Showing papers on "Legislation published in 2017"

The Eu General Data Protection Regulation (Gdpr): A Practical Guide

Abstract: This book provides expert advice on the practical implementation of the European Unions General Data Protection Regulation (GDPR) and systematically analyses its various provisions. Examples, tables, a checklist etc. showcase the practical consequences of the new legislation. The handbook examines the GDPRs scope of application, the organizational and material requirements for data protection, the rights of data subjects, the role of the Supervisory Authorities, enforcement and fines under the GDPR, and national particularities. In addition, it supplies a brief outlook on the legal consequences for seminal data processing areas, such as Cloud Computing, Big Data and the Internet of Things. Adopted in 2016, the General Data Protection Regulation will come into force in May 2018. It provides for numerous new and intensified data protection obligations, as well as a significant increase in fines (up to 20 million euros). As a result, not only companies located within the European Union will have to change their approach to data security; due to the GDPRs broad, transnational scope of application, it will affect numerous companies worldwide.

Does Board Gender Diversity Influence Financial Performance? Evidence from Spain

Abstract: In recent years, several countries have enacted guidelines and/or mandatory laws to increase the presence of women on the boards of companies. Through these regulatory interventions, the aim is to eradicate the social and labor grievances that women have traditionally experienced and which has relegated them to smaller-scale jobs. Nevertheless, and despite the advances achieved, the female representation in the boardroom remains far from the desired levels. In this context, it is now necessary to enhance the advantages of board gender diversity from both ethical and economic points of view. This article examines the relation between board gender diversity and economic results in Spain: the second country in the world to legally require gender quotas in boardrooms and historically characterized by a minimal female participation in the workforce. Based on a sample of 125 non-financial firms listed on the Madrid Stock Exchange from 2005 to 2009, our findings show that in the period analyzed the increase of the number of women on boards was over 98 %. This suggests that compulsory legislation offers an efficient framework to execute the recommendation of Spanish codes of good governance by means of the increase in the number of women in the boards of firms. Furthermore, we find that the increase in the number of women on the boards is positively related to higher economic results. Therefore, both results suggest that gender diversity in boardrooms should be incremented, mandatory laws being a key factor to do so.

Global approaches to regulating electronic cigarettes

Abstract: Objectives Classify and describe the policy approaches used by countries to regulate e-cigarettes. Methods National policies regulating e-cigarettes were identified by (1) conducting web searches on Ministry of Health websites, and (2) broad web searches. The mechanisms used to regulate e-cigarettes were classified as new/amended laws, or existing laws. The policy domains identified include restrictions or prohibitions on product: sale, manufacturing, importation, distribution, use, product design including e-liquid ingredients, advertising/promotion/sponsorship, trademarks, and regulation requiring: taxation, health warning labels and child-safety standards. The classification of the policy was reviewed by a country expert. Results The search identified 68 countries that regulate e-cigarettes: 22 countries regulate e-cigarettes using existing regulations; 25 countries enacted new policies to regulate e-cigarettes; 7 countries made amendments to existing legislation; 14 countries use a combination of new/amended and existing regulation. Common policies include a minimum-age-of-purchase, indoor-use (vape-free public places) bans and marketing restrictions. Few countries are applying a tax to e-cigarettes. Conclusions A range of regulatory approaches are being applied to e-cigarettes globally; many countries regulate e-cigarettes using legislation not written for e-cigarettes.

2018 reform of eu data protection rules

Abstract: As of May 2018, with the entry into application of the General Data Protection Regulation, there is one set of data protection rules for all companies operating in the EU, wherever they are based. Stronger rules on data protection mean: people have more control over their personal data & businesses benefit from a level playing field . The regulation will become directly applicable on 25 May 2018, 2 years after its adoption and entry into force, replacing Directive 95/46/EC. This issue recaps the main innovations and opportunities opened up by the new EU data protection legislation; takes stock of the preparatory work undertaken so far at EU level; outlines what the European Commission, national data protection authorities and national administrations should still do for bringing the preparation to a successful completion;Sets out measures that the Commission intends to take in the coming months. How to cite: Viorescu, R. (2017). 2018 Reform of EU Data Protection Rules. European Journal of Law and Public Administration , 4(2), 27-39. https://doi.org/10.18662/eljpa/11

Supervised injection facilities in Canada: past, present, and future.

