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Terms modified by Federal Selected AbstractsEvolution of hazardous waste combustors MACT standardsENVIRONMENTAL PROGRESS & SUSTAINABLE ENERGY, Issue 4 2001Charles W. Lamb Ph.D. This year, on July 24, the DC Circuit Court ruled that the EPA had not correctly derived emission standards, and vacated the MACT (Maximum Achievable Control Technology) rule for Hazardous Waste Combustors (HWC) [1, 2]. A major complaint, voiced by the Sierra Club, was that the MACT methodology was misapplied in a manner that produced overly lenient standards. Industry and trade associations argued just the opposite. The Sierra Club won the first round when the court agreed that the emission standards should be based on the average of the best-performing 12% of units in each category. The next question was, "What will be the regulations until the final standards can be developed?" This caused considerable angst because, if no standards were in place by May 15, 2002, control would revert to case-by-case permits by Federal and State regulatory agencies as set forth in Section 112 of the Clean Air Act. Obviously, that would be the antithesis of the Congressional mandate and the objectives of environmental groups. The Sierra Club and most litigants did not want the uncertainties and inconsistencies this would introduce. [source] Directions in Rural Development Policy , Lessons from Both Sides of the Atlantic Richtlinien für die ländliche Entwicklungspolitik , Beispiele von diesseits und jenseits des Atlantiks Les orientations de la politique de développement rural , Enseignements en provenance des deux côtés de l'AtlantiqueEUROCHOICES, Issue 1 2008David Blandford Directions in Rural Development Policy , Lessons from Both Sides of the Atlantic A workshop comparing rural development policies in Europe and the US found differences in the social values that shape them. These include different attachments to place, concerns with lagging regions, and interests in the assessment of public interventions. There is also a difference in coverage. In the EU environmental and landscape issues form part of the CAP's Rural Development Pillar, using agriculture as an instrument, whereas in the US these are handled by other policies, some of which can claim deeper historical roots. In the context of rural development policy, the EU attaches intrinsic value to the environment, while in the US the focus is more on economic spin-offs from environmental quality. There are also differences in governance; a complete US view requires taking in Federal, State and local initiatives whereas in the EU a more organised framework is apparent. Nevertheless, when policy is viewed from a bottom-up perspective many common features are found. Improving human and social capital and infrastructure are key factors to stimulating economic development on both sides of the Atlantic, though only some of these drivers form part of the CAP's Pillar II. While in the EU the role of rural development is set to expand, this is far less certain in the US where the emphasis on agricultural support is likely to continue to dominate the political agenda. Les orientations de la politique de développement rural , Enseignements en provenance des deux côtés de l'Atlantique Un atelier comparant les politiques de développement rural en Europe et aux États-Unis a mis en évidence des différences entre les valeurs sociales sur lesquelles sont fondées ces politiques. Ces différences concernent entre autre l'attachement à des lieux particuliers, l'inquiétude pour les régions en retard de croissance, et l'intérêt pour une évaluation des pouvoirs publics. Les différences portent aussi sur l'étendue de la question. Dans l'Union européenne, les questions portant sur le paysage et l'environnement sont abordées dans le cadre du pilier de la PAC sur le développement rural, qui porte sur l'agriculture comme instrument du développement rural, alors qu'aux États-Unis, ces questions sont traitées par d'autres politiques dont certaines remontent à loin. Dans le contexte de la politique de développement rural, l'Union européenne attache une valeur intrinsèque à l'environnement tandis qu'aux États-Unis, l'accent est mis plutôt sur les retombées économiques d'un environnement de qualité. Les différences portent également sur la gouvernance : pour avoir une vue d'ensemble sur les États-Unis, il faut considérer les actions aux niveaux fédéral, des États et du local alors que dans l'Union européenne, un cadre plus organisé est apparent. Cependant, dans le cas de politiques partant de la base (bottom-up), de nombreux points communs existent. L'amélioration du capital social et humain, et celle des infrastructures sont des éléments clés pour stimuler le développement économique des deux côtés de l'Atlantique, même si seuls quelques uns de ces facteurs sont compris dans le deuxième pilier de la PAC. Alors que le rôle du développement rural devrait s'étendre dans l'Union européenne, c'est beaucoup moins certain aux États-Unis où l'accent sur le soutien à l'agriculture continuera probablement à dominer l'ordre du jour de la politique. Richtlinien für die ländliche Entwicklungspolitik , Beispiele von diesseits und jenseits des Atlantiks Im Rahmen eines Workshops wurden europäische und US-amerikanische Politikmaßnahmen zur Entwicklung des ländlichen Raums miteinander verglichen. Die Ergebnisse zeigen, dass sich die gesellschaftlichen Werte für die Ausgestaltung der Politikmaßnahmen im Hinblick auf Ortsverbundenheit, die Belange der rückständigen Regionen und das Interesse bei der Bewertung öffentlicher Interventionen unterscheiden. Die jeweiligen Geltungsbereiche unterscheiden sich ebenfalls. In der EU bilden Fragestellungen in Bezug auf Umwelt