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Federal Laws (federal + law)
Selected AbstractsIntuitive Lawmaking: The Example of Child SupportJOURNAL OF EMPIRICAL LEGAL STUDIES, Issue 1 2009Ira Mark Ellman Setting the amount of a child support award involves tradeoffs in the allocation of finite resources among at least three private parties: the two parents, and their child or children. Federal law today requires states to have child support guidelines or formulas that determine child support amounts on a uniform statewide basis. These state guidelines differ in how they make these unavoidable tradeoffs. In choosing the correct balance of these competing claims, policymakers would do well to understand the public's intuitions about the appropriate tradeoffs. We report an empirical study of lay intuitions about these tradeoffs, which we compare to the principles underlying typical state guidelines. As in other contexts in which people are asked to place a dollar value on a legal claim, we find that citizen assessments of child support for particular cases conform to the pattern that Ariely and his co-authors have called "coherent arbitrariness": the respondent's choice of dollar magnitude may be arbitrary, but relative values respond coherently to case variations, within and across citizens. These patterns also suggest that our respondents have a consistent and systematic preference with respect to the structure of child support formulas that differs in important ways from either of the two systems adopted by nearly all states. [source] The 2000 Dietary Guidelines for Americans: foundation of US nutrition policyNUTRITION BULLETIN, Issue 3 2000Rachel K. Johnson Summary The Dietary Guidelines for Americans form the foundation of US federal nutrition policy. The Food Guide Pyramid, the most widely distributed and best-recognised nutrition education tool ever produced in the US, is based partially on the Dietary Guidelines. In addition, every federal nutrition programme in the United States uses the Dietary Guidelines as part of their nutrition standards. Federal law requires that the guidelines be reviewed every five years. The Dietary Guidelines Advisory Committee was charged with answering the question, ,what should Americans eat to be healthy?' After rigorously reviewing the scientific, peer-reviewed literature the committee recommended a new set of guidelines for the year 2000. The guidelines are intended for healthy children (ages 2 years and older) and generally healthy adults of any age. The guidelines were expanded from seven in 1995 to ten in 2000. The 2000 Dietary Guidelines for Americans are; (1) aim for a healthy weight; (2) be physically active each day; (3) let the pyramid guide your food choices; (4) eat a variety of grains daily, especially whole grains; (5) eat a variety of fruits and vegetables daily; (6) keep foods safe to eat; (7) choose a diet that is low in saturated fat and cholesterol and moderate in total fat; (8) choose beverages and foods that moderate your intake of sugars; (9) choose and prepare foods with less salt; and (10) if you drink alcoholic beverages, do so in moderation. [source] The "art" of medicine and the "smokescreen" of the randomized trial off-label use of vascular devices,CATHETERIZATION AND CARDIOVASCULAR INTERVENTIONS, Issue 7 2008FACC, Gary M. Ansel MD Abstract Once a device is approved for sale in the United States by the Food and Drug Administration (FDA), it can legally be used by doctors to treat any condition a physician determines is medically appropriate. Based on postmarket published data and physician procedural experience, this may even become the standard of care when an alternative device either does not exist or is inferior in performance, even before FDA approval. This right of physicians to practice medicine without FDA approval is Federal law. The off-label use of medical devices for the treatment of peripheral vascular disease has recently become the latest target by groups with interests that have little to do with patient care. This interference has begun to negatively impact the latitude necessary for physicians to best treat their patients. © 2008 Wiley-Liss, Inc. [source] The Unintended Impact of Welfare Reform on the Medicaid Enrollment of Eligible ImmigrantsHEALTH SERVICES RESEARCH, Issue 5 2004Namratha R. Kandula Background. During welfare reform, Congress passed legislation barring legal immigrants who entered the United States after August 1996 from Medicaid for five years after immigration. This legislation intended to bar only new immigrants (post-1996 immigrants) from Medicaid. However it may have also deterred the enrollment of legal immigrants who immigrated before 1996 (pre-1996 immigrants) and who should have remained Medicaid eligible. Objectives. To compare the Medicaid enrollment of U.S.-born citizens to pre-1996 immigrants, before and after welfare reform, and to determine if variation in state Medicaid policies toward post-1996 immigrants modified the effects of welfare reform on pre-1996 immigrants. Data Source/Study Design. Secondary database analysis of cross-sectional data from 1994,2001 of the U.S. Census Bureau, Annual Demographic Survey of March Supplement of the Current Population Survey. Subjects. Low-income, U.S.-born adults (N=116,307) and low-income pre-1996 immigrants (N=24,367) before and after welfare reform. Measures. Self-reported Medicaid enrollment. Results. Before welfare reform, pre-1996 immigrants were less likely to enroll in Medicaid than the U.S.-born (OR=0.55; 95 percent CI, 0.51,0.59). After welfare reform, pre-1996 immigrants were even less likely to enroll in Medicaid. The proportion of immigrants in Medicaid dropped 3 percentage points after 1996; for the U.S.