so we are investigating the structure and threat features in criminal law of both countries.

  2. A Systematic Evaluation of State Laws Governing Optometric Glaucoma Management in the United States Upto 2015.

    Science.gov (United States)

    Chodnicki, Kevin; Kalarn, Sachin; Quinn, Laura; Jampel, Henry; Saeedi, Osamah

    2018-03-01

    To describe state laws that govern the optometric practice of glaucoma management in the United States and to correlate those laws with state demographics upto 2015. We performed a cross-sectional ecological study of the 50 United States and the District of Columbia. Regulations governing optometric scope of practice as written by each state Board of Optometry were reviewed. Specific optometric privileges assessed included: ability to manage glaucoma independently, use of diagnostic pharmaceutical agents, use of therapeutic pharmaceutical agents (including topical and oral steroids and other oral pharmaceutical agents), IV injections, intraocular injections, therapeutic lasers, presence of defined referral, and comanagement guidelines, and hours of yearly continuing education needed for glaucoma management. Optometric privilege was compared with demographic and employment information for each state. Optometrists in all states, except for Massachusetts, and the District of Columbia are allowed to manage glaucoma; 16 states have defined comanagement guidelines. Therapeutic lasers are allowed in 3 states: Kentucky, Louisiana, and Oklahoma. States with defined comanagement guidelines had a mean of 6.9±1.9 ophthalmologists per 100,000 people, significantly more than the 5.3±1.1 in states without defined comanagement of glaucoma (Pstate, the less likely there is to be defined comanagement [β (SE)=-0.008 (0.003), P=0.02] and the greater the number of ophthalmologists in a given state, the more likely a state has defined comanagement [β (SE)=-0.13 (0.006)]. There is a diversity of regulations that govern optometric management of glaucoma in each of the 50 states and the District of Columbia. The number of optometrists and ophthalmologists in a state may influence state regulations governing optometric practice and referral guidelines.

  3. Climate change law and politics in the United States

    International Nuclear Information System (INIS)

    Gerrard, Michael B.

    2014-01-01

    The United States has an extensive system of environmental law. Congress has passed numerous environmental statutes, but no major ones since 1990. While there was a general consensus on the need for environmental regulation during the 1970s and 1980s, it has broken down and the issue has become the subject of bitter partisan division. One consequence is that the U.S. has no comprehensive statute on climate change, and none appears imminent. A sweeping climate change bill passed the House of Representatives in 2009 but died in the Senate in 2010, and the political situation is such that it now appears that it will be at least several years before Congress enacts any serious climate change legislation. Meanwhile, the federal government is utilizing old statutes, especially the Clean Air Act of 1970, to cobble together a regulatory program. States and regional groupings of states, as well as cities, are also playing important roles in formulating climate change strategies.

  4. Climate change law and politics in the United States

    Energy Technology Data Exchange (ETDEWEB)

    Gerrard, Michael B. [Columbia Law School New York, NY (United States). Center for Climate Change Law

    2014-07-01

    The United States has an extensive system of environmental law. Congress has passed numerous environmental statutes, but no major ones since 1990. While there was a general consensus on the need for environmental regulation during the 1970s and 1980s, it has broken down and the issue has become the subject of bitter partisan division. One consequence is that the U.S. has no comprehensive statute on climate change, and none appears imminent. A sweeping climate change bill passed the House of Representatives in 2009 but died in the Senate in 2010, and the political situation is such that it now appears that it will be at least several years before Congress enacts any serious climate change legislation. Meanwhile, the federal government is utilizing old statutes, especially the Clean Air Act of 1970, to cobble together a regulatory program. States and regional groupings of states, as well as cities, are also playing important roles in formulating climate change strategies.

  5. Firearm Prevalence and Homicides of Law Enforcement Officers in the United States.

    Science.gov (United States)

    Swedler, David I; Simmons, Molly M; Dominici, Francesca; Hemenway, David

    2015-10-01

    In the United States, state firearm ownership has been correlated with homicide rates. More than 90% of homicides of law enforcement officers (LEOs) are committed with firearms. We examined the relationship between state firearm ownership rates and LEO occupational homicide rates. We obtained the number LEOs killed from 1996 to 2010 from a Federal Bureau of Investigation (FBI) database. We calculated homicide rates per state as the number of officers killed per number of LEOs per state, obtained from another FBI database. We obtained the mean household firearm ownership for each state from the Behavioral Risk Factor Surveillance System. Using Poisson regression and controlling for factors known to affect homicide rates, we associated firearm ownership with the homicide rates for LEOs (incidence rate ratio = 1.044; P = .005); our results were supported by cross-sectional and longitudinal sensitivity analyses. LEO homicide rates were 3 times higher in states with high firearm ownership compared with states with low firearm ownership. High public gun ownership is a risk for occupational mortality for LEOs in the United States. States could consider methods for reducing firearm ownership as a way to reduce occupational deaths of LEOs.

  6. Parenting and the workplace: the construction of parenting protections in United States law.

    Science.gov (United States)

    Eichner, Maxine

    2008-08-04

    In this paper, I discuss the shortcomings of the legal protections that exist for pregnancy, breastfeeding, and parenting for United States' workers. The two main sources of protection for pregnancy and parenting in United States employment law are the Pregnancy Discrimination Act (PDA) and the Family and Medical Leave Act (FMLA). Both, I argue, contain inadequate protections for the needs of pregnant women and breastfeeding mothers, as well as their infants. I consider what it is about the way these statutes conceptualize the needs of pregnant women, mothers, and their babies, that prevents more robust protection of their needs. I then compare the minimal protection afforded American women and families with more progressive policies in other countries to highlight the possibilities that arise when the state affirmatively supports working parents and their children.

  7. The Future of Labor and Employment Law in the United States

    OpenAIRE

    Stone, Katherine

    2008-01-01

    There is a serious problem with the labor and employment law system in the United States today. Unions have declined to the point where they represent less than 8 per cent of the private sector workforce, employee wages have stagnated for more than three decades, employers are cutting back on workers’ health insurance and pensions, and there is a dramatic growth in the numbers of the working poor. At the same time, there has been a rising chorus of complaints from labor scholars that the labo...

  8. Firearm Prevalence and Homicides of Law Enforcement Officers in the United States

    Science.gov (United States)

    Simmons, Molly M.; Dominici, Francesca; Hemenway, David

    2015-01-01

    Objectives. In the United States, state firearm ownership has been correlated with homicide rates. More than 90% of homicides of law enforcement officers (LEOs) are committed with firearms. We examined the relationship between state firearm ownership rates and LEO occupational homicide rates. Methods. We obtained the number LEOs killed from 1996 to 2010 from a Federal Bureau of Investigation (FBI) database. We calculated homicide rates per state as the number of officers killed per number of LEOs per state, obtained from another FBI database. We obtained the mean household firearm ownership for each state from the Behavioral Risk Factor Surveillance System. Results. Using Poisson regression and controlling for factors known to affect homicide rates, we associated firearm ownership with the homicide rates for LEOs (incidence rate ratio = 1.044; P = .005); our results were supported by cross-sectional and longitudinal sensitivity analyses. LEO homicide rates were 3 times higher in states with high firearm ownership compared with states with low firearm ownership. Conclusions. High public gun ownership is a risk for occupational mortality for LEOs in the United States. States could consider methods for reducing firearm ownership as a way to reduce occupational deaths of LEOs. PMID:26270316

  9. Parenting and the workplace: The construction of parenting protections in United States law

    Directory of Open Access Journals (Sweden)

    Eichner Maxine

    2008-08-01

    Full Text Available Abstract In this paper, I discuss the shortcomings of the legal protections that exist for pregnancy, breastfeeding, and parenting for United States' workers. The two main sources of protection for pregnancy and parenting in United States employment law are the Pregnancy Discrimination Act (PDA and the Family and Medical Leave Act (FMLA. Both, I argue, contain inadequate protections for the needs of pregnant women and breastfeeding mothers, as well as their infants. I consider what it is about the way these statutes conceptualize the needs of pregnant women, mothers, and their babies, that prevents more robust protection of their needs. I then compare the minimal protection afforded American women and families with more progressive policies in other countries to highlight the possibilities that arise when the state affirmatively supports working parents and their children.

  10. 12 CFR 987.2 - Law governing rights and obligations of Banks, Finance Board, Office of Finance, United States...

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Law governing rights and obligations of Banks, Finance Board, Office of Finance, United States and Federal Reserve Banks; rights of any Person against Banks, Finance Board, Office of Finance, United States and Federal Reserve Banks. 987.2 Section 987.2 Banks and Banking FEDERAL HOUSING FINANCE...

  11. Law-based arguments and messages to advocate for later school start time policies in the United States.

    Science.gov (United States)

    Lee, Clark J; Nolan, Dennis M; Lockley, Steven W; Pattison, Brent

    2017-12-01

    The increasing scientific evidence that early school start times are harmful to the health and safety of teenagers has generated much recent debate about changing school start times policies for adolescent students. Although efforts to promote and implement such changes have proliferated in the United States in recent years, they have rarely been supported by law-based arguments and messages that leverage the existing legal infrastructure regulating public education and child welfare in the United States. Furthermore, the legal bases to support or resist such changes have not been explored in detail to date. This article provides an overview of how law-based arguments and messages can be constructed and applied to advocate for later school start time policies in US public secondary schools. The legal infrastructure impacting school start time policies in the United States is briefly reviewed, including descriptions of how government regulates education, what legal obligations school officials have concerning their students' welfare, and what laws and public policies currently exist that address adolescent sleep health and safety. On the basis of this legal infrastructure, some hypothetical examples of law-based arguments and messages that could be applied to various types of advocacy activities (eg, litigation, legislative and administrative advocacy, media and public outreach) to promote later school start times are discussed. Particular consideration is given to hypothetical arguments and messages aimed at emphasizing the consistency of later school start time policies with existing child welfare law and practices, legal responsibilities of school officials and governmental authorities, and societal values and norms. Copyright © 2017 National Sleep Foundation. Published by Elsevier Inc. All rights reserved.

  12. State laws prohibiting sales to minors and indoor use of electronic nicotine delivery systems--United States, November 2014.

    Science.gov (United States)

    Marynak, Kristy; Holmes, Carissa Baker; King, Brian A; Promoff, Gabbi; Bunnell, Rebecca; McAfee, Timothy

    2014-12-12

    Electronic nicotine delivery systems (ENDS), including electronic cigarettes (e-cigarettes) and other devices such as electronic hookahs, electronic cigars, and vape pens, are battery-powered devices capable of delivering aerosolized nicotine and additives to the user. Experimentation with and current use of e-cigarettes has risen sharply among youths and adults in the United States. Youth access to and use of ENDS is of particular concern given the potential adverse effects of nicotine on adolescent brain development. Additionally, ENDS use in public indoor areas might passively expose bystanders (e.g., children, pregnant women, and other nontobacco users) to nicotine and other potentially harmful constituents. ENDS use could have the potential to renormalize tobacco use and complicate enforcement of smoke-free policies. State governments can regulate the sales of ENDS and their use in indoor areas where nonusers might be involuntarily exposed to secondhand aerosol. To learn the current status of state laws regulating the sales and use of ENDS, CDC assessed state laws that prohibit ENDS sales to minors and laws that include ENDS use in conventional smoking prohibitions in indoor areas of private worksites, restaurants, and bars. Findings indicate that as of November 30, 2014, 40 states prohibited ENDS sales to minors, but only three states prohibited ENDS use in private worksites, restaurants, and bars. Of the 40 states that prohibited ENDS sales to minors, 21 did not prohibit ENDS use or conventional smoking in private worksites, restaurants, and bars. Three states had no statewide laws prohibiting ENDS sales to minors and no statewide laws prohibiting ENDS use or conventional smoking in private worksites, restaurants, and bars. According to the Surgeon General, ENDS have the potential for public health harm or public health benefit. The possibility of public health benefit from ENDS could arise only if 1) current smokers use these devices to switch completely

  13. The effect of gun control laws on hospital admissions for children in the United States.

    Science.gov (United States)

    Tashiro, Jun; Lane, Rebecca S; Blass, Lawrence W; Perez, Eduardo A; Sola, Juan E

    2016-10-01

    Gun control laws vary greatly between states within the United States. We hypothesized that states with strict gun laws have lower mortality and resource utilization rates from pediatric firearms-related injury admissions. Kids' Inpatient Database (1997-2012) was searched for accidental (E922), self-inflicted (E955), assault (E965), legal intervention-related (E970), or undetermined circumstance (E985) firearm injuries. Patients were younger than 20 years and admitted for their injuries. Case incidence trends were examined for the study period. Propensity score-matched analyses were performed using 38 covariates to compare outcomes between states with strict or lenient gun control laws. Overall, 38,424 cases were identified, with an overall mortality of 7%. Firearm injuries were most commonly assault (64%), followed by accidental (25%), undetermined circumstance (7%), or self-inflicted (3%). A small minority involved military-grade weapons (0.2%). Most cases occurred in lenient gun control states (48%), followed by strict (47%) and neutral (6%).On 1:1 propensity score-matched analysis, in-hospital mortality by case was higher in lenient (7.5%) versus strict (6.5%) states, p = 0.013. Lenient states had a proportionally higher rate of accidental (31%) and self-inflicted injury (4%) versus strict states (17% and 1.6%, respectively), p gun control contributes not only to worse outcomes per case, but also to a more significant and detrimental impact on public health. Epidemiologic study, level III.

  14. Hostile Environment? The Development of Sexual Harassment Law in the United States 1971-1991

    OpenAIRE

    Coukos, Pamela

    2011-01-01

    AbstractHostile Environment?The Development of Sexual Harassment Law in the United States 1971 - 1991by Pamela CoukosDoctor of Philosophy in Jurisprudence and Social PolicyUniversity of California, BerkeleyProfessor Lauren B. Edelman, ChairHow did the sexual harassment litigation campaign succeed in defining a new antidiscrimination principle in the midst of the Reagan-era backlash against civil rights? In 1986, the U.S. Supreme Court definitively established sexual harassment as a violation...

  15. Stuck in Neutral: Stalled Progress in Statewide Comprehensive Smoke-Free Laws and Cigarette Excise Taxes, United States, 2000–2014

    Science.gov (United States)

    King, Brian A.; Babb, Stephen D.

    2016-01-01

    Introduction Increasing tobacco excise taxes and implementing comprehensive smoke-free laws are two of the most effective population-level strategies to reduce tobacco use, prevent tobacco use initiation, and protect nonsmokers from secondhand smoke. We examined state laws related to smoke-free buildings and to cigarette excise taxes from 2000 through 2014 to see how implementation of these laws from 2000 through 2009 differs from implementation in more recent years (2010–2014). Methods We used legislative data from LexisNexis, an online legal research database, to examine changes in statewide smoke-free laws and cigarette excise taxes in effect from January 1, 2000, through December 31, 2014. A comprehensive smoke-free law was defined as a statewide law prohibiting smoking in all indoor areas of private work sites, restaurants, and bars. Results From 2000 through 2009, 21 states and the District of Columbia implemented comprehensive smoke-free laws prohibiting smoking in work sites, restaurants, and bars. In 2010, 4 states implemented comprehensive smoke-free laws. The last state to implement a comprehensive smoke-free law was North Dakota in 2012, bringing the total number to 26 states and the District of Columbia. From 2000 through 2009, 46 states and the District of Columbia implemented laws increasing their cigarette excise tax, which increased the national average state excise tax rate by $0.92. However, from 2010 through 2014, only 14 states and the District of Columbia increased their excise tax, which increased the national average state excise tax rate by $0.20. Conclusion The recent stall in progress in enacting and implementing statewide comprehensive smoke-free laws and increasing cigarette excise taxes may undermine tobacco prevention and control efforts in the United States, undercutting efforts to reduce tobacco use, exposure to secondhand smoke, health disparities, and tobacco-related illness and death. PMID:27309417

  16. Sexual Orientation in State Hate Crime Laws: Exploring Social Construction and Criminal Law.

    Science.gov (United States)

    Valcore, Jace L

    2017-09-15

    Several studies have described and analyzed the development and diffusion of hate crime laws in the United States, but none specifically examined state-level differences in protected categories. Forty-five of the 50 states have a hate crime statute, but only 30 of those include sexual orientation. In this study the social construction framework is applied to the hate crime policy domain in order to determine whether or not variations in the social and political status of gays and lesbians are associated with the inclusion of sexual orientation in state hate crime laws. Content analysis of daily newspapers in six states revealed that a positive social construction is associated with groups seeking hate crime law protections, and that political influence may also be a key factor.

  17. A comprehensive review of state laws governing Internet and other delivery sales of cigarettes in the United States.

    Science.gov (United States)

    Chriqui, Jamie F; Ribisl, Kurt M; Wallace, Raedell M; Williams, Rebecca S; O'Connor, Jean C; el Arculli, Regina

    2008-02-01

    All U.S. states regulate face-to-face tobacco sales at retail outlets. However, the recent growth of delivery sales of tobacco products by Internet and mail-order vendors has prompted new state regulations focused on preventing youth access and tax evasion. To date, there are no comprehensive and systematic analyses of these laws. The objectives of this study were to: (a) document the historical enactment of the laws; (b) assess the nature and extent of the laws; and (c) examine the relationship between the presence of laws and state tobacco control policy and other contextual variables. Between 1992 and 2006, 34 states (67%) enacted a relevant law, with 27 states' laws (45%) effective between 2003 and 2006. Five states banned direct-to-consumer shipment of cigarettes. The remaining 29 states' laws included a combination of requirements addressing minimum age/ID, payment issues, shipping, vendor licensure and related issues, tax collection/remittance, and penalties/enforcement. States with delivery sales laws have stronger youth tobacco access policies and state tobacco control environments, as well as higher state cigarette excise tax rates and revenue, past-month cigarette use rates, and perceptions of risk of use by adolescents. This paper provides the policy context for understanding Internet and other cigarette delivery sales laws in the U.S. It also provides a systematic framework for ongoing policy surveillance and will contribute to future analyses of the impact of these laws on successfully reducing youth access to cigarettes and preventing tax evasion.

  18. State Maternity/Parental Leave Laws. Facts on Working Women No. 90-1.

    Science.gov (United States)

    Women's Bureau (DOL), Washington, DC.

    The status of state maternity/parental leave laws throughout the United States is depicted in eight figures and three tables. Information is reported by state for maternity/parental leave laws, months of available leave, maternity/family illness laws, days of leave for family illness, temporary disability insurance laws, temporary disability…

  19. Finding the Gaps: A Comparative Analysis of Disability Laws in the United States to the United Nations Convention on the Rights of Persons with Disabilities (CRPD)

    Science.gov (United States)

    National Council on Disability, 2008

    2008-01-01

    The purpose of this paper is to help the National Council on Disability (NCD), and others, better understand how the Convention on the Rights of Persons with Disabilities, if ratified by the United States, might impact U.S. disability laws by examining the degree to which U.S. law is consistent with the CRPD. The paper endeavors to analyze the…

  20. Lawful Permanent Residents Fiscal Year 2015 State

    Data.gov (United States)

    Department of Homeland Security — Lawful permanent residents (LPRs) are foreign nationals who have been granted the right to reside permanently in the United States. LPRs are also known as 'permanent...

  1. Lawful Permanent Residents Fiscal Year 2011 State

    Data.gov (United States)

    Department of Homeland Security — Lawful permanent residents (LPRs) are foreign nationals who have been granted the right to reside permanently in the United States. LPRs are also known as 'permanent...

  2. Lawful Permanent Residents Fiscal Year 2016 State

    Data.gov (United States)

    Department of Homeland Security — Lawful permanent residents (LPRs) are foreign nationals who have been granted the right to reside permanently in the United States. LPRs are also known as 'permanent...

  3. Lawful Permanent Residents Fiscal Year 2014 State

    Data.gov (United States)

    Department of Homeland Security — Lawful permanent residents (LPRs) are foreign nationals who have been granted the right to reside permanently in the United States. LPRs are also known as 'permanent...

  4. State preemption of local smoke-free laws in government work sites, private work sites, and restaurants - United States, 2005-2009.

    Science.gov (United States)

    2010-02-05

    Smoke-free policies (i.e., policies that completely eliminate smoking in indoor workplaces and public places) result in health benefits, including preventing heart attacks. Preemptive legislation at the state level prohibits localities from enacting laws that vary from state law or are more stringent. A Healthy People 2010 objective (27-19) is to eliminate state laws that preempt stronger local tobacco control laws. A 2005 CDC review found that little progress was being made toward reducing the number of state laws preempting local smoking restrictions in three indoor settings: government work sites, private-sector work sites, and restaurants. These three settings were selected for analysis because they are settings that often are addressed by state and local smoking restrictions and because they are major settings where nonsmoking workers and patrons are exposed to secondhand smoke. This report updates the previous analysis and summarizes changes that occurred from December 31, 2004, to December 31, 2009, in state laws that preempt local smoke-free laws for the same three settings. During that period, the number of states preempting local smoking restrictions in at least one of these three settings decreased from 19 to 12. In contrast with the 2005 findings, this decrease indicates progress toward achieving the goal of eliminating state laws preempting local smoking restrictions. Further progress could result in additional reductions in secondhand smoke exposure.

  5. AN INTRODUCTION TO EXPLORING LAW, DISABILITY, AND THE CHALLENGE OF EQUALITY IN CANADA AND THE UNITED STATES: PAPERS FROM THE BERKELEY SYMPOSIUM

    Directory of Open Access Journals (Sweden)

    Laverne Jacobs

    2015-10-01

    Full Text Available It brings me great pleasure to write this Introduction to Exploring Law, Disability, and the Challenge of Equality in Canada and the United States. This special collection of articles in the Windsor Yearbook of Access to Justice [WYAJ] stems from a symposium of the same name held at the Berkeley Law School at the University of California on 5 December 2014. Writing this introduction allows me to bring together my identities as a law and disability scholar, the principal organizer and convener of the Berkeley Symposium, and editor-in-chief of the WYAJ. In these roles, I have had the opportunity to engage with this set of articles and their authors in a distinct way – from the early versions of these articles through to the final peer-reviewed publications. The Berkeley Symposium is the first conference, of which we are aware, to bring together scholars and experts from both Canada and the United States to present research and exchange ideas on equality issues affecting persons with disabilities in both countries.1 Each academic was invited to write about an equality issue of their choice that is of contemporary concern to persons with disabilities, and to focus on Canada, the United States,or both, at their  option. The result is a set of articles that is simultaneously introspective and comparative.

  6. A Descriptive Analysis of Care Provided by Law Enforcement Prior to EMS Arrival in the United States.

    Science.gov (United States)

    Klassen, Aaron B; Core, S Brent; Lohse, Christine M; Sztajnkrycer, Matthew D

    2018-04-01

    required in order to identify potential barriers to care and to develop appropriate training and policy recommendations. Klassen AB , Core SB , Lohse CM , Sztajnkrycer MD . A descriptive analysis of care provided by law enforcement prior to EMS arrival in the United States. Prehosp Disaster Med. 2018;33(2):165-170.

  7. Consumer bankruptcy law for Ethiopia: Lessons from United States ...

    African Journals Online (AJOL)

    After deregulation of consumer credit and resultant availability, ... Germany, United States, United Kingdom and France are some of the countries ... social insurance, development policy and rehabilitative function of discharge and fresh start.

  8. International law and United Nations

    Directory of Open Access Journals (Sweden)

    Savić Matej

    2012-01-01

    Full Text Available Along with centuries-lasting open military pretensions of world superpowers, modern diplomacy has developed, as beginning a war, as well as coming to peace demanded political activity which resulted, first in signing, and then coming into effect of international documents, on the basis of which, a foundation for the modern international order has been cast. Further on, by the formation of international organizations, codification has been allowed, as well as a progressive development of international law. Additionally, in the sense of preserving international peace and security, first the League of Nations was formed, and following the ending of World War II, the UN. Generally, the functioning of the United Nation's organs, has been regulated by legal rules, however political goals, tendencies, and mechanisms which the member states are using determine greatly the activity above all of the Security Council, but furthermore of the General Assembly, as a plenary organ. Nevertheless, the achieved results of the Commission for International Law in the meaning of creation of international conventions, as well as state adhering to the same, present unassailable achievements in the sense of development of international law. On the other hand, tendencies of motion of international relationships are aimed at establishing a multi-polar system in the international community. Today, the political scene is assuming a new appearance, by which the nearly built international system is already awaiting further progressive development.

  9. Antiabortion violence in the United States.

    Science.gov (United States)

    Russo, Jennefer A; Schumacher, Kristin L; Creinin, Mitchell D

    2012-11-01

    This study was conducted to determine if an association exists between the amount of harassment and violence directed against abortion providers and the restrictiveness of state laws relating to family planning. We used responses from a July 2010 survey of 357 abortion providers in 50 states to determine their experience of antiabortion harassment and violence. Their responses were grouped and analyzed in relation to a published grading of state laws in the United States (A, B, C, D and F) as they relate to restrictions on family planning services. Group by group comparison of respondents illustrates that the difference in the number of reported incidents of minor vandalism by group is statistically significant (A vs. C, p=.07; A vs. D, p=.017; A vs. F, p=.0002). Incidents of harassment follow a similar pattern. There were no differences noted overall for violence or major vandalism. Major violence, including eight murders, is a new occurrence in the last two decades. Harassment of abortion providers in the United States has an association with the restrictiveness of state abortion laws. In the last two decades, murder of abortion providers has become an unfortunate part of the violence. Copyright © 2012 Elsevier Inc. All rights reserved.

  10. State Firearm Laws and Interstate Firearm Deaths From Homicide and Suicide in the United States: A Cross-sectional Analysis of Data by County.

    Science.gov (United States)

    Kaufman, Elinore J; Morrison, Christopher N; Branas, Charles C; Wiebe, Douglas J

    2018-03-05

    Firearm laws in one state may be associated with increased firearm death rates from homicide and suicide in neighboring states are uncertain. To determine whether counties located closer to states with lenient firearm policies have higher firearm death rates. This cross-sectional study of firearm death rates by county for January 2010 to December 2014 examined data from the US Centers for Disease Control and Prevention for firearm suicide and homicide decedents for 3108 counties in the 48 contiguous states of the United States. Each county was assigned 2 scores, a state policy score (range, 0-12) based on the strength of its state firearm laws, and an interstate policy score (range, -1.33 to 8.31) based on the sum of population-weighted and distance-decayed policy scores for all other states. Counties were divided into those with low, medium, and high home state and interstate policy scores. County-level rates of firearm, nonfirearm, and total homicide and suicide. With multilevel Bayesian spatial Poisson models, we generated incidence rate ratios (IRR) comparing incidence rates between each group of counties and the reference group, counties with high home state and high interstate policy scores. Stronger firearm laws in a state were associated with lower firearm suicide rates and lower overall suicide rates regardless of the strength of the other states' laws. Counties with low state scores had the highest rates of firearm suicide. Rates were similar across levels of interstate policy score (low: IRR, 1.34; 95% credible interval [CI], 1.11-1.65; medium: IRR, 1.36, (95% CI, 1.15-1.65; and high: IRR, 1.43; 95% CI, 1.20-1.73). Counties with low state and low or medium interstate policy scores had the highest rates of firearm homicide. Counties with low home state and interstate scores had higher firearm homicide rates (IRR, 1.38; 95% CI, 1.02-1.88) and overall homicide rates (IRR, 1.32; 95% CI, 1.03-1.67). Counties in states with low firearm policy scores had lower

  11. State aid in the EU law and national law

    Directory of Open Access Journals (Sweden)

    Divljak Drago

    2011-01-01

    Full Text Available Due to emphasized negative implications, state aid in contemporary law is more and more the subject of legal rules of supra-national and international law, and consequently it is more and more frequently the subject of national laws. The systems of state aid are based on the principle of general non-allowedness of state aid, which is relativised with wide exceptions and the form of allowed and conditionally allowed forms of state aid. In the EU law, a complex and differentiated system of legal regime on state aid is created aimed at preventing the Member States to protect or promote their companies at the expense or harm of competition within the EU. Compared to the regulations that refer to subsidies and that are created at the international level, within the WTO, these regulations are much more detailed and they cover a wide spectrum of different forms of state aid. National laws are accepting the EU concept as a novelty, which is valid in particular for countries in the process of the EU integrations. This has been done in our law as well by enacting of the Law on state aid control. This Law regulates general conditions for granting, granting control, and utilization of state assistance, with the essential objective to establish and provide for competitive market conditions and introduction of order in the field that has not been regulated previously. At the same time, this means a successful fulfillment of the obligations related to pre-accession harmonization of this field, which is a necessary pre-condition for accession of our country into this group of countries since the EU standards and requirements have been fully observed with the above-mentioned Law.

  12. State and local policies related to sexual orientation in the United States.

    Science.gov (United States)

    Cramer, Ryan; Hexem, Sarah; LaPollo, Archana; Cuffe, Kendra M; Chesson, Harrell W; Leichliter, Jami S

    2017-02-01

    Poorer health suffered by lesbian, gay, and bisexual (LGB) populations may be associated with public policies. We collected the laws that in 2013 prohibited discrimination based on sexual orientation from 50 United States (US) states, the District of Columbia (Washington, DC or DC), and the 30 most populous US metropolitan areas. To facilitate future research, we coded certain aspects of these laws to create a dataset. We generated descriptive statistics by jurisdiction type and tested for regional differences in state law using Chi-square tests. Sixteen (31.4 per cent) states prohibited discrimination by all employers based on sexual orientation, 25 states (49.0 per cent) in public employment, 18 states (35.3 per cent) in government contracting, and 21 states (41.2 per cent) in private employment. Twenty-one states prohibited discrimination (41.2 per cent) in housing practices (selling and renting), and 17 (33.3 per cent) in public accommodations. Local (county/city) laws prohibiting discrimination were less common. State laws differed significantly by US census region - West, Midwest, Northeast, and South. Future analyses of these data could examine the impact of these laws on various outcomes, including health among LGB populations.

  13. From the American Civil War to the War on Terror: Three Models of Emergency Law in the United States Supreme Court

    DEFF Research Database (Denmark)

    Hartz, Emily

    This book offers a systematic and comprehensive account of the key cases that have come to shape the jurisprudence on emergency law in the United States from the Civil War to the War on Terror. The legal questions raised in these cases concern fundamental constitutional issues such as the status...... of fundamental rights, the role of the court in times of war, and the question of how to interpret constitutional limitations to executive power. At stake in these difficult legal questions is the issue of how to conceive of the very status of law in liberal democratic states. The questions with which...... the Supreme Court justices have to grapple in these cases are therefore as philosophical as they are legal. In this book the Court's arguments are systematized according to categories informed by constitutional law as well as classic philosophical discussions of the problem of emergency. On this basis...

  14. The Prosecution of State-Level Human Trafficking Cases in the United States

    OpenAIRE

    Amy Farrell; Monica J DeLateur; Colleen Owens; Stephanie Fahy

    2016-01-01

    In an effort to combat human trafficking, the United States federal government and all fifty states passed new laws that criminalise human trafficking and support the identification and prosecution of human trafficking perpetrators. Despite the passage of these laws, only a small number of human trafficking cases have been prosecuted in the last fifteen years. Guided by the notion that prosecutors seek to avoid uncertainty when making decisions to pursue criminal prosecution, we explore how h...

  15. Law enforcement duties and sudden cardiac death among police officers in United States: case distribution study.

    Science.gov (United States)

    Varvarigou, Vasileia; Farioli, Andrea; Korre, Maria; Sato, Sho; Dahabreh, Issa J; Kales, Stefanos N

    2014-11-18

    To assess the association between risk of sudden cardiac death and stressful law enforcement duties compared with routine/non-emergency duties. Case distribution study (case series with survey information on referent exposures). United States law enforcement. Summaries of deaths of over 4500 US police officers provided by the National Law Enforcement Officers Memorial Fund and the Officer Down Memorial Page from 1984 to 2010. Observed and expected sudden cardiac death counts and relative risks for sudden cardiac death events during specific strenuous duties versus routine/non-emergency activities. Independent estimates of the proportion of time that police officers spend across various law enforcement duties obtained from surveys of police chiefs and front line officers. Impact of varying exposure assessments, covariates, and missing cases in sensitivity and stability analyses. 441 sudden cardiac deaths were observed during the study period. Sudden cardiac death was associated with restraints/altercations (25%, n=108), physical training (20%, n=88), pursuits of suspects (12%, n=53), medical/rescue operations (8%, n=34), routine duties (23%, n=101), and other activities (11%, n=57). Compared with routine/non-emergency activities, the risk of sudden cardiac death was 34-69 times higher during restraints/altercations, 32-51 times higher during pursuits, 20-23 times higher during physical training, and 6-9 times higher during medical/rescue operations. Results were robust to all sensitivity and stability analyses. Stressful law enforcement duties are associated with a risk of sudden cardiac death that is markedly higher than the risk during routine/non-emergency duties. Restraints/altercations and pursuits are associated with the greatest risk. Our findings have public health implications and suggest that primary and secondary cardiovascular prevention efforts are needed among law enforcement officers. © Varvarigou et al 2014.

  16. Legalization of Sunday alcohol sales and alcohol consumption in the United States.

    Science.gov (United States)

    Yörük, Barış K

    2014-01-01

    To investigate the relationship between legalization of Sunday alcohol sales and alcohol consumption in the United States. State-level per capita consumption of beer, wine and spirits was analyzed using difference-in-differences econometric methods. United States. Five treatment states that repealed their laws restricting Sunday alcohol sales during 1990-2007 and 12 control states that retained their Sunday alcohol laws during the same period. Outcome measures are state-level per capita consumption of overall alcohol, beer, wine and spirits. Among the states that legalized Sunday sales of alcoholic beverages, Delaware, Pennsylvania and New Mexico experienced significant increases in overall alcohol consumption (P sales in Massachusetts and Rhode Island on per capita alcohol consumption was insignificant (P = 0.964 and P = 0.367). Three out of five states in the United States that repealed their laws restricting Sunday sale of alcoholic beverages during 1990-2007 experienced significant increases in per capita alcohol consumption. This finding implies that increased alcohol availability leads to an increase in alcohol consumption. © 2013 Society for the Study of Addiction.

  17. 26 CFR 44.4422-1 - Doing business in violation of Federal or State law.

    Science.gov (United States)

    2010-04-01

    ... in nowise authorizes the carrying on of any business in violation of a law of the United States or... 26 Internal Revenue 16 2010-04-01 2010-04-01 true Doing business in violation of Federal or State law. 44.4422-1 Section 44.4422-1 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY...

  18. 22 CFR 61.8 - Coordination with United States Customs Service.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Coordination with United States Customs Service... FREE FLOW OF AUDIO-VISUAL MATERIALS § 61.8 Coordination with United States Customs Service. (a) Nothing in this part shall preclude examination of imported materials pursuant to the Customs laws and...

  19. Trial by jury in the United States

    Directory of Open Access Journals (Sweden)

    Lochhead Robert

    2015-10-01

    Full Text Available Th e Republic of Moldova is considering the adoption of trial by jury in select criminal cases. Th e following article is intended to contribute to the discussion of that proposal. Th e article will briefl y describe the history of juries under the English common law and as adopted by the United States. It will then outline some of the basic procedures in trials by jury as currently practiced in the United States federal court system.

  20. 20 CFR 617.16 - Applicable State law.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Applicable State law. 617.16 Section 617.16... law. (a) What law governs. The applicable State law for any individual, for all of the purposes of this part 617, is the State law of the State— (1) In which the individual is entitled to UI (whether or...

  1. 42 CFR 422.378 - Relationship to State law.

    Science.gov (United States)

    2010-10-01

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

  2. An introduction to medical malpractice in the United States.

    Science.gov (United States)

    Bal, B Sonny

    2009-02-01

    Medical malpractice law in the United States is derived from English common law, and was developed by rulings in various state courts. Medical malpractice lawsuits are a relatively common occurrence in the United States. The legal system is designed to encourage extensive discovery and negotiations between adversarial parties with the goal of resolving the dispute without going to jury trial. The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages. Money damages, if awarded, typically take into account both actual economic loss and noneconomic loss, such as pain and suffering.

  3. Demographic profile of states with human cloning laws: morality policy meets political economy.

    Science.gov (United States)

    Stabile, Bonnie

    2007-03-01

    This analysis seeks to identify factors that may shape the policy stance - whether restrictive or permissive - that each state in the United States with a human cloning law in place takes toward human therapeutic cloning. The investigation also considers if cloning policy is more the product of morality politics or political economy. Results show that among states with human cloning policies in place, those with a greater biotechnological capacity, more permissive abortion laws, fewer Evangelical Protestants, and higher political liberalism rankings are more likely to have permissive cloning laws. A higher Roman Catholic population is strongly associated with permissive cloning laws, rather than restrictive cloning laws as originally supposed. Factors with morality policy and economic bases were both found to be associated with cloning policy outcomes. Results suggest that morality policies, though distinct in some ways, do share determinants with public policies based on political economy.

  4. 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.

  5. Efficacy of a physician's words of empathy: an overview of state apology laws.

    Science.gov (United States)

    Saitta, Nicole; Hodge, Samuel D

    2012-05-01

    Apology laws are gaining traction in the United States, prompting health care professionals to offer words of condolence for adverse medical outcomes without the fear of being sued for malpractice. Although these laws vary by jurisdiction, they have been shown to reduce the financial consequences of a medical malpractice lawsuit. The authors provide an overview of the laws regarding this issue and discuss apologies as a means to reduce medical malpractice claims.

  6. 12 CFR 213.9 - Relation to state laws.

    Science.gov (United States)

    2010-01-01

    ... interpretative responsibilities for the state consumer leasing law, may apply to the Board for a preemption determination. (b) Exemptions—(1) Application. A state may apply to the Board for an exemption from the... LEASING (REGULATION M) § 213.9 Relation to state laws. (a) Inconsistent state law. A state law that is...

  7. Interactional dynamics of same-sex marriage legislation in the United States.

    Science.gov (United States)

    Roy, Subhradeep; Abaid, Nicole

    2017-06-01

    Understanding how people form opinions and make decisions is a complex phenomenon that depends on both personal practices and interactions. Recent availability of real-world data has enabled quantitative analysis of opinion formation, which illuminates phenomena that impact physical and social sciences. Public policies exemplify complex opinion formation spanning individual and population scales, and a timely example is the legalization of same-sex marriage in the United States. Here, we seek to understand how this issue captures the relationship between state-laws and Senate representatives subject to geographical and ideological factors. Using distance-based correlations, we study how physical proximity and state-government ideology may be used to extract patterns in state-law adoption and senatorial support of same-sex marriage. Results demonstrate that proximal states have similar opinion dynamics in both state-laws and senators' opinions, and states with similar state-government ideology have analogous senators' opinions. Moreover, senators' opinions drive state-laws with a time lag. Thus, change in opinion not only results from negotiations among individuals, but also reflects inherent spatial and political similarities and temporal delays. We build a social impact model of state-law adoption in light of these results, which predicts the evolution of state-laws legalizing same-sex marriage over the last three decades.

