Showing papers on "Legislation published in 1988"

Channelized rivers : perspectives for environmental management

Abstract: Conventional River Engineering ENVIRONMENTAL LEGISLATION Legislative Framework EFFECTS OF CHANNELIZATION Physical Effects Biological Impacts Downstream Consequences RECOMMENDATIONS Revised Construction Procedures Mitigation, Enhancement, and Restoration Techniques POSTSCRIPT AND PROSPECTS Appendix References Indexes

A theory of preemptive takeover bidding

Abstract: This article develops a model of the takeover bidding process. The model can be described as a form of auction in which a bidder can acquire costly information after the bidding has begun. Implications concerning the interrelationships between bidders' and targets' profits, bidders' initial offers, single and multiple bidder contests, and the effects of takeover legislation are developed. Additionally, the model provides a rationale for bidders to make high premium ("preemptive") initial bids, rather than making low initial bids and raising them if there is competition.

Presidential Influence on Congressional Appropriations Decisions

Abstract: We investigate the extent to which possession of the veto allows the president to influence congressional decisions regarding regular annual appropriations legislation. The most important implication of our analysis is that the influence the veto conveys is asymmetrical: it allows the president to restrain Congress when he prefers to appropriate less to an agency than they do; it does not provide him an effective means of extracting higher appropriations from Congress when he prefers to spend more than they do. This asymmetry derives from Constitutional limitations on the veto, the sequencing of the appropriations process provided by the Budget and Accounting Act of 1920, and the presence of a de facto reversionary expenditure level contained in continuing resolutions (Fanno, 1966). We find strong support for this proposition in a regression of presidential requests upon congressional appropriations decisions.

Political Intolerance and Political Repression During the McCarthy Red Scare

Abstract: I test several hypotheses concerning the origins of political repression in the states of the United States. The hypotheses are drawn from the elitist theory of democracy, which asserts that repression of unpopular political minorities stems from the intolerance of the mass public, the generally more tolerant elites not supporting such repression. Focusing on the repressive legislation adopted by the states during the McCarthy era, I examine the relationships between elite and mass opinion and repressive public policy. Generally it seems that elites, not masses, were responsible for the repression of the era. These findings suggest that the elitist theory of democracy is in need of substantial theoretical reconsideration, as well as further empirical investigation.

Silent Revolution: The Transformation of Divorce Law in the United States

Abstract: Conflict and controversy usually accompany major social changes in America. Such issues as civil rights, abortion, and the proposed Equal Rights Amendment provoke strong and divisive reactions, attract extensive media coverage, and generate heated legislative debate. Some theorists even claim that only mobilization and publicity can stimulate significant legislative change. How is it possible, then, that a wholesale revamping of American divorce law occurred with scarcely a whisper of controversy and without any national debate? This is the central question posed and authoritatively answered in Herbert Jacob's "Silent Revolution."Since 1966, divorce laws in the United States have undergone a radical transformation. No-fault divorce is now universally available. Alimony functions simply as a brief transitional payment to help a dependent spouse become independent. Most states divide assets at divorce according to a community property scheme, and, whenever possible, many courts prefer to award custody of children to the mother and the father jointly. These changes in policy represent a profound departure from traditional American values, and yet the legislation by which they were enacted was treated as a technical correction of minor problems. No-fault divorce, for example, was a response to the increasing number of fraudulent divorce petitions. Since couples were often forced to manufacture the evidence of guilt that many states required, and since judges frequently looked the other way, legal reformers sought no more than to bring divorce statutes into line with current practice. On the basis of such observations, Jacob formulates a new theory of routine as opposed to conflictual policy-making processes. Many potentially controversial policies divorce law reforms among them pass unnoticed in America because legislators treat them as matters of routine. Jacob's is indeed the most plausible account of the enormous number and steady flow of policy decisions made by state legislatures. It also explains why no attention was paid to the effect divorce reform would have on divorced women and their children, a subject that has become increasingly controversial and that, consequently, is not likely to be handled by the routine policy-making process in the future."