und landschaftliche Gestaltung einen Teil der zweiten Säule der GAP (Entwicklung des ländlichen Raums), und die Landwirtschaft ist dabei ein Mittel zum Zweck. In den USA hingegen werden diese Fragestellungen durch andere Politikmaßnahmen abgedeckt, von denen einige über längere historische Wurzeln verfügen. Im Rahmen der Politik zur Entwicklung des ländlichen Raums misst die EU der Umwelt intrinsischen Wert bei, während sich die USA mehr auf aus der Umweltqualität resultierende wirtschaftliche Nebeneffekte konzentriert. Im Hinblick auf die Governance sind ebenfalls Unterschiede vorhanden: Während es im Falle der USA erforderlich ist, in einer Gesamtbetrachtung die Initiativen auf staatlicher, bundesstaatlicher und kommunaler Ebene zu berücksichtigen, lassen die Rahmenbedingungen in Europa ein höheres Maß an Organisation erkennen. Wird die Politik jedoch aus einer Bottom-up-Perspektive heraus betrachtet, können zahlreiche Gemeinsamkeiten gefunden werden. Bei der Verbesserung des Human- und Sozialkapitals und der Infrastruktur handelt es sich um Schlüsselfaktoren für die Ankurbelung der wirtschaftlichen Entwicklung diesseits und jenseits des Atlantiks, wenngleich nur einige dieser Triebfedern die zweite Säule der GAP ausmachen. Während die Entwicklung des ländlichen Raums in der EU eine immer größere Rolle spielen wird, ist dies in den USA längst nicht sicher; dort wird der Schwerpunkt auf die Agrarstützung wahrscheinlich weiterhin die politische Agenda dominieren. [source] Creating rural heritage visitor attractions,the Queensland Heritage Trails projectINTERNATIONAL JOURNAL OF TOURISM RESEARCH, Issue 4 2002Bruce Prideaux Abstract To promote rural heritage in Queensland, the Australian Federal and Queensland State Governments embarked on an ambitious funding programmeme titled the Queensland Heritage Trails Network commencing in 1999. The aim of the programmeme was to fund the development of a series of cultural heritage tourism attractions designed to encourage visitors to travel beyond popular coastal destinations and into the rural hinterland. For a state where travelling times by road are measured in days not hours, the development of visitor attractions away from the relatively closely settled coastal areas is essential if additional visitors are to be attracted to rural hinterland areas. However, distance factors add to the cost of travelling to many remote attractions and may deter all but the most determined travellers. This paper examines a number of demand side issues that may effect the long-term viability of many of the projects, particularly those in remote areas. Copyright © 2002 John Wiley & Sons, Ltd. [source] The Vanishing Trial: An Examination of Trials and Related Matters in Federal and State CourtsJOURNAL OF EMPIRICAL LEGAL STUDIES, Issue 3 2004Marc Galanter This article traces the decline in the portion of cases that are terminated by trial and the decline in the absolute number of trials in various American judicial fora. The portion of federal civil cases resolved by trial fell from 11.5 percent in 1962 to 1.8 percent in 2002, continuing a long historic decline. More startling was the 60 percent decline in the absolute number of trials since the mid 1980s. The makeup of trials shifted from a predominance of torts to a predominance of civil rights, but trials are declining in every case category. A similar decline in both the percentage and the absolute number of trials is found in federal criminal cases and in bankruptcy cases. The phenomenon is not confined to the federal courts; there are comparable declines of trials, both civil and criminal, in the state courts, where the great majority of trials occur. Plausible causes for this decline include a shift in ideology and practice among litigants, lawyers, and judges. Another manifestation of this shift is the diversion of cases to alternative dispute resolution forums. Within the courts, judges conduct trials at only a fraction of the rate that their predecessors did, but they are more heavily involved in the early stages of cases. Although virtually every other indicator of legal activity is rising, trials are declining not only in relation to cases in the courts but to the size of the population and the size of the economy. The consequences of this decline for the functioning of the legal system and for the larger society remain to be explored. [source] Obesity and obesity-related secondary conditions in adolescents with intellectual/developmental disabilitiesJOURNAL OF INTELLECTUAL DISABILITY RESEARCH, Issue 9 2010J. H. Rimmer Abstract Background To explore the prevalence of obesity and related secondary conditions associated with obesity in adolescents with intellectual/developmental disabilities (IDD). Methods In total, 461 parents of adolescents with IDD (M = 14.9 year, SD = 1.9) across 49 US states completed a web-based survey containing questions related to their child's health status, including body weight and existing health conditions. Results were compared with published data for youth without disabilities. Results Adolescents with autism and Down syndrome were two to three times more likely to be obese than adolescents in the general population. Secondary health conditions were higher in obese adolescents with IDD compared with healthy weight adolescents with IDD including high blood pressure, high blood cholesterol, diabetes, depression, fatigue, liver or gallbladder problems, low self-esteem, preoccupation with weight, early maturation and pressure sores. Conclusion Obesity is as much of a health problem in youth with IDD as it is among youth without disabilities and, in certain disability groups, is a significantly greater health problem. Obese youth with IDD have a high number of obesity-related