Showing papers on "Legislation published in 2013"

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.

Legislating a Woman's Seat on the Board: Institutional Factors Driving Gender Quotas for Boards of Directors

Abstract: Ten countries have established quotas for female representation on publicly traded corporate and/or state-owned enterprise boards of directors, ranging from 33-50%, with various sanctions. Fifteen other countries have introduced non-binding gender quotas in their corporate governance codes enforcing a "comply or explain" principle. Countless other countries’ leaders and policy groups are in the process of debating, developing, and approving legislation around gender quotas in boards. Taken together, gender quota legislation significantly impacts the composition of boards of directors and thus the strategic direction of these publicly traded and state-owned enterprises. This article outlines an integrated model of three institutional factors that explain the establishment of board of directors gender quota legislation based on the premise that the country’s institutional environment co-evolves with gender corporate policies. We argue that these three key institutional factors are female labor market and gendered welfare state provisions, left-leaning political government coalitions, and path dependent policy initiatives for gender equality, both in the public realm as well as in the corporate domain. We discuss implications of our conceptual model and empirical findings for theory, practice, policy, and future research. These include the adoption and penalty design of board diversity practices into corporate practices, bottom-up approaches from firm to country-level gender board initiatives, hard versus soft regulation, the leading role of Norway and its isomorphic effects, the likelihood of engaging in decoupling, the role of business leaders, and the transnational and international reaction to board diversity initiatives.

When Are Women More Effective Lawmakers Than Men

Abstract: Previous scholarship has demonstrated that female lawmakers differ from their male counterparts by engaging more fully in consensus-building activities. We argue that this behavioral difference does not serve women equally well in all institutional settings. Contentious and partisan activities of male lawmakers may help them outperform women when in a polarized majority party. However, in the minority party, while men may choose to obstruct and delay, women continue to strive to build coalitions and bring about new policies. We find strong evidence that minority party women in the U.S. House of Representatives are better able to keep their sponsored bills alive through later stages of the legislative process than are minority party men, across the 93 rd 110 th Congresses (1973-2008). The opposite is true for majority party women, however, who counterbalance this lack of later success by introducing more legislation. Moreover, while the legislative style of minority party women has served them well consistently across the past four decades, majority party women have become less effective as Congress has become more polarized.

How do we make inclusive education happen when exclusion is a political predisposition

Abstract: Convening a conference under the banner: Making Inclusion Happen, reminds us that the struggle for disabled people's rights to the minimum expectations of citizenship; access to education, work, housing, health care, civic connection remains urgent. Notwithstanding the hard fought for United Nations, human rights charters and national legislation around the world, declaring legal commitment to rid ourselves of discrimination on the grounds of disability, these landmark civil rights achievements will not in and of themselves rid us of exclusion. We can test this proposition simply by considering the caveats, conditions and exemptions in legislation such as Disability Discrimination Acts and international charters such as the recent United Nations Convention on the Rights of Disabled Persons and its Optional Protocol.

The UK Corporate Governance Code

Abstract: Discusses proposals contained in a consultation paper published by the Financial Reporting Council on October 2, 2013 on whether it was necessary to amend the Corporate Governance Code following the enactment of legislation on executive remuneration. Includes clawback provisions, the composition of the remuneration committee, and what a company should do if its remuneration policy does not have the support of a "substantial majority" of the shareholders.

Understanding the social factors that contribute to diabetes: a means to informing health care and social policies for the chronically ill.

Abstract: Social determinants of health are the conditions in which individuals are born, grow, live, work, and age Increasingly, they are being recognized for their relationship to the soaring incidence of Type 2 diabetes in the US, as well as the opportunities they present for us to counter it Many current Type 2 diabetes interventions focus on biologic and behavioral factors, such as symptoms, diet, and physical activity However, it is equally important to address the influence of physical and social environments, which may include low income, employment insecurity, low educational attainment, and poor living conditions, on health outcomes Section 4302 of the Patient Protection and Affordable Care Act of 2010 offers an opportunity to improve data collection and policy development to more effectively identify populations at high risk for developing Type 2 diabetes and to proactively refer them to appropriate social support services that may ultimately support reduction of health disparities Expanding the scope of this legislation to include data that incorporate social determinants would improve the ability of clinicians and health systems to engage and to treat patients with chronic conditions, such as Type 2 diabetes, while expanding policymakers' ability to conform to the legislation's intent of shaping efforts to reduce chronic conditions nationwide

