Showing papers on "Legislation published in 1975"

A quantitative approach to content validity

Abstract: CIVIL rights legislation, the attendant actions of compliance agencies, and a few landmark court cases have provided the impetus for the extension of the application of content validity from academic achievement testing to personnel testing in business and industry. Pressed by the legal requirement to demonstrate validity, and constrained by the limited applicability of traditional criterion-related methodologies, practitioners are more and more turning to content validity in search of solutions. Over time, criterion-related validity principles and strategies have evolved so that the term, "commonly accepted professional practice" has meaning. Such is not the case with content validity. The relative newness of the field, the proprietary nature of work done by professionals practicing in industry, to say nothing of the ever present legal overtones, have predictably militated against publication in the journals and formal discussion at professional meetings. There is a paucity of literature on content validity in employment testing, and much of what exists has eminated from civil service commissions. The selectipn of civil servants, with its eligibility lists and "pass-fail" concepts, has always been something of a special case with limited transferability to industry. Given the current lack of consensus in professional practice, practitioners will more and more face each other in adversary roles as expert witnesses for plaintiff and defendant. Until professionals reach some degree of concurrence regarding what constitutes acceptable evidence of content validity, there is a serious risk that the courts and the enforcement agencies will play the major determining role. Hopefully, this paper will modestly contribute to the improvement of this state of affairs (1) by helping sharpen the content ' A paper presented at Content Validity [1, a conference held at Bowling Green

The Independent Judiciary in an Interest-Group Perspective

Abstract: We believe that at a deeper level the independent judiciary is not only consistent with, but essential to, the interest-group theory of government. Part I of this paper explains our theory of the independent judiciary. Part II discusses several implications of the theory, relating to administrative regulation, the form of interest-group legislation, the tenure of judges, and constitutional adjudication. The appendix to this paper presents an empirical analysis of judicial independence using data on Acts of Congress that have been held unconstitutional by the Supreme Court.

Sex Discrimination Act

Abstract: The Act of Parliament of the United Kingdom which protected men and women from discrimination on the grounds of sex or marriage. The Act was repealed in full by the Equality Act 2010. The Gender Recognition Act 2004 and The Sex Discrimination Act 1975 (Amendment) Regulations 2008 amended parts of this Act to apply to transsexual people. Other amendments were introduced by the Sex Discrimination Act 1986, the Employment Act 1989, the Equality Act 2006, and other legislation such as rulings by the European Court of Justice. The Act did not apply in Northern Ireland, however The Sex Discrimination Gender Reassignment Regulations (Northern Ireland) 1999 does.

The Independent Judiciary in an Interest-Group Perspective

Abstract: We believe that at a deeper level the independent judiciary is not only consistent with, but essential to, the interest-group theory of government. Part I of this paper explains our theory of the independent judiciary. Part II discusses several implications of the theory, relating to administrative regulation, the form of interest-group legislation, the tenure of judges, and constitutional adjudication. The appendix to this paper presents an empirical analysis of judicial independence using data on Acts of Congress that have been held unconstitutional by the Supreme Court.

Warranty and Complaint Policies: An Opportunity for Marketing Management

Abstract: A DECADE of consumerism has substantially redefined the relationship of buyer and seller in the marketplace. Consumer activism, legislation, and heightened consumer expectations have placed more responsibility on the manufacturer for the performance of his goods, with a corresponding increase in the "rights" of the consumer. Direct complaints to manufacturers from the better-educated, increasingly affluent and aware consumer have burgeoned in this new climate. Although business appears to be doing a much better job in dealing with irate consumers, expectations have apparently outstripped this improvement. Federal Trade Commissioner Engman recently summed up the situation by saying: "The simple fact is that for vast and increasing numbers of consumers with valid complaints, there is nothing to be done . .. other than kick the dog, yell at his children, and curse at his wife."' In this article the authors focus on an area that has received relatively little attention in the ongoing furor of consumerism: warranty and complaint policies and practices of consumer packaged goods manufacturers (CPGMs). Although attacked by consumer activists on several fronts-unit pricing, informational labeling, package standardization, and the like-CPGMs have generally maintained a low profile in an area of business practice that has been a major issue for other types of manufacturers. Studies by the authors and others show that CPGM response to overt consumer dissatisfaction is generally good, but that many CPGMs choose to ignore-or do not fully appreciate-the magnitude of customer dissatisfaction with their products, and have not formulated adequate policies and procedures to deal with it.2 Furthermore, some opportunities inherent in offering guarantees and responding to complaints have not been fully explored. In the following pages, the authors:

