Showing papers on "Legislation published in 2010"

Cardiac rehabilitation in Europe: results from the European Cardiac Rehabilitation Inventory Survey.

Abstract: Background Cardiac rehabilitation (CR) programmes support patients to achieve professionally recommended cardiovascular prevention targets and thus good clinical status and improved quality of life and prognosis. Information on CR service delivery in Europe is sketchy.Design Postal survey of national CR-related organizations in European countries.Methods The European Cardiac Rehabilitation Inventory Survey assessed topics including national guidelines, legislation and funding mechanisms, phases of CR provided and characteristic of included patients.Results Responses were available for 28 of 39 (72%) countries; 61% had national CR associations; 57% national professional guidelines. Most countries (86%) had phase I (acute inhospital) CR, but with differing service availability. Only 29% reported provision to more than 80% patients. Phase II was also available, but 15 countries reported provision levels below 30%. Almost half (46%) had national legislation regarding phase II CR; three-quarters had government...

The Shared Decision-Making Continuum

Abstract: DURING THE 20TH CENTURY, MEDICAL DECISION MAKing shifted from a paternalistic approach to an autonomy-based standard in the United States. Now, in the 21st century, the pendulum is swinging back and the medical community and the public are increasingly embracing shared decision making. In many other parts of the world paternalism remained the primary approach, yet there is now a move toward shared decision making occurring internationally. This “meeting in the middle” has been spurred by the 2004 endorsement of shared decision making over either strict autonomy or physiciandirected decision making by the leading critical care organizations in Europe and the United States. Furthermore, the American Medical Association, the American College of Critical Care, and the American Academy of Pediatrics all advocate shared decision making. Most patients (the term patient in this article denotes either the patient or the patient’s agent or surrogate decision maker in cases of an incompetent patient) and family members prefer shared decision making over either strict autonomy or physician-directed decision making. Recent legislation in US states gives physicians greater control. For instance, the Texas Advance Directives Act of 1999 (Texas Health & Safety Code §166.046) specifies the process by which physicians can withdraw life-sustaining interventions over patient objection, and in 2009 California enacted similar legislation (California Probate Code §4736). Such studies and legislation demonstrate that the move away from a strict autonomy model is now widely accepted in the United States. In Europe and other parts of the world, the move away from paternalism toward shared decision making is also becoming accepted in medical and lay communities, and patients are increasingly being given greater control over their medical care. Although shared decision making is becoming the new standard, it remains unclear exactly what “shared decision making” means. The model for shared decision making described herein is consistent with ethical principles and patient preferences and can be referred to as the “shared decision-making continuum” because shared decision making will necessarily take different forms in different situations. Shared decision making does not mean the same thing in all cases and therefore can best be understood as a continuum (FIGURE). At one end is patientor agent-driven decision making, at the opposite is physician-driven decision making, and in the middle are many possible approaches. Discussion of 5 points along the continuum illustrates some of the possible approaches. In patient/agent-driven decision making (akin to strict autonomy), the physician presents all options and the patient makes his/her own choice. The physician provides expert knowledge only and makes no recommendations. In physician recommendation decision making, the physician explains all options and also makes a recommendation. Because many decisions in health care are value laden, physicians must base their recommendations on the patient’s values rather than on their own. Ascertaining the patient’s values, however, often requires time and advanced communication skills. Furthermore, when a patients asks the physician what he/she would do, the physician must consider the patient’s perspective and ensure that he/she is neither intentionally nor unintentionally coercive. In equal partners decision making, the patient and physician work together to reach a mutual decision. This process often requires a longstanding relationship, and both parties must understand the values and biases of the other. Mutual respect and understanding are essential. Because the patient and physician necessarily have different perspectives, the physician must ensure that it is the patient’s values, not his/her own, that guide decision making. In some cases it may be appropriate for the physician to bear the major burden of decision making. With informed nondissent decision making, the physician, guided by the patient’s values, determines the best course of action and fully informs the patient. The patient may either remain silent, thereby allowing the physician’s decision to stand, or veto the decision. In this approach the patient must understand all pertinent information (as he/she would in any method of decision making). Furthermore, the patient must appreciate that silence will be construed as tacit agreement. Patients must understand that they are welcome to veto the decision and if so, their wishes will be honored and they will receive excellent care.