Jim Crow 2.0? Why States Consider and Adopt Restrictive Voter Access Policies

Abstract: Recent years have seen a dramatic increase in state legislation likely to reduce access for some voters, including photo identification and proof of citizenship requirements, registration restrictions, absentee ballot voting restrictions, and reductions in early voting. Political operatives often ascribe malicious motives when their opponents either endorse or oppose such legislation. In an effort to bring empirical clarity and epistemological standards to what has been a deeply-charged, partisan, and frequently anecdotal debate, we use multiple specialized regression approaches to examine factors associated with both the proposal and adoption of restrictive voter access legislation from 2006–2011. Our results indicate that proposal and passage are highly partisan, strategic, and racialized affairs. These findings are consistent with a scenario in which the targeted demobilization of minority voters and African Americans is a central driver of recent legislative developments. We discuss the implications of these results for current partisan and legal debates regarding voter restrictions and our understanding of the conditions incentivizing modern suppression efforts. Further, we situate these policies within developments in social welfare and criminal justice policy that collectively reduce electoral access among the socially marginalized.

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

Abstract: This article investigates a widespread yet understudied trend in EU politics: the shift of legislative decision making from public inclusive to informal se- cluded arenas and the subsequent adoption of legislation as “early agree- ments.” Since its introduction in 1999, “fast-track legislation” has increased dramatically, accounting for 72% of codecision files in the Sixth European Parliament. Drawing from functionalist institutionalism, distributive bargain- ing theory, and sociological institutionalism, this article explains under what conditions informal decision making is likely to occur. The authors test their hypotheses on an original data set of all 797 codecision files negotiated between mid-1999 and mid-2009. Their analysis suggests that fast-track leg- islation is systematically related to the number of participants, legislative workload, and complexity. These findings back a functionalist argument, emphasizing the transaction costs of intraorganizational coordination and in- formation gathering. However, redistributive and salient acts are regularly decided informally, and the Council presidency’s priorities have no significant effect on fast-track legislation. Hence, the authors cannot confirm explana- tions based on issue properties or actors’ privileged institutional positions. Finally, they find a strong effect for the time fast-track legislation has been used, suggesting socialization into interorganizational norms of cooperation.

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 US 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

Resource allocation strategies in Southeastern European health policy.

Abstract: The past 23 years of post-socialist restructuring of health system funding and management patterns has brought many changes to small Balkan markets, putting them under increasing pressure to keep pace with advancing globalization. Socioeconomic inequalities in healthcare access are still growing across the region. This uneven development is marked by the substantial difficulties encountered by local governments in delivering medical services to broad sectors of the population. This paper presents the results of a systematic review of the following evidence: published reports on health system reforms in the region commissioned by WHO, IMF, World Bank, OECD, European Commission; all available published evidence on health economics, funding, reimbursement in world/local languages since 1989 indexed at Medline, Excerpta Medica and Google Scholar; in depth analysis of official website data on medical care financing related legislation among key public institutions such as national Ministries of health, Health Insurance Funds, Professional Associations were applicable, in local languages; correspondence with key opinion leaders in the field in their respective communities. Contributors were asked to answer a particular set of questions related to the issue, thus enlightening fresh legislative developments and hidden patterns of policy maker’s behavior. Cost awareness is slowly expanding in regional management, academic and industrial establishment. The study provides an exact and comprehensive description of its current extent and legislative framework. Western Balkans policy makers would profit substantially from health-economics-based decision-making to cope with increasing difficulties in funding and delivering medical care in emerging markets with a rapidly growing demand for health services.

Innovation and Incarceration: An Economic Analysis of Criminal Intellectual Property Law

Abstract: The scope and enforcement of intellectual property (IP) laws are becoming salient, for the first time, to a wide cohort of US and international communities National and international legislation, including the Stop Online Piracy Act (SOPA), the PROTECT IP Act (PIPA), and the Anti-Counterfeiting Trade Agreement (ACTA), have generated protests online and in the streets by people who are concerned about the expansion of IP rights Common to each of these proposals was an expansion in the use of criminal sanctions to deter IP violations Many copyright owners and the associations that represent them support criminal enforcement of IP, including the use of imprisonment, to combat the threat of increased IP piracy on the internet and throughout a globalized economy Others, including a heterogeneous coalition of scholars, activists, and internet based companies like Google and Wikipedia, fear that using criminal sanctions to protect IP will expand already overgrown rights and chill valuable expressive and inventive behavior

Marketisation in Nordic eldercare : a research report on legislation, oversight, extent and consequences

Abstract: Marketisation in Nordic eldercare: : a research report on legislation, oversight, extent and consequen

Supported Decision-Making: A Rights-Based Disability Concept and its Implications for Mental Health Law

Abstract: This article seeks to clarify the concept of supported decision-making and to consider its major implications for mental health law. It draws on the United Nations Convention on the Rights of Persons with Disability as well as the broader literature on supported decision-making in order to distinguish some of its conceptual features and to provide an overview of relevant debate. Emerging examples of supported decision-making in legislation, policy and programming are drawn upon to demonstrate the variety of measures that might constitute practical supported decision-making in the mental health context.

