Showing papers on "Legislation published in 2019"

Same-sex marriage legalization associated with reduced implicit and explicit antigay bias

Abstract: The current research tested whether the passing of government legislation, signaling the prevailing attitudes of the local majority, was associated with changes in citizens’ attitudes. Specifically, with ∼1 million responses over a 12-y window, we tested whether state-by-state same-sex marriage legislation was associated with decreases in antigay implicit and explicit bias. Results across five operationalizations consistently provide support for this possibility. Both implicit and explicit bias were decreasing before same-sex marriage legalization, but decreased at a sharper rate following legalization. Moderating this effect was whether states passed legislation locally. Although states passing legislation experienced a greater decrease in bias following legislation, states that never passed legislation demonstrated increased antigay bias following federal legalization. Our work highlights how government legislation can inform individuals’ attitudes, even when these attitudes may be deeply entrenched and socially and politically volatile.

Effectiveness of Technology Transfer Policies and Legislation in Fostering Entrepreneurial Innovations across Continents: An overview

Abstract: The purpose of this article and the special issue is to improve our understanding of the theoretical, managerial, and policy implications of the effectiveness of technology transfer policies on entrepreneurial innovation. We accomplish this objective by examining the relationship between entrepreneurship, innovation and public policies in the 186 papers published from 1970 to 2019. Our analysis begins by clarifying the definition of entrepreneurial innovations and outlining the published research per context. We then present the seven papers that contribute to this special issue. We conclude by outlining an agenda for additional research on this topic.

Gender policies on board of directors and sustainable development

Abstract: Gender policies concerning the composition of board of directors are included in the legislation of many countries, especially promoted by the European Commission to reach gender equality in the processes of decision making. On the other hand, in the last decades, sustainable development problems caused by economic progress have enhanced the interest in environmental policies. Using the data from top Spanish listed companies, from 2003 to 2017, we test if the higher number of women on their board influences corporate social responsibility (CSR), through the disclosure of reports following the Global Reporting Initiative guidelines and the inclusion in the Dow Jones Sustainability Index. By using probit models and instrumental variable estimation to address endogeneity and reverse causality problems, we find that the female presence in management positions is positively linked to a voluntary disclosure of CSR reports and the inclusion in a sustainability index, which supports gender legislation.

The impact of university focused technology transfer policies on regional innovation and entrepreneurship

Abstract: Within the technology transfer field, there have been numerous empirical studies taking US data and context that have examined the impact and effect of government legislation aimed at supporting effective technology transfer, particularly from universities and federal research laboratories to the market. However, there is a paucity of such studies in other geographical domains. Existing studies have further not focused on examining the simultaneous effects on entrepreneurial and innovative outcomes of university focused technology transfer policies. We address these research gaps by examining the effects of a far-reaching legislation change in Germany, reforming the old ‘professor’s privilege’ (Hochschullehrerprivileg). The purpose of this paper is to investigate whether regional entrepreneurial and innovative outcomes have been affected by this legislative change in intellectual property rights of inventions made by scientists. Our results suggest that this legislative change did have an initial positive effect on universities as measured by start-ups and patents. The effect yet changed over time, leading to some unintended consequences. Our paper argues that policy makers and legislators need to give consideration to the replication of policy and legislative instruments from other contexts along with the criteria that are used to measure success.

Principles of Water Law and Administration: National and International, 3rd Edition

Abstract: A multidisciplinary text, considering both general issues and principles of water law and administration at national and international level, dealing with current legal and institutional aspects of water resources management. New information has been added in this latest edition, including the situation in countries previously a part of the former Soviet Union. Added emphasis is given to areas of growing topical importance, such as stakeholders' influence on decisions, the need to maintain a minimum flow in water bodies and the necessity for legislation in support of water resource monitoring. There is new material on the European Union Water Framework Directive which is referenced heavily in the work. The book is aimed at those who carry out functions in water resources administration and those who deal with legal issues raised by water management. The book will be particularly useful to academics and graduate students of law, engineering, hydrology, hydrogeology, sanitary engineering and planners, as well as national and international water resources managers.

Contract Law: Principles and Context

Abstract: Contract Law: Principles and Context presents the development of contract law through a considered selection of cases that are both authoritative and used as factual examples to explain the law. The text introduces readers to the nature and range of contracts, the process for making a contract, rights and duties, adjustments to contracts, vitiating factors and unfair conduct, ending contracts, and remedies and restitution. The text considers the historical development of contracts through case law and legislation, then takes the reader to particular issues with contracts as they might arise in real life and navigates a legal pathway through them. Written in a clear and engaging style, Contract Law provides a fresh, topical and accessible account of the Australian law of contract, and is an invaluable resource for contract law students and practitioners.

