Showing papers on "Legislation published in 2012"

Climate change impacts

Abstract: The UK has passed legislation that introduces the world’s first long-term legally binding framework to tackle the dangers of climate change (The Climate Change Act 20084). The act requires Government to set carbon budgets, which are limits on greenhouse gas emissions in the UK for consecutive five year periods. Models analysed in IPCC AR4 have a range of 0-60% for an AMOC decrease over the next 100 years. The RAPID-WATCH 26˚N observations provide the only continuous measurements of the AMOC strength and vertical structure, and are thus a vital monitoring tool for this key climate variable'. Analysis of the PSMSL data set, reviewed by scientific panels such as the IPCC, inform studies of impacts of climate change on both national and international levels (e.g. UK Marine Climate Change Impacts Partnership (MCCIP), UK Climate Impacts Programme (UKCIP), UK Foresight Flood and Coastal Defence Review, Charting Progress and Charting Progress 2, IPCC Working Group II).

The global impact of e-waste: Addressing the challenge

Abstract: E-waste is currently the largest growing waste stream. It is hazardous, complex and expensive to treat in an environmentally sound manner, and there is a general lack of legislation or enforcement surrounding it. Today, most e-waste is being discarded in the general waste stream. Of the e-waste in developed countries that is sent for recycling, 80 per cent ends up being shipped (often illegally) to developing countries to be recycled by hundreds of thousands of informal workers. Such globalization of e-waste has adverse environmental and health implications. This paper will elaborate on the issues posed by e-waste, the scale of its use, destinations for the trans-boundary trade flow in e-waste, risks to workers, labour and employment issues, chemicals of concern, OSH aspects, and the legal framework. It will take a systems analysis approach to the problem, explore solutions and suggest possible pathways for ILO intervention.

Home care for older people in Sweden: a universal model in transition

Abstract: One aspect of universalism in Swedish eldercare services is that publicly financed and publicly provided services have been both affordable for the poor and attractive enough to be preferred by the middle class. This article identifies two trends in home care for older people in Sweden: a decline in the coverage of publicly funded services and their increasing marketisation. We explore the mechanisms behind these trends by reviewing policy documents and official reports, and discuss the distributional consequences of the changes by analysing two data sets from Statistics Sweden: the Swedish Level of Living surveys from 1988/1989 and 2004/2005 and a database on all users of tax deductions on household and care services in 2009. The analysis shows that the decline of tax-funded home care is not the result of changing eldercare legislation and was not intended by national policy-makers. Rather the decline was caused by a complex interplay of decision-making at central and local levels, resulting in stricter municipal targeting. The trend towards marketisation has been more clearly intended by national policy-makers. Legislative changes have opened up tax-funded services to private provision, and a customer-choice (voucher) model and a tax deduction for household- and care services have been introduced. As a result of declining tax-funded home-care services, older persons with lower education increasingly receive family care, while those with higher education are more likely to buy private services. The combination of income-related user fees, customer-choice models and the tax deduction has created an incentive for high-income older persons to turn to the market instead of using public home-care services. Thus, Swedish home care, as a universal welfare service, is now under threat and may become increasingly dominated by groups with less education and lower income which, in turn, could jeopardise the quality of care.

The Patient Protection and Affordable Care Act of 2010: Impact on Otolaryngology Practice and Research

Abstract: The Patient Protection and Affordable Care Act (PPACA) was signed into law by President Barack Obama on March 23, 2010. Since its passage, the PPACA has led to increased health insurance coverage for millions more Americans, and it includes provisions leading to new avenues for clinical and health services research funding. The legislation also favors development of the primary care specialties and general surgery, increased training of midlevel health care providers, and medical training and service in underserved areas of the United States. However, the PPACA does not effectively engage otolaryngologists in quality improvement, despite modifications to the Physician Quality Reporting System. The legislation also levies a tax on cosmetic procedures, affecting both clinicians and patients. This article reviews the sections of the PPACA that are most pertinent to otolaryngologists and explains how these components of the bill will affect otolaryngologic practice and research over the coming decade.