-born it dropped 1.6 percentage points (p=0.012). Except for California, state variation in Medicaid policy toward post-1996 immigrants did modify the effect of welfare reform on pre-1996 immigrants. Conclusions. Federal laws limiting the Medicaid eligibility of specific subgroups of immigrants appear to have had unintended consequences on Medicaid enrollment in the larger, still eligible immigrant community. Inclusive state policies may overcome this effect. [source] Interpreting the U.S. Human Trafficking Debate Through the Lens of Symbolic PoliticsLAW & POLICY, Issue 3 2007BARBARA ANN STOLZ By enacting the Trafficking Victims Protection Act of 2000, U.S. policymakers acknowledged trafficking in persons as criminal behavior, punishable under federal law. The legislation was developed through the congressional policy-making process, usually studied from the perspective of who gets what, when, and how. To expand our understanding of criminal justice policymaking, this article analyzes the act from an alternative perspective,symbolic politics. It examines how the act performs symbolic functions identified in the criminal justice literature,reassuring the law abiding/threatening the lawbreaker, communicating a moral message, providing a model for the states, and educating about a problem. [source] Commentary: The federal ,Prenatally and Postnatally Diagnosed Conditions Awareness Act'PRENATAL DIAGNOSIS, Issue 9 2009Philip R. Reilly Abstract The recently enacted federal law, the ,Prenatally and Postnatally Diagnosed Conditions Awareness Act' (United States Public Law 110,374) seeks to improve opportunities for parents and pregnant women to anticipate and understand the likely life course of children born with Down syndrome and other (unspecified) conditions. The law is in part a response to the continued growth of prenatal screening and testing. For example, the American College of Obstetricians and Gynecologists' Practice Bulletin 77 recommends that ,Screening and invasive diagnostic testing for aneuploidies be available to all women who present for prenatal care before 20 weeks of gestation regardless of maternal age.' Emerging technologies anticipate an era in which the scope of prenatal screening and testing will be much larger than it is today. Inevitably, more women will find themselves facing the hard question of whether to continue or end a pregnancy in which a fetus has been found to have a significant abnormality. While the new federal law is not likely to have a major impact on obstetric practice, it may be a harbinger of renewed wide-scale public debate concerning the ethics of prenatal screening. Copyright © 2009 John Wiley & Sons, Ltd. [source] Direction of the Organ Procurement and Transplantation Network and United Network for Organ Sharing Regarding the Oversight of Live Donor Transplantation and Solicitation for OrgansAMERICAN JOURNAL OF TRANSPLANTATION, Issue 1 2006F. L. Delmonico The Organ Procurement and Transplantation Network (OPTN) operated by United Network for Organ Sharing (UNOS) has taken recent steps to address public solicitation for organ donors and its oversight of live donor transplantation. This report provides the direction of the OPTN regarding deceased donor solicitation. The OPTN has authority under federal law to equitably allocate deceased donor organs within a single national network based upon medical criteria, not upon one's social or economic ability to utilize resources not available to all on the waiting list. The OPTN makes a distinction between solicitations for a live donor organ versus solicitations for directed donation of deceased organs. As to live donor solicitation, the OPTN cannot regulate or restrict ways relationships are developed in our society, nor does it seek to do so. OPTN members have a responsibility of helping protect potential recipients from hazards that can arise from public appeals for live donor organs. Oversight and support of the OPTN for live donor transplantation is now detailed by improving the reporting of live donor follow-up, by providing a mechanism for facilitating anonymous live kidney donation, and by providing information for potential live kidney donors via the UNOS Transplant LivingSM website. [source] Litigation and alcohol policy: lessons from the US Tobacco WarsADDICTION, Issue 2009James F. Mosher ABSTRACT Aims This paper explores the role of litigation in preventing alcohol-related harms, identifying lessons from the use of litigation in tobacco control policy in the United States. It analyzes the key components of litigation in an international context, provides a case study of its potential use in addressing the marketing of alcopops to youth and offers recommendations for pursuing litigation strategies in future alcohol policy efforts. Methods The paper's analyses are based on both original and secondary legal research. State and federal case law and secondary sources are reviewed in assessing lessons learned from tobacco litigation in the United States and the potential role of litigation in alcohol policy, both in the United States and internationally. Assessment of alcohol litigation cases and state and federal laws and regulations provides the foundation for the alcopops case study. Findings The tobacco litigation experience demonstrates that litigation is a powerful tool in addressing aggressive marketing by purveyors of addictive products such as alcohol. Conclusions To be effective at both national and international levels, litigation should encompass a broad array of legal tactics designed to identify and restrict unfair, deceptive and misleading alcohol marketing