Showing papers on "Legislation published in 2006"

Get out the vote: Determining support or opposition from Congressional floor-debate transcripts

Abstract: We investigate whether one can determine from the transcripts of U.S. Congressional floor debates whether the speeches represent support of or opposition to proposed legislation. To address this problem, we exploit the fact that these speeches occur as part of a discussion; this allows us to use sources of information regarding relationships between discourse segments, such as whether a given utterance indicates agreement with the opinion expressed by another. We find that the incorporation of such information yields substantial improvements over classifying speeches in isolation.

The Capability Approach and Disability

Abstract: The definition of disability is of interest to disability policymakers and analysts because it has fundamental implications for eligibility for public programs, for the scope of legislation, and fo...

Connecting the Congress: A Study of Cosponsorship Networks

Abstract: Using large-scale network analysis I map the cosponsorship networks of all 280,000 pieces of legislation proposed in the U.S. House and Senate from 1973 to 2004. In these networks, a directional link can be drawn from each cosponsor of a piece of legislation to its sponsor. I use a number of statistics to describe these networks such as the quantity of legislation sponsored and cosponsored by each legislator, the number of legislators cosponsoring each piece of legislation, the total number of legislators who have cosponsored bills written by a given legislator, and network measures of closeness, betweenness, and eigenvector centrality. I then introduce a new measure I call ‘‘connectedness’’ which uses information about the frequency of cosponsorship and the number of cosponsors on each bill to make inferences about the social distance between legislators. Connectedness predicts which members will pass more amendments on the floor, a measure that is commonly used as a proxy for legislative influence. It also predicts roll call vote choice even after controlling for ideology and partisanship.

Covering: The Hidden Assault on Our Civil Rights

Abstract: Tha Author makes an eloquent protest against the hidden prejudices embedded in American civil rights legislation.

The European Union Decides

Abstract: European legislation affects countless aspects of daily life in modern Europe but just how does the European Union make such significant legislative decisions? How important are the formal decision-making procedures in defining decision outcomes and how important is the bargaining that takes place among the actors involved? Using a combination of detailed evidence and theoretical rigour, this 2006 volume addresses these questions and others that are central to understanding how the EU works in practice. It focuses on the practice of day-to-day decision-making in Brussels and the interactions that take place among the Member States in the Council and among the Commission, the Council and the European Parliament. A unique data set of actual Commission proposals are examined against which the authors develop, apply and test a range of explanatory models of decision-making, exemplifying how to study decision-making in other political systems using advanced theoretical tools and appropriate research design.

Implementing and complying with EU governance outputs

Abstract: This essay takes stock of the literature on how European Union policies are being put into practice by the member states. It rst provides an overview of the historical evolution of the eld. After a relatively late start in the mid 1980s, the eld has meanwhile developed into one of the growth industries within EU research. The paper identies three dierent waves of EU implementation scholarship. The rst wave considered implementation primarily a problem of institutional eciency. In the second wave, the degree of compatibility between European demands and domestic policy legacies took centre stage. However, many second-wave scholars complemented the basic \mist" argument with a set of additional explanatory factors to account for deviant cases. In the third wave, some researchers began to stress the role of domestic politics, while others re-discovered the importance of administrative capabilities. As an attempt to synthesise some of the partial explanations presented by earlier research, one group of scholars pointed to the existence of culturally-shaped country clusters, each with its own typical style of complying with EU legislation. After this historical overview, the paper summarises the most important theoretical, empirical and methodological lessons to be drawn from existing studies, and it discusses promising avenues for future research. First, most scholars seem to agree on the basic set of factors that may have an impact on transposition processes. The main task to be accomplished by future research is to establish under which conditions which congurations of factors prevail. While we already know that there are country-specic patterns, the importance of sector-specic patterns will need to be explored further. Second, greater research eorts will have to be devoted to the neglected area of enforcement and application. In theoretical terms, going back to the insights of traditional domestic implementation research seems to be most promising for this type of studies. Third, the paper cautions against the poor quality of the data employed by the growing number of quantitative compliance studies. Unless the problems with the data can be solved, scholars are well advised to rely on comparative case studies, at least in addition to statistical analyses. To increase the number of cases to be covered by qualitative research, the paper makes the case for crafting collaborative qualitative research projects as a viable alternative to quantitative research.

