Showing papers on "Legislation published in 2008"

Guidelines for applying protected area management categories

Abstract: IUCN’s Protected Areas Management Categories, which classify protected areas according to their management objectives, are today accepted as the benchmark for defining, recording and classifying protected areas.They are recognized by international bodies such as the United Nations as well as many national governments. As a result, they are increasingly being incorporated into government legislation. These guidelines provide as much clarity as possible regarding the meaning and application of the Categories. They describe the definition of the Categories and discuss application in particular biomes and management approaches.

The Epidemic of Antibiotic-Resistant Infections: A Call to Action for the Medical Community from the Infectious Diseases Society of America

Abstract: The ongoing explosion of antibiotic-resistant infections continues to plague global and US health care. Meanwhile, an equally alarming decline has occurred in the research and development of new antibiotics to deal with the threat. In response to this microbial “perfect storm,” in 2001, the federal Interagency Task Force on Antimicrobial Resistance released the “Action Plan to Combat Antimicrobial Resistance; Part 1: Domestic” to strengthen the response in the United States. The Infectious Diseases Society of America (IDSA) followed in 2004 with its own report, “Bad Bugs, No Drugs: As Antibiotic Discovery Stagnates, A Public Health Crisis Brews,” which proposed incentives to reinvigorate pharmaceutical investment in antibiotic research and development. The IDSA’s subsequent lobbying efforts led to the introduction of promising legislation in the 109th US Congress (January 2005–December 2006). Unfortunately, the legislation was not enacted. During the 110th Congress, the IDSA has continued to work with congressional leaders on promising legislation to address antibiotic-resistant infection. Nevertheless, despite intensive public relations and lobbying efforts, it remains unclear whether sufficiently robust legislation will be enacted. In the meantime, microbes continue to become more resistant, the antibiotic pipeline continues to diminish, and the majority of the public remains unaware of this critical situation. The result of insufficient federal funding; insufficient surveillance, prevention, and control; insufficient research and development activities; misguided regulation of antibiotics in agriculture and, in particular, for food animals; and insufficient overall coordination of US (and international) efforts could mean a literal return to the preantibiotic era for many types of infections. If we are to address the antimicrobial resistance crisis, a concerted, grassroots effort led by the medical community will be required.

Grasping at the routes of biological invasions: a framework for integrating pathways into policy

Abstract: Summary 1. Pathways describe the processes that result in the introduction of alien species from one location to another. A framework is proposed to facilitate the comparative analysis of invasion pathways by a wide range of taxa in both terrestrial and aquatic ecosystems. Comparisons with a range of data helped identify existing gaps in current knowledge of pathways and highlight the limitations of existing legislation to manage introductions of alien species. The scheme aims for universality but uses the European Union as a case study for the regulatory perspectives. 2. Alien species may arrive and enter a new region through three broad mechanisms: importation of a commodity, arrival of a transport vector, and/or natural spread from a neighbouring region where the species is itself alien. These three mechanisms result in six principal pathways: release, escape, contaminant, stowaway, corridor and unaided. 3. Alien species transported as commodities may be introduced as a deliberate release or as an escape from captivity. Many species are not intentionally transported but arrive as a contaminant of a commodity, for example pathogens and pests. Stowaways are directly associated with human transport but arrive independently of a specific commodity, for example organisms transported in ballast water, cargo and airfreight. The corridor pathway highlights the role transport infrastructures play in the introduction of alien species. The unaided pathway describes situations where natural spread results in alien species arriving into a new region from a donor region where it is also alien. 4. Vertebrate pathways tend to be characterized as deliberate releases, invertebrates as contaminants and plants as escapes. Pathogenic micro-organisms and fungi are generally introduced as contaminants of their hosts. The corridor and unaided pathways are often ignored in pathway assessments but warrant further detailed consideration. 5. Synthesis and applications. Intentional releases and escapes should be straightforward to monitor and regulate but, in practice, developing legislation has proved difficult. New introductions continue to occur through contaminant, stowaway, corridor and unaided pathways. These pathways represent special challenges for management and legislation. The present framework should enable these trends to be monitored more clearly and hopefully lead to the development of appropriate regulations or codes of practice to stem the number of future introductions.

