Showing papers on "Legislation published in 2015"

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 to 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.

A review of the global pesticide legislation and the scale of challenge in reaching the global harmonization of food safety standards

Abstract: Pesticide use is important in agriculture to protect crops and improve productivity. However, pesticides have the potential to cause adverse human health or environmental effects, depending on exposure levels. This review examines existing pesticide legislation worldwide, focusing on the level of harmonization and impacts of differing legislation on food safety and trade. Pesticide legislation varies greatly worldwide, because countries have different requirements, guidelines, and legal limits for plant protection. Developed nations have more stringent regulations than developing countries, which lack the resources and expertise to adequately implement and enforce legislation. Global differences in pesticide legislation act as a technical barrier to trade. International parties such as the European Union (EU), Codex Alimentarius Commission (Codex), and North American Free Trade Agreement (NAFTA) have attempted to harmonize pesticide legislation by providing maximum residue limits (MRLs), but globally these limits remain variable. Globally harmonized pesticide standards would serve to increase productivity, profits, and trade and also enhance the ability to protect public health and the environment.

Remarks by the President in State of the Union Address: January 20, 2015

Abstract: Borders and immigration; Environmental issues and disasters/Climate change; Infrastructure protection; Intelligence; Law and justice; Law and justice/Legislation; Management and economics; Military; Politics and government; Public health; Technology; Terrorism and threats

Childhood and the policy makers : A comparative perspective on the globalization of childhood

Abstract: This chapter explores the historical origins of the ideal of childhood, to trace its global export and examines its impact, especially on the children of the poor. The prime aim of the treaty was to protect and nurture childhood rather than to encourage equality for children with adults, in that while it purported to work in the best interests of the child, these interests were identified entirely by adults. Also, child welfare was identified with that of the family and no allowance was made for the possibility of conflict within the family. The discontinuity between the protective ideologies of child welfare embodied in both international rights legislation and national policy and the socio-economic and cultural realities of countless children in the South is marked. In this respect, the move to set global standards for childhood and common policies for child welfare may be far from the enlightened step anticipated by its proponents.

EU adopts innovative legislation on invasive species: a step towards a global response to biological invasions?

Abstract: Europe has adopted innovative legislation on invasive species that could signal a step-change in the global response to biological invasion threats. The discussion that took place within EU institutions—EU Parliament, European Commission, and the Member States—permitted significant improvement on the initial proposal presented by the European Commission, including removing the initial 50 species cap, explicitly allowing national authorities to take stringent measures on invasive species of national concern, and encouraging coordinated approaches to invasive species in boundary areas. An independent “Scientific Forum” to inform implementation has been introduced, and the EU Regulation will permit only limited licensing for specific activities using invasive alien species. However, the real strength of the legislation will largely depend on the decisions of a committee of representatives of the Member States, with the risk that the real enforcement will be limited by political and economic, rather than scientific, considerations. In this regard it will be crucial to set up a framework of roles and responsibilities among the different bodies that ensure transparent and objective decision processes. Also, it will be essential that adequate resources be secured for implementing the provisions of the legislation. Finally, the regulatory approach introduced by the Regulation will have only a limited impact unless European citizens raise their awareness of this threat and adopt more responsible behaviours.

Native Life in South Africa, Before and Since the European War and the Boer Rebellion

Abstract: First published in 1916 and one of South Africa's great political books, Native Life in South Africa was first and foremost a response to the Native's Land Act of 1913, and was written by one of the most gifted and influential writers and journalists of his generation Sol T Plaatje provides an account of the origins of this crucially important piece of legislation and a devastating description of its immediate effects

The political economy of passing climate change legislation: Evidence from a survey

Abstract: Climate change is now a major aspect of public policy. There are almost 500 identified climate change laws in the world’s leading economies. This paper reviews the main domestic factors that drive this legislation. The analysis is based on a unique dataset of climate legislation in 66 national jurisdictions for the period 1990–2013. We find that the passage of new climate laws is influenced by several factors. One important factor is the quantity and quality of previous legislation: the propensity to pass more laws decreases non-linearly with the stock of existing legislation, but increases in the presence of a strategic “flagship law” that sets an overall framework for climate policy. Contrary to widespread belief, political orientation is not a decisive factor. We find no significant difference in the number of laws passed by left-wing and right-wing governments, except perhaps in Anglo-Saxon countries. However, left-leaning governments are more inclined to pass laws in difficult economic times. Despite these elements of bipartisanship, political economy factors still matter: In democracies climate laws are less likely to be passed immediately before an election and legislation is aided by a strong executive that can take on vested interests.