  8. Confederation and federation in the general theory of law and state and in positive law

    Directory of Open Access Journals (Sweden)

    Petrović Milan

    2016-01-01

    the other hand, federal entities (members of a federation do not have such an option, or they may possibly be given such an option (to an extend which is considered relevant by the central (federal government; 2 the internal borders between confederation member states may be changed only by international treaties adopted at an international conference, whereas the internal borders between federal entities may be unilaterally established and changed by the central government; 3 confederation member states, in principle, have the secession right (ius secessionis to withdraw from the confederation, whereas federal entities have no such right. It should be noted that a confederation, as a rule, has a capacity of legal personality in international law, just as its individual members. Yet, the difference between the internal state law and public international law is quite relative. Namely, as noted by Toma Živanović, international law (both private and public is governed by collision norms. While the essence of private international law is conflict resolution involving subjective private rights and obligations arising from the internal law of different states, the essence of public international law is resolution of conflicts between different sovereign states. The basic difference between a confederation and a federation is that each confederation member state is the holder of supreme power (sovereignty, whereas the federal units in a federal state have no such power, given the fact that sovereignty is exclusively vested in the federation (federal state. The supreme power is a de facto matter; it implies the capacity to maintain public order in a specific territory. Relying on the comparative research of different confederations and federations, the author comes to a conclusion that the 'second Yugoslavia' (FPRY was actually a confederation (despite its official title. However, this conclusion raises the question of borders between its former member states, particularly

  9. Sexting Legislation in the United States and Abroad: A Call for Uniformity

    OpenAIRE

    O'Connor, Kimberly; Drouin, Michelle; Yergens, Nicholas; Newsham, Genni

    2017-01-01

    In this study, we analyzed the sexting laws of 50 states in the United States (U.S.) and the District of Columbia, as well as five English-speaking international countries (Australia, Canada, England, New Zealand, and South Africa). We also examined laws related to aggravated circumstances, such as in cases of revenge porn. Our analyses revealed considerable variation, both in U.S. and international law, with some jurisdictions relying on archaic child pornography statutes to prosecute teenag...

  10. Population support before and after the implementation of smoke-free laws in the United States: trends from 1992-2007.

    Science.gov (United States)

    Nagelhout, Gera E; Wolfson, Tanya; Zhuang, Yue-Lin; Gamst, Anthony; Willemsen, Marc C; Zhu, Shu-Hong

    2015-03-01

    Several states implemented comprehensive smoke-free laws in workplaces (14 states), restaurants (17 states), and bars (13 states) between 2002 and 2007. We tested the hypothesis that public support for smoke-free laws increases at a higher rate in states that implemented smoke-free laws between 2002 and 2007 (group A) than in states that implemented smoke-free laws after that time or not at all (group B). The period before the implementation (1992-2001) was also considered. Data was used from the Current Population Survey (CPS) Tobacco Use Supplements (TUS), which is representative for the U.S. adult population. Respondents were asked whether they thought smoking should not be allowed in indoor work areas, restaurants, and bars and cocktail lounges. Differences in trends were analyzed with binomial mixed effects models. Population support for smoke-free restaurants and bars was higher among group A than among group B before 2002. After 2002, support for smoke-free restaurants and bars increased at a higher rate among group A than among group B. Population support for smoke-free workplaces did not differ between group A and B, and the increase in support for smoke-free workplaces also did not differ between these groups. The positive association between the implementation of smoke-free restaurant and bar laws and the rate of increase in support for these laws partly supported the hypothesis. The implementation of the laws may have caused support to increase, but also states that have higher support may have been more likely to implement smoke-free laws. © The Author 2014. Published by Oxford University Press on behalf of the Society for Research on Nicotine and Tobacco. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com.

  11. 75 FR 32834 - U.S. Department of State Advisory Committee on Private International Law Study Group Notice of...

    Science.gov (United States)

    2010-06-09

    ... DEPARTMENT OF STATE [Public Notice 7041] U.S. Department of State Advisory Committee on Private International Law Study Group Notice of Meeting on the United Nations Commission on International Trade Law (UNCITRAL) Draft Legislative Guide on Secured Transactions and Its Treatment of Security Rights in...

  12. 28 CFR 104.42 - Applicable state law.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Applicable state law. 104.42 Section 104... OF 2001 Amount of Compensation for Eligible Claimants. § 104.42 Applicable state law. The phrase “to the extent recovery for such loss is allowed under applicable state law,” as used in the statute's...

  13. 12 CFR 202.11 - Relation to state law.

    Science.gov (United States)

    2010-01-01

    ... other interested party may request that the Board determine whether a state law is inconsistent with the.... (e) Exemption for state-regulated transactions—(1) Applications. A state may apply to the Board for... OPPORTUNITY ACT (REGULATION B) § 202.11 Relation to state law. (a) Inconsistent state laws. Except as...

  14. Southern states radiological emergency response laws and regulations

    International Nuclear Information System (INIS)

    1989-02-01

    The radiological emergency response laws and regulations of the Southern States Energy Compact member states are in some cases disparate. Several states have very specific laws on radiological emergency response while in others, the statutory law mentions only emergency response to ''natural disasters.'' Some states have adopted extensive regulations on the topic; others have none. For this reason, any general overview must necessarily discuss laws and regulations in general terms

  15. Inventory of power plants in the United States, 1993

    International Nuclear Information System (INIS)

    1994-12-01

    The Inventory of Power Plants in the United States is prepared annually by the Survey Management Division, Office of Coal, Nuclear, Electric and Alternate Fuels, Energy Information Administration (EIA), U.S. Department of Energy (DOE). The purpose of this publication is to provide year-end statistics about electric generating units operated by electric utilities in the United States (the 50 States and the District of Columbia). The publication also provides a 10-year outlook of future generating unit additions. Data summarized in this report are useful to a wide audience including Congress, Federal and State agencies, the electric utility industry, and the general public. Data presented in this report were assembled and published by the EIA to fulfill its data collection and dissemination responsibilities as specified in the Federal Energy Administration Act of 1974 (Public Law 93-275) as amended

  16. Inventory of power plants in the United States, 1993

    Energy Technology Data Exchange (ETDEWEB)

    1994-12-01

    The Inventory of Power Plants in the United States is prepared annually by the Survey Management Division, Office of Coal, Nuclear, Electric and Alternate Fuels, Energy Information Administration (EIA), U.S. Department of Energy (DOE). The purpose of this publication is to provide year-end statistics about electric generating units operated by electric utilities in the United States (the 50 States and the District of Columbia). The publication also provides a 10-year outlook of future generating unit additions. Data summarized in this report are useful to a wide audience including Congress, Federal and State agencies, the electric utility industry, and the general public. Data presented in this report were assembled and published by the EIA to fulfill its data collection and dissemination responsibilities as specified in the Federal Energy Administration Act of 1974 (Public Law 93-275) as amended.

  17. Child Labor Trafficking in the United States: A Hidden Crime

    Directory of Open Access Journals (Sweden)

    Katherine Kaufka Walts

    2017-06-01

    Full Text Available Emerging research brings more attention to labor trafficking in the United States. However, very few efforts have been made to better understand or respond to labor trafficking of minors. Cases of children forced to work as domestic servants, in factories, restaurants, peddling candy or other goods, or on farms may not automatically elicit suspicion from an outside observer as compared to a child providing sexual services for money. In contrast to sex trafficking, labor trafficking is often tied to formal economies and industries, which often makes it more difficult to distinguish from "legitimate" work, including among adolescents. This article seeks to provide examples of documented cases of child labor trafficking in the United States, and to provide an overview of systemic gaps in law, policy, data collection, research, and practice. These areas are currently overwhelmingly focused on sex trafficking, which undermines the policy intentions of the Trafficking Victims Protection Act (2000, the seminal statute criminalizing sex and labor trafficking in the United States, its subsequent reauthorizations, and international laws and protocols addressing human trafficking.

  18. A Summary and Analysis of Warrantless Arrest Statutes for Domestic Violence in the United States

    Science.gov (United States)

    Zeoli, April M.; Norris, Alexis; Brenner, Hannah

    2011-01-01

    In the United States, all 50 states and the District of Columbia have enacted statutes that allow police officers to make warrantless arrests for domestic violence given probable cause; however, state laws differ from one another in multiple, important ways. Research on domestic violence warrantless arrest laws rarely describe them as anything…

  19. 31 CFR 515.321 - United States; continental United States.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false United States; continental United... General Definitions § 515.321 United States; continental United States. The term United States means the United States and all areas under the jurisdiction or authority thereof, including the Trust Territory of...

  20. 31 CFR 500.321 - United States; continental United States.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false United States; continental United... General Definitions § 500.321 United States; continental United States. The term United States means the United States and all areas under the jurisdiction or authority thereof, including U.S. trust territories...

  1. 31 CFR 535.321 - United States; continental United States.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false United States; continental United... General Definitions § 535.321 United States; continental United States. The term United States means the United States and all areas under the jurisdiction or authority thereof including the Trust Territory of...

  2. 45 CFR 98.3 - Effect on State law.

    Science.gov (United States)

    2010-10-01

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

  3. 40 CFR 403.4 - State or local law.

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 28 2010-07-01 2010-07-01 true State or local law. 403.4 Section 403.4... GENERAL PRE-TREAT-MENT REGULATIONS FOR EXIST-ING AND NEW SOURCES OF POLLUTION § 403.4 State or local law... prohibitions, established by State or local law as long as the State or local requirements are not less...

  4. Southern states radiological emergency response laws and regulations

    International Nuclear Information System (INIS)

    1990-06-01

    The purpose of this report is to provide a summary of the emergency response laws and regulations in place in the various states within the southern region for use by legislators, emergency response planners, the general public and all persons concerned about the existing legal framework for emergency response. SSEB expects to periodically update the report as necessary. Radiation protection regulations without emergency response provisions are not included in the summary. The radiological emergency response laws and regulations of the Southern States Energy Compact member states are in some cases disparate. Several states have very specific laws on radiological emergency response while in others, the statutory law mentions only emergency response to ''natural disasters.'' Some states have adopted extensive regulations on the topic, others have none. For this reason, any general overview must necessarily discuss laws and regulations in general terms. State-by-state breakdowns are given for specific states

  5. Sources of Legal Regulation of Mergers, Acquisitions, Consolidations, Joint Stock Companies in Russia and Corporations in the United States

    Directory of Open Access Journals (Sweden)

    Stanislav E. Kuzmin

    2015-01-01

    Full Text Available The article outlines general characteristics of the sources of law, regulating relations associated with mergers, consolidations, acquisitions of joint stock companies in Russia and corporations in the United States respectively in the Russian legislation and the legislation of the United States and individual States. Both in Russia and in the USA there is a constitutional separation of powers between the Federal authorities and the Subjects of the Federation/States respectively. In both countries legal regulation of mergers and acquisitions of corporations is carried out first of all by a number of laws. These laws fall into three main groups: securities laws, antitrust (competition laws and civil and joint-stock legislation in Russia and corporate laws in the US. All the three groups are federal laws in Russia, while in the US the first two are federal too, but the last one is state laws. It is necessary to highlight the important role of judicial decisions in the United States on legal regulation of mergers, acquisitions, takeovers in comparison with Russia, which is due to the differences in the legal systems of the states in question. However, although Russia is not a state of case law, such legal acts as the resolution of the Plenum of the Supreme Commercial Court will undoubtedly have an impact on law enforcement practice and, consequently, on the regulation of relevant relations. Of particular importance are the findings of the Constitutional Court, whose decisions may cancel acts or their separate provisions provided they are recognized as unconstitutional. Such acts are repealed. Decisions of courts and other bodies based on acts or their separate provisions, recognized by the Constitutional Court of the Russian Federation unconstitutional, are not subject to execution and shall be revised in accordance with the Federal law. The US case law implies existence of a hierarchy of precedents according to which decisions adopted by the

  6. Origins and framework of environmental law in the United States

    Energy Technology Data Exchange (ETDEWEB)

    Robinson, N A

    1975-11-01

    A sensitivity for protecting the environment has opened a new field of Environmental Law, backed by government allocations, legal and administrative procedures, and public involvement. Environmental laws, however, remain responsive to new scientific and technological discoveries and expanding public pressures for both environmental protection and energy. Prior to the 1960s, there were laws to regulate resource exploitation, preserve natural areas, correct past damage, protect public health, control land use, and preserve common law and equity. Since then environmental concerns have become laws, agencies, and part of the law school curriculum. New regulations requiring accountability from the private sector, local governments, and public corporations (e.g., utilities) tend to cut across jurisdictions and require changes in governmental relationships. The legal tools available for protecting the environment include (1) regulation, such as permit and licensing systems and allocations; (2) procedural innovations, such as environmental impact analysis and reporting; (3) direct action, such as imposed air and water quality standards; (4) taxation; (5) government spending and contracting, as in solid waste disposal; (6) grants-in-aid and loans; (7) court enforcement; (8) coordinated land use; and (9) research. Citizen participation in the use of these tools has been vital to the momentum of an environmental protection concept. (150 references) (DCK)

  7. 12 CFR 226.28 - Effect on State laws.

    Science.gov (United States)

    2010-01-01

    ... inconsistent, a creditor may not make disclosures using the inconsistent term or form. (2)(i) State law... also explain that the State law provisions apply only after expiration of the time period for... TRUTH IN LENDING (REGULATION Z) Miscellaneous § 226.28 Effect on State laws. (a) Inconsistent disclosure...

  8. United States of America National Report

    International Nuclear Information System (INIS)

    1992-01-01

    The United States has produced this report as part of the preparations for the United Nations Conference on Environment and Development (UNCED) to be held in Brazil in June 1992. It summarizes this nation's efforts to protect and enhance the quality of the human environment in concert with its efforts to provide economic well-being during the two decades since the United Nations Conference on the Human Environment was held in Stockholm. The information presented in this report is primarily and deliberately retrospective. It is an attempt to portray the many human, economic and natural resources of the United States, to describe resource use and the principal national laws and programs established to protect these resources, and to analyze key issues on the agenda of UNCED. This analysis is presented in terms of past and present conditions and trends, measures of progress made in responding to the key issues, and a summary of government activities, underway or pending, to address ongoing or newly emerging national environmental and resource management problems

  9. Confederation and federation in the general theory of law and state and in positive law (part one

    Directory of Open Access Journals (Sweden)

    Petrović Milan

    2016-01-01

    the other hand, federal entities (members of a federation do not have such an option, or they may possibly be given such an option (to an extend which is considered relevant by the central (federal government; 2 the internal borders between confederation member states may be changed only by international treaties adopted at an international conference, whereas the internal borders between federal entities may be unilaterally established and changed by the central government; 3 confederation member states, in principle, have the secession right (ius secessionis to withdraw from the confederation, whereas federal entities have no such right. It should be noted that a confederation, as a rule, has a capacity of legal personality in international law, just as its individual members. Yet, the difference between the internal state law and public international law is quite relative. Namely, as noted by Toma Živanović, international law (both private and public is governed by collision norms. While the essence of private international law is conflict resolution involving subjective private rights and obligations arising from the internal law of different states, the essence of public international law is resolution of conflicts between different sovereign states. The basic difference between a confederation and a federation is that each confederation member state is the holder of supreme power (sovereignty, whereas the federal units in a federal state have no such power, given the fact that sovereignty is exclusively vested in the federation (federal state. The supreme power is a de facto matter; it implies the capacity to maintain public order in a specific territory. Relying on the comparative research of different confederations and federations, the author comes to a conclusion that the 'second Yugoslavia' (FPRY was actually a confederation (despite its official title. However, this conclusion raises the question of borders between its former member states, particularly

  10. Law on the Decommissioning of unit 1 at the state enterprise of the Republic of Lithuania Ignalina Nuclear Power Plant

    International Nuclear Information System (INIS)

    2000-01-01

    This law regulates the legal principles for the decommissioning of unit 1 at the Ignalina Nuclear Power Plant. The main deadlines for the government in the preparation for the decommissioning are set in the law. All preparatory works should be finished before the year 2005

  11. 27 CFR 478.58 - State or other law.

    Science.gov (United States)

    2010-04-01

    ... business or activity contrary to State or other law. The holder of such a license is not by reason of the... ammunition business or activity in violation of the provisions of any State or other law. Similarly... 27 Alcohol, Tobacco Products and Firearms 3 2010-04-01 2010-04-01 false State or other law. 478.58...

  12. A baseline understanding of state laws governing e-cigarettes.

    Science.gov (United States)

    Gourdet, C K; Chriqui, J F; Chaloupka, F J

    2014-07-01

    Electronic cigarettes (e-cigarettes) have been available for purchase in the USA since 2007, and have grown rapidly in popularity. Currently, there are no federal restrictions on e-cigarettes; therefore, any regulations are under the purview of state and/or local governments. This study examines state laws governing e-cigarettes through youth access restrictions, smoke-free air requirements and/or excise taxation. Codified statutory and administrative laws, attorney general opinions, executive orders, and revenue notices and rulings effective as of 15 November 2013 for all 50 states and the District of Columbia, were compiled using Boolean searches in Lexis-Nexis and Westlaw. All laws were analysed by two study authors to determine the presence and components of relevant provisions. Two categories of laws were identified; (1) explicit e-cigarette laws and (2) laws focused on tobacco-derived and/or nicotine-containing products. Thirty-four states' laws address e-cigarettes either explicitly or as part of language applying to tobacco-derived or nicotine-containing products. Laws explicitly addressing e-cigarettes primarily focus on youth access (22 states) or smoke-free air (12 states); only Minnesota imposes an excise tax on e-cigarettes. Similarly, tobacco-derived or nicotine-containing products are primarily regulated through youth access restrictions (6 states), smoke-free air laws (5 states), or excise taxation (2 states). In the current absence of federal law governing e-cigarettes, more than one-half of the states have taken the initiative to regulate these products. The opportunity exists for the remaining states to incorporate e-cigarette-related restrictions into their pre-existing tobacco control laws. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

  13. American State Gun Law Strength and State Resident Differences in Neuroticism Levels

    Directory of Open Access Journals (Sweden)

    Stewart J. H. McCann

    2016-04-01

    Full Text Available Relations between state gun law strength and state-aggregated levels of Republican leaning, gun ownership, and resident Big Five neuroticism (based on 619,397 residents nationally were determined in a state-level analysis of the 50 American states using multiple regression strategies with state socioeconomic status, white population percent, and urban population percent statistically controlled. In a standard hierarchical model with state gun law strength as the criterion, the three demographic variables accounted for 44.4% of the variance and the Big Five accounted for another 21.9%. When the Big Five entered stepwise after the demographics, neuroticism was the sole significant personality predictor, accounting for another 13.4% of the variance. Greater state gun law strength was associated with higher state resident neuroticism. Further hierarchical regression analyses showed that state Republican leaning and gun ownership could account separately and jointly for significant variance in state gun law strength but not with state resident neuroticism controlled.

  14. Gender, race + geography = jeopardy: marginalized women, human rights and HIV in the United States.

    Science.gov (United States)

    Fried, Susana T; Kelly, Brook

    2011-11-01

    Across the United States, laws, policies, and practices put women living with HIV in jeopardy. In particular, the dignity, health, and well-being of women living with and at risk for HIV as well as the health and well-being of their families and communities is hampered by punitive laws and policies. Laws and policies that do not meet, or worse, criminalize women's sexual and reproductive rights result in the economic, social and political deprivation of marginalized women and girls-and especially those living with and at risk of HIV. These laws and policies exacerbate an already outsized HIV epidemic in underserved communities, and communities of color in the United States. This article draws from and builds on a human rights workshop that took place as part of the forum "Bringing Gender Home: Implementing Gender Responsive HIV/AIDS Programming for US Women and Girls," sponsored by the Office of Women's Health. It focuses on the damaging impact of laws, policies, and practices that criminalize women's sexuality. These laws significantly impact the well-being of women living with and at risk for HIV, and have an impact on the capacity of poor women of color in the United States to fully exercise their rights. When laws that purport to protect public health have the result of limiting women's reproductive choices, or have a disproportionate impact on marginalized groups such as sex workers, fundamental breaches of women's rights occur. Copyright © 2011 Jacobs Institute of Women's Health. Published by Elsevier Inc. All rights reserved.

  15. Rapanos v. United States & Carabell v. United States

    Science.gov (United States)

    Documents associated with guidance for implementing the definition of waters of the United States under the Clean Water Act following the Rapanos v. United States, and Carabell v. United States Supreme Court decision.

  16. Concussion Law Compliance: The Allocation of Time, Resources, and Money in a Rural Western State

    Science.gov (United States)

    Faure, Caroline; Moffit, Dani M.; Schiess, Kurt

    2015-01-01

    Secondary schools across the United States that sponsor extracurricular athletic programs are challenged to comply with recent laws that require concussion education and appropriate concussion management. This study examined one rural state's efforts by illustrating both the successes and challenges that secondary schools faced. The findings…

  17. Weaker gun state laws are associated with higher rates of suicide secondary to firearms.

    Science.gov (United States)

    Alban, Rodrigo F; Nuño, Miriam; Ko, Ara; Barmparas, Galinos; Lewis, Azaria V; Margulies, Daniel R

    2018-01-01

    Firearm-related suicides comprise over two-thirds of gun-related violence in the United States, and gun laws and policies remain under scrutiny, with many advocating for revision of the regulatory map for lawful gun ownership, aiming at restricting access and distribution of these weapons. However, the quantitative relationship between how strict gun laws are and the incidence of firearm violence with their associated mortality is largely unknown. We therefore, sought to explore the impact of firearm law patterns among states on the incidence and outcomes of firearm-related suicide attempts, utilizing established objective criteria. The National Inpatient Sample for the years 1998-2011 was queried for all firearm-related suicides. Discharge facilities were stratified into five categories (A, B, C, D, and F, with A representing states with the most strict and F representing states with the least strict laws) based on the Brady Campaign to prevent Gun Violence that assigns scorecards for every state. The primary outcomes were suicide attempts and in-hospital mortality per 100,000 populations by Brady state grade. During the 14-year study period, 34,994 subjects met inclusion criteria. The mean age was 42.0 years and 80.1% were male. A handgun was utilized by 51.8% of patients. The overall mortality was 33.3%. Overall, 22.0% had reported psychoses and 19.3% reported depression. After adjusting for confounding factors and using group A as reference, there were higher adjusted odds for suicide attempts for patients admitted in group C, D, and F category states (1.73, 2.09, and 1.65, respectively, all P gun laws, and these injuries tend to be associated with a higher mortality. Efforts aimed at nationwide standardization of firearm state laws are warranted, particularly for young adults and suicide-prone populations. III. Trauma Outcomes study. Copyright © 2017 Elsevier Inc. All rights reserved.

  18. Inventory of Power Plants in the United States, October 1992

    Energy Technology Data Exchange (ETDEWEB)

    1993-10-27

    The Inventory of Power Plants in the United States is prepared annually by the Survey Management Division, Office of Coal, Nuclear, Electric and Alternate Fuels, Energy Information Administration (EIA), US Department of Energy (DOE). The purpose of this publication is to provide year-end statistics about electric generating units operated by electric utilities in the United States (the 50 States and the District of Columbia). The publication also provides a 10-year outlook of future generating unit additions. Data summarized in this report are useful to a wide audience including Congress, Federal and State agencies, the electric utility industry, and the general public. Data presented in this report were assembled and published by the EIA to fulfill its data collection and dissemination responsibilities as specified in the Federal Energy Administration Act of 1974 (Public Law 93-275) as amended. The report is organized into the following chapters: Year in Review, Operable Electric Generating Units, and Projected Electric Generating Unit Additions. Statistics presented in these chapters reflect the status of electric generating units as of December 31, 1992.

  19. States of Confusion: Regulation of Surrogacy in the United States

    OpenAIRE

    Mohapatra, Seema

    2017-01-01

    Introduction Some countries, including Switzerland, Germany, Spain, France, Greece, and Norway, ban commercial surrogacy (Patton 2010, 523). Others, such as India and the Ukraine, have actively tried to be seen as commercial surrogacy destinations (Mohapatra 2012, 412, 432–437, 441–448). Unlike either of these approaches, the United States (US) has no national stance on surrogacy. In fact, there are no national laws or regulations related to surrogacy in the US (Margalit 2014). Instea...

  20. 75 FR 27387 - Sentencing Guidelines for United States Courts

    Science.gov (United States)

    2010-05-14

    ...) those cultural ties provided the primary motivation for the defendant's illegal reentry or continued... continuously in the United States from childhood, (B) those cultural ties provided the primary motivation for... acts), makes it unlawful, whether or not acting under color of law, to willfully cause bodily injury to...

  1. Preemption and the obesity epidemic: state and local menu labeling laws and the nutrition labeling and education act.

    Science.gov (United States)

    Rutkow, Lainie; Vernick, Jon S; Hodge, James G; Teret, Stephen P

    2008-01-01

    Obesity is widely recognized as a preventable cause of death and disease. Reducing obesity among adults and children has become a national health goal in the United States. As one approach to the obesity epidemic, public health practitioners and others have asserted the need to provide consumers with information about the foods they eat. Some state and local governments across the United States have introduced menu labeling bills and regulations that require restaurants to post information, such as calorie content, for foods offered on their menus or menu boards. A major dilemma is whether state and local menu labeling laws are preempted by the federal Nutrition Labeling and Education Act (NLEA). While few courts have addressed this issue, ongoing litigation in New York City provides an early glimpse of judicial interpretation in this area. This article explores these preemption issues, arguing that appropriately written and implemented menu labeling laws should not be preempted by the NLEA. We offer guidance for states and localities that wish to develop and implement menu labeling laws.

  2. 32 CFR 634.41 - Compliance with State laws.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 4 2010-07-01 2010-07-01 true Compliance with State laws. 634.41 Section 634.41 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY (CONTINUED) LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS MOTOR VEHICLE TRAFFIC SUPERVISION Traffic Supervision § 634.41 Compliance with State laws. (a) Installation commanders...

  3. 29 CFR 825.701 - Interaction with State laws.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Interaction with State laws. 825.701 Section 825.701 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR OTHER LAWS THE FAMILY... Agreements on Employee Rights Under FMLA § 825.701 Interaction with State laws. (a) Nothing in FMLA...

  4. Transgendered Prisoners in the United States: A Progression of Laws

    OpenAIRE

    Alexander, Rudolph

    2013-01-01

    In 1976, prisoners acquired the right to medical treatment from the U.S. Supreme Court through the Eighth Amendment to the United States Constitution, which forbade, in part, cruel and unusual punishment. The following year, a Fourth Circuit Court of Appeals ruled that medical treatment included psychiatric or mental health treatment. These rulings applied to general prisoners, but not initially prisoners who suffered from gender identity disorder. Courts ruled then that gender identity disor...

  5. The United States Copyright Law: A Guide for Music Educators

    Science.gov (United States)

    Music Educators Journal, 1978

    1978-01-01

    On October 19, 1976, President Ford signed the nation's first comprehensive revision of our copyright law since 1909. It became fully effective on January 1, 1978 and it is a law that will need to be understood by music educators both to improve their teaching and to protect themselves and their schools from incurring liability or being sued. This…

  6. 27 CFR 555.62 - State or other law.

    Science.gov (United States)

    2010-04-01

    ... other law. A license or permit issued under this part confers no right or privilege to conduct business or operations, including storage, contrary to State or other law. The holder of a license or permit... 27 Alcohol, Tobacco Products and Firearms 3 2010-04-01 2010-04-01 false State or other law. 555.62...

  7. 36 CFR 8.4 - Federal and State labor laws.

    Science.gov (United States)

    2010-07-01

    ... 36 Parks, Forests, and Public Property 1 2010-07-01 2010-07-01 false Federal and State labor laws... State labor laws. A concessioner shall comply with all standards established pursuant to Federal or State labor laws, such as those concerning minimum wages, child labor, hours of work, and safety, that...

  8. The Necessary Predication between State and Law

    Directory of Open Access Journals (Sweden)

    Daniel Nunes Pereira

    2017-02-01

    Full Text Available This study aims to demonstrate that the central idea of "rule of law" is per se redundant since there is a necessary and reciprocal predication between terms. It is based on the "State-Law" historical and philosophically founded (Westphalia, Bodin and Hobbes, phenomenologically (Schmitt’s Political Theology and normatively (Hans Kelsen’s Legal Positivism based. The rationale on the Sstate leading role suggests that State power must be complete to achieve its goals, which is given by normativity. It is clear that both, State and Law, have the same substance, "Sovereignty", whose implementation coincides with the human agency of cognitive reconfiguration of Politics by religious thought.

  9. Legal Teaching Methods to Diverse Student Cohorts: A Comparison between the United Kingdom, the United States, Australia and New Zealand

    Science.gov (United States)

    Kraal, Diane

    2017-01-01

    This article makes a comparison across the unique educational settings of law and business schools in the United Kingdom, the United States, Australia and New Zealand to highlight differences in teaching methods necessary for culturally and ethnically mixed student cohorts derived from high migration, student mobility, higher education rankings…

  10. Mapping medical marijuana: state laws regulating patients, product safety, supply chains and dispensaries, 2017.

    Science.gov (United States)

    Klieger, Sarah B; Gutman, Abraham; Allen, Leslie; Pacula, Rosalie Liccardo; Ibrahim, Jennifer K; Burris, Scott

    2017-12-01

    (1) To describe open source legal data sets, created for research use, that capture the key provisions of US state medical marijuana laws. The data document how state lawmakers have regulated a medicine that remains, under federal law, a Schedule I illegal drug with no legitimate medical use. (2) To demonstrate the variability that exists across states in rules governing patient access, product safety and dispensary practice. Two legal researchers collected and coded state laws governing marijuana patients, product safety and dispensaries in effect on 1 February 2017, creating three empirical legal data sets. We used summary tables to identify the variation in specific statutory provisions specified in each state's medical marijuana law as it existed on 1 February 2017. We compared aspects of these laws to the traditional Federal approach to regulating medicine. Full data sets, codebooks and protocols are available through the Prescription Drug Abuse Policy System (http://www.pdaps.org/; Archived at http://www.webcitation.org/6qv5CZNaZ on 2 June 2017). Twenty-eight states (including the District of Columbia) have authorized medical marijuana. Twenty-seven specify qualifying diseases, which differ across states. All states protect patient privacy; only 14 protect patients against discrimination. Eighteen states have mandatory product safety testing before any sale. While the majority have package/label regulations, states have a wide range of specific requirements. Most regulate dispensaries (25 states), with considerable variation in specific provisions such as permitted product supply sources number of dispensaries per state and restricting proximity to various types of location. The federal ban in the United States on marijuana has resulted in a patchwork of regulatory strategies that are not uniformly consistent with the approach usually taken by the Federal government and whose effectiveness remains unknown. © 2017 Society for the Study of Addiction.

  11. Regulatory approaches to obesity prevention: A systematic overview of current laws addressing diet-related risk factors in the European Union and the United States.

    Science.gov (United States)

    Sisnowski, Jana; Handsley, Elizabeth; Street, Jackie M

    2015-06-01

    High prevalence of overweight and obesity remains a significant international public health problem. Law has been identified as a tool for obesity prevention and selected high-profile measures have been reported. However, the nature and extent of enacted legislation internationally are unclear. This research provides an overview of regulatory approaches enacted in the United States, the European Union, and EU Member States since 2004. To this end, relevant databases of primary and secondary legislation were systematically searched to identify and explore laws addressing dietary risk factors for obesity. Across jurisdictions, current regulatory approaches to obesity prevention are limited in reach and scope. Target groups are rarely the general population, but instead sub-populations in government-supported settings. Consumer information provision is preferred over taxation and marketing restrictions other than the regulation of health and nutrition claims. In the EU in particular, product reformulation with industry consent has also emerged as a popular small-scale measure. While consistent and widespread use of law is lacking, governments have employed a range of regulatory measures in the name of obesity prevention, indicating that there is, in principle, political will. Results from this study may serve as a starting point for future research and policy development. Copyright © 2015 Elsevier Ireland Ltd. All rights reserved.

  12. 22 CFR 221.43 - Governing law.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Governing law. 221.43 Section 221.43 Foreign... Administration § 221.43 Governing law. This Guarantee shall be governed by and construed in accordance with the laws of the United States of America governing contracts and commercial transactions of the United...

  13. Association between state school nutrition laws and subsequent child obesity.

    Science.gov (United States)

    Palakshappa, Deepak; Fiks, Alexander G; Faerber, Jennifer A; Feudtner, Chris

    2016-09-01

    Many states have enacted laws to improve school nutrition. We tested whether stronger state nutrition laws are associated with subsequently decreased obesity. We conducted a retrospective national multi-year panel data study (analyzed 2014-2016 at the Children's Hospital of Philadelphia). The predictors were 2010 laws regarding 9 nutrition categories from the Classification of Laws Associated with School Students, which grades the strength of state laws (none, weak, or strong). The outcome was weight status (healthy weight, overweight, or obese) in elementary, middle, and high school from the 2011/2012 National Survey of Children's Health. We tested the association between the strength of laws and weight using multinomial logistic regression. To further evaluate our main results, we conducted state-level longitudinal analyses testing the association between competitive food and beverage laws on the change in obesity from 2003-2011. In main analyses of 40,177 children ages 10-17years, we found strong state laws restricting the sale of competitive food and beverages in elementary school (OR: 0.68; 95% CI: 0.48, 0.96) and strong advertising laws across all grades (OR: 0.63; 95% CI: 0.46, 0.86) were associated with reduced odds of obesity. In longitudinal analyses, states with strong competitive food and beverage laws from 2003-2010 had small but significant decreases in obesity, compared to states with no laws. Although further research is needed to determine the causal effect of these laws, this study suggests that strong state laws limiting the sale and advertising of unhealthy foods and beverages in schools are associated with decreased obesity rates. Copyright © 2016 Elsevier Inc. All rights reserved.

  14. 34 CFR 99.8 - What provisions apply to records of a law enforcement unit?

    Science.gov (United States)

    2010-07-01

    ... 34 Education 1 2010-07-01 2010-07-01 false What provisions apply to records of a law enforcement unit? 99.8 Section 99.8 Education Office of the Secretary, Department of Education FAMILY EDUCATIONAL RIGHTS AND PRIVACY General § 99.8 What provisions apply to records of a law enforcement unit? (a)(1) Law enforcement unit means any individual,...

  15. 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)

  16. State-wide Regulation of Smoking Law in Lagos state Nigeria?

    Directory of Open Access Journals (Sweden)

    Oluwakemi Ololade Odukoya

    2016-07-01

    Awareness of the State Regulation of smoking law was low however ,many of the workers support many aspects of the law. They however, believed the law would negatively impact revenue. Mechanisms to educate these workers and deal with their misconceptions of the perceived negative effects of the law should be implemented. Monitoring the awareness and support of these workers for smoke-free legislation is essential, in line with the guidelines for Article 8 of the WHO FCTC.

  17. The Gaseous State. Independent Learning Project for Advanced Chemistry (ILPAC). Unit P1.

    Science.gov (United States)

    Inner London Education Authority (England).

    This unit on the gaseous state is one of 10 first year units produced by the Independent Learning Project for Advanced Chemistry (ILPAC). The unit consists of two levels. Level one deals with the distinctive characteristics of gases, then considers the gas laws, in particular the ideal gas equation and its applications. Level two concentrates on…

  18. The State of Law – Between Ambition and Reality

    Directory of Open Access Journals (Sweden)

    Nicoleta DIACONU

    2011-11-01

    Full Text Available Objectives: This article proposes to analyze if the statements regarding the unconsciousness of the law state in Romania, as a reason for not being included in the Schengen Area, are susceptible when the evolution of the relations between Romania and the European International Structures have confirmed the beginning of the rule of law in our country. Prior work: The special literature doesn’t offer many documentaries regarding this subject because the statements that doubt the real existence of the law state in Romania are recent. Even so, the previous analyses show the rule of law in Romania only regarding the justice, without saying anything about the efficiency of these rules. Approach: We analyzed the way that the elements of the law state, as they have been identified in the international documents, are mentioned in the constitutional law in our country. Based on these documents, we analyzed if some risky elements towards the law state confirm or not the previous statements. Implications: The study is useful to highlight the institutional declines and also to offer arguments in order to join the Schengen area. Value: The study wants to offer arguments in order to confirm or to infirm the statements that doubt the existence of the law state.

  19. The United Kingdom's First Woman Law Professor: An Archerian Analysis

    OpenAIRE

    Cownie, FC

    2015-01-01

    In 1970, at Queen's University Belfast, Claire Palley became the first woman to hold a Chair in Law at a United Kingdom university. However, little is known about the circumstances surrounding this event, or Claire Palley herself. This article (part of an extended project exploring her life history) seeks to address the question ‘Was there something about Claire Palley herself that made it more likely she would become the United Kingdom's first female law professor?’ Initially focusing on met...

  20. Clinical Social Work. State Laws Governing Independent Practice and Reimbursement of Services. Fact Sheet for the Honorable Daniel K. Inouye, United States Senate.

    Science.gov (United States)

    General Accounting Office, Washington, DC. Div. of Human Resources.

    This fact sheet on state laws governing the independent practice and reimbursement of services for clinical social workers contains information from questionnaires sent to the state agencies responsible for health insurance regulations and Medicaid and licensing activities. Information on Ohio, the only state which did not respond, is not…

  1. Case law

    International Nuclear Information System (INIS)

    2017-01-01

    This section treats of the following case laws (United States): 1 - Virginia Uranium, Inc. v. Warren, 848 F.3d 590 (4. Cir. 2017): In the United States District Court for the Western District of Virginia, the plaintiffs, a collection of uranium mining companies and owners of land containing uranium deposits, challenged a Commonwealth of Virginia moratorium on conventional uranium mining. The plaintiffs alleged that the state moratorium was preempted by federal law under the Supremacy Clause of the US Constitution.; 2 - United States v. Energy Solutions, Inc.; Rockwell Holdco, Inc.; Andrews County; Holdings, Inc.; and Waste Control Specialists, LLC. (D. Del. June 21, 2017): In 2016, the United States, acting through the US Department of Justice, commenced an action in United States District Court in Delaware seeking to enjoin the acquisition of Waste Control Specialists, LLC (WCS) and its parent company by Energy Solutions, Inc., and its parent. WCS and Energy Solutions are competitors in the market for the disposal of low-level radioactive waste (LLRW) produced by commercial generators of such material. The United States alleged that the proposed acquisition was unlawful. 3 - Cooper v. Tokyo Electric Power Company, No. 15-56426 (9. Cir. 2017): The plaintiffs are US Navy service members who were deployed off the Japanese coast as part of the US effort to provide earthquake relief after the 9.0 earthquake and tsunami that struck Japan on 11 March 2011. Plaintiffs sued alleging 'that TEPCO was negligent in operating the Fukushima Daiichi Nuclear Power Plant and in reporting the extent of the radiation leak

  2. States' criminal jurisdiction under International Law: fostering a ...

    African Journals Online (AJOL)

    Over the past few years, the extent to which international law allows States to exercise their jurisdiction in criminal matters has been a subject of diplomatic tensions between States. The purpose of this paper is to shed some light, on the question as to what extent a State, powerful or weak, has a right under international law ...