Market Reaction to Events Surrounding the Sarbanes‐Oxley Act of 2002 and Earnings Management

Abstract: The Sarbanes‐Oxley Act (SOX) of 2002 is the most important legislation affecting corporate financial reporting enacted in the United States since the 1930s. Its purpose is to improve the accuracy and reliability of accounting information that is reported to investors. We examine stock price reactions to legislative events surrounding SOX and focus on whether such stock price effects are related cross‐sectionally to the extent firms had managed their earnings. Our univariate results suggest that significantly positive abnormal stock returns are associated with SOX events, and our primary analyses reveal considerable evidence of a positive relationship between SOX event stock returns and the extent of earnings management. These results are consistent with investors anticipating that the more extensively firms had managed their earnings, the more SOX would constrain earnings management and enhance the quality of financial statement information.

Mandatory reporting legislation in the United States, Canada, and Australia: a cross-jurisdictional review of key features, differences, and issues.

Abstract: Mandatory child abuse reporting laws have developed in particular detail in the United States, Canada, and Australia as a central part of the governments' strategy to detect cases of abuse and neglect at an early stage, protect children, and facilitate the provision of services to children and families. However, the terms of these laws differ in significant ways, both within and between these nations, with the differences tending to broaden or narrow the scope of cases required to be reported and by whom. The purpose of this article is to provide a current and systematic review of mandatory reporting legislation in the 3 countries that have invested most heavily in them to date. A comparison of key elements of these laws is conducted, disclosing significant differences and illuminating the issues facing legislatures and policymaking bodies in countries already having the laws. These findings will also be instructive to those jurisdictions still developing their laws and to those that may, in the future, choose to design a system of mandatory reporting.

Innovation, NCLB, and the Fear Factor: The Challenge of Leading 21st-Century Schools in an Era of Accountability

Abstract: This article explores the impact of the No Child Left Behind Act (NCLB) on the behavior of teachers and school leaders, specifically the centralizing, standardizing tendencies of the legislation, and juxtaposes their reactions to the types of teaching and leadership required to lead 21st-century schools. The authors argue that the isomorphic behavioral responses to NCLB conflict with the pedagogical and leadership behaviors of the 21st-century schools movement. The authors conclude that unless modifications are made to the legislation, teachers and school leaders are unlikely to exhibit or promote the types of pedagogical skills, knowledge, or leadership envisioned by advocates of 21st-century schools.

Physical education in schools: a global perspective

Abstract: This article draws from the Second Worldwide Survey of the situation of physical education (PE) in schools. The Survey was undertaken as a contribution to the UN dedicated 2005 Year of Sport and PE and in response to inter-governmental agencies’ calls for regular monitoring of developments in school PE in the form of a ‘reality check’. The overall purpose of the Survey was to assess the worldwide situation of school PE as well as developments since the Physical Education World Summit held in November 1999 in Berlin for which a multi-method/pluralistic approach was adopted with analysis of a range of sources comprising globally and regionally as well as on-line disseminated questionnaires, national surveys, continental regional and national PE-related projects, case studies and a comprehensive literature review. The pluralistic methods facilitated data collection on national level policies and practice-related issues in school PE, the PE curriculum, resources (human and material), the PE environment (school subject and PE teacher status; and pathway links to PE activity in out-of-school settings) and ‘Best Practice’ exemplars. The data generated provide an indication of patterns and trends in school PE in countries and regions across the world. The ‘reality check’ indicates that positive developments and policy rhetoric are juxtaposed with adverse practice shortcomings. Thus, the overall scenario is one of ‘mixed messages’ with evidence that national and/or regional governments have committed themselves through legislation to making provision for PE but some have been either slow or reticent in translating this into action through actual implementation and assurance of quality of delivery. Essentially, the situation especially in economically under-developed and developing regions has changed little since the 1999 Berlin Physical Education Summit. Continuing concerns embrace: insufficient curriculum time allocation, perceived inferior subject status, insufficient competent qualified and/or inadequately trained teachers (particularly in primary schools), inadequate provision of facilities and equipment and teaching materials frequently associated with under-funding, large class sizes and funding cuts and, in some countries, inadequate provision or awareness of pathway links to wider community programmes and facilities outside of schools. More generally, there is disquiet over the falling fitness standards of young people, rising levels of obesity amongst children of school age and high youth dropout rates from physical/sporting activity engagement. Whilst some improvements in inclusion (related to gender and disability) policy and practice can be identified since the Berlin Physical Education Summit, barriers to equal provision and access opportunities for all still remain. However, current intergovernmental initiatives (European Parliament’s 2007 Resolution on the Role of Sport in Education and UNESCO advocacy action) place PE on the political agenda. With such inter-governmental commitments to policy principles and action advocacy, a secure and sustainable future for PE appears to be realizable.