Is Same-Sex Marriage Legislation Related to Attitudes Toward Homosexuality?

Abstract: Since 2001, various Western countries have accorded legal recognition to same-sex marriages, but thus far, we lack information on how this legislation is related to trends in public opinion. In most of the literature, declining levels of prejudice toward homosexuality are found to result from structural social processes (rising education, secularization, and detraditionalization), which should occur in all industrialized societies, with or without same-sex marriage. In this article, we analyze data of the five waves of the European Social Survey for the period 2002–2010. Results show that levels of prejudice are significantly lower in countries that recognize same-sex marriage, while levels are only slightly lower in countries with some form of registered partnership for gay and lesbian couples. Therefore, we can assume that same-sex marriage is indeed an issue affecting public opinion and public policy.

The Brazilian school feeding programme: an example of an integrated programme in support of food and nutrition security

Abstract: ObjectiveThe present paper analyses the advances and challenges of the school feeding programme in Brazil (PNAE), as part of the Brazilian experience building up an integrated food and nutrition security national system. It explores the role of policy and regulatory frameworks in constructing quality service delivery and intersectoral integration.DesignReview of PNAE and federal government technical documents and studies, legislation, minutes of meetings and official documents of the National Council of Food and Nutrition Security from 2003 to 2011.SettingFood insecurity has decreased significantly in Brazil in the last decade, indicating that appropriate choices were made in terms of public policies and institutional arrangements, which other countries can learn from.SubjectsBrazil food and nutrition security system; school feeding; school food.ResultsBrazil's integrated food and nutrition security policy approach promoted intersectorality in the food system, articulating actions to guarantee access to healthy food and to strengthen family farming. The quality of school meals has progressively improved; in particular, the availability of fruits and vegetables increased. However, national standards regarding menu composition have not yet been met. Regulations were an important factor, along with the policy approach linking food production, nutrition, health and education. Challenges are related to conflict of interests and to farmers’ insufficient capacity to meet supply requirements and comply with technical procedures.ConclusionsLocal food production, school meals and nutrition education can be linked through integrated programmes and policies, improving access to healthier foods. Government leadership, strong legislation, civil society participation and intersectoral decision making are determinant.

Informal governance in international organizations: Introduction to the special issue

Abstract: International organizations have proliferated in recent decades. Virtually every issueof broad international concern is the subject of an international agreement that isadministered by an international organization. Broad powers are delegated to some ofthese international agents, many of which exercise significant discretion and author-ity. International courts with broad jurisdiction and hundreds of more specializedjudicial organs have been established to interpret a rapidly expanding body ofinternational law. The organizational capacity of international governance has in-creased, while the capacity of domestic governance has declined in a range of failedstates and contested territories. Meanwhile, the depth of policy coordinationdemanded by international agreements has led to an unprecedented level of interna-tional policy activism by some of the leading international organizations, includingthe IMF, the WTO, and the EU. Given the importance of what international organi-zations do, it is increasingly important to understand how international organizationsactually work.Most of our theoretical models of international organizations are based on theirformal attributes rather than on their behavior. Formal rules are important, of course,and generally set the parameters within which informal interactions take place, butshared expectations and extra-legal practices often modify or overrule written pro-visions. As a result, models based on legal provisions can be misleading. Forexample, there are numerous international organizations in which votes are nevertaken, or are almost always unanimous; nevertheless, analyses of their governanceoften focus on the equilibria of majority voting games. Since the game being playeddoes not involve building minimum winning coalitions, however, voting modelsbased on majority voting can shed little light on the degree of influence that powerfulcountries exert over decision making, or on the practical limits of that influence.Similarly, procedural models of EU legislation assume that the game being playedfollows the legal procedures prescribed in the EU treaties; but this is often not the

Министерство внутренних дел Украины как субъект реализации государственной антикоррупционной политики