Abstract: Canada has long contended with harms arising from injection drug use In response to epidemics of HIV infection and overdose in Vancouver in the mid-1990s, a range of actors advocated for the creation of supervised injection facilities (SIFs), and after several unsanctioned SIFs operated briefly and closed, Canada’s first sanctioned SIF opened in 2003 However, while a large body of evidence highlights the successes of this SIF in reducing the health and social harms associated with injection drug use, extraordinary efforts were needed to preserve it, and continued activism by local people who inject drugs (PWID) and healthcare providers was needed to promote further innovation and address gaps in SIF service delivery A growing acceptance of SIFs and increasing concern about overdose have since prompted a rapid escalation in efforts to establish SIFs in cities across Canada While much progress has been made in that regard, there is a pressing need to create a more enabling environment for SIFs through amendment of federal legislation Further innovation in SIF programming should also be encouraged through the creation of SIFs that accommodate assisted injecting, the inhalation of drugs As well, peer-run, mobile, and hospital-based SIFs also constitute next steps needed to optimize the impact of this form of harm reduction intervention

Assistance Dogs: Historic Patterns and Roles of Dogs Placed by ADI or IGDF Accredited Facilities and by Non-Accredited U.S. Facilities.

Abstract: Dogs’ roles to support people with disabilities are increasing. Existing U.S. laws and regulations pertaining to the use of dogs for people with disabilities are only minimally enforced. Pushback legislation against some aspects of uses of assistance dogs currently is being passed or proposed in several states. Further, the U.S. Department of the Army and the Veterans’ Administration support only dogs trained by an Assistance Dogs International (ADI) or International Guide Dog Federation (IGDF) accredited facility. Lacking a mandatory national process for screening the selection, training, and placement of assistance dogs with persons who have disabilities, the U.S. offers a creative but confusing opportunity for people to train their own dogs for any disability. While no U.S. surveillance system monitors assistance dogs, other countries generally have a legislated or regulatory process for approving assistance dogs or a cultural convention for obtaining dogs from accredited facilities. We conducted an on-line survey investigating current demographics of assistance dogs placed in 2013 and 2014 with persons who have disabilities, by facilities worldwide that are associated with ADI or IGDF, and by some non-accredited U.S. facilities. Placement data from ADI and IGDF facilities revealed that in most countries aside from the U.S., guide dogs were by far the main type of assistance dog placed. In the U.S., there were about equal numbers of mobility and guide dogs placed, including many placed by large older facilities, along with smaller numbers of other types of assistance dogs. In non-accredited U.S. facilities, psychiatric dogs accounted for most placements. Dogs for families with an autistic child were increasing in all regions around the world. Of dog breeds placed, accredited facilities usually mentioned Labrador Retrievers and Golden Retrievers, and sometimes, German Shepherd Dogs. The facilities bred their dogs in-house, or acquired them from certain breeders. Non-accredited facilities more often used dogs from shelters or assisted people in training their own dogs. Facilities in Europe and the U.S. place dogs in all roles; other parts of the world primarily focus on guide dogs. Expansion of assistance dogs in many roles is continuing, with numbers of dogs placed accelerating internationally.

The Relationship of Health Insurance and Mortality: Is Lack of Insurance Deadly?