The South African economy: Its growth and change

Abstract: The second edition of this reference book has been completely updated and includes a new chapter on trade unions in South Africa, recent legislation affecting economic growth, the role played by the State in South African affairs through the tricameral system, and the development of the Black States. The authors are not slow to criticize those whom they perceive to be retarding the economic growth of South Africa.

Use of Animals in Biomedical Research: Historical Role of the American Medical Association and the American Physician

Abstract: • From the introduction of the "Gallinger-DC" bill in 1896 to the passage of the Laboratory Animal Welfare Act in 1966, organized medicine and the American physician have been active in promoting the humane and appropriate use of research animals and explaining to the public and legislators the importance of research using animals to medical progress. The role of organized medicine and science in events leading to passage of federal legislation is discussed. Past efforts of the American Medical Association and the American physician have been critical in numerous successful efforts at the local, state, and national level to prevent the passage of laws which restricted animal use for health research and impeded medical progress. This article demonstrates that current initiatives by physicians to preserve biomedical research are a reaffirmation of their traditional role. (Arch Intern Med1988;148:1849-1853)

Artificial Feeding — Solid Ground, Not a Slippery Slope

Abstract: Decisions about artificial feeding arouse more controversy than those involving any other life-sustaining treatment. Because food and water are generally considered basic elements of humane care, representing love and concern for the helpless, it is often thought that they must always be provided. In a landmark decision, the Supreme Judicial Court of Massachusetts ruled that a feeding tube could be removed from a patient in a persistent vegetative state if this was consistent with his previously expressed wishes. The case of Paul E. Brophy, Sr., is part of an emerging medical and legal consensus on the withholding of artificial feeding from adult patients. The view is growing that tube and intravenous feeding should be likened to other medical interventions and not to the routine provision of nursing care or comfort. Competent patients have the right to refuse such feeding. Feeding can also be stopped incompetent patients who have earlier stated such a wish.

Safety at work : the limits of self-regulation

Abstract: An attempt to provide a theoretical and practical analysis of the Health and Safety at Work Act of 1974 in the UK, and its central ideas of self-regulation and workforce involvement. The development and impact of the legislation and its practice in industry is examined.

Who sows? Who reaps? Women and land rights in India

Abstract: Noting the significance of direct access to land, and not just access mediated via male members, for the economic and social well‐being of women and their families, this article traces women's past and existing rights to land in law and in customary practice, across communities and regions; examines changes in these rights among communities traditionally practising matrilineal inheritance; and seeks to identify the factors impinging on women's ability to claim, control and self‐manage land today, and variations therein cross‐community and cross‐regionally. Barring matriliny‐related practices in the north‐east and south‐west, tribal customs, and specific circumstances elsewhere, women have had virtually no customary rights in land, and those that existed have been substantially eroded over time, with State policies playing a catalytic role. Modern legislation, while a step forward, has yet to establish full gender equality in law or to permeate practice. Customary practices governing marriage, residence an...