  3. The Imposition of Martial Law in the United States

    National Research Council Canada - National Science Library

    Davies, Kirk

    2000-01-01

    .... But despite police efforts to control the populace by establishing quarantine areas, the civilian infrastructure is quickly overwhelmed. Chaos results. Finally, the President declares martial law in an attempt to restore order in the nation.

  4. 20 CFR 601.2 - Approval of State unemployment compensation laws.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Approval of State unemployment compensation... unemployment compensation laws. States may at their option submit their unemployment compensation laws for... Employment and Training Administration (ETA), one copy of the State unemployment compensation law properly...

  5. Correlates of state enactment of elementary school physical education laws.

    Science.gov (United States)

    Monnat, Shannon M; Lounsbery, Monica A F; Smith, Nicole J

    2014-12-01

    To describe variation in U.S. state elementary school physical education (PE) policies and to assess associations between state PE policy enactment and education funding, academic achievement, sociodemographic disadvantage, and political characteristics. U.S. state laws regarding school PE time, staffing, curriculum, fitness assessment, and moderate-to-vigorous physical activity (MVPA) in 2012 were classified as strong/specific, weak/nonspecific, or none based on codified law ratings within the Classification of Laws Associated with School Students (C.L.A.S.S.). Laws were merged with state-level data from multiple sources. Logistic regression was used to determine associations between state characteristics and PE laws (N=51). Laws with specific PE and MVPA time requirements and evidence-based curriculum standards were more likely in states with low academic performance and in states with sociodemographically disadvantaged populations. School day length was positively associated with enacting a PE curriculum that referenced evidence-based standards. School funding and political characteristics were not associated with PE laws. Limited time and high-stake testing requirements force schools to prioritize academic programs, posing barriers to state passage of specific PE laws. To facilitate PE policy enactment, it may be necessary to provide evidence on how PE policies can be implemented within existing time and staffing structures. Copyright © 2014 Elsevier Inc. All rights reserved.

  6. 77 FR 61650 - The Entire United States and U.S. Territories

    Science.gov (United States)

    2012-10-10

    ... given that as a result of Public Law 106-50, the Veterans entrepreneurship and Small Business... SMALL BUSINESS ADMINISTRATION [Disaster Declaration 13332 Disaster ZZ-00008] The Entire United States and U.S. Territories AGENCY: U.S. Small Business Administration. ACTION: Notice. SUMMARY: This is...

  7. State all-driver distracted driving laws and high school students'  texting while driving behavior.

    Science.gov (United States)

    Qiao, Nan; Bell, Teresa Maria

    2016-01-01

    Texting while driving is highly prevalent among adolescents and young adults in the United States. Texting while driving can significantly increase the risk of road crashes and is associated with other risky driving behaviors. Most states have enacted distracted driving laws to prohibit texting while driving. This study examines effects of different all-driver distracted driving laws on texting while driving among high school students. High school student data were extracted from the 2013 National Youth Risk Behavior Survey. Distracted driving law information was collected from the National Conference of State Legislatures. The final sample included 6,168 high school students above the restricted driving age in their states and with access to a vehicle. Logistic regression was applied to estimate odds ratios of laws on texting while driving. All-driver text messaging bans with primary enforcement were associated with a significant reduction in odds of texting while driving among high school students (odds ratio = 0.703; 95% confidence interval, 0.513-0.964), whereas all-driver phone use bans with primary enforcement did not have a significant association with texting while driving (odds ratio = 0.846; 95% confidence interval, 0.501-1.429). The findings indicate that all-driver distracted driving laws that specifically target texting while driving as opposed to all types of phone use are effective in reducing the behavior among high school students.

  8. Authority of Pharmacists to Administer Human Papillomavirus Vaccine: Alignment of State Laws With Age-Level Recommendations.

    Science.gov (United States)

    Dingman, Deirdre A; Schmit, Cason D

    One strategy to increase the uptake of human papillomavirus (HPV) vaccine among adolescents is through the use of pharmacists. Our objectives were to (1) use a publicly available database to describe the statutory and regulatory authority of pharmacists to administer the HPV vaccine in the United States and (2) discuss how the current status of laws may influence achievement of the Healthy People 2020 goal of 80% HPV vaccination rate for teenagers aged 13-15. Using information from the Centers for Disease Control and Prevention's (CDC's) Public Health Law Program database, we identified state laws in effect as of January 1, 2016, giving pharmacists authority to administer vaccines. We used a standardized analysis algorithm to determine whether states' laws (1) authorized pharmacists to administer HPV vaccine, (2) required third-party authorization for pharmacist administration, and (3) restricted HPV vaccine administration by pharmacists to certain patient age groups. Of 50 states and the District of Columbia, 40 had laws expressly granting pharmacists authority to administer HPV vaccine to patients, but only 22 had laws that authorized pharmacists to vaccinate preadolescents aged 11 or 12 (ie, the CDC-recommended age group). Pharmacists were granted prescriptive authority by 5 states, and they were given authority pursuant to general (non-patient-specific) third-party authorization (eg, a licensed health care provider) by 32 states or patient-specific third-party authorization by 3 states. Most states permitted pharmacists to administer HPV vaccines only to boys and girls older than 11 or 12, which may hinder achievement of the Healthy People 2020 goal for HPV vaccination. Efforts should be made to strengthen the role of pharmacists in addressing this public health issue.

  9. 7 CFR 766.155 - Conflict with State law.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 7 2010-01-01 2010-01-01 false Conflict with State law. 766.155 Section 766.155... AGRICULTURE SPECIAL PROGRAMS DIRECT LOAN SERVICING-SPECIAL Homestead Protection Program § 766.155 Conflict with State law. If there is a conflict between a borrower's homestead protection rights and any...

  10. Inventory of power plants in the United States 1989. [Contains glossary

    Energy Technology Data Exchange (ETDEWEB)

    1990-09-21

    This document is prepared annually by the Electric Power Division, Office of Coal, Nuclear, Electric and Alternate Fuels, Energy Information Administration (EIA), US Department of Energy (DOE). The purpose of this publication is to provide year-end statistics about electric generating units in operation and to provide a 10-year outlook of future generating unit additions by electric utilities in the United States (the 50 states and the District of Columbia). Data summarized in this report are useful to a wide audience including Congress, federal and state agencies, the electric utility industry, and the general public. The data presented in this report were assembled and published by the EIA, to fulfill its data collection and dissemination responsibilities as specified in the Federal Energy Administration Act of 1974 (Public Law 93-275) as amended. The report is organized into the following chapters: Summary Statistics; Operable Electric Generating Units; and Projected Electric Generating Unit Additions.

  11. Smoke-free law associated with higher-than-expected taxable retail sales for bars and taverns in Washington State.

    Science.gov (United States)

    Boles, Myde; Dilley, Julia; Maher, Julie E; Boysun, Michael J; Reid, Terry

    2010-07-01

    Continued progress in implementing smoke-free laws throughout the United States would benefit from documenting positive economic effects, particularly for the hospitality industry. This study describes changes in sales revenue in bars and taverns since December 2005, when a statewide smoke-free law in Washington State went into effect. Using 24 quarters of inflation-adjusted taxable retail sales data from 2002 through 2007, we fitted a regression model to estimate the effect of the smoke-free law on sales revenue, controlling for seasonality and other economic factors. We found no immediate change in bar revenues in the first quarter of 2006, but taxable retail sales grew significantly through the fourth quarter of 2007. In the 2 years after the smoke-free law was implemented, sales revenues were $105.5 million higher than expected for bars and taverns in Washington State. The higher-than-expected revenue from taxable sales in bars and taverns after the implementation of smoke-free laws in Washington State provided extra funds to the state general fund. Potential increases in revenue in other jurisdictions that implement smoke-free indoor air policies could provide funds to benefit residents of those jurisdictions.

  12. Legislative framework for sediment management in the United States

    Directory of Open Access Journals (Sweden)

    P. A. Garcia-Chevesich

    2018-04-01

    Full Text Available Sediment erosion is a serious issue, with approximately 75 billion tons of soil is eroded annually around the world (Pimentel and Kounang, 1998. Although erosion is a natural process, it can accelerate due to human activity and land use changes. Increasing soil erosion beyond its natural threshold can result in significant environmental degradation and decreased economic productivity. Implementing sediment management laws and practices is critical to significantly decrease soil erosion and preserve environmental resources. In the United States, there is a comprehensive system of laws and regulations at national, state, county, and city level that govern erosion and sediment control. The laws and voluntary incentives outlined in our paper have significantly reduced the negative impacts of sediment carried in urban and storm-generated runoff, have reduced chemical and biological pollutants in sediment transported in aquatic ecosystems, and have improved the air quality in several cities with air pollution problems. Having a multi-faceted approach to monitoring erosion and improving soil management is important for a healthy, productive environment and economy.

  13. 27 CFR 31.4 - Relation to State and municipal law.

    Science.gov (United States)

    2010-04-01

    ... business contrary to the laws of such State or in places prohibited by municipal law; nor shall such... municipal law. 31.4 Section 31.4 Alcohol, Tobacco Products and Firearms ALCOHOL AND TOBACCO TAX AND TRADE... State and municipal law. Compliance with the requirements of this part shall not be held to exempt any...

  14. The juridic control of transboundary shipments of hazardous waste in the United States

    International Nuclear Information System (INIS)

    Juergensmeyer, J.C.

    1989-01-01

    An intergovernmental conflict over location of disposal of hazardous waste is discussed; the several definitions of hazardous waste in the United States are analysed; moreover the American Law Regulating the transport and disposal of hazardous waste as well is put in question; also the restrictions an disposal of waste are examined in light of the Constitution of the United States, finally, transboundary shipments of hazardous waste and international agreements on hazardous waste shipment are considered [pt

  15. Beyond Section 508: The Spectrum of Legal Requirements for Accessible e-Government Web Sites in the United States

    Science.gov (United States)

    Jaeger, Paul T.

    2004-01-01

    In the United States, a number of federal laws establish requirements that electronic government (e-government) information and services be accessible to individuals with disabilities. These laws affect e-government Web sites at the federal, state, and local levels. To this point, research about the accessibility of e-government Web sites has…

  16. 29 CFR 530.201 - Conflict with State law.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 3 2010-07-01 2010-07-01 false Conflict with State law. 530.201 Section 530.201 Labor Regulations Relating to Labor (Continued) WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR REGULATIONS EMPLOYMENT... Conflict with State law. No certificate will be issued pursuant to § 530.101 of subpart B above authorizing...

  17. Divorcing Marriage from Sex: Radically Rethinking the Role of Sex in Marriage Law in the United States

    Directory of Open Access Journals (Sweden)

    Sally Goldfarb

    2016-12-01

    Full Text Available In 2015, the U.S. Supreme Court required all states to permit same-sex couples to marry. Many people assume that marriage equality for gay, lesbian, bisexual and transgender people has been achieved simply by eliminating the requirement that two individuals entering a marriage must be of different sexes. However, family law in the United States has traditionally required not only that married people are of different sexes, but also that they perform heterosexual intercourse. This focus on heterosexual performance threatens to undermine the legal marriages of gay, lesbian, bisexual and transgender people. It also threatens the dignity, privacy, and legal validity of some heterosexual couples’ marriages. Contrary to current practice, the law should make no assumptions about the existence or type of sexual behavior between spouses that is necessary to create and sustain a marriage. En 2015, la Corte Suprema de los Estados Unidos obligó a todos los estados a permitir que las parejas del mismo sexo se casaran. Muchas personas asumen que se ha logrado la igualdad de matrimonio para personas gays, lesbianas, bisexuales y transexuales simplemente eliminando el requisito de que dos personas que contraen matrimonio deben ser de diferente sexo. Sin embargo, el derecho de familia en los Estados Unidos tradicionalmente ha requerido no sólo que las personas casadas sean de sexo diferente, sino también que mantengan relaciones sexuales heterosexuales. Este enfoque en el comportamiento heterosexual amenaza con minar los matrimonios legales de personas gays, lesbianas, bisexuales y transexuales. También amenaza la dignidad, privacidad y validez legal de los matrimonios de algunas parejas heterosexuales. Contrariamente a la práctica actual, el derecho no debe hacer suposiciones sobre la existencia o el tipo de comportamiento sexual entre los cónyuges que es necesario para crear y mantener un matrimonio.DOWNLOAD THIS PAPER FROM SSRN: https

  18. 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.

  19. The development of nuclear law during the third United Nations Conference on the Law of the Sea

    International Nuclear Information System (INIS)

    Welck, S. von

    1976-01-01

    The Third United Nations Conference on the Law of the Sea will influence nuclear law in the following fields: construction and operation of offshore nuclear power plants, dumping of radioactive wastes in the sea, navigation of nuclear ships and maritime transport of radioactive materials. Nuclear law experts should take advantage of the situation of the present conference which may enable them the influence discussions as well as the outcome of the Conference in these fields by their expertise and knowledge. (Auth) [fr

  20. Relationship between licensing, registration, and other gun sales laws and the source state of crime guns.

    Science.gov (United States)

    Webster, D W; Vernick, J S; Hepburn, L M

    2001-09-01

    To determine the association between licensing and registration of firearm sales and an indicator of gun availability to criminals. Tracing data on all crime guns recovered in 25 cities in the United States were used to estimate the relationship between state gun law categories and the proportion of crime guns first sold by in-state gun dealers. In cities located in states with both mandatory registration and licensing systems (five cities), a mean of 33.7% of crime guns were first sold by in-state gun dealers, compared with 72.7% in cities that had either registration or licensing but not both (seven cities), and 84.2% in cities without registration or licensing (13 cites). Little of the difference between cities with both licensing and registration and cities with neither licensing nor registration was explained by potential confounders. The share of the population near a city that resides in a neighboring state without licensing or registration laws was negatively associated with the outcome. States with registration and licensing systems appear to do a better job than other states of keeping guns initially sold within the state from being recovered in crimes. Proximity to states without these laws, however, may limit their impact.

  1. 34 CFR 200.4 - State law exception.

    Science.gov (United States)

    2010-07-01

    ... law to adopt academic content standards, student academic achievement standards, and academic assessments applicable to all students enrolled in the State's public schools, the State may meet the...) If a State provides satisfactory evidence to the Secretary that neither the State educational agency...

  2. Use of Law Library resources by law students of Imo State University ...

    African Journals Online (AJOL)

    Academic law li braries are indispensable support for learning, research and general practice in the entire legal profession. This article sought to establish the level of usage students of Imo State University make of its law library and in particular, determine the leve l of organization of the resources, services available as well ...

  3. Men Who have Sex with Men Who Believe that Their State has a HIV Criminal Law Report Higher Condomless Anal Sex than Those Who are Unsure of the Law in Their State.

    Science.gov (United States)

    Horvath, Keith J; Meyer, Craig; Rosser, B R Simon

    2017-01-01

    We assessed the effects of beliefs about state HIV criminal law on condomless anal sex (CAS law(s) or where a HIV-related arrest, prosecution, or sentence enhancement (APSE) had occurred. Three-quarters of MSM reported that they were unsure of the law in their state. Men who believed there was a HIV law in their state but lived in states without any or a sex-specific HIV criminal law(s) had higher probabilities of CAS compared to those who were unsure of their state's law; men who believed there was a HIV law in their state and lived in a state where an APSE had occurred had higher probabilities of CAS compared to those who were unsure of their state's law. Correct knowledge of state law was not associated with CAS. Findings suggest that HIV criminal laws have little or counter-productive effects on MSM's risk behavior.

  4. Applicable law in investor-state arbitration: the interplay between national and international law

    NARCIS (Netherlands)

    Kjos, H.E.

    2013-01-01

    This book examines the law, national and/or international, that arbitral tribunals apply on the merits to settle disputes between foreign investors and host states. In light of the freedom that the disputing parties and the arbitrators have when designating the applicable law, and because of the

  5. The European influence on workers' compensation reform in the United States

    Directory of Open Access Journals (Sweden)

    LaDou Joseph

    2011-12-01

    Full Text Available Abstract Workers' compensation law in the United States is derived from European models of social insurance introduced in Germany and in England. These two concepts of workers' compensation are found today in the federal and state workers' compensation programs in the United States. All reform proposals in the United States are influenced by the European experience with workers' compensation. In 2006, a reform proposal termed the Public Health Model was made that would abolish the workers' compensation system, and in its place adopt a national disability insurance system for all injuries and illnesses. In the public health model, health and safety professionals would work primarily in public health agencies. The public health model eliminates the physician from any role other than that of privately consulting with the patient and offering advice solely to the patient. The Public Health Model is strongly influenced by the European success with physician consultation with industry and labor.

  6. Firearm Legislation and Fatal Police Shootings in the United States.

    Science.gov (United States)

    Kivisto, Aaron J; Ray, Bradley; Phalen, Peter L

    2017-07-01

    To examine whether stricter firearm legislation is associated with rates of fatal police shootings. We used a cross-sectional, state-level design to evaluate the effect of state-level firearm legislation on rates of fatal police shootings from January 1, 2015, through October 31, 2016. We measured state-level variation in firearm laws with legislative scorecards from the Brady Center, and for fatal police shootings we used The Counted, an online database maintained by The Guardian. State-level firearm legislation was significantly associated with lower rates of fatal police shootings (incidence rate ratio = 0.961; 95% confidence interval = 0.939, 0.984). When we controlled for sociodemographic factors, states in the top quartile of legislative strength had a 51% lower incidence rate than did states in the lowest quartile. Laws aimed at strengthening background checks, promoting safe storage, and reducing gun trafficking were associated with fewer fatal police shootings. Legislative restrictions on firearms are associated with reductions in fatal police shootings. Public Health Implications. Although further research is necessary to determine causality and potential mechanisms, firearm legislation is a potential policy solution for reducing fatal police shootings in the United States.

  7. Inventory of power plants in the United States as of January 1, 1997

    International Nuclear Information System (INIS)

    1997-12-01

    The Inventory of Power Plants in the United States provides annual statistics on generating units operated by electric utilities in the United States (the 50 States and the District of Columbia). Statistics presented in this report reflect the status of generating units as of January 1, 1997. The publication also provides a 10-yr outlook for generating unit additions. This report is prepared annually by the Coal and Electric Data and Renewables Division; Office of Coal, Nuclear, Electric and Alternate Fuels; Energy Information Administration (EIA); U.S. Department of Energy (DOE). Data summarized in this report are useful to a wide audience including Congress; Federal and State agencies; the electric utility industry; and the general public. Data presented in this report were assembled and published by the EIA to fulfill its data collection and dissemination responsibilities as specified in the Federal Energy Administration Act of 1974 (Public Law 93-275) as amended

  8. Inventory of power plants in the United States as of January 1, 1997

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1997-12-01

    The Inventory of Power Plants in the United States provides annual statistics on generating units operated by electric utilities in the United States (the 50 States and the District of Columbia). Statistics presented in this report reflect the status of generating units as of January 1, 1997. The publication also provides a 10-yr outlook for generating unit additions. This report is prepared annually by the Coal and Electric Data and Renewables Division; Office of Coal, Nuclear, Electric and Alternate Fuels; Energy Information Administration (EIA); U.S. Department of Energy (DOE). Data summarized in this report are useful to a wide audience including Congress; Federal and State agencies; the electric utility industry; and the general public. Data presented in this report were assembled and published by the EIA to fulfill its data collection and dissemination responsibilities as specified in the Federal Energy Administration Act of 1974 (Public Law 93-275) as amended.

  9. 76 FR 30024 - United States Navy Restricted Area, Menominee River, Marinette Marine Corporation Shipyard...

    Science.gov (United States)

    2011-05-24

    ... Executive Order 12866. This rule is issued with respect to a military function of the Department of Defense...; thence easterly along the Marinette Marine Corporation pier to the point of origin. The restricted area... local military or Naval authority, vessels of the United States Coast Guard, and local or state law...

  10. 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...

  11. 27 CFR 46.94 - Relation to State and municipal law.

    Science.gov (United States)

    2010-04-01

    ... penalty or punishment provided by the laws of any State for carrying on any trade or business within that... a person engaged in business in violation of State law. The stamp is not a Federal permit or license... municipal law. 46.94 Section 46.94 Alcohol, Tobacco Products and Firearms ALCOHOL AND TOBACCO TAX AND TRADE...

  12. 31 CFR 50.24 - Applicability of State law requirements.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Applicability of State law requirements. 50.24 Section 50.24 Money and Finance: Treasury Office of the Secretary of the Treasury TERRORISM RISK INSURANCE PROGRAM Mandatory Availability § 50.24 Applicability of State law requirements. (a...

  13. 12 CFR 557.13 - What State laws affecting deposits are not preempted?

    Science.gov (United States)

    2010-01-01

    ... purposes of § 557.11: (1) Contract and commercial law; (2) Tort law; and (3) Criminal law. (b) The OTS will not preempt any other state law if the OTS, upon review, finds that the law: (1) Furthers a vital... 12 Banks and Banking 5 2010-01-01 2010-01-01 false What State laws affecting deposits are not...

  14. 50 CFR 20.72 - Violation of State law.

    Science.gov (United States)

    2010-10-01

    ... export any migratory bird, or any part, nest, or egg of any such bird, in violation of any applicable law... WILDLIFE AND PLANTS (CONTINUED) MIGRATORY BIRD HUNTING Federal, State, and Foreign Law § 20.72 Violation of...

  15. 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.

  16. 78 FR 70392 - Notice of Meeting of Advisory Committee on International Law

    Science.gov (United States)

    2013-11-25

    ... Law A meeting of the Department of State's Advisory Committee on International Law will take place on... Law School (Frederick Lawrence Student Conference Center), 2000 H Street NW., Washington, DC. Acting... Director, Advisory Committee on International Law, United States Department of State. [FR Doc. 2013-28232...

  17. 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...

  18. Power-Law-Distributed Dark States are the Main Pathway for Photobleaching of Single Organic Molecules

    OpenAIRE

    Hoogenboom, J.P.; Hoogenboom, Jacob; van Dijk, E.M.H.P.; Hernando Campos, J.; van Hulst, N.F.; Garcia Parajo, M.F.

    2005-01-01

    We exploit the strong excitonic coupling in a superradiant trimer molecule to distinguish between long-lived collective dark states and photobleaching events. The population and depopulation kinetics of the dark states in a single molecule follow power-law statistics over 5 orders of magnitude in time. This result is consistent with the formation of a radical unit via electron tunneling to a time-varying distribution of trapping sites in the surrounding polymer matrix. We furthermore demonstr...

  19. Case law: France, Germany, India, Switzerland, United States

    International Nuclear Information System (INIS)

    Anon.

    2012-01-01

    France: Administrative Court of Appeal of Lyon, 19 June 2012, Judgements Nos. 12LY00233 and 12LY00290 regarding EDF's permit to construct a waste conditioning and storage facility (ICEDA) in the town of Saint-Vulbas; Conseil d'Etat decision regarding Atelier de technologie de plutonium (ATPu) located at the Cadarache site. Germany: Request for arbitration against Germany at the World Bank's International Centre for the Settlement of Investment Disputes (ICSID) because of Germany's legislation leading to the phase-out of nuclear energy. India: Cases related to the Kudankulam Nuclear Power Project (KKNPP). Switzerland: Judgement of the Federal Administrative Court in the matter of Balmer-Schafroth a.o.v. BKW FMB Energy Inc. on the revocation of the operating licence for the Muehleberg nuclear power plant. United States: Judgement of the Court of Appeals for the D.C. Circuit vacating the NRC's 2010 Waste Confidence Decision and Rule Update; U.S. Supreme Court declines petition for certiorari filed by property owners on Price- Anderson Act claim for damages; Judgement of the NRC Atomic Safety and Licensing Board finding applicants ineligible to obtain a combined license because they are owned by a U.S. corporation that is 100% owned by a foreign corporation; Judgement of an NRC Atomic Safety and Licensing Board Authorizing Issuance of a license for the construction and operation of a commercial laser enrichment facility

  20. 32 CFR 935.20 - Applicable law.

    Science.gov (United States)

    2010-07-01

    ... WAKE ISLAND CODE Civil Law § 935.20 Applicable law. Civil acts and deeds taking place on Wake Island... 32 National Defense 6 2010-07-01 2010-07-01 false Applicable law. 935.20 Section 935.20 National... June 15, 1950 (64 Stat. 217) (48 U.S.C. 644a), according to the laws of the United States relating to...

  1. Anticipative Criminal Investigation : Theory and Counterterrorism Practice in the Netherlands and the United States

    NARCIS (Netherlands)

    Hirsch Ballin, M.F.H.

    2012-01-01

    The book assesses the adoption of counterterrorism measures in the Netherlands and the United States, which facilitate criminal investigations with a preventive focus (anticipative criminal investigations), from the perspective of rule of law principles. Anticipative criminal investigation has

  2. The United States nuclear liability regime under the Price-Anderson Act

    International Nuclear Information System (INIS)

    Brown, O. F.

    2011-01-01

    The 1958 U. S. Price-Anderson Act created the worlds first national nuclear liability regime. It now provides US $12,6 Billion of nuclear liability coverage for the 104 nuclear power plants in the United States, by far the highest monetary coverage of any nuclear liability regime in the world. Each power plant operator provides nuclear hazards coverage for anyone liable through a combination of private insurance from the American nuclear insurance pool (now US$ 375 million) and a retrospective assessment (now US$111,9 million per power plant per incident plus 5 percent for claims and costs). The United States in 2008 ratified the International Atomic Energy Agency's Convention on Supplementary Compensation for Nuclear Damage (CSC). and is promoting it as the basis for a more global nuclear liability regime uniting States that are party to the Vienna Convention or the Paris Convention, or have a domestic law consistent with the CSC Annex. The CSC Annex was written to grad father the Price-Anderson Acts economic channeling of liability to the installation operator. The omnibus feature of Price-Anderson is similar to the legal channeling of all liability to the installation operator under the international nuclear liability conventions and domestic laws of many other countries. The Price-Anderson system (like the Vienna and Paris Conventions) does not provide liability coverage for nuclear damage to or loss of use of on-site property. (Author)

  3. Vital Interests, Virtual Threats: Reconciling International Law with Information Warfare and United States Security

    National Research Council Canada - National Science Library

    Shawhan, Karl

    2001-01-01

    .... Nontraditional threats, however, pose asymmetric dilemmas for the United States. The increased U.S. military and economic reliance on information systems introduces new vulnerabilities not adequately protected by traditional kinetic force arms...

  4. The National Intelligence Strategy of the United States of America: Transformation Through Integration and Innovation

    National Research Council Canada - National Science Library

    2005-01-01

    ... and President Bush's National Security Strategy of the United States of America. The President signed the new law with the expectation that "our vast intelligence enterprise will become more unified, coordinated, and effective...

  5. Sociodemographic Disparities in Local Smoke-Free Law Coverage in 10 States.

    Science.gov (United States)

    Huang, Jidong; King, Brian A; Babb, Stephen D; Xu, Xin; Hallett, Cynthia; Hopkins, Maggie

    2015-09-01

    We assessed sociodemographic disparities in local 100% smoke-free laws prohibiting smoking in all indoor areas of nonhospitality worksites, restaurants, and bars in 10 states. We obtained data on local 100% smoke-free laws (US Tobacco Control Laws Database) and subcounty characteristics (2006-2010 American Community Survey) for Alabama, Alaska, Indiana, Kentucky, Mississippi, Missouri, North Dakota, South Carolina, Texas, and West Virginia. Outcomes included (1) 100% smoke-free law covering restaurants, bars, and workplaces; (2) 100% smoke-free law covering restaurants, bars, or workplaces; and (3) number of venue types covered by 100% smoke-free laws (0-3). Sociodemographics included total population, urban status, percentage racial/ethnic minority, per capita income, percentage with high-school diploma, percentage with blue-collar jobs, and percentage of workers who live and work in the same locality. Across states, localities with less-educated residents, smaller proportions of workers living and working in the same locality, or both generally had lower odds of being covered by 100% smoke-free laws. Coverage varied across states for other sociodemographics. Disparities exist in local smoke-free law coverage. Identifying patterns in coverage can inform state efforts to address related disparities.

  6. 7 CFR 1220.615 - State and United States.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false State and United States. 1220.615 Section 1220.615... CONSUMER INFORMATION Procedures To Request a Referendum Definitions § 1220.615 State and United States. State and United States include the 50 States of the United States of America, the District of Columbia...

  7. 7 CFR 1220.129 - State and United States.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false State and United States. 1220.129 Section 1220.129... CONSUMER INFORMATION Soybean Promotion and Research Order Definitions § 1220.129 State and United States. The terms State and United States include the 50 States of the United States of America, the District...

  8. Observations of the role of science in the United States medical cannabis state policies: Lessons learnt.

    Science.gov (United States)

    Grbic, Jelica; Goddard, Perilou; Ryder, David

    2017-04-01

    Clinical trials have shown cannabis to be effective in the treatment of some medical conditions and there is mounting public and political pressure to enact laws enabling the use of cannabis for medicinal purposes. To date, 28 United States (U.S.) states and the District of Columbia have enacted medical cannabis laws. This study sought to identify the main issues pertaining to the development of medical cannabis laws in the U.S, including the role of scientific evidence. Data were collected from three groups of participants: government officials, lobbyists and medical professionals involved in the medical cannabis debate in five selected states in the U.S.; researchers from the same five states conducting funded research in the alcohol and other drugs field; and members of the International Society for the Study of Drug Policy. The data were analysed using thematic analysis. Six major themes emerged in relation to the factors influencing policy: scientific evidence plays a limited role in the development of policy; the available research is limited and mixed; there is a need for clearer communication and active dissemination of evidence to policy makers; researchers need to consider what research is likely to impact on policy; scientific evidence is not a major factor in policy development; and there is a need to consider evidence within a political context. Researchers need to be aware of the political context in which medical cannabis laws are or are not enacted and consider ways in which research findings can achieve a higher profile within this context. Copyright © 2016. Published by Elsevier B.V.

  9. Soil erosion and sediment control laws. A review of state laws and their natural resource data requirements

    Science.gov (United States)

    Klein, S. B.

    1980-01-01

    Twenty states, the District of Columbia, and the Virgin Islands enacted erosion and sediment control legislation during the past decade to provide for the implementation or the strengthening of statewide erosion and sediment control plans for rural and/or urban lands. That legislation and the state programs developed to implement these laws are quoted and reviewed. The natural resource data requirements of each program are also extracted. The legislation includes amendments to conservation district laws, water quality laws, and erosion and sediment control laws. Laws which provides for legislative review of administrative regulations and LANDSAT applications and/or information systems that were involved in implementing or gathering data for a specific soil erosion and sediment control program are summarized as well as principal concerns affecting erosion and sediment control laws.

  10. 32 CFR 537.5 - Applicable law.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 3 2010-07-01 2010-07-01 true Applicable law. 537.5 Section 537.5 National... THE UNITED STATES § 537.5 Applicable law. (a) Basis for recovery. (1) Most recovery assertions are.... These actions or omissions must constitute a tort as determined by the law of place of occurrence...

  11. Evaluating ozone air pollution effects on pines in the western United States

    Science.gov (United States)

    Paul R. Miller; Kenneth W. Stolte; Daniel M. Duriscoe; John Pronos

    1996-01-01

    Historical and technical background is provided about ozone air pollution effects on ponderosa (Pinus ponderosa Dougl. ex Laws) and Jeffrey (P. jeffreyi Grev. and Balf.) pines in forests of the western United States. The principal aim is to document the development of field survey methods to be applied to assessment of chronic...

  12. State Firearm Laws and Interstate Transfer of Guns in the USA, 2006-2016.

    Science.gov (United States)

    Collins, Tessa; Greenberg, Rachael; Siegel, Michael; Xuan, Ziming; Rothman, Emily F; Cronin, Shea W; Hemenway, David

    2018-06-01

    In a cross-sectional, panel study, we examined the relationship between state firearm laws and the extent of interstate transfer of guns, as measured by the percentage of crime guns recovered in a state and traced to an in-state source (as opposed to guns recovered in a state and traced to an out-of-state source). We used 2006-2016 data on state firearm laws obtained from a search of selected state statutes and 2006-2016 crime gun trace data from the Bureau of Alcohol, Tobacco, Firearms, and Explosives. We examined the relationship between state firearm laws and interstate transfer of guns using annual data from all 50 states during the period 2006-2016 and employing a two-way fixed effects model. The primary outcome variable was the percentage of crime guns recovered in a state that could be traced to an original point of purchase within that state as opposed to another state. The main exposure variables were eight specific state firearm laws pertaining to dealer licensing, sales restrictions, background checks, registration, prohibitors for firearm purchase, and straw purchase of guns. Four laws were independently associated with a significantly lower percentage of in-state guns: a waiting period for handgun purchase, permits required for firearm purchase, prohibition of firearm possession by people convicted of a violent misdemeanor, and a requirement for relinquishment of firearms when a person becomes disqualified from owning them. States with a higher number of gun laws had a lower percentage of traced guns to in-state dealers, with each increase of one in the total number of laws associated with a decrease of 1.6 percentage points in the proportion of recovered guns that were traced to an in-state as opposed to an out-of-state source. Based on an examination of the movement patterns of guns across states, the overall observed pattern of gun flow was out of states with weak gun laws and into states with strong gun laws. These findings indicate that certain

  13. Social Security Number Protection Laws: State-by-State Summary Table

    Science.gov (United States)

    Data Quality Campaign, 2011

    2011-01-01

    As state policymakers implement statewide longitudinal data systems that collect, store, link and share student-level data, it is critical that they understand applicable privacy and data security standards and laws designed to ensure the privacy, security, and confidentiality of that data. To help state policymakers navigate this complex legal…

  14. The hydroelectric power market in the United States

    International Nuclear Information System (INIS)

    2002-01-01

    The second-largest producer of hydroelectric power in the world is the United States, right after Canada. In the United States, 7.1 per cent of net electricity generation was attributed to hydroelectric power in 2000, which totalled 269 terawatt hours (TWh). Aging facilities, outdated technology in some facilities, a cumbersome licensing process, and increasing environmental demands from interest groups for the preservation of river systems and surrounding wildlife challenge the industry. Pacific Coast states, especially California, were faced with electric power shortages during the summer of 2001, due to low market prices, high power usage among consumers and drought. The problems with the deregulation of the electricity market were brought to light by these shortages. Legislation to restructure the electric power industry in 25 states had not been enacted as of January 2002. The purchase of more power from both Canada and the Mexico is being considered by the government of the United States, as is the creation of a national power grid to allow for power transmission throughout the country. The Canada-United States energy trade might be affected by such a move, and result in project construction opportunities for Canadian companies. Renewable energy sources must be responsible for the generation of 10 per cent of power generation levels by 2020, on a gradual basis as mandated by law. By 2005, New York City must purchase 10 per cent of its power from renewable energy sources, reaching 20 per cent by 2010. The repair and replacement of aging dam equipment, the development of advanced turbine technology to protect fish stocks and water quality, dam removal, the construction of power lines are all opportunities open to Canadian companies. 60 refs., 5 tabs

  15. 22 CFR 230.16 - Governing law.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Governing law. 230.16 Section 230.16 Foreign... SUPPLEMENTAL APPROPRIATIONS ACT OF 2003, PUB. L. 108-11-STANDARD TERMS AND CONDITIONS § 230.16 Governing law. This Guarantee shall be governed by and construed in accordance with the laws of the United States of...

  16. Potential of Hot-Dry-Rock Geothermal Energy in the Eastern United States

    Energy Technology Data Exchange (ETDEWEB)

    None

    1993-11-01

    This is subtitled, ''A report to the United States Congress under Section 2502 of Public Law 102-486 (The Energy Policy Act of 1992)''. It documents a workshop held by the U.S.G.S. (in Philadelphia, January 1993) as required by EPACT 1992. The workshop concluded that under present (1993) economic and technological constraints, mining heat for power electrical power generation is not feasible in the eastern United States. The main issues are the costs of drilling very deep wells and the general applicability of hydrofracturing technology to compressional stress field typical of the eastern U.S. (DJE-2005)

  17. 12 CFR 557.11 - To what extent does Federal law preempt deposit-related State laws?

    Science.gov (United States)

    2010-01-01

    ... Federal law preempt deposit-related State laws? (a) Under sections 4(a), 5(a), and 5(b) of the HOLA, 12 U... purposes of HOLA. (b) To further these purposes without undue regulatory duplication and burden, OTS hereby...

  18. Internet-facilitated commercial sexual exploitation of children: findings from a nationally representative sample of law enforcement agencies in the United States.

    Science.gov (United States)

    Mitchell, Kimberly J; Jones, Lisa M; Finkelhor, David; Wolak, Janis

    2011-03-01

    This article explores the variety of ways in which the Internet is used to facilitate the commercial sexual exploitation of children (CSEC) and provides national incidence estimates for the number of arrests involving such technology-facilitated crimes in 2006. The National Juvenile Online Victimization Study is a nationally representative longitudinal study of more than 2,500 local, county, state, and federal law enforcement agencies across the United States. The current article utilizes Wave 2 data, which surveyed arrests in 2006 for Internet-related sex crimes against minors. Detailed data were collected via telephone interviews with investigators about 1,051 individual arrest cases. Findings show that an estimated 569 arrests for Internet-facilitated commercial sexual exploitation of children (IF-CSEC) occurred in the United States in 2006. Offenders in IF-CSEC cases fell into two main categories: (1) those who used the Internet to purchase or sell access to identified children for sexual purposes including child pornography (CP) production (36% of cases), and (2) those who used the Internet to purchase or sell CP images they possessed but did not produce (64% of cases). Offenders attempting to profit from child sexual exploitation were more likely than those who were purchasing to have (a) prior arrests for sexual and nonsexual offenses, (b) a history of violence, (c) produced CP, (d) joined forces with other offenders, and (e) involved female offenders. Although the number of arrests for IF-CSEC crimes is relatively small, the victims of these crimes are a high-risk subgroup of youth, and the offenders who try to profit from these crimes are particularly concerning from a child welfare perspective.

  19. 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...

  20. Water laws in eleven midwestern states: summary tables

    Energy Technology Data Exchange (ETDEWEB)

    McNeil, T.L.; Torpy, M.F.

    1979-06-01

    Basic information about the water laws of Arkansas, Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Ohio, and West Virginia is summarized. References to state laws and court decisions that may be useful in assessing the legal availability of water for energy development are provided. (MCW)

  1. The intersection between cannabis and cancer in the United States.

    Science.gov (United States)

    Bowles, Daniel W; O'Bryant, Cindy L; Camidge, D Ross; Jimeno, Antonio

    2012-07-01

    In the last 15 years there has been a major shift in the laws governing medical use of cannabis in the United States. Corresponding with this change there has been escalating interest in the role that cannabis, commonly referred to as marijuana, and cannabinoids play in the care of patients with cancer. This review will examine cannabis' and cannabinoids' current and potential roles in cancer care. Specifically, we will examine five areas of cannabis medicine: (1) pharmacologic properties of cannabis; (2) its potential role in the development of human cancers, particularly smoking-related malignancies; (3) cannabinoids' potential as anti-cancer therapies; (4) cannabis and cannabinoids in the palliation of common cancer-associated symptoms; (5) current legal status of cannabis for medical purposes in the United States. Copyright © 2011 Elsevier Ireland Ltd. All rights reserved.

