State Laws (state + law)

Distribution by Scientific Domains

Selected Abstracts


Susan L. Pollet
This article surveys state laws regarding stepparents and stepchildren throughout the United States with regard to custody and visitation rights, child support obligations, adoption and inheritance rights. It provides background information, statistics and general definitions regarding stepparents, a review of some of the psychological and legal literature, information regarding websites and articles for the general public on the topic, and a description of the survey of the states nationwide. Finally, it provides some suggestions regarding future goals for the law in this arena. [source]

Regulation of Firearm Dealers in the United States: An Analysis of State Law and Opportunities for Improvement

Jon S. Vernick J.D., M.P.H.
Firearms were associated with 30, 136 deaths in the United States in 2003. Most guns are initially sold to the public through a network of retail dealers. Licensed firearm dealers are an important source of guns for criminals and gun traffickers. Just one percent of licensed dealers were responsible for more than half of all guns traced to crime. Federal law makes it difficult for ATF to inspect and revoke the licenses of problem gun dealers. State licensing systems, however, are a greatly under-explored opportunity for firearm dealer oversight. We identify and categorize these state systems to identify opportunities for interventions to prevent problem dealers from supplying guns to criminals, juveniles, or gun traffickers. Just seventeen states license gun dealers. Twenty-three states permit routine inspections of dealers but only two mandate that those inspections occur on a regular basis. Twenty-six states impose record-keeping requirements for gun sales. Only thirteen states require some form of store security measures to minimize firearm theft. We conclude with recommendations for a comprehensive system of state licensing and oversight of gun dealers. Our findings can be useful for the coalition of more than fifty U.S. mayors that recently announced it would work together to combat illegal gun trafficking. [source]

Pushing the Dead into the Next Reproductive Frontier: Post Mortem Gamete Retrieval under the Uniform Anatomical Gift Act

Bethany SpielmanArticle first published online: 3 JUN 200
In re Matter of Daniel Thomas Christy authorized post mortem gamete retrieval under the most recent revision of the Uniform Anatomical Gift Act. This article recommends that the National Conference of Commissioners on Uniform State Laws explicitly address the issue of post mortem gamete retrieval for reproductive purposes; that legislators specify whether their states will follow the Christy ruling; and that ethics committees and consultants prepare for the questions about human identity and self determination that post mortem gamete retrieval raises. [source]

Complementary and integrative medical therapies, the FDA, and the NIH: definitions and regulation

Michael 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]

The Unpatriotism of the Economic Constitution?

European Identity, Rights to Free Movement, their Impact on National
The four single market freedoms can be used by the Court of Justice to strike down Member State laws which represent deeply held aspects of national cultural identity. The article examines whether the court does in fact act in this way and proceeds to argue that the issue of identity protection does not stop with the court. In those policy areas where the court is more interventionist, and its case-law is perceived as an identity threat, one is likely to find binding Treaty-based derogations. Where, in contrast, the effect of the court's case-law poses less of a threat, one is more likely to see non-binding declarations. The article examines a number of policy areas in which specific cultural derogations and declarations are to be found, including abortion, property acquisition, football and alcohol control. [source]

Customary Law in Common Law Systems

IDS BULLETIN, Issue 1 2001
Gordon R. Woodman
Summaries How can the idea of the ,rule of law' be made a reality for ordinary people in African countries where customary law still underpins popular experience of ,law as practice'? It is argued that the idea of law itself should include all non-state ,normative orders' that are known, acceptable and pre-determined, as well as state law. What is called customary law is often closer to observed social norms (practised law) than the state law imported by colonialism, and indeed evolves in line with social and economic change, particularly in the field of land tenure. Any notion of the rule of law must support the institutions of customary law. One problem, however, is that in any country there are many different bodies of customary law particular to different localities, regions, cultures. This diversity must be both researched and recognised. [source]