Regulation and economic globalization: Prospects and limits of private governance

Abstract: Introduction The last two decades have witnessed a remarkable burst of innovation in ‘private governance’, i.e., non-governmental institutions that ‘govern—that is they enable and constrain—a broad range of economic activities in the world economy’. These institutions serve functions that have historically been the task of governments, most notably that of regulating the negative externalities of economic activity. Private governance takes many forms: standards governing a vast array of environmental, labor, health, product safety, and other matters; codes of conduct promulgated by corporations, industry associations, and non-governmental organizations (NGOs); labels that rely on consumer demand for ‘green’ and ‘fair trade’ products; and even self-regulation by corporations under the banner of corporate social responsibility (CSR). The move towards private governance is best seen as a response to societal pressures spawned by economic globalization and by the inadequacy of public governance institutions in addressing them. As firms, production networks, and markets transcended national boundaries, public (governmental) systems of economic governance built on the unit of the nation-state proved inadequate for regulating an increasingly fragmented and footloose global economy. In the language of Polanyi, markets became ‘dis-embedded’ from societal and state institutions (Polanyi, 1944. See also Evans, 1985; Ruggie, 1982). Logically, economic globalization demands global regulation, but at the international level regulatory standards are generally weak and there is little capacity to enforce them. In the developing world, where production is increasingly concentrated, many states lack the capacities of law, monitoring, and enforcement needed to regulate industry, even when they have strongly worded legislation on the books. The failure of public governance institutions to keep pace with economic globalization has, therefore, created a global ‘governance deficit’. As Polanyi would predict, workers, environmentalists, human rights activists, and others in civil society have mobilized to demand new forms of governance. Part of this response focused on attempting to alter public policies—i.e., pushing back against neoliberal economic prescriptions or demanding that market opening be accompanied by regulatory measures. Frustrated with the perceived inability of governmental institutions to respond to the governance challenge, however, many social activists and labor groups also turned to pressure campaigns targeted at corporations and to other strategies designed to use market pressure to regulate the behavior of producers.

The social model of disability

Abstract: Ensuring disabled people are treated fairly and equally is a key component of health and social care practice. This article provides an introduction to the social model of disability, which recognizes the barriers people often faced are caused by negative attitudes, lack of access to services and failing to think about care and support from the perspective of services users. The article provides an overview of the social model and relevant disability legislation, before going on to illustrate how some key principles can be applied to practice.

The Political Economy of the US Mortgage Default Crisis

Abstract: We examine the effects of constituents, special interests, and ideology on congressional voting on two of the most significant pieces of legislation in US economic history. Representatives whose constituents experience a sharp increase in mortgage defaults are more likely to support the Foreclosure Prevention Act, especially in competitive districts. Interestingly, representatives are more sensitive to defaults of their own-party constituents. Special interests in the form ofhigher campaign contributions from the financial industry increase the likelihood of supporting the Emergency Economic Stabilization Act. However, ideologically conservative representatives are less responsive to both constituent and special interests. (JEL D72, G21, G28)

