Showing papers on "Legislation published in 1982"

Law, legislation, and liberty: A new statement of the liberal principles of justice and political economy

Abstract: Foreword to the Routledge Classics Edition Consolidated Preface Introduction Volume I Rules and Order 1.Reason and Evolution 2. Cosmos and Taxis 3. Principles and Expediency 4. The Changing Concept of Law 5. Nomos: The Law of Liberty 6. Thesis: The Law of Legislation Notes Volume 2 The Mirage of Social Justice 7. General Welfare and Particular Purposes 8. The Quest for Justice 9. 'Social' or Distributive Justice 10. The Market Order or Catallaxy 11. The Discipline of Abstract Rules and the Emotions of the Tribal Society Notes Volume 3 The Political Order of a Free People 12. Majority Opinion and Contemporary Democracy 13. The Division of Democratic Powers 14. The Public Sector and the Private Sector 15. Government Policy and the Market 16. The Miscarriage of the Democratic Ideal: A Recapitualation 17. A Model Constitution 18. The Containment of Power and the Dethronement of Politics Epilogue: The Three Sources of Human Values Notes Index of Authors cited in Volumes 1-3 Subject index to Volumes 1-3

Cosponsoring Legislation in the U. S. Congress

Abstract: Since the mid-1930s in the Senate and the late-1.960s in the House, members of Congress have been permitted to cosponsor legislation. Many members have become very active in cosponsoring legislation, while others have shown some reluctance. This article investigates several possible reasons for differing levels of cosponsorship activity. The goals of securing re-election, gaining influence within the Congress, and producing good public policy, as well as the member's general level of legislative activity, are examined as influences on cosponsorship activity. The findings indicate that the representative's cosponsorship activity is influenced by ideology (the representative's measure of good public policy), by the representative's general level of legislative activity, and by the representative's re-election prospects if in the Senate and seniority if in the House.

Campaign Contributions and Legislative Voting: Milk Money and Dairy Price Supports

Abstract: -M W fANY MEMBERS of the press and the public apparently believe that interest groups "buy" influence by contributing to political campaigns. This belief has been cited as reason for Congress either publicly to finance congressional campaigns or to place a limit on the amount of monies that a candidate may receive from political action committees. In spite of this public discussion, few scholars have investigated systematically whether campaign contributions directly affect public policy or, more specifically, whether the likelihood that a legislator will vote for a bill favored by an interest group increases upon receiving a contribution from the group. Empirical research on legislative voting can be categorized into two groups. The first group of studies has investigated the relationship between dimensions of voting (e.g. composites of votes on several issues) and measures of general district opinion such as referendum results (Miller and Stokes, 1963; Erickson, 1978; Kuklinski, 1977, 1978; Kuklinski and McCrone, 1980; and Markus, 1974). The second group has focused on the relationship between a congressman's vote on specific bills and the opinions (or self-interest) of sections of his constituency (Bernstein and Anthony, 1974; Danielson and Rubin, 1977; Kau and Rubin, 1978, 1979; and Abrams, 1977). Opinion is usually measured by socioeconomic characteristics. To elaborate on Kuklinski's (1979) criticism, the presumption is that legislative voting is influenced by constituents' opinions but socioeconomic characteristics are no more than proxy variables for such opinions. Most of those used are poor proxies because a priori it is not clear which of many characteristics will predict voting and because the ability of a characteristic to predict voting presumably varies over issues. To be an adequate proxy, a socioeconomic characteristic must be sufficiently refined so that it is related to opinion on a specific bill. In the case of a vote on a specific piece of legislation, the size of a group for whom the issue is salient may be a convincing measure of its influence; and the more precisely the group is defined, the better the variable as a proxy. For instance, in this study dairy industry characteristics arguably are better measures of opinion on dairy price supports than general district characteristics such as percentage of the population which is rural. Furthermore, dairy industry characteristics presumably are poor measures of the relevant dimensions of district opinion on issues such as civil rights. For issues involving specific subgroups of votes, the relationship between a proxy variable and voting is not necessarily a black box. However, district level measures of

Sweet freedom : the struggle for women's liberation

Abstract: 1. New beginnings 2. Work 3. Family 4. Legislation 5. Unions 6. Learning 7. Culture 8. Sex 9. The Future

