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Legislation
Kinds of Legislation Selected AbstractsFEDERAL LEGISLATION AND GUN MARKETS: HOW MUCH HAVE RECENT REFORMS OF THE FEDERAL FIREARMS LICENSING SYSTEM REDUCED CRIMINAL GUN SUPPLIERS?,CRIMINOLOGY AND PUBLIC POLICY, Issue 2 2002CHRISTOPHER S. KOPER Research Summary: Following reforms of the federal firearms licensing system, nearly 70% of the nation's retail gun dealers active in 1994 dropped out of business by 1998. Dropout dealers supplied one-third of guns recovered and traced by police but were linked to fewer crime guns than were other dealers, most likely because dropouts tended to be lower volume dealers. It is not clear if guns sold by dropouts had a higher probability of being used in crime, but guns supplied by dropouts did not move into criminal channels more quickly. Policy Implications: If federal reforms have reduced the availability of guns to criminals, the effect has probably been more modest than suggested by the overall reduction in dealers. Producing further reductions in the flow of guns to criminals through oversight of gun dealers will require refinement in the identification of problematic gun dealers. [source] ON THE DISTRIBUTIONAL CONSEQUENCES OF CHILD LABOR LEGISLATION*INTERNATIONAL ECONOMIC REVIEW, Issue 3 2005Dirk Krueger This article studies the effects of child labor legislation on human capital accumulation and the distribution of wealth and welfare. We calibrate our model to U.S. data circa 1880 and find that the consequences of restricting child labor or providing tax-financed education depend on the main source of individual household income. Households with significant financial assets unambiguously lose from government intervention, whereas high-wage workers benefit most from a child labor ban, and low-wage workers benefit most from free education. Introducing free education results in substantial welfare gains, whereas a child labor ban induces small welfare losses. [source] PROPERTY RIGHTS LEGISLATION AND THE POLICE POWERAMERICAN BUSINESS LAW JOURNAL, Issue 3 2000LYNDA J. OSWALD First page of article [source] KEEPING IN CONTROL: THE MODEST IMPACT OF THE EU ON DANISH LEGISLATIONPUBLIC ADMINISTRATION, Issue 1 2010JØRGEN GRØNNEGAARD CHRISTENSEN Membership of the EU and the scope of European integration are still contested issues in Danish politics. However, the impact of EU legislation on Danish legislation is relatively modest and highly concentrated within the field generally related to the regulation of the internal market. Strong upstream procedures at both the interdepartmental and the parliamentary level have been installed that effectively protect Danish policy-makers against political surprises in EU legislative politics. Upstream procedures are much stronger than the downstream ones for overseeing the implementation of EU policies and they ensure a high degree of consensus on specific EU legislation, both among the political parties in the Danish Parliament and among affected interests. As a result the transposition of directives is mainly a ministerial responsibility, and within the well-established fields of cooperation, the decree is the preferred legal instrument. [source] PRIVATE LEGISLATION AS A STRATEGY OF POLITICAL NEGOTIATIONPUBLIC ADMINISTRATION, Issue 4 2009ANAT MAOR This article contributes to the perception of the role of the legislator as political initiator in modern parliamentarianism. Most of the research literature relates to the parliament member as a ,eam player' of their faction and party. This research was conducted into the functioning of the Israeli parliament The Knesset and into private members' legislation. The article examines in an innovative way the act of legislation, not only as a judicial or procedural process but as a process of political negotiation. The concept and findings that arose from the study of the role of the legislator as initiator of bills and negotiator with the government gives important knowledge and perspective on legislation as a political negotiation process. [source] Legislation to institutionalize resources for tobacco control: the 1987 Victorian Tobacco ActADDICTION, Issue 10 2009Ron Borland ABSTRACT Aim To describe the process surrounding the creation of the first organization in the world to be funded from an earmarked tax on tobacco products, the Victorian Health Promotion Foundation (VicHealth), and to outline briefly its subsequent history. Description The genesis of VicHealth came from an interest of the Minister for Health in the Victorian State Government to address the tobacco problem, and the strategic capacity of Dr Nigel Gray from the