Showing papers on "Legislation published in 1989"

Structure and process, politics and policy: administrative arrangements and the political control of agencies

Abstract: I N 1977, Congress substantially revised the Clean Air Act,1 the nation's flagship legislation on environmental policy. Many changes were considered, and among those that Congress adopted was an intricate redefinition of the procedures to be used by the Environmental Protection Agency (EPA) in making rules.2 The Clean Air Act Amendments of 1970 (1970 Amendments), which had moved responsibility for air pollution regulation from the Public Health Service in the Department of Health, Education, and Welfare (HEW) to the newly minted EPA, set up the EPA's rulemaking procedures as \"informal\" with few procedural requirements and considerable decisional flexibility.' After extensive debate in both the 94th and 95th Congresses,4 Congress changed this to a new hybrid process (more formal than \"informal rulemaking\" but less formal than \"formal rulemaking\") that requires a more elaborate written record and a clearer statement of agency intentions and of the bases for its decisions.' As a reading of the committee reports and floor debates about these and similar proposals makes clear, legislators regard the choice of administrative structure and process as vitally important.6 The legislative history of admin-

From popular sovereignty to the sovereignty of law : law, society, and politics in fifth-century Athens

Abstract: Analyzing the 'democratic' features and institutions of the Athenian democracy in the fifth century B.C., Martin Ostwald traces their development from Solon's judicial reforms to the flowering of popular sovereignty, when the people assumed the right both to enact all legislation and to hold magistrates accountable for implementing what had been enacted.

Extractive reserves in Brazilian Amazonia

Abstract: In 1985 an opportunity arose for maintaining tracts of Amazonian forest under sustainable use. Brazil's National Council of Rubber Tappers and the Rural Worker's Union proposed the creation of a set of reserves of a new type, called extractive reserves. The first six are being established in one of the Brazilian states most threatened by deforestatation. The creation of extractive reserves grants legal protection to forest land traditionally used by rubber tappers, Brazil-nut gatherers, and other extractivists. The term extrativismo (extractivism) in Brazil refers to removing nontimber forest products, such as latex, resins, and nuts, without felling the trees. Approximately 30 products are collected for commercial sale. Many more types of forest materials are gathered, for example as food and medicines, for the extractivists' own use. The reserve proposal is attractive for several reasons related to social problems. It allows the rubber tappers to continue their livelihood rather than be expelled by deforestation. However, it is unlikely that sufficient land will be set aside as extractive reserves to employ all the tappers. Displaced rubber tappers already swell the ranks of urban slum dwellers in Brazil's Amazonian cities, and they have become refugees to continue their profession in the forests ofmore » neighboring countries, such as Bolivia.« less

Public involvement in resource planning: Toward bridging the gap between policy and implementation

Abstract: Virtually every major congressional act passed since 1946 mandates citizen participation in government administrative policymaking. Nevertheless, the public involvement goals contained in resource planning legislation are often not met in practice. The article presents an evaluation of the public involvement methods used in U. S. Forest Service land management planning. The results suggest that some of the public involvement goals contained in the National Forest Management Act of 1976 were not met for most forests. The barriers to providing effective public involvement were (1) the complex, technical planning process adopted by the agency; (2) a lack of agency guidance on conducting interactive public involvement; (3) a desire to avoid controversy; and (4) internal power struggles that affected the planning process. To meet the public involvement goals of planning legislation, agencies should clearly identify and address controversial public issues; conduct substantive, interactive public involv...

The economics and ethics of markets for human organs.

Abstract: In 1984, federal legislation outlawing payment for human organs for transplantation was adopted after only cursory discussion of the underlying policy issues. More considered analysis suggests that this prohibition may be overly broad. It appears possible to design suitably regulated market-type approaches to the acquisition and allocation of cadaveric organs (and perhaps of organs from living donors as well) that will be neither unduly offensive to ethical sensibilities nor easily abused and that may yield significant improvements over the existing system of organ procurement, which presents important ethical and practical problems of its own. Moreover, whatever ultimate judgment we reach concerning the merits of markets for transplantable organs, analysis of the sources of the initial moral resistance to the commercialization that lies behind measures such as the 1984 legislation offers insights into the respective roles of market and nonmarket institutions in general.

