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Showing papers on "Legislation published in 1987"


Book ChapterDOI
TL;DR: In this paper, the authors argue that the power of congressional standing committees rests on their domination of conference committees and that the parent houses must approve or disapprove of conference reports without amendment.
Abstract: Using spatial theory, Shepsle and Weingast argue that the power of congressional standing committees rests on their domination of conference committees. Members of the committees originating legislation dominate conference committee delegations and know that the parent houses must approve or disapprove of conference reports without amendment. This system gives committee members an opportunity to overturn changes in committee bills that were approved on the floor and creates a disincentive for legislators to offer amendments to committee bills in the first place. This conference power is called an ex post veto because it follows floor action. Legislative committees have fascinated scholars and reformers for more than a century. Differences of opinion concerning the role of committees persist, but there is a substantial consensus on a number of stylized facts: Committees are “gatekeepers” in their respective jurisdictions. Committees are repositories of policy expertise. Committees are policy incubators. Committees possess disproportionate control over the agenda in their policy domains. Committees are deferred to, and that deference is reciprocated. There is, however, a troublesome quality to this consensus. The items in this list (and there could undoubtedly be more) describe or label committee power, but they do not explain it. Explanations of these empirical regularities require a theory. In the case of each of these stylized facts, that is, a theory is needed to determine why things are done this way.

928 citations


Journal ArticleDOI
20 Feb 1987-JAMA
TL;DR: In 1963, fire claimed more than 60 lives in an Indiana nursing home and the disaster initiated what became persistent congressional investigations of far more than fire safety: attention turned to the nature of nursing facilities, the quality of care, private ownership, public regulation, and methods of payment as mentioned in this paper.
Abstract: In 1963, fire claimed more than 60 lives in an Indiana nursing home. The disaster initiated what became persistent congressional investigations of far more than fire safety: attention turned to the nature of nursing facilities, the quality of care, private ownership, public regulation, and methods of payment. Medicare and Medicaid programs, enacted in 1965, established the safety and performance of nursing homes as federal as well as state responsibilities. Later legislation carried forward the attempt to define the care-giving and residential characteristics of homes-with-nursing, evolving from typically small, mom-and-pop units into larger for-profit facilities grouped in chains. Nonprofit homes with community or religious sponsorship form a minority of the nursing home industry. Few regulatory issues have been more vexatious than the attempt to secure the well-being, care, and safety of the frail residents. Again and again, widespread deficiencies have been found, testifying to regulatory inadequacies and refractory underlying conflicts, some

230 citations


01 Jan 1987

169 citations


Journal ArticleDOI
TL;DR: In this article, the authors consider the problem of sharing information through debate in an endogenous, agenda-setting, collective-choice process and find in the equilibrium to the game that at least some legislators have incentives to conceal private information.
Abstract: Legislators' beliefs, preferences, and intentions are communicated in committees and legislatures through debates, the proposal of bills and amendments, and the recording of votes. Because such information is typically distributed asymmetrically within any group of decision makers, legislators have incentives to reveal or conceal private information strategically and thus manipulate the collective decision-making process in their favor. In consequence, any committee decision may in the end reflect only the interests of a minority. We address a problem of sharing information through debate in an endogenous, agenda-setting, collective-choice process. The model is game theoretic and we find in the equilibrium to the game that at least some legislators have incentives to conceal private information. Consequently, the final committee decision can be "incoherent" by failing to reflect the preferences of all committee members fully. Additionally, we characterize the subset of legislators with any incentive to conceal data.

134 citations


Journal ArticleDOI
TL;DR: The prospects for increased participatory approaches in health arenas has to recognise the persistence of some long-standing impediments, and depends upon how such issues as the sharing of knowledge and skills, information access, challenges to power and practics paradigms are being recognised and resolved in specific contexts.

