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Jurisdictions
Kinds of Jurisdictions Selected AbstractsALGONQUIN NOTIONS OF JURISDICTION: INSERTING INDIGENOUS VOICES INTO LEGAL SPACESGEOGRAFISKA ANNALER SERIES B: HUMAN GEOGRAPHY, Issue 3 2006Bettina Koschade ABSTRACT. Aboriginal and non-Aboriginal notions of geography, nature and space sometimes compete, and these differences can create barriers to joint environmental problem-solving. This paper examines the Ardoch Algonquin First Nation and Allies (AAFNA) and the strategies they used in juridical and legislative settings to make their voices heard. In the Tay River Ontario Environmental Review Tribunal (2000,2002), AAFNA attempted to introduced their knowledge of the environmental deterioration which would be caused by a Permit To Take Water issued to a multinational corporation by the Ontario Ministry of Environment. The paper is divided into two parts: first, it describes the concepts of Algonquin knowledge, jurisdiction and responsibility; second, it explores the strategies used to integrate their perspective into legal proceedings constructed by the Canadian government. This case reveals how some Algonquin people conceive of space and responsibility in deeply ecological, rather than narrowly juridical, terms. It establishes that their broad concepts of knowledge, land and jurisdiction are incompatible with existing Euro-Canadian divisions of legal responsibility and ecological knowledge, but at the same time can serve as the means by which they challenge the current structure of Aboriginal and Canadian relations. [source] TEACHING PERSONAL JURISDICTION: A "REAL WORLD" EXAMPLE OF THE EVOLUTION OF THE LAWJOURNAL OF LEGAL STUDIES EDUCATION, Issue 1 2002Jordan M. Blanke [source] THE POLITICAL ECONOMY OF OVERLAPPING JURISDICTIONS AND THE FRENCH/DUTCH REJECTION OF THE EU CONSTITUTIONECONOMIC AFFAIRS, Issue 1 2006Jean-Luc Migué In seeking to protect their failed social model by rejecting the EU constitution, French and Dutch voters ironically contributed to promoting the very ,liberal' order they misunderstand and despise. When, as in federalist politics, functions overlap, two levels of government compete for the same votes in the same territory in the supply of similar services. Not unlike the tragedy of the commons in oil extraction, it is in the interest of both political authorities to seek to gain votes in implementing the programme first. The overall equilibrium supply of public services is excessive and both levels of government have a tendency to invade every field. Short of effective constitutional limits on the powers of the central government, a more decentralised EU offers an opportunity to overcome the common-pool problem of multi-level government. [source] Got a Right to the Tree of Life Religious Jurisdiction, Religious Infrastructures, and Urban Religious TerritoryCROSSCURRENTS, Issue 3 2008David D. Daniels III [source] The (Mis)Uses of Detention and the Impact of Bed Space in One JurisdictionJUVENILE AND FAMILY COURT JOURNAL, Issue 3 2002LISA J. BOND-MAUPIN PH.D ABSTRACT Analysis of booking data prior to and following the opening of a new facility doubling available bed space reveals that 53.0% of detentions end prior to or at a detention hearing, charges for 48.8% of bookings are for technical violations of probation or status offenses only, and that 62.5% of bookings are for a combination of the prior two offense and other minor offenses. These trends as well as the actual number of youths detained increased with the move into a new facility with twice the bed space. The data suggest that detention is frequently used as shelter and/or punishment even though a juvenile does not technically represent a threat to self, community, or of absconding. [source] Constitutional Jurisdiction and the Consolidation of DemocracyPOLITICS & POLICY, Issue 1 2009DIETER NOHLEN This lecture elaborates on the kind of relationship that exists between constitutional jurisdiction and democratic consolidation by applying the comparative method to cover Latin American political,and especially judicial,systems. The argument is that constitutional jurisdiction is influenced by the very same factors that either favor or constrain democratic consolidation and that it exerts no negative influence over democratic consolidation. However, Nohlen identifies patterns of behavior that both judges and politicians are encouraged to adopt that strengthen the judiciary, and with it democratic stability, by fostering among the citizenry a culture of constitutionality. Nohlen also hopes to show that departures from those patterns of behavior even while conditions