Anti-Cancer Council of Victoria to provide a vehicle and help the government to muster support for its implementation. Success involved working with government to construct a Bill it was happy with and then working with the community to support the implementation and to counter industry attempts to derail it. The successful Bill led to the creation of VicHealth. VicHealth has played a creative and important role in promoting health not only in Victoria (Australia), but has been a stimulus for similar initiatives in other parts of the world. Conclusions Enacting novel advances in public policy is made easier when there is a creative alliance between advocates outside government working closely with governments to develop a proposal that is politically achievable and then to work together to sell it. Health promotion agencies, once established, can play an important role in advancing issues like tobacco control. [source] Legislation, Delegation and Implementation under the Treaty of Lisbon: Typology Meets RealityEUROPEAN LAW JOURNAL, Issue 4 2009Herwig Hofmann This reform, the first since the Treaty of Rome, will have an impact on some of the most contested topics of EU law, touching several central questions of a constitutional nature. This article critically analyses which potential effects and consequences the reform will have. It looks, inter alia, at the aspects of the shifting relation between EU institutions, the distribution of powers between the EU and its Member States, as well as the future of rule-making and implementation structures such as comitology and agencies. [source] Employee Rights on Transfer of Undertakings: Italian Legislation and EC LawEUROPEAN LAW JOURNAL, Issue 1 2008Marco Novella The investigation takes place on the assumption that the principle of primacy of Community law applies, which first and foremost means that it must be verified whether the domestic legislation in question complies with the interpretation given to the relative provisions of Community law. According to the authors' opinion, domestic law could be judged as non-conforming to the interpretation that has been given by the Court of Justice, so that the question may be brought before the Court of Justice ex Article 226 EC or by recourse to the preliminary ruling procedure under Article 234 EC, which reveal cases of incorrect implementation of the Directive. [source] Reading and Writing the Stasi File: on the Uses and Abuses of The File as (auto)biographyGERMAN LIFE AND LETTERS, Issue 4 2003Alison Lewis The opening of the Stasi files in 1992, made possible by the Stasi Documents Legislation, was an important symbolic act of reconciliation between victims and perpetrators. For victims, reading their file provided a means of re-appropriating stolen aspects of their lives and rewriting their life histories. This article argues that the Stasi file itself can be viewed as a form of hostile biography, authored by an oppressive state apparatus, that constituted in GDR times an all-powerful written ,technology of power'. The analogy of secret police files to literary genres enables us to pose a number of questions about the current uses to which the files are being put by victims and perpetrators. Are victims and perpetrators making similar use of their Stasi file in the writing of their autobiographies? What happens when the secret police file is removed from its original bureaucratic context and ,regime of truth' and starts to circulate as literary artefact in new contexts, for instance, as part of victims' and perpetrators' autobiographies? How is the value of the Stasi file now being judged? Is the file being used principally in the services of truth and reconciliation, as originally intended in the legislation, or does it now circulate in ,regimes of value' that place a higher premium on accounts of perpetrators, as can be witnessed in the publication of the fictitious ,autobiography' of the notorious secret police informer, Sascha Anderson? [source] Statutory Default Rules: How to Interpret Unclear Legislation , By Einer ElhaugeGOVERNANCE, Issue 3 2009JAYANTH K. KRISHNAN No abstract is available for this article. [source] Educational Discourse and the Making of Educational Legislation in Early Upper CanadaHISTORY OF EDUCATION QUARTERLY, Issue 1 2010Anthony Di Mascio First page of article [source] Managing scientific uncertainty in health legislationINTERNAL MEDICINE JOURNAL, Issue 2 2007W. Lipworth Abstract Legislation and regulation of biomedical research is seldom a one-off process since biomedical science evolves rapidly, dynamically and often unpredictably. This paper discusses the challenges faced by