The Backlash Against Democracy Promotion

Abstract: IN JANUARY, Russian President Vladimir Putin signed into law a controversial new bill imposing heightened controls on local and foreign nongovernmental organizations (NGOS) operating in the country. The new legislation, which requires all NGOS in Russia to inform the government in advance about every project they intend to conduct, is another marker of the country's dispiriting slide back toward authoritarianism. The law is also a sign of an equally disturbing and much broader trend. After two decades of the steady expansion of democracy-building programs around the world, a growing number of governments are starting to crack down on such activities within their borders. Strongmen-some of them elected officials-have begun to publicly denounce Western democracy assistance as illegitimate political meddling. They have started expelling or harassing Western NGOS and prohibiting local groups from taking foreign finds-or have started punishing them for doing so. This growing backlash has yet to coalesce into a formal or organized movement. But its proponents are clearly learning from and feeding off of one another. The recent "color revolutions" in Georgia, Ukraine, and Kyrgyzstan and the widespread suspicion that U.S. groups such as the National Democratic Institute (NDI), the International Republican Institute

Towards Regulatory Compliance: Extracting Rights and Obligations to Align Requirements with Regulations

Abstract: In the United States, federal and state regulations prescribe stakeholder rights and obligations that must be satisfied by the requirements for software systems. These regulations are typically wrought with ambiguities, making the process of deriving system requirements ad hoc and error prone. In highly regulated domains such as healthcare, there is a need for more comprehensive standards that can be used to assure that system requirements conform to regulations. To address this need, we expound upon a process called Semantic Parameterization previously used to derive rights and obligations from privacy goals. In this work, we apply the process to the Privacy Rule from the U.S. Health Insurance Portability and Accountability Act (HIPAA). We present our methodology for extracting and prioritizing rights and obligations from regulations and show how semantic models can be used to clarify ambiguities through focused elicitation and to balance rights with obligations. The results of our analysis can aid requirements engineers, standards organizations, compliance officers, and stakeholders in assuring systems conform to policy and satisfy requirements.

Should Feminists Give Up on Critical Mass? A Contingent Yes

Abstract: Today's historic level of women in national parliaments—while still far short of parity at 16%—owes much to the global spread of gender quotas. This process, in turn, owes much to the concept of “critical mass”: International organizations, transnational networks, party politicians, women's activists, and even ordinary citizens argue that women should constitute 30% of all political bodies, the magic number where female legislators are said to be able to make a difference. As the notion of critical mass has gained wide currency in the real world, however, many scholars have come to question its utility and relevance for analyzing women's legislative behavior. Indeed, as the number of studies grows, it is increasingly obvious that there is neither a single nor a universal relationship between the percentage of women elected to political office and the passage of legislation beneficial to women as a group: In some cases, women are able to work more effectively together as their numbers grow, but in others, women appear to make a difference—in fact, sometimes a greater difference—when they form a small minority of legislators, either because their increased numbers provoke a backlash among male legislators or because their increased numbers allow individual women to pursue other policy goals. These contradictions thus raise the question: Should feminists give up on critical mass? Or are there any compelling reasons—either theoretical or practical—for retaining the concept in debates on women's political representation?

Obesity — The New Frontier of Public Health Law

Abstract: The growing prevalence of obesity among adults and children has prompted legal initiatives designed to combat this public health problem. The authors describe litigation and legislation that target obesity and discuss the potential for public health law to reduce obesity in the United States.