for democratic consolidation have not been terribly adverse, can be identified in the behavior of key actors in the period preceding and throughout, the populist turn that is now affecting Ecuadorean, Venezuelan, and Bolivian politics. [source] Structure and Opportunity: Committee Jurisdiction and Issue Attention in CongressAMERICAN JOURNAL OF POLITICAL SCIENCE, Issue 4 2006Adam D. Sheingate This article explores how the congressional committee system shapes the dynamics of issue attention. Consisting of what is referred to as a congressional opportunity structure, it describes how committee jurisdictions provide an important institutional context for the attention paid to new issues in congressional hearings. This is illustrated through an examination of congressional attention to biotechnology over a 30-year period. This article finds that committees with broader jurisdictions were more active in biotechnology than committees with a narrow policy remit. However, these institutional effects varied widely, even within a single policy domain. This variation suggests that issue attention depends on the degree of fit between issue characteristics and the congressional opportunity structure. More broadly, the findings here illustrate the virtues of public policy research in studies of Congress. [source] Appeals Court Rejects Federal Jurisdiction Over Chiropractors Challenge to Medicare Coverage- Am.THE JOURNAL OF LAW, MEDICINE & ETHICS, Issue 2 2006Chiropractic Ass'n, Inc. v. Leavitt No abstract is available for this article. [source] Commentary: Has Australia (or Any Other Jurisdiction) ,Adopted' IFRS?1AUSTRALIAN ACCOUNTING REVIEW, Issue 2 2010Stephen A. Zeff This paper replies to a statement made in this journal that ,Australia definitely adopts IFRSs'. We analyse and compare the several methods that jurisdictions can use to implement International Financial Reporting Standards (IFRS). These include adopting the International Accounting Standards Board's (IASB) process of setting standards, as well as various forms of standard-by-standard implementation. We conclude that the Australian method of implementation is different in major ways from those used in such countries as Israel and South Africa, which involve adopting the IASB's process. By contrast, Australia follows a multi-step process of enrolling each new standard into a category still entitled ,Australian Accounting Standards'. To refer to the Australian method as ,adoption' of IFRS might therefore mislead, even though Australian companies eventually comply with IFRS. [source] DISRUPTING ILLEGAL FIREARMS MARKETS IN BOSTON: THE EFFECTS OF OPERATION CEASEFIRE ON THE SUPPLY OF NEW HANDGUNS TO CRIMINALS,CRIMINOLOGY AND PUBLIC POLICY, Issue 4 2005ANTHONY A. BRAGA Research Summary: The question of whether the illegal firearms market serving criminals and juveniles can be disrupted has been vigorously debated in policy circles and in the literature on firearms and violence. To the extent that prohibited persons, in particular, are supplied with guns through systematic gun trafficking, focused regulatory and investigative resources may be useful in disrupting the illegal supply of firearms to criminals. In Boston, a gun market disruption strategy was implemented that focused on shutting down illegal diversions of new handguns from retail sources. Multivariate regression analyses were used to estimate the effects of the intervention on new handguns recovered in crime. Our results suggest that focused enforcement efforts, guided by strategic analyses of ATF firearms trace data, can have significant impacts on the illegal supply of new handguns to criminals. Policy Implications: The problem-oriented policing approach provides an appropriate framework to uncover the complex mechanisms at play in illicit firearms markets and to develop tailor-made interventions to disrupt the illegal gun trade. Strategic enforcement programs focused on the illegal diversion of new firearms from primary markets can reduce the availability of new guns to criminals. However, the extent to which criminals substitute older guns for new guns and move from primary markets to secondary markets in response to an enforcement strategy focused on retail outlets remains unclear. Our evaluation also does not provide policy makers with any firm evidence on whether supply-side enforcement strategies have any measurable impacts on gun violence. Jurisdictions suffering from gun violence problems should implement demand-side violence prevention programs to complement their supply-side efforts. [source] National Judges, Community Judges: Invitation to a Journey through the