Abstract: About 28 million Americans are currently uninsured, and millions more could lose coverage under policy reforms proposed in Congress. At the same time, a growing number of policy leaders have called for going beyond the Patient Protection and Affordable Care Act to a single-payer national health insurance system that would cover every American. These policy debates lend particular salience to studies evaluating the health effects of insurance coverage. In 2002, an Institute of Medicine review concluded that lack of insurance increases mortality, but several relevant studies have appeared since that time. This article summarizes current evidence concerning the relationship of insurance and mortality. The evidence strengthens confidence in the Institute of Medicine's conclusion that health insurance saves lives: The odds of dying among the insured relative to the uninsured is 0.71 to 0.97.

Firearm Laws and Firearm Homicides: A Systematic Review.

Abstract: Importance Firearm homicide is a leading cause of injury death in the United States, and there is considerable debate over the effectiveness of firearm policies. An analysis of the effectiveness of firearm laws on firearm homicide is important to understand optimal policies to decrease firearm homicide in the United States. Objective To evaluate the association between firearm laws and preventing firearm homicides in the United States. Evidence Review We evaluated peer-reviewed articles from 1970 to 2016 focusing on the association between US firearm laws and firearm homicide. We searched PubMed, CINAHL, Lexis/Nexis, Sociological Abstracts, Academic Search Premier, the Index to Legal Periodicals and Books, and the references from the assembled articles. We divided laws into 5 categories: those that (1) curb gun trafficking, (2) strengthen background checks, (3) improve child safety, (4) ban military-style assault weapons, and (5) restrict firearms in public places and leniency in firearm carrying. The articles were assessed using the standardized Guide to Community Preventive Services data collection instrument and 5 additional quality metrics: (1) appropriate data source(s) and outcome measure(s) were used for the study, (2) the time frame studied was adequate, (3) appropriate statistical tests were used, (4) the analytic results were robust, and (5) the disaggregated results of control variables were consistent with the literature. Findings In the aggregate, stronger gun policies were associated with decreased rates of firearm homicide, even after adjusting for demographic and sociologic factors. Laws that strengthen background checks and permit-to-purchase seemed to decrease firearm homicide rates. Specific laws directed at firearm trafficking, improving child safety, or the banning of military-style assault weapons were not associated with changes in firearm homicide rates. The evidence for laws restricting guns in public places and leniency in gun carrying was mixed. Conclusions and Relevance The strength of firearm legislation in general, and laws related to strengthening background checks and permit-to-purchase in particular, is associated with decreased firearm homicide rates. High-quality research is important to further evaluate the effectiveness of these laws. Legislation is just 1 part of a multipronged approach that will be necessary to decrease firearm homicides in the United States.

Addressing the Issue of Microplastics in the Wake of the Microbead-Free Waters Act? A New Standard Can Facilitate Improved Policy

Abstract: The United States Microbead-Free Waters Act was signed into law in December 2015 It is a bipartisan agreement that will eliminate one preventable source of microplastic pollution in the United States Still, the bill is criticized for being too limited in scope, and also for discouraging the development of biodegradable alternatives that ultimately are needed to solve the bigger issue of plastics in the environment Due to a lack of an acknowledged, appropriate standard for environmentally safe microplastics, the bill banned all plastic microbeads in selected cosmetic products Here, we review the history of the legislation and how it relates to the issue of microplastic pollution in general, and we suggest a framework for a standard (which we call “Ecocyclable”) that includes relative requirements related to toxicity, bioaccumulation, and degradation/assimilation into the natural carbon cycle We suggest that such a standard will facilitate future regulation and legislation to reduce pollution while als

Review of 11 national policies for rare diseases in the context of key patient needs