Troubling Images of Teaching in No Child Left Behind

Abstract: In this article Marilyn Cochran-Smith and Susan Lytle offer a critique of No Child Left Behind (NCLB) related to the implications for teachers in educational improvement. Through an analysis of the NCLB legislation and accompanying policy tools that support it, the authors explore three images or central common conceptions symbolic of basic attitudes and orientations about teachers and teaching that are explicit or implicit in NCLB: images of knowledge, images of teachers and teaching, and images of teacher learning. The authors argue that NCLB leaves teachers void of agency and oversimplifies the process of teacher learning and practice. Furthermore, NCLB undermines the broader democratic mission of education, narrows curriculum, and exercises both technical and moralistic control over teachers and teaching. They conclude by sketching a richer framework for teaching that embraces its myriad complexities and acknowledges teachers' agency, activism, and leadership in generating local knowledge.

Anti-Oppressive Practice: Social Care and the Law

Abstract: List of statutes Preface to the second edition Acknowledgements Introduction Anti-oppressive practice ten years on Part I Unpacking concepts: Setting the terms of the debate Some essential elements of anti-oppressive theory Use of the law: Contradictions and dilemmas Part II A model of anti-oppressive practice: Principles for action Values Empowerment Partnership Minimal intervention Implications for practice Part III Reframing practice in relation to legislation Prevention Assessment Planning Service user involvement Evaluation Notes Bibliography Index

Control of communicable diseases

Abstract: Committee of Physicians for the Improvement of Medical Care, discussed four important factors necessary to insure the opportunity to obtain good medical care: well trained physicians, essential equipment, sufficient nursing service, and appropriate supplies for medication, both preventive and curative Millard Rice, National Service Director of the Disabled American Veterans, and Dr Sidney Greenberg of New York urged speedy improvements in the program for the rehabilitation of returning soldiers Dr Alan Gregg of the Rockefeller Foundation, stressed the importance of " tenacious, solid and persistent provision for research work" as fundamental to the development of good medical care programs The proceedings of the Conference will shortly be made available for general distribution The APHA Program, the New York Conference Report, and the Physician's Forum discussion differ in their emphasis on detail; but they are identical in their essential trends They contain much material which should be considered in drafting any federal or state legislation which may be brought forward in this field Such measures should include provision for essential preventive services and facilities,3 for protection of the quality of medical care and for the definition of responsibilities of administration In the three documents we have reviewed, there is ample and detailed material for such revision It seems clear that the question before us with regard to the provision of adequate medical care for the American people is not " Whether " but " How"

Fusion of mental health and incapacity legislation

Abstract: The enactment of a single legislative scheme governing nonconsensual treatment of both 'physical' and 'mental' illnesses, based on incapacity principles, has been mooted in recent law reform debates in the UK. We propose a framework for such legislation and consider in more detail the provisions it should contain. The design of legislation that combines the strengths of both incapacity and civil commitment schemes can be readily imagined, based on the criteria for intervention in England and Wales found in the Mental Capacity Act 2005. Such legislation would reduce unjustified legal discrimination against mentally disordered persons and apply consistent ethical principles across medical law.

University research, intellectual property rights and european innovation systems

Abstract: This paper surveys the literature on university patenting. From the point of view of the economic theory of patents, it is argued that patenting knowledge developed by university researchers is paradoxical: patents are normally intended to stimulate knowledge development by providing property rights, but universities operate also under a different incentive scheme, i.e. they receive public funds to perform socially useful knowledge. In the debate surrounding the so-called Bayh- Dole Act in the USA, it has, however, been argued that patents on university inventions may be necessary to stimulate technology transfer from universities to private firms. The first part of the paper addresses two major questions. First, what is the economic logic of Bayh-Dole, and, second, what were the effects on universities and the knowledge they develop? In the second part, the paper addresses the issue of whether 'Bayh-Dole-like' legislation would be beneficial for European countries. In a number of European countries, a suggestion has been made that this could enhance knowledge transfer from the public to the private sector. Using a new database resulting from a survey among patent inventors in six European countries, an assessment is given of the degree of university patenting in Europe. Because university researchers are often involved in patented inventions without the university being listed as a patent applicant, statistics based on the patent office databases alone often underestimate university patenting in Europe. The paper ends with a discussion of how this 'European practice' of university patenting affects public-private knowledge transfer in Europe, and how this compares to the effects of the Bayh-Dole Act in the USA.