Politics and Health Care Organization: Hmos As Federal Policy

Abstract: Among various health cost containment strategies proposed during the 1970s, none has held more sustained fascination than the health maintenance organization (HMO). For many years, policy analysts in search of market- and incentive-based alternatives to command and control regulation have argued that medical groups combining prepayment and group practice, and offering comprehensive medical services within a fixed budget, would hold down costs both by their own efficient operations and by the competitive pressures they would apply to the conventional systems. During the 1970s, three presidents and five Congresses worked to formulate and implement legislation to increase the HMO presence nationwide, with very modest results. Some observers concluded that but for the well-intended but counterproductive efforts of the federal government, HMOs might thrive. Indeed, the Reagan administration has called for an end to direct federal financial involvement in building HMOsthough it has also promised legislation to promote HMOs and a newly competitive health care system based on revamped financial incentives and reinvigorated markets. In this book, Lawrence D. Brown, a senior fellow in the Brookings Governmental Studies program, examines the interplay between politics and policy in the federal HMO development effort between 1970 and 1980. He argues that the basic explanation for the disappointments of the policy analysts and federal supporters of HMOs lies not in a political miscarriage but in the overambitious promises of the policy strategy itself. Tracing the poor fit between policy and politics revealed by federal efforts to translate the attractive HMO idea into a workable strategy, Brown concludes that the episode augurs poorly for the competitive reforms frequently offered as a nonregulatory solution to rising health care costs in the 1980s."

Caseload Management: Choosing Suitable Clients in a Community Health Clinic Agency

Abstract: Discretion in decision-making is a well-known but poorly understood phenomenon. This paper examines the contextual features influencing the exercise of discretion in screening and assigning clients in a community mental health agency. I develop a caseload management model to analyze the interplay between organizational circumstances, determinations of client suitability, and decision-making outcomes. This study finds: (1) Decisions are based on judgments of client suitability. (2) These assessments use stereotyped characterizations to typify clients as suitable. (3) The typifications serve as a means of limiting the allocations of scarce treatment resources. I describe the related common-sense reasoning and decision-making practices which I observed. The community mental health care system has experienced a rapid expansion in the United States since the 1950s. Federal legislation in the 1960s provided a major impetus for this growth through subsidies for the construction and staffing of comprehensive community mental health centers. Through 1975, over 600 of these agencies had received federal funds and been designated to provide services to community residents in local catchment areas. There was also a parallel proliferation of community care agencies funded privately and by local government. Although clientele varies from agency to agency, the community mental health system as a whole must deal with two distinct client populations, each with its own needs and demands: (1) Chronic mental patients have been discharged in large numbers from state mental hospitals. Although the philosophy of community care as more humane and effective (Bellak, 1963) provided an ideological justification for deinstitutionalization, Scull (1977) argues that fiscal considerations were most important. Bassuk and Gerson (1978) note that patients released from state-funded mental hospitals can be shifted onto federally-funded support programs. (2) A new class of clients has been created through "net widening" (Van Dusen, 1981), expanding the definition of those in need of mental health care. These clients are generally less seriously disturbed, seeking relief from self-perceived personal problems or referred by official agents of the criminal justice and social welfare systems. The major problem currently facing the U.S. community mental health system is its failure to care for the gravely disabled, whose release from mental hospitals was predicated on continuing community care (Chu and Trotter, 1974; Kirk and Thierren, 1975). The cost of treatment has been subsidized by public funds to lower barriers to utilization, but this has not alleviated underutilization by the chronically ill population (Buck and Hirschman, 1980). Increased utilization by the less disabled population has absorbed the available supply of services without satiating the demand. The consequence is that the two client populations must compete for a limited supply of services; not all who seek treatment are able to obtain it. When the demand for an agency's services exceeds its resources, several responses are possible. It can make clients wait, or try to reduce demand, for example by negotiating with referral sources (Lang, 1981) or discouraging self-referrals (Gereboff, 1981). Alternatively, the agency

Safety Regulation and Firm Size: Effects of the Coal Mine Health and Safety Act of 1969

Abstract: The Coal Mine Health and Safety Act of 1969 has contributed to the decline in mine productivity, which must be weighed against safer working conditions for the miners. There may be some overstatement of the benefits if only fatalities are considered, however, because there was an increase in non-fatal accidents after 1970. Safety regulations have forced the closure of some small mines and raised some questions about the tradeoffs necessary when work safety reduces competition. A review of pertinent legislation, a hedonic wage-differential model, and the effects of union wage policy are applied to these questions. 4 tables. (DCK)