secondary conditions predisposing them to greater health problems as they transition into adulthood. Federal and local initiatives to reduce obesity among youth in the general population must recognise the need for interventions that are also relevant (i.e. accessible and effective) for youth with IDD. [source] Welfare transitions in the 1990s: The economy, welfare policy, and the EITCJOURNAL OF POLICY ANALYSIS AND MANAGEMENT, Issue 4 2004Jeffrey GroggerArticle first published online: 25 AUG 200 The rapid decline in the welfare caseload remains a subject of keen interest to both policymakers and researchers. In this paper, I use data from the Survey of Income and Program Participation spanning the period from 1986 to 1999 to analyze how the economy, welfare reform, the earned income tax credit (EITC), and other factors influence welfare entries and exits, which in turn affect the caseload. I find that the decline in the welfare caseload resulted from both increases in exits and decreases in entries. Entries were most significantly affected by the economy, the decline in the real value of welfare benefits, and the expansion of the EITC. Exits were most significantly affected by the economy and federal welfare reform. Federal reform had its greatest effects on longer-term spells of the type generally experienced by more disadvantaged recipients. Some out-of-sample predictions help explain the otherwise puzzling observation that, despite substantial increases in the unemployment rate since 2000, caseloads have remained roughly constant. © 2004 by the Association for Public Policy Analysis and Management [source] The Legal Context of School Violence: The Effectiveness of Federal, State, and Local Law Enforcement Efforts to Reduce Gun Violence in SchoolsLAW & POLICY, Issue 3 2001Richard E. Redding In the wake of recent school shootings, communities and legislatures are searching for law enforcement solutions to the perceived epidemic of school violence. A variety of legal measures have been debated and proposed. These include: the enactment of tougher gun control laws and more vigorous federal and local enforcement of existing gun control laws; the enactment of laws imposing civil or criminal liability on parents for their children's violent behavior; the establishment of specialized courts and prosecution strategies for handling juveniles who are charged with weapons offenses; stricter enforcement of school disciplinary codes; reform of the Individuals with Disabilities Education Act to make it easier to expel students for weapons violations; and greater use of alternative schools as placements for students who are charged with weapons violations. This article provides a legal and empirical analysis of proposed legislation in these areas as informed by social science research on the patterns of school violence, gun acquisition by juveniles, and the effectiveness of various laws and law enforcement measures. It proposes and discusses recommendations for legal reform. While efforts to reduce school violence will be most effective at the state and local levels, the United States federal government has an important role to play, particularly in federal-state partnerships aimed at disrupting illegal gun markets, and through the formulation of national standards and guidelines. These standards and guidelines are for the enforcement of existing laws; inter-agency law enforcement cooperation and information-sharing (particularly using computer-based analysis); effective school discipline and alternative educational settings for disruptive youth; and psycho-educational interventions designed to detect and prevent school violence in the first place. [source] Hydrostatic pressure effects on the structural and electronic properties of carbon nanotubesPHYSICA STATUS SOLIDI (B) BASIC SOLID STATE PHYSICS, Issue 14 2004Rodrigo B. Capaz This issue's Editor's Choice [1] is a theoretical study of the properties of single-wall carbon nanotubes (SWNTs) under hydro-static pressure. The cover picture is a snapshot of room-temperature molecular dynamics simulations of a chiral (8,7) SWNT at a pressure of 4 GPa, where a symmetry-breaking collapse of the tube into a flat shape is observed. This paper is an invited presentation from the 11th Interna-tional Conference on High Pressure Semiconductor Physics (HPSP-11), held in Berkeley, California, USA, 2,5 August 2004. The Proceedings of this conference series have been published for the fifth time in physica status solidi (b). The first author, Rodrigo Barbosa Capaz, is Associate Professor of Physics at Universidade Federal do Rio de Janeiro and works on electronic properties and computer modeling of materials. [source] Legal issues in school health services and school psychology: Guidelines for the administration of medicationPSYCHOLOGY IN THE SCHOOLS, Issue 9 2009Anna Mazur-Mosiewicz The use of psychoactive medications to augment behavioral and psychosocial interventions in schools has significantly increased within the last few decades. Yet, advising, administrating, and supervising the dispensation of medication (including psychostimulants and psychoactive substances) tend to be some of the most risky tasks of school administrators and personnel. Medication administration is not only an increasing source of civil and administrative liability for school districts, but may lead to legal questions for school counselors, psychologists, and social workers. In response to growing concerns, this article provides guidelines necessary for safe medication administration and monitoring in the school setting. Federal, state, and district guidelines are reviewed. Possible implications for school and district policy makers, principals, teachers, school nurses, school