Abstract: Rare diseases collectively exert a global public health burden in the severity of their manifestations and the total number of people they afflict. For many patients, considerable barriers exist in terms of access to appropriate care, delayed diagnosis and limited or non-existing treatment options. Motivated by these challenges, the rare disease patient community has played a critical role, elevating the patient voice and mobilizing legislation to support the development of programs that address the needs of patients with rare diseases. The US Orphan Drug Act of 1983 served as a key milestone in this journey, providing a roadmap for other countries to introduce and implement similar orphan drug legislation; more recently, the European Union (EU) has gone further to encourage the widespread adoption and implementation of rare disease plans or strategies designed to more adequately address the comprehensive needs of patients with rare diseases. Despite these legislative efforts and the growing contributions of patient advocacy groups in moving forward implementation and adoption of rare disease programs, gaps still exist across the policy landscape for several countries. To gain deeper insights into the challenges and opportunities to address key needs of rare disease patients, it is critical to define the current status of rare disease legislation and policy across a geographically and economically diverse selection of countries. We analyzed the rare disease policy landscape across 11 countries: Germany, France, the United Kingdom, Canada, Bulgaria, Turkey, Argentina, Mexico, Brazil, China, and Taiwan. The status and implementation of policy was evaluated for each country in the context of key patient needs across 5 dimensions: improving coordination of care, diagnostic resources, access to treatments, patient awareness and support, and promoting innovative research. Our findings highlight the continuing role of the patient community in driving the establishment and adoption of legislation and programs to improve rare disease care. Further, we found that while national rare disease plans provide important guidance for improving care, implementation of plans is uneven across countries. More research is needed to demonstrate the effect of specific elements of rare disease plans on patient outcomes.

The Political Origins of the Administrative Procedure Act

Abstract: For a decade after the passage of the Second New Deal, political leaders and many important interest groups fiercely debated what procedural requirements, if any, should be imposed on the new regulatory agencies. This debate led eventually to the passage of the Administrative Procedures Act (APA) of 1946. The purpose of this article is to explain the significance of the various procedural requirements that were considered, and to develop and test a political theory of why some proposals were passed while others were rejected, and why a decade passed before legislation could succeed. Although the APA typically is seen as a codification of individual rights in a system or procedural due process, we argue that to answer these questions requires understanding the policy consequences of alternative procedural reforms. Thus we develop and test a political theory, based on the views of legislators about the proper role of the federal government in regulating business, that seeks to explain patterns of support and opposition to legislative reforms. We conclude that the dominant factor explaining these patterns is support for New Deal regulatory policy, and that the primary explanation for the failure of administrative reform proposals before World War II but their success later was the desire of New Deal Democrats to `hard wire` the policies of the New Deal against an expected Republican, anti-New Deal political tide in the late 1940s.

Addressing barriers to exclusive breast-feeding in low- and middle-income countries: a systematic review and programmatic implications.

Abstract: Objective Despite numerous global initiatives on breast-feeding, trend data show exclusive breast-feeding (EBF) rates have stagnated over the last two decades. The purpose of the present systematic review was to determine barriers to exclusive breast-feeding in twenty-five low- and middle-income countries and discuss implications for programmes. Design A search of Scopus, MEDLINE, CINAHL and PsychINFO was conducted to retrieve studies from January 2000 to October 2015. Using inclusion criteria, we selected both qualitative and quantitative studies that described barriers to EBF. Setting Low- and middle-income countries. Subjects Following application of systematic review criteria, forty-eight articles from fourteen countries were included in the review. Results Sixteen barriers to EBF were identified in the review. There is moderate evidence of a negative association between maternal employment and EBF practices. Studies that examined EBF barriers at childbirth and the initial 24 h post-delivery found strong evidence that caesarean section can impede EBF. There is moderate evidence for early initiation of breast-feeding and likelihood of practising EBF. Breast-feeding problems were commonly reported from cross-sectional or observational studies. Counselling on EBF and the presence of family and/or community support have demonstrated improvements in EBF. Conclusions Improving the counselling skills of health workers to address breast-feeding problems and increasing community support for breast-feeding are critical components of infant and young child feeding programming, which will aid in attaining the 2025 World Health Assembly EBF targets. Legislation and regulations on marketing of breast-milk substitutes, paid maternity leave and breast-feeding breaks for working mothers require attention in low- and middle-income countries.