The Social Contagion Model: Exploring the Role of Public Opinion on the Diffusion of Antismoking Legislation across the American States

Abstract: Scholars have offered two primary explanations for the influence that neighboring states have on policy diffusion: state officials learn by observing the outcomes of policies and states seek an economic advantage over other states. Both models contend that decision making occurs laterally as state officials learn from or react to the policy decisions of other elites; the public has a minor role. I offer an additional explanation, the social contagion model, which suggests that state residents react to neighboring policies by changing their aggregate opinions on that policy. If state opinion becomes supportive, state officials respond by enacting similar policies in the home state or risk being ousted from office. Using both individual and aggregate data on antismoking legislation, I find empirical support for the social contagion model. The results reorient theories of policy diffusion to the public and, consequently, open up new avenues for future research.

An Operations Perspective on Product Take‐Back Legislation for E‐Waste: Theory, Practice, and Research Needs

Abstract: Agrowing stream of environmental legislation enforces collection and recycling of used electrical and electronics products. Based on our experiences with producers coping with e-waste legislation, we find that there is a strong need for research on the implications of such legislation from an operations perspective. In particular, as a discipline at the interface of systems design and economic modeling, operations focused research can be extremely useful in identifying appropriate e-waste take-back implementations for different business environments and how producers should react to them.

Sex Trafficking and the Sex Industry: The Need for Evidence-Based Theory and Legislation

Abstract: Critical analysis of current U.S. policy on sex trafficking and recommendations for reforms in policy and enforcement.

Response to waste electrical and electronic equipments in China: legislation, recycling system, and advanced integrated process.

Abstract: Over the past 30 years, China has been suffering from negative environmental impacts from distempered waste electrical and electronic equipments (WEEE) recycling activities. For the purpose of environmental protection and resource reusing, China made a great effort to improve WEEE recycling. This article reviews progresses of three major fields in the development of China's WEEE recycling industry: legal system, formal recycling system, and advanced integrated process. Related laws concerning electronic waste (e-waste) management and renewable resource recycling are analyzed from aspects of improvements and loopholes. The outcomes and challenges for existing formal recycling systems are also discussed. The advantage and deficiency related to advanced integrated recycling processes for typical e-wastes are evaluated respectively. Finally, in order to achieve high disposal rates of WEEE, high-quantify separation of different materials in WEEE and high added value final products produced by separated materials from WEEE, an idea of integrated WEEE recycling system is proposed to point future development of WEEE recycling industry.

Evidence-Based Practice and the Use of Information in State Agency Decision Making

Abstract: The contemporary policy environment makes persistent demands on agency officials to use the best information available when making decisions about policies, programs, and practices. State and federal legislation calls on agencies to incorporate evidence-based practices (EBP) in their programs. Using data from a 2008 survey of state agency directors, we examine the extent to which state government agencies draw upon various sources of information to guide their decisions about programmatic operations. Our findings reveal the extent to which agencies rely on, or weight, sources of scientific studies and formal evaluations compared to other sources. Factor analysis identifies patterns of agency information use, providing a basis for further exploring agency differences in information consultation that underlie development of new policies and programs in the vein of EBP.

Right of access to health care for undocumented migrants in EU : a comparative study of national policies

Abstract: Background: The aim of this article is to characterize policies regarding the right of access to health care for undocumented migrants in the 27 Member States of the European Union and to identify the extent to which these entitlements are congruent with human rights standards. Methods: The study is based on a questionnaire sent to experts, non-governmental organizations and authorities in the Member States between April and December 2009, as well as on available reports and official websites. Primary sources were also consulted as regards legislation. Results: Right of access to health care differs considerably between Member States. States can be grouped into 3 clusters: in 5 countries undocumented migrants have the right to access care that is more extensive than emergency care; in 12 countries they can only access emergency care and in 10 countries not even emergency care can be accessed. These variations are independent of the system of financing or the numbers of undocumented migrants present. Rather, they seem to relate to the intersection between practices of control of migration, the main types of undocumented migrants present and the basic norms of the welfare state—the ‘moral economy’ of the work society. Conclusion: International obligations articulated in human rights standards are not fully met in the majority of Member States. A more complete understanding of the differing policies might be obtained by considering the relationship between the formal and informal economy, as well as the role of human rights standards within the current ‘moral economy’.