123 citations


Journal ArticleDOI
TL;DR: The question of the customary character of the Geneva Conventions of August 12, 1949 for the Protection of Victims of War might appear academic as discussed by the authors, however, the question arises infrequently in view of the universal acceptance of the Conventions as treaties (they are binding on even more states than the Charter of the United Nations).
Abstract: At first glance, the question of the customary character of the Geneva Conventions of August 12, 1949 for the Protection of Victims of War might appear academic. After all, the question arises infrequently in view of the universal acceptance of the Conventions as treaties (they are binding on even more states than the Charter of the United Nations). That the matter may have practical importance, however, was recently brought home by its consideration by the International Court of Justice (ICJ) in the merits phase of Military and Paramilitary Activities in and against Nicaragua. Moreover, in numerous countries where customary law is treated as the law of the land but an act of the legislature is required to transform treaties into internal law, the question assumes importance if no such law has been enacted. Failure to enact the necessary legislation cannot affect the international obligations of these countries to implement the Geneva Conventions; but invoking a certain norm as customary rather than conventional in such situations may be crucial for ensuring protection of the individuals concerned.

113 citations


Book
15 Sep 1987
TL;DR: Saliba and Bush as discussed by the authors defined a water market transfer as a reallocation satisfying three conditions: water is bought and sold for its own sake and not as an incidental part of a land transfer, the buyer and seller agree to the transfer, and the transfer price is negotiated free of constraints.
Abstract: port to the President and the Congress (1973) made a strong case for adopting measures designed to facilitate voluntary water transfers as a means of both promoting a more efficient allocation of scarce water resources and curbing the perceived need for additional water supply projects. Although it has taken well over a decade, important policy decisions and legislative initiatives at the state and federal levels now reflect these recommendations with increasing frequency. In 1986 the Western Governors Association approved a resolution endorsing water use efficiency as a primary objective of water allocation and planning, and endorsed voluntary water transfers as a means of achieving this end. California has passed several laws in recent years designed to encourage and facilitate water transfers. Oregon, Nebraska, and Texas are considering legislation to encourage water marketing, and Congressman George Miller has introduced the concept of marketing into the federal legislative process with a proposal to establish an exchange for water supplied by the federal Central Valley Project. Although the Bureau of Reclamation (1987) stopped short of openly advocating water markets, their admission that their "mission must change from one based on federally supported construction to one based on effective and environmentally sensitive resource management" represents an important step in that direction. Voluntary water transfers are not new. All western states permit transfers under certain circumstances, and it has long been an axiom in the West that "water flows uphill to money." Yet, it has only been fairly recently that the level of interest in and the number of transfers have reached levels where it is no longer pretentious to speak of widespread water marketing. The introduction of a monthly newsletter, Water Market Update (1987), to provide detailed information on important developments, transactions, and trends in water marketing and the publication of a book devoted to the subject are evidence of this increased interest and activity. Saliba and Bush's analysis of water marketing in six southwestern states-Arizona, California, Colorado, Nevada, New Mexico, and Utah-is certainly timely. Saliba and Bush begin by stating a principal conclusion-"that economic, rather than institutional, considerations are responsible for limited market activity" (p. 7). At the outset, I was surprised by this conclusion. Upon finishing the book, I was also perplexed. Institutions are defined by the authors as "the set of political and legal norms and organizations which coordinate and govern individual activities" (p. 6). Downplaying the institutional obstacles to water markets is not supported by either the theory or the practice presented in the study. Chapter 1 defines a water market transfer as a reallocation satisfying three conditions: water is bought and sold for its own sake and not as an incidental part of a land transfer, the buyer and seller agree voluntarily to the transfer, and the transfer price is negotiated free of constraints. Alternative means for reallocating western water include forfeiture and abandonment, eminent domain, litigation, legislative settlements of conflicting claims, and redesign of water projects. Chapter 2 presents the market model, the

99 citations


BookDOI
TL;DR: This edition reflects the major changes in society, in legislation and in the nature of the interaction between families and the education system in the last decade.
Abstract: This edition has been revised and updated to include more material specifically related to work with schools. It reflects the major changes in society, in legislation and in the nature of the interaction between families and the education system in the last decade. The contributors all have links with the Child and Family Department of the Tavistock Clinic and include educational psychologists working with schools and hospitals, family therapists, child and family psychiatrists and teachers.