Road traffic injuries

Abstract: Road traffic injuries are a major source of death and injury worldwide, with more than 1.2 million people killed each year and estimated costs of $518 billion. Much of the burden is sustained by vulnerable road users in low- and middle-income countries and this is expected to increase, with road traffic injuries projected to become the second leading cause of death worldwide by 2020. Prevention of road traffic injuries is best managed by a systems approach, which addresses the behavioral, road-related, and vehicle-related factors that affect the number and severity of road-traffic-related injuries.

Sex Offender Laws: Legislators' Accounts of the Need for Policy

Abstract: To date, scholars have simply inferred the beliefs underlying sex offender laws from the passage and content of the legislation. Few researchers have directly spoken to legislators to determine their opinions of the sex offender problem. This study seeks to determine the perceptions of sex offenders and sex offending in the 1990s that drove the need for sex offender reform in Illinois and the degree to which these perceptions influenced the content of the laws. The findings suggest that policy makers had very distinct ideas about the nature of the sex offender problem in terms of who was responsible, who was in need of protection, and the degree to which legislative responses would address the issue. There was congruence between these personal perceptions and the content of sex offender laws. The results shed light on the degree to which public officials' personal perceptions influence the passage and content of legislation.

Rescaling the "Alien," Rescaling Personhood: Neoliberalism, Immigration, and the State

Abstract: Through an exploration of relevant legislation and court cases, this article discusses the contemporary constitution of neoliberal subjects via the devolution of select immigration powers to state and local governments by the federal government of the United States. Since the latter decades of the nineteenth century, the federal government has had plenary power over immigration, which has enabled it to treat “people as immigrants” (or as “nonpersons” falling outside of many Constitutional protections), simultaneously requiring that states and cities treat “immigrants as people” (or as persons protected by the Constitution). Beginning in the mid-1990s, however, the devolution of welfare policy and immigration policing powers has challenged the scalar constitution of personhood, as state and local governments have newfound powers to discriminate on the basis of alienage, or noncitizen status. In devolving responsibility for certain immigration-related policies to state and local governments, the federal gov...

The legal and ethical framework governing body donation in Europe: a review of current practice and recommendations for good practice

Abstract: Discussions at the inaugural meeting of a Trans-European Pedagogic Research Group for Anatomical Sciences highlighted the fact that there exist considerable variations in the legal and ethical frameworks throughout Europe concerning body bequests for anatomical examination. Such differences appear to reflect cultural and religious variations as well as different legal and constitutional frameworks. For example, there are different views concerning the "ownership" of cadavers and concerning the need (perceived by different societies and national politicians) for legislation specifically related to anatomical dissection. Furthermore, there are different views concerning the acceptability of using unclaimed bodies that have not given informed consent. Given that in Europe there have been a series of controversial anatomical exhibitions and also a public (televised) dissection/autopsy, and given that the commercial sale or transport of anatomical material across national boundaries is strongly debated, it would seem appropriate to "harmonise" the situation (at least in the European Union). This paper summarises the legal situation in a variety of European countries and suggests examples of good practice. In particular, it recommends that all countries should adopt clear legal frameworks to regulate the acceptance of donations for medical education and research. It stresses the need for informed consent, with donors being given clear information upon which to base their decision, intentions to bequest being made by the donor before death and encourages donors to discuss their wishes to bequeath with relatives prior to death. Departments are encouraged, where they feel it appropriate, to hold Services of Thanksgiving and Commemoration for those who have donated their bodies. Finally, there needs to be legislation to regulate transport of bodies or body parts across national borders and a discouragement of any moves towards commercialisation in relation to bequests.