Medicaid Expansion Increased Coverage, Improved Affordability, And Reduced Psychological Distress For Low-Income Parents

Abstract: Despite receiving less attention than their childless counterparts, low-income parents also experienced significant expansions of Medicaid eligibility under the Affordable Care Act (ACA). We used d...

A Global Synthesis of Managing Groundwater Dependent Ecosystems Under Sustainable Groundwater Policy

Abstract: Groundwater is a vital water supply worldwide for people and nature. However, species and ecosystems that depend on groundwater for some or all of their water needs, known as groundwater dependent ecosystems (GDEs), are increasingly becoming threatened worldwide due to growing human water demands. Over the past two decades, the protection and management of GDEs have been incorporated into several water management policy initiatives worldwide including jurisdictions within Australia, the European Union, South Africa, and the United States. Among these, Australia has implemented the most comprehensive framework to manage and protect GDEs through its water policy initiatives. Using a science-based approach, Australia has made good progress at reducing uncertainty when selecting management thresholds for GDEs in their water management plans. This has been achieved by incorporating appropriate metrics for GDEs into water monitoring programs so that information gathered over time can inform management decisions. This adaptive management approach is also accompanied by the application of the "Precautionary Principle" in cases where insufficient information on GDEs exist. Additionally, the integration of risk assessment into Australia's approach has enabled water managers to prioritize the most valuable and vulnerable ecologic assets necessary to manage GDEs under Australia's national sustainable water management legislation. The purpose of this paper is to: (1) compare existing global policy initiatives for the protection and management of GDEs; (2) synthesize Australia's adaptive management approach of GDEs in their state water plans; and (3) highlight opportunities and challenges of applying Australia's approach for managing GDEs under other water management policies worldwide.

Steering CSR Through Home State Regulation: A Comparison of the Impact of the UK Bribery Act and Modern Slavery Act on Global Supply Chain Governance

Abstract: The home states of multinational enterprises have in recent years sought to use public regulation to fill the gap s left by the absence of a binding labor standards framework in international law. This article examines recent home state ini tiatives to address forced labo r, human trafficking, and slavery in global supply chains, and their interactions with private governance initiatives. Focusing on a case st udy of the 201 5 UK Modern Slavery Act and 2010 UK Bribery Act, we analyse two distinct legislative approaches that policymakers have used to p romote corporate accountability within global supply chains and explore the varied impacts that these approaches have on corporate behaviour. Empirically, we analyse codes of conduct, annual CSR reports, and supplier terms and conditions for 25 FTSE 100 companies to shed light into the impact of the legislation on corporate b ehaviour. We find that legislation that creates criminal corporate liability appears to spur deeper changes to corporate strategy , and argue that in the case of the Modern Slavery Act, the triumph of voluntary reporting over more stringent public labor st andards seems to have undermined the effectiveness of recent governance initiatives to address forced labor in global supply chains.

New "21st Century Cures" Legislation: Speed and Ease vs Science.

Abstract: The 21st Century Cures Act was signed into law in December 2016. Praised by its advocates as a means of speeding drug development, the act covers several areas, but the provisions related to the US Food and Drug Administration (FDA) will be among the most problematic and potentially important. An earlier version was passed with a wide margin by the House of Representatives in July 2015; it contained sweeping measures to permit manufacturers to submit less rigorous data to the FDA for approval of drugs and devices, and it recommended annual increases to the National Institutes of Health (NIH) budget of approximately 3% per year for 3 years as well as approximately $8.75 billion over 5 years in additional support.1 Further progress on the bill stalled for about a year until it was taken up again in the congressional session after the recent election.