98 citations


Book
01 Jan 1987
TL;DR: The authors examines crimes committed by and against business: how common they are, what their effects are, how seriously they are regarded, what factors influence legislation, and how people think they could and should be controlled.
Abstract: Examines crimes committed by and against business: how common they are, what their effects are, how seriously they are regarded, what factors influence legislation, and how people think they could and should be controlled.

94 citations


Journal ArticleDOI
TL;DR: In this paper, a second best analysis where second best stems from informational asymmetries which prevent the implementation of lump-sum transfers needed for a first-best redistribution policy is proposed.

86 citations


Journal ArticleDOI
TL;DR: The Education for All Handicapped Children Act is an unusual piece of legislation in that it has continued to enjoy bipartisan support in an era of shrinking federal investment in such programs as mentioned in this paper.
Abstract: The Education for All Handicapped Children Act is an unusual piece of legislation in that it has continued to enjoy bipartisan support in an era of shrinking federal investment in such programs. Ju...

Book
01 Jan 1987
TL;DR: In this paper, the author traces the history of planning from the founding of Hong Kong in 1841 to the present, and examines in detail the relevant current legislation, procedures and government organisation, arguing that land-use planning should be considered as a specialised aspect of government administration.
Abstract: Land-use planning in Hong Kong has long been an inevitable subject of debate and controversy. Arguing that land-use planning should be considered as a specialised aspect of government administration, the author traces the history of planning from the founding of Hong Kong in 1841 to the present, and examines in detail the relevant current legislation, procedures and government organisation.

Journal ArticleDOI
TL;DR: In this article, the authors demonstrate the utility and importance of merging two distinct yet related lines of inquiry that have been pursued in connection with illegal business activity: organizational and financial characteristics that may lead to such behavior on the part of firms and political economic relations that influence legislation and enforcement efforts directed at business behavior.
Abstract: In this paper I demonstrate the utility and importance of merging two distinct yet related lines of inquiry that have been pursued in connection with illegal business activity. One tradition has sought to isolate the organizational and/or financial characteristics that may lead to such behavior on the part of firms. The other has investigated the political economic relations that influence legislation and enforcement efforts directed at business behavior. Using data on the Environmental Protection Agency's enforcement of the Federal Water Pollution Control Act, I analyze a structural model that links firm and regulatory characteristics to determine whether systematic biases operate in regulatory law enforcement. The results suggest that ostensibly neutral legal structures necessarily tend to favor more powerful businesses and to burden smaller companies disproportionately. Smaller firms appear more frequently on official lists of violators, indicating that regulatory law reflects and reproduces systemic inequalities.

Book
01 Jan 1987
TL;DR: In this paper, McCool analyzes the two conflicting doctrines relating to water use, one based on federal case law governing the rights of Indians on reservations, the other sanctioned by legislation and applied to non-Indians based on the ''iron triangles'' of bureaucrats, legislators, and interest groups that dominate policy issues.
Abstract: Much has been written about legal questions surrounding Indian water rights; this book now places them in the political framework that also includes water development. McCool analyzes the two conflicting doctrines relating to water use one based on federal case law governing the rights of Indians on reservations, the other sanctioned by legislation and applied to non-Indians based on the ""iron triangles"" of bureaucrats, legislators, and interest groups that dominate policy issues. He examines the way federal and BIA water development programs have reacted to conflict, competition, and opportunity from the turn of the century to the 1980s and updates the situation in an introduction written for this edition.