Government procurement as a policy tool in south africa

Abstract: Prior to 1994, the government procurement system in South Africa favoured large and established businesses and it was very difficult for newly established business to enter the procurement system. In 1994, however, government procurement was granted constitutional status, and was recognised as a means of addressing past discriminatory policies and practices. This paper critically analyses the way in which provision has been made in legislation for the use of procurement as a policy tool. It is argued that the use of procurement as a policy tool in South Africa is justified. On the whole, the primary legislation dealing with the use of procurement as a policy tool offers an adequate effect to the constitutionally prescribed use of procurement as a policy tool.

Normative Hierarchy in International Law

Abstract: Systems of law usually establish a hierarchy of norms based on the particular source from which the norms derive. In national legal systems, it is commonplace for the fundamental values of society to be given constitutional status and afforded precedence in the event of a conflict with norms enacted by legislation or adopted by administrative regulation; administrative rules themselves must conform to legislative mandates, while written law usually takes precedence over unwritten law and legal norms prevail over nonlegal (political or moral) rules. Norms of equal status must be balanced and reconciled to the extent possible. The mode of legal reasoning applied in practice is thus naturally hierarchical, establishing relationships and order between normative statements and levels of authority.

The compelling effects of compulsory schooling: evidence from Canada

Abstract: . Compulsory school laws have existed for more than a hundred years, and policies to mandate further education continue to be discussed. The implications of these laws, however, are not well understood. Historical changes to compulsory schooling in Canada permit an examination of their effects on would-be-dropouts under very different circumstances than those during changes in other countries. Mandating education substantially increased adult income and substantially decreased the likelihood of being below the low-income cut-off unemployed, and in a manual occupation. These findings suggest significant gains from this legislation, which seem unlikely offset by the costs incurred while having to remain in school. JEL classification: I20, I28

An Evaluation of World Bank Research, 1998-2005

Abstract: This evaluation of World Bank research between 1998 and 2005 was carried out by a panel consisting of Abhijit Banerjee (MIT), Angus Deaton (Princeton, chair), Nora Lustig (UNDP), and Kenneth Rogoff (Harvard.) The panel selected a large random sample of research projects, which were read and assessed by a team of 25 evaluators. Panel members also solicited views from current and past Bank staff, as well as from policy makers and academics in developing countries. Based on the evidence the authors assembled, the interviews the authors conducted, and their own consideration, the panel concluded that the World Bank needs a research department, and that its research needs cannot be fully met by hiring in from the outside. Research is a central part of quality control in the Bank, and is crucial to its claim to be 'Knowledge Bank.' Without a research-based ability to learn from its projects and policies, the Bank could not maintain its role as the world's leading development agency. The 2.5 percent of its administrative budget that the Bank spends on research is surely too low given the multiplicity of tasks that research is expected to fulfill, including the generation of new knowledge about development, the collection and dissemination of data, the generation of knowledge to support guide Bank strategy, operational support, and capacity building in client countries. As the world becomes richer, and already today among middle income countries, the need for high-quality, research-based advice will only become stronger as the need for Bank lending diminishes.