Numerical simulation of cavitating flow in 2D and 3D inducer geometries

O. Coutier-Delgosha
Abstract A computational method is proposed to simulate 3D unsteady cavitating flows in spatial turbopump inducers. It is based on the code FineTurbo, adapted to take into account two-phase flow phenomena. The initial model is a time-marching algorithm devoted to compressible flow, associated with a low-speed preconditioner to treat low Mach number flows. The presented work covers the 3D implementation of a physical model developed in LEGI for several years to simulate 2D unsteady cavitating flows. It is based on a barotropic state law that relates the fluid density to the pressure variations. A modification of the preconditioner is proposed to treat efficiently as well highly compressible two-phase flow areas as weakly compressible single-phase flow conditions. The numerical model is applied to time-accurate simulations of cavitating flow in spatial turbopump inducers. The first geometry is a 2D Venturi type section designed to simulate an inducer blade suction side. Results obtained with this simple test case, including the study of its general cavitating behaviour, numerical tests, and precise comparisons with previous experimental measurements inside the cavity, lead to a satisfactory validation of the model. A complete three-dimensional rotating inducer geometry is then considered, and its quasi-static behaviour in cavitating conditions is investigated. Numerical results are compared to experimental measurements and visualizations, and a promising agreement is obtained. Copyright © 2004 John Wiley & Sons, Ltd. [source]

Parental medical neglect in the treatment of adolescents with anorexia nervosa

Victor Fornari
Abstract Objective Although childhood sexual abuse has been a frequent focus of research on eating disorders, other forms of maltreatment have been less commonly reported. Parental medical neglect is examined in this study as having serious consequences for the treatment and prognosis of patients with anorexia nervosa. Method Two case studies illustrate parental interference with treatment in which Child Protective Services (CPS) had to be involved in compliance with state law. Two adolescent females who were admitted for treatment for anorexia nervosa are presented. Results In both cases, the parents refused to comply with the recommendations of the treatment team, placing their children's health in jeopardy. In compliance with reporting guidelines, CPS was notified in both cases. Conclusions Clinicians who treat minors with anorexia nervosa must consider parental compliance with treatment. Indications for the involvement of CPS are outlined. Optimally, this notification can ensure that the patient and family receive the requisite treatment. © 2001 by John Wiley & Sons, Inc. Int J Eat Disord 29: 358,362, 2001. [source]

Landscapes of the Law: Injury, Remedy, and Social Change in Thailand

LAW & SOCIETY REVIEW, Issue 1 2009
David M. Engel
Sociolegal theorists since Weber have postulated that state law operates by interacting with and responding to nonstate legal orders. This article, examining conceptions of injury and compensation in Thailand, analyzes two ways of mapping law onto the landscape. The first is associated with state law and legal institutions established at the turn of the twentieth century. The state legal system imagines space from the outside in, drawing a boundary line and applying law uniformly throughout the jurisdiction it has enclosed. A second type of mapping, which has been more familiar over the centuries to ordinary Thai people, imagines space from the inside out. Nonstate legal orders are associated with sacred centers and radiate outward, diminishing in intensity and effectiveness with distance. This article, based on extensive interviews with injured persons and other actors and observers in northern Thailand, examines the interconnections between these two ways of imagining the landscape of law. It suggests that recent transformations of Thai society have rendered ineffective the norms and procedures associated with the law of sacred centers. Consequently, state law no longer interacts with or responds to nonstate law and surprisingly plays a diminished role in the lives of ordinary people who suffer injuries. [source]

Sexual Orientation Discrimination and Its Challenges for Nonprofit Managers

Dennis W. Hostetler
In the wake of the recent New Jersey Supreme Court decision, Dale v. Boy Scouts of America and Monmouth Council Boy Scouts (1999), this article examines the issue of sexual orientation discrimination and the challenges it presents nonprofit managers. Because of regional shifts in public opinion, the enactment of nondiscrimination laws at the state and local level, and now a state Supreme Court interpreting state law to include the Boy Scouts of America (BSA) as a "public accommodation," nonprofit managers may face a more complex legal and moral environment. It is hoped that this article will challenge nonprofit managers to carefully reexamine their membership and personnel policies with respect to lesbians and gay men and begin preparing their organizations for this cultural change. [source]

Legislation and the capacity for rapid-response management of nonindigenous species of fish in contiguous waters of Canada and the USA