Journal ArticleDOI
TL;DR: The authors examines the obverse of that proposition: that under appropriate circumstances, presidents have strong incentives not to publicize their positions, and presents four political reasons why presidents might avoid publicly expressing their views.
Abstract: Presidents are known to have strong incentives to publicize their positions on legislation before the Congress. This paper examines the obverse of that proposition: that under appropriate circumstances, presidents have strong incentives not to publicize their positions. Data from the Kennedy and Johnson presidencies uncover 36 instances of unpublicized presidential preferences. The paper rejects apolitical explanations for their existence, and then presents four political reasons why presidents might avoid publicly expressing their views. Tests of inferences about congressional voting behavior based on those reasons are formulated, and the findings conform to the expectations. On the basis of those findings, I argue for additional research that examines various facets of the process by which presidents influence the Congress.

Journal ArticleDOI
TL;DR: In this paper, the authors argue that the underlying basis of principle of the Sex Discrimination Act 1975, specifically from a feminist point of view, has important implications in terms both of difficulties in using and enforcing the legislation and of our thinking about the proper direction of reform.
Abstract: Since the Equal Pay Act was enacted in 1970, Britain has gradually formulated a legislative scheme explicitly aimed at the elimination of certain forms of discrimination.1 The Sex Discrimination Acts 1975 and 1986 and the Race Relations Act 1986 have resulted. Accession to the European Community has introduced the European standard of equal treatment, prompting developments such as the Equal Pay (Amendment) Regulations 1983, which introduced the concept of equal pay for work of equal value. Indeed, it seems fair to say that protection from unjust discrimination on grounds of sex or race is the area of civil rights which has received the most systematic and innovative legislative attention in Britain over the past two decades. Correspondingly, the technical and strategic problems thrown up by the antidiscrimination legislation and questions about its reform have received much attention.2 In this paper, by contrast, I want to raise some more general questions about the underlying basis of principle of the Sex Discrimination Act 1975, specifically from a feminist point of view. For these general questions have, as I shall argue, important implications in terms both of difficulties in using and enforcing the legislation and of our thinking about the proper direction of reform. In arguing from a feminist perspective, I shall not give any detailed account of a particular version of feminist theory. It should be sufficient to my argument to characterise such a theory as one which takes as its starting point the fact of women's subordination and oppression and which thus evaluates anti-discrimination legislation in terms of its actual and potential contribution to the dismantling of such oppression. This is not to say that the project of constructing a detailed theory and working towards a full understanding of the nature of women's oppression is not of fundamental importance. Rather,

Book
01 Jan 1987
TL;DR: In the early 1960s, government activity was limited to small grants to national sport governing bodies and cost-sharing agreements with the provinces aimed at increasing participation in sport as discussed by the authors, and by the 1980s the federal government was pouring increasing funds into the support of elite athletes and the construction of sports facilities.
Abstract: Active Canadian government in sport is recent. Even after the passage of the Fitness and Amateur Sport Act in 1961, government activity was limited to small grants to national sport governing bodies and cost-sharing agreements with the provinces aimed at increasing participation in sport. By the end of the 1960s sport had come to be seen as an instrument which could be used to promote national unity. Government involvement increased, and by the 1980s the federal government was pouring increasing funds into the support of elite athletes and the construction of sports facilities.

Journal ArticleDOI
Yon Maley1
TL;DR: The characteristics of the language of legislation are derived from its role in the institution of law as discussed by the authors, and an analysis of the institutional context reveals links among history, social function, participant roles, accepted goals of legislation, and language use.
Abstract: The characteristics of the language of legislation are derived from its role in the institution of law. An analysis of the institutional context reveals links among history, social function, participant roles, accepted goals of legislation, and language use. The nature of an Act of Parliament as a perpetual speech act creates a frozen authoritative text so that the language itself becomes a component of the law. If legislation is to be both stable and flexible, institutional communicative strategies are required to organise linguistic means to these sociolinguistic ends. (Law, legislation, register, speech acts, communicative competence, communicative strategies)