Conditioning U.S. Security Assistance on Human Rights Practices

Abstract: In the United States, with its government of separated powers and functions, it is the executive branch, and in particular the Department of State, that bears responsibility for implementing legislation on foreign relations. The success of implementation will depend on political decisions, involving competing national interests, as well as on institutional and personal considerations of the officials concerned. Inevitably, there is a gap between legislation and execution, especially when the Executive is not wholly sympathetic to the law. The gap may even devour legislated policies as the Executive refuses "to take Care that the Laws be faithfully executed,"2 and bureaucratic and personal considerations distort judgments, exploit the generality and uncertainty of language, and lead to abuse of discretion. A notable instance of this problem has been executive implementation of legislation on international human rights. The international law of human rights imposes obligations on governments in the exercise of their domestic sovereignty. Under the Universal Declaration, the United Nations Covenants, the European and Inter-American Conventions, and the Helsinki accords, states have defined and agreed to respect certain basic freedoms of persons within their jurisdiction.3 These obligations suggest a corresponding duty of one government not to support another engaged in serious violations of internationally recognized human rights. In the world of states,

Federal regulation of personnel and human resource management

Abstract: Introduction: the regulatory model. Part One: Equal employment opportunity. Basic principles of EEO. Sex discrimination. Nationality. Other EEO classifications. Evidence and proof in EEO: the prima facie case. Evidence and proof in EEO: job relatedness. Affirmative action. Part Two: Safety and health. Workers' compensation laws. The occupational safety and health act. The impact of OSHA. Part Three: Pay and benefits. Regulation of employee pension and benefit plans: origins. The employee retirement income security act: provisions and impact. Post-ERISA benefits legislation. Compensation law. Part Four: Other employee rights. Privacy. Job security.

Martial Law: Legal and Administrative Problems of Civil Emergency in Britain and the Empire, 1800–1940*

Abstract: Not the least significant constitutional difference between Britain and many continental states in the nineteenth century lay in the sphere of formal arrangements for the exercise of power during civil emergencies. Britain had no clearly understood concept of notrecht or of 'state of siege’. This omission certainly reflected the absence of foreign invasion as much as the feebleness of domestic revolutionary threats. Internal emergencies occurred, indeed, with a frequency hard to square with the old Whig interpretation; but while they often alarmed the authorities, none of them proved so formidable as not to be amenable to control by the civil power backed up by fairly small numbers of troops. A good deal of emergency legislation was passed until the 1820s, but thereafter a marked decline in the incidence and severity of violent disturbance, and in the violence of the government's responses, set in. The threat of revolution in Britain itself, in so far as it had ever existed, had faded. The terrible uncertainties revealed by the 1831 Bristol riots could be optimistically put aside: magistrates could get by with ‘reading the Riot Act’ and trusting to luck, and perhaps a few dragoons or yeomanry.

Corporate Strategy and the Small Firm

Abstract: There is very little known about the interplay between the management development and strategic issues associated with the birth and growth of the firm.1 Indeed, most of the advice, teaching, and other schemes tend to focus on relatively easy technical problems such as taxation, legislation or accounting procedures, and on solving problems rather than on the more difficult conceptual area of developing a total strategy.2

The Ideological Origins of the Second Amendment

Abstract: Since its ratification in 1791 the Second Amendment has remained in relative obscurity. Virtually ignored by the Supreme Court, the amendment has been termed "obsolete," "defunct," and an "unused provision" with no meaning for the twentieth century by scholars dealing with the Bill of Rights.1 And yet, many Americans consider this amendment as vital to their liberties today as did the founders nearly two hundred years ago. Their sense of urgency arises from the current debate over gun control. Disagreements over gun legislation reveal disparate perceptions of American society that rest upon, or inspire, dissimilar interpretations of the Second Amendment. Opponents of restrictive measures emphasize the free individual's rights and privileges and adamantly contend that the "right to bear arms" phrase constitutes the essence of the amendment. Their bumper stickers-modern day cockades-declare: "When guns are outlawed only outlaws will have guns," or "Hitler got his start registering guns." These simplistic ideas, symbolic of much deeper and more complex ideological beliefs, gain sustenance from a wide variety of popular sources. It is the National Rifle Association (NRA), however, that transforms this popular impulse into one of the most powerful and active lobbies in Washington. Its magazine, The American Rifleman, clearly states the issue: "The NRA, the foremost guardian of the traditional American right to 'keep and bear arms,' believes that every lawabiding citizen is entitled to the ownership and legal use of firearms. a "2 For their part, advocates of restrictive gun legislation emphasize collective rights and communal responsibilities. In order to protect society from the violence they associate with armed individuals, these people stress the "well reg-