Examining Parent Involvement in Reversing the Underachievement of African American Students in Middle-Class Schools

Abstract: Introduced in 2001, No Child Left Behind (NCLB) was hailed as the most significant education legislation since the Elementary and Secondary Education Act of 1965. The legislation purported to be a "landmark in education reform designed to improve student achievement and change the culture of America's schools" (U.S. Department of Education, 2003, p. 1). Shortly after the enactment, the bill was scrutinized by school officials and policy makers and later criticized for multiple reasons, such as a lack of funding, an overemphasis on testing, and inconsistency in standards at the federal, state and local levels (Dingerson, Beam, & Brown, 2004). Despite the criticism that NCLB has received over the past five years, there are some promising features of the legislation that seek to involve various historically excluded stakeholders in the educational process (Fege & Smith, 2002) and empower parents with decision-making power (Rogers, 2006; U.S. Department of Education, 2003). Central to its mission was the assurance of academic success for all students through authentic partnerships between schools, parents and communities. Parent involvement is specifically addressed by the authors of NCLB and loosely described in the legislation as a partnership that envisions parents with governance power within a democratic process (Rogers, 2006). While the provision seeks to mandate parent engagement in schools, what remains unclear under NCLB's parent involvement mandate is the extent to which parents are actually engaged in schools. One consistent critique of NCLB posits that it falls short in providing enforcement mechanisms to ensure compliance at the state and local levels (Davis, 2004). School systems cannot be sure that schools are actually complying with the federal mandate. Moreover, school officials cannot determine the roles race and class play when parents do make efforts to assume leadership roles in schools. Therefore, we, the researchers, seek to gain insight into these issues through this work. As the authors of this study, we examined the school experiences of middle-class African American parents and students, because they are largely overlooked in the professional literature when it comes to underachievement and parent involvement. Although NCLB highlights parent involvement and school accountability through the use of test data, we posit that non-White and non-Asian students in middle-class schools are frequently overlooked in the reporting and investigation of school achievement, particularly as it relates to parental involvement and engagement. Using Critical Race Theory (CRT) (Ladson-Bilings & Tate, 1995; Solorzano, 1998) as a conceptual framework to examine parent involvement as it pertains to African Americans in middle-class (1) schools, we attempt to account for an explicit intersection of race and class to be used in our analysis. CRT allows for the incorporation of counterstorytelling as a methodological tool so that parent voice can be a focus of this study. Because NCLB's emphasis on providing equal access to quality instruction to students of color, low income populations, and students with disabilities, it is clear that schools must be in compliance with this mandate. Further, educators must provide focused attention and additional resources to subgroups who fail to reach established performance benchmarks (U.S. Department of Education, 2005). To this end, schools are required to show evidence of "continuous progress" towards academic goals by meeting an annual benchmark for all subgroups within the school and demonstrate adequate yearly progress (AYP). The AYP benchmarks can include standardized test scores, graduation rates, attendance and other indicators determined by the state. Schools that fail to meet AYP targets for any subgroup or other school-wide benchmarks are designated as "in need of improvement." As a result, high achieving schools are unable to laud the overall success or high academic scores without a full accountability of the academic performance of all its subgroups (e. …

Obesity prevention: the role of policies, laws and regulations

Abstract: The commercial drivers of the obesity epidemic are so influential that obesity can be considered a robust sign of commercial success – consumers are buying more food, more cars and more energy-saving machines. It is unlikely that these powerful economic forces will change sufficiently in response to consumer desires to eat less and move more or corporate desires to be more socially responsible. When the free market creates substantial population detriments and health inequalities, government policies are needed to change the ground rules in favour of population benefits. Concerted action is needed from governments in four broad areas: provide leadership to set the agenda and show the way; advocate for a multi-sector response and establish the mechanisms for all sectors to engage and enhance action; develop and implement policies (including laws and regulations) to create healthier food and activity environments, and; secure increased and continued funding to reduce obesogenic environments and promote healthy eating and physical activity. Policies, laws and regulations are often needed to drive the environmental and social changes that, eventually, will have a sustainable impact on reducing obesity. An 'obesity impact assessment' on legislation such as public liability, urban planning, transport, food safety, agriculture, and trade may identify 'rules' which contribute to obesogenic environments. In other areas, such as marketing to children, school food, and taxes/levies, there may be opportunities for regulations to actively support obesity prevention. Legislation in other areas such as to reduce climate change may also contribute to obesity prevention ('stealth interventions'). A political willingness to use policy instruments to drive change will probably be an early hallmark of successful obesity prevention.