Enough is Enough: Aboriginal Women Speak Out

Abstract: This book was published at a time when emotions in the Native community were running high. Bill C-3 1, the federal government's legislation removing gender bias from the Indian Act, had recently been proclaimed. Unfortunately, many of the First Nations, who were just beginning to exercise a modicum of self-government, resented this as being an infringement of their governing power to decide who is an Indian. In the middle were the women who had lost their status. For the most part they have been forgotten, despite the fact that it was they who precipitated this legislative change. Enough is Enough is an attempt by the very participants in this historical development to have their stories told. The format of this book is straightforward and is divided into two parts. Part One undertakes the task of providing the reader with an insight into reserve life. Personal accounts of individual women, and their experiences of growing up on the reserve, are used in accomplishing this task. Part Two describes the many events that led to the legislative changes of theIndian Act. Personal accounts of the women are effective in demonstrating the many obstacles they faced in their attempts for change. It is quite evident that the author was unable to decide whether the book should be educational or expressional. There were instances of both throughout the book; however, there is insufficient information for it to be truly educational. The Introduction sets out a good description of the Indian Act. However, the author's historical analysis of the Act is too short. What is needed was a more detailed account of what the laws were and how they affected Native People, and how these women were treated differently from the status women in theday-today reserve life. Furthermore, the author could have provided the reader with a bibliography of reference material in order that future research and understanding of the reinstatement issue could be realized. The book raises many questions regarding the Indian Act and reinstatement but yet fails to give further direction to the reader. A The author's use of a chronology of events proves quite useful in putting together an overall picture of activities. However, the author fails to provide a clear image by assuming the reader is knowledgeable about particular details in the history of the Indian Act. The author is better able to pomay the expressional aspect of the book: the thirteen women were able to present their personal perspectives. Although the points of view are clearly expressed, it is difficult to fully understand their positions if one has no knowledge of Native affairs. The differences between being status versus non-status is not completely described, nor is the effect of losing status adequately stated. Overall, I found this book quite interesting. Being Native, it served me as a reminder that, although reserves differ in many ways, we as Native people face many of the same problems. The book does quite well in both its attempts to demonstrate what reserve life is like and'the impacts the Indian Act has on Native people. It would be unrealistic to think that one could fully describe such a lifestyle in one book. However, the author's lackof reference material makes further research difficult. Its easy reading makes the book accessible to the lay person. Unfortunately, due to the lack of more background information, I only recommend it to those who already have knowledge in the issues. Nonetheless, this book is an important step for Native women in educating the public about Native issues. I sincerely hope this book will lead to greater public awareness and will initiate discussion.

Codetermination and the Modern Theory of the Firm: A Property-Rights Analysis

Abstract: During the postwar period, state-sponsored codetermination programs have become increasingly important and, by now, are firmly established in most countries of Western Europe. Conventional wisdom suggests that this growth of reform legislation is part of a broad social movement designed to advance industrial democracy and enlarge the power of labor to influence corporate policy. Certainly, there is no doubt that significant institutional change has taken place. But since reorganization has been motivated more by political considerations than by any fundamental rethinking of the theory of the firm, questions still exist concerning the effects the new system may have on economic behavior. There are, in fact, serious doubts about the efficiency of mandatory codetermination. Various writers have suggested that the type of codetermination legislation found in Europe may force firms to adopt organizational structure that would not be selected voluntarily by wealthWhen workers finance firm-specific investments, they supply one part of the total capital stock needed by the firm for production. It is arguable, then, that worker-investors should be regarded as equity holders and be granted control and income rights in the enterprise. This article seeks to explain the property-rights structure that such a "codetermined" firm must possess to be efficient, and to determine the conditions under which this organizational form is likely to emerge under a voluntary contracting process. Compared to a legally mandated codetermined firm of the European type, the voluntary variant shows clear superiority; specifically, it tends to promote productivity-enhancing incentives, relatively lower transaction costs, and a more rational allocation of risk. * Special thanks go to Armen Alchian, who has provided encouragement, advice, and key ideas concerning the nature of the firm. The article was written during my residence at the Center for the Study of the New Institutional Economics, University of the Saarland, West Germany, 1985. Financial assistance was received from the Deutsche Forschungsgemeinschaft and is gratefully acknowledged.

The Formative Years of U.S. Social Policy: Theories of the Welfare State and Social Policies in the American States During the Great Depression

Abstract: This paper reports the results of a cross-sectional analysis of emergency relief, unemployment insurance, and old-age pensions in the 48 American states. It analyzes six outcomes: state emergency-relief expenditures andfederal emergencyrelief expenditures from 1933 to 1935; the timing of passage of unemploymentcompensation legislation; the timing of passage of old-age pension legislation; and the contents of old-age pension and unemployment-compensation legislation. These outcomes represent different dimensions of social policy and are used to appraise three theoretical approaches: economic, democratic politics, and statist explanations. In the analysis, the sample is split into industrialized and nonindustrialized states, in accordance with recent cross-national research on social policy and social spending. Although the results yield some support for all three perspectives, the statist perspective is especially well supported. The findings suggest that the different perspectives are limited in applicability to specific outcomes or samples, or both. The superior performance of the statist perspective is due to its applicability across outcomes and subsamples.