Abstract: Ministry of Internal Affairs of Ukraine is an active participant in the processes of the state anti-corruption policy, which, within its competence, draft anti-corruption legal acts, proposes such acts developed by other entities of the state anti-corruption policy, provides support during their consideration and adoption in parliament, the Secretariat of the President of Ukraine, Government etc. ensures the formation of sectoral anti-corruption policy by defining its content, activities and methods of implementation, involve the public in these processes. MIA is one of the main actors implementing the state anti-corruption policy. It includes established appropriate structures that are assigned responsibilities for the prevention, detection, suppression of corruption offenses; implement legal liability on persons guilty of committing. They interact with other law enforcement agencies, state and local governments that oppose or are involved in combating corruption at all levels, to prevent corrupt acts in the middle of the MIA; participating in legal education and the education of the population; perform other tasks prescribed anti-corruption legislation. Important role in the implementation of anti-corruption activities play a Minister of the Interior, the Ministry Collegium, Board (Main Board) Ministry of Internal Affairs of Ukraine in the areas of Anti-Corruption Bureau for Main Board Combating Organized Crime, state service undertaken against economic crime units, internal security personnel departments and heads of departments and the police. Activities to create and implement Internal Affairs of Ukraine the state anti-corruption policy promote higher education system and the Research Institute of Ministry of Interior, as well as some civil society.

Legislating Change? Responses to Criminalizing Female Genital Cutting in Senegal.

Abstract: Although the international community has recently promoted legislation as an important reform strategy for ending female genital cutting (FGC), there exist divergent views on its potential effects. Supporters argue that legal prohibition of FGC has a general deterrent effect, while others argue legislation can be perceived as coercive, and derail local efforts to end the practice. This study examines the range of responses observed in rural Senegal, where a 1999 anti-FGC law was imposed on communities in which the practice was being actively contested and targeted for elimination. Drawing on data from a mixed-methods study, we analyze responses in relation to two leading theories on social regulation, the law and economics and law and society paradigms, which make divergent predictions on the interplay between social norms and legal norms. Among supporters of FGC, legal norms ran counter to social norms, and did little to deter the practice, and in some instances incited reactance or drove the practice underground. Conversely, where FGC was being contested, legislation served to strengthen the stance of those contemplating or favoring abandonment. We conclude that legislation can complement other reform strategies by creating an “enabling environment” that supports those who have or wish to abandon FGC.

Dysfunction in the Boardroom

Abstract: While several countries have passed legislation requiring boards to meet certain thresholds for female membership and others are considering such mandates, quotas remain a contentious and controversial subject. A central question is whether they have an overall positive or negative effect on board and company performance and under what conditions. The fact is, we do not yet truly know the effects of quotas. What we do know is that many myths and misconceptions infuse the debate, and more in-depth research is critically needed.

Science, Technology, Engineering, and Mathematics (Stem) Education Issues and Legislative Options

Abstract: : There is growing concern that the United States is not preparing a sufficient number of students, teachers, and practitioners in the areas of science, technology, engineering, and mathematics (STEM). A large majority of secondary school students fail to reach proficiency in math and science, and many are taught by teachers lacking adequate subject-matter knowledge. When compared to other nations, the math and science achievement of U.S. pupils and the rate of STEM degree attainment appear inconsistent with a nation considered the world leader in scientific innovation. In a recent international assessment of 15-year-old students, the United States ranked 28th in math literacy and 24th in science literacy. Moreover, the United States ranks 20th among all nations in the proportion of 24-year-olds who earn degrees in natural science or engineering. A recent study by the Government Accountability Office found that 207 distinct federal STEM education programs were appropriated nearly $3 billion in FY2004. Nearly three-quarters of those funds and nearly half of the STEM programs were in two agencies -- the National Institutes of Health and the National Science Foundation. Still, the study concluded that these programs are highly decentralized and require better coordination. Several pieces of legislation have been introduced in the 109th Congress that address U.S. economic competitiveness in general and support STEM education in particular. These proposals are designed to improve output from the STEM educational pipeline at all levels and are drawn from recommendations by the scientific and business communities. This report provides a useful context for these legislative proposals. To achieve this, the report presents data on the state of STEM education, examines the federal role in promoting STEM education, and discusses selected legislative options currently being considered to improve STEM education. The report will be updated as significant legislative actions occur.