  2. Awareness of United States' Law for Nursing Mothers among Employers in New Orleans, Louisiana.

    Science.gov (United States)

    Alb, Caitrin H; Theall, Katherine; Jacobs, Marni B; Bales, Ana

    The U.S. Federal Reasonable Break Time for Nursing Mothers Law to support breastfeeding employees was passed in 2010, as part of the Affordable Care Act. However, few data are available assessing employers' awareness of the law or its implementation. The study aims were to 1) describe New Orleans employers' awareness of the law, 2) determine the extent of the law implementation within workplaces, and 3) determine the associations between workplace characteristics and employers' awareness and implementation. A cross-sectional survey was mailed to 652 workplaces with more than 50 employees in New Orleans, Louisiana, in the fall of 2013. A random sample of those who did not respond was called. The survey included questions about the industry category, number and type of employees, the employers' awareness of the law, if they had begun to implement the law, and their perceptions of barriers to implementation. The final sample included 182 workplaces (27.9% response rate). Eighty-seven participants (47.8%) reported having heard of the law. However, 52.7% of the participants (n = 96) responded that they had begun to implement the law. Large workplaces (≥100 employees) were more than four times as likely to be aware of the law compared with smaller workplaces (odds ratio, 4.23; 95% confidence interval, 1.69-10.59). The results were similar for beginning implementation. The proportion of large workplaces who are aware of the law remains lower than it should be, even 3 years after the institution of the Affordable Care Act. Outreach to all workplaces, including smaller ones, is needed to inform employers about the law and give them tools for implementation. Copyright © 2016 Jacobs Institute of Women's Health. Published by Elsevier Inc. All rights reserved.

  3. The status of radioactive waste repository development in the United States - December 2011

    International Nuclear Information System (INIS)

    Hill, David R.

    2012-01-01

    The current state of affairs concerning development in the United States of a permanent repository for disposal of spent nuclear fuel (SNF) and high-level radioactive waste (HLW) is, in a word, uncertain. The President of the United States has asserted that he believes licensing and development of the Yucca Mountain repository should be abandoned, while other important parties believe licensing and development should continue. And not surprisingly, there is a disagreement as to what the law requires and whether the licensing process for the Yucca Mountain repository can be terminated at this point, even if the President would like for that to happen. The future of Yucca Mountain, and the future of radioactive waste disposal in the United States generally, currently are pending before the US Court of Appeals for the District of Columbia Circuit, and eventually the Supreme Court of the United States may decide some of the important legal issues concerning Yucca Mountain's future. The November 2012 US elections also likely will have a significant impact on future radioactive waste repository development

  4. State gun safe storage laws and child mortality due to firearms.

    Science.gov (United States)

    Cummings, P; Grossman, D C; Rivara, F P; Koepsell, T D

    1997-10-01

    Since 1989, several states have passed laws that make gun owners criminally liable if someone is injured because a child gains unsupervised access to a gun. These laws are controversial, and their effect on firearm-related injuries is unknown. To determine if state laws that require safe storage of firearms are associated with a reduction in child mortality due to firearms. An ecological study of firearm mortality from 1979 through 1994. All 50 states and the District of Columbia. All children younger than 15 years. Unintentional deaths, suicides, and homicides due to firearms. Laws that make gun owners responsible for storing firearms in a manner that makes them inaccessible to children were in effect for at least 1 year in 12 states from 1990 through 1994. Among children younger than 15 years, unintentional shooting deaths were reduced by 23% (95% confidence interval, 6%-37%) during the years covered by these laws. This estimate was based on within-state comparisons adjusted for national trends in unintentional firearm-related mortality. Gun-related homicide and suicide showed modest declines, but these were not statistically significant. State safe storage laws intended to make firearms less accessible to children appear to prevent unintentional shooting deaths among children younger than 15 years.

  5. 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.

  6. The Imposition of the Death Penalty on Mexican Nationals in the United States and the Cultural, Legal and Political Context

    Directory of Open Access Journals (Sweden)

    James Michael Olivero

    2013-03-01

    Full Text Available This paper reviews death penalty perspectives from the United States, Mexico and international law. The United States practices the death penalty on not only its citizens, but those of other nations who commit capital crimes. Mexico is a death penalty abolitionist state that takes significant issue with the United States over executing Mexican nationals. The paper analyzes the cultural, legal and political conflict between the two countries surrounding the application of the death penalty on Mexican nationals.

  7. Small Business Contracting in the United States and Europe: A Comparative Assessment

    Science.gov (United States)

    2010-03-01

    unlimited. Prepared for: Naval Postgraduate School, Monterey, California 93943 SMALL BUSINESS CONTRACTING IN THE UNITED STATES AND EUROPE: A...COMPARATIVE ASSESSMENT by Max Kidalov, Assistant Professor Procurement Law & Policy March 2010 Graduate School of Business & Public Policy...Daniel T. Oliver Leonard A. Ferrari President Executive Vice President and Provost The report entitled “Small Business Contracting in

  8. U.S. Lawful Permanent Residents: Fiscal Year 2014

    Data.gov (United States)

    Department of Homeland Security — Lawful permanent residents (LPRs), also known as “green card” holders, are non-citizens who are lawfully authorized to live permanently within the United States.

  9. State obligations to implement African abortion laws: employing human rights in a changing legal landscape.

    Science.gov (United States)

    Ngwena, Charles G

    2012-11-01

    Women in the African region are overburdened with unsafe abortion. Abortion regimes that fail to translate any given abortion rights into tangible access are partly to blame. Historically, African abortion laws have been highly restrictive. However, the post-independence era has witnessed a change toward liberalizing abortion law, even if incremental for many jurisdictions. Furthermore, Article 14 of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa has significantly augmented the regional trend toward liberalization by recognizing abortion as a human right in given circumstances. However, states are failing to implement abortion laws. The jurisprudence that is emerging from the European Court of Human Rights and United Nations treaty bodies is a tool that can be used to render African governments accountable for failure to implement domestic abortion laws. Copyright © 2012 International Federation of Gynecology and Obstetrics. Published by Elsevier Ireland Ltd. All rights reserved.

  10. Quantifying underreporting of law-enforcement-related deaths in United States vital statistics and news-media-based data sources: A capture-recapture analysis.

    Science.gov (United States)

    Feldman, Justin M; Gruskin, Sofia; Coull, Brent A; Krieger, Nancy

    2017-10-01

    Prior research suggests that United States governmental sources documenting the number of law-enforcement-related deaths (i.e., fatalities due to injuries inflicted by law enforcement officers) undercount these incidents. The National Vital Statistics System (NVSS), administered by the federal government and based on state death certificate data, identifies such deaths by assigning them diagnostic codes corresponding to "legal intervention" in accordance with the International Classification of Diseases-10th Revision (ICD-10). Newer, nongovernmental databases track law-enforcement-related deaths by compiling news media reports and provide an opportunity to assess the magnitude and determinants of suspected NVSS underreporting. Our a priori hypotheses were that underreporting by the NVSS would exceed that by the news media sources, and that underreporting rates would be higher for decedents of color versus white, decedents in lower versus higher income counties, decedents killed by non-firearm (e.g., Taser) versus firearm mechanisms, and deaths recorded by a medical examiner versus coroner. We created a new US-wide dataset by matching cases reported in a nongovernmental, news-media-based dataset produced by the newspaper The Guardian, The Counted, to identifiable NVSS mortality records for 2015. We conducted 2 main analyses for this cross-sectional study: (1) an estimate of the total number of deaths and the proportion unreported by each source using capture-recapture analysis and (2) an assessment of correlates of underreporting of law-enforcement-related deaths (demographic characteristics of the decedent, mechanism of death, death investigator type [medical examiner versus coroner], county median income, and county urbanicity) in the NVSS using multilevel logistic regression. We estimated that the total number of law-enforcement-related deaths in 2015 was 1,166 (95% CI: 1,153, 1,184). There were 599 deaths reported in The Counted only, 36 reported in the NVSS

  11. 7 CFR 1209.21 - State and United States.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false State and United States. 1209.21 Section 1209.21... Definitions § 1209.21 State and United States. (a) State means any of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. (b) United States means collectively the several States of...

  12. Some considerations regarding the reforms of nuclear liability legislation in the United States

    International Nuclear Information System (INIS)

    Welck, S. von

    1980-01-01

    In the United States, as in the Federal Republic of Germany and in Switzerland, some thought is presently being given to reforms of nuclear liability legislation. In each case it was either triggered or influenced by the Three Mile Island incident of March 28, 1979. Some of the current thinking in the United States has already been incorporated in a number of draft bills now before Congress for deliberation and decision. Other draft bills on reforms of U.S. nuclear liability law have been announced. It is certain that this reform of nuclear liability legislation in the United States will be carried out not only with determination and the political will to improve the present situation, but also with the required caution and prudence, and that it will keep Congress busy not only for this term, but also next year. (orig.) [de

  13. 75 FR 9414 - Notice of Open Meeting of the Advisory Committee of the Export-Import Bank of the United States...

    Science.gov (United States)

    2010-03-02

    ... EXPORT-IMPORT BANK OF THE UNITED STATES Notice of Open Meeting of the Advisory Committee of the Export- Import Bank of the United States (Ex-Im Bank) SUMMARY: The Advisory Committee was established by Public Law 98-181, November 30, 1983, to advise the Export-Import Bank on its programs and to provide...

  14. 75 FR 73082 - Notice of Open Meeting of the Advisory Committee of the Export-Import Bank of the United States...

    Science.gov (United States)

    2010-11-29

    ... EXPORT-IMPORT BANK OF THE UNITED STATES Notice of Open Meeting of the Advisory Committee of the Export- Import Bank of the United States (Ex-Im Bank) SUMMARY: The Advisory Committee was established by Public Law 98-181, November 30, 1983, to advise the Export-Import Bank on its programs and to provide...

  15. 75 FR 54875 - Notice of Open Meeting of the Advisory Committee of the Export-Import Bank of the United States...

    Science.gov (United States)

    2010-09-09

    ... EXPORT-IMPORT BANK OF THE UNITED STATES Notice of Open Meeting of the Advisory Committee of the Export- Import Bank of the United States (Ex-Im Bank) SUMMARY: The Advisory Committee was established by Public Law 98-181, November 30, 1983, to advise the Export-Import Bank on its programs and to provide...

  16. Medical marijuana laws in 50 states: investigating the relationship between state legalization of medical marijuana and marijuana use, abuse and dependence.

    Science.gov (United States)

    Cerdá, Magdalena; Wall, Melanie; Keyes, Katherine M; Galea, Sandro; Hasin, Deborah

    2012-01-01

    Marijuana is the most frequently used illicit substance in the United States. Little is known of the role that macro-level factors, including community norms and laws related to substance use, play in determining marijuana use, abuse and dependence. We tested the relationship between state-level legalization of medical marijuana and marijuana use, abuse, and dependence. We used the second wave of the National Epidemiologic Survey on Alcohol and Related Conditions (NESARC), a national survey of adults aged 18+ (n=34,653). Selected analyses were replicated using the National Survey on Drug Use and Health (NSDUH), a yearly survey of ∼68,000 individuals aged 12+. We measured past-year cannabis use and DSM-IV abuse/dependence. In NESARC, residents of states with medical marijuana laws had higher odds of marijuana use (OR: 1.92; 95% CI: 1.49-2.47) and marijuana abuse/dependence (OR: 1.81; 95% CI: 1.22-2.67) than residents of states without such laws. Marijuana abuse/dependence was not more prevalent among marijuana users in these states (OR: 1.03; 95% CI: 0.67-1.60), suggesting that the higher risk for marijuana abuse/dependence in these states was accounted for by higher rates of use. In NSDUH, states that legalized medical marijuana also had higher rates of marijuana use. States that legalized medical marijuana had higher rates of marijuana use. Future research needs to examine whether the association is causal, or is due to an underlying common cause, such as community norms supportive of the legalization of medical marijuana and of marijuana use. Copyright © 2011 Elsevier Ireland Ltd. All rights reserved.

  17. Welcome to the wild west: protecting access to cross border fertility care in the United States.

    Science.gov (United States)

    Mutcherson, Kimberley M

    2012-01-01

    As has been the case with other types of medical tourism, the phenomenon of cross border fertility care ("CBFC") has sparked concern about the lack of global or even national harmonization in the regulation of the fertility industry. The diversity of laws around the globe leads would-be parents to forum shop for a welcoming place to make babies. Focusing specifically on the phenomenon of travel to the United States, this Article takes up the question of whether there should be any legal barriers to those who come to the United States seeking CBFC. In part, CBFC suffers from the same general concerns raised about the use of fertility treatment in general, but it is possible to imagine a subset of arguments that would lead to forbidding or at least discouraging people from coming to the United States for CBFC, either as a matter of law or policy. This paper stands in opposition to any such effort and contemplates the moral and ethical concerns about CBFC and how, and if, those concerns warrant expression in law. Part I describes the conditions that lead some couples and individuals to leave their home countries to access fertility treatments abroad and details why the United States, with its comparatively liberal regulation of ART, has become a popular CBFC destination for travelers from around the world. Part II offers and refutes arguments supporting greater domestic control over those who seek to satisfy their desires for CBFC in the United States by reasserting the importance of the right of procreation while also noting appropriate concerns about justice and equality in the market for babies. Part III continues the exploration of justice by investigating the question of international cooperation in legislating against perceived wrongs. This Part concludes that consistent legislation across borders is appropriate where there is consensus about the wrong of an act, but it is unnecessary and inappropriate where there remain cultural conflicts about certain

  18. 7 CFR 360.400 - Preemption of State and local laws.

    Science.gov (United States)

    2010-01-01

    ... local laws. (a) Under section 436 of the Plant Protection Act (7 U.S.C. 7756), a State or political... of the Plant Protection Act, the regulations in this part preempt all State and local laws and... 360.400 Agriculture Regulations of the Department of Agriculture (Continued) ANIMAL AND PLANT HEALTH...

  19. 49 CFR 1546.211 - Law enforcement personnel.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 9 2010-10-01 2010-10-01 false Law enforcement personnel. 1546.211 Section 1546... § 1546.211 Law enforcement personnel. (a) At airports within the United States not governed by part 1542...) When using a screening system required by § 1546.101(a), (b), or (c), provide for law enforcement...

  20. 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.

  1. 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

  2. 12 CFR 303.15 - Certain limited liability companies deemed incorporated under State law.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Certain limited liability companies deemed... liability companies deemed incorporated under State law. (a) For purposes of the definition of “State bank... liability company (LLC) under the law of any State is deemed to be “incorporated” under the law of the State...

  3. Obtaining patient test results from clinical laboratories: a survey of state law for pharmacists.

    Science.gov (United States)

    Witry, Matthew J; Doucette, William R

    2009-01-01

    To identify states with laws that restrict to whom clinical laboratories may release copies of laboratory test results and to describe how these laws may affect pharmacists' ability to obtain patient laboratory test results. Researchers examined state statutes and administrative codes for all 50 states and the District of Columbia at the University of Iowa Law Library between June and July 2007. Researchers also consulted with lawyers, state Clinical Laboratory Improvement Amendments officers, and law librarians. Laws relating to the study objective were analyzed. 34 jurisdictions do not restrict the release of laboratory test results, while 17 states have laws that restrict to whom clinical laboratories can send copies of test results. In these states, pharmacists will have to use alternative sources, such as physician offices, to obtain test results. Pharmacists must consider state law before requesting copies of laboratory test results from clinical laboratories. This may be an issue that state pharmacy associations can address to increase pharmacist access to important patient information.

  4. Assessing the Relationship between Marijuana Availability and Marijuana Use: A Legal and Sociological Comparison between the United States and the Netherlands

    Science.gov (United States)

    Yacoubian, George S., Jr.

    2007-01-01

    The United States and the Netherlands have antithetical marijuana control policies. The United States' laws criminalize the possession of even small amounts of marijuana, while the Netherlands have maintained, over the past several decades, two relatively liberal marijuana policies implemented during the 1970s and 1980s. According to the…

  5. 7 CFR 1160.104 - United States.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 9 2010-01-01 2009-01-01 true United States. 1160.104 Section 1160.104 Agriculture... Definitions § 1160.104 United States. United States means the 48 contiguous states in the continental United States and the District of Columbia, except that United States means the 50 states of the United States...

  6. Radioactive waste management: a summary of state laws and administration

    International Nuclear Information System (INIS)

    1983-09-01

    This is the second update of Radioactive Waste Management: A Summary of State Laws and Administration. It completely replaces the first update (15 April 1983). The updated report covers the administration, the legislature and the laws in the 50 states related to radioactive waste. The report for each state is divided into four sections: Cover Page; Administrative; Legislative; and Applicable Legislation. The cover page indicates whether or not it is an Agreement State, the low-level waste compacts in which the state is listed as an eligible state, and the high-level waste repository site screening regions in which the state or a portion of it is located. Included under the compacts is a description of what the state has done or currently plans to do, as well as the compact status of other eligible states in the region. The Administrative section provides information on the governor, lead agencies, other involved administrative agencies, relevant commissions, boards and councils and various contacts. In a number of states, Boards of Health or similar boards are lead agencies, so they have been listed in that section. Each board's administrative agency is listed under it. The Legislative section provides general information on the legislature and lists legislative leaders, the relevant committees and their chairs, and a legislative contact. Many legislatures do not set a date for session adjournment, so the date listed represents a combination of information provided by the states and by the history of past sessions. In the section covering Applicable Legislation, laws related to radiation protection, low-level waste and high-level waste have been summarized. Hazardous waste siting laws are included for states that do not have a siting law covering radioactive waste. The section also contains summaries of relevant bills introduced in 1982 and 1983 legislative sessions and this disposition. In general, the information in this report is accurate as of July 15, 1983

  7. State-level gonorrhea rates and expedited partner therapy laws: insights from time series analyses.

    Science.gov (United States)

    Owusu-Edusei, K; Cramer, R; Chesson, H W; Gift, T L; Leichliter, J S

    2017-06-01

    In this study, we examined state-level monthly gonorrhea morbidity and assessed the potential impact of existing expedited partner therapy (EPT) laws in relation to the time that the laws were enacted. Longitudinal study. We obtained state-level monthly gonorrhea morbidity (number of cases/100,000 for males, females and total) from the national surveillance data. We used visual examination (of morbidity trends) and an autoregressive time series model in a panel format with intervention (interrupted time series) analysis to assess the impact of state EPT laws based on the months in which the laws were enacted. For over 84% of the states with EPT laws, the monthly morbidity trends did not show any noticeable decreases on or after the laws were enacted. Although we found statistically significant decreases in gonorrhea morbidity within four of the states with EPT laws (Alaska, Illinois, Minnesota, and Vermont), there were no significant decreases when the decreases in the four states were compared contemporaneously with the decreases in states that do not have the laws. We found no impact (decrease in gonorrhea morbidity) attributable exclusively to the EPT law(s). However, these results do not imply that the EPT laws themselves were not effective (or failed to reduce gonorrhea morbidity), because the effectiveness of the EPT law is dependent on necessary intermediate events/outcomes, including sexually transmitted infection service providers' awareness and practice, as well as acceptance by patients and their partners. Published by Elsevier Ltd.

  8. PENGATURAN DAN PENEGAKAN HUKUM PEMBOIKOTAN DALAM ANTITRUST LAW AMERIKA SERIKAT

    Directory of Open Access Journals (Sweden)

    Siti Anisah

    2016-01-01

    Full Text Available Boycott is one of violations in the competition law that eliminating the freedom of parties to enter the market. The aim of it no other than lessened fair competition. Theoretically, the issue related boycott discuss about the approach utilised by the authority to investigate and enforce boycott and its meaning: whether boycott is vertical or horizontal, or both; and what are the criteria of the violations? Given so few references on boycott, this paper attempts to reveal the regulation and the enforcement of it in the United States. It is aimed as reference to regulate and/or to settle the competition law cases of boycott in Indonesia in the future day. The United States does not specifically state boycott in the Antitrust Law. The United States includes boycott as concerted to deal and refuse to deal as ruled in the Section 1 of Sherman Act.

  9. Using Proactive Law for Competitive Advantage

    Directory of Open Access Journals (Sweden)

    Helena Haapio

    2016-12-01

    Full Text Available This article analyzes the role of law as a positive force within companies through parallel developments in Europe and the United States and a Colombian case study that illustrates how contract simplification and visualization can help bring user-friendly contracts and Proactive Law to practice.

  10. The welfare state and Baumol's law

    DEFF Research Database (Denmark)

    Paldam, Martin

    The paper considers a two-sector economy with a constant population: The public sector, with stable productivity, and a private sector, with productivity growth. Baumol's law says that such an economy has no steady state. It is demonstrated what this means. Two attempts to uphold a policy...

  11. Modified Van der Waals equation and law of corresponding states

    Science.gov (United States)

    Zhong, Wei; Xiao, Changming; Zhu, Yongkai

    2017-04-01

    It is well known that the Van der Waals equation is a modification of the ideal gas law, yet it can be used to describe both gas and liquid, and some important messages can be obtained from this state equation. However, the Van der Waals equation is not a precise state equation, and it does not give a good description of the law of corresponding states. In this paper, we expand the Van der Waals equation into its Taylor's series form, and then modify the fourth order expansion by changing the constant Virial coefficients into their analogous ones. Via this way, a more precise result about the law of corresponding states has been obtained, and the law of corresponding states can then be expressed as: in terms of the reduced variables, all fluids should obey the same equation with the analogous Virial coefficients. In addition, the system of 3 He with quantum effects has also been taken into consideration with our modified Van der Waals equation, and it is found that, for a normal system without quantum effect, the modification on ideal gas law from the Van der Waals equation is more significant than the real case, however, for a system with quantum effect, this modification is less significant than the real case, thus a factor is introduced in this paper to weaken or strengthen the modification of the Van der Waals equation, respectively.

  12. Insurance coverage for male infertility care in the United States.

    Science.gov (United States)

    Dupree, James M

    2016-01-01

    Infertility is a common condition experienced by many men and women, and treatments are expensive. The World Health Organization and American Society of Reproductive Medicine define infertility as a disease, yet private companies infrequently offer insurance coverage for infertility treatments. This is despite the clear role that healthcare insurance plays in ensuring access to care and minimizing the financial burden of expensive services. In this review, we assess the current knowledge of how male infertility care is covered by insurance in the United States. We begin with an appraisal of the costs of male infertility care, then examine the state insurance laws relevant to male infertility, and close with a discussion of why insurance coverage for male infertility is important to both men and women. Importantly, we found that despite infertility being classified as a disease and males contributing to almost half of all infertility cases, coverage for male infertility is often excluded from health insurance laws. Excluding coverage for male infertility places an undue burden on their female partners. In addition, excluding care for male infertility risks missing opportunities to diagnose important health conditions and identify reversible or irreversible causes of male infertility. Policymakers should consider providing equal coverage for male and female infertility care in future health insurance laws.

  13. Suicide Rates and State Laws Regulating Access and Exposure to Handguns.

    Science.gov (United States)

    Anestis, Michael D; Anestis, Joye C

    2015-10-01

    Using previous research, we examined the impact of 4 handgun laws (waiting periods, universal background checks, gun locks, and open carrying regulations) on suicide rates. We used publicly available databases to collect information on statewide laws, suicide rates, and demographic characteristics for 2013. Each law was associated with significantly lower firearm suicide rates and the proportion of suicides resulting from firearms. In addition, each law, except for that which required a waiting period, was associated with a lower overall suicide rate. Follow-up analyses showed a significant indirect effect on overall suicide rates through the proportion of suicides by firearms, indicating that the reduced overall suicide rate was attributable to fewer suicide attempts, fewer handguns in the home, suicide attempts using less lethal means, or a combination of these factors. States that implemented any of these laws saw a decreased suicide rate in subsequent years, whereas the only state that repealed 1 of these laws saw an increased suicide rate. Our results were supportive of a potentially vital role in suicide prevention for state legislation that limits access and exposure to handguns.

  14. Constitutional law and international law at the turn of the century ...

    African Journals Online (AJOL)

    In contrast to the Constitution of the United States of America, the principle of the ... The presence in a Bill of Rights of restrictive clauses, is important for its analysis. ... International law has also been instrumental in the worldwide recognition of ...

  15. Laws on Sex Discrimination in Employment. Federal Civil Rights Act, Title VII State Fair Employment Practices Laws, Executive Orders.

    Science.gov (United States)

    Women's Bureau (DOL), Washington, DC.

    This report describes the applicable laws regarding sex discrimination in employment. In addition to Federal law and two relevant Executive Orders, the report includes 21 state laws and the District of Columbia's law prohibiting discrimination based on sex. This document is a revision of ED 014 611. (BH)

  16. Teaching "United States v. Windsor": The Defense of Marriage Act and Its Constitutional Implications

    Science.gov (United States)

    Ciocchetti, Corey

    2014-01-01

    This article represents background material that can be used e along with the "United States v. Windsor" case to teach Constitutional Law (particularly federalism, due process, and equal protection) and the legal debate surrounding same-sex marriage in America. Professors may assign it as background reading before or after a…

  17. Engaging Non-State Security Providers: Whither the Rule of Law?

    Directory of Open Access Journals (Sweden)

    Timothy Donais

    2017-07-01

    Full Text Available The primacy of the rule of law has long been seen as one of the essential principles of security sector reform (SSR programming, and part of the larger gospel of SSR is that the accountability of security providers is best guaranteed by embedding security governance within a rule of law framework. Acknowledging the reality of non-state security provision, however, presents a challenge to thinking about SSR as merely the extension of the rule of law into the security realm, in large part because whatever legitimacy non-state security providers possess tends to be grounded in 'extralegal' foundations. This paper – more conceptual than empirical in its approach – considers the implications of hybrid forms of security governance for thinking about the relationship between SSR and rule of law promotion, and argues that the rule of law still provides a useful source of strategic direction for SSR programming.

  18. Irreversible thermodynamics, parabolic law and self-similar state in grain growth

    International Nuclear Information System (INIS)

    Rios, P.R.

    2004-01-01

    The formalism of the thermodynamic theory of irreversible processes is applied to grain growth to investigate the nature of the self-similar state and its corresponding parabolic law. Grain growth does not reach a steady state in the sense that the entropy production remains constant. However, the entropy production can be written as a product of two factors: a scale factor that tends to zero for long times and a scaled entropy production. It is suggested that the parabolic law and the self-similar state may be associated with the minimum of this scaled entropy production. This result implies that the parabolic law and the self-similar state have a sound irreversible thermodynamical basis

  19. [Laws on gender violence and their effect on sexism in advertising: a comparative analysis of advertisements from Argentina, Mexico, Spain and the United States].

    Science.gov (United States)

    Martín-Llaguno, Marta; Navarro-Beltrá, Marián

    2013-04-01

    The aim of this study was to assess the impact of gender violence legislation on the incidence of sexism and gender bias in advertisements published in four countries: Argentina, Mexico, Spain, and the United States. The study focused on the content of 163 advertisements: 69 from Spain, 16 from Mexico, 50 from Argentina, and 28 from the United States. Data were gathered on the presence of bodies not associated with the product being advertised, to study the stereotypical presentation of men and women and gender biases in advertisements in Argentina, Mexico, Spain, and the United States. The following stereotypical findings were observed: (i) men were shown in public places more often than women in the ads from Argentina (P = 0.000), Spain (P = 0.000), and Mexico (P = 0.011); (ii) men were shown more often than women practicing neutral professions in the ads from Argentina (P = 0.004), Spain (P = 0.000), and Mexico (P = 0.025); and (iii) men were shown more often than women as workers and users (P = 0.000) and less often than women in a parenting role (P = 0.000). With regard to biases, (i) men were given greater visibility than women in all four countries, and (ii) only in the ads from Spain were there significant differences in terms of parity, with men appearing more often in the ads than women (P = 0.014), and empowerment, with men shown making decisions more often than women; P = 0.045). Those countries with legislation aimed at using communication to prevent gender violence do not have less sexism in their advertisements. To analyze the relationships between laws, sexism, and gender violence, it would be necessary to undertake a rigorous diachronic assessment of the instruments constructed and also to compare the results with other cultural and social indicators that are often difficult to isolate.

  20. CASE-LAW ASPECTS CONCERNING THE REGULATION OF STATES OBLIGATION TO MAKE GOOD THE DAMAGE CAUSED TO INDIVIDUALS, BY INFRINGEMENTS OF EUROPEAN UNION LAW

    Directory of Open Access Journals (Sweden)

    ROXANA-MARIANA POPESCU

    2012-05-01

    Full Text Available The priority principle of EU law in relation to the internal law of the Member States, a principle enshrined by the Court of Justice case-law and the principle of direct effect allow the national court to give full effect to EU law. Breaching the EU law by Member States draws under certain conditions their responsibilty for the breach thereof. Unlike public international law, the constitutive treaties do not contain provisions relating to liability of Member States for breach of EU law. As in other cases, the Court was the one that, over time, has defined a right of redress, which has its foundation in EU law and in the conditions necessary to engage the victims' right to repair.

  1. Firearm Laws and Firearm Homicides: A Systematic Review.

    Science.gov (United States)

    Lee, Lois K; Fleegler, Eric W; Farrell, Caitlin; Avakame, Elorm; Srinivasan, Saranya; Hemenway, David; Monuteaux, Michael C

    2017-01-01

    Firearm homicide is a leading cause of injury death in the United States, and there is considerable debate over the effectiveness of firearm policies. An analysis of the effectiveness of firearm laws on firearm homicide is important to understand optimal policies to decrease firearm homicide in the United States. To evaluate the association between firearm laws and preventing firearm homicides in the United States. We evaluated peer-reviewed articles from 1970 to 2016 focusing on the association between US firearm laws and firearm homicide. We searched PubMed, CINAHL, Lexis/Nexis, Sociological Abstracts, Academic Search Premier, the Index to Legal Periodicals and Books, and the references from the assembled articles. We divided laws into 5 categories: those that (1) curb gun trafficking, (2) strengthen background checks, (3) improve child safety, (4) ban military-style assault weapons, and (5) restrict firearms in public places and leniency in firearm carrying. The articles were assessed using the standardized Guide to Community Preventive Services data collection instrument and 5 additional quality metrics: (1) appropriate data source(s) and outcome measure(s) were used for the study, (2) the time frame studied was adequate, (3) appropriate statistical tests were used, (4) the analytic results were robust, and (5) the disaggregated results of control variables were consistent with the literature. In the aggregate, stronger gun policies were associated with decreased rates of firearm homicide, even after adjusting for demographic and sociologic factors. Laws that strengthen background checks and permit-to-purchase seemed to decrease firearm homicide rates. Specific laws directed at firearm trafficking, improving child safety, or the banning of military-style assault weapons were not associated with changes in firearm homicide rates. The evidence for laws restricting guns in public places and leniency in gun carrying was mixed. The strength of firearm legislation in

  2. 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.

  3. 76 FR 71510 - Meeting of the Assembly of the Administrative Conference of the United States

    Science.gov (United States)

    2011-11-18

    ... administrative agencies, the President, Congress, and the Judicial Conference of the United States regarding the... participation and efficiency in the rulemaking process, reduce unnecessary litigation in the regulatory process, improve the use of science in the regulatory process, and improve the effectiveness of laws applicable to...

  4. State-level school competitive food and beverage laws are associated with children's weight status.

    Science.gov (United States)

    Hennessy, Erin; Oh, April; Agurs-Collins, Tanya; Chriqui, Jamie F; Mâsse, Louise C; Moser, Richard P; Perna, Frank

    2014-09-01

    This study attempted to determine whether state laws regulating low nutrient, high energy-dense foods and beverages sold outside of the reimbursable school meals program (referred to as "competitive foods") are associated with children's weight status. We use the Classification of Laws Associated with School Students (CLASS) database of state codified law(s) relevant to school nutrition. States were classified as having strong, weak, or no competitive food laws in 2005 based on strength and comprehensiveness. Parent-reported height and weight along with demographic, behavioral, family, and household characteristics were obtained from the 2007 National Survey of Children's Health. Bivariate and logistic regression analyses estimated the association between states' competitive food laws and children's overweight and obesity status (body mass index [BMI]-for-age ≥85th percentile). Children (N = 16,271) between the ages of 11-14 years with a BMI for age ≥5th percentile who attended public school were included. Children living in states with weak competitive food laws for middle schools had over a 20% higher odds of being overweight or obese than children living in states with either no or strong school competitive food laws. State-level school competitive food and beverage laws merit attention with efforts to address the childhood obesity epidemic. Attention to the specificity and requirements of these laws should also be considered. Published 2014. This article is a U.S. Government work and is in the public domain in the USA.

  5. 31 CFR 800.225 - United States.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false United States. 800.225 Section 800... TAKEOVERS BY FOREIGN PERSONS Definitions § 800.225 United States. The term United States or U.S. means the United States of America, the States of the United States, the District of Columbia, and any commonwealth...

  6. 12 CFR Appendix C to Part 230 - Effect on State Laws

    Science.gov (United States)

    2010-01-01

    ... depository institution may not make disclosures using the inconsistent term or take actions relying on the...) Inconsistent Requirements State law requirements that are inconsistent with the requirements of the act and this part are preempted to the extent of the inconsistency. A state law is inconsistent if it requires...

  7. Institutional Confidence in the United States: Attitudes of Secular Americans

    Directory of Open Access Journals (Sweden)

    Isabella Kasselstrand

    2017-04-01

    Full Text Available The First Amendment to the United States’ Constitution addresses freedom of religion and the separation of church and state. However, the historical influence of religion in laws, policies, and political representation have left secular individuals feeling excluded. At the same time, levels of confidence in social and political institutions in the United States are at an all-time low. This begs the question: Is there a relationship between secularity and confidence in various social and political institutions (e.g. the armed forces, churches, major companies, government, police, and political parties? This question is examined using data on the United States from the World Values Survey from 1995–2011. While controlling for a range of key demographics, the findings show a negative relationship between secularity and institutional confidence. More specifically, atheists and nonreligious individuals are less likely than those who are religious to have confidence in all six institutions. Based on previous literature and the empirical evidence presented in this study, we argue that overall lower levels of institutional confidence among secular Americans is an outcome of the exclusion of such individuals from American social life. Thus, it highlights the importance of addressing the stereotypes and prejudice that this minority group faces.

  8. 7 CFR 1150.106 - United States.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 9 2010-01-01 2009-01-01 true United States. 1150.106 Section 1150.106 Agriculture... Order Definitions § 1150.106 United States. United States means the 48 contiguous States in the continental United States. ...

  9. The United Kingdom Law on the authorisation of nuclear power stations

    International Nuclear Information System (INIS)

    Savinson, R.

    1977-01-01

    This paper explains the requirements of the law of the United Kingdom as to the authorisations needed to construct and operate nuclear power plants in Great Britain. For simplicity, the texts referred to apply to England and Wales, Scottish law differing in detail but not in principle. Implementation of this legal system is studied in particular from the viewpoint of the Central Electricity Generating Board (CEGB) which is at present the body exclusively responsible for generating and supplying electricity in England and Wales. (NEA) [fr

  10. Malaria Treatment (United States)

    Science.gov (United States)

    ... Providers, Emergency Consultations, and General Public. Contact Us Malaria Treatment (United States) Recommend on Facebook Tweet Share Compartir Treatment of Malaria: Guidelines For Clinicians (United States) Download PDF version ...

  11. United States natural gas markets, contracts and risks: What lessons for the European Union and Asia-Pacific natural gas markets?

    International Nuclear Information System (INIS)

    Talus, Kim

    2014-01-01

    The article examines the natural gas markets of the United States, the European Union and the Asia-Pacific region and their regulation and contractual structures. The article's main focus is on the United States natural gas markets. The European Union and Asia-Pacific markets are compared to this more developed market. By comparing the physical and ideological characteristics of, and differences between, the three main international gas markets, the article exposes the limits of regulatory and contractual transplants in this area of law and policy. Each of these markets is unique, which limits the opportunities for modelling certain market institutions on the basis of the more developed markets in the United States. This applies for both the EU and the Asia-Pacific region. - Highlights: • Differences in the physical markets impact regulation. • Regulatory transplants have risks. • The approach in energy policy should be based on “Law-in-Context” approach

  12. National legislative and regulatory activities: Armenia, Brazil, Canada, France, Georgia, Greece, India, Ireland, Japan, Lithuania, Switzerland, Ukraine, United Arab Emirates, United States

    International Nuclear Information System (INIS)

    Anon.

    2012-01-01

    , design and construction of new plants). United Arab Emirates: General legislation (Establishment of a nuclear power programme); Liability and compensation (Federal Law by Decree No. 4 of 2012, Concerning Civil Liability for Nuclear Damage). United States: Nuclear safety (Station blackout advance notice of proposed rulemaking); Emergency preparedness (Onsite emergency response capabilities advance notice of proposed rulemaking)

  13. 26 CFR 301.7505-1 - Sale of personal property acquired by the United States.

    Science.gov (United States)

    2010-04-01

    ... by the United States in payment of or as security for debts arising under the internal revenue laws... substantially higher price may be obtained, the sale may be held outside his district. (ii) Rejection of bids... any and all bids and withdraw the property from the sale. When it appears to the internal revenue...

  14. THE ADMISSION OF NEWLY CREATED STATES TO THE MEMBERSHIP OF THE UNITED NATIONS: THE CASE OF REPUBLIC OF MACEDONIA

    Directory of Open Access Journals (Sweden)

    Milorad Petreski

    2017-01-01

    Full Text Available The international law which regulates the formation, functioning and legal capacity of international organizations, and also the international law in the United Nations system, are always relevant and subject to progressive development, because the international relations are in constant dynamics. Each newly created state has one major foreign policy goal during its first years of formation or after obtaining independence – admission to the membership of the United Nations. That is because the decision of admission to the membership of the UN guarantees the country’s statehood which can no longer be questioned. The country becomes part of a global community of nations – the international community. Therefore, the present paper is a qualitative research regarding the admission of new states to the international community, and the decision-making process concerning the admission of new Member States to the UN.

  15. Utilization of Health Care Coalitions and Resiliency Forums in the United States and United Kingdom: Different Approaches to Strengthen Emergency Preparedness.

    Science.gov (United States)

    Walsh, John; Swan, Allan Graeme

    2016-02-01

    The process for developing national emergency management strategies for both the United States and the United Kingdom has led to the formulation of differing approaches to meet similar desired outcomes. Historically, the pathways for each are the result of the enactment of legislation in response to a significant event or a series of events. The resulting laws attempt to revise practices and policies leading to more effective and efficient management in preparing, responding, and mitigating all types of natural, manmade, and technological hazards. Following the turn of the 21st century, each country has experienced significant advancements in emergency management including the formation and utilization of 2 distinct models: health care coalitions in the United States and resiliency forums in the United Kingdom. Both models have evolved from circumstances and governance unique to each country. Further in-depth study of both approaches will identify strengths, weaknesses, and existing gaps to meet continued and future challenges of our respective disaster health care systems.