What is STEM education

Abstract: ![Figure][1] CREDIT: SUSAN RUST The United States needs a broader, more coordinated strategy for precollege education in science, technology, engineering, and mathematics (STEM). That strategy should include all the STEM disciplines and address the need for greater diversity in the STEM professions, for a workforce with deep technical and personal skills, and for a STEM-literate citizenry prepared to address the grand challenges of the 21st century. There have been repeated efforts to produce major improvements in such education, including the production of voluntary national education standards for science and for mathematics in the 1990s. But as a battle-scarred veteran of those efforts, I view the next decade as the time when real progress might finally be made. The term “STEM education” is now widely used, but what does it mean and how might it influence American education? For most, it means only science and mathematics, even though the products of technology and engineering have so greatly influenced everyday life. A true STEM education should increase students' understanding of how things work and improve their use of technologies. STEM education should also introduce more engineering during precollege education. Engineering is directly involved in problem solving and innovation, two themes with high priorities on every nation's agenda. Given its economic importance to society, students should learn about engineering and develop some of the skills and abilities associated with the design process. The good news is that the National Assessment Governing Board has recognized the importance of this issue and recently approved the evaluation of technology and engineering education through examinations that will be given to U.S. students in 2014. Likewise, the draft Framework for Science Education released last month by the U.S. National Academies includes technology and engineering among four targeted disciplines. ![Figure][1] CREDIT: PETER VOGEL, PHYSICS BALSA BRIDGE BUILDING CONTEST, NOTRE DAME REGIONAL SECONDARY SCHOOL, VANCOUVER BC ([WWW.BALSABRIDGE.COM][2]) To succeed in this new round of education reforms, the United States will need equal treatment for science—broadly defined to include technology and engineering—in the reauthorization of the Elementary and Secondary Education Act (currently referred to as No Child Left Behind). For the past 8 years, this legislation has had the unintentional result of reducing or eliminating science from school programs, especially at the elementary level, by not including science test scores as a significant part of the calculation for measuring Adequate Yearly Progress. The current blueprint of the U.S. Department of Education for the reauthorization fails to remedy this situation; the final legislation could and should. As stressed in the National Academies report Rising Above the Gathering Storm , students must acquire such skills as adaptability, complex communication, social skills, nonroutine problem solving, self-management, and systems thinking to compete in the modern economy. To the degree that STEM curricula incorporate group activities, laboratory investigations, and projects, they afford the opportunity for students to develop these essential 21st-century skills and prepare them to become citizens who are better able to make decisions about personal health, energy efficiency, environmental quality, resource use, and national security. Indeed, the competencies that citizens need to understand and address such issues, from the personal to global perspectives, are as clearly linked to knowledge in the STEM disciplines as they are to economics, politics, and cultural values. The STEM community responded vigorously to produce the Sputnik-spurred education reforms of the 1960s. Likewise, the United States needs a bold new federal strategy for improving education that includes the creation of high-quality, integrated instruction and materials, as well as the placement of problems associated with grand challenges of society at the center of study. It is time to move beyond slogans and make STEM literacy a reality for all students. [1]: pending:yes [2]: http://WWW.BALSABRIDGE.COM

Health care reform and cost control.

Abstract: After nearly a century of failed attempts, comprehensive health care reform was enacted on March 23, 2010, when President Barack Obama signed the Affordable Care Act (ACA). In attempting to modernize and improve a large part of the health care system, it may be one of the most ambitious and consequential pieces of legislation in U.S. history. Although the bill has now been signed into law, the debate over its design and intended effects has not abated. As concerns appropriately mount about the nation's medium- and long-term fiscal situation, critics of the ACA have resurrected doubts about its cost-containment measures . . .

Financial realities affect political support for health care reform.