01 Jan 1987
TL;DR: In 1982, Australia, Canada and New Zealand introduced freedom of information (FOI) laws as mentioned in this paper, and the author visited all three countries in 1986-7 to study how the legislation was being used and its impact on the workings of Westminster-style government.
Abstract: In 1982, Australia, Canada and New Zealand introduced freedom of information (FOI) laws. The author visited all three countries in 1986-7 to study how the legislation was being used, and its impact on the workings of Westminster-style government. A table summarizes the main features of the legislation. The article discusses the different appeal mechanisms; the implications for ministerial accountability; the level of take-up; the different categories of user; administrative costs and benefits; staffing requirements, refusal rates, fees, etc. Apart from requests for personal files, the level of demand has been relatively low; ministerial accountability remains unchanged; the legislation has successfully protected government secrets; and the overall cost has not proved too great. FOI has not realized its more ambitious objectives, such as increasing public participation in government decision-making; but at the same time, it has not fulfilled many of its opponents' worst fears.

Book
01 Jan 1987
TL;DR: In this article, Belknap examines the factors behind the federal government's long delay in responding to racial violence during the 1950s and 1960s and reveals that it was apprehension of a militant minority of white racists that ultimately spurred acquiescent state and local officials in the South to protect blacks and others involved in civil rights activities.
Abstract: "Federal Law and Southern Order," first published in 1987, examines the factors behind the federal government's long delay in responding to racial violence during the 1950s and 1960s. The book also reveals that it was apprehension of a militant minority of white racists that ultimately spurred acquiescent state and local officials in the South to protect blacks and others involved in civil rights activities. By tracing patterns of violent racial crimes and probing the federal government's persistent failure to punish those who committed the crimes, Michal R. Belknap tells how and why judges, presidents, members of Congress, and even Justice Department and Federal Bureau of Investigation officials accepted the South's insistence that federalism precluded any national interference in southern law enforcement. Lulled into complacency by the soothing rationalization of federalism, Washington for too long remained a bystander while the Ku Klux Klan and others used violence to sabotage the civil rights movement, Belknap demonstrates.In the foreword to this paperback edition, Belknap examines how other scholars, in works published after "Federal Law and Southern Order," have treated issues related to federal efforts to curb racial violence. He also explores how incidents of racial violence since the 1960s have been addressed by the state legal systems of the South and discusses the significance for the contemporary South of congressional legislation enacted during the 1960s to suppress racially motivated murders, beatings, and intimidation.


Journal ArticleDOI
TL;DR: This article examined the effect of mental illness on judges' evaluations of candidate patients' courtroom demeanor, testimony, and behavior during involuntary commitment hearings and suggested that contemporary commitment practices tend to enforce a sort of "community custody" upon those who avoid commitment.
Abstract: Under reformed commitment legislation, mental illness alone is insufficient grounds for mental hospitalization. Nonetheless, judges of involuntary commitment hearings operate under the working assumption that persons sought to be committed are mentally ill, and this assumption shapes all other aspects of their evaluations. This article treats the mental illness assumption as an experiental reality and explores the ways in which the assumption influences judges' assessments of candidate patients' courtroom demeanor, testimony, and behavior. It examines the assumption's effect on judges' evaluations of the tenability of these persons' proposed community living arrangements and suggests that contemporary commitment practices tend to enforce a sort of “community custody” upon those persons who avoid commitment.