The new indonesian marriage law: a mirror of Indonesia's political, cultural, and legal systems

Abstract: Indonesias 1st national marriage law effective January 2 1974 was an attempt to unify the diverse legal systems and parts of legal systems which regulate Indonesian familial matters. Although now on the statute books the law has had little effect. Its history of enactment and its prospects of implementation supply a mirror of Indonesias legal political and cultural processes. Moslems felt that they had been pushed aside in the formulation of the proposal and they also objected to some of the bills articles which they considered contrary to their religion. Heated debates took place both within and outside the House of Representatives. Of the many articles of the proposed bill which aroused controversy Article 2(1) -- which stipulated that registration was necessary for a valid marriage -- was the most debated. Also causing much debate were Articles 3 and 40 which required permission from a civil court before a Moslem man may marry more than 1 wife and before a Moslem man or woman may divorce his or her spouse. Another debated subject was Article 11(2) which stipulates that religious differences are not obstacles to marriage. Moslem objection to this proposed article has a long history. The original bill had 73 articles and the compromise law had 67. Anything determined to be contrary to Islamic law in the original bill was either changed taken out or left subject to future implementing regulations.

Psychiatric Referrals from the Police

Abstract: This is a study of one mode of inception into psychiatric care in Birmingham. Mentally disturbed people coming to the attention of the police are referred to a mental welfare officer and assessed by him, usually in a police station. The mental welfare officer may then refer for a psychiatric decision with regard to further management, and the patient is examined by the doctor in the police station. The annual frequency of use of this referral system was studied from 1962-73 inclusive. It is shown that there was an increase in referral over the years and that such referral from the police became an increasing proportion of new referrals to the Mental Health Department (Social Services Department). The sample of referrals from the police for 12 months is studied in greater detail (252 cases), surveying social characteristics of individual patients, the relationships between such police intervention and areas of the city, the nature of situation requiring intervention and the management and treatment which these patients received. The referrals were traced from contact with the mental welfare officer to hospital where the case notes of those admitted were studied for details of legal status and mental state on admission, diagnosis, duration of stay and disposal. The effectiveness of this method of entering treatment is discussed and some recommendations are made.

The First Year Impact of Wisconsin School Finance Legislation, 1973, on the Equality of Educational Expenditures in Twenty-Two Metropolitan Milwaukee School Districts.

Abstract: THE FIRST YEAR IMPACT OF WISCONSIN SCHOOL FINANCE LEGISLATION, 1973, ON THE EQUALITY OF EDUCATIONAL EXPENDITURES IN TWENTY-TWO METROPOLITAN MILWAUKEE SCHOOL DISTRICTS Thomas C. Ripley, Ph.D. The change in the equality of per pupil expenditures of twenty-two metropolitan Milwaukee school districts before and after the implementation of the State of Wisconsin's new power equalization formula for school finance is investigated by this study. The equality of per pupil expenditures for line items that comprise the current operating expenses of a school district are computed using the traditional standard deviation statistic and the Gini coefficient. The values of these statistics are compared for the two years that straddle the implementation of power equalization, 1972-73 and 1973-74. The results demonstrate that the equality of per pupil expenditures increased for most of the line items and for total current operating expenses after the implementation of distiict