A consumer-choice health plan for the 1990s: universal health insurance in a system designed to promote quality and economy (second of two parts)

Abstract: We describe the characteristics necessary for a plan for universal health insurance to find broad acceptance. Our proposal would create a framework that would encourage the efficient organization of care. In addition, we discuss a proposal to mandate coverage by employers of full-time employees, legislation enacted recently in Massachusetts, high-risk pools, and the system followed in Canada, comparing each of these alternatives with our proposal

Implementation and public policy, with a new postscript

Abstract: Chapter 1 An Introduction to Policy Implementation: Who Has Been Paying Attention to Implementation? Critical Issues in Policy Implementation: The Relationship Between Formulation and Implementation Criteria and Focus of Program Evaluation From Whose Pe Chapter 2 A Framework for Implementation Analysis: A Conceptual Framework of the Implementation Process: Tractability of the Problem (s) Ability of Policy Decision to Structure Implementation Nonstatutory Variables Affecting Implementation Stages (Depen Chapter 3 New Communities, The Promise Unfulfilled: Attempts to Develop a New Communities Program Implementation of the Urban Growth and New Community Development Act of 1970: The Application Process and HUD's Administration Problems Facing Private Devel Chapter 4 Strategic Retreat from Stringent Objectives: Automotive Emissions Control, 1970-1977: The Background, History, and Content of the 1970 Clean Air Amendments: Background and Early Control Amendments: Background and Early Control Efforts The 197 Chapter 5 One Principal, Two Programs: Desegregation of the Nation's Schools, South and North: The Court's Brown Decision From "All Deliberate Speed" to Compliance in the South: Federal Indifference The 1964 Civil Rights Act OCR Guidelines and Enf Chapter 6 The Delayed Takeoff of Compensatory Education: Implementing Title I of ESEA, 1965-78: Passage and Content of the 1965 Elementary and Secondary Education Act: Legislative History Legacy of the Formulation Stage Conclusion Implementing Title Chapter 7 An Initial Success in the Quiet Revolution: the California Coastal Commissions, 1972-77: The Historical and Legal Background of the Coastal Commissions: Enactment of Coastal Legislation Provisions of the California Coastal Zone Conservation Act Chapter 8 The Pathos of Implementation, Reconsidered: Cumulative Incrementalism Implementation Under Suboptimal Conditions It Uphill All the Way? The Tasks at Hand A Concluding Remark For Further Reflection Notes Chapter 9 Postscript Chapter 10 Acknowledgments Chapter 11 Index

The Transformation of Family Law: State, Law, and Family in the United States and Western Europe

Abstract: Mary Ann Glendon offers a comparative and historical analysis of rapid and profound changes in the legal system beginning in the 1960s in England, France, West Germany, Sweden, and the United States, while bringing new and insightful interpretation and critical thought to bear on the explosion of legislation in the last decade."Glendon is generally acknowledged to be the premier comparative law scholar in the area of family law. This volume, which offers an analytical survey of the changes in family law over the past twenty-five years, will burnish that reputation. Essential reading for anyone interested in evaluating the major changes that occurred in the law of the family. . . . [And] of serious interest to those in the social sciences as well". --James B. Boskey, "Law Books in Review" "Poses important questions and supplies rich detail". --Barbara Bennett Woodhouse, "Texas Law Review" "An impressive scholarly documentation of the legal changes that comprise the development of a conjugally-centered family system". -- Debra Friedman, "Contemporary Sociology" "She has painted a portrait of the family in which we recognize not only ourselves but also unremembered ideological forefathers. . . . It sends our thoughts out into unexpected adventures". --Inga Markovits, "Michigan Law Review" Mary Ann Glendon is professor of law at Harvard University. Her many books include "Abortion and Divorce in Western Law", winner of the 1988 Scribes Book Award.

