Showing papers on "Legislation published in 1969"

Corruption, Machine Politics, and Political Change

Abstract: The study of political influence in the West has for the most part focused on the process by which interest groups affect the content of legislation; hence, the input process has occupied the center of attention.Students of politics in the new states of Africa and Asia who have adopted this perspective, however, have been struck by the relative weakness both of interest structures to organize demands and of institutionalized channels through which such demands, once organized, might be communicated to decisionmakers. The open clash of organized interests is often conspicuously absent during the formulation of legislation in these nations. To conclude from this, however, that the public has little or no effect on the eventual “output” of government would be completely unwarranted. Between the passage of legislation and its actual implementation lies an entirely different political arena that, in spite of its informality and particularism, has a great effect on the execution of policy.Much of the expression of political interests in the new states has been disregarded because Western scholars, accustomed to their own politics, have been looking in the wrong place. A large portion of individual demands, and even group demands, in developing nations reach the political system, not before laws are passed, but rather at the enforcement stage.

Public participation in planning

Abstract: Recent world-wide unrest of students and workers alike has indicated a desire by the general public to have more say in the running of government affairs. Planning being closely linked with politics, is also under considerable pressure. Governments are being compelled to recognize this desire, and in Britain, with its record for political compromise and a land use planning system more comprehensive than in any other country, the Government set up a committee in 1967 to examine the ways in which the public might participate in the planning process.1 This committee has taken evidence from a wide variety of interested parties; a reflection of the nation-wide desire by members of the public to decide their own future. The setting up of this committee is the most recent example of government recognition of this problem following the publication of The Future of Development Plans,2 Town and Country Planning,3 and the passing of the Town and Country Planning Act 1968.4 Further stimulus to increased public participation in planning has come from a general disillusionment with local government as it exists at the moment in Britain. A belief that councillors are no longer representative of the electors has led to the desire for either an additional system to supplement the existing one, or a completely new system which will truly represent the public view. In addition, the apparent widespread success of participation by the American public5 in planning over the last few years makes it reasonable to assume that similar success might be attained in Britain. The respectability lent to participation by the American example has also contributed to the British government's acceptance of and legislation for an increase in the amount of participation in British planning. These factors and the planning profession's urgent desire to improve its public image, have resulted in the recent governmental and professional interest in this demand for increased information which may well lead to participation on a scale much wider than exists at present. The purpose of this report is to examine the question of public participation in planning from first principles. It attempts to define at the outset what constitutes the 'public', and discusses whether 'participation' is a meaningful and realistic expression for public involvement. It also attempts to define what the aims of public participation are, and how far the present system succeeds in ♦This report was prepared by a group of postgraduate students in the Department of Civic Design (Town and Regional Planning and Transport Studies) in the University of Liverpool. The members of the group were Mrs S. M. Cornath, Miss P. M. Howard, F. W. Marshall, A. Simkins, J. G. Stimpson and A. B. Upward. The report has been edited by Miss Reynolds.

A program for direct and proxy voting in the legislative process

Abstract: This paper has argued that changing technology has increased opportunities for voter participation in the legislative process and has presented a proposal which takes some advantage of such possibilities. The objective has not been so much to criticize our present legislative voting arrangement, but to suggest for the future an alternative that might prove superior. The New Left balks at the “establishment”, and conservatives look with dismay upon the “liberal clique”. Direct participation largely would solve these problems, by-passing intermediaries and allowing direct voter or voter-proxy approval of all legislation. If we accept the principal that, with constitutional guarantees, qualified individuals should determine as democratically and as directly as possible the decisions that affect their personal and corporate welfare, then the future holds opportunities for greater efficiency in collective action.