Benefit Corporation Legislation and the Emergence of a Social Hybrid Category

Abstract: Previous research highlights the tensions that social hybrids face by spanning categories. This paper explores the emergence of legislation to support a new category for social hybrids, focusing on Benefit Corporation legislation in the United States. We present quantitative analysis of the state-level factors that make a state suitable for a social hybrid category (attractiveness for for-profit business and non-profits, existing social hybrid organizations, legislative intensity, political leanings) followed by qualitative analysis of the arguments marshaled for the creation of the Benefit Corporation legal form. Our findings raise important insights for research on social hybrids and suggest a range of practical implications.

Contested norms in new-adopter states : international determinants of LGBT rights legislation.

Abstract: This article is concerned with the question of why lesbian, gay, bisexual, and trans (LGBT) rights legislation is introduced at higher levels in some cases and less so in others. To address this pu...

Analyzing the effect of state legislation on health care utilization for children with concussion.

Abstract: IMPORTANCE: In 2009, Washington State enacted legislation outlining the medical care of children and adolescents with concussion (ie, the Lystedt Law), with all other states and Washington, DC passing legislation by January 2014 OBJECTIVE: To evaluate the effect of concussion laws on health care utilization rates from January 1, 2006, through June 30, 2012, in states with and without legislation DESIGN, SETTING, AND PARTICIPANTS: For commercially insured children aged 12 to 18 years from all 50 states and DC from January 1, 2006, through June 30, 2009, we examined the following: (1) prelegislation trends in concussion-related health care utilization from January 1, 2006, through June 30, 2009, (2) postlegislation trends in states without concussion legislation, and (3) the effect of state concussion laws on trends in states with concussion legislation in effect by means of negative binomial multivariable estimation with state and time fixed effects EXPOSURES: Concussion diagnosis MAIN OUTCOMES AND MEASURES: Emergency department and related health care utilization rates for concussion RESULTS: Between academic school years 2008-2009 and 2011-2012, states with legislation experienced a 92% increase in concussion-related health care utilization, while states without legislation had a 75% overall increase in concussion-related health care utilization during the same period In the multivariable fixed-effects models, controlling for differences across states, rates of treated concussion in states without legislation were 7% higher in the 2009-2010 school year, 20% higher in the 2010-2011 school year, and 34% higher in the 2011-2012 school year compared with the prelegislation trends (2005-2009) (all P CONCLUSIONS AND RELEVANCE: Increased health care utilization rates among children with concussion in the United States are both directly and indirectly related to concussion legislation A portion of the increased rates (60%) in states without legislation is attributable to an ongoing upward trend demonstrated before enactment of the first state law in 2009 The remaining 40% increase in these states is thought to have resulted from elevated awareness brought about by heightened local and national media attention Concussion legislation has had a seemingly positive effect on health care utilization, but the overall increase can also be attributed to increased injury awareness Language: en

Governing a pioneer program on payment for watershed services: Stakeholder involvement, legal frameworks and early lessons from the Atlantic forest of Brazil

Abstract: Increasing acceptance of payments for ecosystem services (PES) programs as environmental policy alternatives suggests a clear need for research on PES implementation, both to validate theoretical frameworks and improve approaches for existing and future programs. We provide a history of the 10-year old Conservador das Aguas program in Extrema, a city in Minas Gerais located within the Atlantic Forest of Brazil. To date, the program has coordinated restoration activities that have increased native forest cover in 60% in targeted sub-watershed through contracts with 53 landowners, and has established long-term collaborations among government agencies, civil society, and landowners. Evaluation of the institutional elements of the program using an institutional framework reveals lessons that are relevant for future projects. We find that national legislation and local government organizations have played key roles in enabling and maintaining program activities. Further, strategic decisions by program staff, including targeting important regions and actors within the municipality, the use of Forest Code mandates as an incentive for participation, and use of municipal legislation to secure funding, were critical to the program's success. We use an institutional framework to provide a review of the program, including its legal context, actors, and financial instruments, for those engaged in establishing and sustaining similar programs.