psychologists, social workers, counselors, and parents are outlined. © 2009 Wiley Periodicals, Inc. [source] Development of the California school climate and safety survey-short formPSYCHOLOGY IN THE SCHOOLS, Issue 2 2005Michael J. Furlong Planning is essential to creating safe schools and it is required by the Federal No Child Left Behind legislation (U.S. Department of Education, 2004) and implemented via district local education action plans. The implementation of these plans involves continuous monitoring and reevaluation of information pertinent to each campus. As such, this process is facilitated by the availability of measures that are simple to administer, inexpensive, and whose psychometric properties have been evaluated. The California School Climate and Safety Survey (CSCSS), originally developed by M.J. Furlong, R. Morrison, and S. Boles (1991), was specifically developed for these purposes. The CSCSS is a student self-report questionnaire created to measure general school climate and personal safety-related experiences. In this article, we present the results of an evaluation of the CSCSS including exploratory and confirmatory factor analyses. These analyses reduced the original CSCSS research version from 102 items to 54 items. The psychometric properties of this CSCSS-SF (Short Form) are presented. © 2005 Wiley Periodicals, Inc. Psychol Schs 42: 137,149, 2005. [source] Estimating Tax Evasion Losses: The Road Fund CasePUBLIC BUDGETING AND FINANCE, Issue 1 2001Merl Hackbart Federal, state, and local government concern about the loss of state revenues from tax evasion has increased in recent years. In order for policymakers to address this issue effectively, more information regarding the nature and magnitude of the problem is needed. This article reports on research that focuses on estimating the level of road fund tax evasion for several states. Estimates of road fund tax evasion are developed from previous research regarding individual state evasion levels, perceptions of road fund tax evasion by state revenue officials, and a statistical estimate of road fund tax evasion. [source] Seasonal pattern of insect abundance in the Brazilian cerradoAUSTRAL ECOLOGY, Issue 2 2002F. Pinheiro Abstract In Brazil, a severe dry season lasting for approximately 5 months and frequent fires make life difficult for cerrado insects. In certain aspects, the cerrado can be considered to be an understudied ecosystem; even basic information such as knowledge about the annual peak in abundance of different insect orders is unknown. Insect abundance patterns have only been investigated for a few groups in the cerrado region. Thus, our study concerns the temporal distribution of insect abundance in the savanna-like vegetation of the central Brazilian cerrado (sensu stricto) in Distrito Federal. The region has a well-defined, long dry season between May and September. The insects were sampled by window, malaise tent and pitfall traps within 1 year. We used a multiple linear regression to analyse the relationship between abundance of insects of each order and climate variables. A total of 50 127 individuals from 15 orders was collected. The orders were Coleoptera (26%), Hymenoptera (23%), Diptera (20.5%), Isoptera (20%), Homoptera (4%), Lepidoptera (4%), Orthoptera (1.5%) and Hemiptera (1%). The abundance of Diptera, Homoptera, Lepidoptera and Orthoptera was randomly distributed over time, Isoptera peaked in the first half of the wet season, Coleoptera and Hemiptera in the second half of the wet season and Hymenoptera in each season. A significant correlation was found only between Coleoptera and delayed climatic variables. There were no obvious trends that might help explain the abundance patterns observed. The study provides baseline information about phenological patterns of insect abundance and permits evaluation of this group as a resource for various food chains and different trophic levels. [source] CENTRAL AUSTRALIAN NURSE MANAGEMENT MODEL (CAN MODEL): A STRATEGIC APPROACH TO THE RECRUITMENT AND RETENTION OF REMOTE-AREA NURSESAUSTRALIAN JOURNAL OF RURAL HEALTH, Issue 1 2000Melanie Van Haaren This paper introduces a new strategic approach, the Central Australian Nurse Management Model (CAN Model), to manage remote area nursing services. Central Australia is home to approximately 45 000 people, of whom 30% are Aborigines with a health status that is markedly lower than the rest of the population. While the Federal, State and Territory governments have policies in place to address health inequities, improvement has been hindered by the difficulty in recruiting and retaining suitable nursing staff in remote areas. Implementation of the three key initiatives that comprise the CAN Model has succeeded in attracting, stabilising and skilling a remote area nursing workforce, fundamental to achieving better health outcomes in Aboriginal populations. [source] FEDERAL 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] A Secondary School Career Education Program for ESL StudentsCURRICULUM INQUIRY, Issue 4 2001June Wyatt-Beynon Using Bourdieu's theory of different types of capital and social "fields," this paper analyzes one curriculum model, the ESL Co-op program, which is designed to meet the needs of immigrant adolescents who are primarily dependent on their first language. The program couples instruction in English as a second language (ESL) with work experience. ESL Co-op is offered in two secondary schools in a suburban Vancouver school district that is the most rapidly growing district in British Columbia. More than 30 percent of the approximately 50,000 students enrolled in the district speak a language other than, or in addition to, English in the home. A collaborative team of