  16. Evolving Distributed Generation Support Mechanisms: Case Studies from United States, Germany, United Kingdom, and Australia

    Energy Technology Data Exchange (ETDEWEB)

    Lowder, Travis [National Renewable Energy Lab. (NREL), Golden, CO (United States); Zhou, Ella [National Renewable Energy Lab. (NREL), Golden, CO (United States); Tian, Tian [National Renewable Energy Lab. (NREL), Golden, CO (United States)

    2017-03-14

    This report expands on a previous National Renewable Energy Laboratory (NREL) technical report (Lowder et al. 2015) that focused on the United States' unique approach to distributed generation photovoltaics (DGPV) support policies and business models. While the focus of that report was largely historical (i.e., detailing the policies and market developments that led to the growth of DGPV in the United States), this report looks forward, narrating recent changes to laws and regulations as well as the ongoing dialogues over how to incorporate distributed generation (DG) resources onto the electric grid. This report also broadens the scope of Lowder et al. (2015) to include additional countries and technologies. DGPV and storage are the principal technologies under consideration (owing to market readiness and deployment volumes), but the report also contemplates any generation resource that is (1) on the customer side of the meter, (2) used to, at least partly, offset a host's energy consumption, and/or (3) potentially available to provide grid support (e.g., through peak shaving and load shifting, ancillary services, and other means).

  17. 45 CFR 211.5 - Action under State law; appointment of guardian.

    Science.gov (United States)

    2010-10-01

    ... 45 Public Welfare 2 2010-10-01 2010-10-01 false Action under State law; appointment of guardian... Action under State law; appointment of guardian. Whenever an eligible person is incapable of giving his... appointment of a legal guardian, to ensure the proper planning for and provision of such care and treatment. ...

  18. Evolving impact of environmental laws on cross-border power between Mexico and the United States

    International Nuclear Information System (INIS)

    Barron, J.

    2005-01-01

    There has been a growing concern among some United States (US) residents that the increasing number of merchant power plants planned for the Mexican side of the US/Mexican border could contribute to increased air pollution and the misuse of finite water resources in the border region. The case of Border Power Plant Working Group v. DOE, et al. is examined in this paper, providing a focus for a discussion of the border region's future as US merchant power producers continue to position themselves to provide electricity in California. One of the factors in the push to develop power generation on the Mexican side of the border was California's electricity crisis of 2000-2001, and plans have been drawn up to build 22 plants between Mexicali and Ciudad Juarez. A history of the Border Power Plant Working Group (BPPWG) was presented, along with details of the government's granting of permits for the power plants after environmental assessments. By suing the government BPPWG hoped to set a standard for future power plant development in the area. The lawsuit addressed the following 4 primary concerns: air emissions; emission offsets; water cooling; and wastewater discharge. BPPWG aimed to achieve the 3 following results: protective legislation in the 4 U.S. border states that would preclude the use of massive amounts of water in border power plant cooling systems; a critical area designation with pollution limits set low enough to require catalytic control systems; and an overarching annex to the La Paz Agreement that would create a formal bi-national agreement governing the above actions for both countries. A review of environmental law in both countries was presented, along with a description of the proposed plants. A complete review of the lawsuit was provided, along with eventual rulings against the BPPWG. It was concluded that the case showed that power developers had proved that although the plants would contribute to the environmental degradation of the region, the

  19. State Fragility and Structural Gender Inequality in Family Law: An Empirical Investigation

    Directory of Open Access Journals (Sweden)

    Donna Lee Bowen

    2015-10-01

    Full Text Available In this paper we examine the linkage of male-dominant family law systems and levels of nation-state security and stability. We expect such societies to be predisposed to parasitical rent-seeking and inefficiency, combined with coercive conflict resolution, resulting in higher levels of violence within the society. We demonstrate empirically that states with inequitable family law also exhibit higher levels of state fragility. Using standard indicators of state stability and security, our empirical results show that the ability to predict levels of state stability and security is significantly enhanced by examining a measure of Inequity in Family Law in addition to more conventional explanatory variables such as literacy rate, level of democracy, and civilizational influence.

  20. Report on state liability for radioactive materials transportation incidents: A survey of laws

    International Nuclear Information System (INIS)

    1989-10-01

    The purpose of this report is to provide a synopsis of the liability laws of the Southern States Energy Board's (SSEB's) 16 member states. It begins by briefly reviewing potential sources of liability, immunity from liability, waiver of immunity, and statutes of limitation, followed by liability laws of member states. The report was prepared by reviewing legal literature pertaining to governmental liability, with particular emphasis on nuclear waste transportation, including law review articles, legal treatises, technical reports, state statutes and regulations

  1. 7 CFR 65.255 - United States.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 3 2010-01-01 2010-01-01 false United States. 65.255 Section 65.255 Agriculture..., PEANUTS, AND GINSENG General Provisions Definitions § 65.255 United States. United States means the 50... United States. ...

  2. 7 CFR 1250.308 - United States.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false United States. 1250.308 Section 1250.308 Agriculture... Research and Promotion Order Definitions § 1250.308 United States. United States means the 48 contiguous States of the United States of America and the District of Columbia. ...

  3. 7 CFR 1205.23 - United States.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false United States. 1205.23 Section 1205.23 Agriculture... Procedures for Conduct of Sign-up Period Definitions § 1205.23 United States. The term United States means the 50 states of the United States of America. Procedures ...

  4. Case law

    International Nuclear Information System (INIS)

    2016-01-01

    This section treats of the following case laws: 1 - Canada: Decision of the Canadian Federal Court of Appeal dismissing an appeal related to an environmental assessment of a project to refurbish and extend the life of an Ontario nuclear power plant; 2 - Poland: Decision of the Masovian Voivod of 28 December 2015 concerning the legality of the resolution on holding a local referendum in the Commune of Rozan regarding a new radioactive waste repository (2015); 3 - United States: Commission authorises issuance of construction permit for the Shine Medical Isotope Facility in Janesville, Wisconsin; 4 - United States: Commission authorises issuance of combined licences for the South Texas Project site in Matagorda County, Texas

  5. Intuition beyond the law of the state

    Directory of Open Access Journals (Sweden)

    Stephen Connelly

    2011-04-01

    Full Text Available This article examines one aspect of the possible influence of Aristotle on Spinoza's thinking of state laws and their limitations.  In the Nicomachean Ethics, the Stagirite sets out a theory of the just city based on appropriate geometrical proportioning of justice, but then proposes the hypothesis of the most excellent man: someone so virtuous that they cannot be bound by the city's laws and so must be banished or elevated to monarch.  The article investigates how Spinoza's own conceptions of geometry and metaphysics inform his view of justice and laws in the city.  It indicates how, in continuing to posit the virtuous as someone both with a higher form of cognition of law, but who must nevertheless live in the city, Spinoza is likely to have been confronted with Aristotle's 'problem of excellence'.  The article examines Spinoza's initial and strikingly modern solution to the problem, but also indicates how Spinoza's own thinking on metaphysics and genetic geometry pushes him beyond this 'answer' in his later political work.

  6. 31 CFR 597.318 - United States.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false United States. 597.318 Section 597... General Definitions § 597.318 United States. The term United States means the United States, its territories, states, commonwealths, districts, and possessions, and all areas under the jurisdiction or...

  7. 7 CFR 1219.26 - United States.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false United States. 1219.26 Section 1219.26 Agriculture..., AND INFORMATION Hass Avocado Promotion, Research, and Information Order Definitions § 1219.26 United States. United States means collectively the several 50 States of the United States, the District of...

  8. The Obligations of States towards Refugees under International Law

    DEFF Research Database (Denmark)

    Skordas, Achilles

    The main purpose of the current study is to discuss the obligations of States towards refugees under international law, and to argue that States have obligations towards refugees regardless of the ratification of the Geneva Convention....

  9. Transgendered Prisoners in the United States: A Progression of Laws

    Directory of Open Access Journals (Sweden)

    Rudolph Alexander

    2013-11-01

    Full Text Available In 1976, prisoners acquired the right to medical treatment from the U.S. Supreme Court through the Eighth Amendment to the United States Constitution, which forbade, in part, cruel and unusual punishment. The following year, a Fourth Circuit Court of Appeals ruled that medical treatment included psychiatric or mental health treatment. These rulings applied to general prisoners, but not initially prisoners who suffered from gender identity disorder. Courts ruled then that gender identity disorder was not a serious mental disorder—a critical component of the right to medical care and mental health treatment. Later, a few appeals courts ruled that gender identity disorder was a serious mental disorder, triggering a prisoner’s right to medical care and mental health treatment for this disorder. Prisoners with gender identity disorder have litigated for sex realignment surgery as part of their treatment, which prison administrators have balked. The latest ruling unequivocally ordered the Massachusetts Department of Corrections to give a prisoner suffering from gender identity disorder sex reassignment surgery, but the prison system has appealed. This ruling, and previous rulings, has furthered policy towards transsexual prisoners.

  10. 7 CFR 1212.31 - United States.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false United States. 1212.31 Section 1212.31 Agriculture..., Consumer Education, and Industry Information Order Definitions § 1212.31 United States. “United States... territories and possessions of the United States. ...

  11. 22 CFR 120.13 - United States.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false United States. 120.13 Section 120.13 Foreign... United States. United States, when used in the geographical sense, includes the several states, the Commonwealth of Puerto Rico, the insular possessions of the United States, the District of Columbia, the...

  12. 31 CFR 592.311 - United States.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false United States. 592.311 Section 592... § 592.311 United States. The term United States, when used in the geographic sense, means the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. ...

  13. Case law

    International Nuclear Information System (INIS)

    Anon.

    1999-01-01

    This paper gives and analyses three examples of case law: decision rejecting application to close down Tomari nuclear power plant (Japan); judgement by the Supreme Administrative Court on the closing of Barsebaeck (Sweden); litigation relating to the Department of Energy's obligations under the Nuclear Waste Policy Act to accept spent nuclear fuel and high-level radioactive waste (United States). (A.L.B.)

  14. Case law

    International Nuclear Information System (INIS)

    2015-01-01

    This section treats of the two following case laws: Slovak Republic: Further developments in cases related to the challenge by Greenpeace Slovakia to the Mochovce nuclear power plant; United States: Judgment of the Nuclear Regulatory Commission denying requests from petitioners to suspend final reactor licensing decisions pending the issuance of a final determination of reasonable assurance of permanent disposal of spent fuel

  15. 7 CFR 1205.313 - United States.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false United States. 1205.313 Section 1205.313 Agriculture... Research and Promotion Order Definitions § 1205.313 United States. United States means the 50 States of the United States of America. [31 FR 16758, Dec. 31, 1966. Redesignated at 56 FR 64472, Dec. 10, 1991] ...

  16. European Criminal Law a! er the Lisbon Treaty, or Europeanization of European law, under the co-responsibility of the Member States

    Directory of Open Access Journals (Sweden)

    Arif Riza

    2016-11-01

    Full Text Available Same as EU Law, that presents a new area of law and that it is still in progress, the EU Criminal Law is developing. The development of EU criminal law, of course, is dictated by the development of European Law itself, or the EU itself. Depending on it, the EU will be a supranational structure, or will undergo changes and become a Federal State, or another unified form. Taking into consideration the importance of this area of law, which is created for cooperation among states to combat organized crime, and especially terrorism, we can have a Criminal Code European and a European code of Criminal Procedure certainly in the near future, namely, a codification of European criminal field. This paper aims to discuss the development of European criminal law, until the Treaty of Lisbon.

  17. 78 FR 75251 - Changes To Implement the Patent Law Treaty; Correction

    Science.gov (United States)

    2013-12-11

    ...-2013-0007] RIN 0651-AC85 Changes To Implement the Patent Law Treaty; Correction AGENCY: United States... Law Treaty (PLT) and provisions of the Patent Law Treaties Implementation Act of 2012 (PLTIA) that... practice in patent cases for consistency with the changes in the Patent Law Treaty (PLT) and provisions of...

  18. Appropriation System: water rights in the western United States; water pollution problems peculiar to the uranium industry

    International Nuclear Information System (INIS)

    Worcester, T.E.

    1976-01-01

    The legal framework surrounding water rights acquisition and usage in the western United States and the steps which should be taken in analyzing potential sources of water are dealt with. Some of the applicable water pollution control laws and regulations are discussed briefly

  19. 78 FR 21787 - Changes To Implement the Patent Law Treaty

    Science.gov (United States)

    2013-04-11

    ... Trademark Office 37 CFR Parts 1 and 3 Changes To Implement the Patent Law Treaty; Proposed Rule #0;#0...-0007] RIN 0651-AC85 Changes To Implement the Patent Law Treaty AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Notice of proposed rulemaking. SUMMARY: The Patent Law Treaties...

  20. 31 CFR 542.310 - United States.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false United States. 542.310 Section 542.310 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) OFFICE OF....310 United States. The term United States means the United States, its territories and possessions...

  1. 31 CFR 548.310 - United States.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false United States. 548.310 Section 548.310 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) OFFICE OF....310 United States. The term United States means the United States, its territories and possessions...

  2. 31 CFR 546.310 - United States.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false United States. 546.310 Section 546.310 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) OFFICE OF....310 United States. The term United States means the United States, its territories and possessions...

  3. 31 CFR 586.318 - United States.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false United States. 586.318 Section 586...) KOSOVO SANCTIONS REGULATIONS General Definitions § 586.318 United States. The term United States means the United States, its territories and possessions, and all areas under the jurisdiction or authority...

  4. 31 CFR 537.318 - United States.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false United States. 537.318 Section 537.318 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) OFFICE OF....318 United States. The term United States means the United States, its territories and possessions...

  5. 31 CFR 585.316 - United States.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false United States. 585.316 Section 585.316 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) OFFICE OF... General Definitions § 585.316 United States. The term United States means the United States, its...

  6. 31 CFR 575.319 - United States.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false United States. 575.319 Section 575.319 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) OFFICE OF....319 United States. The term United States means the United States, its territories and possessions...

  7. 31 CFR 539.312 - United States.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false United States. 539.312 Section 539.312 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) OFFICE OF... General Definitions § 539.312 United States. The term United States means the United States, its...

  8. 31 CFR 551.309 - United States.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false United States. 551.309 Section 551.309 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) OFFICE OF....309 United States. The term United States means the United States, its territories and possessions...

  9. 31 CFR 587.310 - United States.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false United States. 587.310 Section 587...) MILOSEVIC SANCTIONS REGULATIONS General Definitions § 587.310 United States. The term United States means the United States, its territories and possessions, and all areas under the jurisdiction or authority...

  10. 31 CFR 547.310 - United States.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false United States. 547.310 Section 547.310 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) OFFICE OF... General Definitions § 547.310 United States. The term United States means the United States, its...

  11. It is just not fair: the Endangered Species Act in the United States and Ontario

    Directory of Open Access Journals (Sweden)

    Andrea Olive

    2016-09-01

    Full Text Available The United States and the Canadian province of Ontario have enacted endangered species laws that regulate private land. The rationale for this is that the vast majority of endangered species in the two countries rely on private lands for survival. However, from a landowner perspective the law is deemed unfair. This paper presents analysis from 141 interviews with landowners in three U.S. states and Ontario. In recognition of distributive justice claims, both the U.S. government and the Ontario government have enacted programs aimed at increasing financial incentives for participation and compliance with the law. However, the law is still perceived as unfair. The central argument of this paper is that future amendments and new policies for endangered species should confront two other forms of environmental justice: procedural justice and justice-as-recognition. Landowners in both countries expressed not only concerns about compensation, but also a deep desire to be included in the protection and recovery process, as well as to be recognized by government and society as good stewards of the land. The paper concludes by stating that future policy amendments need to address justice-as-recognition if endangered species conservation on private lands is to be considered fair by landowners.

  12. 1988 changes to United States law regarding nuclear third party liability

    International Nuclear Information System (INIS)

    Cunningham, G.H.

    1989-09-01

    The Price-Anderson Amendments Act of 1988 has introduced sweeping changes into the nuclear third party liability regime in the United States. The basis principle that a single, assured source of funds for compensation of those injured by a nuclear incident, regardless of the party actually at fault, has been maintained. The amount of such funding has been increased tenfold, to more than $7 billion, with a commitment that even more will be made available by the Congress, if needed. The scope of compensable injury has been broadened to include precautionary evacuations. With respect to contractors carrying out the defense-related nuclear activities of the Government, the changes have been equally momentous. The ceiling on Government idemnification has risen to keep pace with the maximum amount of licensee liability. Provisions designed to provide greater incentive to adherence to all nuclear safety standards have been added, authorizing the imposition of substantial civil and criminal sanctions for violations

  13. 31 CFR 598.317 - United States.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false United States. 598.317 Section 598.317 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) OFFICE OF... Definitions § 598.317 United States. The term United States means the United States, its territories and...

  14. 31 CFR 596.312 - United States.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false United States. 596.312 Section 596.312 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) OFFICE OF... General Definitions § 596.312 United States. The term United States means the United States, including its...

  15. 31 CFR 538.314 - United States.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false United States. 538.314 Section 538.314 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) OFFICE OF... § 538.314 United States. The term United States means the United States, its territories and possessions...

  16. 31 CFR 543.310 - United States.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false United States. 543.310 Section 543.310 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) OFFICE OF... Definitions § 543.310 United States. The term United States means the United States, its territories and...

  17. 31 CFR 594.313 - United States.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false United States. 594.313 Section 594.313 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) OFFICE OF... Definitions § 594.313 United States. The term United States means the United States, its territories and...

  18. 31 CFR 588.310 - United States.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false United States. 588.310 Section 588.310 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) OFFICE OF... Definitions § 588.310 United States. The term United States means the United States, its territories and...

  19. 31 CFR 536.315 - United States.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false United States. 536.315 Section 536.315 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) OFFICE OF... Definitions § 536.315 United States. The term United States means the United States, its territories and...

  20. 31 CFR 544.310 - United States.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false United States. 544.310 Section 544.310 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) OFFICE OF... REGULATIONS General Definitions § 544.310 United States. The term United States means the United States, its...

  1. 31 CFR 545.313 - United States.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false United States. 545.313 Section 545.313 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) OFFICE OF... Definitions § 545.313 United States. The term United States means the United States, its territories and...

  2. 31 CFR 595.314 - United States.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false United States. 595.314 Section 595.314 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) OFFICE OF... § 595.314 United States. The term United States means the United States, its territories and possessions...

  3. 31 CFR 560.307 - United States.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false United States. 560.307 Section 560.307 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) OFFICE OF... § 560.307 United States. The term United States means the United States, including its territories and...

  4. 31 CFR 593.311 - United States.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false United States. 593.311 Section 593.311 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) OFFICE OF... REGULATIONS General Definitions § 593.311 United States. The term United States means the United States, its...

  5. 31 CFR 541.310 - United States.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false United States. 541.310 Section 541.310 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) OFFICE OF... § 541.310 United States. The term United States means the United States, its territories and possessions...

  6. 31 CFR 540.313 - United States.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false United States. 540.313 Section 540.313 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) OFFICE OF... REGULATIONS General Definitions § 540.313 United States. The term United States means the United States, its...

  7. State Administrative Legal Review on the Bill of Retraction Law of Corrupted Assets in Eradication Effort of Corruption in Indonesia

    Directory of Open Access Journals (Sweden)

    Dian Puji Simatupang

    2011-09-01

    Full Text Available Since eradicating corruption having been continously encouraged by late governments – and until now – , there would not be less important as to retracting the corrupted assets. There are many aspects to be considered in doing such action, such as manifesting the legal aspects of administrative law, and so other applied national regulations. By these regulations, such as Law No. 7 of 2006 on Ratification of United Nations Convention against Corruption, 2003 (Konvensi Perserikatan Bangsa Bangsa Anti-Korupsi, 2003, Law Number 25 of 2003 On Amendment to Law Number 15 of 2002 on Money Laundering, Act 30 of 2002 on Corruption Eradication Commission, Law Number 20 Year 2001 regarding Amendment to Law Number 31 Year 1999 on the Eradication of Corruption, and Government Regulation Number 65 of 1999 on Implementation Procedures for Examination of State Property, retraction the corrupted assets should be define in order to get known about eradicating corruption.

  8. Europeanisation of private law and English law

    OpenAIRE

    Beale, Hugh

    2003-01-01

    To what extent is English Private Law being affected by the United Kingdom’s membership of the European Union? I think we can try to answer this at three levels: (i) The United Kingdom’s compliance with EU legislation; (ii) the influence of European ideas on English Private Law; (iii) the attitude in England towards greater harmonisation or possible unification of European Private Law

  9. PRIVATE LAW EFFECTS OF THE NON-RECOGNITION OF STATES' EXISTENCE AND TERRITORIAL CHANGES

    Directory of Open Access Journals (Sweden)

    Ioan-Luca VLAD

    2015-07-01

    Full Text Available The study presents an outline of the effects in private law (including private international law of the non-recognition of a state or a change of territory. Specifically, it addresses the question of what measures can another state take, in the field of private law, in order to give effect to its policy of not recognizing a state or a territorial annexation, and, in parallel, what are the means available to private parties with links to the unrecognized state or territory. The study is structured in two parts, namely 1 the effects in private law of the non-recognition of a state; and 2 the effect in private law of the non-recognition of an annexation of territory. I will make specific references in particular to the situation in Transnistria and Crimea, as examples of the two issues being addressed. The study intends to be a guide of past and present state practice at the legislative and judicial level, as well as presenting the connections between instruments of public international law, such as Sanctions Resolutions of the UN Security Council, and normative instruments of private law, such as rules of civil procedure, which must adapt to the policy of non-recognition adopted by (or imposed on states. The study also presents specific examples of situations or administrative practices which create practical problems, and result from the existence of a non-recognized entity or change of territory: issues like air traffic coordination, postal traffic, the change in the official currency of a territory, questions of citizenship etc., the aim being to present the reader with a full picture of the issues and intricacies resulting from irregularities existing at the level of the international community of states.

  10. Seabed mining law in turmoil

    Science.gov (United States)

    Bell, Peter M.

    When it was realized last December that the United States would not sign the United Nations (U.N.) Law of the Sea Convention, it was suspected that the issue of deep seabed mining was a preeminent factor. According to a recent discussion by members of the Marine Resources Project of the University of Manchester, U.K. (New Sci., January 1983), the thinking of many national delegations was focused on the aspects of ocean-floor nodule mining. The United States would rather make less sweeping agreements, limited to those countries that already have deep-sea mining investments. Such an agreement has been made on an interim basis between the United States, France, West Germany, and the United Kingdom. Third World nations, on the other hand, have a vested interest in having the convention signed, because they would share in the profits.

  11. International Law and Military Operations

    Science.gov (United States)

    2008-01-01

    Irresponsible and 6 Craig H. Allen incompetent flag States; failing and failed States; transnational terrorist organiza- tions; criminal syndicates ...transnational criminal syndicates , and that the DIME approach is not always well suited to them. The United States already reaches well beyond the DIME...http://www. townhall.com/ columnists /frankj gaffneyjr I archive .shtml; Jeremy _Rabkin, Defeat the Law of the Sea Treaty, WASHINGTON TIMES, Nov. 13

  12. 76 FR 63984 - Disaster Declaration #12871; Disaster #ZZ-00007; The Entire United States and U.S. Territories

    Science.gov (United States)

    2011-10-14

    ... given that as a result of Public Law 106-50, the Veterans Entrepreneurship and Small Business... SMALL BUSINESS ADMINISTRATION Disaster Declaration 12871; Disaster ZZ-00007; The Entire United States and U.S. Territories AGENCY: U.S. Small Business Administration. ACTION: Notice. SUMMARY: This is...

  13. 77 FR 12354 - Meeting of the Joint Forum on Environmental Technical Cooperation Pursuant to the United States...

    Science.gov (United States)

    2012-02-29

    ... the subject line ``United States-Jordan Joint Forum Meeting.'' If you have access to the Internet, you... promote sustainable economic growth and development. The plan outlined activities to, among other things... laws through, among other things, the promotion of economic opportunities, voluntary measures to...

  14. Images of welfare in law and society: the British welfare state in comparative perspective.

    Science.gov (United States)

    Wincott, Daniel

    2011-01-01

    Designed by Beveridge and built by Attlee's post-war Labour government, the welfare state was created during the 1940s. Britain has been seen – in domestic debates and internationally – as a world first: the place where both the idea and the practice of the welfare state were invented. I draw together comparative welfare state analysis with law and society scholarship (previously largely developed in isolation from one another) – as well as using British political cartoons as a source – to develop a revisionist historical critique of this conventional wisdom. First, the British welfare state has always been comparatively parsimonious. Second, the idea of the welfare state seems to have its origins outside the United Kingdom and this terminology was adopted relatively late and with some ambivalence in public debate and scholarly analysis. Third, a large body of socio-legal scholarship shows that robust ‘welfare rights’ were never embedded in the British ‘welfare state’.

  15. 7 CFR 1206.23 - United States.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false United States. 1206.23 Section 1206.23 Agriculture... INFORMATION Mango Promotion, Research, and Information Order Definitions § 1206.23 United States. United... Rico, and the territories and possessions of the United States. ...

  16. 7 CFR 1215.20 - United States.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false United States. 1215.20 Section 1215.20 Agriculture Regulations of the Department of Agriculture (Continued) AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS... United States. United States means all of the States. Popcorn Board ...

  17. State aid in the Austrian electricity industry law

    International Nuclear Information System (INIS)

    Rehulka, J.

    2009-01-01

    The present work deals with the existence of State aid in the Austrian electricity industry and focuses on three selected areas of the Austrian legal system, which are examined for their compatibility with Community law. Subject of the first part of this work is a representation of the article 87 ff Treaty of Rome and its impact on Austrian provisions on the promotion of electricity from renewable energies or on the promotion of cogeneration energy. In this context, the first principles of the European state aid law and in particular the European Court are presented regarding the existence of State aid. Here, the Rsp of the Court in connection with the use of State resources in the Rs PreussenElektra Stardust Marine and Pearle is paid in connection with para-fiscal levies special attention. The evaluation of the Austrian support model is based on PreussenElektra, Stardust Marine and Pearle. Then the system of green electricity production in Austria represented. In addition to the Community law principles (green power directive, frameworks and guidelines for environmental aid) is here in particular the 'Oekostromgesetz' and treated it's novellas. It is an intensive discussion with the Commission's decisions on the compatibility of the green power and CHP funding and the funding of the countries with state aid rules. As part of this analysis is to attempt a classification of the Commission's practice in the Community legal system. The second part of the work deals with the determination of absorbed. System utilization rates and their distribution to the network operator. After a presentation of the Community legislation (EC regulations, the internal electricity market directives) and Rsp of the European Court of Justice (Case ADBHu, Ferring, Altmark Trans) to services of general economic interest is first attempted to determine the presence of these services in the 216 Austrian legislation. Here, the question will be, entrusted with services of general economic

  18. 78 FR 62367 - Changes To Implement the Patent Law Treaty

    Science.gov (United States)

    2013-10-21

    ... Office 37 CFR Parts 1, 3 and 11 Changes To Implement the Patent Law Treaty; Final Rule #0;#0;Federal... 0651-AC85 Changes To Implement the Patent Law Treaty AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Final rule. SUMMARY: The Patent Law Treaties Implementation Act of 2012 (PLTIA) amends...

  19. A State-by-State Analysis of Laws Dealing With Driving Under the Influence of Drugs

    Science.gov (United States)

    2009-12-01

    This study reviewed each State statute regarding drug-impaired driving as of December 2008. There : is a high degree of variability across the States in the ways they approach drug-impaired driving. : Current laws in many States contain provisions ma...

  20. 7 CFR 1280.127 - United States.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false United States. 1280.127 Section 1280.127 Agriculture... INFORMATION ORDER Lamb Promotion, Research, and Information Order Definitions § 1280.127 United States. United States means collectively the 50 States and the District of Columbia. ...

  1. Use of tobacco tax stamps to prevent and reduce illicit tobacco trade--United States, 2014.

    Science.gov (United States)

    Chriqui, Jamie; DeLong, Hillary; Gourdet, Camille; Chaloupka, Frank; Edwards, Sarah Matthes; Xu, Xin; Promoff, Gabbi

    2015-05-29

    Tobacco use is the leading cause of preventable disease and death in the United States. Increasing the unit price on tobacco products is the most effective tobacco prevention and control measure. Illicit tobacco trade (illicit trade) undermines high tobacco prices by providing tobacco users with cheaper-priced alternatives. In the United States, illicit trade primarily occurs when cigarettes are bought from states, jurisdictions, and federal reservation land with lower or no excise taxes, and sold in jurisdictions with higher taxes. Applying tax stamps to tobacco products, which provides documentation that taxes have been paid, is an important tool to combat illicit trade. Comprehensive tax stamping policy, which includes using digital, encrypted ("high-tech") stamps, applying stamps to all tobacco products, and working with tribes on stamping agreements, can further prevent and reduce illicit trade. This report describes state laws governing tax stamps on cigarettes, little cigars (cigarette-sized cigars), roll-your-own tobacco (RYOT), and tribal tobacco sales across the United States as of January 1, 2014, and assesses the extent of comprehensive tobacco tax stamping in the United States. Forty-four states (including the District of Columbia [DC]) applied traditional paper ("low-tech") tax stamps to cigarettes, whereas four authorized more effective high-tech stamps. Six states explicitly required stamps on other tobacco products (i.e., tobacco products other than cigarettes), and in approximately one third of states with tribal lands, tribes required tax stamping to address illicit purchases by nonmembers. No U.S. state had a comprehensive approach to tobacco tax stamping. Enhancing tobacco tax stamping across the country might further prevent and reduce illicit trade in the United States.

  2. 78 FR 29318 - Notice of Public Meeting of the Assembly of the Administrative Conference of the United States

    Science.gov (United States)

    2013-05-20

    ... United States makes recommendations to administrative agencies, the President, Congress, and the Judicial... improve the adjudication process for Social Security disability claims at the administrative law judge... benefit-cost analyses that accompany proposed and final rules. Science in the Administrative Process. This...

  3. The Connections among Immigration, Nation Building, and Adult Education English as a Second Language Instruction in the United States

    Science.gov (United States)

    Ullman, Char

    2010-01-01

    Since its inception at the turn of the last century, adult education English as a Second Language (ESL) instruction in the United States has been entwined with immigration processes and ideas of the nation. In spite of current uncertainty about the overhauling of federal immigration policy, increasingly anti-immigrant laws in states such as…

  4. 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.

  5. Minors' rights to consent to treatment: navigating the complexity of State laws.

    Science.gov (United States)

    Vukadinovich, David M

    2004-01-01

    State laws recognize that a competent adult patient has the right to consent to or refuse medical treatment. While the law is clear with regard to the right of competent adults, state statutes are more complicated when the patient is a minor. While the law should, and does, attempt to balance the rights and obligations of parents and guardians against the access and privacy rights of minors, complicated state statutory schemes often fail to simultaneously address those contrasting goals in a consistent and uniform manner. The result is a confusing set of seemingly arbitrary and sometimes conflicting provisions that require the detailed attention of healthcare providers to ensure legal compliance. With the aim of helping healthcare practitioners meet their legal obligations, this Article examines state laws governing minor's consent rights byfocusing on the instances in which a minor's parent, guardian, or other authorized adult is permitted to consent to treatment on behalf of a minor and the instances in which a minor is authorized to act independent of adult intervention.

  6. Impacts of Changing Marijuana Policies on Alcohol Use in the United States

    Science.gov (United States)

    Guttmannova, Katarina; Lee, Christine M.; Kilmer, Jason R.; Fleming, Charles B.; Rhew, Isaac C.; Kosterman, Rick; Larimer, Mary E.

    2015-01-01

    Background Marijuana policies are rapidly evolving. In the United States, recreational use of marijuana is now legal in four states and medical marijuana is legal in 23 states. Research evaluating such policies has focused primarily on how policies affect issues of price, access to, use, and consequences of marijuana. Due to potential spillover effects, researchers also need to examine how marijuana policies may impact use and consequences of alcohol. Methods The current paper is a critical review of articles evaluating alcohol outcomes associated with marijuana decriminalization, medical marijuana legalization, and non-medical or recreational marijuana legalization. We identified articles and reports through (1) online searches of EBSCO host database including Academic search premier, Econlit, Legal collection, Medline, Psych articles, and PsycINFO, as well as PubMed and Google Scholar databases; (2) review of additional articles cited in papers identified through electronic searches; and (3) targeted searches of state and local government records regarding marijuana law implementation. We reviewed studies with respect to their data sources and sample characteristics, methodology, and the margin of alcohol and marijuana use, timing of policy change, and the aspects of laws examined. Results The extant literature provides some evidence for both substitution (i.e., more liberal marijuana policies related to less alcohol use as marijuana becomes a substitute) and complementary (i.e., more liberal marijuana policies related to increases in both marijuana and alcohol use) relationships in the context of liberalization of marijuana policies in the United States. Conclusions Impact of more liberal marijuana policies on alcohol use is complex, and likely depends on specific aspects of policy implementation, including how long the policy has been in place. Further, evaluation of marijuana policy effects on alcohol use may be sensitive to the age group studied and the

  7. The Importance of Comparative Law in Legal Education: United States Goals and Methods of Legal Comparison

    Science.gov (United States)

    Ault, Hugh J.; Glendon, Mary Ann

    1976-01-01

    Discusses the rationale for teaching comparative law and describes techniques and results of experiments with two kinds of courses at Boston College Law School: (1) Comparative Legal Analysis, a perspective course, and (2) integration of comparative law as another dimension into courses in a particular subject matter area. (JT)

  8. 7 CFR 1260.108 - United States.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false United States. 1260.108 Section 1260.108 Agriculture Regulations of the Department of Agriculture (Continued) AGRICULTURAL MARKETING SERVICE (MARKETING AGREEMENTS... Promotion and Research Order Definitions § 1260.108 United States. United States means the 50 States and the...

  9. 7 CFR 1221.32 - United States.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false United States. 1221.32 Section 1221.32 Agriculture... INFORMATION ORDER Sorghum Promotion, Research, and Information Order Definitions § 1221.32 United States. United States or U.S. means collectively the 50 States, the District of Columbia, the Commonwealth of...

  10. 7 CFR 1216.30 - United States.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false United States. 1216.30 Section 1216.30 Agriculture... INFORMATION ORDER Peanut Promotion, Research, and Information Order Definitions § 1216.30 United States. United States means collectively the 50 states, the District of Columbia, the Commonwealth of Puerto Rico...

  11. 7 CFR 1218.22 - United States.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false United States. 1218.22 Section 1218.22 Agriculture... INFORMATION ORDER Blueberry Promotion, Research, and Information Order Definitions § 1218.22 United States. United States means collectively the 50 states, the District of Columbia, the Commonwealth of Puerto Rico...

  12. Radioactive waste management: a summary of state laws and adminstration. Revision 4

    International Nuclear Information System (INIS)

    1984-06-01

    This is the fourth update of Radioactive Waste Management: a summary of State Laws and Administration. It completely replaces the third update (January 15, 1984). The updated report covers the administration, the legislature and the laws in the 50 states related to radioactive waste. The report for each state is divided into four sections: cover page; administrative; legislative; and applicable legislation. In general, the information in this report is accurate as of April 30, 1984

  13. 48 CFR 52.233-4 - Applicable Law for Breach of Contract Claim.

    Science.gov (United States)

    2010-10-01

    ... Provisions and Clauses 52.233-4 Applicable Law for Breach of Contract Claim. As prescribed in 33.215(b), insert the following clause: Applicable Law for Breach of Contract Claim (OCT 2004) United States law... 48 Federal Acquisition Regulations System 2 2010-10-01 2010-10-01 false Applicable Law for Breach...

  14. Decision-making authority and substance abuse treatment for adolescents: a survey of state laws.

    Science.gov (United States)

    Lallemont, Tori; Mastroianni, Anna; Wickizer, Thomas M

    2009-04-01

    State laws concerning decision-making authority for voluntary inpatient substance abuse (SA) treatment of minors may be a potential barrier to appropriate treatment. We sought to identify and classify relevant laws related to the provision of voluntary inpatient SA treatment to adolescents 12 to 17 years (minors) as an exploratory assessment to improve understanding of how these laws might affect treatment decisions. In summer 2006, we conducted a survey of statutes, regulations, and legal cases in the 50 states and the District of Columbia regarding the authority of parents (or guardians) and minors to make treatment decisions for voluntary inpatient SA treatment. All 50 states have laws applicable to voluntary inpatient SA treatment for adolescents, and the laws vary significantly throughout the nation. If a minor and parent disagree about SA treatment, some states defer to the decision-making authority of the minor, whereas other states defer to the parent. Most significantly, the majority of states fail to specify whether the minor's or the parent's decision will control in the event of a conflict. The lack of clarity in state laws regarding decision-making authority for voluntary inpatient SA treatment of minors may create a potential barrier to treatment for adolescents, especially those with more serious SA problems. This lack of clarity could lead to confusion among parents, adolescents, healthcare professionals, and treatment facilities, and ultimately could result in a failure to treat adolescents in need of medical attention. Policymakers should ensure that state laws clearly specify procedures to enable treatment if a conflict arises between adolescents and parents, including procedures to ensure that the due process rights of adolescents are protected.

  15. 7 CFR 1210.315 - United States.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false United States. 1210.315 Section 1210.315 Agriculture... PLAN Watermelon Research and Promotion Plan Definitions § 1210.315 United States. United States means each of the several States and the District of Columbia. [60 FR 10797, Feb. 28, 1995] National...

  16. Democratic discussion in newspaper reporting of the Australia-United States Free Trade Agreement.

    Science.gov (United States)

    Sykes, Robbie

    2008-10-01

    This article presents a Habermasian analysis of newspaper reporting of the debate surrounding the effect of the Australia-United States Free Trade Agreement (the FTA) on access to medicines through Australian patent law. Habermas's concept of the public sphere is utilised in determining whether discussion within the print media adequately conveyed complex legal issues to the public and facilitated democratic discussion. It was found that newspaper reporting generally failed to meet this standard.

  17. A Content Analysis of Protective Factors within States' Antibullying Laws

    Science.gov (United States)

    Weaver, Lori M.; Brown, James R.; Weddle, Daniel B.; Aalsma, Matthew C.