Behavioral Approaches to Crime and Delinquency

Abstract: Understanding and controlling juvenile delinquency and adult crime remain elusive goals. This does not reflect disinterest of either the public, elected and appointed officials, or scholars and scientists. In the United States, as elsewhere, considerable activity pertains to preventing crime and intervening with those who commit it. At federal, state, and local levels, illegal behavior is the impetus for voluminous legislation, policymaking, and judicial deliberation as well as concentrated effort by those involved in preventive, law-enforcement, and correctional endeavors. Furthermore, criminal behavior is the object of intense study in such traditional areas of research and scholarship as psychology, sociology, political science, law, history, anthropology, and philosophy.

Disability as a Social Construct: Legislative Roots

Abstract: Wounded soldiers, injured workers, handicapped adults, and physically impaired children have all been affected by legislation that reduces their opportunities to live a functional life. In Disability as a Social Construct, Claire Liachowitz contends that disability is not merely a result of a handicap but can be imposed by society through devaluation and segregation of people who deviate from physical norms. She analyzes pertinent American legislation, primarily from 1770 to 1920, to provide a new perspective on the mechanisms that translate physical defects into social and civil inferiority.

The House of Lords

Abstract: The House of Lords and constitutional development membership of the House the role of political parties in the House the organization and procedure of the House the legislative work of the House the treatment of government legislation the deliberative work of the House select committees and secondary legislation what role for the Lords? Appendices: Expenses payment for peers and remuneration for office holders in the House of Lords peerages disclaimed

Childhood in Nineteenth-Century France: Work, Health and Education among the 'Classes Populaires'

Abstract: List of maps List of tables Acknowledgements Introduction Part I. The Rural Background: 1. The agricultural setting 2. The nature of work for children in agrarian society 3. Education in rural society Part II. The Impact of Industrialization: 4. Child labour in the industrial setting 5. Working conditions for children in industry 6. A physical decline in the race? 7. A moral and intellectual decline? Part III. The State Intervenes: 8. 1841: an experiment in social legislation 9. The experiment in practice, 1841-70 10. 1874: child labour legislation comes of age 11. The curbing of child labour in industry, 1874-92 Conclusion Bibliography Index.

Abortion, Doctors and the Law: Some Aspects of the Legal Regulation of Abortion in England from 1803 to 1982

Abstract: Table of cases Table of statutes Acknowledgements Introduction 1. The first statutory prohibition of abortion: Lord Ellenborough's Act 1803 2. Anti-abortion legislation 1803-1861 and medical influence thereon 3. Abortion in legal theory and medical practice before 1938 4. The medical profession and the enactment of the Abortion Act 1967 5. The Abortion Act 1967 and the performance of abortion by the medical profession 1968-1982 6. The reaction of the medical profession to proposed restriction of the law 1969-1979 7. A theoretical overview Appendices Notes Subject index Name index.

