Showing papers on "Legislation published in 2016"

Decision Making Under Different Institutional Arrangements: Legislation by the European Community

Abstract: The paper examines the extent to which different decision making procedures, which are used in the E.C., affect Community law. More specifically, the outcomes of decision making are analyzed in terms of: (1) the consultation procedure; (2) the cooperation procedure; and (3) the co-decision procedure, which has recently been introduced in the Treaty on European Union. The main result is that the Commission appears to dominate the legislative process, while the European Parliament is barely able to affect Community law, even when the recently introduced co-decision procedure is used. Furthermore, attention is paid to an alternative decision making procedure in which the European Parliament is assumed to have powers comparable to national parliaments of member countries. (JEL: D 72)

A critical analysis of the Native Vegetation Protection Law of Brazil (2012): updates and ongoing initiatives

Abstract: The Native Vegetation Protection Law of Brazil, which replaced the Forest Code from 1965, is still undergoing regulation at federal and state levels, and the constitutionality of some clauses are still in question. In order to support legal rulings, decisions by public officers, and to inform other stakeholders, we present a balanced assessment of the positive and negative consequences of Native Vegetation Protection Law in light of current scientific knowledge. Key advances were noted in the systems of controls and incentives, which promoted new mechanisms and policies to support the implementation of this law. The main environmental setbacks were (i) the removal of protection of certain environmentally fragile areas, (ii) the concession of amnesty of fines incurred for violating the preceding legislation, (iii) allowing continuous farming or maintenance of infrastructure in areas protected by law, without full recovery of native vegetation. The weakening of Native Vegetation Protection Law may hamper soil and watershed protection, biodiversity conservation, and even agricultural productivity, without manifest benefits for the country. On that account, we recommend that: (i) judiciary rulings and state and county regulations to correct pending issues with the Native Vegetation Protection Law based on scientific knowledge and with wider citizen participation; (ii) the strengthening of agencies for rural technical assistance; (iii) the development of incentives to develop the supply chain for native vegetation recovery; (iv) the regulation of compensation for Legal Reserves based on clear and robust environmental criteria; and (v) the assessment of legal compliance has also to be based on the environmental quality of recovered areas.

Regulatory hurdles for genome editing: process- vs. product-based approaches in different regulatory contexts

Abstract: Novel plant genome editing techniques call for an updated legislation regulating the use of plants produced by genetic engineering or genome editing, especially in the European Union. Established more than 25 years ago and based on a clear distinction between transgenic and conventionally bred plants, the current EU Directives fail to accommodate the new continuum between genetic engineering and conventional breeding. Despite the fact that the Directive 2001/18/EC contains both process- and product-related terms, it is commonly interpreted as a strictly process-based legislation. In view of several new emerging techniques which are closer to the conventional breeding than common genetic engineering, we argue that it should be actually interpreted more in relation to the resulting product. A legal guidance on how to define plants produced by exploring novel genome editing techniques in relation to the decade-old legislation is urgently needed, as private companies and public researchers are waiting impatiently with products and projects in the pipeline. We here outline the process in the EU to develop a legislation that properly matches the scientific progress. As the process is facing several hurdles, we also compare with existing frameworks in other countries and discuss ideas for an alternative regulatory system.

China Naval Modernization: Implications for U.S. Navy Capabilities-Background and Issues for Congress [May 31, 2016]

Abstract: Military/Defense policy and doctrine; Weapons and weapon systems; Politics and government/International relations; Law and justice/Legislation

The Every Student Succeeds Act (ESSA) What It Means for Students With Disabilities and Music Educators

Abstract: On December 10, 2015, President Obama signed the Every Student Succeeds Act (ESSA) (P.L. 114-95), legislation which reauthorizes the Elementary and Secondary Education Act of 1965, and replaces the widely criticized No Child Left Behind Act. After various versions were offered, rejected, or revised, the ESSA ultimately passed both chambers of Congress with strong bipartisan support. The general consensus, from special educators, is the new federal law, which grants significantly more power to states while continuing to require reporting from schools about the capabilities of their students, is a step in the right direction for all students, including those with disabilities. Music educators have celebrated the law for its specification of music as part of a “well-rounded education.” The purpose of this article is to provide background on ESSA and to discuss implications of this law for students with disabilities and music educators.