Looking-glass,On the Need for Jurisdictions to Rethink the Inter-systemic Relations beyond the Hierarchical PrincipleEUROPEAN LAW JOURNAL, Issue 6 2008Florence Giorgi The historical conflict between the European Court of Justice (ECJ) and the national constitutional courts regarding primacy is a misunderstanding. In going through the looking-glass, we can understand that, on the contrary, the ECJ and the national constitutional courts adopt comparable solutions in their treatment of legal pluralism, and that they see the negation of pluralism as essential for the survival of their own legal orders. Therefore, these judges must be offered a new theoretical context to help them reconcile their role as supreme guardian with the taking into account of the pluralist context. Finally, practical proposals must be made to give judges the instruments and techniques that are capable of reflecting this plural structure. [source] Coding Response to a Case-Mix Measurement System Based on Multiple DiagnosesHEALTH SERVICES RESEARCH, Issue 4p1 2004Colin Preyra Objective. To examine the hospital coding response to a payment model using a case-mix measurement system based on multiple diagnoses and the resulting impact on a hospital cost model. Data Sources. Financial, clinical, and supplementary data for all Ontario short stay hospitals from years 1997 to 2002. Study Design. Disaggregated trends in hospital case-mix growth are examined for five years following the adoption of an inpatient classification system making extensive use of combinations of secondary diagnoses. Hospital case mix is decomposed into base and complexity components. The longitudinal effects of coding variation on a standard hospital payment model are examined in terms of payment accuracy and impact on adjustment factors. Principal Findings. Introduction of the refined case-mix system provided incentives for hospitals to increase reporting of secondary diagnoses and resulted in growth in highest complexity cases that were not matched by increased resource use over time. Despite a pronounced coding response on the part of hospitals, the increase in measured complexity and case mix did not reduce the unexplained variation in hospital unit cost nor did it reduce the reliance on the teaching adjustment factor, a potential proxy for case mix. The main implication was changes in the size and distribution of predicted hospital operating costs. Conclusions. Jurisdictions introducing extensive refinements to standard diagnostic related group (DRG)-type payment systems should consider the effects of induced changes to hospital coding practices. Assessing model performance should include analysis of the robustness of classification systems to hospital-level variation in coding practices. Unanticipated coding effects imply that case-mix models hypothesized to perform well ex ante may not meet expectations ex post. [source] Optimal Jurisdictions and the Economic Theory of the State: Or, Anarchy and One-World Government Are Only Corner SolutionsAMERICAN JOURNAL OF ECONOMICS AND SOCIOLOGY, Issue 1 2010Laurence S. Moss First page of article [source] Protection Against Judicially Compelled Disclosure of the Identity of News Gatherers' Confidential Sources in Common Law JurisdictionsTHE MODERN LAW REVIEW, Issue 6 2006Janice Brabyn In many common law liberal democracies today, news gatherers are resisting efforts to use the powers of the courts to compel them to identify their confidential sources. Often the struggles are epic. Often the public interest in effective news gathering fuelling the vitality of a modern liberal democracy is insufficiently recognised. The article uses recent cases to spotlight the shortfalls in the approach and legacy of the common law in dealing with news gatherer/confidential source relationships. Post Human Rights Act English decisions, especially that of Tugendhat J in Ackroyd, combining European style commitment to the public interest in vigorous newsgathering with common law style analysis of evidence, point the way to a more effective approach. US and Hong Kong cases remind news gatherers of their public interest responsibilities. [source] THE APPRENDI-BLAKELY CASES: SENTENCING REFORM COUNTER REVOLUTION?CRIMINOLOGY AND PUBLIC POLICY, Issue 3 2007RICHARD S. FRASE Recent Supreme Court decisions have extended jury trial rights and beyond-reasonable-doubt proof standards to certain sentence-enhancement facts. The first two cases, Apprendi v. New Jersey and Ring v. Arizona, were narrow in scope and relatively uncontroversial. But Blakely v. Washington marked a substantial expansion of the rationale and scope of Apprendi, and threatened