Mass Removals and Separate Development

Abstract: As the Bantustan leaders sit down in conference with Mr Vorster to negotiate 'independence', one other major aspect of the Bantustan policy of the South African government goes on apace. This is the mass removal out of the 'white' areas of hundreds of thousands of Africans and their resettlement in the African reserves. The displacement and herding around of black people was not the invention of the present government. Its predecessors carried out earlier mass removals, following such policy guidelines as the 1913 Native Land Act, the 1923 Stallard Commission and its resulting legislation, and the 1936 Land Act which set the limits upon land which was to constitute the reserves. But with the application of the policy of apartheid after 1948, and especially the rigorous enforcement of legislation in the 1960s, removals took on a more systematic nature. Legislation like the Group Areas Acts of 1950 and 1957, the Natives Resettlement Act of 1954, the Native Trust and Land Amendment Act of 1954, and the Native (later Bantu) Laws Amendment Acts of 1952, 1963, 1965 and 1970 have provided the authority and the machinery for the mass removals. At the same time the institutional framework for Separate Development has been established by the Bantu Authorities Act of 1951, the Promotion of Bantu Self-government Act of 1959, the Bantu Homelands Constitution Act of 1971, and the Bantu Affairs Administration Act of 1973. The main focus of attention on removals has been on the resettlement camps,' the impoverished and destitute 'dumping grounds'.2 Although these camps are perhaps the most glaring cases of suffering, they are not the whole story. The pattern has developed beyond the particular instances of Limehill and Stinkwater and the total numbers have increased. Future plans are staggering; but then so is the theoretical proposition that over half the black population should be removed into the reserves.

A review of the research on general health status indexes.

Abstract: During the mid-1960's, recognition of the spiraling cost of health care motivated Congress to enact several major pieces of legislation designed to underwrite efforts to improve the delivery of health services. The increased level of federal fiscal participation in the health service system has forced greater consciousness of the need for better accountability of the effectiveness and efficiency of the allocation of the dollar. Demands were articulated for precision tools which could evaluate the imput to output linkage between need and response; however, the tools were nascent and had limited applicability. Cost-effectiveness and cost-benefit analysis are two procedures that have since been applied with varying levels of success. A third tool, also developed as an outgrowth of the desire for a more accurate characterization of the planning concerns of an efficient/effective health service system, is the general health status index. The purpose of this article is to provide the reader with a comprehensive review of the literature on general health status indexes. Common objectives and constraints are presented, as well as a discussion of the expanding role of general health status indexes.

Children as Passengers in Automobiles: The Neglected Minority on the Nation's Highways

Abstract: The federal government is urging states to enact legislation requiring that safety belts be worn. Small children are excluded from this requirement. Following the neonatal period, the motor vehicle poses the greatest single threat to a child9s life. Contrary to popular belief, more small children are killed and injured inside the vehicle than outside. The majority of children now ride in cars unprotected or inadequately protected. Standard safety belts are unsuitable for small children. Special devices capable of distributing collision forces over a large body area should be used. Original children9s car "safety" seats were not intended to protect their occupants in a crash. These seats became subject to a government safety standard in April 1971. Shortly after this standard came into effect it was shown to be grossly inadequate in ensuring crash protection. A proposal for revising current safety criteria was issued in March 1974— to be implemented in September 1975. A number of progressive companies have developed crashworthy devices. As public awareness is being awakened, manufacturers are beginning to find that "safety" sells. Child crash protection has not escaped the attention of safety experts whose writings are reviewed, but it is shown that lack of parent awareness and concern can be directly related to sparse and often inaccurate and incomplete information available. Many popular child care books ignore the subject entirely. Because correct use of devices is of such critical importance, instructions detailing what parents must do should be prominently displayed on a permanent label attached to the device. observation of car seats in use confirms that correct installation of the device itself and/or proper securement of the child within the device is the exception rather than the rule. The development of child restraints is of recent date. It is essential to keep abreast of advances made in the field. Earlier recommendations may be superseded by more recent research findings. It has been found that parents are most receplive to new ideas prior to and immediately following the birth of a new baby. In-hospital instruction of expectant and new parents is showing promising results. There is an urgent need for pediatricians to become involved in this vital area of "preventive medicine."