About the logical relations between cases and rules

Abstract: The two main types of law are legislation and precedents. Both types have a corresponding reasoning pattern determining legal consequences: legislation can be applied and precedents followed. The separate modelling of these two reasoning patterns using logical techniques has recently seen considerable progress. About the logical links between the two less is known, although progress has already been made. This document focuses on such logical relations. The main question is: to what extent can the application of legislation and precedent adherence be considered as two sides of the same logical coin? Findings from the boundaries of logic and law will serve as a starting point. This text is a translated, adapted and extended version of Verheij 2007.

BioBanking : an environmental scientist's view of the role of biodiversity banking offsets in conservation

Abstract: Offsets, first formalised in the United States of America in the 1970s for wetland mitigation, are now widely used globally with the aim to mitigate loss of biodiversity due to development. Embracing biodiversity offsets is one method of governments to meet their commitments under the Millennium Development Goals and the Convention on Biological Diversity. Resource extraction companies see them as a method of gaining access to land, while the community may perceive them as a way of enhancing environmental outcomes. In New South Wales, Australia, BioBanking legislation was introduced in late 2006 with the aim of ‘no net loss’ of biodiversity associated with development, particularly expanding urban and coastal development. The strengths of the legislation are that it aims to enhance threatened species conservation, and raise the profile of conservation of threatened species and habitats. Weaknesses include (1) the narrowness of the definition of biodiversity; (2) the concepts are based on a flawed logic and immature, imprecise and complex science which results in difficulties in determining biodiversity values; (3) likely problems with management and compliance; and (4) an overall lack of resources for implementation and long-term monitoring. It is concluded that the legislation is a concerted effort to deal with biodiversity loss, however, stakeholders have concerns with the process, and it is unworkable with the complexity of such ecosystems (compared for example to carbon credit trading), and underdeveloped disciplines such as restoration biology and ecology. Despite these criticisms, there is a need for all stakeholders to work to improve the outcomes.

Using Cultural and Social Capital to Improve Postsecondary Outcomes and Expand Transition Models for Youth With Disabilities

Abstract: The terms cultural and social capital, conceptualized by education philosopher and researcher Pierre Bourdieu, play an important role in the lives of youth with disabilities during transition into adulthood. Although research, legislation, and practice acknowledge the importance of resources that are established via social networks, insufficient attention has been dedicated to the forms of capital possessed by young adults with disabilities or to teachers' expectations of the role of capital in achieving postsecondary outcomes. Studies of capital inform postsecondary transition research and practice in key areas including self-determination, parent participation, access to appropriate curriculum, and linkages to adult services. Expanding the foci of postsecondary transition to include the study of capital may increase the efficacy of transition planning and instruction for youth with disabilities from other marginalized groups.

New Modes of Governance in the Shadow of Hierarchy: Self-regulation by Industry in Europe

Abstract: In technically complex areas, political actors increasingly rely on private actors to shape public policy, due to the greater expertise of private actors. This article theorises and empirically investigates the conditions under which self-regulation by industry (governance) emerges in environmental policy at the European level and asks how effective it is. Is a shadow of hierarchy (governmental intervention) needed to ensure the emergence and effectiveness of voluntary agreements? We show that the willingness to engage in self-regulation is prompted by the threat of governmental legislation. Once legislation has been pre-empted, environmental selfregulation is implemented under a weak shadow of hierarchy. We identify the causes of this weak control and explain the differential performance in the two sectors on the basis of different market incentives. /. Research question In technically complex areas of environmental protection, political decisionmakers increasingly rely on private actors, pre-eminently industry, to engage in the making of public policy.1 In the European Union, too, self-regulation by industry in the form of 'voluntary environmental agreements' (VAs) constitutes a mode of governance that is frequently invoked as 'better', both because it is based on the superior expertise of the actors shaping the policy measures and because it is immediate in its application and can be changed more speedily if the need arises (European Commission 2002). 2 In contrast, legislation involves a lengthy formal decision-making procedure and the transposition into national legislation before implementation begins (Heritier 2002, 2003). Moreover, sectoral governance, being cut off from the mainstream of legislative political decisionmaking (government), is supposed to guarantee the credibility and stability of the making of public policy if the preferences of governments change. In view of all these potential merits of governance including private actors, the questions arise: what exactly