PHYSICAL ABUSE OF CHILDREN Findings and Implications of a Nationwide Survey

Abstract: One of the basic obstacles to the development of effective countermeasures against accidental injury is the fact that the intensity of public concern over a particular type of injury-producing episode bears little relationship to its prevalence or to the seriousness of its consequences. An aircraft accident that takes 40 lives receives national attention through the mass media, whereas the fact that 150 persons died on the highways on the same day (and on every subsequent day) goes virtually unnoticed. The entrapment of a handful of children in discarded refrigerators has produced major changes in federal, state, and local laws; the death and injury of fifty times that number from accidental gunshot wounds has failed to produce even minimally effective legislation for the regulation of firearms. The "box office" appeal of various types of accident would make an interesting study; certainly in the absence of some knowledge of this phenomenon the cost-effectiveness principle is almost impossible to apply to accident counter-measures. The following paper deals very productively with this problem. For a number of years the "abused" or "battered" child has elicited very strong concern on the part of professionals in law, medicine, social work, and child care. And one consequence of this concern has been the establishment of legislative machinery and a reporting system. Good epidemiological research reveals, however, that child abuse, despite the intense response that it has aroused, has, in fact, relatively low prevalence and that, by implication, the funds and manpower that it now absorbs more appropriately be devoted to a more signfficant cause of childhood injury. Unfortunately, legislative and administrative routines, once established, tend to perpetuate themselves. It will be interesting to note whether, in the light of the epidemiological findings, the reporting requirements will be withdrawn. Another major contribution of this paper is its attribution of child abuse to the social rather than the psychological characteristics of the parents. Although the past decade has witnessed an increasing concern with poverty and the poor, virtually no attention has been devoted to the differential vulnerability to accidental injury of children in various socioeconomic levels ard subcultural groups. Our increased understanding of cultural deprivation and of lower-class life style gives us ample material for speculation about this differential, but such speculation is hazardous, and systematic empirical research must be undertaken. Meanwhile the present paper and the one by Kravitz and Driessen offer us useful guidelines. Language: en

Physicians and medicare: a before-after study of the effects of legislation on attitudes.

Abstract: problem across social strata. One informant, himself a successful attorney, was rather contemptuous of the survey. He could not believe that our standardized questions could apply to him since he had such ready access to legal services. Yet, in another section of the interview, this informant said that he had been cheated by a "gypsy" roofing contractor and that he had neither initiated legal action on the matter nor consultated anyone about such a possibility. This respondent was able to combine a comfortable sense of legal efficacy and a rather restricted concept of the limits of legal action. Our findings suggest that those who advocate the extension of legal services through such devices as the neighborhood law office, group legal service, lay advocacy, and the ombudsman could well found their claim on failures beyond the denial of legal services to the poor.

The Effectiveness of State and Local Regulation of Handguns: A Statistical Analysis

Abstract: One aspect of the continuing debate over weapons control, apart from Constitutional issues, is whether legislation is inherently capable of reducing crime and deaths by shooting The opponents of increased control, tacitly admitting that empirical evidence is one means for measuring the effect of weapons regulation, have contended that "[e]xpert opinion and compelling evidence seem to indicate that the amount or kind of crime in a community is not substantially affected by the relative ease with which a person can obtain a firearm" National Rifle Association of America, The Gun Law Problem 10 In the following study the authors employ data analysis techniques to examine the efficacy of state and municipal controls on handguns They conclude that many lives would be saved if all states increased their level of control to that of New Jersey, the state having the most stringent gun control laws

