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Legal Regulation (legal + regulation)
Selected AbstractsGay Divorce: Thoughts on the Legal Regulation of MarriageHYPATIA, Issue 1 2007CLAUDIA CARD Although the exclusion of LGBTs from the rites and rights of marriage is arbitrary and unjust, the legal institution of marriage is itself so riddled with injustice that it would be better to create alternative forms of durable intimate partnership that do not invoke the power of the state. Card's essay develops a case for this position, taking up an injustice sufficiently serious to constitute an evil: the sheltering of domestic violence. [source] Knowledge on Tap: Police Science and Common Knowledge in the Legal Regulation of DrunkennessLAW & SOCIAL INQUIRY, Issue 4 2001Ron Levi Although scholars have devoted considerable attention to the formation, modification, and dissemination of knowledges in and around the legal complex, few systematic inquiries have been made into the sociology of legal knowledges. In this paper, we focus on two areas of law,liquor licensing and drunk driving,and contextualize their development from the perspective of police science. We document the ways in which contemporary police science authorizes a "common knowledge," which is not to be confused with lay knowledge, or even trade knowledge. Rather, the "common knowledge" that is authorized is what legal authorities believe everyone should know, despite any lay or trade knowledge individuals may have. This analysis demonstrates the need for further work on the ways in which knowledges are formed and authorized within law, with particular emphasis on documenting how a "responsibility to know" comes to be deployed beyond the state. [source] Privacy protection, health care and quality controlQUALITY ASSURANCE JOURNAL, Issue 3 2002Rudolf Bruppacher Abstract In the past three decades, patient rights on the one hand, and health care and research activities in health services on the other hand, have experienced unprecedented development. Requirements of privacy protection, particularly the restrictions on ,secondary analysis' of health data, have become a problem in an increasingly complex health care environment and have become a hindrance to research. Legal regulations have developed differently in different countries. Recent attempts, such as the European Community directive on privacy protection promise effective harmonization, at least for developed countries. However, many questions regarding their interpretation remain and they are discussed in this article. Copyright © 2002 John Wiley & Sons, Ltd. [source] Will Executive Pay Globalise Along American Lines?CORPORATE GOVERNANCE, Issue 1 2003Brian R. Cheffins In the United States, the remuneration packages of top executives are characterised by a strong emphasis on pay,for,performance and by a highly lucrative "upside". There is much discussion of the possibility that executive pay practices will globalise in accordance with this pattern. This paper assesses whether such convergence is likely to occur. It does so by considering market,oriented dynamics that could constitute a "global compensation imperative". It also takes into account possible obstacles to the Americanisation of executive pay, such as legal regulation, "soft law" and "culture". The paper concludes with a brief series of normative observations. [source] Fairness , up to a point.HUMAN RESOURCE MANAGEMENT JOURNAL, Issue 4 2006Assessing the impact of New Labour's employment legislation Since 1997 there has been a significant extension in the legal regulation of the employment relationship reflecting social and economic policy objectives. This article summarises key findings from research into the impact of this legislation and identifies factors affecting legislative impact and employer compliance. Tensions and priorities in the pursuit of the twin policy objectives are discussed. [source] Institutional Environments, Employer Practices, and States in Liberal Market EconomiesINDUSTRIAL RELATIONS, Issue 2 2002John Godard This article draws on the new institutionalism in economics, sociology, and political studies in order to establish a foundation for analyzing how states shape employer human resource management and union relations. It then reviews and extends the available literature on this topic, establishing how, in addition to legal regulation, states help to shape the cognitive and normative rules that undergird employer decision processes, the social and economic environment within which employers act, and ultimately, the relations of authority constituting the employment relation itself and hence employer policy orientations. The article concludes with a discussion of the prospects for state policy initiatives in view of established employer paradigms, institutional logics, and state traditions, and identifies possibilities for further work in this area. A neoclassical world would be a jungle, and no society would be viable. Douglas North (1981:11) [source] The Career Cycle Approach To Defining The Interior Design Profession's Body Of KnowledgeJOURNAL OF INTERIOR DESIGN, Issue 1 2004Denise A. Guerin Ph.D. ABSTRACT The purpose of this study was to define and document the interior design profession's body of knowledge at a single point in time. This was done using a career cycle approach and a health, safety, and welfare framework. The method and framework used to define the body of knowledge are presented in the article. The body of knowledge was defined from a career cycle approach using the four stages of a professional interior designer's career cycle: education, experience, examination, and legal regulation (NCIDQa, 2003). A content analysis was conducted of the written documents of the organizations that represent each stage in the cycle. Eighty-one knowledge areas were identified from this content analysis and placed into one of seven categories: Codes; Communication; Design; Furnishings, Fixtures, and Equipment; Human Needs; Interior Building Construction; and Professional Practice. These categories and knowledge areas are what defined the interior design profession's body of knowledge based on this approach. Next, each knowledge area was analyzed using a health, safety, and welfare framework to determine its benefit to the public. Finally, a review of literature was conducted to document that the knowledge areas comprise the specialized knowledge necessary for the professional interior designer to protect