Varieties of Banking and Regional Economic Development in the United States, 1840-1860

Abstract: It is sometimes asserted that a laissez-faire policy toward financial intermediaries tends to deepen financial development and accelerate economic growth. The two decades preceding the American Civil War provide a challenging case for this proposition because they witnessed something approaching a natural experiment. During those years the Federal government withdrew from the regulation of banking, a policy that was the final outcome of Andrew Jackson's war with the Second Bank of the United States. A wide range of experiments concerning entry into commercial banking were tried, from “free” banking to “socialized” banking. Moreover, other kinds of legislation affecting banking varied from state to state as well. While the regions of the United States differed in terms of economic structure, a common language, a common legal tradition, and, to some extent, a common culture permeated all regions. Thus, the period provides excellent conditions for observing the effects of financial legislation on the extent of financial intermediation. In this paper I will assess the impact on financial development of the three most important forms of regulation: the commercial banking laws, the usury laws, and the mutual savings banking laws.

Respiratory Disease in Coal Miners

Abstract: LAST year the Social Security Administration disbursed more than $1 billion for "black lung" compensation. By way of comparison, for 1971 the total disbursement for all other industrial injury and illness for the entire US population covered by workmen's compensation laws was only $2.4 billion. Yet, there are around 120,000 working coal miners as compared to approximately 30 to 40 million other US workers covered by workmen's compensation laws. Nor can this disparity be explained by the fact that a disabled miner receives almost twice as much in compensation as does a disabled steelworker with silicosis. The Federal Coal Mine Health and Safety Act of 1969, and the regulations that were put into effect as the result of the passage of this act, enabled any coal miner to qualify for "black lung" benefits provided he had (1) roentgenographic evidence of complicated pneumoconiosis (progressive massive fibrosis [PMF]); (2) simple pneumoconiosis in

The Concept of National Parks in Great Britain 1900-1950

Abstract: National Parks were promoted in Great Britain as a means of preserving scenery and wildlife, and of satisfying demands for more outdoor recreation. Steps were taken to avert any conflict between these objectives, and attempts were made to reconcile the designation of parks with contemporary town and country planning legislation. The advocates of parks stressed the positive benefits of a series of parks forming an essential component of a national land-use plan for post-war Britain. In setting up a National Parks authority, consideration was given to wider administrative questions, the sectional interests of other land-users; and the particular problems of Scotland. The paper is based on contemporary documentation, and concludes by illustrating how some of the principles which lay behind the concept of National Parks were applied to individual tracts of land in the period up to the implementation of the National Parks and Access to the Countryside Act of

Differential Assessment as Land Use Policy: The California Case

Abstract: The California Land Conservation Act of 1965 is enabling legislation designed to maintain the agricultural economy of the state, prevent discontiguous patterns of urban/suburban development, and assist in the preservation of prime agricultural and open space lands. The program in California is among the largest in the states that have enacted legislation to maintain land in agricultural and open space uses. In fiscal 1974–75, 13.7 million acres were in the program at an estimated cost of $58.17 million in local property taxes foregone or shifted throughout the state. This legislation has generally been ineffective as a land use management technique to stimulate orderly growth. Not only are the incentives inadequate to induce landowners in the rural-urban fringe to participate, but its unsystematic implementation by local governments has also diminished its effect on the allocation of land between uses. However, the program probably has enhanced the economic viability of agriculture by providing f...

HMOs, competition, and government.