Model Cities First Round: Politics, Planning, and Participation

Abstract: THE PROVISION FOR WIDESPREAD CITIZEN PARTICIPATION IN THE BASIC MODEL CITIES LEGISLATION HAS BEEN IMPLEMENTED IN THE CONTEXT OF A GROWING SOCIAL MOVEMENT BY RESIDENTS OF DISADVANTAGED NEIGHBORHOODS FOR A GREATER ROLE IN NEIGHBORHOOD AND CITYWIDE DECISION-MAKING. THE COMPLEX SOCIO-POLITICAL CONTEST OF MODEL CITIES PLANNING OFFERS A CHALLENGE TO PLANNERS AND IMPORTANT IMPLICATIONS FOR THE EDUCATION OF THE NEXT GENERATION. THE EMERGENCE OF THE RESIDENT PARTICIPATION ELEMENT AS A POWERFUL REALITY HAS CHANGED THE ENTIRE CONCEPTION OF WHAT THE PLANNING PROCESS WOULD BE LIKE AND WHAT MIGHT BE ACCOMPLISHED. COMMUNITY DECISION ORGANIZATIONS, SUCH AS URBAN RENEWAL AGENCIES, BOARDS OF EDUCATION, HEALTH AND WELFARE COUNCILS, AND ANTI-POVERTY AGENCIES, AFTER THE INITIAL STAGES OF PLANNING IN MANY CITIES HAVE BEEN ECLIPSED BY THE NEIGHBORHOOD-CITY HALL STRUGGLE, BUT MAY PARTICIPATE MORE ACTIVELY LATER IN SPECIFICATION AND IMPLEMENTATION OF PLANS. THE CONCEPT OF A COMMUNITY PLANNER AS AN EXPERT HELPING DEVELOP COMMUNITY LIFE PLANS IS A CONCEPT WHICH DOES NOT FIT THE REALITY OF MODEL CITIES PLANNING. THE MASTER PLANNING MUST CONSIDER THE PLANNER AS: (1) A KEY ACTOR IN THE ESSENTIALLY POLITICAL PROCESS OF INTERORGANIZATIONAL DECISION-MAKING, (2) REPRESENTING A CONSTITUENCY RATHER THAN MERELY ACTION FROM ALLEGED PUBLIC INTEREST, (3) A ROLE WHICH MUST BE REDEFINED BY SUBSTITUTING A MODEL OF THE PLANNING PROCESS IN WHICH ANY INDIVIDUAL PLANNER IS NOT SO MUCH A CONSULTANT TO THE ENTIRE PLANNING SYSTEM AS TO ONE PARTICIPATING PARTY, (4) THE INJECTOR OF RATIONAL-TECHNICAL CONSIDERATIONS IN RELATION TO CERTAIN OF THE RESPECTIVE PARTIES TO THE POLITICAL DECISION-MAKING PROCESS, AND (5) AN ADVOCATE OF RATIONAL-TECHNICAL CONSIDERATIONS IN THE PURSUIT OF SOCIO-POLITICALLY DETERMINED GOALS BOTH WITHIN THE RESPECTIVE DECISION-MAKING ORGANIZATIONS AND AMONG THEM.

Transplantation — A Case for Consent

Abstract: The Uniform Anatomical Gift Act, drafted by the Commissioners on Uniform State Laws, provides a comprehensive and modern legal framework for the donation of human organs for medical research, education and therapy. Widespread adoption of the Act, which eliminates existing unnecessary legal formalities, will make available more human tissue for medical purposes. In building the Act on the principles of consent and voluntary donation, the Commissioners recognized and protected other important interests in a dead body. They further recognized that many nonlegal impediments to the procurement of organs exist that cannot be overcome by legislation but must be resolved. Because of this approach, the Act is widely supported by the medical and legal communities and the general public and will soon probably become the law of most states. Such acceptance obviates the need for more radical legislative measures that would eliminate the principles of consent and voluntary donation. Finally, legislation that d...

Evaluating Canada's New Immigration and Refugee Protection Act in Its Global Context

Abstract: The author examines the changes to Canadian Immigration Law in the new Immigration and Refugee Protection Act in a global context. She identifies three categories of changes: those that legislate current practice, those that are partial attempts to include legal recommendations, and those that are a direct response to globalization. The author concludes that overall, immigration law in Canada is resistant to substantial change, in spite of major efforts at public consultation. As a result, despite considerable changes in new legislation, the central features of the old legislation have remained intact.