Assisted Reproductive Technology in Europe: Usage and Regulation in the Context of Cross-Border Reproductive Care

Abstract: This chapter reviews assisted reproductive technologies (ART) usage and policies across European countries, and scrutinizes emerging issues related to cross-border reproductive care (or “reproductive tourism”). Although Europe is currently the largest market for ART, the extent of usage varies widely across countries, largely because of differences in the laws, the affordability, the types of reimbursement, and the norms surrounding childbearing and conception. Since 2009, the regulation of ART has been expanding in Europe, and all countries now have some form of ART legislation. Countries where the treatments are completely covered by national health plans have the highest level of ART utilization. Being in a legal marriage or a stable union is often a prerequisite for access to ART. Currently, only half of European countries allow single women to use ART, and even fewer grant access to lesbian women. Surrogate motherhood is strictly prohibited in many countries in Europe, and where it is allowed, strong restrictions against commercial surrogacy are in place. While restrictive national legislation can be easily circumvented by crossing national boundaries for ART treatments, questions of equity of access have been raised, as not all prospective parents can afford to travel for treatment.

Corporate Stakeholder Orientation in an Emerging Country Context: A Longitudinal Cross Industry Analysis

Abstract: This study examines corporate stakeholder orientation (CSO) across industries and over time prior to the introduction of mandatory CSR. We argue that CSO is a legitimacy signal consciously employed by firms to demonstrate their shareholder and specific non-shareholder orientations in the midst of institutional pressures emerging from country and industry contexts. Using a 7-code index of CSO on CEO–shareholder communications from India, we find that in general large firms in India exhibit a pre-dominant, significant and rising trend of pro-shareholder orientation in the six-year period immediately preceding the CSR law. Yet, we uncover significant industry differences in CSO potentially driven by four key factors: the degree of competitive dynamics, nature of products and services, extent of negative externalities and social activism, and exposure to international markets. Our findings support the view that while some minimum threshold of regulatory intervention is required to balance the interests of business with society, legislation raises questions in relation to the usefulness of a uniform one-size-fits-all CSR across all industries.

State Intimate Partner Violence-Related Firearm Laws and Intimate Partner Homicide Rates in the United States, 1991 to 2015.

Abstract: Background To prevent intimate partner homicide (IPH), some states have adopted laws restricting firearm possession by intimate partner violence (IPV) offenders. "Possession" laws prohibit the possession of firearms by these offenders. "Relinquishment" laws prohibit firearm possession and also explicitly require offenders to surrender their firearms. Few studies have assessed the effect of these policies. Objective To study the association between state IPV-related firearm laws and IPH rates over a 25-year period (1991 to 2015). Design Panel study. Setting United States, 1991 to 2015. Participants Homicides committed by intimate partners, as identified in the Federal Bureau of Investigation's Uniform Crime Reports, Supplementary Homicide Reports. Measurements IPV-related firearm laws (predictor) and annual, state-specific, total, and firearm-related IPH rates (outcome). Results State laws that prohibit persons subject to IPV-related restraining orders from possessing firearms and also require them to relinquish firearms in their possession were associated with 9.7% lower total IPH rates (95% CI, 3.4% to 15.5% reduction) and 14.0% lower firearm-related IPH rates (CI, 5.1% to 22.0% reduction) than in states without these laws. Laws that did not explicitly require relinquishment of firearms were associated with a non-statistically significant 6.6% reduction in IPH rates. Limitations The model did not control for variation in implementation of the laws. Causal interpretation is limited by the observational and ecological nature of the analysis. Conclusion Our findings suggest that state laws restricting firearm possession by persons deemed to be at risk for perpetrating intimate partner abuse may save lives. Laws requiring at-risk persons to surrender firearms already in their possession were associated with lower IPH rates. Primary Funding Source Robert Wood Johnson Foundation.

Replicated Evidence of Racial and Ethnic Disparities in Disability Identification in U.S. Schools

Abstract: Federal legislation and policy increasingly seek to address minority overrepresentation in special education due to concerns that U.S. schools are misidentifying children as disabled based on their...