A ‘Virtual Third Chamber’ for the European Union? National Parliaments after the Treaty of Lisbon

Abstract: The Treaty of Lisbon introduces an early warning mechanism (EWM) which empowers national parliaments to intervene directly at the EU level; they may now raise objections to – and even play a role in blocking – EU legislation. The EWM represents a new model of parliamentary involvement in international relations: national parliaments now constitute a virtual third chamber for the EU. Though they do not meet together in the same physical space, national parliaments collectively form a body that can, at least to some degree, perform three key parliamentary functions – legislation, representation, and deliberation. First, it gives national parliaments the power to influence legislative outcomes at the EU level. Second, it provides a new channel of representation linking the citizen with the EU. Third, it creates a new forum for debating the substantive merits of proposed EU legislation, particularly regarding its compliance with the principle of subsidiarity.

In full retreat: the Canadian government's new environmental assessment law undoes decades of progress

Abstract: The Canadian Environmental Assessment Act 2012, which came into force on 6 July 2012, virtually eliminates the core of federal-level environmental assessment in Canada. Under the new law, federal environmental assessments will be few, fragmentary, inconsistent and late. Key decision-making will be discretionary and consequently unpredictable. Much of it will be cloaked in secrecy. The residual potential for effective, efficient and fair assessments will depend heavily on requirements under other federal legislation and on the uneven diversity of provincial, territorial and Aboriginal assessment processes. This paper reviews the key characteristics of the new law in light of 10 basic design principles for environmental assessment processes, and considers the broader international implications of the Canadian retreat from application of these principles.

Responsibilities of Today's Principal: Implications for Principal Preparation Programs and Principal Certification Policies:

Abstract: Historically, principals served as disciplinarians and the teachers' boss. Under current federal legislation, principals now must accept the responsibility to manage personnel, funds, and strategic...

The Passions of Law

Abstract: The Passions of Law is the first anthology to treat the role that emotions play, don't play, and ought to play in the practice and conception of law and justice. Lying at the intersection of law, psychology, and philosophy, this emergent field of law scholarship raises some of the most profound and interesting questions at the heart of jurisprudence. For example, what role do emotions ranging from disgust to compassion play in the decision-making processes of judges, lawyers, juries, and clients? What emotions belong in which legal contexts? Is there a hierarchy of emotions, and, if so, through what sources do we identify it? To what extent are emotions subject to change or tutelage? How can we evaluate the role of emotion in such disparate contexts as death sentencing, laws about same sex marriage, hate crime legislation, punitive damages or shaming penalties? Consisting of original essays by leading scholars of law, theology, political science, and philosophy, The Passions of Law contributes to ongoing efforts to humanize law and reveals how this previously unacknowledged aspect of decision-making exerts a much greater impact on justice and the practice of law than most tend, or like, to think. Learn more about Susan Bandes

Designing for the Disabled: The New Paradigm

Abstract: Selwyn Goldsmith's Designing for the Disabled has, since it was first published in 1963, been a bible for practising architects around the world. Now, as a new book with a radical new vision, comes his Designing for the Disabled: The New Paradigm.Goldsmith's new paradigm is based on the concept of architectural disability. As a version of the social model of disability, it is not exclusively the property of physically disabled people. Others who are afflicted by it include women, since men customarily get proportionately four times as many amenities in public toilets as women - and women have to queue where men do not - and those with infants in pushchairs, because normal WC facilities are invariably too small to get a pushchair and infant into.To counter architectural disability, Goldsmith's line is that the axiom for legislation action has to be 'access for everyone' - it should not just be 'access for the disabled', as it presently is with the Part M building regulation and relevant provisions of the 1995 Disability Discrimination Act. In a 40-page annex to his book he sets out the terms that a new-style Part M regulation and its Approved Document might take, one that would cover alterations to existing buildings as well as new buildings. But architects and building control officers need not, he says, wait for new a legislation to apply new practical procedures to meet the requirements of the current Part M regulation; they can, as he advises, act positively now.This is a book which will oblige architects to rethink the methodology of designing for the disabled. It is a book that no practising architect, building control officer, local planning officer or access officer can afford to be without.