to invalidate entire sentencing reform systems, both legally-binding guidelines of the type at issue in Blakely and it's sequel, Booker v. United States, and statutory determinate sentence systems like the one invalidated in Cunningham v. California. Each of these decisions has potential effects not only on sentencing severity and disparity in the cases controlled by that decision, but also on prosecutorial, legislative, and sentencing commission measures designed to comply with the decision, avoid it, and/or mitigate its impact. Field resistance and avoidance measures are likely to be stronger in jurisdictions where the existing sentencing system enjoyed broad support; in such jurisdictions, resistance may be particularly strong to the more controversial Blakely ruling. Impact assessments must therefore carefully distinguish the separate impacts of Apprendi and Blakely in each jurisdiction being studied, and the extent of support for the existing sentencing system. Such assessments should also examine pre-existing trends and other independent sources of change; leadership by sentencing commissions or other officials in crafting responsive measures; structural and other features of the sentencing system which render compliance more or less difficult; and second-stage effects, on sentencing, prosecutorial, or sentencing policy decisions, that reflect the prior compliance, avoidance, and mitigation measures adopted in that jurisdiction. The greatest long-term effects may be on prosecutorial, legislative, and commission decisions, rather than on sentencing outcomes. [source] Linked electronic medication systems in community pharmacies for preventing pseudoephedrine diversion: A review of international practice and analysis of results in AustraliaDRUG AND ALCOHOL REVIEW, Issue 6 2009CONSTANTINE G. BERBATIS Abstract Introduction and Aims. Pseudoephedrine is a precursor often diverted into the illegal manufacture of amphetamine type substances (ATS). The aim of this study was to evaluate the effectiveness of a linked electronic medication recording system (LEMS) established in Australian pharmacies in 2005 for preventing the diversion of pseudoephedrine. Design and Methods. The number of illegal ATS laboratories detected in each jurisdiction of Australia from 1996,1997 to 2004,2005 were analysed by linear regression nationally and by each jurisdiction. The statistical significance of seizures in 2005,2006 was based on the comparison of the observed value to the 95% prediction confidence intervals calculated from the historical data for each jurisdiction and nationally. Results. Pharmacies in Queensland commenced an LEMS in late 2005 to minimise retail pseudoephedrine diversion. The number of ATS laboratories seized in 2005,2006 in Queensland was significantly lower (P < 0.05) than predicted by historical data. For all other jurisdictions and nationally the totals of laboratories seized in 2005,2006 were not significantly different from predicted values. Discussion and Conclusions. The significant decline in ATS illegal laboratories seized in Queensland in 2005,2006 suggests the effective use of LEMS in pharmacies to minimise pseudoephedrine diversion. In order to evaluate a national LEMS, more frequent data on numbers of linked pharmacies, ATS laboratories seized and indicators of pseudoephedrine sales and misuse are required. Testing the use of LEMS by pharmacies for preventing the diversion of other medicines seems appropriate.[Berbatis CG, Sunderland VB, Dhaliwal SS. Linked electronic medication systems in community pharmacies for preventing pseudoephedrine diversion: A review of international practice and analysis of results in Australia. Drug Alcohol Rev 2009] [source] SPECIAL SECTION: EVALUATION OF THE WESTERN AUSTRALIAN CANNABIS INFRINGEMENT NOTICE SCHEME,PHASE 1: Community attitudes towards cannabis law and the proposed Cannabis Infringement Notice scheme in Western AustraliaDRUG AND ALCOHOL REVIEW, Issue 4 2005JAMES FETHERSTON Abstract Western Australia (WA) became the fourth Australian jurisdiction to adopt a prohibition with civil penalties scheme for minor cannabis offences when its Cannabis Infringement Notice (CIN) scheme became law on 22 March 2004. Previous criminological research has demonstrated the importance of public attitudes towards the law in determining the effectiveness of legislation. This survey represents the first phase of a pre-post study that attempted to gauge public attitudes towards the legal status of cannabis, the proposed legislative reforms surrounding the drug and their likely effects. A random telephone survey of 809 members of the WA population was