On The Road To Universal Coverage: Impacts Of Reform In Massachusetts At One Year

Abstract: In April 2006, Massachusetts passed legislation intended to move the state to near-universal coverage within three years and, in conjunction with that expansion, to improve access to affordable, high-quality health care. In roughly the first year under reform, uninsurance among working-age adults was reduced by almost half among those surveyed, dropping from 13 percent in fall 2006 to 7 percent in fall 2007. At the same time, access to care improved, and the share of adults with high out-of-pocket costs and problems paying medical bills dropped. Despite higher-than-anticipated costs, most residents of the state continued to support reform.

The relationships between school inspections, school characteristics and school improvement

Abstract: The effects of school inspections on school improvement have been investigated only to a limited degree. The investigation reported on in this article is meant to expand our knowledge base regarding the impact of school inspections on school improvement. The theoretical framework for this research is partly based on the policy theory behind the Dutch Educational School Supervision Act (the latter includes assumptions about how school inspections lead to school improvement). Interviews and a survey with school inspectors gave insight into how school inspectors implement the Supervision Act and how they assess schools, and stimulate schools to improve. The results of ten case studies showed that all schools started to improve after a school visit. The innovation capacity of the school and the school environment do not seem to contribute to school improvement after school inspections. No effects were found on school-improvement processes of the number of insufficient scores that schools received from inspectors, the extent of feedback and suggestions for improvement, and the number of agreements. The provision of feedback about weaknesses, the assessment of these weak points as unsatisfactory, and the agreements between an inspector and the school regarding improvement activities do appear to make a difference in promoting school improvement.

Developments in Laws on Induced Abortion: 1998-2007

Abstract: Context: Women's lack of access to legal abortion is a major contributing factor to high rates of worldwide maternal mortality and morbidity. This article describes changes in the legal status of abortion in countries around the world since 1998. Methods: The complete texts of new abortion legislation, most often obtained directly from government Web sites, were reviewed to determine changes. Background information was, where possible, also based on a review of complete legal texts. Other sources include the International Digest of Health Legislation (published by the World Health Organization) and Abortion Policies: A Global Review (published in 2002 by the Population Division of the United Nations). Results: Since 1998, 16 countries have increased the number of grounds on which abortions may be legally performed; in two other countries, state jurisdictions expanded grounds for abortion. Two countries have removed grounds for legal abortion. Other countries maintained existing indications for abortion but adopted changes affecting access to the procedure. Conclusions: The worldwide trend toward liberalization of abortion laws observed in 1998 has continued. Recognition of the impact of abortion restrictions on women's human rights has played an increasing role in efforts to provide access to abortion.

Assessing the Effectiveness of Infrastructure Public—Private Partnership Programs and Projects

Abstract: Public—private partnerships (P3) have emerged as a popular strategy for infrastructure development worldwide. Within the United States, the momentum for P3 arrangements is building as states put enabling legislation in place, public authorities search for expedient solutions for the infrastructure funding gap, and investor capital becomes increasingly attracted by the risk/return profile of infrastructure assets. Proponents of P3's tout advantages whereas detractors claim that the expected benefits rarely materialize, or they are obtained at too great an expense. Thus, the following question arises: Are P3's effective as infrastructure development strategies? A framework, which might serve to both structure and assess P3 programs and projects, is presented. The framework has evolved since its original introduction and is underpinned by the notion that P3 strategies must balance the interests of society, state, industry, and the market for ultimate success. A case study of its application is presented to i...

To catch a predator? The MySpace moral panic

Abstract: This paper discusses moral panics over contemporary technology, or “technopanics.” I use the cyberporn panic of 1996 and the contemporary panic over online predators and MySpace to demonstrate links between media coverage and content legislation. In both cases, Internet content legislation is directly linked to media-fueled moral panics that concern uses of technology deemed harmful to children. This is of particular interest right now as a new internet content bill, the Deleting Online Predators Act (DOPA), is being debated in Congress. The technopanic over “online predators” is remarkably similar to the cyberporn panic; both are fueled by media coverage, both rely on the idea of harm to children as the justification for internet content restriction, and both have resulted in carefully crafted legislation to circumvent First Amendment concerns. Research demonstrates that legislation proposed (or passed) to curb these problems is an extraordinary response; it is misguided and in many cases masks the underlying problem.