Vernon G. Thomas
Abstract 1.The provision of Canadian and US hard, enforceable, law to authorize rapid response management of nonindigenous aquatic species originating from aquaculture, live fish sales, bait fish, and the pet trade was analysed at the provincial/state levels of government for the Atlantic, Laurentian Great Lakes, and Pacific regions of North America. 2.No federal legal capacity for rapid response management exists in either country. US state legislation is generally better developed than Canadian provincial laws to manage the exotic fish trade. However, much discrepancy exists among provincial and state law regarding provisions to restrict or prohibit potentially harmful species. Aquaculture and baitfish use is generally better regulated than live fish markets and the pet fish trade in both countries. Only the state of Maine has laws authorizing rapid-response management to control escaped exotic fish. 3.Most species of nonindigenous fish arise from the aquarium, pet, and baitfish trades, and development of improved legislation containing provisions for rapid response management of escapees is warranted in all states and provinces. 4.It is recommended that Canada amends the Fisheries Act to create the appropriate enabling legislation to monitor, assess risk, and deploy rapid response management of nonindigenous aquatic species, including fish that enter federal fresh and sea waters. Two recently-introduced US Bills, S. 725 and H.R. 1350, with their explicit measures for early detection and fast action response, could, if passed into law, create provisions to control introduced nuisance species throughout North American waters. They would also create precedents for states and provinces that have most jurisdiction over aquaculture and trade in exotic fish to amend and align their laws in a complementary manner. Copyright © 2008 John Wiley & Sons, Ltd. [source]

Requiring suspended drunk drivers to install alcohol interlocks to reinstate their licenses: effective?

ADDICTION, Issue 8 2010
Robert B. Voas
ABSTRACT Aims To evaluate a new method being used by some states for motivating interlock installation by requiring it as a prerequisite to reinstatement of the driver's license. Design The driving records of Florida DWI offenders convicted between July 2002 and June 2008 were analyzed to determine the proportion of offenders subject to the interlock requirement who installed interlocks. Setting Most driving-while-impaired (DWI) offenders succeed in avoiding state laws requiring the installation of a vehicle alcohol interlock. Participants A total of 82 318 Florida DWI offenders. Findings Due to long periods of complete suspension when no driving was permitted and the failure to complete all the requirements imposed by the court, only 21 377 of the 82 318 offenders studied qualified for reinstatement, but 93% of those who qualified did install interlocks to be reinstated. Conclusions Because of the lengthy license suspensions and other barriers that the offenders face in qualifying for reinstatement, it is not clear that requiring a period on the interlock as a prerequisite to reinstating will greatly increase the current installment rate. [source]


Susan L. Pollet
This article surveys state laws regarding stepparents and stepchildren throughout the United States with regard to custody and visitation rights, child support obligations, adoption and inheritance rights. It provides background information, statistics and general definitions regarding stepparents, a review of some of the psychological and legal literature, information regarding websites and articles for the general public on the topic, and a description of the survey of the states nationwide. Finally, it provides some suggestions regarding future goals for the law in this arena. [source]

The impact of state physical education requirements on youth physical activity and overweight

John Cawley
Abstract To combat childhood overweight in the US, which has risen dramatically in the past three decades, many medical and public health organizations have called for students to spend more time in physical education (PE) classes. This paper is the first to examine the impact of state PE requirements on student PE exercise time. It also exploits variation in state laws as quasi-natural experiments in order to estimate the causal impact of PE on overall student physical activity and weight. We study nationwide data from the Youth Risk Behavior Surveillance System for 1999, 2001, and 2003 merged with data on state minimum PE requirements from the 2001 Shape of the Nation Report. We find that high school students with a binding PE requirement report an average of 31 additional minutes per week spent physically active in PE class. Our results also indicate that additional PE time raises the number of days per week that girls report having exercised vigorously or having engaged in strength-building activity. We find no evidence that PE lowers BMI or the probability that a student is overweight. We conclude that raising PE credit requirements may make girls more physically active overall but there is not yet the scientific base to declare raising PE requirements an anti-obesity initiative for either boys or girls. Copyright © 2007 John Wiley & Sons, Ltd. [source]