Contracting for engineering and construction projects

Abstract: Peter Marsh’s book has long been recognized as a standard work. With its emphasis on the commercial aspects of contracting, this book represents an eminently practical guide to this complex subject for purchaser and contractor alike. This edition reflects recent changes in case law and legislation, the major change being the passing of the Housing Grants, Construction and Regeneration Act 1996. The book also charts changes to model forms of contract conditions, in particular the new PACE forms of government contracts. Contracts covered are those for the construction of buildings and civil engineering works, the supply and installation of mechanical, electrical and process plants and also for computer system and facilities management. Methods of contracting, including PFI schemes, are critically examined and reference is made to the Government’s latest thinking on prime contracting. As in previous editions, this book covers contract planning and contract administration, deals with both the preparation and the appraisal of tenders and explains in detail how to draft the key clauses in a contract to ensure the maximum advantage. In this revised version, Contracting for Engineering and Construction Projects will continue to serve the needs of purchasing and contracts staff, engineers, quantity surveyors, project managers and legal advisers seeking a reliable source of guidance.

Social Justice through Civil Justice

Abstract: An important assumption underlying the Office of Economic Opportunity (OEO) Legal Services Program is that enforcement of legal rights through litigation can significantly improve the situation of the poor. The assumption seems valid on commonsense grounds, since it is evident that litigation can improve the situation of an individual client, rich or poor, for restitution or redress is after all the essential objective of a lawsuit; it would seem equally evident that the same proposition would hold for the poor as a group. The analysis here suggests that this is not true without substantial reservations and qualifications. If sound, this conclusion has immediate policy significance in the operation of the Legal Services Program. The objectives of the Legal Services Program (LSP) have never been officially stated in very coherent terms. The Economic Opportunity Act of 1964 creating OEO did not explicitly authorize a program of legal services;' the renewal legislation ratified LSP without explaining it.2 The diverse supporters of LSP, ranaina from the organized bar to

An Introduction to the Regulation of the Petroleum Industry: Laws, Contracts, and Conventions

Abstract: Part 1 General Aspects of Petroleum and the Petroleum Industry: Part 2 General Principles of Petroleum Legislation: Objectives and Structure of Petroleum Legislation. Contents of Basic Petroleum Laws and their Regulations. Licences. Contracts of Work. Petroleum Taxation. Part 3 Past and Current Petroleum Legislation: The Traditional Concessions in the Middle East. United Kingdom Legislation. Norwegian Legislation. Netherlands Legislation. Egyptian Legislation. Malaysian Legislation. Part 4 International Regulation of Offshore Petroleum Operations: The 1958 Convention on the Continental Shelf. The 1982 Convention on the Law of the Sea. The Protection of the Marine Environment. Part 5 Co-operation Agreements: Joint Operating Agreements. Farmin/Farmout Agreements. Joint Development Agreements. Part 6 Petroleum Policies of Multi-State Organizations: The Organization of Petroleum Exporting Countries (OPEC). The European Union.