Abstract: This article considers the role of three sets of forces affecting the development of health maintenance organizations (HMOs) during the early 1970s: legal restrictions, market conditions, and the federal government's policy stance. Our review of the evidence suggests that the rapid increase in the number of HMOs during this period was primarily due to favorable market conditions in certain areas of the country combined with a highly encouraging federal policy toward HMOs. Legal restrictions do not appear to have been as serious a barrier to HMO development as was earlier believed. In 1973-74, major new legislation was enacted at both the federal and state levels, ostensibly to encourage HMO development. Our review of this legislation suggests that, while it removes many of the old legal requirements which apparently were not serious barriers to HMO development, the new legislation imposes a host of new conditions and requirements on HMO participation in the health care marketplace. Ironically, some of these new features may impede the operation of the very market forces which encouraged the earlier HMO growth.

Implications of California's new mental health law.

Abstract: The author describes the impact that implementation of California's new mental health law and of its amendments has had on the development of community mental health programs. The new legislation has acted as a catalyst to the growth of local mental health programs by providing restrictions on involuntary treatment as well as fiscal incentives for local programs. The effect of the legislation on patients has varied according to patient needs and the resources available in the community. Although the problems and controversies have arisen regarding the placement of chronic patients, impact on law enforcement, and quality of care, the service delivery system developed in response to the new legislation has resulted in a greater emphasis on crisis intervention, greater visibility of direct services, and increased community awareness and concern regarding mental health. The author concludes that mental health laws can become the catalyst for major changes in the mental health services delivery system.

On the form of special interest legislation

Abstract: In this paper, we have examined the form of special interest benefits as determined by the interaction between interest groups and political parties. We concluded that the party is interested in granting benefits with long expected lives, since in this way the amount which can be appropriated by the party is increased. However, it is often true that long lived benefits have high deadweight losses; this explains the inefficient form in which subsidies are often granted. The theory developed here has several other implications. First, there should be a hierarachy of benefits granted to groups. Second, there is no presumption of consistency in benefit granting legislation, since benefits are sold on a piecemeal basis. Third, one law can benefit several groups, including certain customers of the industry. Fourth, regulatory commissions can themselves become an interest group. Fifth, pressure groups could be formed by political organizations. Sixth, benefits, once granted, should be repealed less often in a two party democracy than in a multiparty democracy. Finally, shorter lived benefits would be favored by politicians or parties which had safer tenure. Our model also has certain implications for optimal term of office of elected officials. In a recent article, Posner (1974) has argued that the current theory of regulation does not predict that expensive (inefficient) methods of conferring benefits would be used; and he argues that the current theory is generally lacking in testable implications. This paper has provided an extension of the current theory, which predicts the form of benefits and does have refutable implications.

Foreign Investment Review Act

Abstract: The Foreign Investment Review Act is complex piece of legislation which will have an important impact on the Canadian business community. The Act provides the federal government with authority to review and approve or reject investments by "non-eligible persons" to acquire control of existing Canadian businesses, to create new businesses, and to expand existing businesses in Canada. The author briefly discusses the purpose of the Act and the reviewing mechanism. He then provides an analysis of some of the possible effects of the Act on the Canadian oil and gas industry.

Welfare Medicine in America: A Case Study of Medicaid

Abstract: This is a painful book to read, since it retells in excruciating detail the legislative origins and social consequences of one of the most controversial health laws in American history. Title XIX of the Social Security Act (Medicaid) was enacted in 1965. After describing the subsequent eight years of struggle, one of the kindest judgments that this study renders is that the law was "born to be transitional." Medicaid was flawed from the start. In part, it was a new federal health care program intended to bring "mainstream" health services to the poor, while at the same time, it was an extension of the ancient and discredited welfare system, providing "vendor payments" rather than services, and perpetuating the means test and a two-class system of care. The wording of the original legislation was confused, reflecting these divergent principles, and subsequent amendments, new state laws, and court rulings have clarified very