01 Dec 1987
TL;DR: Aboriginal rights are based on a set of basic common law principles that operate uniformly across Canada, except where modified by treaty or legislation as mentioned in this paper, and the recent entrenchment of these rights completes the process.
Abstract: The entrenchment of aboriginal rights in the Constitution Act, 1982 and the importance of aboriginal claims now reaching the courts highlight the need to understand these long-ignored rights. This article sets out a general theory of the subject, drawing on the leading cases and the complex history of relations between native peoples and the Crown. Aboriginal rights are based on a set of basic common law principles that operate uniformly across Canada, except where modified by treaty or legislation. Under those principles, native peoples presumptively hold full rights to lands in their possession, and retain their accustomed laws and political institutions, including a measure of internal autonomy. The Crown holds, a general fiduciary obligation to protect aboriginal peoples and their lands. Aboriginal rights have long enjoyed some constitutional protection under the Royal Proclamation of 1763 and the Constitution Act, 1867. The recent entrenchment of these rights completes the process.

Book
21 Jul 1987
TL;DR: This new book covers in detail all the major procedures which an experimenter might need to know to produce worthwhile, and reliable studies using laboratory animals within the scope of the new Act, and tries to ensure that an animal will be treated as humanely as the authors' current knowledge or understanding makes possible.
Abstract: The UK Animals (Scientific Procedures) Act 1986 comes into force on 1st January 1987, replacing the 1876 Cruelty to Animals Act. The new regulations will not only apply to work on all living vertebrates, but will have a much wider scope, covering any work of an experimental/scientific nature which may have the effect of causing an animal pain, suffering, distress or lasting harm. This new book, which is closely based on an established training course, covers in detail all the major procedures which an experimenter might need to know to produce worthwhile, and reliable studies using laboratory animals within the scope of the new Act; in so doing it tries to ensure that an animal will be treated as humanely as our current knowledge or understanding makes possible. A significant factor in the design of such experiments is the initial choice of animals and the genetic, microbiological and temperamental qualities of the major species of laboratory animal are discussed in some detail, together with their correct housing and general handling. Major chapters follow on inoculation and drug administration, preparation for surgery, anaesthesia and analgesia, surgical techniques, and post-surgical care. The recent UK legislation is part of a worldwide trend to impose tighter controls on such work, and two important chapters discuss the ethical issues involved and compare the UK laws with the legislation in other countries such as the United States, Canada and Europe; as such it provides a significant contribution to this often emotive and publicly discussed topic.

Book
01 Jan 1987
TL;DR: Hogwood as discussed by the authors examines the public policy process as it is actually practiced throughout Britain today by tracing the "life" of an issue in the House of Parliament following the various stages through which issues pass, from agenda-setting to implementation and evaluation.
Abstract: This work examines the public policy process as it is actually practiced throughout Britain today by tracing the "life" of an issue in the House of Parliament Following the various stages through which issues pass, from agenda-setting to implementation and evaluation, this work presents a coherent sense of the progression of policy-making Hogwood analyzes the role Members of Parliament play in getting issues on the political agenda, discussing them, shaping legislation, and reviewing implemented policies, allowing the reader an easy understanding of the process from origination to conclusion

Journal ArticleDOI
01 Jun 1987
TL;DR: In this article, the authors examine state-to-state variation in the laws regulating consumer transactions and offer new indicators of important, but difficult to measure, concepts in policy analysis, and incorporate consumer protection policies into a general theory of regulation.
Abstract: SINCE 1976 the locus of regulatory responsibilities has shifted dramatically. With the Carter-sponsored economic deregulation and the Reagan relaxation of enforcement, the federal regulatory effort can be categorized as stable or declining (Ball 1984). Few federal efforts have been cut back as much as consumer protection. The Federal Trade Commission has become more market oriented; the Consumer Product Safety Commission now emphasizes voluntary controls; and the National Highway Traffic Safety Administration has become pro-automaker (Claybrook 1984; Pertschuk 1982). Consumer protection, however, has always been a regulatory policy area in which the federal government shared jurisdiction with the states. As the federal government withdraws from efforts that protect consumers, the activities of state governments may become more important. This research has two purposes: to examine state-to-state variation in the laws regulating consumer transactions, and to offer new indicators of important, but difficult to measure, concepts in policy analysis. Consumer protection policies will be incorporated into a general theory of regulation; policy is hypothesized to be a function of industry pressures, consumer groups, bureaucratic forces, and elected officials. These four factors determine consumer protection policy within a policy environment that is salient but not complex. Hypotheses derived from this theory are subjected to empirical tests with a fifty-state analysis of twenty-two state laws.