conducted prior to the implementation of the new laws with a view to exploring contemporary views of the existing legal status of cannabis, attitudes to the proposed legislative model and respondent perceptions of its likely effects. Despite cannabis being viewed negatively by large numbers of the sample, criminal penalties for minor cannabis offences were viewed as inappropriate and ineffective. Once explained, the proposed civil penalty scheme was viewed as ,a good idea' by 79% of the sample, despite significant differences due to personal experience of cannabis use, political affiliation, religiosity and age of offspring. Most believed that the legislative change would not result in changes to levels of cannabis use (70%) or ease of obtaining cannabis (59%). These data suggest that prior to its implementation the new legislation was highly acceptable to the majority of the community. These baseline data will be compared with data to be collected at the post-change phase of the study to allow empirical observations of attitudinal and behavioural changes occurring in the community. [source] A tale of CIN,the Cannabis Infringement Notice scheme in Western AustraliaADDICTION, Issue 5 2010Simon Lenton ABSTRACT Aims To describe the development and enactment of the Western Australian (WA) Cannabis Infringement Notice scheme and reflect on the lessons for researchers and policy-makers interested in the translation of policy research to policy practice. Methods An insiders' description of the background research, knowledge transfer strategies and political and legislative processes leading to the enactment and implementation of the WA Cannabis Control Act 2003. Lenton and Allsop were involved centrally in the process as policy-researcher and policy-bureaucrat. Results In March 2004, Western Australia became the fourth Australian jurisdiction to adopt a ,prohibition with civil penalties' scheme for possession and cultivation of small amounts of cannabis. We reflect upon: the role of research evidence in the policy process; windows for policy change; disseminating findings when apparently no one is listening; the risks and benefits of the researcher as advocate; the differences between working on the inside and outside of government; and the importance of relationships, trust and track record. Conclusions There was a window of opportunity and change was influenced by research that was communicated by a reliable and trusted source. Those who want to conduct research that informs policy need to understand the policy process more clearly, look for and help create emerging windows that occur in the problem and political spheres, and make partnerships with key stakeholders in the policy arena. The flipside of the process is that, when governments change, policy born in windows of opportunity can be a casualty. [source] Foreign direct investment and the dark side of decentralizationECONOMIC POLICY, Issue 49 2007Sebastian G. Kessing SUMMARY Fiscal decentralization VERTICAL, HORIZONTAL, AND FDI Both in the developed and developing world, decentralization of fiscal policy is frequently argued to foster investment, because allowing investors to choose between competing locations should make it difficult for each jurisdiction to tax the investment's returns. We point out that this ,horizontal' dimension of decentralization cannot eliminate ex post incentives to tax investments once they are irreversibly located in a jurisdiction, and that the negative ex ante investment effects of such ,hold up' problems are actually stronger when decentralization inevitably leads to multiple levels of taxation power in each location. Empirically, we detect significant negative effects on FDI of the ,vertical' dimension of decentralization, measured by the number of government layers, in a data set containing many countries and many suitable control variables. Indicators of overall fiscal decentralization do not appear to affect the investment climate negatively per se, but our theoretical arguments and empirical results suggest that policymakers should consider very carefully the form and degree of government decentralization if they aim at improving the investment climate. , Sebastian G. Kessing, Kai A. Konrad and Christos Kotsogiannis [source] Liability Risk for Outside Directors: a Cross-Border AnalysisEUROPEAN FINANCIAL MANAGEMENT, Issue 2 2005Bernard Black G34; G38 Abstract Much has been said recently about the risky legal environment in which outside directors of public companies operate, especially in the USA, but increasingly elsewhere as well. Our research on outside director liability suggests, however, that directors' fears