Evidence of Persistent and Pervasive Workplace Discrimination Against LGBT People: The Need for Federal Legislation Prohibiting Discrimination and Providing for Equal Employment Benefits

Abstract: Lesbian, gay, bisexual, and transgender (LGBT) people have experienced a long and pervasive history of employment discrimination. Today, more than eight million people in the American workforce identify as LGBT, but there still is no federal law that explicitly prohibits sexual orientation and gender identity discrimination against them.This Article begins by surveying the social science research and other evidence illustrating the nature and scope of the discrimination against LGBT workers and the harmful effects of this discrimination on both employees and employers. It then analyzes the existing legal protections against this discrimination, which include constitutional protections for public sector workers, court interpretations of Title VII’s ban on sex discrimination, state and local antidiscrimination laws, and corporate policies. This Article determines that, while these laws and policies provide important protection, the current system is incomplete, confusing, and inadequate. This Article next considers empirical research showing that employers do not offer employees with a same-sex spouse or partner the same access to family benefits that they offer to employees with a different-sex spouse, and it examines court decisions finding that a denial of equal benefits is unlawful employment discrimination.Based on this research and legal analysis, the Article concludes that a federal law like the Employment Non-Discrimination Act (ENDA), a bill pending in Congress that would prohibit sexual orientation and gender identity employment discrimination, is needed. To serve its purpose consistently, however, the bill’s current exemption of employee benefits should be removed. To be sure, ending all forms of unequal treatment based on sexual orientation or gender identity is warranted and feasible, and doing so will have positive effects for both employees and employers.

Legislation on direct-to-consumer genetic testing in seven European countries

Abstract: An increasing number of private companies are now offering direct-to-consumer (DTC) genetic testing services. Although a lot of attention has been devoted to the regulatory framework of DTC genetic testing services in the USA, only limited information about the regulatory framework in Europe is available. We will report on the situation with regard to the national legislation on DTC genetic testing in seven European countries (Belgium, the Netherlands, Switzerland, Portugal, France, Germany, the United Kingdom). The paper will address whether these countries have legislation that specifically address the issue of DTC genetic testing or have relevant laws that is pertinent to the regulatory control of these services in their countries. The findings show that France, Germany, Portugal and Switzerland have specific legislation that defines that genetic tests can only be carried out by a medical doctor after the provision of sufficient information concerning the nature, meaning and consequences of the genetic test and after the consent of the person concerned. In the Netherlands, some DTC genetic tests could fall under legislation that provides the Minister the right to refuse to provide a license to operate if a test is scientifically unsound, not in accordance with the professional medical practice standards or if the expected benefit is not in balance with the (potential) health risks. Belgium and the United Kingdom allow the provision of DTC genetic tests.

Fidelity of implementation framework: A critical need for response to intervention models

Abstract: Response to Intervention (RtI) has gained increased attention with the reauthorization of the Individuals with Disabilities Education Improvement Act. Since RtI was introduced at the policy level as a mechanism for use in the learning disability identification process, much of the implementation work has focused on this application. School-based implementation of RtI has occurred quickly in response to federal legislation, with little focus on fidelity. Regular and consistent monitoring of implementation fidelity can provide the data required to improve implementation and student performance. This discussion will include a brief review of the literature regarding implementation fidelity and then provide a framework for designing a fidelity system for RtI models. Further systematic research in this area is needed to support the RtI implementation that is currently under way in schools across the country. © 2012 Wiley Periodicals, Inc.