Journal ArticleDOI
Abstract: English legislative writing has long been criticised not only for its obscure, circumlocutious and tortuous syntax but also for its extreme linguistic conservatism. Its critics claim that, in spite of numerous governmental and social pressures, the style of legislative drafting has largely remained unchanged. However, some interesting attempts have come from within the drafting community in recent years to make their writing more readable without having to sacrifice their defensive and detailed mode of drafting. This paper examines one such trend to reduce information load at a particular point by making use of what might be called textual-mapping devices. This helps the draftsman not only to postpone or avoid specification of complicating legal content at a particular point in the legislative provision but also to establish text-cohering links with the preceding and preceded legislation. This paper presents a corpus-based detailed analysis of the use of textual-mapping devices, considering particularly their formal realization and the textual patterns they display in the expression of the legislative statement.

Journal ArticleDOI
TL;DR: Social workers through the principally those in the health care field, tively, judicially, and administratively to literature have provided little examination have debated these and other issues for a wide range of other client groups.
Abstract: need to be acquainted to pro tect client rights and to avoid being held liable for malprac tice or negligence. THE EMERGENCE OF widespread conFrederic G. Reamer v. Society of New York Hospital in which cern recently about client rights has Justice Ca dozo set forth his oft-cited opin had a marked effect on contemporary social ion concerning an individual's right to self work practice. Discussions concerning determination: "Every human being of client rights to confidentiality, s lfWith i creasing frequency, adult years and sound mind has a right to determination, and privileged communic soc al workers are being exdetermine what shall be done with his own tion, for example, are commonplace in part nected to comvlu With leaal rebody."7 To do otherwise, Cardozo argued, because of the increased sensitivity of social . , , ¥. . . c , is to commit an assault upon the person, workers to the general subject of profesqwrementS to ODtatn injormea Revelations following World War II of medi sional ethics, and in part because of the co sent from clients. In thisarcal experiments performed without consent concern of practitioners about their own icle, the ev lution of the conof the subjects and following the civil rights liability. The noteworthy growth o social cept of informed consent is movements of the 1960s helped form the work literature since the mid-1970s on the trnrpn and itt imnlirntinns fnr foundation for current informed consent subjects of professional ethics and client . , , ^ legislation and guidelines.8 The red-letter rights is evidence of this phenomenon.1 social WOrK practice are CtlSevent during this era was the 1957 case of A central theme in discussions of client CUSSed. Particular attention is Salgo v. Leland Stanford Jr. University rights is the obligation of practi ioners conpaid to leg l statutes and case Board of Trustees, in which the phrase in tinually to inform clients about plans to inlaw with which social workers formed consent was introduced. The plain tervene in their lives, and to obtain client need to be acauainted to proliff in this case, who became a paraplegic consent to intervention. Consistent with the . . ,. _ , j , , following a diagnostic procedure for a cir longstanding commitment of the social ? * , culatoiy disturbance, alleged that his physi work profession to the value of selfbeing held liable for malpraccian failed to disclose properly ahead of determination, social workers traditionally ti.ce or negligence. time pertinent information regarding risks have respected the right of clients to parassociated with the treatment.9 ticipate fully in efforts to assist the clients.2 Although the concept of informed con Despite social worker commitment to and ^^sent has its origin in medicine and health discussion of the general concept of selfcare, recently it has been applied legisla determination, social workers through the principally those in the health care field, tively, judicially, and administratively to literature have provided little examination have debated these and other issues for a wide range of other client groups. Social of the manner in which client consent is obdecades. The historical roots of informed workers regularly provide services to these tained in practice, of circumstances when consent have been traced to Plato, who in client groups and social workers often must consent is required, and of permissible exThe Laws compared the Greek slaveserve as advocates for the mentally ill and ceptions to client consent.3 In this article, physician who gave orders "in the brusque retarded, minors, medical patients, prison the historical and legal background of the fashion of a dictator" with the free physiers, and research subjects, in agencies that concept of informed consent is described, cian who "takes the patient and his family provide mental health services, for exam informed consent standards are outlined, into confidence ... [and] does not give pie, social workers must be familiar with and exceptions to informed consent are prescriptions until he has won the patient's consent requirements related to voluntary detailed. The protection of client rights support."4 The medieval French surgeon, and involuntary commitment and the through informed consent and avoidance of Henri de Mondeville, also stressed the imrights of institutionalized and outpatient liability for malpractice and negligence are portance of obtaining patient consent and clients regarding the use of psychotropic discussed, as are the implications of inconfidence, although he also urged his coldrugs, restraints, aversive treatment formed consent for social work practice. leagues to "compel the obedience of his pameasures, isolation, sterilization, and tients" by selectively slanting information psychosurgery. What do local statutes re provided to them.5 quire for an individual to be committed to By the late eighteenth century, European a psychiatric facility against his or her and American physicians and scientists, wishes? To what extent does a facility's How much information should clients such as Condorcet, Mirabeau, Cabanis, client bill of rights require that clients be have about their circumstances, prognoses, Volney, Chaussier, Virey, Rush, Gregory, consulted about treatment decisions?10 and prospective treatment? Do social workand Young, had begun to develop a tradiSocial workers in agencies that serve ers have the right to withhold information tion that encouraged professionals to share minors must keep pace with rapidly chang from certain clients? If so, under what cirinformation and decision making with their ing standards regarding consent of minors, cumstances? Who should be authorized to clients.6 The first major legal ruling in the For example, consent issues arise related to consent for clients who are unable to make United States on informed consent is found abortion counseling, contraception, treat their own informed decisions? Professionals, in the 1914 landmark case of Schloendorff ment of sexually transmitted diseases,