    2013-01-01

    State lawmakers have responded to school bullying by crafting antibullying legislation. By July 2011, 47 states enacted such laws, though varied widely in content and scope. This study systematically evaluated each state's antibullying legislation by focusing on the inclusion of individual, parental, and systemic protective factors through…

  18. State laws restricting driver use of mobile communications devices distracted-driving provisions, 1992-2010.

    Science.gov (United States)

    Ibrahim, Jennifer K; Anderson, Evan D; Burris, Scott C; Wagenaar, Alexander C

    2011-06-01

    State laws limiting the use of mobile communications devices (MCDs) by drivers are being enacted at an accelerating pace. Public health law research is needed to test various legislative models and guide future legal innovation. To define the current state of the law, facilitate new multi-state evaluations, and demonstrate the utility of systematic, scientific legal research methods to improve public health services research. Westlaw and Lexis-Nexis were used to create a 50-state, open-source data set of laws restricting the use of any form of MCD while operating a motor vehicle that were in effect between January 1, 1992, and November 1, 2010. Using an iterative process, the search protocol included the following terms: cellphone, cell phone, cellular phone, wireless telephone, mobile telephone, text, hands-free, cell! and text! The text and citations of each law were collected and coded across 22 variables, and a protocol and code book were developed to facilitate future public use of the data set. Thirty-nine states and the District of Columbia have at least one form of restriction on the use of MCDs in effect. The laws vary in the types of communication activities and categories of driver regulated, as well as enforcement mechanisms and punishments. No state completely bans use of MCDs by all drivers. State distracted-driving policy is diverging from evidence on the risks of MCD use by drivers. An updatable data set of laws is now available to researchers conducting multistate evaluations of the impact of laws regulating MCDs by drivers. If this data set is shown to be useful for this public health problem, similar rigorously developed and regularly updated data sets might be developed for other public health issues that are subject to legislative interventions. Copyright © 2011 American Journal of Preventive Medicine. Published by Elsevier Inc. All rights reserved.

  19. Lawful Permanent Residents Fiscal Year 2014 Country

    Data.gov (United States)

    Department of Homeland Security — Lawful permanent residents (LPRs) are foreign nationals who have been granted the right to reside permanently in the United States. LPRs are also known as 'permanent...

  20. Lawful Permanent Residents Fiscal Year 2015 Country

    Data.gov (United States)

    Department of Homeland Security — Lawful permanent residents (LPRs) are foreign nationals who have been granted the right to reside permanently in the United States. LPRs are also known as 'permanent...

  1. Lawful Permanent Residents Fiscal Year 2011 Country

    Data.gov (United States)

    Department of Homeland Security — Lawful permanet residents (LPRs) are foreign nationals who have been gratned the right to reside permanently in the United States. LPRs are also known as 'permanent...

  2. Drug Per Se Laws: A Review of their Use in States

    Science.gov (United States)

    2010-07-01

    This report summarizes a study of the implementation of drug per se laws in 15 States. These laws generally make it an : impaired-driving offense to drive with a measurable amount of certain drugs in ones system. The specific prohibited : drugs va...

  3. 75 FR 504 - U.S. Department of State Advisory Committee on Private International Law: Organization of...

    Science.gov (United States)

    2010-01-05

    ... on consumer rights as part of its program on private international law. Three proposals have been put... DEPARTMENT OF STATE [Public Notice 6255] U.S. Department of State Advisory Committee on Private International Law: Organization of American States (OAS) Specialized Conference on Private International Law...

  4. Effectiveness of media and enforcement campaigns in increasing seat belt usage rates in a state with a secondary seat belt law.

    Science.gov (United States)

    Vasudevan, Vinod; Nambisan, Shashi S; Singh, Ashok K; Pearl, Traci

    2009-08-01

    In 2005, in terms of seat belt usage rates, Nevada ranked third nationally and first among states with secondary seat belt use enforcement laws in the United States. An effective combination of a media-based education and enforcement campaign helped in this regard. The objective of this article is to document the effectiveness of enforcement and media-based education and outreach campaigns on the seat belt usage rates in Nevada, a state with a secondary seat belt usage law. Observational data on seat belt usage and passenger fatality data are used to evaluate the effectiveness of enforcement campaigns and media-based education and outreach campaigns. Data based on observations of about 40,000 vehicles in each of the years 2003 to 2005 were analyzed. Statistical analyses show that a significant increase in seat belt usage rates among both drivers and passengers for both genders resulted from the accompanying the media and enforcement campaigns. The results from this study indicate that effective and well-planned media/enforcement campaigns can have a significant impact on seat belt usage rates even in a state where the enforcement of seat belt laws can only be as a secondary violation. They validate and expand on findings from other efforts documented in the literature. These results demonstrate that, if coordinated properly, media and enforcement campaigns work very effectively in increasing seat belt usage rates even in states with secondary seat belt laws.

  5. Living in the United States. A Brief Introduction to the Culture for Visitors, Students and Business Travelers.

    Science.gov (United States)

    Hawkinson, Anni; Clark, Raymond C.

    The guide provides a brief introduction to the culture and language of the United States, and is designed for visitors, students, and business travelers. It offers practical information on various aspects of daily living, including: money and banks; food; restaurants; drinking and smoking laws; hotels; postal and telecommunications services;…

  6. The problem of nuclear wastes. A possible point of conflict between Mexico and the United States

    International Nuclear Information System (INIS)

    Rosas Poblano, A.

    1993-01-01

    The objectives of this research were: a) To analyse the problem of nuclear wastes, and the importance of their safe handling; b) To investigate the best and safest technologies for the treatment of radioactive wastes and two relevant international laws or regulations; c) To study whether the wastes produced in the United States represent an environmental problem for Mexico

  7. The Thaw:How Mexico and The United States Thawed Their Cold Peace And What Comes Next

    Science.gov (United States)

    2014-04-01

    maintain a Cold Peace--so-called because it constituted a sustained state of political and military distancing between two powers.2 Over time, though...border in an effort to stem the flow of arms, impose order, and enforce neutrality laws .”14 Yet soon enough, the new administration of U.S. President...engagement with the United States, the implementation of the North American Free Trade Agreement ( NAFTA ) in 1994 was a watershed event, marking a decisive

  8. An Analysis of the Massachusetts Healthcare Law.

    Science.gov (United States)

    Stephens, James H; Ledlow, Gerald R; Sach, Michael V; Reagan, Julie K

    2017-01-01

    Healthcare in the United States has been one topic of the debates and discussion in the country for many years. The challenge for affordable, accessible, and quality healthcare for most Americans has been on the agenda of federal and state legislatures. There is probably no other state that has drawn as much individual attention regarding this challenge as the state of Massachusetts. While researching the topic for this article, it was discovered that financial and political perspectives on the success or failure of the healthcare model in Massachusetts vary depending on the aspect of the system being discussed. In this article the authors give a brief history and description of the Massachusetts Healthcare Law, explanation of how the law is financed, identification of the targeted populations in Massachusetts for which the law provides coverage, demonstration of the actual benefit coverage provided by the law, and review of the impact of the law on healthcare providers such as physicians and hospitals. In addition, there are explanations about the impact of the law on health insurance companies, discussion of changes in healthcare premiums, explanation of costs to the state for the new program, reviews of the impact on the health of the insured, and finally, projections on the changes that healthcare facilities will need to make to maintain fiscal viability as a result of this program.

  9. A Comprehensive Review of State Laws Governing Internet and Other Delivery Sales of Cigarettes in the USA

    Science.gov (United States)

    Chriqui, Jamie F.; Ribisl, Kurt M.; Wallace, Raedell M.; Williams, Rebecca S.; O’Connor, Jean C.; el Arculli, Regina

    2014-01-01

    All U.S. states regulate face-to-face tobacco sales at retail outlets. However, the recent growth of delivery sales of tobacco products by Internet and mail order vendors has prompted new state regulations focused on preventing youth access and tax evasion. To date, there are no comprehensive and systematic analyses of these laws. The objectives of this study were to: (1) document the historical enactment of the laws; (2) assess the nature and extent of the laws; and (3) conduct preliminary analyses to examine the relationship between states with laws and other factors that might predict enactment of or be impacted by these laws. Between 1995 and 2006, thirty-four states (67%) enacted a relevant law, with 23 states’ laws (45%) enacted between 2003 and 2006. Four states banned direct-to-consumer shipment of cigarettes. The remaining 30 states’ laws included a combination of requirements addressing minimum age/ID, payment issues, shipping, vendor licensure and related issues, tax collection/remittance, and penalties/enforcement. States with delivery sales laws also have stronger state excise tax rates, youth access to tobacco policies, and state tobacco control environments as well as higher cigarette excise tax revenue, past month cigarette use rates, and perceptions of risk of use by adolescents. This paper provides the policy context for understanding Internet and other cigarette delivery sales laws in the U.S. It also provides a systematic framework for ongoing policy surveillance and will contribute to future analyses of the impact of these laws on successfully reducing youth access to cigarettes and preventing tax evasion. PMID:18236290

  10. Medical experiments on persons with special needs, a comparative study of Islamic jurisprudence vs. Arab laws: UAE law as case study.

    Science.gov (United States)

    Hammad, Hamza Abed Al-Karim

    2014-01-01

    This article is a comparative study of medical experiments on persons with special needs in Islamic jurisprudence and Arab laws; United Arab Emirates (UAE) law as case study. The current study adopts a comparative analytical and descriptive approach. The conclusion of this study points out that the Convention on the Rights of Persons with Special Needs, ratified by a number of Arab States, including the United Arab Emirates, approves conducting medical experiments on persons with special needs, subject to their free consent. As a result of ratifying this Convention, a number of special laws were enacted to be enforced in the United Arab Emirates. On the other hand, this issue is controversial from an Islamic jurisprudence point of view. One group of jurisprudents permits conducting these experimentations if they are designed to treat the person involved, and prohibits such experimentations for scientific advancement. Other jurisprudents permit conducting medical experimentations on persons with special needs, whether the purpose of such experimentations is treatment of the disabled or achieving scientific advancement. The opinion of this group is consistent with the International Convention and the Arab laws in this respect. However, neither the Convention nor the Arab laws regulate this matter by specific and comprehensive conditions, as addressed by some contemporary scholars. It is recommended that the Convention and the Arab laws adopt these conditions. Additionally, the Convention does not state whether the experimentations may be conducted for the interest of the person with disability or for the purpose of scientific advancement. The text of the Convention is unclear and therefore requires further illumination.

  11. Toll Facilities in the United States - Toll Facilities in the United States

    Data.gov (United States)

    Department of Transportation — Biennial report containing selected information on toll facilities in the United States that has been provided to FHWA by the States and/or various toll authorities...

  12. Reinventing primary care: lessons from Canada for the United States.

    Science.gov (United States)

    Starfield, Barbara

    2010-05-01

    Canada is, in many respects, culturally and economically similar to the United States, and until relatively recently, the two countries had similar health systems. However, since passage of the Canada Health Act in the 1970s, that nation's health statistics have become increasingly superior. Although the costs of Canada's health system are high by international standards, they are much lower than U.S. costs. This paper describes several factors likely to be responsible for Canada's better health at lower cost: universal financial coverage through a so-called single payer; features conducive to a strong primary care infrastructure; and provincial autonomy under general principles set by national law.

  13. Professor Eleanor Fox New York University School of Law

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

    dzavalamora

    The Global Administrative Law project. ▣ Our sample jurisdictions. ▫ Mature. · United States. · Canada. · Australia/New Zealand. · European Union. · Japan. ▫ Newer and evolving: China, Chile, South Africa. ▫ International. ▣ The norms. ▫ E.g. Rule of law, predictability, timeliness, expertise, transparency, reason-giving, right ...

  14. Blinking in quantum dots: The origin of the grey state and power law statistics

    Science.gov (United States)

    Ye, Mao; Searson, Peter C.

    2011-09-01

    Quantum dot (QD) blinking is characterized by switching between an “on” state and an “off” state, and a power-law distribution of on and off times with exponents from 1.0 to 2.0. The origin of blinking behavior in QDs, however, has remained a mystery. Here we describe an energy-band model for QDs that captures the full range of blinking behavior reported in the literature and provides new insight into features such as the gray state, the power-law distribution of on and off times, and the power-law exponents.

  15. Amid Downturn, Law Students Give Aggrieved Investors a Day in Court

    Science.gov (United States)

    Mangan, Katherine

    2009-01-01

    The University of San Francisco School of Law is one of at least a dozen law schools in the United States where students represent small investors facing big headaches, often because their brokers were more interested in maximizing their own commissions than in giving sound advice. Supervised by law professors, teams of students file motions,…

  16. Five-year interim report of the United States-Mexico Transboundary Aquifer Assessment Program: 2007--2012

    Science.gov (United States)

    Alley, William M.

    2013-01-01

    Transboundary aquifers are an essential, and in many cases, singular source of water for United States – Mexico border communities, particularly in arid regions. Declining water levels, deteriorating water quality, and increasing use of groundwater resources by municipal, industrial, and agricultural water users on both sides of the international border have raised concerns about the long-term availability of this supply. Water quantity and quality are determining and limiting factors that ultimately control agriculture, future economic development, population growth, human health, and ecological conditions along the border. Knowledge about the extent, depletion rates, and quality of transboundary aquifers, however, is limited and, in some areas, completely absent. The U.S. – Mexico Transboundary Aquifer Assessment Act (Public Law 109-448), referred to in this report as “the Act,” was signed into law by the President of the United States on December 22, 2006, to conduct binational scientific research to systematically assess priority transboundary aquifers and to address water information needs of border communities. The Act authorizes the Secretary of the Interior, through the U.S. Geological Survey (USGS), to collaborate with the States of Arizona, New Mexico, and Texas through their Water Resources Research Institutes (WRRIs) and with the International Boundary and Water Commission (IBWC), stakeholders, and Mexican counterparts to provide new information and a scientific foundation for State and local officials to address pressing water-resource challenges along the U.S. – Mexico border.

  17. Western United States Dams Challenges Faced, Options, and Opportunities

    Science.gov (United States)

    Raff, D.

    2017-12-01

    Water management in the Western United States relies significantly upon a fleet of small to very large engineered dams to store water during times of runoff and distribute that water during times of need. Much of this infrastructure is Federally owned and/or operated, and was designed and funded during the first half of the twentieth century through a complex set of repayment contracts for Federally authorized purposes addressing water supply, recreation, and hydropower, and other water management objectives. With environmental laws, namely the Endangered Species Act, and other environmental concerns taking a more active role in water resources in the mid to latter half of the twentieth century, this infrastructure is being stressed even greater than anticipated to provide authorized purposes. Additionally, weather and climate norms being experienced are certainly near the edges, if not outside, of anticipated variability in the climate and hydrology scenarios for which the infrastructure was designed. And, finally, these dams, economically designed for a lifespan of 50 - 100 years, are experiencing maintenance challenges from routine to significant. This presentation will focus on identifying some of the history and challenges facing the water infrastructure in the Western United States. Additionally, some perspectives on future paths to meet the needs of western irrigation and hydropower production will be provided.

  18. Oil Vulnerabilities and United States Strategy

    Science.gov (United States)

    2007-02-08

    Mazda, Mercedes - Benz , Ford, Mercury, and Nissan offer flexible fuel vehicles in the United States. Ethanol is currently produced in the United States...USAWC STRATEGY RESEARCH PROJECT OIL VULNERABILITIES AND UNITED STATES STRATEGY by Colonel Shawn P. Walsh...Colleges and Schools, 3624 Market Street, Philadelphia, PA 19104, (215) 662-5606. The Commission on Higher Education is an institutional accrediting

  19. China and the United Nations Convention on the Law of the Sea: Operational Challenges

    National Research Council Canada - National Science Library

    Vincent, Steven D

    2005-01-01

    ...), and has made maritime claims citing historic waters. China asserts that these actions are consistent with the provisions of the United Nations Convention On The Law Of the Sea (UNCLOS) Treaty...

  20. The Ties that Bind: Race and Restitution in Education Law and Policy in South Africa and the United States of America

    Science.gov (United States)

    Jansen, Jonathan D.

    2006-01-01

    The parallels between South Africa and the United States run deep. For the United States, that moment of transition, at least as far as education is concerned, was the landmark ruling of 1954, described in the shorthand, "Brown v. Board of Education"; for South Africa, that moment came 40 years later when every citizen could, for the…

  1. 24 CFR 3500.13 - Relation to State laws.

    Science.gov (United States)

    2010-04-01

    .... (1) The Secretary may not determine that a State law or regulation is inconsistent with any provision... affiliated business arrangements are inconsistent with RESPA or this part, the Secretary may not construe... that are inconsistent with RESPA or this part are preempted to the extent of the inconsistency. However...

  2. 31 CFR 596.313 - United States person.

    Science.gov (United States)

    2010-07-01

    ... FOREIGN ASSETS CONTROL, DEPARTMENT OF THE TREASURY TERRORISM LIST GOVERNMENTS SANCTIONS REGULATIONS General Definitions § 596.313 United States person. The term United States person means any United States...

  3. State Security Breach Response Laws: State-by-State Summary Table. Using Data to Improve Education: A Legal Reference Guide to Protecting Student Privacy and Data Security

    Science.gov (United States)

    Data Quality Campaign, 2011

    2011-01-01

    Under security breach response laws, businesses--and sometimes state and governmental agencies--are required to inform individuals when the security, confidentiality or integrity of their personal information has been compromised. This resource provides a state-by-state analysis of security breach response laws. [The Data Quality Campaign has…

  4. A switched state feedback law for the stabilization of LTI systems.

    Energy Technology Data Exchange (ETDEWEB)

    Santarelli, Keith R.

    2009-09-01

    Inspired by prior work in the design of switched feedback controllers for second order systems, we develop a switched state feedback control law for the stabilization of LTI systems of arbitrary dimension. The control law operates by switching between two static gain vectors in such a way that the state trajectory is driven onto a stable n - 1 dimensional hyperplane (where n represents the system dimension). We begin by briefly examining relevant geometric properties of the phase portraits in the case of two-dimensional systems to develop intuition, and we then show how these geometric properties can be expressed as algebraic constraints on the switched vector fields that are applicable to LTI systems of arbitrary dimension. We then derive necessary and sufficient conditions to ensure stabilizability of the resulting switched system (characterized primarily by simple conditions on eigenvalues), and describe an explicit procedure for designing stabilizing controllers. We then show how the newly developed control law can be applied to the problem of minimizing the maximal Lyapunov exponent of the corresponding closed-loop state trajectories, and we illustrate the closed-loop transient performance of these switched state feedback controllers via multiple examples.

  5. Nuclear development in the United States

    International Nuclear Information System (INIS)

    Brewer, S.

    1983-01-01

    The history of the nuclear development in the United States has been one of international cooperation relations so far. The United States is to offer the technical information on atomic energy utilization to foreign countries in exchange for the guarantee that they never attempt to have or develop nuclear weapons. Actually, the United States has supplied the technologies on nuclear fuel cycle and other related fields to enable other countries to achieve economical and social progress. The Department of Energy clarified the public promise of the United States regarding the idea of international energy community. The ratio of nuclear power generation to total electric power supply in the United States exceeded 12%, and will exceed 20% by 1990. Since 1978, new nuclear power station has not been ordered, and some of the contracted power stations were canceled. The atomic energy industry in the United States prospered at the beginning of 1970s, but lost the spirit now, mainly due to the institutional problems rather than the technical ones. As the policy of the government to eliminate the obstacles, the improvement of the procedure for the permission and approval, the establishment of waste disposal capability, the verification of fast breeder reactor technology and the promotion of commercial fuel reprocessing were proposed. The re-establishment of the United States as the reliable supplier of atomic energy service is the final aim. (Kako, I.)

  6. Beyond Invention: Patent as Knowledge Law

    OpenAIRE

    Madison, Michael

    2017-01-01

    The decision of the Supreme Court of the United States in Bilski v. Kappos, concerning the legal standard for determining patentable subject matter under the American Patent Act, is used as a starting point for a brief review of historical, philosophical, and cultural influences on subject matter questions in both patent and copyright law. The article suggests that patent and copyright law jurisprudence was constructed initially by the Court with explicit attention to the relationship between...

  7. 78 FR 70274 - United States Travel and Tourism Advisory Board: Meeting of the United States Travel and Tourism...

    Science.gov (United States)

    2013-11-25

    ... DEPARTMENT OF COMMERCE International Trade Administration United States Travel and Tourism Advisory Board: Meeting of the United States Travel and Tourism Advisory Board AGENCY: International Trade... the schedule and agenda for an open meeting of the United States Travel and Tourism Advisory Board...

  8. 78 FR 3398 - United States Travel and Tourism Advisory Board: Meeting of the United States Travel and Tourism...

    Science.gov (United States)

    2013-01-16

    ... DEPARTMENT OF COMMERCE International Trade Administration United States Travel and Tourism Advisory Board: Meeting of the United States Travel and Tourism Advisory Board AGENCY: International Trade... the schedule and agenda for an open meeting of the United States Travel and Tourism Advisory Board...

  9. Case law

    International Nuclear Information System (INIS)

    Anon.

    2002-01-01

    Several judgements are carried: Supreme Administrative Court Judgement rejecting an application to prevent construction of a new nuclear power plant (Finland); judgement of the Council of State specifying the law applicable to storage facilities for depleted uranium (France); Supreme Court Decision overturning for foreign spent fuel (Russian federation); Court of Appeal Judgement on government decision to allow the start up of a MOX fuel plant ( United Kingdom); judgement on lawfulness of authorizations granted by the Environment Agency: Marchiori v. the Environment Agency; (U.K.); Kennedy v. Southern California Edison Co. (U.S.A); Judgement concerning Ireland ' s application to prevent operation of BNFL ' s MOX facility at Sellafield: Ireland v. United Kingdom; At the European Court of Human Rights Balmer-Schafroth and others have complained v. Switzerland. Parliamentary decision rescinding the shutdown date for Barseback - 2 (Sweden); Decision of the International trade Commission regarding imposition of countervailing and anti-dumping duties on imports of low enriched uranium from the European Union, Yucca Mountain site recommendation (USA). (N.C.)

  10. Falling short: how state laws can address health information exchange barriers and enablers.

    Science.gov (United States)

    Schmit, Cason D; Wetter, Sarah A; Kash, Bita A

    2018-06-01

    Research on the implementation of health information exchange (HIE) organizations has identified both positive and negative effects of laws relating to governance, incentives, mandates, sustainability, stakeholder participation, patient engagement, privacy, confidentiality, and security. We fill a substantial research gap by describing whether comprehensive state and territorial HIE legal frameworks address identified legal facilitators and barriers. We used the Westlaw database to identify state and territorial laws relating to HIEs in effect on June 7, 2016 (53 jurisdictions). We blind-coded all laws and addressed coding discrepancies in peer-review meetings. We recorded a consensus code for each law in a master database. We compared 20 HIE legal attributes with identified barriers to and enablers of HIE activity in the literature. Forty-two states, the District of Columbia, and 2 territories have laws relating to HIEs. On average, jurisdictions address 8.32 of the 20 criteria selected in statutes and regulations. Twenty jurisdictions unambiguously address ≤5 criteria in statutes and regulations. None of the significant legal criteria are unambiguously addressed in >60% of the 53 jurisdictions. Laws can be barriers to or enablers of HIEs. However, jurisdictions are not addressing many significant issues identified by researchers. Consequently, there is a substantial risk that existing legal frameworks are not adequately supporting HIEs. The current evidence base is insufficient for comparative assessments or impact rankings of the various factors. However, the detailed Centers for Disease Control and Prevention dataset of HIE laws could enable investigations into the types of laws that promote or impede HIEs.

  11. Evolving Distributed Generation Support Mechanisms: Case Studies from United States, Germany, United Kingdom, and Australia (Chinese translation)

    Energy Technology Data Exchange (ETDEWEB)

    Zhou, Shengru [National Renewable Energy Laboratory (NREL), Golden, CO (United States); Lowder, Travis R [National Renewable Energy Laboratory (NREL), Golden, CO (United States); Tian, Tian [National Renewable Energy Laboratory (NREL), Golden, CO (United States)

    2017-09-07

    This is the Chinese translation of NREL/TP-6A20-67613. This report expands on a previous National Renewable Energy Laboratory (NREL) technical report (Lowder et al. 2015) that focused on the United States' unique approach to distributed generation photovoltaics (DGPV) support policies and business models. While the focus of that report was largely historical (i.e., detailing the policies and market developments that led to the growth of DGPV in the United States), this report looks forward, narrating recent changes to laws and regulations as well as the ongoing dialogues over how to incorporate distributed generation (DG) resources onto the electric grid. This report also broadens the scope of Lowder et al. (2015) to include additional countries and technologies. DGPV and storage are the principal technologies under consideration (owing to market readiness and deployment volumes), but the report also contemplates any generation resource that is (1) on the customer side of the meter, (2) used to, at least partly, offset a host's energy consumption, and/or (3) potentially available to provide grid support (e.g., through peak shaving and load shifting, ancillary services, and other means).

  12. Non-state actors in control of territory as 'actors of protection' in international refugee law

    NARCIS (Netherlands)

    Karavias, M.

    2015-01-01

    This article examines the concept of non-state ‘actors of protection’ in international refugee law. This concept breaks with traditional State-centric readings of international law, as it connotes that a non-state actor may offer ‘protection’ against persecution, comparable to that normally offered

  13. Comparing Interval Management Control Laws for Steady-State Errors and String Stability

    Science.gov (United States)

    Weitz, Lesley A.; Swieringa, Kurt A.

    2018-01-01

    Interval Management (IM) is a future airborne spacing concept that leverages avionics to provide speed guidance to an aircraft to achieve and maintain a specified spacing interval from another aircraft. The design of a speed control law to achieve the spacing goal is a key aspect in the research and development of the IM concept. In this paper, two control laws that are used in much of the contemporary IM research are analyzed and compared to characterize steady-state errors and string stability. Numerical results are used to illustrate how the choice of control laws gains impacts the size of steady-state errors and string performance and the potential trade-offs between those performance characteristics.

  14. United States housing, 2012

    Science.gov (United States)

    Delton Alderman

    2013-01-01

    Provides current and historical information on housing market in the United States. Information includes trends for housing permits and starts, housing completions for single and multifamily units, and sales and construction. This report will be updated annually.

  15. Citizen or Subordinate: Permutations of Belonging in the United States and the Dominican Republic

    Directory of Open Access Journals (Sweden)

    Shaina Aber

    2013-09-01

    Full Text Available The Dominican Republic and the United States have both experienced tensions arising from migratory flows from poorer, less stable neighbors. Until recently, both countries had constitutions which conferred citizenship by birth with very limited exceptions. Despite these similarities, their respective discourses around jus soli citizenship, particularly for the children of unauthorized migrants from the poorer neighboring countries, have manifested in different ways. The identity of the United States as a nation of immigrants has limited the success of campaigns to revoke jus soli citizenship for the children of unauthorized immigrants, but the persistent articulation of this idea as a response to illegal migration has shifted the parameters of the immigration debate. In the Dominican Republic, the historical construction of national identity and anti-Haitian discourse has led to an evolution in Dominican law which codifies already established practices that deny citizenship to children of Haitian migrants. In both cases, movements that support more inclusive understandings of societal belonging, like the DREAMers in the United States and youth movements in the Dominican Republic, may offer the most effective way of protecting universal jus soli citizenship regimes. 

  16. Marketing dietary supplements in the United States: A review of the requirements for new dietary ingredients

    International Nuclear Information System (INIS)

    Noonan, Chris; Patrick Noonan, W.

    2006-01-01

    Since the passage of the Dietary Supplement Health and Education Act in 1994, the marketplace for dietary supplements has experienced dramatic growth. New products have redefined the entire marketplace, and new ingredients are introduced to consumers at lightning speed. As part of this act, laws were passed to ensure the safety of new dietary ingredients introduced into the United States marketplace. But more than 11 years later, these laws are frequently misunderstood, and more frequently ignored. This article reviews the regulatory landscape of new dietary ingredients and defines the issues manufacturers must contend with to legally market dietary supplements with new dietary ingredients in the U.S

  17. Discrimination at Work: Comparing European, French, and American Law

    OpenAIRE

    Mercat-Bruns, Marie

    2016-01-01

    How do the United States and France differ in laws and attitudes concerning discrimination at work? Franco-American scholar Marie Mercat-Bruns interviews prominent legal scholars to demonstrate how these two post-industrial democracies have adopted divergent strategies. Whereas employers in the United States and France rarely discriminate openly, deep systemic discrimination exists in both countries, each with a unique history of dealing with difference. Powerful and incisive, the book examin...

  18. 20 CFR 655.645 - Administrative law judge proceedings.

    Science.gov (United States)

    2010-04-01

    ... EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES Enforcement of the Limitations Imposed on Employers Using... administrative law judge shall notify all interested parties of the date, time and place of the hearing. All...

  19. 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

  20. 31 CFR 500.520 - Payments from accounts of United States citizens in employ of United States in foreign countries...

    Science.gov (United States)

    2010-07-01

    ... States citizens in employ of United States in foreign countries and certain other persons. 500.520..., Authorizations and Statements of Licensing Policy § 500.520 Payments from accounts of United States citizens in employ of United States in foreign countries and certain other persons. (a) Banking institutions within...

  1. 31 CFR 515.520 - Payments from accounts of United States citizens in employ of United States in foreign countries...

    Science.gov (United States)

    2010-07-01

    ... States citizens in employ of United States in foreign countries and certain other persons. 515.520..., Authorizations, and Statements of Licensing Policy § 515.520 Payments from accounts of United States citizens in employ of United States in foreign countries and certain other persons. (a) Banking institutions within...

  2. TRAINING OF THE STATE PRESIDENT'S UNIT

    African Journals Online (AJOL)

    The primary function of the State President's Unit is to protect the head of state - not his person as is generally believed, but his authority over the state. Ironically, the ceremonial performances of the State President's Unit lead people to believe that they are only capable of doing drill exer- cises. However, upon investigating.

  3. 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.

  4. Radioactive waste management: a summary of state laws and administration. Revision 3

    International Nuclear Information System (INIS)

    1984-02-01

    This is the third update of Radioactive Waste Management: A Summary of State Laws and Administration. It completely replaces the second update (15 July 1983). The updated report covers the administration, the legislature and the laws in the 50 states related to radioactive waste. The report for each state is divided into four sections: Cover Page; Administrative; Legislative; and Applicable Legislation. The cover page indicates whether or not it is an Agreement State, the low-level waste compacts in which the state is listed as an eligible state, and the high-level waste repository site screening regions in which the state or a portion of it is located. Included under the compacts is a description of what the state has done or currently plans to do, as well as the compact status of other eligible states in the region. In general, the information in this report is accurate as of January 1, 1984

  5. Assisted Reproductive Technology Surveillance - United States, 2015.

    Science.gov (United States)

    Sunderam, Saswati; Kissin, Dmitry M; Crawford, Sara B; Folger, Suzanne G; Boulet, Sheree L; Warner, Lee; Barfield, Wanda D

    2018-02-16

    Since the first U.S. infant conceived with assisted reproductive technology (ART) was born in 1981, both the use of ART and the number of fertility clinics providing ART services have increased steadily in the United States. ART includes fertility treatments in which eggs or embryos are handled in the laboratory (i.e., in vitro fertilization [IVF] and related procedures). Although the majority of infants conceived through ART are singletons, women who undergo ART procedures are more likely than women who conceive naturally to deliver multiple-birth infants. Multiple births pose substantial risks for both mothers and infants, including obstetric complications, preterm delivery (state-specific information for the United States (including the District of Columbia and Puerto Rico) on ART procedures performed in 2015 and compares birth outcomes that occurred in 2015 (resulting from ART procedures performed in 2014 and 2015) with outcomes for all infants born in the United States in 2015. 2015. In 1995, CDC began collecting data on ART procedures performed in fertility clinics in the United States as mandated by the Fertility Clinic Success Rate and Certification Act of 1992 (FCSRCA) (Public Law 102-493 [October 24, 1992]). Data are collected through the National ART Surveillance System, a web-based data collection system developed by CDC. This report includes data from 52 reporting areas (the 50 states, the District of Columbia, and Puerto Rico). In 2015, a total of 182,111 ART procedures (range: 135 in Alaska to 23,198 in California) with the intent to transfer at least one embryo were performed in 464 U.S. fertility clinics and reported to CDC. These procedures resulted in 59,334 live-birth deliveries (range: 55 in Wyoming to 7,802 in California) and 71,152 infants born (range: 68 in Wyoming to 9,176 in California). Nationally, the number of ART procedures performed per 1 million women of reproductive age (15-44 years), a proxy measure of the ART utilization rate, was

  6. 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.

  7. 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…

  8. State smoking restrictions for private-sector worksites, restaurants, and bars--United States, 2004 and 2007.

    Science.gov (United States)

    2008-05-23

    Secondhand smoke (SHS) contains more than 50 carcinogens and causes heart disease and lung cancer in nonsmoking adults. Eliminating smoking in indoor spaces is the only way to fully protect nonsmokers from SHS exposure. Smoking restrictions limit smoking to certain areas within a venue; smoke-free policies prohibit smoking within the entire venue. A Healthy People 2010 objective (27-13) calls for establishing laws in all 50 states and the District of Columbia (DC) that make indoor public places and worksites completely smoke-free. To assess progress toward meeting this objective, CDC reviewed the status of state laws restricting smoking in effect as of December 31, 2007, updating a 2005 study that reported on such laws as of December 31, 2004. This report summarizes the changes in state smoking restrictions for private-sector worksites, restaurants, and bars that occurred from 2004 to 2007. The findings indicated a substantial increase in the number and restrictiveness of state laws regulating smoking in these three settings, providing nonsmokers with increased protection from the health risks posed by SHS. If current trends continue, achieving the national health objective by 2010 might be possible.

  9. Statutory Requirements of Teacher Contract Laws: A Comparison of the 50 States' Continuing Contract and Teacher Tenure Laws.

    Science.gov (United States)

    Gorkom, Kris Van

    This publication summarizes and compares legal provisions covering teacher tenure and contracts for each of the 50 states. The report is organized in three sections. Section 1 presents a summary comparison of the provisions of Washington's teacher contract law with corresponding statutory requirements of the other 49 states. Section 2 identifies…

  10. Show us the money: lessons in transparency from state pharmaceutical marketing disclosure laws.

    Science.gov (United States)

    Chimonas, Susan; Rozario, Natassia M; Rothman, David J

    2010-02-01

    To assess legislation requiring drug companies to report gifts to providers, and to evaluate the information obtained. Data included legislation in Vermont, Minnesota, Maine, Massachusetts, West Virginia, and the District of Columbia, and company disclosure data from Vermont. We evaluated the strengths and weaknesses of state legislation. We also analyzed 4 years of company disclosures from Vermont, assessing the value and distribution of industry-provider exchanges and identifying emerging trends in companies' practices. State legislation is publically available. We obtained Vermont's data through requests to the state's Attorney General's office. Of the state laws, only Vermont's yielded robust, publically available data. These data show gifting was dominated by a few major corporations, and Companies were especially generous to specialists in psychiatry, endocrinology/diabetes/metabolism, internal medicine, and neurology. Companies increasingly used loopholes in the law to avoid public scrutiny. Disclosure laws are an important first step in bringing greater transparency to physician-industry relationships. But flaws and weaknesses limit the states' ability to render physician-industry exchanges fully transparent. Future efforts should build on these lessons to render physician-industry relationships fully transparent.

  11. 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.

  12. Assessing the concordance between illicit drug laws on the books and drug law enforcement: Comparison of three states on the continuum from "decriminalised" to "punitive".

    Science.gov (United States)

    Belackova, Vendula; Ritter, Alison; Shanahan, Marian; Hughes, Caitlin E

    2017-03-01

    Variations in drug laws, as well as variations in enforcement practice, exist across jurisdictions. This study explored the feasibility of categorising drug laws "on the books" in terms of their punitiveness, and the extent of their concordance with "laws in practice" in a cross-national comparison. "Law on the books", classified with respect to both cannabis and other drug offences in the Czech Republic, NSW (AU) and Florida (USA) were analysed in order to establish an ordinal relationship between the three states. Indicators to assess the "laws in practice" covered both police (arrests) and court (sentencing) activity between 2002 and 2013. Parametric and non-parametric tests of equality of means, tests of stationarity and correlation analysis were used to examine the concordance between the ordinal categorisation of "laws on the books" and "laws in practice", as well as trends over time. The Czech Republic had the most lenient drug laws; Florida had the most punitive and NSW was in-between. Examining the indicators of "laws in practice", we found that the population adjusted number of individuals sentenced to prison ranked across the three states was concordant with categorisation of "laws on the books", but the average sentence length and percentage of court cases sentenced to prison were not. Also, the de jure decriminalisation of drug possession in the Czech Republic yielded a far greater share of administrative offenses than the de facto decriminalisation of cannabis use / possession in NSW. Finally, the mean value of most "laws in practice" indicators changed significantly over time although the "laws on the books" didn't change. While some indicators of "laws in practice" were concordant with the ordinal categorisation of drug laws, several indicators of "laws in practice" appeared to operate independently from the drug laws as stated. This has significant implications for drug policy analysis and means that research should not assume they are

  13. 31 CFR 515.334 - United States national.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false United States national. 515.334 Section 515.334 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) OFFICE... of the United States, and which has its principal place of business in the United States. [61 FR...

  14. 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),…

  15. Student Rights in the U.S. and Civil Law Nations.

    Science.gov (United States)

    Lynch, Patrick D.

    A discussion of the two legal traditions illuminates this comparison of student rights in common and civil law nations. The United States is among a minority of nations that use common law, a complex system cluttered with processes difficult to explain and loaded with protections for defendents in both criminal and civil cases. In American common…

  16. 7 CFR 1212.32 - United States Customs Service.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false United States Customs Service. 1212.32 Section 1212... § 1212.32 United States Customs Service. “United States Customs Service” or “Customs” means the United States Customs and Border Protection, an agency of the Department of Homeland Security. Honey Packers and...

  17. Separating Batterers and Guns: A Review and Analysis of Gun Removal Laws in 50 States

    Science.gov (United States)

    Frattaroli, Shannon; Vernick, Jon S.

    2006-01-01

    Firearms play an important role in lethal domestic violence incidents. The authors review state laws regarding two policies to separate batterers from firearms: laws authorizing police to remove firearms when responding to a domestic violence complaint ("police gun removal laws") and laws authorizing courts to order guns removed from batterers…

  18. Health Care Communication Laws in the United States, 2013: Implications for Access to Sensitive Services for Insured Dependents.

    Science.gov (United States)

    Kristoff, Iris; Cramer, Ryan; Leichliter, Jami S

    Young adults may not seek sensitive health services when confidentiality cannot be ensured. To better understand the policy environment for insured dependent confidentiality, we systematically assessed legal requirements for health insurance plan communications using WestlawNext to create a jurisdiction-level data set of health insurance plan communication regulations as of March 2013. Two jurisdictions require plan communications be sent to a policyholder, 22 require plan communications to be sent to an insured, and 36 give insurers discretion to send plan communications to the policyholder or insured. Six jurisdictions prohibit disclosure, and 3 allow a patient to request nondisclosure of certain patient information. Our findings suggest that in many states, health insurers are given considerable discretion in determining to whom plan communications containing sensitive health information are sent. Future research could use this framework to analyze the association between state laws concerning insured dependent confidentiality and public health outcomes and related sensitive services.

  19. 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.