Best Practices in e-Assessment

Abstract: History and Evolution of the Assessment Movement Assessment is not new to academia, with the roots of the current movement dating back over two decades (Martell & Calderon, 2005). But two decades hardly take us back to the origins of educational assessment in the United States. According to Pearson, Vyas, Sensale, and Kim (2001), assessment of student learning has been gaining and losing popularity for well over 150 years. In K-12 education, assessment first emerged in America in the 1840's, when an early pioneer of assessment, Horace Mann, used standardized written examinations to measure learning in Massachusetts (Pearson et al., 2001). After losing momentum, the scientific movement of the 1920's propelled the use of large-scale testing as a means of assessing learning (Audette, 2005). The 1960's saw further support of standardized testing when the National Assessment of Educational Progress was formed, which produced the Nation's Report Card (Linn, 2002). But perhaps no initiative has had as broad and pervasive an impact as the No Child Left Behind Act of 2001 (NCLB), which formally ushered us into an age of accountability. The NCLB act is a sweeping piece of legislation that requires regularly administered standardized testing to document student performance. The NCLB act is based on standards and outcomes, measuring results, and holding schools accountable for student learning (Audette, 2005). In 2006 Congress is required to reauthorize the Higher Education Act and it is predicted that NCLB will lead to changes in Higher Education Assessment requirements (Ewell & Steen, 2006). In higher education, the first attempts to measure educational outcomes emerged around 1900 with the movement to develop a mechanism for accrediting institutions of higher education (Urciuoli, 2005). In 1910 Morris Cooke published a comparative analysis of seven higher education institutions including Columbia, Harvard, Princeton, MIT, Toronto, Haverford, and Wisconsin. The result of the report was the establishment of the student credit hour as the unit by which to calculate cost and efficiency (Urciuoli, 2005). By 1913 accreditation in higher education had spread nation wide with the formation of a number of accrediting bodies (Urciuoli, 2005). The United States is unusual in that it relies on private associations rather than government agencies to provide accreditation of academic institutions and programs. A number of reports released in the mid 1980's charged higher education to focus on student learning (Old Dominion University, 2006). During that time, the first formal assessment group was established, the American Association for Higher Education (AAHE) Assessment Forum, formed in 1987. In 1992, accrediting agencies were required to consider learning outcomes as a condition for accreditation following a 1992 Department of Education mandate (Ewell & Steen, 2006). Assessment experts point to pioneers of the assessment movement, Alverno College and Northeast Missouri State University, which have both been committed for over three decades to out-comes-based instruction. Kruger and Heisser (1987) who evaluated the Northeast Missouri State University assessment program found that the variety of assessments and questionnaires employed as well as the use of a longitudinal database that provides multivariate analysis makes this institution an exemplar in the effective us of quality assessment to support sound decision making. The oldest recognized undergraduate assessment program in the United States can be found at the University of Wisconsin which has reported on some form of student outcomes assessment continuously since 1900 (Urciuoli, 2005). The assessment movement is not limited to the United States. In the United Kingdom, the Higher Education Funding Council was established following the Further and Higher Education Act of 1992, requiring the assessment of quality of education in funded institutions. …

Environmental Law and Policy in the People's Republic of China

Abstract: The purpose of this paper is to take a look at the main reasons for the apparent ineffectiveness of the environmental regulatory regime in the People's Republic of China. In order to assess the current state of China's environmental legislation framework, an overview of all major environmental codifications is provided, firstly, by establishing the institutional and historical context and, secondly, by reviewing environmental legislation and policies. This examination will reveal that China's environmental protection regime is surprisingly comprehensive, even though statutory deficiencies exist, and will highlight enforcement tensions between the centre and the periphery—a result of decentralization and growing local protectionism—as major obstacles to the implementation process.

The birth of a nation: Accounting and Canada’s first nations, 1860–1900

Abstract: The 1860–1900 period was both the “birth” of Canada but also the birth and institutionalization of a specific set of social relations between the federal government and First Nations peoples. This study examines the roles played by accounting and funding relations within the process of nation building. Throughout this formative period in Canada’s history, governance was attempted via the introduction of financial legislation and enacted by the Indian Department and agents in the field. As our analysis highlights, legislative initiatives, Indian Department pronouncements and the activities of agents imposed, enlisted and implied a variety of accounting technologies. This study not only explores how the federal government has used accounting/funding mechanisms in the attempt to translate government policy regarding indigenous peoples into practice but also provides a history of the present by examining the historical consequences of these interventions.