Land-Based Modeling System for Water Quality Management Studies

Abstract: Supported by recent legislation (notably P.L. 92-500), the scope of water quality planning has expanded to include a range of comprehensive planning. In response to the needs generated by comprehensive water quality planning, a computer system called ADAPT(Areal Design and Planning Tool) has been developed. ADAPT is composed of a highly accessible large data file and a series of mathematical submodels which facilitate the storage and use of spatially arrayed data. Though originally implemented as part of a large water quality management study of the lower James River in Virginia where it was used in a variety of land-use/development and sewer/treatment plant design tasks, its flexible structure makes it broadly applicable to a wide range of environmental planning concerns. The basic structure of ADAPT is described, together with a description of its implementation.

Legislative advocacy: One path to social change

Abstract: 108 The press to meet mounting social any of these programs would affect problems, combined with budgetary well over a million people. Other pro cutbacks, elimination of programs, imgrams affect even more recipients. For poundment of funds, and scarce reexample, the 1972 changes in Medicaid sources, makes this a critical period (P.L. 92-603) terminated some bene for social welfare and the social work fits for over 20 million low-income profession. If the profession is to recitizens, and an increase in Medicare main viable, more social workers must fees would affect virtually everyone become active as legislative advocates, over age 65, or about 22 million In this article the term legislative adelderly and disabled people.2 vocate refers to any individual, agency, The largest social welfare program or organization who attempts to influis, of course, social security. If Con ence the course of a bill or other gress makes one change in social se legislative measure. curity benefits, which it does nearly The purpose of this article is threeevery year, that change can directly fold: (1) to present data supporting influence the income of 124 million the assertion that this is indeed a critipeople—30 million beneficiaries and cal and perhaps a pivotal period for 94 million workers (whose payroll tax social work, (2) to discuss factors in would be increased)—well over half the legislative process that set limits on the population.3 the amount of influence one may exDespite a Republican administration pect to exert, including the roles of and the demise of many social pro compromise, time, and rational persuagrams started in the 1960s, important sion, and (3) to examine specific tacwelfare legislation continues to be in tics that may be used—the provision troduced and debated in both federal of timely and relevant information, the and state legislatures. For example, selection of targets of influence, and major federal legislation has been in the use of legislative and administratroduced recently on child develop tive staffs as conduits of influence. ment, health care, the minimum wage, welfare reform, social security, hous NEED FOR ADVOCATES i„g( an(j manpower.4 And thousands The need for involvement of social of bills concerning social welfare are workers in legislative advocacy has introduced each year into the fifty state long been recognized and supported.1 legislatures. Few bills survive the tor However, it is even more critical now tuous legislative process. Some deserve because of three significant factors: to pass, but many are not in the best ( 1 ) The breadth of social legislation interests of the public or do not rep causes even minor changes in policy to resent enlightened social policy. The have a major impact on millions of point is that social change will come people. (2) Much important social about whether or not social workers legislation continues to be introduced are actively involved in the process, each year. Moreover, an ever growing Moreover, federal, state, and local proportion of the budget and national governments allocated 55 percent of resources is being devoted to welfaretheir budgets for welfare activities in type activities, and it is important that fiscal 1973, compared with 42 per social workers have a role in determincent in 1965. Social welfare expendi ing priorities. (3) The lack of a budtures under public programs rose from getary surplus, combined with a slow $52.3 billion in 1960 to $215 billion rate of growth, will make competition in 1972. The proportion of the gross for funds expended on social welfare national product devoted to public so more intense than in the past. cial welfare increased from 11.8 per New legislation can produce widecent in 1965 to 17.6 percent in 1973.5 spread social change for specific segIn short, the public sector's role in ments of the population. For example, financing social welfare is growing in fiscal 1972 there were 17 governrapidly. In addition, decisions affecting mental income-transfer and in-kind social welfare are being made increas programs, each of which had over a ingly in state and federal legislatures, million recipients. Thus a change in Revenue sharing shifts even more deci