The menace of margarine: the rise and fall of a social problem*

Abstract: This paper examines the rise and fall of legislation controlling margarine in the United States in an effort to understand the development of definitions of the substance as a social problem. While instrumental maneuvering by interest groups such as dairy farmers had much to do with the evolution of the problem, the definition of margarine was also affected by expressive, symbolic connotations. These forces were in turn influenced by economic circumstances including business cycles, and by two world wars. Margarine gained in popularity as it found political allies and as nutritionists and home economists, supported by advertising, began to portray it differently. Restrictive legislation was repealed in 1950 after both the Second World War and shifts in the respectability of margarine consumers produced a crisis leading to federal redefinition.

British Government Inspection, 1832–1875: Some Observations *

Abstract: Many historians now recognize that the establishment of central government inspection was of great importance in advancing mid-nineteenth-century social and administrative reform. MacDonagh, for example, calls the appointment of inspectors ‘a step of immense, if unforeseen, consequences’. Parris, in many respects MacDonagh’s critic, acknowledges that inspectors ‘played a leading role in legislation, including the development of their own powers’. Other authorities have taken a similar line; indeed, Burn maintains that the period could be characterized ‘the age of the inspector’, so pervasive was his influence.

Environmental Analysis of Transportation Systems

Abstract: The National Environmental Policy Act (NEPA) and other legislation have changed the transportation sector's history of placing facilities into operation without regard for their potential impacts. An array of regulations and specialized technical disciplines now face transportation agencies in advance of their projects. The information in this book will allow transportation engineers and planners to get handles on pertinent legislation, regulation, process guidelines, modeling techniques, and analysis procedures. The book begins with legislative and regulative actions at the federal level, then covers the technical aspects of planning, noise analysis, air quality, and terrestrial and aquatic impacts. 310 references, 71 figures, 34 tables.

The Multiphasic Environmental Assessment Procedure

Abstract: Congregate settings for older people have evolved in a somewhat haphazard manner to meet a variety of perceived needs. Among these are the need for physical security and social contact for isolated older people, the need for personal care for those whose ability to care for themselves has declined, and the need for medical care for those with chronic physical or mental disabilities. Through such programs as Medicare and Medicaid legislation and the Federal Housing Acts, society has moved to take some responsibility for addressing these needs. This move has been accompanied by growing concern about regulating and improving conditions in these settings, studying their impact on residents, and planning better-quality housing for the future.

Public participation in health planning agencies: promise and practice.

Abstract: Federal legislation provided an opportunity for health planning to "catch up" with the expanding citizen participation movements of recent years. Although the literature on health planning is mounting, there as yet has been no comprehensive, systematic effort to inventory the status of participation on a national scale. This note reports on a national study of Health Systems Agencies designed to inventory the participation objectives and methods in use, identify major participants and obstacles, and analyze impacts and factors influencing practice in the field. Among the findings are that agencies have favored "safe" participation methods that satisfy minimum federal requirements and provide information and public relations without transfer of power to consumers; and have broadened the base of participation in planning without mobilizing consumers or reducing the dominance of providers, who remain the most active, organized, and influential participants.

Fruit and Vegetable Marketing Orders: A Critique of the Issues and State of Analysis

Abstract: The late professor Sidney Hoos of Berkeley, a leading authority on marketing orders, once described them as neither all good nor all bad (1978, p. 13). The objective of this paper is to sort out some of the good and the bad and, importantly, some of the "undetermined." The recently completed USDA Review Team report on federal marketing orders for fruits and vegetables is a focal point for much of the discussion. However, marketing orders established under state legislation are included as well since the economic considerations are similar.

Policy sources of worker dissatisfactions: the case of human services in aging.

Abstract: This article explores job dissatisfaction experienced by service providers in the field of aging and the policy sources of such dissatisfactions. Workers interviewed identified four major areas of complaint about their jobs: lack of resources, agency problems, mandates and regulations, and client characteristics. Such problems, it is argued, are associated with specific characteristics of policies under which the respondents work. These characteristics include the symbolic nature of legislation, policy ambiguity, universal entitlement, and calculated fragmentation. Whether or not policy changes should be made to alleviate worker dissatisfactions is discussed in the concluding section of the article.