Two-tier Employment Protection Reforms: The Spanish Experience

Abstract: In most countries, Employment Protection Legislation (EPL) gives differential treatment to different groups of workers. In particular, dismissal regulations may vary by age, gender, skill, firm size and type of contract, creating a wedge in firing costs across workers. This is particularly the case in various European and Latin American countries where attempts to increase labor market flexibility have taken place through marginal changes in EPL that liberalized the use of fixed-term (or temporary) contracts, while leaving largely unchanged the legislation affecting the stock of employees under openended (or permanent) contracts (Dolado et al. 2007).

Making Sense out of Nonsense: The Deconstruction of State-Level Sex Offender Residence Restrictions

Abstract: Releasing a sex offender from prison or placing the offender on community-based sanctions, only to have the offender commit a new sex crime, is a policy-maker’s worst nightmare. Fueled by misperceptions and public fear, sex offender laws have developed piecemeal and without rigorous empirical insight and testing. While policies and practices are well-intended, they are unlikely to resolve the very real social problem of sexual violence and may inadvertently increase victimization. Such is the possibility with residence restrictions. This type of law is among the newest in an ever-growing barrage of legislation designed specifically for sexual criminals yet what little research that exists suggests there is no correlation between residence and sexual recidivism. This article identifies 30 states with state-level residence restrictions and conducts a content analysis of each state’s legislation. Geographical and other assessments are also conducted.

Assessing a Decade of Interstate Bank Branching

Abstract: Table of ContentsI. Introduction 75II. Historical Background on Interstate Branching and IBBEA 77III. IBBEA Interstate Banking and Branching Provisions Determined by Federal Law 88A. IBBEA Provisions with Regard to Interstate Banking 89B. IBBEA Provisions with Regard to Interstate Branching 90C. IBBEA Branching Provisions Determined by Individual States 911. Minimum Age of Target Institution 922. De Novo Interstate Branching 923. Acquisition of Single Branches or Other Portions of an Institution 934. Statewide Deposit Cap 935. Reciprocity 94IV. States' Responses to Interstate Branching Provisions 94A. Minimum Age of Target Institution 95B. Statewide Deposit Cap on Branch Acquisition 95C. De Novo Interstate Branching 96D. Acquisition of Single Branches or Other Portions of an Institution 96E. Reciprocity 96V. Description of State Branching-Restriction Index 97VI. Data and Analysis 97A. Data 97B. Empirical Analysis 98VII. Conclusion 100VIII. Appendix 101One aspect of the American banking system that quickly impresses itself onthe mind of a foreign observer is its fragmented structure. . . . [The] prospective developments in the payments mechanism-electronic transfer of funds, direct deposit of payrolls, and wider use of pre-authorized credit-will reduce the need for customers to visit their banks frequently and, though not resolving the branching controversy, will make it academic.1I. IntroductionWhile much has changed in the last thirty-four years, bank branching has not yet progressed from a controversial issue to a purely academic one. Throughout its history, U.S. banking regulation has constrained bank growth through prohibitions or restrictions on the means of direct and indirect bank expansion both within states (intrastate banking and branching) and between states (interstate banking and branching).2 Although restrictions on intrastate expansion were eliminated through piecemeal changes in legislation over the past several decades, many restrictions remained regarding interstate expansion.The passage of the Riegle-Neal Interstate Banking and Branching Efficiency Act (IBBEA) of 1994(3) removed any remaining federal restrictions on interstate expansion, but allowed the states considerable leeway in deciding the rules governing entry by out-of-state branches.4 As a result, states opposing entry used IBBEA to erect barriers to out-of-state branch entry.IBBEA's removal of federal interstate branching barriers has resulted in staggering interstate expansion. This growth, illustrated in Figure 1, was driven both by consolidation of bank subsidiaries into branch offices and also establishment of de novo branches. …