Immunization Information Systems: A Decade of Progress in Law and Policy

Abstract: This article reports on a study of laws, regulations, and policies governing Immunization Information Systems (IIS, also known as "immunization registries") in states and selected urban areas of the United States. The study included a search of relevant statutes, administrative codes and published attorney general opinions/findings, an online questionnaire completed by immunization program managers and/or their staff, and follow-up telephone interviews.The legal/regulatory framework for IIS has changed considerably since 2000, largely in ways that improve IIS' ability to perform their public health functions while continuing to maintain strict confidentiality and privacy controls. Nevertheless, the exchange of immunization data and other health information between care providers and public health and between entities in different jurisdictions remains difficult due in part to ongoing regulatory diversity.To continue to be leaders in health information exchange and facilitate immunization of children and adults, IIS will need to address the challenges presented by the interplay of federal and state legislation, regulations, and policies and continue to move toward standardized data collection and sharing necessary for interoperable systems.

Bathroom Battlegrounds and Penis Panics

Abstract: How transgender rights legislation got framed as “bathroom bills,” with seemingly everyone trying to mark their territory.

Benefit corporation legislation and the emergence of a social hybrid category

Abstract: Previous research highlights tensions that social hybrids face by spanning categories This article explores the emergence of legislation to support a new category for social hybrids, focusing on Benefit Corporation legislation in the United States It presents quantitative analysis of state-level factors that make a state suitable for a social hybrid category (attractiveness for for-profit business and nonprofits, existing social hybrid organizations, legislative intensity, and political leanings) followed by qualitative analysis of the arguments marshaled for the creation of the Benefit Corporation legal form These findings raise important insights for research on social hybrids and suggest a range of practical implications

Potential Policies and Laws to Prohibit Weight Discrimination: Public Views from 4 Countries

Abstract: Context People viewed as “overweight” or “obese” are vulnerable to weight-based discrimination, creating inequities and adverse health outcomes. Given the high rates of obesity recorded globally, studies documenting weight discrimination in multiple countries, and an absence of legislation to address this form of discrimination, research examining policy remedies across different countries is needed. Our study provides the first multinational examination of public support for policies and legislation to prohibit weight discrimination. Methods Identical online surveys were completed by 2,866 adults in the United States, Canada, Australia, and Iceland. We assessed public support for potential laws to prohibit weight-based discrimination, such as adding body weight to existing civil rights statutes, extending disability protections to persons with obesity, and instituting legal measures to prohibit employers from discriminating against employees because of body weight. We examined sociodemographic and weight-related characteristics predicting support for antidiscrimination policies, and the differences in these patterns across countries. Findings The majority of participants in the United States, Canada, and Australia agreed that their government should have specific laws in place to prohibit weight discrimination. At least two-thirds of the participants in all 4 countries expressed support for policies that would make it illegal for employers to refuse to hire, assign lower wages, deny promotions, or terminate qualified employees because of body weight. Women and participants with higher body weight expressed more support for antidiscrimination measures. Beliefs about the causes of obesity were also related to support for these laws. Conclusions Public support for legal measures to prohibit weight discrimination can be found in the United States, Canada, Australia, and Iceland, especially for laws to remedy this discrimination in employment. Our findings provide important information for policymakers and interest groups both nationally and internationally and can help guide discussions about policy priorities to reduce inequities resulting from weight discrimination.

Social Mobilization and the Networked Public Sphere: Mapping the SOPA-PIPA Debate

Abstract: This article investigates the public debate over proposed U.S. legislation designed to give prosecutors and copyright holders new tools to pursue suspected online copyright violations. We compiled, mapped, and analyzed a set of 9,757 stories published over 16 months relevant to the Combating Online Infringement and Counterfeits Act (COICA), Stop Online Piracy Act (SOPA), and PROTECT IP Act (PIPA). This study applies a mixed-methods approach that combines text and link analysis with human coding and informal interviews to map the evolution of the controversy over time and to analyze the mobilization, roles, and interactions of various actors. We find a vibrant, diverse, and decentralized networked public sphere that exhibited broad participation, leveraged topical expertise, and successfully reframed a debate and focused public sentiment to shape national public policy. A network of small-scale commercial tech media, nongovernmental organizations (NGOs), and individuals fulfilled the fourth estate function...

To open or not to open? Determinants of open government data

Abstract: In recent years, open government data has become an important movement among government administrations around the world. While there is still limited open data research conducted in East Asia, this study explores the complexity of open data initiatives in Taiwan. In particular, the influential factors and their impacts on open data initiatives are investigated from four perspectives: technology, organization, legislation and policy, and environment. Legislation and policy is found to have the most significant impact while agencies' existing regulations and policies act as constraints. The factors residing in organizational and environmental perspectives follow as the secondary impacts. Technological factors also exist but are considered to be relatively more easily resolved with sufficient support. While the identified factors act as determinants to influence government agencies' intentions towards open data participation, it is also found that open data is closely related to interagency information sharing, and the two activities in the long term are expected to reinforce to each other iteratively. In addition, practical implications are discussed to provide practitioners with insights. Lastly, the contributions, limitations and potential future research of the current study are listed in the Conclusion section.