Worker insurgency, radical organization, and new deal labor legislation

Abstract: Debates over the reasons for the passage of class legislation during the New Deal era have been of continuing interest to social scientists. Of special importance has been the problem of explaining the passage of the 1935 National Labor Relations Act (NLRA), often considered the most significant and radical bill of the period. In this article, I examine the influence of worker insurgency and radical organization on the passage and final form of the NLRA. I argue that other analytic approaches fail to take into account the importance of this influence and the degree to which it constrained and structured the responses of key political actors. I conclude that the theories that downplay the importance of worker insurgency and radical organization are both wrong in the particulars and suspect as general theories; this applies especially to the perspective that emphasizes the autonomy of the state from societal forces.

Preparing is students to deal with ethical issues

Abstract: The recent series of ethics violations in business (e.g., insider trading) has caused a number of firms to begin courses in ethics for employees. Unless professionals improve their ethical practices, legislation will force them to do so. The ACM and DPMA curriculum recommendations include ethics topics. An important issue is the proper education of IS students to deal with on-the-job ethical situations. Unfortunately, ethics education gets lost among the myriad of subjects to be taught in IS courses. But there is an effective pedagogical approach for this material. The approach requires students to determine how they would act in various ethical scenarios. This "personalization" method may be the first step toward proper ethical behavior in the workplace. While not a rigorous scientific treatment of the subject, the classroom experiences reported here may be helpful for IS faculty and IS trainers as they develop improved ethics instruction.

Parental Choice and Educational Policy

Abstract: Individual rights and collective policy goals in education the statutory enactment of parental choice legislation the implementation and administration of the 1981 Act parents' responses to the 1981 Act rights of appeal over choice of school the impact of parental choice on shcool admissions assessing the significance of the 1981 Act.

The data protection act

Abstract: The Data Protection Act 1984 Introduction. Purpose of the Act. The Act gives new rights to individuals about whom information is recorded on computer; individuals may find out information about themselves, challenge it if appropriate and claim compensation in certain circumstances.

The Information Component

Abstract: Two recommendations recur, almost with monotonous regularity, in virtually every report on the prevention of alcohol and tobacco-related problems produced over the past 25 years. These are the need to spend more on health education and the need for greater controls over advertising. Both of these measures involve intervention in the market for information. Together, the measures adopted in these two areas constitute the government’s information policy; that is, how government attempts to communicate health information to the public and how it responds to activities that could prejudice or undermine that communication. Of course, health education involves far more than the communication of information, but providing information is a basic and an integral part of the educational process. The dissemination of health information is not all there is to health education, but it is an essential component. Indeed, it is an essential component of all prevention policy options. As Christine Godfrey notes in Chapter 7, controls over the price of alcohol or tobacco are unlikely to be introduced, or to survive for long, without the support of a well-informed public. The provision of information is not an alternative to the use of other policy instruments like legislation or fiscal controls, but an indispensible accompaniment.

Public Health Strategies for Confronting AIDS: Legislative and Regulatory Policy in the United States

Abstract: THE acquired immunodeficiency syndrome (AIDS) epidemic poses a serious threat to public health, but its impact goes far beyond health The burden of disease falls predominantly on disfavored populations—intravenous drug users, homosexuals, and prostitutes Moreover, racial minorities are disproportionately represented in these groups 1,2 Many argue that governmental and public health officials have failed to implement strong measures in deference to the civil liberties of high-risk groups 3 Others argue that society has overreacted to the epidemic and imposed penalties and discriminatory treatment that would never have occurred if the primary targets of intervention were more popular 4 Not surprisingly, these two contradictory viewpoints are espoused by groups at opposite ends of the political spectrum A deeper dimension of the AIDS epidemic, then, is political, and it is manifested in legislation The volume and content of state AIDS legislation has increased considerably since earlier reports 5,6 Legislation related to AIDS

Who is the Public

Abstract: The old concept of applying to the state for a right to use water has changed as the availability of unappropriated water has disappeared. Today the emphasis is on acquiring a water right from existing users or from distant sources. The cost of distant water requires a large amount of money and, as a result, investors who can see a profitable market if such water can be acquired and sold to a firm market. State laws typically require that the public be notified when water is acquired or transferred from distant sources. But the question is one of consequence to the state; who is the public to be notified? Until large companies from out of state began investing in the water market only local persons or entities had to be notified. But does a nation wide market require that potential investors in New York or Massachusetts be informed of large water deals in Nevada or Arizona?