university researchers and district curriculum consultants inquired into the program's success in helping recent immigrant students become aware of possible future career and job opportunities and any other aspects of the program's operation deemed salient by the interviewees. We wondered if the folk theory of success embedded in federal, provincial, and district policy discourse, which emphasizes work experience, was in fact setting the stage for educational and occupational success of these young people. Interviews with 44 parents, 43 students, and six staff members from a total of 10 different language backgrounds revealed that staff perceive the program as a unique opportunity for students to gain exposure to Canadian work environments and to develop survival, language, and job-related skills or, in Bourdieu's terms, embodied capital. Students' and parents' overriding concern is that the program precludes the possibility of graduation with the grade-12 diploma (institutional capital) available from the mainstream program. [source] Complementary and integrative medical therapies, the FDA, and the NIH: definitions and regulationDERMATOLOGIC THERAPY, Issue 2 2003Michael H. Cohen ABSTRACT: ,,The National Center for Complementary and Alternative Medicine (NCCAM) presently defines complementary and alternative medicine (CAM) as covering "a broad range of healing philosophies (schools of thought), approaches, and therapies that mainstream Western (conventional) medicine does not commonly use, accept, study, understand, or make available. The research landscape, including NCCAM-funded research, is continually changing and subject to vigorous methodologic and interpretive debates. Part of the impetus for greater research dollars in this arena has been increasing consumer reliance on CAM to dramatically expand. State (not federal) law controls much of CAM practice. However, a significant federal role exists in the regulation of dietary supplements. The U.S. Food and Drug Administration (FDA) regulates foods, drugs, and cosmetics in interstate commerce. No new "drug" may be introduced into interstate commerce unless proven "safe" and "effective" for its intended use, as determined by FDA regulations. "Foods", however, are subject to different regulatory requirements, and need not go through trials proving safety and efficacy. The growing phenomenon of consumer use of vitamins, minerals, herbs, and other "dietary supplements" challenged the historical divide between drugs and foods. The federal Dietary Supplements Health Education Act (DSHEA) allows manufacturers to distribute dietary supplements without having to prove safety and efficacy, so long as the manufacturers make no claims linking the supplements to a specific disease. State law regulates the use of CAM therapies through a variety of legal rules. Of these, several major areas of concern for clinicians are professional licensure, scope of practice, and malpractice. Regarding licensure, each state has enacted medical licensing that prohibits the unlicensed practice of medicine and thereby criminalizes activity by unlicensed CAM providers who offer health care services to patients. Malpractice is defined as unskillful practice which fails to conform to a standard of care in the profession and results in injury. The definition is no different in CAM than in general medicine; its application to CAM, however, raises novel questions. Courts rely on medical consensus regarding the appropriateness of a given therapy. A framework for assessing potential liability risk involves assessing the medical evidence concerning safety and efficacy, and then aligning clinical decisions with liability concerns. Ultimately research will or will not establish a specific CAM therapy as an important part of the standard of care for the condition in question. Legal rules governing CAM providers and practices are, in many cases, new and evolving. Further, laws vary by state and their application depends on the specific clinical scenario in question. New research is constantly emerging, as are federal and state legislative developments and judicial opinions resulting from litigation. [source] Regulatory measures against Erwinia amylovora in Switzerland,EPPO BULLETIN, Issue 2 2005B. Duffy Switzerland joined the list of fireblight-affected European countries in 1989. Vigorous and systematic steps were taken to limit the impact of the disease on fruit production and amenity plants. These efforts are codified in a Swiss law detailing prevention, eradication, control measures and issues of compensation. As with many Swiss legal directives, there is a defined coordination of federal and cantonal responsibilities and, in the case of fireblight, there is also an emphasis at all levels on personal responsibility of owners of susceptible objects (e.g. nurseries, orchards, host plants). Extension activities have been a key component in achieving compliance with disease management regulations and in obtained public support for control efforts. Agroscope FAW Wädenswil has taken a leading role in this respect through its website http://www.feuerbrand.ch. [source] Moving up, moving down: Political careers across territorial levelsEUROPEAN JOURNAL OF POLITICAL RESEARCH, Issue 2 2003Klaus Stolz In the sparse literature on political careers in federal systems, regional positions are often seen as mere stepping stones on the way to federal office. But are they really? The recent professionalization of state politics in federal systems and the regionalization of former unitary states point to the strengthening of the regional level as a career arena in its own right. Could this lead to the emergence of a regional political class with a set of career interests distinct from those