American All-Mail Balloting: A Decade's Experience

Abstract: Many roots of American public administration are found in political and electoral reform. Its early developments were not based on theory but had their genesis in issue-by-issue situations. Electoral processes were and continue to be legitimate objects of public administration concern, the more especially so because elections and the way they are administered are a base on which representative democracy stands. The recent emphasis on "civism" in public administration offers an opportunity to reemphasize electoral processes which have integral importance to the political system. With declining percentages of eligible voters casting ballots in American elections it may soon be the case where we give an election and hardly anybody comes. All-mail or optional mail balloting elections offer an opportunity to reverse this deplorable decline. Uniquely among the nations of the world, local governments in the United States have conducted approximately 1,000 all-mail ballot elections in eight states in the past decade.I All-mail ballot elections are becoming routine in seven of the eight, New York being the exception where only one "experimental" election was held in Rochester. At least one contested election for city council seats has been held, in Gresham, Oregon.2 In round numbers, approximately 80 elections by all-mail balloting have been held in Kansas, 400 in Oregon, 350 in California, 40 in Montana, 12 in Washington, 15 in Missouri, and 6 in Nebraska, the most recent state to adopt enabling legislation. This article does not deal with the technical processes of holding mail-ballot elections. Each state's procedures vary somewhat from the others governing such matters as the number of days prior to the election by which ballots must be delivered, the time during which ballots are returnable, processes for counting the ballots, necessity for local ordinances to supplement state authorization, training for conducting elections including signature verification, ballot receptions, procedures for recounts, batching and data entry, and similar activities involved in election administration. This article concentrates on the three most important benefits from an array of advantages. These include (1) a decrease in overall costs of holding elections; (2) increased voter participation/convenience; and (3) an increase in the integrity of elections as a result of more time for voters to consider issues before casting their ballots. It also facilitates the ability of the elderly, infirm, handicapped, and those temporarily unable to participate on a specific time and date to vote. All-mail balloting is, however, a barrier to voting by those with no fixed address, but in-person voting at polling places rarely deals with that issue either. * This article summarizes the results of nearly 1,000 elections conducted entirely by mail in the United States in the past decade. It focuses on three of the main advantages of this uniquely American method of election administration: (1) markedly improved participation rates and increased convenience for the handicapped and others unable to get to the polls for in-person elections, (2) lower election administration costs per eligible voter or eligible voter voting, (3) increased integrity of the electoral processes. Presently operable in seven states, all-mail balloting has great promise for more truly determining the will of the majority through greater participation in free and fair elections-the bedrock of democracy. As election administrators and legislators become more familiar with the experience, it is reasonable to anticipate greater use of all mail balloting, particularly at the local level. This new way of doing one piece of the public's business is squarely in the tradition of American public administration reforms.

The ethical issue of international bribery: A study of attitudes among U.S. business professionals

Abstract: Restrictions upon international bribery by U.S. business firms, as incorporated in the Foreign Corrupt Practices Act, have been controversial since this legislation was passed in 1977. Despite many attempts to repeal or change the law, it remains as originally enacted.

Maximum Hours Legislation and Female Employment: A Reassessment

Abstract: The causes and consequences of state maximum hours legislation for female workers, passed from 1848 to the 1920s, are found to differ from a recent interpretation. Although maximum hours legislation served to reduce scheduled hours in 1920, the impact was minimal. Curiously, the legislation appears to have operated equally for men. Legislation affecting only women was symptomatic of a general desire by labor for lower hours, and these lower hours were achieved in the tight, and otherwise special, World War I labor market. Most important, the restrictiveness of the legislation had no adverse effect on the employment share of women in manufacturing.

Saving Capitalism: The Reconstruction Finance Corporation and the New Deal, 1933-1940

Abstract: For two generations historians have debated the significance of the New Deal, arguing about what it tried and tried not to do, whether it was radical or reactionary, and what its origins were. They have emphasized the National Recovery Administration, Agricultural Adjustment Administration, Tennessee Valley Authority, or the various social and labor legislation to illustrate an assortment of arguments about the "real" New Deal. Here James Olson contends that the little-studied Reconstruction Finance Corporation was the major New Deal agency, even though it was the product of the Hoover Administration. Pouring more than ten billion dollars into private businesses during the 1930s in a strenuous effort to "save capitalism," the RFC was the largest, most powerful, and most influential of all New Deal agencies, proving that the main thrust of the New Deal was state capitalism--the use of the federal government to shore up private property and the status quo.As national and international money markets collapsed in 1930, Hoover created an RFC with a structure similar to that of his War Finance Corporation. The agency was given two billion dollars to make low-interest loans to commercial banks, savings banks, other financial institutions, and railroads. With modifications, it survived the ultimate collapse of the economy in 1933 and went on to become the central part of the New Deal's effort to preserve fundamental American institutions.

Complex Rules and Congressional Outcomes: An Event Study of Energy Tax Legislation

Abstract: Based on a legislative history of energy tax legislation in the U.S. House of Representatives in the Ninety-third Congress, this article extends a spatial model of legislative politics to accommodate complex special rules. The model and extension yield two predictions regarding the effect of the assignment of rules on expected congressional outcomes. The predictions are tested by examining stock market returns to oil and gas stocks. Both predictions are supported even when alternative and competing explanations are taken into account. A concluding discussion qualifies the theoretical and empirical results by addressing two broader issues: the sources of committee power and the relationship between congressional and economic activity.