State motor vehicle laws and older drivers

Michael A. Morrisey
Abstract After teenage males, elderly individuals have the highest per capita motor vehicle fatality rate in the United States. Surprisingly, there has been only limited work examining the effect of state motor vehicle laws on older driver fatalities. This paper uses state-level data from the 1985,2000 Fatality Analysis Reporting System to examine the effects of changes in state laws dealing with license renewal, seatbelt use, speed limits, and driving while intoxicated on fatalities among drivers and others aged 65 and over. Negative binomial regressions are estimated using alternatively state and year fixed effects, or age and year fixed effects. In-person license renewal reduced fatalities among the oldest drivers, but vision tests, road tests and the length of the license renewal cycle generally did not. In terms of policies that apply to all drivers, seatbelt laws, particularly with primary enforcement, were generally the only policies that reduced older driver fatalities. These results are noteworthy because a number of policies that have been effective towards increasing younger driver safety are not relevant for older drivers, implying that policymakers must think broadly about using state laws to improve older driver safety. Copyright © 2004 John Wiley & Sons, Ltd. [source]

Show Us the Money: Lessons in Transparency from State Pharmaceutical Marketing Disclosure Laws

Susan Chimonas
Objective. To assess legislation requiring drug companies to report gifts to providers, and to evaluate the information obtained. Data Sources. Data included legislation in Vermont, Minnesota, Maine, Massachusetts, West Virginia, and the District of Columbia, and company disclosure data from Vermont. Study Design. We evaluated the strengths and weaknesses of state legislation. We also analyzed 4 years of company disclosures from Vermont, assessing the value and distribution of industry,provider exchanges and identifying emerging trends in companies' practices. Data Collection Methods. State legislation is publically available. We obtained Vermont's data through requests to the state's Attorney General's office. Principal Findings. Of the state laws, only Vermont's yielded robust, publically available data. These data show gifting was dominated by a few major corporations, and <2 percent of Vermont's prescribers received 69 percent of gifts and payments. Companies were especially generous to specialists in psychiatry, endocrinology/diabetes/metabolism, internal medicine, and neurology. Companies increasingly used loopholes in the law to avoid public scrutiny. Conclusions. Disclosure laws are an important first step in bringing greater transparency to physician,industry relationships. But flaws and weaknesses limit the states' ability to render physician,industry exchanges fully transparent. Future efforts should build on these lessons to render physician,industry relationships fully transparent. [source]

Some recent finite volume schemes to compute Euler equations using real gas EOS

T. GallouŽt
Abstract This paper deals with the resolution by finite volume methods of Euler equations in one space dimension, with real gas state laws (namely, perfect gas EOS, Tammann EOS and Van Der Waals EOS). All tests are of unsteady shock tube type, in order to examine a wide class of solutions, involving Sod shock tube, stationary shock wave, simple contact discontinuity, occurrence of vacuum by double rarefaction wave, propagation of a one-rarefaction wave over ,vacuum', , Most of the methods computed herein are approximate Godunov solvers: VFRoe, VFFC, VFRoe ncv (,, u, p) and PVRS. The energy relaxation method with VFRoe ncv (,, u, p) and Rusanov scheme have been investigated too. Qualitative results are presented or commented for all test cases and numerical rates of convergence on some test cases have been measured for first- and second-order (Runge,Kutta 2 with MUSCL reconstruction) approximations. Note that rates are measured on solutions involving discontinuities, in order to estimate the loss of accuracy due to these discontinuities. Copyright © 2002 John Wiley & Sons, Ltd. [source]

Activism, Ideology, and Federalism: Judicial Behavior in Constitutional Challenges Before the Rehnquist Court, 1986,2000

Rorie 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]

The Diffusion of Rights: From Law on the Books to Organizational Rights Practices

LAW & SOCIETY REVIEW, Issue 3 2006
Jeb Barnes
How does law change society? To gain new leverage on this long-standing question, this article draws on two lines of research that often ignore each other: political science research on the mobilization of law, and sociological research on the diffusion of organizational practices. Our insights stem from six case studies of diverse organizations' responses to the accommodation provisions in the Americans with Disabilities Act and related state laws. We found that different modes of exposure to the law combined with organizational attributes to produce distinct "rights practices",styles of standard operating procedures and informal routines that reflect the understanding of legal requirements within an organization. The diversity of the organizational responses challenges simple dichotomies between compliance/noncompliance, change through deterrence/change through norms, and mobilization/nonmobilization, and it underscores the importance of combining political science and sociological perspectives on law and social change. [source]

Assessing the Effectiveness of Executive Order 12898: Environmental Justice for All?