regulators who need to produce legislation and policy in rapidly changing fields and outlines some practical suggestions for managing law reform and policy-making under these circumstances. [source] Genetically Engineered Crops: Interim Policies, Uncertain LegislationINTERNATIONAL JOURNAL OF FOOD SCIENCE & TECHNOLOGY, Issue 7 2009Charles Brennan No abstract is available for this article. [source] Laws and policies to support the wellbeing of children: an international comparative analysisINTERNATIONAL JOURNAL OF SOCIAL WELFARE, Issue 1 2010Emily J. Nicklett Nicklett EJ, Perron BE. Laws and policies to support the wellbeing of children: an international comparative analysis Int J Soc Welfare 2010: 3,7 © 2009 The Author(s), Journal compilation © 2009 Blackwell Publishing Ltd and the International Journal of Social Welfare. The international community has raised concerns regarding the extent to which countries have implemented laws and policies to support the rights and wellbeing of children. This study evaluates the progress of least-developed countries (LDCs) and middle-income countries (MICs) in developing such legislation. Surveys were sent to 131 UNICEF country offices. Items included efforts to promote family preservation and family ties, family-based care over institutionalization, and child participation in placement decisions. A total of 68 surveys were returned, reflecting a 52 percent response rate (LDC, n= 25; MIC, n= 43). Legislation that addressed abuse and neglect of children, maternity leave, removal of children from the family, family care, adoption, and guardianship was widespread. Chi-square tests indicated that MICs had a substantially higher number of laws and policies related to child allowances, school feeding programs, maternity leave, and day care. [source] Legislation is the beginning, not the endINTERNATIONAL NURSING REVIEW, Issue 3 2010David Benton Chief Executive Officer No abstract is available for this article. [source] The relationships between stocking density and welfare in farmed rainbow troutJOURNAL OF FISH BIOLOGY, Issue 3 2002T. Ellis There is increasing public, governmental and commercial interest in the welfare of intensively farmed fish and stocking density has been highlighted as an area of particular concern. Here we draw scientific attention and debate to this emerging research field by reviewing the evidence for effects of density on rainbow trout. Although no explicit reference to ,welfare' has been made, there are 43 studies which have examined the effects of density on production and physiological parameters of rainbow trout. Increasing stocking density does not appear to cause prolonged crowding stress in rainbow trout. However, commonly reported effects of increasing density are reductions in food conversion efficiency, nutritional condition and growth, and an increase in fin erosion. Such changes are indicative of a reduced welfare status,although the magnitude of the effects has tended to be dependent upon study-specific conditions. Systematic observations on large scale commercial farms are therefore required, rather than extrapolation of these mainly small-scale experimental findings. There is dispute as to the cause of the observed effects of increasing density, with water quality deterioration and/or an increase in aggressive behaviour being variously proposed. Both causes can theoretically generate the observed effects of increasing density, and the relative contribution of the two causes may depend upon the specific conditions. However, documentation of the relationship between density and the effects of aggressive behaviour at relevant commercial densities is lacking. Consequently only inferential evidence exists that aggressive behaviour generates the observed effects of increasing density, whereas there is direct experimental evidence that water quality degradation is responsible. Nevertheless, there are contradictory recommendations in the literature for key water quality parameters to ensure adequate welfare status. The potential for welfare to be detrimentally affected by non-aggressive behavioural interactions (abrasion, collision, obstruction) and low densities (due to excessive aggressive behaviour and a poor feeding response) have been largely overlooked. Legislation directly limiting stocking density is likely to be unworkable, and a more practical option might be to prescribe acceptable levels of water quality, health, nutritional condition and behavioural indicators. [source] The Impact of Underage Drinking Laws on Alcohol-Related Fatal Crashes of Young DriversALCOHOLISM, Issue 7 2009James C. Fell Background:, This study used a pre- to