Beneficiary Participation in Development Projects: Empirical Tests of Popular Theories*

Abstract: Development projects have had disappointing results despite the acknowledgment of past mistakes and significant evolution in development strategies. A major disappointment has been the failure of most development projects to benefit significantly the poor majorities in developing countries. Criticism against trickle-down aid strategies gained official acceptance during the mid-seventies. The New Directions legislation governing the U.S. Agency for International Development (AID), and the enunciation of the Basic Human Needs (BHN) doctrine by the International Labor Organization, the World Bank, and other international organizations were explicit efforts to redirect bilateral and multilateral aid toward the poor and to increase the participation of beneficiaries in projects aimed at their own development. The philosophy behind these changes is that real development must be peoplecentered instead of production-oriented.1 In fact, some critics define beneficiary participation as integral to authentic development.2 Joining in the chorus of those supporting increased participation are bilateral and multilateral aid agencies, private voluntary organizations, grassroots organizers, global-humanist scholars, and development management consultants. In sum, the call for participation comes from a broad spectrum of those concerned with development and for a wide variety of reasons. In this article we use a set of 52 AID development projects to examine several theses about whether and how participation contributes to project success and what conditions encourage participation. We begin by describing our methodology and sources of data. The second section establishes the benefits of participation by summarizing the major findings of a previous article we wrote on this issue.3 Participation is not always necessary or helpful. It has much

Feminist legal theory

Abstract: No legal scholar who engages in a decently regular perusal of a well-stocked law library can fail to have noticed the development over the last decade of a growing body of what might broadly be described as feminist legal scholarship Indeed, the breadth of this literature is greater than that reflected in most law libraries This is because much of the work is 'interdisciplinary' and finds its way (when it is ordered at all) into Social Studies and Philosophy or Politics libraries rather than into the Law library Needless to say, any attempt to enumerate unifying criteria to identify what should count as 'feminist legal scholarship' is fraught with difficulty: do all articles and books written by women and dealing with subjects of concern and interest to other women automatically count? Can feminist legal scholarship be written by men? What criteria can be produced which serve to identify feminism as a politically informed intellectual approach? Without becoming too agonized about these, admittedly important, issues, it will be useful to set the books we are considering in this article in context by tracing three main stages of development in recent feminist writing about law Naturally enough, the passing of legislation (or other means of legal recognition such as constitutional interpretation) prescribing equal pay for women and men and forbidding discrimination in certain other spheres on grounds of sex provided, in many countries, a catalyst for renewed academic interest in the issue of women's legal position and treatment Thus both research and critical analysis leading up to the passing, in Britain, of the Equal Pay Act 1970 and the Sex Discrimination Act 1975, combined with our accession to the EEC and its standards of equal treatment, have generated a lively debate about the success or otherwise of legal regulation in improving women's position in society Furthermore, the debate has focused not only on discrimination covered by the legislation but also on forms of social behaviour which are discriminatory and disadvantageous to women yet which lie at or clearly beyond the margins of the legislation For example, major disparities in the substance and operation of taxation and social security laws and the disadvantaged position of women in the family became important points of concern as the limitations of the legislation began to be understood By the same token, the Woman's Liberation Movement of the 1960s and 1970s stimulated debate and heightened awareness of a more general sexism in prevailing culture

Who Owns the Past?: Aborigines as Captives of the Archives

Abstract: This chapter uses the term ‘archives’ somewhat liberally to refer to all kinds of collections of information and documents concerning Aborigines, their cultures and affairs, maintained in non-Aboriginal hands. It focuses on three aspects which effectively ensure that ownership and control of Aboriginal historical resources are denied: the distribution of Aboriginal historical resources; problems of access; and issues of legal ownership. Aboriginal people also remain widely ignorant of the existence of records and documents which concern them because the holding institutions have never informed them. Aboriginal heritage legislation around Australia is seriously defective. This legislation does not recognise Aboriginal legal ownership of Aboriginal cultural resources and does not put into effect the principles of self-determination—supposedly official government policy in most states. The liberation of Aboriginal people can only take place with the help of the educated understanding of the non-Aboriginal community which must confront fundamental truths about its own character.