Celeste Murphy, Greene
This article examines several federal and state laws, such as the Worker Protection Standards and the Florida Pesticide Law, to determine whether the goals of these laws are being achieved in the State of Florida. A survey based on questions pertaining to various laws was used to gather data on farm workers in three South Florida counties. Face,to,face interviews were conducted with farm workers in Palm Beach and Indian River counties, Florida, in 1997 and in Collier County, Florida, in 1999. Overall, the findings indicate that farm workers in South Florida have been exposed to pesticides through direct or indirect spraying. The findings of the study reveal that federal and state laws,currently in place to protect the workers from pesticide exposure,are not effectively implemented, and farm workers are uninformed of the laws that exist to protect them from pesticide exposure. The study concludes with policy recommendations that will improve the implementation and enforcement of the current laws, which are designed to protect farm workers from pesticide exposure. [source]

Legal and ethical considerations for genetic clinical research

Judith E. Beach
Abstract From the trend in modern medicine toward the study of genes and their contribution to the development of disease has evolved an increased awareness of ,the diversity of genetic fingerprints among individuals' [1]. The incorporation of this knowledge into the technologies of the pharmaceutical industry has led to the emerging field of ,pharmacogenomics'; that is, the process of identifying the differences in genetic sequences between individuals and developing therapies [2] as ,personal medicines' [3]. For example, a drug used as a muscle relaxant during surgery, suxamethonium, was found to be lethal to patients who possessed a rare version of a gene involved in nerve transmission so that now those who receive this drug are tested for this specific gene [4]. Although pharmacogenomics promises great possibilities for the future of medicine, it does involve ethical and legal considerations that must be considered. Indeed, potential misuses of genetic information, such as discrimination in obtaining health insurance and in the workplace, need to be addressed. Genetic testing practices remain more advanced than the national and international laws governing the appropriate use of genetics. Although there is no national law in the United States that specifically addresses DNA and genetic privacy, several federal regulations would apply indirectly to the protection of this information and state legislators have successfully passed numerous state laws. Professional associations and private organizations have issued several guidelines for genetic testing practices. The purpose of this report is to provide a picture of the legal and ethical ramifications of genetic testing in clinical research. The genetic testing issue is presented herein in the categories of national, international, and state laws, policies, regulations and guidelines. Copyright © 2003 John Wiley & Sons, Ltd. [source]

Can a Plantation be Fair?

Paradoxes, Possibilities in Fair Trade Darjeeling Tea Certification
Abstract This paper explores interactions between the Indian government's colonially inspired Plantations Labour Act and TransFair USA's fair trade standards. Although fair trade makes claims to universalistic notions of social justice and workers' empowerment, what "fairness" means and how it is experienced varies by locale. In this paper, I discuss how state laws and fair trade certification agencies complement and contradict each other on Darjeeling tea plantations. I argue that by reinforcing neoliberal logic, fair trade undermines the state, which has maintained the responsibility of regulating the treatment of workers on plantations. Certification often leads to the dissolution of unions, which are regarded as a barrier to trade. [source]

A comparative study of laws, rules, codes and other influences on nursing homes' disaster preparedness in the Gulf Coast states

Professor Lisa M. Brown Ph.D.
In 2005, Hurricanes Katrina and Rita devastated several Gulf Coast states and caused many deaths. The hurricane- related deaths of 70 nursing home residents,34 believed drowned in St. Rita's Nursing Home in Louisiana and 36 from 12 other nursing homes,highlighted problems associated with poorly developed and executed disaster plans, uninformed evacuation decision-making, and generally inadequate response by providers and first responders (DHHS, 2006; Hyer, Brown, Berman, & Polivka-West, 2006). Such loss of human life perhaps could have been prevented and certainly lessened if, prior to the hurricanes, policies, regulations, and laws had been enacted, executable disaster guidelines been available, vendor contracts been honored, and sufficient planning taken place. This article discusses applicable federal and state laws and regulations that govern disaster preparedness with a particular focus on nursing homes. It highlights gaps in these laws and makes suggestions regarding future disaster planning. Copyright © 2007 John Wiley & Sons, Ltd. [source]