  20. Business and human rights: from soft law to hard law?

    Directory of Open Access Journals (Sweden)

    Ramona Elisabeta Cîrlig

    2016-12-01

    Full Text Available Over the last decades the international community turned its attention towards the impact that businesses have on human rights, and the role they can play in furt hering human rights protection, in light of the lead role they play in globalization, and the increasingly vocal allegations of human rights violations directed against some multinationals. These developments triggered some action at the United Nations, an d at the European Union level, and led to the development of international soft law in this area, moving slowly towards binding instruments. This paper explores the evolution of business and human rights, presents the current international non-binding instruments, as well as some states’ binding initiatives in this area, and highlights the tendency to move from soft law to hard law, to leave the realm of voluntary corporate responsibility for the one of pure accountability. In this context, several solutions are debated by scholars: from a binding treaty, or a series of narrower treaties focused on specific areas, to a Model Law which could be used by states to enact laws imposing obligations on businesses within their jurisdictions, or even adding human rights in the international investment agreements and making use of the international arbitration as an enforcement mechanism.

  1. U.S. Warms to Law of the Sea Treaty

    Science.gov (United States)

    Showstack, Randy

    The United States is moving closer to ratifying the United Nations Convention on the Law of the Sea, with the Bush Administration bestowing its blessings, and a broad spectrum of interest groups expressing support during recent U.S. Senate hearings. They said that the convention, with some minor clarification, supports U.S. defense, homeland security, resource, scientific, and environmental goals. John Turner, assistant secretary of the Bureau of Oceans and International Environmental and Scientific Affairs at the State Department, said that becoming a party to the convention ``represents the highest priority of United States international oceans policy.'' He spoke at a 21 October hearing of the Senate Committee on Foreign Relations.

  2. Techniques for analyzing the impacts of certain electric-utility ratemaking and regulatory-policy concepts. Regulatory laws and policies. [State by state

    Energy Technology Data Exchange (ETDEWEB)

    None

    1980-08-01

    This report is a legal study prepared to provide a review of the substantive and procedural laws of each regulatory jurisdiction that may affect implementation of the PURPA standards, and to summarize the current state of consideration and implementation of policies and rate designs similar or identical to the PURPA standards by state regulatory agencies and nonregulated utilities. This report is divided into three sections. The first section, the Introduction, summarizes the standards promulgated by PURPA and the results of the legal study. The second section, State Regulatory Law and Procedure, summarizes for each state or other ratemaking jurisdiction: (1) general constitutional and statutory provisions affecting utility rates and conditions of service; (2) specific laws or decisions affecting policy or rate design issues covered by PURPA standards; and (3) statutes and decisions governing administrative procedures, including judicial review. A chart showing actions taken on the policy and rate design issues addressed by PURPA is also included for each jurisdiction, and citations to relevant authorities are presented for each standard. State statutes or decisions that specifically define a state standard similar or identical to a PURPA standard, or that refer to one of the three PURPA objectives, are noted. The third section, Nonregulated Electric Utilities, summarizes information available on nonregulated utilities, i.e., publicly or cooperatively owned utilities which are specifically exempted from state regulation by state law.

  3. Nuclear power in the United States

    International Nuclear Information System (INIS)

    Johnston, J.B.

    1985-01-01

    All over the world except in the United States, nuclear energy is a low cost, secure, environmentally acceptable form of energy. In the United States, civilian nuclear power is dead. 112 nuclear power plants have been abandoned or cancelled in the last decade, and there has been no new order for nuclear plants since 1978. It will be fortunate to have 125 operating nuclear plants in the United States in the year 2000. There are almost 90 completed nuclear power plants and about 45 under construction in the United States, but several of those under construction will eventually be abandoned. About 20 % of the electricity in the United States will be generated by nuclear plants in 2000 as compared with 13 % supplied in the last year. Under the present regulatory and institutional arrangement, American electric utilities would not consider to order a new nuclear power plant. Post-TMI nuclear plants became very expensive, and there is also ideological opposition to nuclear power. Coal-firing plants are also in the similar situation. The uncertainty about electric power demand, the cost of money, the inflation of construction cost and regulation caused the situation. (Kako, I.)

  4. Investigating Coulomb's Law.

    Science.gov (United States)

    Noll, Ellis; Koehlinger, Mervin; Kowalski, Ludwik; Swackhamer, Gregg

    1998-01-01

    Describes the use of a computer-linked camera to demonstrate Coulomb's law. Suggests a way of reducing the difficulties in presenting Coulomb's law by teaching the inverse square law of gravity and the inverse square law of electricity in the same unit. (AIM)

  5. Renewable Portfolio Standards in the United States - A Status Report with Data Through 2007

    Energy Technology Data Exchange (ETDEWEB)

    Wiser, Ryan; Wiser, Ryan; Barbose, Galen; Bird, Lori; Churchill, Susannah; Deyette, Jeff; Holt, Ed

    2008-04-09

    Renewables portfolio standards (RPS) have proliferated at the state level in the United States since the late 1990s. In combination with Federal tax incentives, state RPS requirements have emerged as one of the most important drivers of renewable energy capacity additions. The focus of most RPS activity in the U.S. has been within the states. Nonetheless, the U.S. House of Representatives and Senate have, at different times, each passed versions of a Federal RPS; a Federal RPS, however, has not yet been signed into law. The design of an RPS can and does vary, but at its heart an RPS simply requires retail electricity suppliers (also called load-serving entities, or LSEs) to procure a certain minimum quantity of eligible renewable energy. An RPS establishes numeric targets for renewable energy supply, applies those targets to retail electricity suppliers, and seeks to encourage competition among renewable developers to meet the targets in a least-cost fashion. RPS purchase obligations generally increase over time, and retail suppliers typically must demonstrate compliance on an annual basis. Mandatory RPS policies are backed by various types of compliance enforcement mechanisms, and many--but not all--such policies include the trading of renewable energy certificates (RECs). Renewables portfolio standards are a relatively recent addition to the renewable energy policy landscape, and these policies continue to evolve. Keeping up with the design, early experience, and projected impacts of these programs is a challenge. This report seeks to fill this need by providing basic, factual information on RPS policies in the United States. It focuses on state-level initiatives, though a later section briefly discusses Federal developments as well. The report does not cover municipal-level renewable energy goals, unless required by state law. Similarly, this report focuses on mandatory state RPS requirements, though it also touches on non-binding renewable energy goals

  6. Teen Pregnancy in the United States

    Science.gov (United States)

    ... United States: the contribution of abstinence and improved contraceptive use. Am J Public Health. 2007;97(1):150-6. Lindberg LD, Santelli JS, Desai, S. Understanding the Decline in Adolescent Fertility in the United States, 2007–2012. J ...

  7. Do Data Breach Disclosure Laws Reduce Identity Theft?

    Science.gov (United States)

    Romanosky, Sasha; Telang, Rahul; Acquisti, Alessandro

    2011-01-01

    In the United States, identity theft resulted in corporate and consumer losses of $56 billion dollars in 2005, with up to 35 percent of known identity thefts caused by corporate data breaches. Many states have responded by adopting data breach disclosure laws that require firms to notify consumers if their personal information has been lost or…

  8. California's privacy pileup. New state laws meet even newer federal regulations.

    Science.gov (United States)

    Dimick, Chris

    2009-08-01

    In California, teasing apart state and federal breach notification laws highlights the challenges organizations everywhere face in determining their responsibilities under ARRA's new privacy regulations.

  9. Simulating fuel treatment effects in dry forests of the western United States: testing the principles of a fire-safe forest

    Science.gov (United States)

    Morris C. Johnson; Maureen C Kennedy; David L. Peterson

    2011-01-01

    We used the Fire and Fuels Extension to the Forest Vegetation Simulator (FFE-FVS) to simulate fuel treatment effects on stands in low- to midelevation dry forests (e.g., ponderosa pine (Pinus ponderosa Dougl. ex. P. & C. Laws.) and Douglas-fir (Pseudotsuga menziesii (Mirb.) Franco) of the western United States. We...

  10. State aid for the adequacy of production in EU competition law

    OpenAIRE

    Domazet, Siniša

    2017-01-01

    State aid is essentially inadmissible in EU competition law. The paper deals with state aid for the adequacy of production. Research has shown that if the conditions contained in the guidelines on state aid for environmental protection and energy for the period 2014-2020 are fulfilled, this form of state aid will be permitted. It has been established that there is no practice of the European Commission in connection with this form of state aid. Recommendation to the Member States is to carry ...

  11. [French law related to patient's rights and end of life: pediatric intensive care unit's health professionals' opinions].

    Science.gov (United States)

    de Saint Blanquat, L; Cremer, R; Elie, C; Lesage, F; Dupic, L; Hubert, P

    2014-01-01

    To identify the knowledge of caregivers of pediatric intensive care units (PICUs) on the French law related to patients' rights and end of life, their views on withholding/withdrawing life-sustaining treatment (WWLST) decisions, and their feelings about how these decisions were made and implemented. A multicenter survey in 24 French PICUs during the fourth trimester 2010. One thousand three hundred and thirty-nine professional healthcare workers (1005 paramedics and 334 physicians) responded. Over 85% of caregivers had good knowledge of the WWLST decision-making processes required by law. More than 80% of caregivers accepted mechanical ventilation, hemodiafiltration, or hemodynamic support withdrawal or withholding. Nevertheless, the withdrawal of artificial nutrition and hydration generated reluctance or opposition for the majority of respondents. While paramedics' participation in the decision-making process was deemed necessary by all caregivers, paramedics found more often than physicians that they were insufficiently involved. The quality of end-of-life care was judged very positively by caregivers. The answers on how WWLST was applied suggest very different interpretations of the law. Some caregivers respect the principles of palliative care as stated in the public health code and 40% of doctors and 64% of caregivers consider it "acceptable" to hasten death if resulting from a collaborative decision-making process. This study is the first to show that caregivers of French PICUs have good knowledge of the French law concerning the end of life. Yet, there is still confusion about the limits of practice during the end-of-life period. Copyright © 2013 Elsevier Masson SAS. All rights reserved.

  12. Faith and Scepticism in Private International Law: Trust, Governance, Politics, and Foreign Judgments

    NARCIS (Netherlands)

    C. Whytock (Christopher)

    2014-01-01

    markdownabstract__abstract__ In both the European Union (EU) and the United States (US), the law governing the enforcement of foreign judgments is evolving, but in different directions. EU law, especially after the elimination of exequatur by the 2012 ’Recast’ of the Brussels I Regulation,

  13. Immigration Enforcement Within the United States

    Science.gov (United States)

    2006-04-06

    Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Policy Issues...Remained in the United States, (Washington: Center for Immigration Studies, May 2002). Immigration Enforcement Within the United States Introduction ...interior enforcement lack a border component. For example, fugitive taskforces, investigations of alien slavery and sweatshops , and employer sanctions do

  14. The Present State of the Business Law Education of Accounting Students: The Business Law Professor's Perspective

    Science.gov (United States)

    Kocakulah, Mehmet C.; Austill, A. David; Long, Brett

    2009-01-01

    The article aims to provide Certified Public Accountant (CPA) candidates, accounting faculty, the American Institute of Certified Public Accountants (AICPA), and the state boards of accountancy with an insight into the business law professor's perspective concerning the legal education of accountants. This article first describes various factors,…

  15. 76 FR 24960 - Sentencing Guidelines for United States Courts

    Science.gov (United States)

    2011-05-03

    ..., or attempted to bribe, a law enforcement officer to facilitate the commission of the offense. The new... bribe, a Federal, State, or local law enforcement official in connection with a drug trafficking offense... super-aggravating factors: (i) The defendant-- (I) used another person to purchase, sell, transport, or...

  16. A Physics-Based Rock Friction Constitutive Law: Steady State Friction

    Science.gov (United States)

    Aharonov, Einat; Scholz, Christopher H.

    2018-02-01

    Experiments measuring friction over a wide range of sliding velocities find that the value of the friction coefficient varies widely: friction is high and behaves according to the rate and state constitutive law during slow sliding, yet markedly weakens as the sliding velocity approaches seismic slip speeds. We introduce a physics-based theory to explain this behavior. Using conventional microphysics of creep, we calculate the velocity and temperature dependence of contact stresses during sliding, including the thermal effects of shear heating. Contacts are assumed to reach a coupled thermal and mechanical steady state, and friction is calculated for steady sliding. Results from theory provide good quantitative agreement with reported experimental results for quartz and granite friction over 11 orders of magnitude in velocity. The new model elucidates the physics of friction and predicts the connection between friction laws to independently determined material parameters. It predicts four frictional regimes as function of slip rate: at slow velocity friction is either velocity strengthening or weakening, depending on material parameters, and follows the rate and state friction law. Differences between surface and volume activation energies are the main control on velocity dependence. At intermediate velocity, for some material parameters, a distinct velocity strengthening regime emerges. At fast sliding, shear heating produces thermal softening of friction. At the fastest sliding, melting causes further weakening. This theory, with its four frictional regimes, fits well previously published experimental results under low temperature and normal stress.

  17. Comparing Generic Drug Markets in Europe and the United States: Prices, Volumes, and Spending.

    Science.gov (United States)

    Wouters, Olivier J; Kanavos, Panos G; McKEE, Martin

    2017-09-01

    solutions to address issues in Europe and the United States, such as streamlining the generic drug approval process and requiring generic prescribing and substitution where such policies are not yet in place. The history of substitution laws in the United States provides insights into the economic, political, and cultural issues influencing the adoption of generic drug policies. Governments should apply coherent supply- and demand-side policies in generic drug markets. An immediate priority is to convince more physicians, pharmacists, and patients that generic drugs are bioequivalent to branded products. Special-interest groups continue to obstruct reform in Europe and the United States. © 2017 The Authors The Milbank Quarterly published by Wiley Periodicals, Inc. on behalf of The Millbank Memorial Fund.

  18. Ready, Willing, and Able? Impediments to the Onset of Marital Fertility Decline in the United States

    Science.gov (United States)

    Hacker, J. David

    2016-01-01

    This study relies on IPUMS samples of the 1850, 1860, 1870, and 1880 censuses, aggregate census data, and the timing of state laws criminalizing abortion to construct regional estimates of marital fertility in the United States and estimate correlates of marital fertility. The results show a significant lag between the onset of marital fertility decline in the nation’s northeastern census divisions and its onset in western and southern census divisions. Empirical models indicate the presence of cultural, economic, and legal impediments to the diffusion of marital fertility control and illustrate the need for more inclusive models of fertility decline. PMID:27757800

  19. United States advanced technologies

    International Nuclear Information System (INIS)

    Longenecker, J.R.

    1985-01-01

    In the United States, the advanced technologies have been applied to uranium enrichment as a means by which it can be assured that nuclear fuel cost will remain competitive in the future. The United States is strongly committed to the development of advanced enrichment technology, and has brought both advanced gas centrifuge (AGC) and atomic vapor laser isotope separation (AVLIS) programs to a point of significant technical refinement. The ability to deploy advanced technologies is the basis for the confidence in competitive future price. Unfortunately, the development of advanced technologies is capital intensive. The year 1985 is the key year for advanced technology development in the United States, since the decision on the primary enrichment technology for the future, AGC or AVLIS, will be made shortly. The background on the technology selection process, the highlights of AGC and AVLIS programs and the way to proceed after the process selection are described. The key objective is to maximize the sales volume and minimize the operating cost. This will help the utilities in other countries supply low cost energy on a reliable, long term basis. (Kako, I.)

  20. The United States and the Arab Gulf Monarchies

    International Nuclear Information System (INIS)

    Kechichian, J.A.

    1999-01-01

    The United States has enduring strategic interests in the Persian Gulf region. To understand these interests and the Usa policy towards the Arab Gulf Monarchies, the french institute of international relations (IFRI) proposes this document. The following chapters are detailed: the United States and the Arab Gulf Monarchies, overview, Chief Unites States Objective: Access to oil, re-evaluating United States Foreign Policy in the Gulf, the second term (Usa strategy). (A.L.B.)

  1. FACING UP TO MULTINATIONALCOMPLEX LITIGATION IN THE UNITED STATES

    Directory of Open Access Journals (Sweden)

    Ángel R. Oquendo

    2017-05-01

    Full Text Available A federal court should approach the presence of foreigners in a global class action for monetary relief with an openmind. It should keep them in so long as it can conclude, upon a reflective comparative law analysis, that the judiciary in theirnation of origin would uphold the ultimate ruling. For example, Latin American absent class members should normally stay on board inasmuchas virtually every jurisdictionin their regionwould allow a U.S. adjudicator to arrive at this conclusion.Accordingly, they would fail, on grounds of res judicata, if they ever tried to re-litigate the matter back home upon a defeat on the merits in the United States. In particular, a tribunal from any one of seven representative regional countries (Mexico, Brazil, Venezuela, Colombia, Panama, Peru, and Ecuador wouldmost probably find such a U.S.judgment consistent with local due process, as well as with the remaining requirements for recognition.In other words, it would hold thatabsentees stemming from its jurisdictional territory could not legitimately complain about the preclusive effect since they would have free ridden on the efforts of their representatives with a chance at compensation, would have benefited from numerous fairness controls, and could have similarly faced preclusion in their homeland based on a suit prosecuted by someone else without their authorization. Judges in the United States should engage in a similar in-depth deliberation to decide whether to welcomecitizens from anywhere else in the world to the litigation.

  2. Caring for elder parents: a comparative evaluation of family leave laws.

    Science.gov (United States)

    Yang, Y Tony; Gimm, Gilbert

    2013-01-01

    As the baby boomer generation ages, the need for laws to enhance quality of life for the elderly and meet the increasing demand for family caregivers will continue to grow. This paper reviews the national family leave laws of nine major OECD countries (Canada, Denmark, France, Germany, Italy, Japan, Netherlands, Spain, and the United Kingdom) and provides a state-by-state analysis within the U.S. We find that the U.S. has the least generous family leave laws among the nine OECD countries. With the exception of two states (California and New Jersey), the U.S. federal Family Medical Leave Act of 1993 provides no right to paid family leave for eldercare. We survey the current evidence from the literature on how paid leave can impact family caregivers' employment and health outcomes, gender equality, and economic arguments for and against such laws. We argue that a generous and flexible family leave law, financed through social insurance, would not only be equitable, but also financially sustainable. © 2013 American Society of Law, Medicine & Ethics, Inc.

  3. Review and Analysis of Laws Related to Strangulation in 50 States

    Science.gov (United States)

    Laughon, Kathryn; Glass, Nancy; Worrell, Claude

    2009-01-01

    Nonlethal strangulation of intimate partners has substantial direct health effects and is associated with an increased risk of later lethal violence by a partner or ex-intimate partner but can be difficult to prosecute under felony assault statutes. After review of state laws regarding assault, the authors identified 10 states with specific…

  4. Southern states radiological emergency response laws and regulations

    International Nuclear Information System (INIS)

    1989-07-01

    The purpose of this report is to provide a summary of the emergency response laws and regulations in place in the various states within the southern region for use by legislators, emergency response planners, the general public and all persons concerned about the existing legal framework for emergency response. SSEB expects to periodically update the report as necessary. Radiation protection regulations without emergency response provisions are not included in the summary

  5. 20 CFR 655.655 - Secretary's review of administrative law judge's decision.

    Science.gov (United States)

    2010-04-01

    ..., DEPARTMENT OF LABOR TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES Enforcement of the... Secretary's review of administrative law judge's decision. (a) The Administrator or any interested party...

  6. Case law and administrative decisions

    International Nuclear Information System (INIS)

    Anon.

    2005-01-01

    About the case law we find four parts, one concerns France and the judgement of the council of state on an application for annulment of the decree of 10 january 2003 authorizing Cogema to modify a major nuclear installation, a second one is in relation with the Usa through the ruling in relation to the sale of uranium enrichment services in the united States, decision concerning the Yucca mountain repository, Indiana michigan power company v. United States, natural resources defense council, snake river alliance, confederated tribes and bands of the Yakama indian Nation, Shoshone Bannock Tribes v. Abraham. For the third part devoted to European union it is question of the judgement of the European Court of justice in European union v. UK, the fourth part concerns administrative decisions with the early shutdown of Barsebaeck-2 in Sweden. (N.C.)

  7. 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.

  8. Nuclear energy policy in the United States 1990–2010: A federal or state responsibility?

    International Nuclear Information System (INIS)

    Heffron, Raphael J.

    2013-01-01

    This paper examines from a policy perspective nuclear energy policy in the United States (US) from 1990 to 2010 and questions whether it is or has become a Federal or State responsibility. The present study, as befits policy research, engages with many disciplines (for example, in particular, law and politics) and hence the contributions move beyond that of nuclear energy policy literature and in particular to that on nuclear new build and other assessments of large infrastructure projects. Several examples at the Federal level are identified that demonstrate that the nuclear industry has evolved to a stage where it requires a focus on the power of actions at a more localised (state) level in order to re-ignite the industry. The research concludes that there remains a misunderstanding of the issue of project management for complex construction projects, and it is highly arguable whether many of its issues have been resolved. Further, the research asserts that the economics of nuclear energy are not the most influential reason for no nuclear new build in the US. -- Highlights: •Examines the US nuclear energy sector, 1990–2010. •Nuclear industry has evolved to a stage where an individual state is the key driver. •Misunderstanding of the project management and public administration. •Potential of the power of more localised (state) actions to re-ignite the industry

  9. Supreme Court Upholds Cal. Law Requiring Maternity Leaves.

    Science.gov (United States)

    Fields, Cheryl M.

    1987-01-01

    A recent United State Supreme Court ruling upheld a California law requiring employers to grant female employees up to four months of unpaid maternity leave and make reasonable efforts to reinstate them when they return to work. The decision and its implications are discussed. (MSE)

  10. 78 FR 46686 - Privacy Act of 1974; Treasury/United States Mint .013-United States Mint National Electronic...

    Science.gov (United States)

    2013-08-01

    ... available publicly. FOR FURTHER INFORMATION CONTACT: For general questions and privacy issues, please... DEPARTMENT OF THE TREASURY Privacy Act of 1974; Treasury/United States Mint .013--United States... Privacy Act of 1974, as amended, 5 U.S.C. 552a, the Department of the Treasury (``Treasury'') and the...

  11. 39 CFR 221.1 - The United States Postal Service.

    Science.gov (United States)

    2010-07-01

    ... 39 Postal Service 1 2010-07-01 2010-07-01 false The United States Postal Service. 221.1 Section 221.1 Postal Service UNITED STATES POSTAL SERVICE ORGANIZATION AND ADMINISTRATION GENERAL ORGANIZATION § 221.1 The United States Postal Service. The United States Postal Service was established as an...

  12. UNITED STATES DURING THE COLD WAR 1945-1990

    Directory of Open Access Journals (Sweden)

    Novita Mujiyati

    2016-02-01

    Full Text Available United States and the Soviet Union is a country on the part of allies who emerged as the winner during World War II. However, after reaching the Allied victory in the situation soon changed, man has become an opponent. United States and the Soviet Union are competing to expand the influence and power. To compete the United States strive continuously strengthen itself both in the economic and military by establishing a defense pact and aid agencies in the field of economy. During the Cold War the two are not fighting directly in one of the countries of the former Soviet Union and the United States. However, if understood, teradinya the Korean War and the Vietnam War is a result of tensions between the two countries and is a direct warfare conducted by the United States and the Soviet Union. Cold War ended in conflict with the collapse of the Soviet Union and the United States emerged as the winner of the country.

  13. 78 FR 27857 - United States Standards for Wheat

    Science.gov (United States)

    2013-05-13

    ... RIN 0580-AB12 United States Standards for Wheat AGENCY: Grain Inspection, Packers and Stockyards... (GIPSA) is revising the United States Standards for Wheat under the United States Grain Standards Act (USGSA) to change the definition of Contrasting classes (CCL) in the class Hard White wheat. This change...

  14. The flaws in state 'apology' and 'disclosure' laws dilute their intended impact on malpractice suits.

    Science.gov (United States)

    Mastroianni, Anna C; Mello, Michelle M; Sommer, Shannon; Hardy, Mary; Gallagher, Thomas H

    2010-09-01

    Apologies are rare in the medical world, where health care providers fear that admissions of guilt or expressions of regret could be used by plaintiffs in malpractice lawsuits. Nevertheless, some states are moving toward giving health care providers legal protection so that they feel free to apologize to patients for a medical mistake. Advocates believe that these laws are beneficial for patients and providers. However, our analysis of "apology" and "disclosure" laws in thirty-four states and the District of Columbia finds that most of the laws have major shortcomings. These may actually discourage comprehensive disclosures and apologies and weaken the laws' impact on malpractice suits. Many could be resolved by improved statutory design and communication of new legal requirements and protections.

  15. Tuberculosis along the United States-Mexico border, 1993-2001.

    Science.gov (United States)

    Schneider, Eileen; Laserson, Kayla F; Wells, Charles D; Moore, Marisa

    2004-07-01

    Tuberculosis (TB) is a leading public health problem and a recognized priority for the federal Governments of both Mexico and the United States of America. The objectives of this research, primarily for the four states in the United States that are along the border with Mexico, were to: (1) describe the epidemiological situation of TB, (2) identify TB risk factors, and (3) discuss tuberculosis program strategies. We analyzed tuberculosis case reports collected from 1993 through 2001 by the tuberculosis surveillance system of the United States. We used those data to compare TB cases mainly among three groups: (1) Mexican-born persons in the four United States border states (Arizona, California, New Mexico, and Texas), (2) persons in those four border states who had been born in the United States, and (3) Mexican-born persons in the 46 other states of the United States, which do not border Mexico. For the period from 1993 through 2001, of the 16 223 TB cases reported for Mexican-born persons in the United States, 12 450 of them (76.7%) were reported by Arizona, California, New Mexico, and Texas. In those four border states overall in 2001, tuberculosis case rates for Mexican-born persons were 5.0 times as high as the rates for persons born in the United States; those four states have 23 counties that directly border on Mexico, and the ratio in those counties was 5.8. HIV seropositivity, drug and alcohol use, unemployment, and incarceration were significantly less likely to be reported in Mexican-born TB patients from the four border states and the nonborder states than in patients born in the United States from the four border states (P pulmonary tuberculosis patients who were 18-64 years of age and residing in the four border states, the Mexican-born patients were 3.6 times as likely as the United States-born patients were to have resistance to at least isoniazid and rifampin (i. e., to have multidrug-resistant TB) and twice as likely to have isoniazid resistance

  16. 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.

  17. Radioactive waste management: a summary of state laws and administration. National Low-Level Radioactive Waste Mangement Program

    International Nuclear Information System (INIS)

    1983-05-01

    This is the first quarterly update of Radioactive Waste Management: A Summary of State Laws and Administration. Because states have been very active on waste management issues, the whole report is being reissued in this update. It covers the administration, the legislature and the laws in the 50 states related to radioactive waste. The report for each state is divided into four sections: Cover Page; Administrative; Legislative; and Applicable Legislation. The cover page indicates whether or not it is an Agreement State, the low-level waste compacts in which the state is listed as an eligible state, and the high-level waste repository site screening regions in which the state or a portion of it is located. The administrative section provides information on the governor, lead agencies, other involved administrative agencies, relevant commissions, boards and councils and various contacts. The Legislative section provides general information on the legislature and lists legislative leaders, the relevant committees and their chairs and a legislative contact. In the section covering Applicable Legislation, laws related to radiation protection, low-level waste and high-level waste have been summarized. Hazardous waste siting laws are included for states that do not have a siting law covering radioactive waste. The section also contains summaries of relevant bills introduced in 1982 and 1983 legislative sessions and their disposition. In general, the information in this report is accurate as of 15 April 1983

  18. Global Entrepreneurship and the United States

    Science.gov (United States)

    2010-09-01

    Global Entrepreneurship and the United States by Zoltan J. Acs Laszlo Szerb Ruxton, MD 21204 for under contract number SBAHQ-09...SUBTITLE Global Entrepreneurship and the United States 5a. CONTRACT NUMBER 5b. GRANT NUMBER 5c. PROGRAM ELEMENT NUMBER 6. AUTHOR(S) 5d. PROJECT...3 2.1. Assessing Entrepreneurship ..................................................................................4 2.2. Stages of Development

  19. 75 FR 25925 - United States Mint

    Science.gov (United States)

    2010-05-10

    ... Committee May 25, 2010 Public Meeting. SUMMARY: Pursuant to United States Code, Title 31, section 5135(b)(8... scheduled for May 25, 2010. Date: May 25, 2010. Time: 9 a.m. to 12 p.m. Location: 8th Floor Board Room, United States Mint, 801 9th Street, NW., Washington, DC 20220. Subject: Review and discuss obverse and...

  20. 31 CFR 515.330 - Person within the United States.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false Person within the United States. 515... Definitions § 515.330 Person within the United States. (a) The term person within the United States, includes: (1) Any person, wheresoever located, who is a resident of the United States; (2) Any person actually...

  1. Making solar laws work: a study of state solar energy incentives

    Energy Technology Data Exchange (ETDEWEB)

    Roessner, J.D.

    1980-11-01

    The results of a research investigation of solar financial and research, demonstration, and development (RD and D) incentive programs in 18 states are summarized. The investigation focuses upon implementation - the organization and administrative processes required to convert a law into a viable program. Eleven financial and 12 RD and D programs were investigated. Results indicate that four conditions are common to successful implementation of both types of incentive programs: the opportunity to use solar energy as a heating source; characteristics of the agency selected to complement the law; involvement of outside groups in program implementation; and the specificity of guidance given to those responsible for implementation. Other conditions specific to the implementation of each type of program are discussed as well as the implications of these findings for state and federal policy makers.

  2. 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...

  3. 45 CFR 212.7 - Repayment to the United States.

    Science.gov (United States)

    2010-10-01

    ... 45 Public Welfare 2 2010-10-01 2010-10-01 false Repayment to the United States. 212.7 Section 212... UNITED STATES CITIZENS RETURNED FROM FOREIGN COUNTRIES § 212.7 Repayment to the United States. (a) An..., any or all of the cost of such assistance to the United States, except insofar as it is determined...

  4. 20 CFR 416.215 - You leave the United States.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false You leave the United States. 416.215 Section... Eligible § 416.215 You leave the United States. You lose your eligibility for SSI benefits for any month during all of which you are outside of the United States. If you are outside of the United States for 30...

  5. 37 CFR 1.412 - The United States Receiving Office.

    Science.gov (United States)

    2010-07-01

    ... Information § 1.412 The United States Receiving Office. (a) The United States Patent and Trademark Office is a Receiving Office only for applicants who are residents or nationals of the United States of America. (b) The... “United States Receiving Office” or by the abbreviation “RO/US.” (c) The major functions of the Receiving...

  6. The Paramountcy of EU Law Over National Law The Extent to which Lyon’s Statements Reflect on the Relationship between EU and Domestic Law within the UK and Candidate States such as Albania

    Directory of Open Access Journals (Sweden)

    Erbi Ago

    2015-03-01

    Full Text Available As we live in a world that is becoming ever more globalized, it is unavoidable to consider the effect supranational entities and globalization itself have on the national sovereignty of the state. The EU is probably the most well-known example of a supranational entity and as such it cannot help but bring about a number of sides regarding its power over its members. There are many that would claim the EU has undermined national sovereignty, especially when it comes to the legal sphere. The issue at hand has been addressed by scholars such as Dr. Anne Lyon and this paper is a direct analysis of her statement regarding paramountcy. In summation, Lyon has stated that EU law has undermined national law. This has happened due to a number of reasons, one of which is the passing of a parliamentary Act intending to prioritize EU law. At this point, shall they need to provide otherwise, it is quite an argument to claim whether they could give effect to national law instead. Therefore, it has become necessary to consider the extent to which these statements reflect the relationship between EU law and ‘domestic’ laws within the UK and try and apply to the legal future of candidate states, such as Albania. This paper analyzes the two parts of Lyon’s argument, namely the paramountcy and parliamentary aspects of the issue, while also aiming to provide a framework on which future candidate states such as Albania can work on in order to achieve a more efficient assimilation into the EU legal system together with the forewarnings necessary shall they wish the opposite.

  7. 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.

  8. 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

  9. State Laws Regarding Indoor Public Use, Retail Sales, and Prices of Electronic Cigarettes - U.S. States, Guam, Puerto Rico, and U.S. Virgin Islands, September 30, 2017.

    Science.gov (United States)

    Marynak, Kristy; Kenemer, Brandon; King, Brian A; Tynan, Michael A; MacNeil, Allison; Reimels, Elizabeth

    2017-12-15

    Electronic cigarettes (e-cigarettes) are the most frequently used tobacco product among U.S. youths, and past 30-day e-cigarette use is more prevalent among high school students than among adults (1,2). E-cigarettes typically deliver nicotine, and the U.S. Surgeon General has concluded that nicotine exposure during adolescence can cause addiction and can harm the developing adolescent brain (2). Through authority granted by the Family Smoking Prevention and Tobacco Control Act, the Food and Drug Administration (FDA) prohibits e-cigarette sales to minors, free samples, and vending machine sales, except in adult-only facilities (3). States, localities, territories, and tribes maintain broad authority to adopt additional or more stringent requirements regarding tobacco product use, sales, marketing, and other topics (2,4). To understand the current e-cigarette policy landscape in the United States, CDC assessed state and territorial laws that 1) prohibit e-cigarette use and conventional tobacco smoking indoors in restaurants, bars, and worksites; 2) require a retail license to sell e-cigarettes; 3) prohibit e-cigarette self-service displays (e.g., requirement that products be kept behind the counter or in a locked box); 4) establish 21 years as the minimum age of purchase for all tobacco products, including e-cigarettes (tobacco-21); and 5) apply an excise tax to e-cigarettes. As of September 30, 2017, eight states, the District of Columbia (DC), and Puerto Rico prohibited indoor e-cigarette use and smoking in indoor areas of restaurants, bars, and worksites; 16 states, DC, and the U.S. Virgin Islands required a retail license to sell e-cigarettes; 26 states prohibited e-cigarette self-service displays; five states, DC, and Guam had tobacco-21 laws; and eight states, DC, Puerto Rico, and the U.S. Virgin Islands taxed e-cigarettes. Sixteen states had none of the assessed laws. A comprehensive approach that combines state-level strategies to reduce youths' initiation of

  10. U.S. Agricultural Export Credits after the WTO Cotton Ruling: The Law of Unintended Consequences

    OpenAIRE

    Benitah, Marc

    2005-01-01

    The recent WTO cotton ruling has led to a paradoxical result for the United States, a result that seems a textbook illustration of the "law of unintended consequences". Indeed, during the Uruguay Round negotiations of the present WTO agreements, the United States refused to put agricultural export credits in the category of agricultural export subsidies, where they would then have been subject only to reduction commitments. Paradoxically, the United States finds itself now in a position where...

  11. The Passing on Defence Aviated Into State Aid Law

    DEFF Research Database (Denmark)

    Ølykke, Grith Skovgaard

    2015-01-01

    to the low level of taxation, contested the Commission’s calculation of the amount to be recovered. The General Court found for the applicants and stated that the Commission should limit itself to ordering recovery of the advantage actually retained by the airlines, taking into account the competitive...... law, making it appealing from a perspective of coherence in the EU legal system....

  12. 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

  13. A Pluralist Approach to the Law of International Sales

    Directory of Open Access Journals (Sweden)

    Juana Coetzee

    2017-03-01

    Full Text Available International trade can support economic development and social upliftment. However, people are often discouraged from contracting internationally due to the existence of differences in legal systems which act as a non-tariff barrier to trade. This article focuses on the private law framework regulating international contracts of sale. During the twentieth century the problem of diverse laws was primarily addressed by global uniform law such as the United Nations Convention on Contracts for the International Sale of Goods (CISG. However, uniform law is rarely complete and has to be supplemented by national law, trade usage or party agreement. Because there are gaps in the CISG the Swiss government has made a proposal for a new global contract law. But is this a feasible solution to the fragmentary state of international trade law? In Europe, signs of resistance are setting in against further harmonisation. The Proposal for a Common European Sales Law (CESL was recently withdrawn, and now Britain has voted to leave the European Union. Rumour has it that more countries might follow. The current private law framework for international sales contracts consists of a hybrid system where international, national, state and non-state law function side by side. This article submits that universalism is not per se the most efficient approach to the regulation of international sales law and that economic forces require a more varied approach for business-to-business transactions. The biggest challenge, however, would be to manage global legal pluralism. It is concluded that contractual parties, the courts and arbitral tribunals can effectively manage pluralism on a case-by-case basis.

  14. Warranties of Albanian criminal law for children protection from “pornography”

    Directory of Open Access Journals (Sweden)

    Marilda Menkshi

    2016-11-01

    Full Text Available This paper will focus on the Analysis of current Albanian Criminal Law regarding criminal acts of pornography. This paper will analyze Albanian Criminal Law, under the perspective of the Convention on the Rights of the Child, to reflect the alignment of criminal law with Convention, as a minimum guarantee to be provided by the States. Another element of this paper is the approach of criminal law in the context of the defence of children from pornography with judicial practice. In this way the effectiveness of Criminal Law, on prevention and protection of society, family and especially children, from pornography will be identified. This paper considers the judicial practice in other European countries, but also from the United States and other countries on other continents, as a source of the definition of pornography and its application. This analysis is conducted through the prism of Criminological and criminal policy, to identify the current state of the Albanian legislation to protect minors from pornography, challenges and its prospects, both in legislative and practical terms.

  15. Nnamdi Azikiwe University Journal of International Law and ...

    African Journals Online (AJOL)

    Nnamdi Azikiwe University Journal of International Law and Jurisprudence - Vol 9, No 2 (2018). Journal Home > Archives ... Attraction of business and restriction in legal practice in Nigeria and United States: need for globalization via legal education · EMAIL FREE FULL TEXT EMAIL FREE FULL TEXT · DOWNLOAD FULL ...

  16. 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.

  17. 31 CFR 560.510 - Transactions related to the resolution of disputes between the United States or United States...

    Science.gov (United States)

    2010-07-01

    ... Government of Iran of any goods, technology, or services, except to the extent that such exportation or... States Government and the granting of such a license by that agency would be prohibited by law; (3) Financial transactions related to the resolution of disputes at tribunals, including transactions related to...

  18. Application of laws, policies, and guidance from the United States and Canada to the regulation of food and feed derived from genetically modified crops: interpretation of composition data.

    Science.gov (United States)

    Price, William D; Underhill, Lynne

    2013-09-04

    With the development of recombinant DNA techniques for genetically modifying plants to exhibit beneficial traits, laws and regulations were adopted to ensure the safety of food and feed derived from such plants. This paper focuses on the regulation of genetically modified (GM) plants in Canada and the United States, with emphasis on the results of the compositional analysis routinely utilized as an indicator of possible unintended effects resulting from genetic modification. This work discusses the mandate of Health Canada and the Canadian Food Inspection Agency as well as the U.S. Food and Drug Administration's approach to regulating food and feed derived from GM plants. This work also addresses how publications by the Organisation for Economic Co-operation and Development and Codex Alimentarius fit, particularly with defining the importance and purpose of compositional analysis. The importance of study design, selection of comparators, use of literature, and commercial variety reference values is also discussed.