The flammable fabrics problem

Abstract: The following paper deals with a type of accident whose etiology includes an aspect of modern technology--in this case the use of flammable fabrics in commercially manufactured clothing. In its opening pages, the paper deals with one of the essential first steps in the development of countermeasures, namely, the large-scale and systematic gathering of epidemiologic data. Without such data, the prevalence of the problem cannot be known, and in the absence of information on prevalence it is possible that an important cause of morbidity or mortality will go unnoticed or unchecked, or on the other hand, that disproportionate amounts of money and manpower will be devoted to countermeasures against relatively trivial causes. Moreover, it is only through sound and extensive epidemiological data that some understanding of etiology can be obtained. Another important contribution made by this paper is the recognition that in the prevention of clothing burns, as in the prevention of many other kinds of accidental injury, several alternative countermeasures are available. All too often practitioners in accident prevention regard a single countermeasure as the only feasible one and as far more effective than it turns out to be when applied. Although the paper recognizes the existence of alternatives, however, it falls short both in enumerating them and in evaluating them critically. Clothing burns involve three factors: flammable fabric, the behavior of the wearer, and the presence of a source of heat. Although the paper discusses legislation (to eliminate flammable fabrics) and education (to modify the behavior of the wearer), it says nothing about legislation, education, or other efforts to eliminate or provide safeguards against the heat source. However, there are convincing data to indicate that the elimination of open flames (through the substitution of central heating for fireplaces, for example) is one of the most effective countermeasures against clothing burns. Such a reduction of open flames may be achieved through legislation (against certain types of space heaters) or technological changes. Moreover, although it is important to recognize that there are alternative countermeasures, it is even more important to distinguish their relative effectiveness. In discussing education, for example, it is important to note that few, if any, systematic studies have shown that an educational program--whether in driver education or in home safety--has shown any reduction in accidents whereas legislative efforts have been highly successful, especially when the countermeasure has involved a modification of a technological practice. Certainly in the case of flammable clothing, an educational program would have to be addressed primarily to those who have been recognized as "hard to reach" and who live surrounded by environmental hazards which cannot be removed by education alone. In its treatment of legislative efforts, this paper leaves a number of questions unanswered. Why, for example, did 9 years elapse between the "cowboy chaps" incident and the enactment of legislation against flammable fabrics? And why was the initial legislation so inadequate as to require amendment, which did not occur until 13 years later? Despite the very high effectiveness of legislative countermeasures against industrial accidents, many people involved in public health and other areas related to safety seem reluctant to initiate legislation that might effectively remove certain environmental hazards. Perhaps because of their own professional traditions, they prefer to rely on education and publicity programs, despite their demonstrated ineffectiveness. It is possible that a clearer understanding of the legislative process, coupled with the identification of special interest groups which oppose such legislation, might lead to far more effective countermeasures. Language: en

IV. James Mill's Politics: The ‘Essay on Government’ and the Movement for Reform

Abstract: The Benthamites or Utilitarians are often held to have been at least partly responsible for the Reform Act of 1832. To historians who make this attribution, Bentham's own writings have not been a help. They are generally too abstract and difficult to have been popular; and where (as in the Parliamentary Reform Catechism) they have an avowed practical purpose, they are at once too detailed and too extreme to be easily related to practical legislation. James Mill, on the other hand, claimed to be disciple of Bentham, held administrative office, and wrote short tracts which are known to have circulated among a whole generation of young liberals in the 1820s.2

Decision-Making in a Parole Bureaucracy:

Abstract: This paper examines parole agent decision processes in a pa role bureaucracy. Legislation making all parolees eligible for dis charge when they successfully completed two years of parole re quired agents to submit case evaluations and recommendations to the California Adult Authority for final decision. Parole agent reports were analyzed across approximately fifty information items and related to the probabilities of recommendation for dis charge. Agents were found to vary widely in the types of infor mation they choose to report and in the impact of that informa tion on their decisions. Whether or not a particular client is discharged from parole seems to depend on circumstances of time and place rather than any overall rational assessment of his parole career.

Clones, controversy, and criminal law: a comment on the proposal for legislation governing assisted human reproduction.

Abstract: In the past few years there has been a tremendous amount of regulatory conflict and social controversy in the area of reproductive genetics. The Canadian government has recently released a proposal for legislating in this complex arena. Although the proposed Bill contains many positive elements, it is argued that the use of the criminal law as a regulatory mechanism is neither warranted nor appropriate. The author suggests a more flexible and responsive system of moratoriums and licences that would enable review and adjustment to the realities of emerging reproductive technologies is a better approach.

Statistical surveillance of a Title XIX program.