Abstract: It is certainly not a surprise to anyone that the influence of lobbyists on many pieces of legislation is significant, pervasive, and effective in achieving specific goals of parochial interest groups. One can guess as to the influence the contributions have on many aspect of what extends into laws affecting many aspects of our lives. The effects (of perhaps funding shifts to other items) on health care, health care systems, health insurance programs, health professions, health professionals, and health professional educational programs are blatant and oppressive because of neglect of other worthy funding points. National Institutes of Health (NIH) funding for research, significant amounts of which can and has funded research conducted by faculty members within our academy in our schools and colleges of pharmacy, has remained virtually stagnant since 2003.1 Other research funding has been neglected as well. How can worthy funding options, ever so important to our colleagues, compete with the entrenched special interest groups significantly impacting how money is spent in the United States? State legislative funding for public schools and colleges also entails examining competing options supported by lobbying entities with far deeper pockets that any public university can ever hope to muster. Our publically funded higher education institutions are expressly prohibited from political contribution schemes, as they well should be. Meanwhile, funding for higher education supported by state legislatures has at best remained stagnant or has been significantly reduced presently and in the recent and not so recent past. Follow the Money The passage of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA) (Pub. L. 108-173) is a case in point of how funding follows lobbyists’ collective activities. The Medicare Part D Drug Program as a part of this legislation overtly favored pharmaceutical manufacturers, insurers, and pharmacy benefit management companies in an egregious fashion. Pharmaceutical companies were and are allowed to do business as usual with multiple pricing levels, and they retain the ability to raise prices at will. The MMA legislation specifically prohibits the Centers for Medicare and Medicaid Services (CMS) from negotiating with pharmaceutical companies for advantageous prices that these same companies provide freely elsewhere. The Federal Supply Schedule (FSS) pricing has allowed the Veterans Health Administration (VA) to purchase drugs at reduced prices and the federal 340B Drug Pricing Program provides access to reduced price prescription drugs to over 12, 000 health care facilities certified in the United States. Pharmaceutical companies remain profitable even with these reduced pricing programs partly due to their ability to shift price hikes elsewhere in a multi-layered process of drug pricing. The current health care reform proposal that has passed in the US Senate contains no requirement for governmental negotiation for prescription drugs within Medicare Part D. The House of Representatives bill does contain a requirement for direct price negotiation between the Secretary of Health and Human Services and pharmaceutical companies. This among other differences will be hammered out in the Senate and House joint negotiations in committee. To provide for optimum participation by Medicare Part D prescription drug plans (PDPs) and Medicare Advantage (MA-PDPs, as a component of managed care Medicare Part C) drug plans, incentive were a component of the MMA legislation which provided PDPs and MA-PDPs significant subsidies containing upfront funding to allow for these companies to participate with an assurance of profitability.2 In effect, participating plans were given a profitability fallback regardless of what happened with enrollment into their plans by eligible seniors, and were thus risk averse from a lack of enrollment and/or profitability with their proffered plans. As the legislation was written and enabled, for the first year of the program, due to overpayment to PDP and MA sponsors, Part D plan sponsors owed Medicaid a net total of $4.4 billion for the year 2006. This amount of overpayment has been reduced to $600 million for 2007—a significant reduction, but this amount remains sizeable. These overestimated payments provided to plans were to be returned to Medicare. However, to further complicate this matter, CMS had no mechanisms in place to collect funds from such overpayments. It was finally set in play and accomplished well into 2007 for the 2006 payments, as such, sponsors held significant amounts of money for an extended period of time. Lobbyists exerted pressure to pass the MMA in the form in which it was enacted.

Considerations on a Definition of Nanomaterial for Regulatory Purposes

Abstract: The recent EU Cosmetic Products Regulation includes a labelling obligation for nanomaterials in the list of ingredients, in order to allow consumers to make a choice. Similar provisions are now being considered for other regulations/directives, e.g. the Novel Foods Regulation. Also the European chemicals legislation REACH may need adjustments to address and control the potential risk of nanomaterials. The introduction of these provisions specific to nanomaterials requires the adoption of a definition of the term ‘nanomaterial’. This need is also acknowledged by the European Parliament which has called for a comprehensive science-based definition in Community legislation. The report reviews and discusses issues related to a definition of the term ‘nanomaterial’. It gives a short overview about what may be considered as nanomaterials, their novel properties and applications. The need for a definition of nanomaterial is discussed, and the question of what should be achieved by a definition is addressed. The report gives an overview of definitions by international, national and European institutions, and lists approaches used in European legislation. It summarises the advantages and shortcomings of different elements typically used in available definitions, regarding their applicability in a regulatory context. The report concludes that a definition of the term ‘nanomaterial’ for regulatory purposes, only should concern ‘particulate nanomaterials’. The definition should ideally be broadly applicable in EU legislation and in line with other approaches worldwide. The following three key elements are identified as being crucial: (i) the term ‘material’, (ii) the nanoscale, and (iii) specific nanoscale properties. ‘Material’ and ‘nanoscale’ should both preferably be defined precisely in order to ease enforceability. This implies the introduction of precise nanoscale limits and instructions on how such limits can be applied to nanoscale materials with size distributions. For a basic and clear definition, which is broadly applicable and enforceable, it is recommended not to include properties other than size in a general definition. Shape and state of agglomeration/aggregation must be adequately dealt with either in the definition or in subsequent legislation. Other issues may need to be considered in specific regulations such as origin of the nanomaterial, properties other than size, and specific inclusion or exclusion of certain nanomaterials. The mission of the Joint Research Centre (JRC) is to provide customer-driven scientifi c and technical support for the conception, development, implementation and monitoring of European Union policies. As a service of the European Commission, the JRC functions as a reference centre of science and technology for the Union. Close to the policy-making process, it serves the common interest of the Member States, while being independent of special interests, whether private or national. LB -N A -2403-EN -C