Challenges in biodiesel industry with regards to feedstock, environmental, social and sustainability issues: a critical review.

Abstract: This paper addresses the challenges in developing a sustainable biodiesel industry especially in Malaysia. The challenges discussed in this paper are divided into three main sections covering issues before, during and after biodiesel processing. The pre-processing problems concern the feedstock market, legislation through policies, fuel–food competition, deforestation issue and alternative feedstock conflict. Problems with regards to the uncontrollable glycerol production and its global market crisis are also reviewed. Besides, some suggestions on poising back the glycerol market stability are reviewed through several upgrading processes and methods that can convert glycerol to its functional chemicals. The last section covers the social issue of biodiesel in obtaining people׳s acceptance and capability of this industry to cultivate the sustainable practices along the processing line. Moreover, challenges in verifying its commercial value by fulfilling the global biofuel standards are also highlighted.

Board gender quotas: Exploring ethical tensions from a multi-theoretical perspective

Abstract: Despite 40 years of equal opportunities policies and more than two decades of government and organization initiatives aimed at helping women reach the upper echelons of the corporate world, women are seriously underrepresented on corporate boards. Recently, fifteen countries sought to redress this imbalance by introducing gender quotas for board representation. The introduction of board gender quota legislation creates ethical tensions and dilemmas which we categorize in terms of motivations, legitimacy, and outcomes. We investigate these tensions through four overarching theoretical perspectives: institutional, stakeholder, social identity, and social capital. We outline a future research agenda based on how these tensions offer greater focus to research on quotas and more broadly to ethics and diversity in organizations in terms of theory, anticipated ethical tensions, data, and methodology. In sum, our review seeks to synthesize existing multidisciplinary research and stimulate future enquiry on this expanding set of legislation.

United States Health Care Reform Progress to Date and Next Steps

Abstract: Importance The Affordable Care Act is the most important health care legislation enacted in the United States since the creation of Medicare and Medicaid in 1965. The law implemented comprehensive reforms designed to improve the accessibility, affordability, and quality of health care. Objectives To review the factors influencing the decision to pursue health reform, summarize evidence on the effects of the law to date, recommend actions that could improve the health care system, and identify general lessons for public policy from the Affordable Care Act. Evidence Analysis of publicly available data, data obtained from government agencies, and published research findings. The period examined extends from 1963 to early 2016. Findings The Affordable Care Act has made significant progress toward solving long-standing challenges facing the US health care system related to access, affordability, and quality of care. Since the Affordable Care Act became law, the uninsured rate has declined by 43%, from 16.0% in 2010 to 9.1% in 2015, primarily because of the law’s reforms. Research has documented accompanying improvements in access to care (for example, an estimated reduction in the share of nonelderly adults unable to afford care of 5.5 percentage points), financial security (for example, an estimated reduction in debts sent to collection of $600-$1000 per person gaining Medicaid coverage), and health (for example, an estimated reduction in the share of nonelderly adults reporting fair or poor health of 3.4 percentage points). The law has also begun the process of transforming health care payment systems, with an estimated 30% of traditional Medicare payments now flowing through alternative payment models like bundled payments or accountable care organizations. These and related reforms have contributed to a sustained period of slow growth in per-enrollee health care spending and improvements in health care quality. Despite this progress, major opportunities to improve the health care system remain. Conclusions and Relevance Policy makers should build on progress made by the Affordable Care Act by continuing to implement the Health Insurance Marketplaces and delivery system reform, increasing federal financial assistance for Marketplace enrollees, introducing a public plan option in areas lacking individual market competition, and taking actions to reduce prescription drug costs. Although partisanship and special interest opposition remain, experience with the Affordable Care Act demonstrates that positive change is achievable on some of the nation’s most complex challenges.