of national politicians? This article takes a first, comparative look at current patterns of career movements between regional and national parliaments in a wide range of federal and newly regionalized systems. The study shows that, contrary to general belief, the number of deputies actually moving from the regional to federal level is generally relatively low. While some cases show fairly integrated career structures, others exhibit a pattern of career development in which state or regional office functions as the main focus of political careers. The territorial structure of the political class is dependent upon a whole range of social, cultural and institutional factors. At the same time, it is also an important factor in the mechanics and institutional development of each federal system in question. [source] A LAWYER FOR EVERY CHILD: CLIENT-DIRECTED REPRESENTATION IN DEPENDENCY CASESFAMILY COURT REVIEW, Issue 4 2009LaShanda Taylor The article begins with a due process analysis concluding that children are legally entitled to counsel and continues by presenting examples of federal and state legislation, court decisions, and public policy arguments that support this right. The article then goes a step further to advocate for a traditional, client-directed model of representation, which empowers children and leads to better judicial decision making. Finally, the article discusses the impact of high caseloads and lack of training on attorney performance. This article serves as an important addition to the academic literature examining the need for and role of the child's attorney in dependency proceedings. [source] Laissez-faire governance and the archetype laissez-faire city in the USA: exploring HoustonGEOGRAFISKA ANNALER SERIES B: HUMAN GEOGRAPHY, Issue 1 2003Igor Vojnovic This article explores the governance of Houston, the archetype laissez-faire city in the USA. The research examines the complexity of Houston's minimal government intervention rhetoric, which in practice involves extensive federal, state and local government involvement in economic development in combination with a disinterest in social service and income maintenance programmes. This governance strategy is outlined through an examination both of regional public policy and local public finances. The analysis illustrates that Houston's local governance has historically been based on a management approach that attempts actively to minimize costs for potential investors to locate in the City, through public intervention, while at the same time generating an unattractive urban environment for the socially marginalized , hence the disinterest in social services. Thus, despite the local laissez-faire rhetoric, government intervention in Houston's growth has been vital and has produced the extraordinary impacts usually expected from public involvement in local economic development. The foundations of this local governance strategy are both predicted and advocated by the public choice approach, a theoretical framework whose emphasis on inter-municipal competition advances management tactics based on maintaining low taxes and low expenditures on public welfare. The research also shows, however, that Houston is unique, when compared to other economically successful US cities, in following such an extreme approach of this management strategy. [source] Triggers for Late Twentieth Century Reform of Australian Coastal ManagementGEOGRAPHICAL RESEARCH, Issue 3 2000B. G. Thom This paper identifies four triggers that underpinned the late 20th century reform of coastal management in Australia. These have operated across federal, state and local levels of government. The triggers are global environmental change, sustainable development, integrated resource management, and community awareness of management issues and participation in decision making. This reform has been driven by international and national forces. A number of inquiries into coastal management in Australia culminated in the production of a national coastal policy in 1995. This has led to fundamental changes in coastal management and to the recognition of the inevitability of changes in coastal systems. Federal policies and programs are being translated into action at the state and local government levels through a variety of funding mechanisms and programs. These involve capacity building, a memorandum of understanding between all levels of government, an enhanced role for state advisory or co-ordinating bodies, and an increased role for public participation. [source] Paradoxes of Public Sector Customer ServiceGOVERNANCE, Issue 1 2001Jane E. Fountain The use of customer service ideas in government continues to be widespread, although the concept and its implications for public sector service production and delivery remain poorly developed. This paper presents a series of paradoxes related to customer service and its use in government. The central and most troubling paradox is that customer service techniques and tools applied to government may lead to increased political inequality even as some aspects of service are improved. The argument is structured by examination of the following: the predominant structural features of service management in theprivate sector, the assumption that customer satisfaction is a central objective of service firms, the understanding of customer service that informs current federal reform efforts, and the operational and political challenges of customer service as a public management objective. [source] Trajectories of Multiculturalism in Germany, the Netherlands and Canada: In Search of Common PatternsGOVERNMENT AND OPPOSITION, Issue 2 2010Elke Winter In the mid-1990s, Canadian scholarship introduced an important distinction between