The Legal Framework of Vietnam’s Water Sector: Update 2013

Abstract: In order to deal with problems related to both water quality and quantity as well as to strengthen the sustainable and integrative management of the nation’s water resources, the Vietnamese Government has adopted a wide spectrum of laws and regulations. In recent years, more than 300 water related regulations 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 increasing international integration. In spite of this, the current legal framework for water resources management in Vietnam remains ineffective and does not correspond with the reality on the ground. Furthermore, law enforcement is deficient and often national regulations are ignored by local authorities, who priorities rapid growth of their communities over sustainability. Under these circumstances, the legal framework cannot properly guide sustainable use of water resources in order to achieve a degree of environmentally sustainable and, in particular, to protect the livelihoods of marginalized groups in society, such as landless fishermen, small-holders or poor people in periurban areas. Despite the gaps in this legal framework, water-related policies and programs in Vietnam consistently refer back to it while, at the same time, policy advisors typically call for reform. Understanding the legal framework is therefore important for both researchers and practitioners. In this view, a previous study was carried out by the author, entitled ‘Legal Framework of the Water Sector in Vietnam’ (Nguyen 2010), which aimed at presenting the key dimensions and the structure of that framework. Both the Vietnamese and the English version of the book were widely disseminated. This update became necessary because the government of Vietnam recently issued a new law on water resources as well as supplementary legislation. So far, no official English version of any of these new documents exists. Therefore, a detailed presentation of the contents of the laws is particularly timely. In addition to presenting the laws, this paper aims at shedding light on some of the critical aspects of the current legislation and illustrates how the law making process proceeded.

The right to language.

Abstract: We argue for the existence of a state constitutional legal right to language. Our purpose here is to develop a legal framework for protecting the civil rights of the deaf child, with the ultimate goal of calling for legislation that requires all levels of government to fund programs for deaf children and their families to learn a fully accessible language: a sign language.

Extraterritoriality and Territorial Extension in EU Law

Abstract: This paper examines the global reach of EU law in the context of current debates about the rise of the EU as a global regulatory power. Challenging recent claims to the contrary, its findings are that the enactment of extraterritorial legislation by the EU is extremely rare. Nevertheless, the EU makes frequent recourse to a legislative technique that I term territorial extension, in order to gain regulatory traction over activities that take place abroad. This technique not only leads to the EU governing transactions that are not centered upon the territory of the EU, but it also enables the EU to influence the nature and content third country and international law. Nevertheless, it is inaccurate to say that the EU thereby seeks to export its own norms. EU legislation which engages in territorial extension is generally characterized by an international orientation revealing the EU to be engaged in action-forcing contingent unilateralism rather than the exportation of norms. The EU seeks to galvanise third country or global action to tackle transboundary problems and to pursue objectives that have been internationally agreed. The importance to the EU of this international orientation is clear from the criticisms that the EU has made of extraterritoriality and territorial extension in United States law.

Overview of the Federal Home Visiting Program

Abstract: On March 23, 2010, the President signed into law the Affordable Care Act (Public Law 111-148), which included an amendment of Title V of the Social Security Act authorizing the creation of the Maternal, Infant, and Early Childhood Home Visiting (MIECHV) program. Authorized and funded at $1.5 billion for 5 years, the MIECHV represents a large investment in health and development outcomes for at-risk children through evidence-based home visiting programs. The MIECHV presents unprecedented opportunities to integrate early childhood services systems, not only on the federal level but also within states and local communities. The MIECHV is funded in escalating amounts over 5-year period authorized, as follows: $100 million in fiscal year (FY) 2010, $250 million in FY 2011, $350 million in FY 2012, $400 million in FY 2013, and $400 million in FY 2014. Most of the funding is being provided to states and territories to provide home visiting services in their at-risk communities. In addition, the legislation included a 3% set-aside for tribes, tribal organizations, and urban Indian organizations and a 3% set-aside for research and evaluation. This investment has spurred the creation of more comprehensive and coordinated early childhood service systems across the United States. This article provides an overview of the MIECHV program, including descriptions of the various requirements under the Affordable Care Act. These include partnering with states to provide evidence-based home visiting services to at-risk families, working with tribal communities to implement culturally competent home visiting programs, and developing a mechanism to systematically review the evidence of effectiveness for home visiting program models and to conduct a national evaluation of the MIECHV program.

The Effect of EU-Legislation on Rental Systems in Sweden and the Netherlands

Abstract: Both Sweden and the Netherlands had housing systems that include broad models of municipal housing (Sweden) or social housing (Netherlands). These broad models, however, came under discussion due to the competition policy of the European Commission. Financial government support – state aid – for public or social housing is considered to create false competition with commercial landlords. The countries chose different ways out of this problem. The Netherlands choose to direct state aid to a specified target group and had to introduce income limits for dwellings owned by housing associations. Sweden instead chose to change the law regulating municipal housing companies and demands that these companies should act in a ‘businesslike way’ and with that aims to create a level playing field. This paper will describe why the two countries chose different options, the development during the first years, and also speculate about the consequences on the longer run and the future role of the public/social housing sec...