More Open but Not More Trusted? The Effect of the Freedom of Information Act 2000 on the United Kingdom Central Government

Abstract: This article examines the impact of Britain's Freedom of Information (FOI) Act 2000 on British central government. The article identifies six objectives for FOI in the United Kingdom and then examines to what extent FOI has met them, briefly comparing the United Kingdom with similar legislation in Ireland, New Zealand, Australia, and Canada. It concludes that FOI has achieved the core objectives of increasing transparency and accountability, though the latter only in particular circumstances, but not the four secondary objectives: improved decision-making by government, improved public understanding, increased participation, and trust in government. This is not because the Act has “failed” but because the objectives were overly ambitious and FOI is shaped by the political environment in which it is placed.

Designed to fail: A biopolitics of British citizenship

Abstract: Tracing a route through the recent ‘ugly history’ of British citizenship, this article advances two central claims. Firstly, British citizenship has been designed to fail specific groups and populations. Failure, it argues, is a design principle of British citizenship, in the most active and violent sense of the verb to design: to mark out, to indicate, to designate. Secondly, British citizenship is a biopolitics – a field of techniques and practices (legal, social, moral) through which populations are controlled and fashioned. This article begins with the 1981 Nationality Act and the violent conflicts between the police and black communities in Brixton that accompanied the passage of the Act through the British parliament. Employing Michel Foucault's concept of state racism, it argues that the 1981 Nationality Act marked a pivotal moment in the design of British citizenship and has operated as the template for a glut of subsequent nationality legislation that has shaped who can achieve citizenship. The c...

Legal Framework of the Water Sector in Vietnam

Abstract: Since 1986 and especially during the early 90s, environmental protection has become a constitutional principle in Vietnam as regulated by Articles 17 and 29 of the 1992 Constitution. The first Law on Environmental Protection, passed by the National Assembly on December 27, 1993 created a foundation for environmental legislation becoming an important field in Vietnam’s legal system. In the following, in January 1999, Vietnam enacted its very first Law on Water Resources (No. 08/1998/QH10) aiming to provide a foundational framework for managing the water sector in Vietnam. In recent years, the legislative framework on water resources management has further developed. Important water-related Government decrees, decisions and circulars on the guidance and implementation of the Law on Water Resources have been issued and often amended to meet the requirements of the country’s development, and its international integration. To date, Vietnam’s legislation on the water sector consists of a complex system of legal documents issued by different state agencies. Like in other legal fields, the groundwork of the legislation for the water sector is many-faceted. Though legislation of water sector management in Vietnam has greatly improved during the last decade, it has obviously not yet come to full fruition. Hence, this paper intends to analyze contradictions, gaps and overlaps of the current Law on Water Resources with other related laws/ordinances and secondary regulations that have bared themselves in the implementation process. Furthermore, the main aim of the study is to clarify and determine the need for a new comprehensive Law on Water Resources.

Making the case for laws that improve health: a framework for public health law research.

Abstract: Context: Public health law has received considerable attention in recent years and has become an essential field in public health. Public health law research, however, has received less attention. Methods: Expert commentary. Findings: This article explores public health law research, defined as the scientific study of the relation of law and legal practices to population health. The article offers a logic model of public health law research and a typology of approaches to studying the effects of law on public health. Research on the content and prevalence of public health laws, processes of adopting and implementing laws, and the extent to which and mechanisms through which law affects health outcomes can use methods drawn from epidemiology, economics, sociology, and other disciplines. The maturation of public health law research as a field depends on methodological rigor, adequate research funding, access to appropriate data sources, and policymakers’ use of research findings. Conclusions: Public health law research is a young field but holds great promise for supporting evidence‐based policymaking that will improve population health.

Environmentalism and NIMBYism in China: promoting a rules-based approach to public participation

Abstract: Public participation is key to effective environmental governance, yet in China the public's role has been limited. Since 2002, China's environmental authorities have promulgated legislation that provides channels for public participation in planning processes. By defining public participation in legal terms, this legislation has facilitated the emergence of ‘rules-based’ environmental activism whereby citizens pressurise officials to uphold public participation rules. This phenomenon is examined in the context of an ‘environmentalist’ – NIMBY (not-in-my-backyard) dichotomy. It is found that environmentalist NGOs engage in rules-based activism on a long-term basis to improve the institutional environment for public participation. Although NIMBYs have also interacted with public participation legislation, this is secondary to pursuing their own localised interests. Unlike NGOs, NIMBYs can adopt contentious tactics that exert considerable pressure on local officials to open participatory channels. Both envi...