are largely unjustified. We examine the law and lawsuit outcomes in four common law countries (Australia, Canada, Britain, and the USA) and three civil law countries (France, Germany, and Japan). The legal terrain and the risk of ,nominal liability'(a court finds liability or the defendants agree to a settlement) differ greatly depending on the jurisdiction. But nominal liability rarely turns into ,out-of-pocket liability,' in which the directors pay personally damages or legal fees. Instead, damages and legal fees are paid by the company, directors' and officers'(D&O) insurance, or both. The bottom line: outside directors of public companies face a very low risk of out-of-pocket liability. We sketch the political and market forces that produce functional convergence in outcomes across countries, despite large differences in law, and suggest reasons to think that this outcome might reflect sensible policy. [source] Judicial Review of European Anti-Terrorism Measures,The Yusuf and Kadi Judgments of the Court of First InstanceEUROPEAN LAW JOURNAL, Issue 1 2008Christina Eckes It accepted that the Community uses its competence to adopt state sanctions in combination with Article 308 EC to freeze the assets of civil persons, including European citizens. The court also reduced its jurisdiction to a basic scrutiny of whether jus cogens was violated. The Court of First Instance's decisions can be criticised on various grounds. First, the application of these Articles is contrary to the wording of the Treaty and the case-law of the European Court of Justice (ECJ). Further, as a consequence of the Court of First Instance's judgments, decisions of the UN Sanctions Committee become the supreme law within the EU, provided they meet the requirements of jus cogens as defined by the Court of First Instance. In addition, the individual is deprived of all fundamental rights guaranteed under European law. [source] MAKING FAMILIES AND CHILDREN A HIGH PRIORITY IN THE COURTSFAMILY COURT REVIEW, Issue 4 2002California's Center for Families, Children & the Courts This article describes the California Administrative Office of the Court's (AOC's) Center for Families, Children & the Courts (CFCC). CFCC is an interdisciplinary unit that brings together all of the AOC's work on statewide policies and practices related to families and children in the court system. CFCC thus models the unified family court model within the state AOC. CFCC's projects and activities are described to show the effectiveness of its multidisciplinary and collaborative approach in addressing complex policy and practice issues. It is hoped that readers may discover aspects of CFCC's work that could be adapted to their own jurisdiction or practice. [source] Unravelling the Capital Charging Riddle , Some Empirical Evidence from VictoriaFINANCIAL ACCOUNTABILITY & MANAGEMENT, Issue 1 2003Tyrone M. Carlin Since 1995, the State of Victoria has been experimenting with capital charging regimes for budget sector agencies. The intent of these schemes is to allow the opportunity cost of capital to be reflected in the assessed total costs of outputs produced by agencies the subject of the charge. While literature produced by government central financial agencies has forcefully advocated this experiment, and asserted a range of resulting improvements to budget sector asset management and general financial management practices, academic examinations of the subject have been mixed in their conclusions. Empirical evidence relating to the effect and effectiveness of these schemes has been scarce. This paper seeks to contribute to the literature by providing some empirical evidence on the impact of capital charging in one jurisdiction, Victoria, Australia. [source] ALGONQUIN NOTIONS OF JURISDICTION: INSERTING INDIGENOUS VOICES INTO LEGAL SPACESGEOGRAFISKA ANNALER SERIES B: HUMAN GEOGRAPHY, Issue 3 2006Bettina Koschade ABSTRACT. Aboriginal and non-Aboriginal notions of geography, nature and space sometimes compete, and these differences can create barriers to joint environmental problem-solving. This paper examines the Ardoch Algonquin First Nation and Allies (AAFNA) and the strategies they used in juridical and legislative settings to make their voices heard. In the Tay River Ontario Environmental Review Tribunal (2000,2002), AAFNA attempted to introduced their knowledge of the environmental deterioration which would be caused by a Permit To Take Water issued to a multinational corporation by the Ontario Ministry of Environment. The paper is divided into two parts: first, it describes the concepts of Algonquin knowledge, jurisdiction and responsibility; second, it