Journal ArticleDOI
TL;DR: An overview of the development of Canadian marketing boards and an assessment of their current situation can be found in this article, where the authors trace the history of their legislative basis and identify four groups of Canadian boards.
Abstract: This paper provides an overview of the development of Canadian marketing boards and an assessment of their current situation. Broadly defined, marketing boards are legislatively specified compulsory marketing institutions which perform any of the functions of marketing on behalf of the producers of particular agricultural commodities. Boards include marketing institutions whose members or directors are elected by agricultural producers, bodies whose members are appointed by government, such as the Canadian Wheat Board, and some marketing agencies or commissions. In 1985 some 136 boards regulated 56% of the value of agricultural products produced and sold in Canada, or about 75% of agricultural output if the educational and promotional bodies are included. Thus, boards continue to be a prominent feature of agricultural policy in Canada. The development of marketing boards in Canada has many similarities to the development of legislatively specified marketing institutions in other countries, and yet, because of the different social, political, and legislative environments in which they have developed, there are also many differences. Their evolution in Canada reflects dual jurisdictional authority over agriculture and marketing as well as changing social and political attitudes towards government intervention. In tracing the history of their legislative basis, four groups of Canadian boards can be identified. These include, first, provincial producer-controlled marketing boards for products that are traded locally as well as across provincial boundaries and in export markets. These boards operate under complementary provincial and federal legislative authority. Second, there are boards established for products such as fluid milk, earlier sold only in very localized markets, for which specific provincial legislation alone was required. Third, there are federal boards for commodities sold primarily across provincial boundaries or in export markets. The Canadian Wheat Board is the prime ex mple. Finally, the most recent federal marketing boards are the bodies established under federal legislation since 1972 that collaborate with provincial supply-management boards to apply national market sharing plans. Although established somewhat earlier, the Canadian Dairy Commission could also be included with these boards.