historically incorporated national minorities and ethnic groups emerging from recent immigration. While the former may be accommodated through federal or multinational arrangements, multiculturalism has come to describe a normative framework of immigrant integration. The distinction between these analytically different types of movements is crucial for Taylor's and Kymlicka's influential theories, but the relations between different types of national and ethnic struggles for rights and recognition have remained unexplored in much of the subsequent scholarly literature. This article starts from a theoretical position where different types of diversity are viewed as highly interdependent in practice. Tracing the trajectories of multiculturalism in three different countries, the article aims to identify common patterns of how changing relations between traditionally incorporated groups affect public perceptions of and state responses to more recent immigration-induced diversity. More specifically, it asks the following question: to what extent does the absence (in Germany), discontinuation (in the Netherlands) and exacerbation (in Canada) of claims on ethnocultural grounds by traditionally incorporated groups influence the willingness of the national majority/ies to grant multicultural rights to immigrants? [source] Review of the Integrated Groundwater and Surface-Water Model (IGSM)GROUND WATER, Issue 2 2003Eric M. LaBolle Development of the finite-element-based Integrated Groundwater and Surface-Water Model (IGSM) began in the 1970s. Its popularity grew in the early 1990s with its application to California's Central Valley Groundwater Surface-Water Model in support of the Central Valley Project Improvement Act. Since that time, IGSM has been applied by federal, state, and local agencies to model a number of major basins in California. Our review of the recently released version 5.0 of IGSM reveals a solution methodology that deviates from established solution techniques, potentially compromising its reliability under many circumstances. One difficulty occurs because of the semi-explicit time discretization used. Combined with the fixed monthly time step of IGSM, this approach can prevent applications from accurately converging when using parameter values typically found in nature. Additionally, IGSM fails to properly couple and simultaneously solve ground water and surface water models with appropriate mass balance and head convergence under the reasonable conditions considered herein. As a result, IGSM-predicted streamflow is error prone, and errors could exceed 100%. IGSM does not inform the user that there may be a convergence problem with the solution, but instead generally reports good mass balance. Although our review touches on only a few aspects of the code, which exceeds 17,000 lines, our experience is that similar problems arise in other parts of IGSM. Review and examples demonstrate the potential consequences of using the solution methods in IGSM for the prediction, planning, and management of water resources, and provide perspective on the roles of standards and code validation in ground water modeling. [source] The effects of cigarette costs on BMI and obesityHEALTH ECONOMICS, Issue 1 2009Article first published online: 4 FEB 200, Charles L. Baum Abstract About 30% of Americans are currently obese, which is roughly a 100% increase from 25 years ago. Public health officials have consequently become alarmed because recent research indicates that societal costs of obesity now exceed those of cigarette smoking and alcoholism. Cigarette taxes may have exacerbated the prevalence of obesity. In 1964, the US Surgeon General issued its first report relating smoking and health, and since that time, federal and state governments have increased cigarette taxes in a successful effort to reduce cigarette smoking. However, because cigarette smoking and obesity seem inversely related, cigarette taxes may have simultaneously increased obesity. This paper examines the effects of cigarette costs on BMI and obesity and finds that they have significant positive effects. This paper attempts to reconcile conflicting evidence in the literature by controlling more carefully for correlation with state-specific time trends using panel data. Results indicate that the net benefit to society of increasing cigarette taxes may not be as large as previously thought, though this research in no way concludes that they should be decreased to prompt weight loss. Copyright © 2008 John Wiley & Sons, Ltd. [source] Recent Changes in the Regulation of Financial Markets and Reporting in Canada,ACCOUNTING PERSPECTIVES, Issue 1 2007Carla Carnaghan ABSTRACT The regulation of financial reporting and financial markets has undergone significant change in both the United States and Canada since 2000. In Canada, the regulatory regime is particularly complex and politically controversial, with much speculation about possible future directions. This paper's purpose is to explain the current regulatory environment as it stands in mid-2006 to assist those who teach or conduct research in this domain. On the basis of a review of existing regulations and related studies, this paper first provides an explanation of the major jurisdictional issues that affect financial reporting and regulation in Canada, including identifying the roles of the key players. Second, it identifies specific reporting changes that might be of particular relevance to prospective capital market researchers. Where relevant, comparisons are made with regulatory provisions in the United States, because the majority of capital markets research concerns U.S. securities exchanges regulation, and the Canadian regulations themselves often refer to U.S. regulations