Abstract: OLLOWING Congressional enactment of Public Law 89-97 in the summer of 1965, California's legislature met in special session to consider legislation which would enable California to participate in the law's Title XIX provisions. Implementing legislation, signed by the governor on November 12, specified that a new California Medical Assistance Program, with an exceptionally broad scope of benefits, would begin operating March 1, 1966. This program is now popularly known, and will hereinafter be referred to as "Medi-Cal." The "single State agency to administer the plan," required by Section 1902(a) (5) of Title XIX, in California is the Health and Welfare Agency, established some years ago to coordinate the activities of the State Departments of Public Health, Social Welfare, Mental Hygiene, and Rehabilitation. Specifically for the purpose of administering the Medi-Cal program, a new entity, called the Office of Health Care Services (OHCS), was created within the California Health and Welfare Agency. OHCS undertook some program functions itself, such as fiscal auditing. For the performance of other functions, it contracted with outside agencies, some private and some public. Among these was the California Department of Public Health. This department has long had responsibilities for licensing hospitals and nursing homes in California. It was assigned certification responsibilities under Title XIX, and assigned new responsibilities for consultation with professional groups concerning their participation in Medi-Cal. Finally, within the department a Surveillance Unit was created to ( 1 ) "provide accurate and complete statistical review of vendor activities designed to produce effective program management"; (2) provide data necessary "for determination of reasonable rates and charges for services"; (3) "engage in a continuing medical care review . . . in order to carry out the intent of the law that persons receiving care under the (program) shall receive care equal in quality to other portions of the population." In September, 1967, among other administrative changes, the Health and Welfare Agency removed the surveillance function from the Department of Public Health. This article is limited to describing certain surveillance techniques developed during the first 18 months of the Medi-Cal program, when the Department of Public Health was the responsi-

Crimes, Penalties, and Legislatures:

Abstract: The California State Assembly requested its own Office of Research to report on the deterrent effects of criminal penalties. Previous Assembly experience had indicated that information assembled by legislative technical staff could have a significant impact on legislation and social change. This paper summarizes and comments on the criminal-penalties study. It was found that there is no evidence that severe penalties deter crime more effectively than less severe penal ties. Critical deterrents vary according to type of individual and type of offense. Prisons are more destructive than rehabilitative. Increased investments in community-level action, including improving the efficiency of police activity and of community rehabilitation programs, are probably more effective crime-control measures than reliance upon institu tionalization of offenders. This paper focuses upon the arbi trary parole-decision process as a critical and representative defect in the criminal-justice system. More recently, study has le...

The Contraband Slave Trade to Brazil, 1831-1845

Abstract: A S STUDENTS OF Latin American history know, many laws regulating or restricting important economic matters were notoriously violated during both the colonial and national periods. The processes involved in evading the law sometimes became, in fact, more institutionalized than the structure of the law itself. Many examples could be cited of how laws bearing on slavery were disregarded; one of the most conspicuous is the contraband slave trade to Brazil from 1831 to 1852. By this means hundreds of thousands of Africans were transported to South America and, though legally "free,'" were compelled to spend their lives in slavery, passing this condition on to their children and grandchildren. This paper gives an account of that illegal traffic to the year 1845, showing how custom and economic forces could render legislation almost totally ineffectual.' On November 23, 1826, a British-Brazilian treaty was signed in Rio de Janeiro which made it illegal for Brazilian subjects to participate in the international slave trade, beginning three years from the date of ratification. Such illegal trading in slaves, moreover, was to be "deemed and treated as piracy. '2 After years of negotiations Great Britain had won (or extorted) a solemn commitment from a Brazilian government for an unconditional end to the impor-

Intention and Reality: The American Planner Overseas

Abstract: American planners working in low-income countries find it necessary to be involved in areas of economic, social, and political change which are not normally part of the planning profession in advanced countries. At the same time they find weak institutional and bureaucratic arrangements, out-of-date legislation, little reliable data, along with a lack of administrative and civic support in a highly politicized, professionally isolated environment. Their American education has done little to prepare them for the problems of urban development in industrializing countries where planners must not only plan but also build institutions capable of carrying on the work of planning. This institutional development is an instance of innovative planning for key areas of change to transform the structure of a complex system. It is suggested here that U.S. education for planning overseas be concentrated in several American universities through the development of strong graduate programs with active correlated ...