Woodland key habitats in northern Europe: concepts, inventory and protection

Abstract: The woodland key habitat (WKH) concept has become an essential instrument in biodiversity-orientated forest management in northern Europe. The philosophy behind the concept is basically the same in all of the countries: to conserve the biodiversity of production landscapes by preserving small habitat patches that are supposed to be particularly valuable. This article reviews the definitions, inventories and implementation processes of WKHs in Sweden, Finland, Norway, Latvia, Estonia and Lithuania. Sweden and the Baltic countries have similar WKH models, while the models in Finland and Norway are clearly deviating. Depending on the country, the definitions emphasize different factors, such as soil and bedrock properties, stand structure and occurrence of indicator species. The mean size of the WKHs varies considerably, from 0.7 ha (Finland) to 4.6 ha (Sweden). The degree of formal protection also differs. Preservation of WKHs is primarily based on forest legislation in Finland, Estonia and Latvia,...

"But it just has that sort of feel about it, a leper"—Stigma, smoke-free legislation and public health

Abstract: Introduction: The Scottish smoke-free legislation has had con- siderable success, with high compliance resulting in significant health benefits and the increased denormalization of smoking. International literature on the impact of smoke-free legislation has mostly focused on the success of such policies. Relatively little consideration has been given to the potentially negative, albeit unintended, consequences of smoke-free policies within different social and cultural contexts, in particular the increased stigmatization of smokers. Methods: A 3-wave longitudinal qualitative study in 4 localities in Scotland using repeat in-depth interviews. Participants comprised a panel of 40 current and recent ex-smokers, inter- viewed before and after implementation of the legislation in 2 socioeconomically advantaged and 2 disadvantaged localities in Scotland. Results: Smokers perceived the smoke-free legislation to have increased the stigmatization of smoking. By separating, albeit temporarily, those who were smoking from those who were not had led to increased felt stigma. This had led to a social milieu that fostered self-labeling and self-stigmatization by smokers of their own smoking behavior, even when they were not smoking. While there was little reported direct discrimination, there was a loss of social status in public places. Smokers at- tempted to ameliorate stigmatization by not smoking outside, reducing going out socially, joining in the stigmatization of other smokers, and/or acknowledging the benefits of smoke- free environments. Discussion: The unintended negative consequences of smoke- free legislation for some suggest that tobacco control strategies need to consider how smokers who experience increased stigma are supported by public health to address their smoking while continuing to create smoke-free environments.

Brazilian Agriculture and Environmental Legislation: Status and Future Challenges

Abstract: Brazilian agriculture covers about one-third of the land area and is expected to expand further We assessed the compliance of present Brazilian agriculture with environmental legislation and identified challenges for agricultural development connected to this legislation We found (i) minor illegal land use in protected areas under public administration, (ii) a large deficit in legal reserves and protected riparian zones on private farmland, and large areas of unprotected natural vegetation in regions experiencing agriculture expansion Achieving full compliance with the environmental laws as they presently stand would require drastic changes in agricultural land use, where large agricultural areas are taken out of production and converted back to natural vegetation The outcome of a full compliance with environmental legislation might not be satisfactory due to leakage, where pristine unprotected areas become converted to compensate for lost production as current agricultural areas are reconverted to protected natural vegetation. Realizing the desired protection of biodiversity and natural vegetation, while expanding agriculture to meet food and biofuel demand, may require a new approach to environmental protection New legal and regulatory instruments and the establishment of alternative development models should be considered

The Informal Politics of Legislation: Explaining Secluded Decision-Making in the European Union