tactics and should be utilized in conjunction with complementary prevention strategies. Research conducted on the impact of alcohol marketing on youth alcohol consumption and problems is needed to support potential litigation claims. Developing litigation expertise within the alcohol policy field and building collaboration with litigation specialists in tobacco control should also be considered a high priority. [source] A Window into the Recent Past in Chiapas: Federal Education and Indigenismo in the Highlands, 1921-1940JOURNAL OF LATIN AMERICAN & CARIBBEAN ANTHROPOLOGY, Issue 1 2001Stephen E. LewisArticle first published online: 28 JUN 200 In the 1920s and 1930s Mexico's Ministry of Public Education (SEP) launched ambitious projects aimed at modernizing and "civilizing' the highlands of Chiapas "incorporating' its indigenous populations into the national mestizo mainstream, and imposing federal laws and instiaitions in the state. SEP teachers met fierce resistance from ladino alcohol mercliants, debt-labor contractors, planters and politicians and from the Tzotzil and Tzeltal Maya themselves. By the time President Lázaro Cárdenas managed to impose his reform agenda on the state in late 1936, die SEP's battle had largely been lost, kind and labor reforms merely provided local ladinos with new ways to control the highland Maya. By 1940, indigenous communities were tied politically to state and national party machines. Only now might tills system of domination lie breaking down, as the PRI reels from its recent losses at the national and state levels. [source] Medicaid matters: children's health and medicaid eligibility expansionsJOURNAL OF POLICY ANALYSIS AND MANAGEMENT, Issue 2 2002Kristine A. Lykens In the late 1980s, a series of federal laws were enacted which expanded Medicaid eligibility to more of the nation's children. States had a great amount of discretion in how fast and how far these expansions were implemented. As a result, there was great variation among the states in defining who was eligible for the program. This variation provides a rare opportunity to disentangle the effect of Medicaid from a child's socioeconomic status. Using data from the National Health Interview Survey, we address whether the Medicaid expansions improved the health and functional status of children. Econometric models were developed using fixed-effects regressions, and were estimated separately for white, black, and Hispanic children. White children experienced statistically significant reductions in acute health conditions and functional limitations. Black and Hispanic children showed some evidence of improved health conditions and functional status, but this evidence is inconclusive in the study sample. This may be due to differences in their access to appropriate health services or to the smaller sample size of minorities in each geographic area. The findings are also relevant to the implementation of the Children' Health Insurance Program (CHIP), the latest federal effort to expand access to health care to poor and near poor children. In many states, CHIP is being implemented in whole or in part through further Medicaid expansions. © 2002 by the Association for Policy Analysis and Management. [source] Small Retailer and Service Company Accuracy in Evaluating the Legality of Specified PracticesJOURNAL OF SMALL BUSINESS MANAGEMENT, Issue 4 2001Robin T. Peterson This study examined the degree to which small retail and service company managers were familiar with important federal laws. Further, it assessed differences between these two types of firms in managerial cognizance of the regulations. The findings revealed reasonable knowledge of the federal restrictions, accompanied by some important inaccuracies. Generally, small retail managers were found to be more knowledgeable than small service company managers. [source] Confidential Reproductive Health Services for Minors: The Potential Impact of Mandated Parental Involvement for ContraceptionPERSPECTIVES ON SEXUAL AND REPRODUCTIVE HEALTH, Issue 5 2004Rachel K. Jones CONTEXT: Recent legislative efforts to implement mandated parental involvement for minor adolescents seeking family planning services threaten the rights of adolescents younger than 18 to access reproductive health care. METHODS: State and federal laws and policies pertaining to minor adolescents' rights to access services for contraception and sexually transmitted diseases are reviewed, and research examining issues of parental involvement among adolescents using clinic-based reproductive health services is synthesized. RESULTS: Attempts to mandate parental involvement for reproductive health care often focus on contraceptive services and are typically linked to federal or state funding. Studies of teenagers using clinic-based family planning services suggest that slightly more than one-half would obtain contraceptives at family planning clinics even if parental notification were required. Mandated parental involvement for contraception would discourage few teenagers from having sex, but would likely result in more teenagers' using the least effective methods, such as withdrawal, or no method at all. Family planning clinics encourage teenagers to voluntarily talk to their parents, but relatively little information is available about the extent to which activities to promote parent-child communication have been adopted. CONCLUSIONS: Mandated parental involvement for teenagers seeking contraceptive care would likely contribute to increases in rates of teenage pregnancy. Research that will help clinics implement and improve efforts to encourage voluntary parental involvement is urgently needed. [source] | ||||||||||||||||