the public's health, safety, and welfare. The method used to define the interior design profession's body of knowledge assessed several limited bodies of knowledge that had been developed for a specific purpose, such as education or examination. While this comprehensive body of knowledge reflects a single point in time, it provides a venue for dialogue from which revision can occur and updating can continue, leading to further development of the profession. [source] Genes and Spleens: Property, Contract, or Privacy Rights in the Human Body?THE JOURNAL OF LAW, MEDICINE & ETHICS, Issue 3 2007Radhika Rao This article compares three frameworks for legal regulation of the human body. Property law systematically favors those who use the body to create commercial products. Yet contract and privacy rights cannot compete with the property paradigm, which alone affords a complete bundle of rights enforceable against the whole world. In the face of researchers' property rights, the theoretical freedom to contract and the meager interest in privacy leave those who supply body parts vulnerable to exploitation. [source] United Kingdom Military Law: Autonomy, Civilianisation, JuridificationTHE MODERN LAW REVIEW, Issue 1 2002G. R. Rubin This paper argues that military law has undergone a long-term process of change. Previously an autonomous legal system with little civilian input at the administrative, judicial and policy-making levels, military law became subject to a consensual policy of civilianisation from the early 1960s, reflected primarily in the adoption of civilian criminal law norms by the military justice system. More recently there has emerged the juridification of significant areas of military relations in respect to discipline and certain other terms of service which hitherto have not been subject to externally imposed legal regulation. Explanations for the shifts from autonomy, through civilianisation, and then to juridification, ranging from political and social developments to new human rights and equal opportunities discourses, are offered for such changes. [source] Problems of Fit: Changing Employment and Labour RegulationBRITISH JOURNAL OF INDUSTRIAL RELATIONS, Issue 4 2004Linda Dickens This paper indicates key issues in identifying and assessing change in the employment relationship. It explores various challenges that the changing shape of employment poses for both legal regulation and regulation provided through collective bargaining. It suggests different rationales for seeking a better fit and discusses various adjustments and changes to achieve this. Finally, I argue that problems of fit (misfit), and the need for adaptation to which this gives rise, are relevant also to the study of industrial relations. [source] Factors influencing implementation of occupational safety and health management systems by enterprises in PolandHUMAN FACTORS AND ERGONOMICS IN MANUFACTURING & SERVICE INDUSTRIES, Issue 3 2006Daniel Podgórski Implementing legal regulations in occupational safety and health (OSH) as well as other actions aimed at improving working conditions in industry in many countries run in parallel with promoting nonobligatory OSH management systems (OSH MS). To define a scientific basis for working out a set of guidelines for promoting OSH MS, a survey was conducted in 40 companies. This research aimed to identify motivational factors for decisions to introduce OSH MS. Four groups of professionals who participated in the decision-making process related to implementing OSH MS were interviewed: (a) the most senior managers of the enterprise, (b) representatives of top management for implementation and maintenance of OSH MS, (c) safety and health managers, and (d) workers' safety representatives. The results indicate the need for: (1) improving the efficiency of programs promoting implementation of OSH MS; (2) considering the role of economic incentives in promoting these systems; (3) developing and promoting training packages related to OSH management, adjusted particularly to the needs of employees and their representatives to increase their involvement in OSH activities; and (4) modifying legal solutions establishing a system of differentiated premium rates for social insurance against occupational accidents and diseases. © 2006 Wiley Periodicals, Inc. Hum Factors Man 16: 255,267, 2006. [source] Ingestion of multiple veterinary drugs and associated impact on vulture health: implications of livestock carcass elimination practicesANIMAL CONSERVATION, Issue 6 2009G. Blanco Abstract Veterinary drugs present in livestock carcasses may be ingested by scavengers and may cause important declines in their populations, as reported for diclofenac in Asia. Drug content of carcasses may depend on the prevailing livestock operations and legal regulations for carcass elimination. In Spain, the main stronghold of vultures in Europe, legal measures to mitigate the spread of bovine spongiform encephalopathy (BSE) have caused the lack or scarcity of unstabled livestock carcasses available for avian scavengers, and the parallel increase in use of dumps of livestock carcasses supplied by farms, especially of intensively medicated pigs and poultry. We evaluated temporal trends in the presence and concentration of antibiotics and other veterinary drugs, and their associated health impacts on three vulture species, due to the ban of abandoning unstabled livestock carcasses in the countryside since the BSE crisis. An increasing presence and concentration of antibiotics since the BSE crisis, and residues of three non-steroidal anti-inflammatories (NSAIDs) and four anti-parasitics were found in the vultures. Quinolones were associated with infection by opportunistic pathogens in the three species and with generalized damage to internal organs in the cinereous vulture, but no clear health impacts of NSAIDs and anti-parasitics were found. Given that there is no evidence of BSE transmission risk due to the abandonment of unstabled livestock carcasses in the countryside, this traditional practice in the Mediterranean region should be legalized in order to increase the availability, dispersion and quality of food for threatened scavengers. Once legalized, this practice should be prioritized over the spatially concentrated disposal of large amounts of carcasses from medicated stabled livestock to reduce the risk and effects of drug ingestion and acquisition and transmission of pathogens by vultures. [source] | ||||||||||||||||