Sexual assault on college campuses: A 50-state survey of criminal sexual assault statutes and their relevance to campus sexual assault.

Abstract: A recent series of highly publicized campus sexual assaults and the questionable responses by the academic institutions where they occurred has led some policymakers and academic administrators to call for legislative and institutional change. For such changes to be effective, academic administrators and legislators need solutions that effectively protect victims, punish perpetrators, and encourage institutional compliance with relevant legislation. Furthermore, there has been significant debate about how much the criminal justice system can and should be involved when sexual assaults occur on college campuses. To address these questions, there needs to be a more thorough understanding of existing state sexual assault laws and their capacity to handle sexual assaults that occur on college campuses. This project identified and systematically examined all U.S. state statutes relating to sexual assault to evaluate to what extent these laws are appropriate and accessible for victims of campus sexual assault. Results revealed that all 50 states have at least 1 criminal statute addressing sexual assault, with a total of 432 statutory subsections being identified for inclusion. Across statutes, key concepts relating to consent and incapacity were often ill defined or undefined, and many of the statutes appear to be poorly suited to handling campus sexual assaults. These findings have implications for the adjudication of campus sexual assaults, and such results can potentially be used to amend existing legislation and inform future legislation. (PsycINFO Database Record (c) 2016 APA, all rights reserved)

The political economy of passing climate change legislation: evidence from a survey

Abstract: Climate change is now a major aspect of public policy. There are almost 500 identified climate change laws in the world’s leading economies. This paper reviews the main domestic factors that drive this legislation. The analysis is based on a unique dataset of climate legislation in 66 national jurisdictions for the period 1990–2013. We find that the passage of new climate laws is influenced by several factors. One important factor is the quantity and quality of previous legislation: the propensity to pass more laws decreases non-linearly with the stock of existing legislation, but increases in the presence of a strategic “flagship law” that sets an overall framework for climate policy. Contrary to widespread belief, political orientation is not a decisive factor. We find no significant difference in the number of laws passed by left-wing and right-wing governments, except perhaps in Anglo-Saxon countries. However, left-leaning governments are more inclined to pass laws in difficult economic times. Despite these elements of bipartisanship, political economy factors still matter: In democracies climate laws are less likely to be passed immediately before an election and legislation is aided by a strong executive that can take on vested interests.

Beyond "homophobia": Thinking more clearly about stigma, prejudice, and sexual orientation.

Abstract: This article addresses the topic of homophobia. Recent events might make it seem as though it is dying out. Hate crimes based on a person's sexual orientation or gender presentation can now be prosecuted by the federal government, even when they occur in states lacking their own hate crime laws. Numerous states have changed their laws to permit same-sex couples to marry, some through the passage of legislation and others through ballot measures. Since the U.S. Supreme Court's 2013 decision overturning part of the Defense of Marriage Act, those marriages have been recognized by the federal government. With the dramatic and relatively rapid turnaround in public opinion, this article focuses on the changes in stigma and issues of sexual prejudice as well.

Legislative Veto Players and the Effects of International Human Rights Agreements

Abstract: Do national legislatures constitute a mechanism by which commitments to international human rights treaties can be made credible? Treaty ratification can activate domestic mechanisms that make repression more costly, and the legislative opposition can enhance these mechanisms. Legislative veto players raise the cost of formalistic repressive strategies by declining to consent to legislation. Executives can still choose to rely on more costly, extralegal strategies, but these could result in severe penalties for the leader and require the leader to expend resources to hide. Especially in treaty member-states, legislatures can use other powers to also increase the cost of extralegal violations, which can further reduce repression. By using an empirical strategy that attempts to address the selection effects in treaty commitment decisions, I show that positive effects of human rights treaties increase when there are more legislative veto players

The culture of trilogues

Abstract: There is surprisingly little knowledge about the informal ‘trilogues’ that play a pivotal role in almost 90 per cent of European Union legislation. This article maps out previously uncharted practices and explores their role in constituting the Parliament and Council as legislators. It proceeds by taking stock of the knowledge that actors in Parliament, the Council and the Commission have acquired and use to make sense of, and act in, trilogues. Our findings qualify the widespread belief that trilogues have drawn Parliament into unfamiliar territory of diplomatic culture, at a cost to political efficacy and democratic functions. Trilogues today are underpinned by norms, standard operating procedures and practices linking formal and informal institutions. They have imparted Parliament with a sharpened consciousness of its role and identity as a ‘normal’ parliament, while leaving the Council frustrated and less confident. Parliament has seen in norms of public accountability a means to develop lever...