Take‐Back Legislation: Consequences for Remanufacturing and Environment

Abstract: In the last two decades, many countries have enacted product take-back legislation that holds manufacturers responsible for the collection and environmentally sound treatment of end-of-use products. In an industry regulated by such legislation, we consider a manufacturer that also sells remanufactured products under its brand name. Using a stylized model, we consider three levels of legislation: no take-back legislation, legislation with collection targets, and legislation with collection and reuse targets. We characterize the optimal solution for the manufacturer and analyze how various levels of legislation affect manufacturing, remanufacturing, and collection decisions. First, we explore whether legislation with only collection targets causes an increase in remanufacturing levels, which is argued to be an environmentally friendlier option for end-of-use treatment than other options such as recycling. While increased remanufacturing alone is usually perceived as a favorable environmental outcome, if one considers the overall environmental impact of new and remanufactured products, this might not be the case. To study this issue, we model the environmental impact of the product following a life cycle analysis–based approach. We characterize the conditions under which increased remanufacturing due to take-back legislation causes an increase in total environmental impact. Finally, we model the impact of legislation on consumer surplus and manufacturer profits and identify when total welfare goes down because of legislation.

Nonmedical prescribing: where are we now?

Abstract: Nonmedical prescribing has been allowed in the United Kingdom (UK) since 1992. Its development over the past 24 years has been marked by changes in legislation, enabling the progression towards independent prescribing for nurses, pharmacists and a range of allied health professionals. Although the UK has led the way regarding the introduction of nonmedical prescribing, it is now seen in a number of other Western-European and Anglophone countries although the models of application vary widely between countries. The programme of study to become a nonmedical prescriber (NMP) within the UK is rigorous, and involves a combination of taught curricula and practice-based learning. Prescribing is a complex skill that is high risk and error prone, with many influencing factors. Literature reports regarding the impact of nonmedical prescribing are sparse, with the majority of prescribing research tending to focus instead on prescribing by doctors. The impact of nonmedical prescribing however is important to evaluate, and can be carried out from several perspectives. This review takes a brief look back at the history of nonmedical prescribing, and compares this with the international situation. It also describes the processes required to qualify as a NMP in the UK, potential influences on nonmedical prescribing and the impact of nonmedical prescribing on patient opinions and outcomes and the opinions of doctors and other healthcare professionals.

Brazil’s Market for Trading Forest Certificates

Abstract: Brazil faces an enormous challenge to implement its revised Forest Code. Despite big losses for the environment, the law introduces new mechanisms to facilitate compliance and foster payment for ecosystem services (PES). The most promising of these is a market for trading forest certificates (CRAs) that allows landowners to offset their restoration obligations by paying for maintaining native vegetation elsewhere. We analyzed the economic potential for the emerging CRA market in Brazil and its implications for PES programs. Results indicate a potential market for trading 4.2 Mha of CRAs with a gross value of US$ 9.2±2.4 billion, with main regional markets forming in the states of Mato Grosso and Sao Paulo. This would be the largest market for trading forests in the world. Overall, the potential supply of CRAs in Brazilian states exceeds demand, creating an opportunity for additional PES programs to use the CRA market. This expanded market could provide not only monetary incentives to conserve native vegetation, but also environmental co-benefits by fostering PES programs focused on biodiversity, water conservation, and climate regulation. Effective implementation of the Forest Code will be vital to the success of this market and this hurdle brings uncertainty into the market. Long-term commitment, both within Brazil and abroad, will be essential to overcome the many challenges ahead.

Farm Foreclosure Moratorium Legislation: A Lesson from the Past

Abstract: and the calls for legislation to prevent farm foreclosures are not without precedent. Farm foreclosures were high throughout the 1920's and 1930's, in large part because farmers had to make mortgage payments fixed in nominal dollars while their earnings were falling.' In response, many state legislatures sought to aid farmers by passing legislation that postponed foreclosure by creditors. Scholars have given little attention to these various state emergency measures and their impact on creditors and debtors.2 This article is a step toward filling this void. The first section contains a general description of the moratorium legislation, and hypotheses about the causes of moratorium legislation are proposed and tested. In Section II, the economic consequences of moratorium legislation are addressed and the hypotheses are formally specified and tested.