Mainstreaming Gender, Democratizing the State: Institutional Mechanisms for the Advancement of Women

Abstract: "Mainstreaming Gender, Democratizing the State" reflects the commitment of the United Nations to promote mechanisms that aim to achieve equality between women and men. It identifies institutional mechanisms for the advancement of women including national machineries as one of twelve critical areas of concern. National machineries are the primary institutional mechanism entrusted with the implementation of the strategic objectives contained in the goals for equity set by the United Nations. The mandate of these national institutions has evolved from promoting women-specific projects to ensuring that equality concerns are integrated into all government legislation, policy, programs, and budgetary processes. National machineries face serious constraints in fulfilling their mandate including; inadequate financial and human resources, relatively powerless locations within government structures, and insufficient linkage with civil societies. This volume illustrates that the ability of UN-member states to subscribe to the agenda of equality between women and men has been significantly enhanced by the creation of these national-level institutions. National machineries for the advancement of women were initially conceived at the World Conference on the International Women's Year held in Mexico City in 1975 and since then have been considered systematically by world conferences on women in Copenhagen (1980), Nairobi (1985), and Beijing (1995), as well as the sessions of the Commission on the Status of Women. The twenty-third special session of the General Assembly in Beijing reiterated the significant role that national machineries play in promoting equality between women and men, gender mainstreaming, and monitoring of the implementation of the Beijing Platform for Action as well as the Convention on the Elimination of All Forms of Discrimination against Women. There has been a long-standing need for a volume to bring together discussions on theory and practice as well as comparative analysis and in-depth case studies of national machineries; this book responds to that need.

The Expressive Powers of Law: Theories and Limits

Abstract: When asked why people obey the law, legal scholars usually give two answers Law deters illicit activities by specifying sanctions, and it possesses legitimate authority in the eyes of society Richard McAdams shifts the prism on this familiar question to offer another compelling explanation of how the law creates compliance: through its expressive power to coordinate our behavior and inform our beliefsPeople seek order, and they sometimes obtain a mutually shared benefit when each expects the other to behave in accordance with law Traffic regulations, for example, coordinate behavior by expressing an orderly means of driving A traffic sign that tells one driver to yield to another creates expectations in the minds of both drivers and so allows each to avoid collision McAdams generalizes from traffic to constitutional and international law and many other domains In addition to its coordinating function, law expresses information Legislation reveals something important about the risks of the behavior being regulated, and social attitudes toward it Anti-smoking laws, for example, signal both the lawmakers recognition of the health risks associated with smoking and the public s general disapproval This information causes individuals to update their beliefs and alter their behaviorMcAdams shows how an expressive theory explains the law s sometimes puzzling efficacy, as when tribunals are able to resolve disputes even though they lack coercive power or legitimacy The Expressive Powers of Law" contributes to our understanding of the mechanisms by which law simply by what it says rather than what it sanctions generates compliance"

Ethical Considerations: Research with People in Situations of Forced Migration

Abstract: Research can contribute to better understanding of the forced migration experience to inform policy and programming, but it can also cause inconvenience and harm to research respondents. [1] In situations of forced migration, the stakes are particularly high because of precarious legal status, unequal power relations, far-reaching anti-terrorism legislation, and the criminalization of migration. In response, the Canadian Council for Refugees, York University’s Centre for Refugee Studies, and the Canadian Association for Refugee and Forced Migration Studies collaborated to complement established ethical principles with specific ethical considerations for research with people in situations of forced migration. This document highlights our guiding principles and applies the ethical concepts of voluntary, informed consent; respect for privacy; and cost-benefit analysis. It is of relevance to anyone involved in gathering information—whether in an academic or community setting—and those who are asked to take part in research. [1] Recognizing power relations inherent in facilitating true participation, this document uses the term respondent to indicate those individuals who are providing information as part of the research. In some ethics documents, the term human subject is used.