post-design to evaluate the influence on drinking-and-driving fatal crashes of 6 laws directed at youth aged 20 and younger and 4 laws targeting all drivers. Methods:, Data on the laws were drawn from the Alcohol Policy Information System data set (1998 to 2005), the Digests of State Alcohol Highway Safety Related Legislation (1983 to 2006), and the Westlaw database. The Fatality Analysis Reporting System data set (1982 to 2004) was used to assess the ratio of drinking to nondrinking drivers involved in fatal crashes [fatal crash incidence ratio (CIR)]. The data were analyzed using structural equation modeling techniques. Results:, Significant decreases in the underage fatal CIR were associated with presence of 4 of the laws targeting youth (possession, purchase, use and lose, and zero tolerance) and 3 of the laws targeting all drivers (0.08 blood alcohol concentration illegal per se law, secondary or upgrade to a primary seat belt law, and an administrative license revocation law). Beer consumption was associated with a significant increase in the underage fatal CIR. The direct effects of laws targeting drivers of all ages on adult drinking drivers aged 26 and older were similar but of a smaller magnitude compared to the findings for those aged 20 and younger. It is estimated that the 2 core underage drinking laws (purchase and possession) and the zero tolerance law are currently saving an estimated 732 lives per year controlling for other exposure factors. If all states adopted use and lose laws, an additional 165 lives could be saved annually. Conclusions:, These results provide substantial support for the effectiveness of under age 21 drinking laws with 4 of the 6 laws examined having significant associations with reductions in underage drinking-and-driving fatal crashes. These findings point to the importance of key underage drinking and traffic safety laws in efforts to reduce underage drinking-driver crashes. [source] Examination of Trends and Evidence-Based Elements in State Physical Education Legislation: A Content AnalysisJOURNAL OF SCHOOL HEALTH, Issue 7 2010Amy A. Eyler PhD, CHES OBJECTIVES: To develop a comprehensive inventory of state physical education (PE) legislation, examine trends in bill introduction, and compare bill factors. METHODS: State PE legislation from January 2001 to July 2007 was identified using a legislative database. Analysis included components of evidence-based school PE from the Community Guide and other authoritative sources: minutes in PE, PE activity, teacher certification, and an environmental element, including facilities and equipment. Researchers abstracted information from each bill and a composite list was developed. RESULTS: In total, 781 bills were analyzed with 162 enacted. Of the 272 bills that contained at least 1 evidence-based element, 43 were enacted. Only 4 bills included all 4 evidence-based elements. Of these 4, 1 was enacted. Funding was mentioned in 175 of the bills introduced (37 enacted) and an evaluation component was present in 172 of the bills (49 enacted). CONCLUSIONS: Based on this analysis, we showed that PE is frequently introduced, yet the proportion of bills with evidence-based elements is low. Future research is needed to provide the types of evidence required for development of quality PE legislation. [source] The Organization and Operation of Teen Courts in the United States: A Comparative Analysis of LegislationJUVENILE AND FAMILY COURT JOURNAL, Issue 1 2002MICHELLE E. HEWARD J.D. ABSTRACT Teen courts are juvenile justice diversion programs found in most states. Programs vary significantly between, and even within, states, making regulation cumbersome. Their grass roots nature requires legislative latitude so each program can meet the specific needs of the communities they serve. States have passed both specific and broad legislation acknowledging their existence and providing referral sources. This article examines teen court legislation from every state, analyzes each, and draws conclusions about teen courts from a legislative perspective. [source] Child Welfare Workers and Michigan's Family Court Legislation: The Relationship Between Policy and PracticeJUVENILE AND FAMILY COURT JOURNAL, Issue 1 2001JOSEPH KOZAKIEWICZ J.D. ABSTRACT Michigan created a family court in 1998, combining in a single court jurisdiction over most family law cases. This study examines the child welfare workers' role in creating the family court, the family court's impact on child welfare workers' practice, and child welfare workers' efforts to educate other professionals on the potential benefits of the family court system. This study found that child