Different Fields, Similar Locusts: Adat Communities and the Village Law of 1979 in Indonesia

Abstract: On December 1st of 1979 President Suharto signed legislation under the name of "Undang-undang No. 5 Tahun 1979 tentang Pemerintahan Desa" or "Law No. 5 of 1979 on Village Administration." The draft law had initially been introduced to the parliament (Dewan Perwakilan Rakyat or DPR) for deliberation in June of the same year and was ratified, with some revisions, in early October.1 The law is often referred to in English simply as the Village Law of 1979.2 Despite its seemingly innocuous title, the law, since its introduction, has been profoundly affecting the shape of Indonesian village administrative structure, this being especially the case outside Java. Yet, strangely, relatively little scholarly attention has been paid to it.

State Timing of Policy Adoption: Workmen's Compensation in the United States, 1909-1929

Abstract: Using event-history analysis, this study of workmen's compensation analyzes how fast American state legislators responded to the work accident problem. States were quicker to adopt legislation when productivity and work-accident litigation were high and when nonagricultural workers outnumbered agricultural ones. Despite the influence of capital and labor in shaping workmen's compensation in other analyses, the speed of state legislation was unaffected by the presence or interests of capital and labor groups. This suggests that the speed of adoption was shaped by a different aspect of capital-labor relations than is seen when studies focus on the activities of specific actors or groups.

Statutory approaches to limiting psychiatrists' liability for their patients' violent acts.

Abstract: A consensus has developed among mental health professionals that the legal duty to protect potential victims of their patients' violent acts, as fashioned by the courts, requires modification. To date, 12 states have responded with legislation designed to clarify and limit clinicians' responsibilities. In addition, APA has distributed a model statute as a resource document to aid those psychiatrists interested in stimulating legislative action. This paper examines existing statutes and the APA resource document, considers the variety of ways in which the goals of reform can be achieved, and recommends approaches that balance desires for public safety with the legitimate needs and concerns of the mental health professions. Language: en

The Contradictions of Immigration Lawmaking: The Immigration Reform and Control Act of 1986

Abstract: This paper argues that the Immigration Reform and Control Act of 1986 is a composite of contradictory measures On one hand, employer sanctions are meant to curtail the employment of undocumented workers and preserve the US labor market for legal residents and citizens; on the other hand, special foreign worker programs are designed to enhance the supply of immigrant workers In an effort to make sense of these contradictions, the author places the legislation in historical context and proposes a dialectical model of immigration policymaking

Women on the Move?: A Report on the Status of Women in Policing

Abstract: olice Foundation research on women in policing in the early 1970s, along with changes in federal civil rights legislation and emerging case law, made a pivotal contribution to policing. The research found that women could effectively perform patrol duties from which they had been excluded because of their gender; changes in the law were designed to eliminate such discrimination. How much actual progress has been made since then? According to our latest research, which follows a similar study in 1978, a variety of strategies, not the least of which is affirmative action, in combination with the evolving body of law, has fostered substantial growth in the ranks of women in policing. The police and the public have gained by this opening of opportunity. It has given us a broader range of qualified applicants for police jobs and thus enhanced our ability to protect and provide services to the community. Moreover, our police forces have come to reflect more broadly both the composition and the values of our society. And yet, with all this, there are compelling reasons not to become complacent. Our research shows that while the percentage of women in policing has risen considerably, the overall picture is less than sanguine. Despite the barriers we have overcome, women still comprise under ten percent of all police officers. Their representation in the supervisory and managerial ranks is even lower. There is considerable evidence that affirmative action programs, both voluntary and court-ordered, have had a positive impact on recruiting women into the field. In order to extend the gains we have made thus far, the profession must continue to make special efforts to recruit women. We must also be certain that our policies and procedures, e.g., those on parental leave, do not encourage women to leave the field at a greater rate than men—which seems to be the case at present. The research findings presented in this report are part of a larger study being conducted by the Police Foundation with funding support of The Ford Foundation. We are confident that the results will add not only to our knowledge about the numbers of women in policing, but to our understanding of what those numbers mean and to our strategies for correcting the imbalances that still exist.