New protein sources and food legislation: the case of edible insects and EU law

Abstract: Growing global food demand has generated a greater interest in the consumption of new and diversified protein sources. Novel foodstuffs represent a challenge for food law as they need proper safety assessments before obtaining market permission. The case of edible insects and European law is a good representation of this issue because a selection of food grade insect species may be available on the European market in the coming years. However, European legislation does not explicitly address edible insects. Consequently, this has left a grey area, allowing different interpretations of the legislation among Member States. The aim of this paper is to analyse the challenge of the safe management of edible insects in the context of the current legal framework. The current Novel Food legislation, as well as the forthcoming version of the legislation, will be analysed and discussed in relation to edible insects. Particular attention will be paid to the evolution of legislation and to the experiences of both EU and non-EU countries. In recent years, a number of different stakeholders have supported the legalization of edible insect consumption in Europe, but market permission is just the first step towards a new framework for a novel food in a regulatory context. Once admitted, edible insects require proper rules to assure consumers and stakeholders of their benefits and safety. This overview highlights the need to develop clearer legislation to govern the future production and consumption of new food in Europe, provide guarantees to producers, and achieve consumer protection.

Property rights and eminent domain

Abstract: In a country built on the institution of private property, property-owner rights have been under attack. By arguing that private property is a fundamental liberty whose protection deserves the highest priority, Ellen Frankel Paul challenges one of the dominant trends of the past half century: the erosion of property rights via zoning and land use restrictions, carried on by government exercising its "police power" or promoting "the public interest." Paul begins by examining the arguments of environmentalists in support of land-use legislation, and explores a few particularly troubling examples of the exercise of eminent domain and police powers. She traces the philosophical arguments for the two powers as well as their tortuous judicial history, the meaning of property rights and investigates how previous thinkers have defended these rights is detailed, and Paul suggests a more adequate defense for them. In the concluding portion of the book, the very legitimacy of eminent domain is questioned and the author offers recommendations for its reform. This analysis is wide in scope and makes creative use of historical, legal, economic, and philosophic methodologies. It not only gives an account of the present power regulations on land, but also provides an exhaustive history of the development of the law in these two areas and of the philosophical ideas of the thinkers who helped shape this process. This book is distinctive because it places a theory of the just acquisition of property at the heart of the answer to the question of the extent to which governments can rightfully exercise the powers of eminent domain and police. "Amazingly, in a country built on the institution of private property, the right to property in land has been under increasing assault, and has seldom been defended. Paul's book--by arguing that private property is a fundamental liberty whose protection deserves the highest priority--is a major step toward filling the void."--Robert Hessen, Stanford University

Promoting and Protecting Public Health: How the European Union Pharmacovigilance System Works

Abstract: This article provides an overview of the European Union pharmacovigilance system resulting from the rationalisation and strengthening delivered through the implementation of the revised pharmacovigilance legislation. It outlines the system aims, underlying principles, components and drivers for future change. At its core, the Pharmacovigilance Risk Assessment Committee is responsible for assessing all aspects of the risk management of medicinal products, thus ensuring that medicines approved for the European Union market are optimally used by maximising their benefits and minimising risks. The main objectives of the system are to promote and protect public health by supporting the availability of medicines including those that fulfil previously unmet medical needs, and reducing the burden of adverse drug reactions. These are achieved through a proactive, risk proportionate and patient-centred approach, with high levels of transparency and engagement of civil society. In the European Union, pharmacovigilance is now fully integrated into the life cycle of medicinal products, with the planning of pharmacovigilance activities commencing before a medicine is placed on the market, and companies encouraged to start planning very early in development for high-innovation products. After authorisation, information on the safety of medicines continues to be obtained through a variety of sources, including spontaneous reports of adverse drug reactions or monitoring real-world data. Finally, the measurement of the impact of pharmacovigilance activities, auditing and inspections, as well as capacity building ensure that the system undergoes continuous improvement and can always rely on the best methodologies to safeguard public health.