The Bayh-Dole Act: Selected Issues in Patent Policy and the Commercialization of Technology

Abstract: Congressional interest in facilitating U.S. technological innovation led to the passage of P.L. 96-517, Amendments to the Patent and Trademark Act, commonly referred to as the "Bayh-Dole Act" after its two main sponsors former Senators Robert Dole and Birch Bayh. Under this 1980 law, as amended, title to inventions made with government support is provided to the contractor if that contractor is a small business, a university, or other non-profit institution. This report discusses the rationale behind the passage of P.L. 96-517, its provisions, and implementation of the law.

Open Government Data and the Right to Information: Opportunities and Obstacles

Abstract: This article discusses the relationship between the open government data (OGD) movement and the right to information (RTI) movement. While both movements are closely related, there are some differences that may have a considerable impact on the right of the citizen to access government information. The article argues that the calls for OGD may on the one hand risk limiting the access to government information, while on the other hand they may also provide an alternative source of access to information for existing freedom of information legislation, which is being threatened in some countries.

Dramatic need for cooperation and advocacy within the academy and beyond.

Abstract: There is no question of the need for advocacy within pharmacy and the health professions. Collective voices need to be heard, and those for whom pharmacists provide care and services need others to advocate for them simply because they have no voice in many discussions. Currently in pharmacy and the wider health professions, there are many points of contention and debate. This is not a new phenomenon; it has existed for decades. In 2010, the American Pharmacists Association and the American Society of Health-System Pharmacists (1) collaborated on a discussion paper that suggests that the rapid expansion of pharmacy schools' satellite campuses and the increasing class sizes enrolled in pharmacy colleges and schools needs to be thoughtfully reconsidered. Voices within the academy have also called for careful consideration of expansion plans for programs. These arguments are juxtaposed with suggestions that there are too many health care institutions or affiliated clinics in North America, some of which are an easy stroll across the street from one another. Some believe there are too many pharmacy organizations as well, all of which were under one umbrella before being split up decades ago. The point of this editorial is not to take sides in the debate over supply of health professionals and services or to criticize any entity, but rather to lament the lack of cohesion among all affinity groups in advocating for one special interest above all else: the graduates of pharmacy education programs. Regardless of vested interests, all pharmacy educators should hold the practice options available to graduates and future graduates in the highest importance of all that we represent, advocate for, or suggest allegiance to. Other Professions Filling the Expanding Need for Physician Extender Services Nurse practitioners (NP) and physician assistants (PA) have worked hard to take advantage of the tenets behind much of the Patient Protection and Affordable Care Act passed in 2010. Despite political posturing, many provisions of this health reform legislation have been implemented and experts believe that many of the preventive health services components put in play by this legislation will not be reversed in the future regardless of the fate of the overall Act. In mid-December 2011, the components dealing with payment and service provision for preventive obesity counseling and services imbedded in the legislation began to be operationalized for enrollees of Medicare. Physician extenders will provide many of these and other types of future needed services. Our previous research (2,3) found that consumers are willing to use physician extenders (eg, NPs) when seeking care for acute conditions requiring medical care services. Many if not all of these retail clinic-based physician extenders are located within pharmacies. There are numerous opportunities for professional collaboration between pharmacists and other physician extenders (NPs and PAs). The health professions striving to avail the opportunities presented by disruptive innovations such as retail clinic and the increasing demand for primary health care services do not need to do so at the expense of each other. There are tremendous opportunities for outreach and collaborative efforts, many in place already, that need expansion for the benefit of all--most importantly the patients served. These professions (NPs, PAs) have achieved tremendous success by working within and across their specific professional associations, practitioner groups, and health professional schools, and with colleagues to advocate for the benefits of PA- and NP-provided health care services. This has not been achieved without tremendous organizational and collaborative synergy uniting segments within these professions that may not always agree with all aspects of what disparate affinity groups might advocate for. These processes have been documented extensively in the literature, and most certainly provide blueprints for the pharmacy profession's future advocacy and cooperation with physician extender groups and physicians. …

Continuity and Change in Social-ecological Systems: the Role of Institutional Resilience