  19. Renewable Energy Prices in State-Level Feed-in Tariffs: Federal Law Constraints and Possible Solutions

    Energy Technology Data Exchange (ETDEWEB)

    Hempling, S.; Elefant, C.; Cory, K.; Porter, K.

    2010-01-01

    State legislatures and state utility commissions trying to attract renewable energy projects are considering feed-in tariffs, which obligate retail utilities to purchase electricity from renewable producers under standard arrangements specifying prices, terms, and conditions. The use of feed-in tariffs simplifies the purchase process, provides revenue certainty to generators, and reduces the cost of financing generating projects. However, some argue that federal law--including the Public Utility Regulatory Policies Act of 1978 (PURPA) and the Federal Power Act of 1935 (FPA)--constrain state-level feed-in tariffs. This report seeks to reduce the legal uncertainties for states contemplating feed-in tariffs by explaining the constraints imposed by federal statutes. It describes the federal constraints, identifies transaction categories that are free of those constraints, and offers ways for state and federal policymakers to interpret or modify existing law to remove or reduce these constraints. This report proposes ways to revise these federal statutes. It creates a broad working definition of a state-level feed-in tariff. Given this definition, this report concludes there are paths to non-preempted, state-level feed-in tariffs under current federal law.

  20. The United States and the Kurds: Case Studies in United States Engagement

    National Research Council Canada - National Science Library

    Lambert, Peter

    1997-01-01

    ..., between 1969- 1975, and 1990-1996. Both eras saw the United States able to influence events relating to the Kurds in support of a larger regional policy, only to find no easy solution to the Kurdish quest for autonomy...

  1. 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...

  2. Free Trade Agreements With The United States: 8 Lessons For Prospective Parties From Australia’s Experience

    Directory of Open Access Journals (Sweden)

    Tully Stephen R.

    2016-12-01

    Full Text Available This article identifies 8 key lessons for those States contemplating a free trade agreement with the United States (U.S. arising from Australia’s experience. The standards of intellectual property protection under the Australia-U.S. Free Trade Agreement and their impact on pharmaceutical prices in Australia are a particular focus. Prospective parties must first conduct a national interest self-assessment which reviews the desired strength of intellectual property protection under national law and their preference for using flexibilities available to them under the existing international intellectual property rights framework. The United States negotiates free trade agreements in light of previous ones, negotiating outcomes obtained in other fora and the decisions of international trade tribunals. Negotiations typically occur behind closed doors, which is a process having adverse implications for transparent decision-making, public consultation periods and contributions from interested non-governmental actors. A concluded agreement will build on prior treaties and influence the course of future international arrangements. But the impact of a United States free trade agreement is not always clear, including because of a lack of reliable data, and the extent of national legal change is a contested issue given existing reform agendas and external influences. The United States seek to redesign national health care systems in its own image and had little success in Australia’s case. National legal systems need not be harmonised: although there can be some convergence in intellectual property rights regimes, significant differences may also remain. Negotiators must reconcile competing cultures, philosophies and perspectives between States for a free trade agreement to be worthwhile.

  3. God and Guns: Examining Religious Influences on Gun Control Attitudes in the United States

    Directory of Open Access Journals (Sweden)

    Stephen M. Merino

    2018-06-01

    Full Text Available Mass shootings in the United States have generated significant media coverage and public concern, invigorating debates over gun control. Media coverage and academic research on gun control attitudes and reactions to mass shootings have paid little attention to the role of religion. Recent research sheds light on the complex relationship between religion and guns, including higher rates of gun ownership and stronger opposition to gun control among white evangelical Protestants. Using nationally representative survey data, this study examines the relationship between religious identity, gun ownership, and support for a range of gun control policies, including proposed remedies for preventing mass shootings. Compared with individuals from other religious traditions, evangelical Protestants are most opposed to stricter gun control laws and enforcement, even with statistical controls for gun ownership and demographic characteristics. Rather, they favor individualistic solutions and putting more emphasis on religious values in their social surroundings. I discuss how these findings reflect the cultural tools evangelical Protestants use to construct their understandings of social problems, including gun violence, and the broader implications for gun policy in the United States.

  4. United States rejoin ITER

    International Nuclear Information System (INIS)

    Roberts, M.

    2003-01-01

    Upon pressure from the United States Congress, the US Department of Energy had to withdraw from further American participation in the ITER Engineering Design Activities after the end of its commitment to the EDA in July 1998. In the years since that time, changes have taken place in both the ITER activity and the US fusion community's position on burning plasma physics. Reflecting the interest in the United States in pursuing burning plasma physics, the DOE's Office of Science commissioned three studies as part of its examination of the option of entering the Negotiations on the Agreement on the Establishment of the International Fusion Energy Organization for the Joint Implementation of the ITER Project. These were a National Academy Review Panel Report supporting the burning plasma mission; a Fusion Energy Sciences Advisory Committee (FESAC) report confirming the role of ITER in achieving fusion power production, and The Lehman Review of the ITER project costing and project management processes (for the latter one, see ITER CTA Newsletter, no. 15, December 2002). All three studies have endorsed the US return to the ITER activities. This historical decision was announced by DOE Secretary Abraham during his remarks to employees of the Department's Princeton Plasma Physics Laboratory. The United States will be working with the other Participants in the ITER Negotiations on the Agreement and is preparing to participate in the ITA

  5. 20 CFR 655.445 - Secretary's review of administrative law judge's decision.

    Science.gov (United States)

    2010-04-01

    ..., DEPARTMENT OF LABOR TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES Enforcement of H-1A... interested party desiring review of the decision and order of an administrative law judge shall petition the...

  6. United States Stateplane Zones - NAD83

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — U.S. State Plane Zones (NAD 1983) represents the State Plane Coordinate System (SPCS) Zones for the 1983 North American Datum within United States.

  7. United States Stateplane Zones - NAD27

    Data.gov (United States)

    Earth Data Analysis Center, University of New Mexico — U.S. State Plane Zones (NAD 1927) represents the State Plane Coordinate System (SPCS) Zones for the 1927 North American Datum within United States.

  8. Present state of electric power business in United States and Europe

    International Nuclear Information System (INIS)

    Onishi, Kenichi

    2011-01-01

    This article reported present state of nuclear power and electric power business in United States and Europe after Fukushima Daiichi Accident. As for the trend of demand and supply of electric power and policy, the accident forced Germany possibly to proceed with phase-out of nuclear power, but France and United States to sustain nuclear power with no great change of energy policy at this moment. As for the trend of electric power market, there was not state in United States with liberalized retail market of electric power after rolling blackouts occurred in California State in the early 2000s. In Germany proceeding with renewable energy introduction, renewable electricity fed into the grid was paid for by the network operators at fixed tariffs and the costs passed on to electricity consumers were increasing. Renewable Portfolio Standards (RPS) in United States forced the state to introduction of renewable energy to some ratio, and Feed-in Tariff (FIT) introduced in EU in 1990s lead to introduction of a large amount of renewable electricity targeted in 2020. Huge amount of wind power introduction brought about several problems to solve such that excess electric power above domestic demand had bad effects on grids in neighboring region. Enforcement of power transmission lines was also needed with increase of maximum electric power as well as introduction of a large amount of renewable electricity. (T. Tanaka)

  9. Death in the United States, 2011

    Science.gov (United States)

    ... Order from the National Technical Information Service NCHS Death in the United States, 2011 Recommend on Facebook ... 2011 SOURCE: National Vital Statistics System, Mortality. Do death rates vary by state? States experience different mortality ...

  10. A Comparison of Federal Laws toward Disabled and Racial/Ethnic Groups in the USA.

    Science.gov (United States)

    Barnartt, Sharon N.; Seelman, Katherine

    1988-01-01

    The paper compares federal legislation for disabled people with that for racial and ethnic groups in the United States. The ways existing laws handle employment discrimination, integration in education, access, and equal protection under the law are considered. Clear differences for each group in the types of discrimination permitted are…

  11. Ohm's Law and Electrical Sources, a Programmed Text.

    Science.gov (United States)

    Balabanian, Norman

    This programed textbook was developed under contract with the United States Office of Education as Number 2 of a series of materials for use in an electrical engineering sequence. It is divided into five parts--(1) Ohm's Law, (2) resistance, (3) conductance, (4) voltage sources, and (5) current sources. (DH)

  12. Survey of state water laws affecting coal slurry pipeline development

    Energy Technology Data Exchange (ETDEWEB)

    Rogozen, M.B.

    1980-11-01

    This report summarizes state water laws likely to affect the development of coal slurry pipelines. It was prepared as part of a project to analyze environmental issues related to energy transportation systems. Coal slurry pipelines have been proposed as a means to expand the existing transportation system to handle the increasing coal shipments that will be required in the future. The availability of water for use in coal slurry systems in the coal-producing states is an issue of major concern.

  13. 31 CFR 103.39 - Person outside the United States.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Person outside the United States. 103... Person outside the United States. For the purposes of this subpart, a remittance or transfer of funds, or... the United States, shall be deemed to be a remittance or transfer to a person outside the United...

  14. 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

  15. Floquet states of a kicked particle in a singular potential: Exponential and power-law profiles

    Science.gov (United States)

    Paul, Sanku; Santhanam, M. S.

    2018-03-01

    It is well known that, in the chaotic regime, all the Floquet states of kicked rotor system display an exponential profile resulting from dynamical localization. If the kicked rotor is placed in an additional stationary infinite potential well, its Floquet states display power-law profile. It has also been suggested in general that the Floquet states of periodically kicked systems with singularities in the potential would have power-law profile. In this work, we study the Floquet states of a kicked particle in finite potential barrier. By varying the height of finite potential barrier, the nature of transition in the Floquet state from exponential to power-law decay profile is studied. We map this system to a tight-binding model and show that the nature of decay profile depends on energy band spanned by the Floquet states (in unperturbed basis) relative to the potential height. This property can also be inferred from the statistics of Floquet eigenvalues and eigenvectors. This leads to an unusual scenario in which the level spacing distribution, as a window in to the spectral correlations, is not a unique characteristic for the entire system.

  16. Regional approaches to power plant siting in the United States of America

    International Nuclear Information System (INIS)

    DiNunno, J.J.

    1975-01-01

    The selection and evaluation of sites for power plants in the United States of America have become increasingly difficult in recent years as pressures from various societal segments have resulted in governmental restraints on selection and burning of fossil fuels, methods of heat dissipation, acquisition of transmission rights of way, and on environmental impact of industrialization in general. New legislation at both Federal and state levels has been enacted that influences power plant siting. In addition to environmental requirements that must be satisfied, implementing procedures require documented justification for sites chosen and public disclosure of the basis for selection. Some states have consolidated their regulatory activities in the power plant siting area to provide for a more unified approach to these problems. Although nuclear plants have by far the most rigorous requirements for documentation of site selection and plant design, the application of the same general philosophies to fossil plants has been made in several states and can be anticipated elsewhere. Individual site-related investigations have not so much changed in basics as they have been enlarged in scope. Whereas in the past the search for siting alternatives was frequently confined to a utility's service area, the additional siting constraints represented in environmental laws, the economies of size of nuclear power plants, and the sharing of plant capacities among utilities have contributed to a widening of the search area. Several states have assumed the responsibility for site search and investigation and their efforts extend state-wide. This paper discusses applications of regional approaches to power plant siting in the United States of America using case studies made by NUS Corporation, an engineering/environmental consulting firm. The universality of these approaches is indicated, leaving to national policies and goals the importance of values assigned to the basic siting factors

  17. Energy problems of the United States

    International Nuclear Information System (INIS)

    Pertuzio, A.

    2006-01-01

    The united states are the third world producer of oil which accounts for 440% of world production and 20 million barrels/day of which 60% are imported. That dependence on imports is likely to increase in the next decades. Such supplies and their security are therefore a fundamental factor of the United States foreign policy in combination with their political, economic and strategic objectives in a world both unsure and dangerous

  18. Household pesticide usage in the United States.

    Science.gov (United States)

    Savage, E P; Keefe, T J; Wheeler, H W; Mounce, L; Helwic, L; Applehans, F; Goes, E; Goes, T; Mihlan, G; Rench, J; Taylor, D K

    1981-01-01

    A total of 10,000 U.S. households in 25 standard metropolitan statistical areas and 25 counties were included in the United States. More than 8,200 households granted an interview. Nine of every ten households in the United States used some types of pesticide in their house, garden, or yard. Households in the southeastern United States used the most pesticides. Although more than 500 different pesticide formulations were used by the sampled households, 15 pesticides accounted for 65.5% of all pesticides reported in this study. Thirteen of these 15 pesticides were insecticides, one was a herbicide, and one was a rodenticide.

  19. Protocol: mixed-methods study to evaluate implementation, enforcement, and outcomes of U.S. state laws intended to curb high-risk opioid prescribing.

    Science.gov (United States)

    McGinty, Emma E; Stuart, Elizabeth A; Caleb Alexander, G; Barry, Colleen L; Bicket, Mark C; Rutkow, Lainie

    2018-02-26

    The U.S. opioid epidemic has been driven by the high volume of opioids prescribed by healthcare providers. U.S. states have recently enacted four types of laws designed to curb high-risk prescribing practices, such as high-dose and long-term opioid prescribing, associated with opioid-related mortality: (1) mandatory Prescription Drug Monitoring Program (PDMP) enrollment laws, which require prescribers to enroll in their state's PDMP, an electronic database of patients' controlled substance prescriptions, (2) mandatory PDMP query laws, which require prescribers to query the PDMP prior to prescribing an opioid, (3) opioid prescribing cap laws, which limit the dose and/or duration of opioid prescriptions, and (4) pill mill laws, which strictly regulate pain clinics to prevent nonmedical opioid prescribing. Some pain experts have expressed concern that these laws could negatively affect pain management among patients with chronic non-cancer pain. This paper describes the protocol for a mixed-methods study analyzing the independent effects of these four types of laws on opioid prescribing patterns and chronic non-cancer pain treatment, accounting for variation in implementation and enforcement of laws across states. Many states have enacted multiple opioid prescribing laws at or around the same time. To overcome this issue, our study focuses on 18 treatment states that each enacted a single law of interest, and no other potentially confounding laws, over a 4-year period (2 years pre-/post-law). Qualitative interviews with key leaders in each of the 18 treatment states will characterize the timing, scope, and strength of each state law's implementation and enforcement. This information will inform the design and interpretation of synthetic control models analyzing the effects of each of the two types of laws on two sets of outcomes: measures of (1) high-risk opioid prescribing and (2) non-opioid treatments for chronic non-cancer pain. Study of mandatory PDMP enrollment

  20. 77 FR 52784 - U.S. Department of State Advisory Committee on Private International Law: Notice of Annual Meeting

    Science.gov (United States)

    2012-08-30

    ... Choice of Court Agreements; international contract law; developments in major PIL organizations... International Law: Notice of Annual Meeting The Department of State's Advisory Committee on Private International Law (ACPIL) will hold its annual meeting on developments in private international law on Thursday...

  1. The U.S. continental shelf beyond 200 nautical miles. Legal questions arising from non-accession to the UN Convention on the Law of the Sea

    OpenAIRE

    Longtain, Shay

    2015-01-01

    The elaborate legal framework contained in Part VI of the 1982 United Nations Convention on the Law of the Sea (LOSC) resembles both codification and progressive development of the law of the sea as it relates to the continental shelf. As a non-party to the Convention, the United States is only bound to those provisions which now reflect customary rules of international law or have otherwise created rights or obligations for third states. This thesis identifies several distinct components o...

  2. Kidney Paired Donation and the "Valuable Consideration" Problem: The Experiences of Australia, Canada, and the United States.

    Science.gov (United States)

    Toews, Maeghan; Giancaspro, Mark; Richards, Bernadette; Ferrari, Paolo

    2017-09-01

    As organ donation rates remain unable to meet the needs of individuals waiting for transplants, it is necessary to identify reasons for this shortage and develop solutions to address it. The introduction of kidney paired donation (KPD) programs represents one such innovation that has become a valuable tool in donation systems around the world. Although KPD has been successful in increasing kidney donation and transplantation, there are lingering questions about its legality. Donation through KPD is done in exchange for-and with the expectation of-a reciprocal kidney donation and transplantation. It is this reciprocity that has caused concern about whether KPD complies with existing law. Organ donation systems around the world are almost universally structured to legally prohibit the commercial exchange of organs. Australia, Canada, and the United States have accomplished this goal by prohibiting the exchange of an organ for "valuable consideration," which is a legal term that has not historically been limited to monetary exchange. Whether or not KPD programs violate this legislative prohibition will depend on the specific legislative provision being considered, and the legal system and case law of the particular jurisdiction in question. This article compares the experiences of Australia, Canada, and the United States in determining the legality of KPD and highlights the need for legal clarity and flexibility as donation and transplantation systems continue to evolve.

  3. Trends in Deaths Involving Heroin and Synthetic Opioids Excluding Methadone, and Law Enforcement Drug Product Reports, by Census Region - United States, 2006-2015.

    Science.gov (United States)

    O'Donnell, Julie K; Gladden, R Matthew; Seth, Puja

    2017-09-01

    Opioid overdose deaths quadrupled from 8,050 in 1999 to 33,091 in 2015 and accounted for 63% of drug overdose deaths in the United States in 2015. During 2010-2015, heroin overdose deaths quadrupled from 3,036 to 12,989 (1). Sharp increases in the supply of heroin and illicitly manufactured fentanyl (IMF) are likely contributing to increased deaths (2-6). CDC examined trends in unintentional and undetermined deaths involving heroin or synthetic opioids excluding methadone (i.e., synthetic opioids)* by the four U.S. Census regions during 2006-2015. Drug exhibits (i.e., drug products) obtained by law enforcement and reported to the Drug Enforcement Administration's (DEA's) National Forensic Laboratory Information System (NFLIS) that tested positive for heroin or fentanyl (i.e., drug reports) also were examined. All U.S. Census regions experienced substantial increases in deaths involving heroin from 2006 to 2015. Since 2010, the South and West experienced increases in heroin drug reports, whereas the Northeast and Midwest experienced steady increases during 2006-2015. † In the Northeast, Midwest, and South, deaths involving synthetic opioids and fentanyl drug reports increased considerably after 2013. These broad changes in the U.S. illicit drug market highlight the urgent need to track illicit drugs and enhance public health interventions targeting persons using or at high risk for using heroin or IMF.

  4. The Course of Law: State Intervention in Southern Lynch Mob Violence 1882–1930

    Directory of Open Access Journals (Sweden)

    Kinga Makovi

    2016-09-01

    Full Text Available Collective violence when framed by its perpetrators as "citizen" justice is inherently a challenge to state legitimacy. To properly account for such violence, it is necessary to consider an opportunity structure incorporating the actions of both vigilantes and agents of the state. The motivation and lethality of lynch mobs in the South cannot be understood without considering how the state reacted to the legitimacy challenges posed by lynching. We trace the shifting orientation of state agents to lynching attempts between the end of Reconstruction and the start of the Great Depression. Analyzing an inventory of more than 1,000 averted and completed lynching events in three Southern states, we model geographic and temporal patterns in the determinants of mob formation, state intervention, and intervention success. Opponents of lynching often pled with mobs to "let the law take its course." This article examines the course followed by the law itself, as state actors moved between encouraging, accommodating, and in many instances averting mob violence.

  5. A Tale of Two Disciplines: Law and Bioethics.

    Science.gov (United States)

    Dresser, Rebecca

    2017-01-01

    Fascination with In re Quinlan, the first high-profile right-to-die case in the United States, led the author to law school. By the time she received her law degree, bioethics was emerging as a field of study, and law and bioethics became her field. The mission of legal education is to teach students to "think like a lawyer," which can be a productive way to approach issues in many fields, including bioethics. Legal education can also teach individuals to respect people whose views on bioethics issues differ from their own. This essay describes three areas in which legal training influenced the author's work in bioethics: treatment decisions, research misconduct, and stem cell research.

  6. 75 FR 13345 - Pricing for Certain United States Mint Products

    Science.gov (United States)

    2010-03-19

    ... DEPARTMENT OF THE TREASURY United States Mint Pricing for Certain United States Mint Products AGENCY: United States Mint, Department of the Treasury. ACTION: Notice. SUMMARY: The United States Mint is announcing the price of First Spouse Bronze Medals and 2010 First Spouse Bronze Medal Series: Four...

  7. Federal Law Enforcement in Bi-National Perspective: The United States FBI and the Mexican PFM

    Science.gov (United States)

    2014-09-01

    de Ciencias Penales INCLE International Narcotics Control and Law Enforcement IT information technology LISSSTE Ley del Instituto de Seguridad y...Instituto Nacional de Ciencias Penales—INACIPE).195 However, if the video on Youtube.com is an indication of the seriousness with which ministerial

  8. 22 CFR 22.3 - Remittances in the United States.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Remittances in the United States. 22.3 Section...-DEPARTMENT OF STATE AND FOREIGN SERVICE § 22.3 Remittances in the United States. (a) Type of remittance. Remittances shall be in the form of: (1) Check or bank draft drawn on a bank in the United States; (2) money...

  9. 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...

  10. Mortality of induced abortion, other outpatient surgical procedures and common activities in the United States.

    Science.gov (United States)

    Raymond, Elizabeth G; Grossman, Daniel; Weaver, Mark A; Toti, Stephanie; Winikoff, Beverly

    2014-11-01

    The recent surge of new legislation regulating induced abortion in the United States is ostensibly motivated by the desire to protect women's health. To provide context for interpreting the risk of abortion, we compared abortion-related mortality to mortality associated with other outpatient surgical procedures and selected nonmedical activities. We calculated the abortion-related mortality rate during 2000-2009 using national data. We searched PubMed and other sources for contemporaneous data on mortality associated with other outpatient procedures commonly performed on healthy young women, marathon running, bicycling and driving. The abortion-related mortality rate in 2000-2009 in the United States was 0.7 per 100,000 abortions. Studies in approximately the same years found mortality rates of 0.8-1.7 deaths per 100,000 plastic surgery procedures, 0-1.7deaths per 100,000 dental procedures, 0.6-1.2 deaths per 100,000 marathons run and at least 4 deaths among 100,000 cyclists in a large annual bicycling event. The traffic fatality rate per 758 vehicle miles traveled by passenger cars in the United States in 2007-2011 was about equal to the abortion-related mortality rate. The safety of induced abortion as practiced in the United States for the past decade met or exceeded expectations for outpatient surgical procedures and compared favorably to that of two common nonmedical voluntary activities. The new legislation restricting abortion is unnecessary; indeed, by reducing the geographic distribution of abortion providers and requiring women to travel farther for the procedure, these laws are potentially detrimental to women's health. Copyright © 2014 Elsevier Inc. All rights reserved.

  11. Case law

    International Nuclear Information System (INIS)

    2012-01-01

    This section gathers the following case laws: 1 - Canada: Judicial review of Darlington new nuclear power plant project; Appeal decision upholding criminal convictions related to attempt to export nuclear-related dual-use items to Iran: Her Majesty the Queen V. Yadegari; 2 - European Commission: Greenland cases; 3 - France: Chernobyl accident - decision of dismissal of the Court of Appeal of Paris; 4 - Slovak Republic: Aarhus Convention compliance update; 5 - United States: Judgement of a US court of appeals upholding the NRC's dismissal of challenges to the renewal of the operating licence for Oyster Creek Nuclear Generating Station; reexamination of the project of high-level waste disposal site at Yucca Mountain

  12. Regulating chemicals: law, science, and the unbearable burdens of regulation.

    Science.gov (United States)

    Silbergeld, Ellen K; Mandrioli, Daniele; Cranor, Carl F

    2015-03-18

    The challenges of regulating industrial chemicals remain unresolved in the United States. The Toxic Substances Control Act (TSCA) of 1976 was the first legislation to extend coverage to the regulation of industrial chemicals, both existing and newly registered. However, decisions related to both law and science that were made in passing this law inevitably rendered it ineffectual. Attempts to fix these shortcomings have not been successful. In light of the European Union's passage of innovative principles and requirements for chemical regulation, it is no longer possible to deny the opportunity and need for reform in US law and practice.

  13. STATE`S EVIDENCE AND FUNDAMENTAL RIGHTS OF THE PASSIVE SUBJECT OF CRIMINAL PERSECUTION AS A RESULT OF THE REGULATION INSERTED IN LAW 12.850/2013

    Directory of Open Access Journals (Sweden)

    Américo Bedê Freire Júnior

    2017-05-01

    Full Text Available The Criminal Law - and the Procedural Law that takes care of its effectiveness - works, at the same time, as a mechanism available to the State to realize its punitive power and as a limit to the exercise of this same power. This second meaning represents what has been called the humanization of criminal law, marked by the understanding of several rights and guarantees intended to protect the subject of criminal prosecution. The institute of state`s evidence, as an unorthodox method, used especially in the fight against organized crime, raised expressive mistrust in the doctrine about its compatibility with the current system of rights and guarantees designed in the Federal Constitution, so that references to the institute as police practice, exceptional, responsible for the involution of Criminal Law, are very common. However, especially since the advent of the new legislation to combat organized crime, the state`s evidence has gained new theoretical and practical inspiration in Brazil, with wide acceptance of jurisprudence, recommending that it be appreciated with accuracy not only its theoretical aspects, but also the criticisms relevance.

  14. International institutional law unity within diversity

    CERN Document Server

    Schermers, Henry G

    2011-01-01

    In recent years there has been a resurgence of interest in the law of public international organizations. This fifth, revised edition of International Institutional Law covers the most recent developments in the field. Although public international organizations such as the United Nations, the World Trade Organization, the World Health Organization, ASEAN, the European Union and other organizations have broadly divergent objectives, powers, fields of activity and numbers of member states, they also share a wide variety of institutional problems. Rather than being a handbook for specific organizations, the book offers a comparative analysis of the institutional law of international organizations. It includes comparative chapters on the rules and practices concerning membership, institutional structure, decision-making, financing, legal order, supervision and sanctions, legal status and external relations. The books theoretical framework and extensive use of case-studies is designed to appeal to both academics ...

  15. The United Kingdom: Issues for the United States

    National Research Council Canada - National Science Library

    Archick, Kristin

    2007-01-01

    ...; and more recently, from the UK's strong support in countering terrorism and confronting Iraq. The United States and Britain also share a mutually beneficial trade and economic relationship, and are each other's biggest foreign direct investors...

  16. 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.

  17. Equal Protection Under the Law: Do Female Justices have a Different Voice?

    Directory of Open Access Journals (Sweden)

    Katherine Jorgensen

    2012-01-01

    Full Text Available As women take on a continuously larger role in the legal field, it has become tremendously important to study and understand the impact women are having on the judicial system. This work explores the role of women in the judiciary. Specifically, I examine the Supreme Court of the United States to find out whether women’s jurisprudence differs from that of their male colleagues. For this paper, I limit my examination to cases involving equal protection under the law. The theory I employ is that of Carol Gilligan, who argues that across many realms, women have a uniquely different voice than men (1982. Through a quantitative analysis of 49 cases dealing with issues of equal protection under the law, I show that Gilligan’s theory helps us understand how cases are decided in the United States Supreme Court. Additionally, I show how the “Different Voice” model improves upon existing models of judicial decision making by Lee Epstein, Jeffrey Segal, and Harold Spaeth. This paper expands current gender and politics literature, which had previously used Gilligan’s insights to examine U.S. state legislatures, by analyzing decision making in the Supreme Court. This paper thus illustrates that women, due to their unique life experiences, have a different understanding of the law in regards to equality and equal protection under the law.

  18. Radiation therapy facilities in the United States

    International Nuclear Information System (INIS)

    Ballas, Leslie K.; Elkin, Elena B.; Schrag, Deborah; Minsky, Bruce D.; Bach, Peter B.

    2006-01-01

    Purpose: About half of all cancer patients in the United States receive radiation therapy as a part of their cancer treatment. Little is known, however, about the facilities that currently deliver external beam radiation. Our goal was to construct a comprehensive database of all radiation therapy facilities in the United States that can be used for future health services research in radiation oncology. Methods and Materials: From each state's health department we obtained a list of all facilities that have a linear accelerator or provide radiation therapy. We merged these state lists with information from the American Hospital Association (AHA), as well as 2 organizations that audit the accuracy of radiation machines: the Radiologic Physics Center (RPC) and Radiation Dosimetry Services (RDS). The comprehensive database included all unique facilities listed in 1 or more of the 4 sources. Results: We identified 2,246 radiation therapy facilities operating in the United States as of 2004-2005. Of these, 448 (20%) facilities were identified through state health department records alone and were not listed in any other data source. Conclusions: Determining the location of the 2,246 radiation facilities in the United States is a first step in providing important information to radiation oncologists and policymakers concerned with access to radiation therapy services, the distribution of health care resources, and the quality of cancer care

  19. 75 FR 13345 - Pricing for Certain 2010 United States Mint Products

    Science.gov (United States)

    2010-03-19

    ... DEPARTMENT OF THE TREASURY United States Mint Pricing for Certain 2010 United States Mint Products AGENCY: United States Mint, Department of the Treasury. ACTION: Notice. SUMMARY: The United States Mint is announcing the price of the 2010 United States Mint Presidential $1 Coin and First Spouse Medal...

  20. Federalism and managed care: introductory comments to the American Association of Law Schools' Section on Law, Medicine and Health Care on the role of the states in managed care regulation.

    Science.gov (United States)

    Blum, J D

    1999-01-01

    This section of the Annals of Health Law represents a compilation of materials concerning the state regulation of managed care. The following materials were first presented at the annual meeting of the American Association of Law Schools ("AALS"), Section on Law, Medicine and Health Care in January 1999. Chairman John Blum introduces the subject and questions the dual role assumed by state and federal authorities in regulating managed care.

  1. Intergenerational educational mobility in Denmark and the United States

    DEFF Research Database (Denmark)

    Andrade, Stefan Bastholm; Thomsen, Jens-Peter

    2018-01-01

    An overall finding in comparative mobility studies is that intergenerational mobility is greater in Scandinavia than in liberal welfare-state countries like the United States and United Kingdom. However, in a recent study, Landersø and Heckman (L & H) (2017) argue that intergenerational educational...... mobility in Denmark and the United States is remarkably similar. L & H’s findings run contrary to widespread beliefs and have been echoed in academia and mass media on both sides of the Atlantic Ocean. In this article, we reanalyze educational mobility in Denmark and the United States using the same data...... sources as L & H. We apply several different methodological approaches from economics and sociology, and we consistently find that educational mobility is higher in Denmark than in the United States....

  2. Volunteer Flying Organizations: Law Enforcements Untapped Resource

    Science.gov (United States)

    2016-12-01

    World War II, women in the United States turned manpower into woman power as housewives across the nation took manufacturing jobs building bombers...delineates responsibilities for the entire volunteer organization. Safety -first Flying Culture CHP CHP’s first- class safety program uses the most...civilian pilots to augment law enforcement based aviation operations. This thesis uses recommendations of the Public Safety Aviation Accreditation

  3. Toll Facilities in the United States

    Data.gov (United States)

    Department of Transportation — Biennial report containing selected information on toll facilities in the United States that has been provided to FHWA by the States and/or various toll authorities...

  4. Third Semiannual Report to the Congress by the United States Atomic Energy Commission, February 2, 1948

    Energy Technology Data Exchange (ETDEWEB)

    Lilienthal, David E.; Bacher, Robert F.; Pike, Sumner T.; Strauss, Lewis L.; Waymack, William W.

    1948-02-02

    The document includes the letter of submittal and the third semiannual report. These reports are called for pursuant to Section 17 of the Atomic Energy Act of 1946. The letter of submittal was titled ''Letter from the Chairman and Members of the United States Atomic Energy Commission transmitting pursuant to law the third semiannual report of the Atomic Energy Commission''. It was authored by David E. Lilienthal, Chairman, and Robert F. Bacher, Sumner T. Pike, Lewis L. Strauss, and William W. Waymack of the AEC.

  5. State nuclear initiatives in the United States

    International Nuclear Information System (INIS)

    Strauss, P.L.; Stoiber, C.R.

    1977-01-01

    The paper deals with State nuclear initiatives regarding the role of nuclear power in the energy future of the United States. The question of whether and under what circumstances nuclear facilities should be used to generate electricity was put to the popular vote in several States in 1976. Some general principles of Federal-State relations are discussed with specific reference to nuclear regulations. The initiative mechanism itself is described as well as its legal form and background. The parallel developments in the State and Federal legislative consideration of nuclear issues is reviewed and the suggested reasons for the defeat of the proposals in the seven States concerned are discussed. Finally, the author draws some conclusions on the effects of the 1976 initiatives on future decision-making in the US on energy policy in general and nuclear power in particular. (NEA) [fr

  6. State Indoor Tanning Laws and Prevalence of Indoor Tanning Among US High School Students, 2009-2015.

    Science.gov (United States)

    Qin, Jin; Holman, Dawn M; Jones, Sherry Everett; Berkowitz, Zahava; Guy, Gery P

    2018-07-01

    To examine the association between state indoor tanning laws and indoor tanning behavior using nationally representative samples of US high school students younger than 18 years. We combined data from the 2009, 2011, 2013, and 2015 national Youth Risk Behavior Surveys (n = 41 313) to analyze the association between 2 types of state indoor tanning laws (age restriction and parental permission) and the prevalence of indoor tanning during the 12 months before the survey, adjusting for age, race/ethnicity, and survey year, and stratified by gender. Age restriction laws were associated with a 47% (P tanning prevalence among female high school students. Parental permission laws were not found to be associated with indoor tanning prevalence among either female or male high school students. Age restriction laws could contribute to less indoor tanning, particularly among female high school students. Such reductions may reduce the health and economic burden of skin cancer.

  7. X-ray core states, atomic size and Moseley's law

    International Nuclear Information System (INIS)

    Smith, D.Y.; Karstens, William

    2000-01-01

    Vinti's dipolar sum-rule for the spatial extent of quantum states was tested on atomic K-shell and ns valence states. Agreement between radii derived from absorption spectra and from atomic-structure calculations is excellent, provided Pauli-principle-prohibited transitions are accounted for. These many-electron corrections to the single-electron sum-rule contributed less than 20% to the radii, which supports application of single-electron rules to electron-excess defects as a first approximation. We found the oscillator strength for K-shell excitations decreases rapidly with atomic number because of strength transfer to higher-lying p states. Hence, K-shell contributions to radiation damage decrease with increasing atomic number. A new interpretation of Moseley's law for the X-ray K edge in terms of K-shell radii is described

  8. Lawful Permanent Residents Fiscal Year 2015 Core Based Statistical Area (CBSA) of Residence

    Data.gov (United States)

    Department of Homeland Security — Lawful permanent residents (LPRs) are foreign nationals who have been granted the right to reside permanently in the United States. LPRs are also known as 'permanent...

  9. Lawful Permanent Residents Fiscal Year 2016 Core Based Statistical Area (CBSA) of Residence

    Data.gov (United States)

    Department of Homeland Security — Lawful permanet residents (LPRs) are foreign nationals who have been gratned the right to reside permanently in the United States. LPRs are also known as 'permanent...

  10. Lawful Permanent Residents Fiscal Year 2011 Core Based Statistical Area (CBSA) of Residence

    Data.gov (United States)

    Department of Homeland Security — Lawful permanent residents (LPRs) are foreign nationals who have been granted the right to reside permanently in the United States. LPRs are also known as 'permanent...

  11. Lawful Permanent Residents Fiscal Year 2014 Core Based Statistical Area (CBSA) of Residence

    Data.gov (United States)

    Department of Homeland Security — Lawful permanent residents (LPRs) are foreign nationals who have been granted the right to reside permanently in the United States. LPRs are also known as 'permanent...

  12. 27 CFR 479.89 - Transfers to the United States.

    Science.gov (United States)

    2010-04-01

    ... Transfers to the United States. A firearm may be transferred to the United States or any department... 27 Alcohol, Tobacco Products and Firearms 3 2010-04-01 2010-04-01 false Transfers to the United States. 479.89 Section 479.89 Alcohol, Tobacco Products, and Firearms BUREAU OF ALCOHOL, TOBACCO...

  13. Lawful Permanent Residents - Annual Report

    Data.gov (United States)

    Department of Homeland Security — A lawful permanent resident (LPR) or 'green card' recipient is defined by immigration law as a person who has been granted lawful permanent residence in the United...

  14. 32 CFR 516.54 - Witnesses for the United States.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 3 2010-07-01 2010-07-01 true Witnesses for the United States. 516.54 Section..., Travel, and Expenses of Witnesses § 516.54 Witnesses for the United States. (a) Status of witness. A military member authorized to appear as a witness for the United States, including those authorized to...

  15. 32 CFR 150.21 - Appeals by the United States.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 1 2010-07-01 2010-07-01 false Appeals by the United States. 150.21 Section 150... the United States. (a) Restricted filing. Only a representative of the government designated by the Judge Advocate General of the respective service may file an appeal by the United States under Article...

  16. Domestic Violence and Family Law: Criminological Concerns

    Directory of Open Access Journals (Sweden)

    Molly Dragiewicz

    2014-04-01

    Full Text Available The battered women’s movement in the United States contributed to a sweeping change in the recognition of men’s violence against female intimate partners. Naming the problem and arguing in favor if its identification as a serious problem meriting a collective response were key aspects of this effort. Criminal and civil laws have been written and revised in an effort to answer calls to take such violence seriously. Scholars have devoted significant attention to the consequences of this reframing of violence, especially around the unintended outcomes of the incorporation of domestic violence into criminal justice regimes. Family law, however, has remained largely unexamined by criminologists. This paper calls for criminological attention to family law responses to domestic violence and provides directions for future research.

  17. 27 CFR 478.24 - Compilation of State laws and published ordinances.

    Science.gov (United States)

    2010-04-01

    ... published ordinances. (a) The Director shall annually revise and furnish Federal firearms licensees with a... Director annually revises the compilation and publishes it as “State Laws and Published Ordinances—Firearms... and published ordinances. 478.24 Section 478.24 Alcohol, Tobacco Products, and Firearms BUREAU OF...

  18. State and supplementary civil liability insurance: the example of swiss nuclear liability law

    International Nuclear Information System (INIS)

    Buehlmann, W.A.

    1993-01-01

    This paper describes State guarantee and nuclear liability insurance which has been established, in Switzerland, after the vote of the law of 18 march 1983: Civil liability of nuclear operator has no limitations for nuclear damages compensations. The coverage is given by private insurance and State guarantee. 1 tab

  19. United States housing, first quarter 2013

    Science.gov (United States)

    Delton Alderman

    2014-01-01

    Provides current and historical information on housing market in the United States. Information includes trends for housing permits and starts, housing under construction, and housing completions for single and multifamily units, and sales and construction. This report will be updated regularly.

  20. Law Enforcement Use of Threat Assessments to Predict Violence

    Science.gov (United States)

    Wood, Tracey Michelle

    2016-01-01

    The purpose of this qualitative, descriptive multiple case study was to explore what process, policies and procedures, or set of empirically supported norms governed law enforcement officers in a selected county in the southwest region of the United States when threat assessments were conducted on potentially violent subjects threatening mass…