“Why Should We Care about Marriage Equality?”: Political Advocacy as a Part of Corporate Responsibility

Abstract: More and more companies are publicly taking a stand on social and political issues such as gay marriage legislation. This paper argues that this type of engagement, which can be called “corporate political advocacy,” raises new conceptual and normative challenges especially for theories of corporate responsibility. Furthermore, it poses practical challenges for managers who are confronted with it. This paper addresses all three challenges: first, it defines and conceptualizes corporate political advocacy and distinguishes it from other forms of corporate political involvement. Second, it makes normative sense of corporate advocacy as an element of corporate responsibility. Third, it reflects on the practical implications for managers dealing with this issue.

Pharmaceutical regulation in 15 European countries review.

Abstract: In the context of pharmaceutical care, policy-makers repeatedly face the challenge of balancing patient access to effective medicines with affordability and rising costs. With the aim of guiding the health policy discourse towards questions that are important to actual and potential patients, this study investigates a broad range of regulatory measures, spanning marketing authorization to generic substitution and resulting price levels in a sample of 16 European health systems (Austria, Belgium, Denmark, England, Finland, France, Germany, Greece, Ireland, Italy, the Netherlands, Poland, Portugal, Scotland, Spain and Sweden). All countries employ a mix of regulatory mechanisms to contain pharmaceutical expenditure and ensure quality and efficiency in pharmaceutical care, albeit with varying configurations and rigour. This variation also influences the extent of publicly financed pharmaceutical costs. Overall, observed differences in pharmaceutical expenditure should be interpreted in conjunction with the differing volume and composition of consumption and price levels, as well as dispensation practices and their impact on measurement of pharmaceutical costs. No definitive evidence has yet been produced on the effects of different cost-containment measures on patient outcomes. Depending on the foremost policy concerns in each country, different levers will have to be used to enable the delivery of appropriate care at affordable prices.

Legal protection of the right to work and employment for persons with mental health problems: a review of legislation across the world

Abstract: The right to work and employment is indispensable for social integration of persons with mental health problems. This study examined whether existing laws pose structural barriers in the realization of right to work and employment of persons with mental health problems across the world. It reviewed disability-specific, human rights legislation, and labour laws of all UN Member States in the context of Article 27 of the UN Convention on the Rights of Persons with Disabilities (CRPD). It wes found that laws in 62% of countries explicitly mention mental disability/impairment/illness in the definition of disability. In 64% of countries, laws prohibit discrimination against persons with mental health during recruitment; in one-third of countries laws prohibit discontinuation of employment. More than half (56%) the countries have laws in place which offer access to reasonable accommodation in the workplace. In 59% of countries laws promote employment of persons with mental health problems through different affirmative actions. Nearly 50 years after the adoption of the International Covenant on Economic, Social, and Cultural Rights and 10 years after the adoption of CRPD by the UN General Assembly, legal discrimination against persons with mental health problems continues to exist globally. Countries and policy-makers need to implement legislative measures to ensure non-discrimination of persons with mental health problems during employment.

The Frank R. Lautenberg Chemical Safety for the 21st Century Act

Abstract: The new law includes much needed modernizations to TSCA, the only major piece of environmental legislation that had not been updated since it was passed in the fall of 1976.

The EU Circular Economy and Its Relevance to Metal Recycling

Abstract: This paper provides an overview of ongoing European policy actions to improve the circular management of non-ferrous metals. After explaining why metals are at the center of the European Union’s circular economy initiative, the authors outline a number of issues that still need tackling to “close the loop”, and prevent Europe’s metals from being landfilled, incinerated, or exported without guarantee of high-quality treatment. Electronic waste is focused on in detail during this analysis, because of the special challenges in environmentally sound recovery of smaller quantities of valuable and precious metals. In particular, the authors find that a mandatory certification scheme for recyclers of electronic waste, in or out of Europe, would help to incentivize high-quality treatment processes and efficient material recovery. More generally, the article finds that the European Commission’s waste legislation proposals and Action Plan begins to address key challenges, provided the requirements are implemented strongly and consistently across Member States. In particular, it is crucial that EU policy establishes level playing field conditions for European metals recyclers