Legislating in the Dark: Information and Power in the House of Representatives

Abstract: The 2009 financial stimulus bill ran to more than 1,100 pages, yet it wasn't even given to Congress in its final form until thirteen hours before debate was set to begin, and it was passed twenty-eight hours later. How are representatives expected to digest so much information in such a short time. The answer? They aren't. With Legislating in the Dark, James M. Curry reveals that the availability of information about legislation is a key tool through which Congressional leadership exercises power. Through a deft mix of legislative analysis, interviews, and participant observation, Curry shows how congresspersons-lacking the time and resources to study bills deeply themselves-are forced to rely on information and cues from their leadership. By controlling their rank-and-file's access to information, Congressional leaders are able to emphasize or bury particular items, exploiting their information advantage to push the legislative agenda in directions that they and their party prefer. Offering an unexpected new way of thinking about party power and influence, Legislating in the Dark will spark substantial debate in political science.

How Capitalism Will Save Colonialism: The Privatization of Reserve Lands in Canada

Abstract: This paper surveys the ways in which the First Nations Property Ownership Act (FNPOA) is the site of both tension and alliance between state, non-state, and local Indigenous interests converging around a common agenda of land “modernization” in Canada. It is a convergence, I argue, that must be read in the context of a reorganization of society under neoliberalism. The FNPOA legislation is discursively framed to acknowledge Indigenous land rights while the bill simultaneously introduces contentious measures to individualize and municipalize the quasi-communal land holding of reserves. The intersections of alliance around this land modernization project foreground the complex ways in which capitalism and colonialism, though inextricably tied, perform distinguishable economic processes, and how we must be attentive to the particulars of their co-articulation with local formations of indigeneity.

Taxing the Poor: Incarceration, Poverty Governance, and the Seizure of Family Resources

Abstract: In the last decades, the American state has radically enlarged the array of policy instruments utilized in today’s governance of the poor. Most recently, through a process of outright “seizure,” the state now exacts revenue from low-income families, partners, and friends of those individuals who in very large numbers cycle in and out of the nation’s courts, jails, and prisons. In an analysis of legislation, judicial cases, policy regulations, blog, chat-line postings, and survey data, we explore this new form of taxation. In doing so, we endeavor to meet two objectives: The first is to document policies which pressure individuals (mostly men) entangled in the court and prison systems to rely on family members and others (mostly women) who serve as the safety net of last resort. Our second objective is to give voice to an argument not yet well explored in the sizeable incarceration literature: that the government is seizing resources from low-income families to help finance the state’s own coffers, including the institutions of the carceral state itself. Until now, no form of poverty governance has been depicted as so baldly drawing on family financial support under the pressure of punishment to extract cash resources from the poor. This practice of seizure constitutes the very inversion of welfare for the poor. Instead of serving as a source of support and protection for poor families, the state saps resources from indigent families of loved ones in the criminal justice system in order to fund the state’s project of poverty governance.

Rights, Compassion and Invisible Children: A Critical Discourse Analysis of the Parliamentary Debates on the Mandatory Detention of Migrant Children in Canada

Abstract: From 2011 until 2012, members of the Canadian parliament debated three iterations of legislation relating to the detention of asylum seekers. The final bill, unlike its predecessors, exempted children under the age of 16 from mandatory year-long detention, opening the door to children’s prolonged separation from parents or invisible detention as guests alongside mandatorily detained parents. Using a critical discourse analysis approach, we examine parliamentary debates and seek to determine how speech acts within the Canadian parliament construct a (detained) migrant child. Our results suggest that parliamentarians invoke logics of human rights and humanitarianism and that a reconfiguration of these paradigms places the state rather than the refugee in need of protection, thus introducing a hierarchy of compassion. Within this discourse, children are rendered so vulnerable as to be voiceless, enforcing the corollary image of the threatening adult refugee, which ultimately allows detention of children to be framed as a protective measure. We hypothesize mechanisms that make such constructions possible and discuss the implications for advocacy efforts.