Abstract: In recent years recurring political, economic, and environmental crises require questioning and re-evaluating dominant pathways of human development However, political and economic frameworks seem to encompass deeply rooted resistance to fundamental changes (eg, global financial crisis, climate change negotiations) In an effort to repair the system as fast as possible, those paradigms, mechanisms, and structures that led into the crisis are perpetuated Instead of preserving conventional patterns and focusing on continuity, crises could be used as an opportunity for learning, adapting, and entering onto more sustainable pathways However, there are different ways not only of arguing for sustainable pathways of development but also of conceptualizing continuity and change By focusing on institutions, we illustrate the tension between the concepts of continuity and change, how they interact, and how they build or degrade institutional resilience The analysis draws on empirical research in South Africa and Uzbekistan, which were locked in persistent regimes over decades Faced with the challenge to transform, Uzbekistan chose a pathway of institutional continuity, while South Africa opted for comprehensive reforms and a high level of change Based on these case studies, we illustrate the advantages and disadvantages of institutional continuity and change Elements of institutional continuity during times of transformation include preserving key institutions, which define how the rules are made; maintaining social memory; providing transparency of reform processes and allowing them time to take effect Elements of institutional change required during phases of consolidation include flexible legislation; regular reviews; and adaptation of legislation during and after implementation

Policy without politicians : bureaucratic influence in comparative perspective

Abstract: Have bureaucrats taken over the decision making role of politicians? This book offers a direct assessment of the role of bureaucrats in policy making by analysing how they shape policy in making decrees - laws that generally do not pass through full legislative scrutiny These are often described as "secondary legislation" and are known by a variety of names (including decrets, arretes, administrative regulations, Verordnungen, statutory instruments) Such decrees offer an important vantage point for understanding bureaucratic power not only because they account for a large proportion of policy making activity within the executive, but also because they are made largely away from the glare of publicity If bureaucrats have strong policy making powers and use them in a way that minimises political involvement in policy making, we would expect to find these powers especially evident in this "everyday" decision making The book is based on research examining 52 decrees produced between 2005 and 2008 in six jurisdictions: France, the UK, Germany, Sweden, the United States and the European Union The comparative perspective allows one to see how far different patterns of bureaucratic involvement in policy making are characteristic of particular political systems and how far they are a general feature of modern bureaucracies The book asks three main questions about how these decrees are produced: when do politicians become involved in making them? What happens when politicians become involved? And what happens when they are not involved? The answers to these questions are provided by examination of primary source material as well as interviews with over 90 officials

As Roughly 700,000 Prisoners Are Released Annually, About Half Will Gain Health Coverage And Care Under Federal Laws

Abstract: During 2009, 730,000 prisoners were released from federal and state prisons—a 21 percent increase from the number of prisoners released in 2000. Poor health and poor health coverage have been major challenges for former prisoners trying to reintegrate into the community and find work. We discuss these challenges and the likely effect of recent federal legislation, including the Second Chance Act, the Mental Health Parity and Addiction Equity Act, and the Affordable Care Act. We estimated that with the implementation of health reform, up to 33.6 percent of inmates released annually—more than 245,000 people in 2009—could enroll in Medicaid. Similarly, we estimated that up to 23.5 percent of prisoners released annually—more than 172,000 people in 2009—could be eligible for federal tax credits to defray the cost of purchasing insurance from state health exchanges. This health insurance, combined with new substance abuse services and patient-centered medical home models, could dramatically improve the health a...

Executive Compensation: Where We are, and How We Got There

Abstract: In this study, I summarize the current state of executive compensation, discuss measurement and incentive issues, document recent trends in executive pay in both U.S. and international firms, and analyze the evolution of executive pay over the past century. Most recent analyses of executive compensation have focused on efficient-contracting or managerial-power rationales for pay, while ignoring or downplaying the causes and consequences of disclosure requirements, tax policies, accounting rules, legislation, and the general political climate. A major theme of this study is that government intervention has been both a response to and a major driver of time trends in executive compensation over the past century, and that any explanation for pay that ignores political factors is critically incomplete.