explores the strategies used to integrate their perspective into legal proceedings constructed by the Canadian government. This case reveals how some Algonquin people conceive of space and responsibility in deeply ecological, rather than narrowly juridical, terms. It establishes that their broad concepts of knowledge, land and jurisdiction are incompatible with existing Euro-Canadian divisions of legal responsibility and ecological knowledge, but at the same time can serve as the means by which they challenge the current structure of Aboriginal and Canadian relations. [source] LIVESTOCK VERSUS "WILD BEASTS": CONTRADICTIONS IN THE NATURAL PATRIMONIALIZATION OF THE PYRENEESGEOGRAPHICAL REVIEW, Issue 4 2009ISMAEL VACCARO ABSTRACT. The Pyrenees are becoming an environmental reservoir. The acute human depopulation experienced during the twentieth century and the progressive appropriation of large parts of the mountainous territory by the state in order to implement conservation policies have resulted in the return, via reintroduction or natural regeneration, of bears, wolves, beavers, river otters, marmots, mouflon, feral goats, and deer, among other species. This development, however, has not occurred without social and scientific controversy and leads to questions about territorialization and governmentality. Herders perceive wild animals as unregulated public property subsidized by the work of the local populace. Agriculturalists see their fields trespassed on a daily basis by animals they cannot kill because of their protected status. Ranchers, under extremely strict sanitation regulations, see their animals coming into contact with these unchecked wild populations. The work and living space of the mountain communities has fallen under the jurisdiction of external institutions and constituencies that value conservation and ecotourism above local subsistence. [source] The European Commission: The Limits of Centralization and the Perils of ParliamentarizationGOVERNANCE, Issue 3 2002Giandomenico MajoneArticle first published online: 17 DEC 200 The idea of an inevitable process of centralization in the European Community (EC)/European Union (EU) is a myth. Also, the metaphor of "creeping competences," with its suggestion of a surreptitious but continuous growth of the powers of the Commission, can be misleading. It is true that the functional scope of EC/EU competences has steadily increased, but the nature of new competences has changed dramatically, as may be seen from the evolution of the methods of harmonization. The original emphasis on total harmonization, which gives the Community exclusive competence over a given policy area, has been largely replaced by more flexible but less "communitarian" methods such as optional and minimum harmonization, reference to nonbinding technical standards, and mutual recognition. Finally, the treaties of Maastricht and Amsterdam explicitly excluded harmonization for most new competences. Thus, the expansion of the jurisdiction of the EC/EU has not automatically increased the powers of the Commission, but has actually weakened them in several respects. In addition, the progressive parliamentarization of the Commission risks compromising its credibility as an independent regulator, without necessarily enhancing its democratic legitimacy. Since the member states continue to oppose any centralization of regulatory powers, even in areas essential to the functioning of the internal market, the task of implementing Community policies should be entrusted to networks of independent national and European regulators, roughly modeled on the European System of Central Banks. The Commission would coordinate and monitor the activities of these networks in order to ensure the coherence of EC regulatory policies. More generally, it should bring its distinctive competence more clearly into focus by concentrating on the core business of ensuring the development and proper functioning of the single European market. This is a more modest role than that of the kernel of a future government of Europe, but it is essential to the credibility of the integration process and does not overstrain the limited financial and legitimacy resources available to the Commission. [source] Policy Transfer and Policy Learning: A Study of the 1991 NewZealand Health Services TaskforceGOVERNANCE, Issue 2 2000Kerry Jacobs Research into policy transfer and lesson drawing has been criticized asfew authors have convincingly shown how cross-national policy learning actually influences policy formation in a particular jurisdiction. This article addresses this gap by presenting a study of the