welfare workers were not actively involved in the creation of the family court and have not aggressively sought to educate other professionals regarding the family court's potential. Further, though child welfare workers' reception of the family court has largely been positive (or at least neutral), child welfare workers must take greater advantage of the family court system to improve the effectiveness of their practice. [source] The Elusive Goal in Democratic Chile: Reforming the Pinochet Labor LegislationLATIN AMERICAN POLITICS AND SOCIETY, Issue 1 2002Volker Frank ABSTRACT Despite major attempts by the three governments of the post-Pinochet era, the promised reform of the labor legislation inherited from the military regime remains essentially incomplete. This study attempts to explain why, and addresses some of the consequences of this delay for Chilean organized labor, examining particularly the variables of consensus politics and employer concessions. [source] Testing Alternative Legal Paradigms: An Experiment in Designing Tax LegislationLAW & SOCIAL INQUIRY, Issue 1 2009Graeme S. Cooper This article reports on empirical research undertaken to test the claim made in a law reform project that citizens could be made more certain of their legal obligations by changing the legal paradigm used to express their rights and obligations. Our research tested a number of hypotheses involving different formulations of the claim being made. We find that the alternative paradigm being presented was inferior to current practice and offer some reasons that would explain our results and the significance of this work for other areas of legal research. [source] Pedophiles and Cyber-predators as Contaminating Forces: The Language of Disgust, Pollution, and Boundary Invasions in Federal Debates on Sex Offender LegislationLAW & SOCIAL INQUIRY, Issue 3 2002Mona Lynch As a distinct class of criminals, sex offenders stand out as being particularly subject to the new "risk management" penal strategies that, according to a number of scholars, have come to dominate punishment rhetoric and practices in recent years. Nonetheless, the criminal justice policymaking that targets sex offenders appears to have a more emotionally based underside. In this paper, I examine the emotional drive that appears to undergird contemporary sex offender lawmaking, suggesting that a significant force propelling the current panoply of sex offender containment strategies is a constellation of emotional expressions of disgust, fear of contagion, and pollution avoidance, manifested in a legislative concern about boundary vulnerabilities between social spheres of the pure and the dangerous. To do so, I analyze the lawmaking discourse of U. S. legislators as they debated four proposed legislative bills directed at sex offenders during the late 1990s. [source] Protecting the vulnerable: legality, harm and theftLEGAL STUDIES, Issue 3 2003Alan L Bogg The law of theft, as understood in Gomez and Hinks, has been the occasion of almost unanimous academic condemnation and of robust dissenting opinions in the House of Lords. While much of the critical discussion is sophisticated and challenging, it is important that the baby is not to be expelled with the bathwater. We suggest that one argument in favour of the current position is that it offers distinct protection to some of the more vulnerable members of society. This advantage ought nevertheless to be sacrificed if it can be purchased only at the cost of violating the rule of law and the harm principle. But our examination of these ideas reveals that the price need not be paid. The rule of law contains not one idea, but a plurality of ideas, many of which support the current position. As for the harm principle, it is notable that Hinks does not castigate harmless behaviour; rather it attacks the wrong of exploitation. This raises many difficult issues, but we argue that unless such exploitative behaviour is explicitly addressed in Legislation, reforming the current ,broad' understanding of the law in favour of a ,reductive' account assimilating theft to non-voluntary transfers would be a retrograde step. In principle the new concern for protecting the vulnerable from exploitation is welcome. [source] Rural adult literacy in a community context: From the margin to the mainstreamNEW DIRECTIONS FOR ADULT & CONTINUING EDUCATION, Issue 117 2008Mary F. Ziegler Legislation over the past two decades has shaped the dominant view of adult literacy as addressing gaps in well-defined, measurable skills. As rural communities face unprecedented challenges, this one-size-fits-all view of adult literacy does not consider