The changing environment of early intervention services: implications for practice.

Abstract: A new plan for providing early intervention services for very young children and their families has been established with Part H of the Education of the Handicapped Act Amendments of 1986, Public Law 99-457. Each state is currently exploring how it can best develop one comprehensive system of care that combines health, education, social, and family services. Health practitioners have traditionally provided early intervention services in medical settings such as hospitals and local health departments since the early 1900s. Educators, prompted by federal legislation, have provided early intervention services in the public schools primarily since 1975. Occupational therapy practitioners work in both medical and educational settings and must now meet the numerous challenges and opportunities in developing comprehensive, family-centered, community-based care for very young children with special needs. This paper traces the historical development of early intervention services and discusses the major practice issues associated with implementing Part H of the Education of the Handicapped Act Amendments of 1986.

The Presidencies of Grover Cleveland

Abstract: Grover Cleveland, who served as both the twenty-second and the twenty-fourth president of the United States, dominated the American political scene from 1884 to 1896. Viewed at one time as a monument of presidential courage, Cleveland has over the past generation been dismissed by historians as a "Bourbon Democrat," the symbol of that wing of the Democratic party devoted to preserving the status quo and protecting the interests of the propertied. In this revisionist study, Richard Welch takes a fresh look at the Cleveland administrations and discovers a man whose assertive temperament was frequently at odds with his inherited political faith. Although pledging public allegiance to a Whiggish version of the presidency, Cleveland's aggressive insistence on presidential independence led him to exercise increasing control of the executive branch and then to seek influence over Congress and national legislation. Quick to denounce governmental paternalism and the centralization of political power, Cleveland nevertheless expanded the authority of the national government as he revised federal land and Indian policies in the West and ordered the army to Chicago during the 1894 Pullman strike. For all his fears of constitutional innovation, he was neither a champion of big business nor unaware of the problems posed by the post-Civil War economic revolution. He signed the Interstate commerce Act, warned against the growing power of industrial combination, advocated voluntary federal arbitration of labor-management disputes, and fought the monopolization of western lands by railroad an timber corporations. Welch places Cleveland's battles on behalf of tariff revision, civil service reform, and the gold standard within the context of the conundrum of a strong president who usually failed to gain the cooperation of Congress or the Democratic party. Cleveland reinvigorated the American presidency and reestablished an equilibrium between the executive and legislative branches of the federal government, but by his obdurate enmity to the silverites and the "agrarian radicals," he helped assure the division and defeat of his party in the election of 1896. Welch demonstrates that Cleveland's achievements and failures as a political leader were attributable to an authoritarian temperament that saw compromise as surrender. Two chapters of the book are devoted to Cleveland's diplomacy, focusing especially on his response to Hawaiian and Cuban revolutions and the boundary dispute between Venezuela and Great Britain. Welch takes issue with the currently popular thesis that U.S. diplomacy in the last decade of the nineteenth century displayed a concerted governmental effort to solve domestic economic problems by expanding foreign markets in East Asia and Latin America. In addition to providing insights into the character of one of our more interesting presidents, this reassessment of Grover Cleveland's historical legacy shows clearly that the Cleveland years served as the essential preface to the development of a modern presidency and to the identification for executive power.

Law, Policy, and Legal Avoidance: Can Law Effectively Implement Egalitarian Policies?

Abstract: This special issue of the journal tackles the question of law, democracy, and social justice: to what extent do legal forms and institutions help or hinder the implementation of egalitarian policies? Can legal regulation effectively promote social justice and democracy? The effectiveness of the regulation of business has been the subject of extensive socio-legal research and analysis. Laws have been introduced ostensibly to provide individual rights for the less powerful in society or to protect collective interests against the absolute rights of property or the absolute right of business to pursue profit maximisation. Health and safety codes, pollution regulations, rent control, and anti-discrimination legislation are good examples. Yet research on the effectiveness of the regulation of business has not been optimistic. Although the tendency to critical assessment in the social sciences may often underplay the measure of real progress achieved by legal reform, it is nonetheless the case that research has tended to highlight the limitations of regulation rather than its