development of the 1991 health policy in New Zealand. By studying the process of policy development, rather than just a policy document, it was possible to disaggregate different aspects of the policy and to identify sources and influences. This article finds that the ,conspiracy' model of policy formation does not fit this case as it presents an overly simplistic view, which allows little space for policy learning. This case illustrates the subtle and multifaceted influence of different jurisdictions, different institutions, and different individuals on a given policy. [source] Regulation of Injected Ground Water TracersGROUND WATER, Issue 4 2000Skelly A. Holmbeck-Pelham Ground water tracer tests are routinely performed to estimate aquifer flow and transport properties, including the determination of well capture zones, hydrogeologic parameters, and contaminant travel times. Investigators may be unaware of tracer test reporting requirements and may fail to notify their regulatory agency prior to conducting tracer tests. The injection of tracers falls under the jurisdiction of the federal Underground Injection Control (UIC) program, which regulates the introduction of substances into underground sources of drinking water as part of the Safe Drinking Water Act. The UIC program is administered by the U.S. Environmental Protection Agency (EPA) and by states with EPA-approved programs. The federal UIC program requires that tracer tests must not endanger underground sources of drinking water, and all tracer tests must be reported prior to injection. We contacted the UIC program administrator for every state in early 1997. Some states report having more stringent requirements, while some states do not meet minimum federal requirements. Although the primary responsibility for ground water tracer selection and use rests on the investigator, national guidance is required to assure compliance with the UIC program. To assist investigators, we present acceptable tracers that have been identified by two states, Nevada and South Carolina, that require no further regulatory review. [source] Public Health Emergency Preparedness at the Local Level: Results of a National SurveyHEALTH SERVICES RESEARCH, Issue 5p2 2009Elena Savoia Objective. To study the relationship between elements of public health infrastructure and local public health emergency preparedness (PHEP). Data Sources/Study Setting. National Association of County and City Health Officials 2005 National Profile of Local Health Departments (LHDs). Study Design. Cross-sectional. Principal Findings. LHDs serving larger populations are more likely to have staff, capacities, and activities in place for an emergency. Adjusting for population size, the presence of a local board of health and the LHDs' experience in organizing PHEP coalitions were associated with better outcomes. Conclusions. The results of this study suggest that more research should be conducted to investigate the benefit of merging small health departments into coalitions to overcome the inverse relationship between preparedness and population size of the jurisdiction served by the LHD. [source] The Courts of the Prior and the Bishop of Durham in the Later Middle AgesHISTORY, Issue 278 2000Cynthia J. Neville The operation of the common law in late medieval county Durham was characterized by several unique features. Among these were the independence of episcopal officials from interference from royal agents in the execution of the law, and the great variety of temporal courts found there. Within the lands of the palatinate, jurisdiction over suspects accused of felony was shared by both the bishop and the prior of Durham. The origins of this unusual division of judicial authority was an agreement dated c.1229, known as Le Convenit. It defined the relationship between the bishop, the temporal lord of the palatinate, and the prior of the Benedictine monastery in Durham who, as a landholder second only to the bishop, held a separate court for the suit of his free tenants. That relationship was often fraught with tension, for both lords were jealous of the prestige , and the revenues , incumbent on the exercise of judicial authority in their lands. This article examines the origins of Le Convenit, and the consequences of the agreement on criminal legal procedure in late medieval Durham. Successive priors of the monastery struggled tirelessly against the bishops to preserve the privileges they won in 1229, and Le Convenit remained throughout this period a potent weapon in their determination to give expression to lordly power and authority. [source] | ||||||||||||||||||||||||||||||||||||||||||||||