the unique local context of rural communities or involve those communities in defining their own needs and goals. [source] Legislation as Strategy to Intimidate, Silence and Manipulate ConsentNORTH AMERICAN DIALOGUE (ELECTRONIC), Issue 2 2004Alisse Waterston [source] Criminal Legislation in the Irish Parliament, 1692,1760PARLIAMENTARY HISTORY, Issue 1 2001NEAL GARNHAM First page of article [source] The Preemptive Power of State Supreme Courts: Adoption of Abortion and Death Penalty LegislationPOLICY STUDIES JOURNAL, Issue 3 2005Laura Langer We offer a theory about public policy adoption that depicts a game between state supreme courts and state policymakers. We hypothesize that court ideological hostility or friendliness operates to discourage or encourage policy enactment, with the likelihood of subsequent court intervention magnifying the relationship. To test the argument we examine the influence of court ideology on the enactment of state abortion and death penalty laws since the 1970s. Empirical analyses provide strong support for our theory, indicating that court ideological hostility or friendliness significantly influenced state abortion and death penalty policy enactments. In addition, the likelihood of court intervention conditioned this relationship, with the most pronounced effect occurring where subsequent court review was mandatory. The findings reveal courts exert important preemptive influence on law without hearing a case. This facet of judicial influence expands the traditional view of actors involved in the policymaking process. [source] Policies of Extinction: The Life and Death of Canada's Endangered Species LegislationPOLICY STUDIES JOURNAL, Issue 1 2000Raymond A. Rogers This article examines the attempt by the Canadian Federal Government to pass endangered species legislation (1995). It focuses on the constraints which confront the creation of environmental policy in Canada and identifies jurisdictional overlap and stakeholder conflict as the prime source of difficulties which confronted the Federal Government as it moved through the policy process for creating endangered species legislation. The wide-ranging consultation process leading up to the creation of the legislation provided ample opportunity for powerful interests to undermine the protection of endangered species. The article concludes with a discussion of endangered species legislation as an example of the failure of the "crisis management" approach to conservation and sustainability. [source] Federal Repatriation Legislation and the Role of Physical Anthropology in RepatriationAMERICAN JOURNAL OF PHYSICAL ANTHROPOLOGY, Issue S41 2005Stephen D. Ousley Abstract Two laws governing the disposition of Native American human remains in museums and institutions have had a profound impact on anthropology, and especially physical anthropology. In contrast to the perception of constant conflict between Native Americans and physical anthropologists, the repatriation process based on these laws has been in large part harmonious between institutions and Native peoples in the US. Despite misconceptions, the Native American Graves Protection and Repatriation Act (NAPGRA; 25 United States Code (U.S.C.) 3001-3013) was not intended to halt further research on Native American remains in museums. In fact, court decisions have affirmed that the documentation of human remains produces information no other methods can provide, and provides necessary evidence to be incorporated and weighed, along with other evidence, in evaluating "cultural affiliation," the legal term for the required connection from federally recognized Native American groups to their ancestors. The wide variety of osteological data collected at the National Museum of Natural History (NMNH), Smithsonian Institution, have proven indispensable when evaluating cultural affiliation, especially when other information sources are unhelpful or ambiguous, and provide an empirical basis for determining the ancestry of individuals whose remains will be discovered in the future. To date, the claim-driven process at the NMNH has resulted in the affiliation and repatriation of more Native American remains than any other institution in the country. Repatriation experiences at the NMNH demonstrate the changing relationships between museums and Native peoples, the continuing important contributions that physical anthropology makes to the repatriation process, and the importance of physical anthropology in understanding the recent and ancient history of North America. Yrbk Phys Anthropol 48:2,32, 2005. © 2005 Wiley-Liss, Inc. [source] | ||||||||||||||||||||||||||||||||||||||||||||||||||||