The Scope and Effectiveness of Imperial Jewry Law in the High Middle Ages

Abstract: From the time that the Church Father Augustine, on the one hand, and the Christian emperors, on the other, decided in the early fifth century to tolerate Judaism as the only non-Christian and non-orthodox religious body in the Christian world,1 the existence of European Jews rested on ecclesiastical and secular Jewry law. Having survived Visigothic and Merovingian attempts to baptize them by force in the seventh century, the Jews were conceded better conditions in the Frankish Empire of the Carolingians. The privileges granted to Jewish individuals and representatives of the Jewish communities by Emperor Louis the Pious laid the foundation for lay Jewry law in Central Europe for more than half a millennium.2 Although the next secular privileges given to Jewish communities did not appear until 250 years later ? namely, the two privileges granted in 1090 by Emperor Henry IV to the communities of the Rhenish towns of Worms and Speyer ? there is no doubt that they were links in a chain of general imperial legislation on the Jews.3

Statutory Interpretation and the Balance of Power in the Administrative State

Abstract: For those who study the interaction of courts and agencies, one of the most persistently intriguing puzzles has been to define the appropriate judicial and administrative roles in the interpretation of regulatory statutes.2 Assume, for example, that Congress enacts legislation which establishes a system of rights and responsibilities for "employees" and creates an agency to administer that system. Should the court or the agency decide whether the critical statutory term "employees" encompasses persons who would be considered independent contractors under the common law, or workers who are foremen and so, at least arguably, part of management?3 To determine "what the law is" in the context of an actual controversy that turns on a question of statutory meaning is the quintessential judicial function.4 At the same time,

Drinking-Age Laws: An Evaluation Synthesis of Their Impact on Highway Safety

Abstract: Controversy surrounds the concept of minimum drinking age that legally restricts alcoholic beverages to a specific age group and the effects of such a law on highway safety. Since passage of federal legislation promoting a “national minimum drinking age” of 21 in July 1984, more than 20 studies have examined the effects of raising the drinking age. Those opposed to this legislation take issue with the efficacy of the law, its fairness, and the constitutionality of its sanctions. Because policymakers are often faced with conflicting opinions over the assessments of risk and the appropriateness of alternative mitigation options, General Accounting Office (GAO) conducted an evaluation synthesis of all existing evaluations of drinking-age laws to determine the extent to which they provide empirical support for federal and state initiatives to raise the legal drinking age. After eliminating studies that did not meet our minimum criteria for acceptable research, we synthesized results of the remaining studies in order to determine if there was enough evidence to support generalizations regarding the isolated effects of raising the drinking age on various factors, such as traffic accidents and alcohol consumption. Among our findings we were able to support the conclusion that raising the drinking age reduced alcohol-related traffic accidents for age groups affected. The evaluation synthesis approach proved a useful technique for analyzing a body of evaluative literature to determine the extent of remaining uncertainty surrounding a policy determination.

Freedom of information in australia, canada and new zealand

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.

Homelessness in nine local authorities : case studies of policy and practice

Abstract: Part of a major research programme commissioned by the Department of the Environment and concerned with homelessness and the use of temporary accommodation, the case studies examined were carried out in Gloucester, Nottingham, Westminster, Birmingham, Cardiff, Newcastle-upon-Tyne, Hillingdon, Islington and the New Forest. The report finds great variability of local policies and procedures, and although this flexibility is in some ways welcome there may be areas in which the legislation could be clarified. Suggestions are also made on organization, relations with homeless clients, and how to avoid the use of temporary accommodation. The book would be of interest to local authority policy makers, individuals and bodies concerned with housing and homelessness.