Abstract: This paper investigates a widespread yet understudied trend in EU politics: the de facto shift of legislative decision-making from public inclusive to informal secluded arenas, and the subsequent adoption of legislation at first reading. Since its formal introduction in 1999, “fast-track legislation” has become ever more frequent, accounting for 72% of adopted codecision files in the last parliamentary term. Our paper analyses this puzzling trend and explains under what conditions informal decision-making is likely to occur. Competing and equifinal expectations are drawn from rational choice and sociological institutionalism. Based on institutionalist delegation theory and power-based distributive bargaining, we argue that informalisation saves the transaction costs of multi-party negotiation, and hinges on a legislative act’s issue-properties. By contrast, based on sociological institutionalism, we argue that informal decision-making results from the emulation of tested decision-rules, and from socialisation into habitual procedural choice and inter-organisational cooperation. We test our hypotheses on a data set of all 797 codecision files negotiated between mid-1999 and mid-2009. First, our analysis suggests that informalisation and seclusion are systematically related to an increase in participants, legislative workload and issue complexity. These findings back a functionalist argument, emphasising the transaction costs of intra-organisational coordination and information-gathering. Second, given that even redistributive and salient acts are regularly decided informally, we find little support for a rationalist argument, stressing the role of public interest in, and political opposition to, a legislative file. Finally, we find strong evidence for the impact of the time fast-track legislation has been in use. This finding confirms the sociological expectation that links informal and secluded decision-making to local positive feedback at the intra-organisational level, and to sustained cooperation at the inter-organisational level.

Legislative Success in a Small World: Social Network Analysis and the Dynamics of Congressional Legislation

Abstract: We examine the social network structure of Congress from 1973 to 2004. We treat two Members of Congress as directly linked if they have cosponsored at least one bill together. We then construct explicit networks for each year using data from all forms of legislation, including resolutions, public and private bills, and amendments. We show that Congress exemplifies the characteristics of a “small world” network and that the varying small-world properties during this time period are related to the number of important bills passed.

Health Care Reform and American Politics: What Everyone Needs to Know

Abstract: The Patient Protection and Affordable Care Act signed by President Obama in March 2010 is a landmark in U.S. social legislation. The new law extends health insurance to nearly all Americans, fulfilling a century-long quest and bringing the United States to parity with other industrial nations. Affordable Care aims to control rapidly rising health care costs and promises to make the United States more equal, reversing four decades of rising disparities between the very rich and everyone else. Millions of people of modest means will gain new benefits and protections from insurance company abuses - and the tab will be paid by privileged corporations and the very rich. How did such a bold reform effort pass in a polity wracked by partisan divisions and intense lobbying by special interests? What does Affordable Care mean - and what comes next? In Health Care Reform and American Politics: What Everyone Needs to Know, Lawrence R. Jacobs and Theda Skocpol--two of the nation's leading experts on politics and health care policy--provide a concise and accessible overview. They explain the political battles of 2009 and 2010, highlighting White House strategies, the deals Democrats cut with interest groups, and the impact of agitation by Tea Partiers and progressives. Jacobs and Skocpol spell out what the new law can do for everyday Americans, what it will cost, and who will pay. Above all, they explain what comes next, as critical yet often behind-the-scenes battles rage over implementing reform nationally and in the fifty states. Affordable Care might end up being weakened. But, like Social Security and Medicare, it could also gain strength and popularity as the majority of Americans learn what it can do for them.

Employment Protection Legislation: Evolution, Effects, Winners and Losers

Abstract: Contents: Foreword by Assar Lindbeck Preface 1. Introduction 2. The Design and Evolution of Employment Protection Legislation 3. What Conceivable Effects of Employment Protection Legislation? 4. Why Legislation? 5. Empirical Studies on the Effects of Employment Protection Legislation 6. Conclusions and Discussion Appendix Bibliography Index

Lessons learned from evaluations of California's statewide school nutrition standards.

Abstract: Objectives. We assessed the impact of legislation that established nutrition standards for foods and beverages that compete with reimbursable school meals in California.Methods. We used documentation of available foods and beverages, sales accounts, and surveys of and interviews with students and food service workers to conduct 3 studies measuring pre- and postlegislation food and beverage availability, sales, and student consumption at 99 schools.Results. Availability of nutrition standard–compliant foods and beverages increased. Availability of noncompliant items decreased, with the biggest reductions in sodas and other sweetened beverages, regular chips, and candy. At-school consumption of some noncompliant foods dropped; at-home consumption of selected noncompliant foods did not increase. Food and beverage sales decreased at most venues, and food service a la carte revenue losses were usually offset by increased meal program participation. Increased food service expenditures outpaced revenue increases...