Cities and Jobs and Politics

Abstract: This article describes the origins of the Urban Jobs and Enterprise Zone Act, introduced in Congress in March 1982. Proponents of the legislation argue that it is a remedy for unemployment and urban stagnation. A more critical evaluation indicates that the legislation provides scant benefits for the inner-city poor, but windfall tax advantages for large firms. Jobs that might be provided are the most menial sort and subsidies are heavily weighted in favor of plant and equipment expansion. The proposal is best understood not as a solution to the urban problem but as part of a large redistribution of wealth and income. For the problems that purportedly inspire the legislation, better solutions are available.

Efficiency in the Provision of Health Care: An Analysis of Health Maintenance Organizations

Abstract: Since enactment of the Medicare and Medicaid programs in 1965, a growing public concern over the persistently rising costs of medical care has prompted the imposition of direct regulatory controls over much of the health care industry. The National Health Planning and Resources Development Act of 1974, for example, requires states to enact certificate of need legislation in order to qualify for certain federal subsidies. Under such statutes, all major investment decisions by hospitals, nursing homes and other health care institutions must be approved by designated regulatory agencies. As of 1974, such laws were already in effect in 24 states, and less direct controls over hospital investment were being applied in many others through a provision in the Social Security Amendments of 1972. These amendments also provide for the establishmenrt of quasi-regulatory bodies (Professional Standards Review Organizations) to decide whether the physician and hospital services received by federal beneficiaries under the Medicare, Medicaid, and Maternal and Child Health programs are medically necessary, are being provided in an efficient manner, and are of adequate quality. In addition to these regulatory controls over investment and utilization decisions, several states have imposed traditional public utility rate setting regulation over both hospitals and nursing homes, and some form of universal hospital cost control is a key feature of several prominent national health insurance proposals.I

The doctrine of exclusivity and the position of mixed agreements in the external relations of the european community

Abstract: The exclusive nature of the European Community's powers in the treaty-making field, and the boundary between these powers and those of the Member States, has produced some of the Court of Justice's most interesting and controversial case law. The judgments of the Court have to date concentrated on the existence and justification of the doctrine of exclusivity. It is now time to re-assess the effects of the doctrine, and its place in Community law. Its political consequences for the Member States are enormous, confirming, as it does, the extent to which they have transferred certain of their sovereign powers to the European Community-in relation not merely to domestic legislation, but to external, treaty-making powers, that most widely-accepted characteristic of the sovereign State.

Bureaucratic Discretion and the National Health Service Corps

Abstract: implementation.' It is an overtly normative view, holding that elected policymakers ought to exert considerable control over the implementation of programs. Clear policy mandates presumably comprise one appropriate path to control. Control in this case is a function of the degree to which founding legislation defines objectives, quantifies them, specifies time-tables for obtaining them, indicates priorities (where multiple objectives exist), and spells out the administrative structure and procedures to be used in implementing the program.2 Oversight activities comprise a second means to control. Through such activity, top policymakers ideally assure that program developments conform to their wishes. The continued appeal of the hierarchy assumption is hardly surprising in a democratic society. It seems consistent with democratic ideals about the rule of law and the thwarting of unaccountable bureaucratic power.3 Besides keeping

Industrial Compliance with Social Legislation: Investigations of Decision Rationales

Abstract: A model of compliance behavior and a research paradigm for testing the model's validity in organizational settings are presented. The model seeks to determine whether compliance decisions are based on normative or calculative criteria and whether such rationales are individual or organizational in origin. Studies that have tested the model are reviewed. They provide support for the general approach and also insight into specific legislation decision rationales.

Polls, Pollution and Politics: Trends in Public Opinion on the Environment

Abstract: Although opinion polls show that public support fpr environmental causes has decreased somewhat in recent years, analysis of results shows that, generally speaking, support for environmental protection is broad-based. Heretofore, environmental issues have been cast in bipartisan terms, and that is the way most environmental groups have tried to keep it. It is concluded that the present administration's policies are endangering that tradition. Results of a September 1981 CBS/New York Times survey on support of environmental legislation are broken down by region, by education, age, and race of respondent. (JGB)