Data Privacy in Electronic Commerce: Analysing Legal Provisions in Iran

Abstract: This article discusses the legal protection of data privacy in electronic commerce in Iran. Currently, there is a gap in respect of data privacy protection in Iran as there is no specific privacy legislation in force. Consequently, e-consumers dealing in internet commerce are less protected. However there are rules and regulations in the laws in Iran such as the Islamic Republic (IR) of Iran Constitution, Computer Crimes Act, Penal Code, and Civil Liability Act which relate to privacy in general, although not directly related to data privacy in e-commerce. The Electronic Commerce Law (ECL) is the main legislation in Iran which contains some provisions on personal data privacy. This article discusses the relevant provisions in the ECL pertaining to data messages and privacy and interprets its various meanings to determine whether they are in line with well-established principles found in good data privacy protection measures.

Unravelling the United Kingdom’s climate policy consensus: The power of ideas, discourse and institutions

Abstract: As climate change policies and governance initiatives struggle to produce the transformational social changes required, the search for stand out case studies continues. Many have pointed to the period between 2005 and 2008 in the United Kingdom as a promising example of national level innovation. With strong cross-party consensus and a first-of-its-kind legislation the UK established itself as a climate policy leader. However, early warning signs suggest that this institutionalised position is far from secure. Through a novel application of discursive institutionalism this article presents a detailed analysis of the role of ideas in unravelling this ambition under the Conservative-Liberal coalition administration (2010–2015). Discursive interactions among policymakers and other political actors were dominated by ideas about governmental responsibility and economic austerity, establishing an atmosphere of climate policy scepticism and restraint. By situating this conspicuous and influential process of bricolage within its institutional context the importance of how policymakers think and communicate about climate change is made apparent. The power of ideas to influence policy is further demonstrated through their cognitive and normative persuasiveness, by imposing over and excluding alternatives and in their institutional positioning. It can be concluded that despite innovative legislation, institution building and strategic coordination of different types of governance actors the ideational foundations of ambitious climate change politics in the UK have been undermined.

Business Associations, Conservative Networks, and the Ongoing Republican War over Medicaid Expansion.

Abstract: A major component of the Affordable Care Act involves the expansion of state Medicaid programs to cover the uninsured poor. In the wake of the 2012 Supreme Court decision upholding and modifying reform legislation, states can decide whether to expand Medicaid-and twenty states are still not proceeding as of August 2015. What explains state choices about participation in expansion, including governors' decisions to endorse expansion or not as well as final state decisions? We tackle this puzzle, focusing closely on outcomes and battles in predominantly Republican-led states. Like earlier scholars, we find that partisan differences between Democrats and Republicans are central, but we go beyond earlier analyses to measure added effects from two dueling factions within the Republican coalition: statewide business associations and cross-state networks of ideologically conservative organizations. Using both statistical modeling and case studies, we show that GOP-leaning or GOP-dominated states have been most likely to embrace the expansion when organized business support outweighs pressures from conservative networks. Our findings help make sense of ongoing state-level debates over a core part of health reform and shed new light on mounting policy tensions within the Republican Party.

Social Attitudes Toward Adoption by Same-Sex Couples in Europe

Abstract: By examining social attitudes on same-sex adoption in 28 European countries, we highlighted individual and country-level factors that can determine the level of social acceptance or rejection of this specific kind of adoption. This article contributes to the literature on social acceptance of lesbian women, gay men, and their adoption practices in Europe and directs attention to several previously under-researched aspects of social attitudes on same-sex parenting rights. The empirical base of this study was the fourth round of the European Values Study, conducted in 2008–2010. Using ordered logistic regressions, we examined the impact of several individual and country-level characteristics on the agreement level with the statement that “Homosexual couples should be able to adopt children.” We found strong relationships between social attitudes towards adoption by same-sex couples and the existence of legislation permitting same-sex adoption practices at the country-level, as well as some individual attitudes, including those related to traditional family formation practices, “justification of homosexuality,” and (non-) preference for homosexual neighbors. Our findings indicate a shift within the potential interpretational contexts of adoption by same-sex couples from a narrow sexuality-based framework to a different and possibly much wider context of family and parenting practices.