Patient-related violence against emergency department nurses.

Abstract: In a finding that reflects international experiences, nurses in Australia have been identified as the occupation at most risk of patient-related violence in the health-care sector. A search of the literature was undertaken to explore this concept, with a focus on the emergency department and triage nurses. Significant findings included the fact that nurses are subjected to verbal and physical abuse so frequently that, in many instances, it has become an accepted part of the job. This attitude, combined with the chronic under-reporting of violent incidents, perpetuates the normalization of violence, which then becomes embedded in the workplace culture and inhibits the development of preventative strategies and the provision of a safe working environment. Nurses are entitled to a safe workplace that is free from violence under both the occupational health and safety legislation and the zero-tolerance policies that have been adopted in many countries including Australia, the UK, Europe, and the USA. Therefore, policy-makers and administrators should recognize this issue as a priority for preventative action.

Socio-economic factors influencing farmers' adoption of soil conservation practices in Europe

Abstract: This chapter aimed to review and summarize findings of existing studies on the role of socio-economic factors that influence farmer participation in soil conservation efforts, i.e. their adoption of conservation practices, with a particular focus on the European situation. In order to provide a structured overview we combined four groups of factors derived from previous concepts (Ervin and Ervin, 1982; Stonehouse, 1997) with the factors that influence the process of adoption (see model of acceptance in Figure 1). There is no evidence in the studies that either economic factors or social factors are superior in explaining adoption decisions. Rather, it is always a mix of personal, socio-cultural, economic, institutional and even environmental variables that explain behavior. Across the studies reviewed for the European context, we noted that there are several ways in which farmers or other land managers can participate in conservation efforts. We found three distinct pathways for the adoption of soil conservation practices: 1) an individual adopts a practice on their own initiative 2) an individual enrolls in an agri-environment scheme or soil conservation program and receives compensation (incentive payments) 3) an individual complies with legislation and conservation requirements. In a particular case a mixture of these may apply but there are distinct differences how these pathways determine the set of socio-economic factors that play a role in the adoption decision. A farmer may not consciously make the choice to take a certain pathway – in case of the third pathway, the choice is made externally. These pathways will also decide whether an investigation of adoption factors will focus on personal motivation, learning and experiences, on scheme characteristics that facilitate participation, or on compliance and enforcement of legislation. We infer that each pathway has a main driver. In the first case, the main driver is the personal motivation based on problem perception or intrinsic motifs and, if in a group, peer pressure. In the second case, the main driver is the incentive payment which must outweigh all other costs associated with program uptake and implementation of the measures in order for it to become effective. In the third case, the main driver is the threat of possible consequences of non-compliance such as a fine, loss of payments or reputation. For each pathway, a farmer considers the costs and benefits of soil conservation when deciding whether to adopt soil conservation practices or not. However, these costs and benefits go beyond direct costs and benefits associated with the practices and for some it may be difficult to quantify them (e.g. reputation, satisfaction, learning costs, costs associated with uncertainty on impact). Furthermore, the costs and benefits are determined by the environmental and economic context, institutional structures, and personal characteristics and they will thus differ between farmers and farms. Although based on a different sample (statistical analyses from regions in Africa and North and South America for conservation agriculture) we strongly support Bradshaw and Knowler’s (2007, 25) claim that there are few if any universal variables that regularly explain the adoption of soil practices and their conclusion that efforts to promote soil conservation in agriculture “will have to be tailored to reflect the particular conditions of individual locales.”

Private Members' Bills in the UK Parliament: Is There an ‘Electoral Connection’?

Abstract: Private Members' Bills are a small but significant part of the UK parliament's legislative work. Many are proposed but few pass into law. This article argues that Private Members' legislation has a broad analogy to constituency service behaviour. In making legislative proposals MPs can cast themselves as active and caring representatives and, in consequence, MPs who make proposals receive a small but significant increase in vote share. This electoral connection also prompts MPs from more marginal seats to be more active in proposing Private Members' Bills.

Medical Marijuana and the Law

Abstract: The U.S. legal landscape surrounding “medical marijuana” is complex and rapidly changing. Diane Hoffmann and Ellen Weber describe evolving legislation.