as a point of comparison. We find that the lack of a single national securities regulator in Canada and overlaps in federal and provincial jurisdiction and among regulatory bodies mean there is a large range of players involved in financial markets regulation. Ongoing efforts to improve integration include the new passport system, improved harmonization of securities regulation, and consideration of mergers between some of the involved organizations. Other changes have led to a greater emphasis in Canada on the regulation of continuous disclosure and corporate governance than was previously the case. Changes in specific reporting regulations and guidelines since 2002 have generally increased the amount of disclosure. [source] Limits of the Appeal to Internet in Accessing Information and Training in the Exercise of Parenting Skills in QuebecJOURNAL OF COMPUTER-MEDIATED COMMUNICATION, Issue 2 2008François Larose In this article, we define the concept of digital gap as a multidimensional construct, and account for the contradictory relations stated in the scientific literature concerning the appeal to Internet by the more or less privileged strata of society. We explore the state of the digital gap and analyze diverse policies implemented by federal and provincial governments to support accessibility to digital resources in Quebec. After presenting results of a survey with parents concerning access to information and training in the exercise of parenting skills, we analyze these data in accordance with factors associated with the digital gap. We conclude by underlining the danger of compensation policies for the most vulnerable strata of society when government services are placed online. [source] Disentangling the Differences between Abusive and Predatory Lending: Professionals' PerspectivesJOURNAL OF CONSUMER AFFAIRS, Issue 3 2008LUCY M. DELGADILLO This study describes how mortgage professionals differentiate abusive from predatory lending. Data were analyzed qualitatively. The results indicate that some users of this term do not always adhere to a strict definition of predatory lending but rather use it as a term for any general mortgage abuse and mortgage fraud. Existing laws at the federal- and state-level curtail abusive lending and promote fairness in the market place and they are highly enforced among depository financial institutions. However, unregulated nonfinancial institutions, mortgage brokers, and originators are still a primary source of predatory lending. [source] Activism, Ideology, and Federalism: Judicial Behavior in Constitutional Challenges Before the Rehnquist Court, 1986,2000JOURNAL OF EMPIRICAL LEGAL STUDIES, Issue 2 2006Rorie Spill Solberg In this study, we evaluate the individual voting behavior of the justices on the Rehnquist Court in cases raising constitutional challenges to federal, state, and local legislation. Using activism, federalism, and ideology as our guiding principles, we evaluate the extent to which the justices' voting behavior is consistent with the conventional wisdom that conservatives are more restraintist and more likely to protect states' rights in conformity with Chief Justice Rehnquist's focus on federalism. Although we find that there is some correlation between judicial ideology and activism, with liberals more activist than conservatives in general, we also find that the conservative wing of the Rehnquist Court is also largely guided by its own ideological reaction to the substantive policy embodied in the laws at issue. Thus, conservative justices as well as liberals are likely to strike down state laws when those laws fail to conform to the ideological preferences. This result underscores the importance of the attitudinal model of judicial behavior as an explanation of voting patterns on the Court, regardless of the justices' rhetoric in favor of judicial restraint or states' rights. [source] Dissecting Damages: An Empirical Exploration of Sexual Harassment AwardsJOURNAL OF EMPIRICAL LEGAL STUDIES, Issue 1 2006Catherine M. Sharkey My empirical study first replicates and then extends a prior preliminary empirical study by Cass Sunstein and Judy Shih of sexual harassment damages awards. It covers a comprehensive set of 232 cases in which plaintiffs won some positive amount of compensatory damages from state and federal, trial and appellate court decisions from 1982,2004 (published either in official reporters or solely on Westlaw). Contrary to Sunstein and Shih's finding, my analysis of these data reveals a consistent, and statistically significant, positive relationship between punitive and compensatory damages (at least in cases where punitive damages are awarded). My new empirical study then employs dependent variables that, in my view, are more theoretically and statistically sound than those employed by Sunstein and Shih and others who have focused exclusively on the relationship between punitive and compensatory damages: total combined damages (i.e., all compensatory and punitive damages), and what I term "outrage" damages, or combined noneconomic compensatory and punitive damages. My empirical results, using these new dependent variables, essentially confirm Sunstein and Shih's conclusions regarding the irrelevance of variables pertaining to the nature and severity of harassment. What my study reveals as crucial predictive factors, by contrast, are factors pertaining to damages limitations. My study highlights that these factors,including the effect of the 1991 Civil Rights Act, and whether plaintiffs append state civil rights and tort claims to their Title VII claims,are critical to a fuller understanding of damages determinations in sexual harassment cases. [source] | ||||||||||||||||||||||||||||||||||||||||||||||