How to Save Bike-Sharing: An Evidence-Based Survival Toolkit for Policy-Makers and Mobility Providers

Abstract: A new mobility ethos is needed for cities looking to overcome the problems that have been accumulated for decades by a transport paradigm that prioritises automobiles over people. Bike-sharing, a measure promoting voluntary travel behaviour change, could be part of a refined toolbox that will help in forging this new ethos. Despite a rapid emergence during the last handful of years, as evidenced by 1956 operational local schemes and approximately 15,254,400 self-service public use bicycles across the world, bike-sharing has been attracting negative attention lately. Tens of schemes have closed down, deemed as financial or operational failures, stigmatising bike-sharing’s brand and putting the future of the concept itself in jeopardy. However, discounting bike-sharing as flawed may not be fair or accurate. This paper identifies a formula of success for bike-sharing operations based on a state-of-the-art case study analysis, which is supported by primary data evidence from two survey-based studies in Sweden and Greece. This paper suggests that residents in cities hosting or looking to host bike-sharing schemes are usually very supportive of them but not always likely to use them. More importantly, this paper delivers some key policy and business lessons that form a survival guide for effectively introducing and running public bicycle schemes. These lessons include, among others, the need for: tailoring the system design and expansion strategy according to the host city needs, city-operator and commercial partner synergies, more bike-friendly infrastructure and legislation, pro-active cultural engagement, anti-abuse measures, enhanced fleet management and realistic profit expectations.

Accounting for modern slavery: an analysis of Australian listed company disclosures

Abstract: Given the impending introduction of legislation requiring large Australian listed companies to make supply chain disclosures about modern slavery, the paper aims to reveal current voluntary practice. The purpose of this paper is to provide a benchmark for assessing the current engagement of large companies with modern slavery in Australia.,Institutional theory provides the foundation for assessing current voluntary practice in relation to modern slavery disclosures by large Australian listed companies. Content analysis is used to identify quantity and quality of modern slavery disclosures of the top 100 companies listed on the Australian Stock Exchange. The contents of annual and standalone reports available on websites, as well as other online disclosures, are examined using terms associated with modern slavery identified from the literature.,Evidence gathered about modern slavery disclosures by ASX 100 companies shows information in annual and standalone reports reveal far less than other disclosures on company websites. Overall, the volume and quality of disclosures are low and, where made, narrative. A wide range of themes on modern slavery are disclosed with bribery and corruption and human rights issues dominant. Although currently in line with institutional theory, as there appear to be mimetic processes encouraging disclosure, results support the idea that legislation is needed to encourage further engagement.,The paper provides a baseline of understanding about the volume and quality of modern slavery disclosures as a foundation for future research into the practices of Australian companies prior to the signalled introduction of legislation mandating reporting. It also identifies potential lines of research. The sample only examines large Australian listed companies which restricts generalisation from the results.,This is the first academic research paper to examine quantity and quality of modern slavery disclosures of large Australian companies. Results add support for the introduction of legislation by government.

Mental Healthcare Act 2017 – Aspiration to action

Abstract: There is no health without mental health. Recently conducted National Mental Health Survey quoted a prevalence of 13.7% lifetime and 10.6% current mental morbidity. To address this mammoth problem, an aspirational law was enacted titled “Mental Healthcare Act, 2017” (MHCA 2017). The act is progressive and rights based in nature. The whole dedicated Chapter 5 on “Rights of the person with mental illness” is the heart and soul of this legislation. However, the act mainly focuses on the rights of the persons with mental illness (PMI), only during treatment in hospital but is not equally emphatic about continuity of treatment in the community. The act fails to acknowledge and foster the role and contribution of family members in providing care to PMI. Although there are many positive aspects to the MHCA 2017, it may impact adversely on the mental health care in India. This article focuses on the shortcomings and challenges of the act and also makes attempts to offer alternatives considering the available resources and ground reality. Concepts such as “Advance directives” and “Nominated representatives” appear to be very attractive, idealistic, and aspirational, but not evidenced based in the Indian context considering the resources. The act fails to make an impact even after 22 months to attain the goal, and will require pervasive efforts to fulfil a purpose that directs its development. This law needs to be amended as per the local resources and requirements of the society.

The domestic politics of corporate accountability legislation: struggles over the 2015 UK Modern Slavery Act

Abstract: Over the last decade, the norm of corporate accountability for labour standards in global supply chains has become increasingly prominent within the transnational governance arena. As global governance initiatives to spur due diligence for labour standards and combat exploitation in global supply chains— especially its most severe forms frequently described as modern slavery— have proliferated, societal coalitions have pressured states to pass domestic legislation to the same effect. In this paper, we examine the regulatory processes that spurred the passage of one piece of anti-slavery legislation, the United Kingdom’s 2015 Modern Slavery Act. Our findings corroborate a number of established expectations regarding business opposition towards new legislation to raise public labour standards, but also provide a clearer picture of the mechanisms through which industry actors impact policymaking processes. Paradoxically, such mechanisms include business actors’ championing of weak regulatory initiatives, CSR activity, and partnering with civil society organizations. Understanding industry actors’ use of these strategies improves our understanding of how transnational norms of corporate accountability and anti-slavery are being contested and shaped at domestic scales.

Mental health services in the Philippines.

Abstract: National information on mental health services in the Philippines indicates that there are substantial gaps and inconsistencies in the delivery of mental healthcare. The recently enacted Mental Health Act legislation provides a platform for the delivery of comprehensive and integrated mental health services. However, there remain many challenges in the provision of accessible and affordable mental healthcare.

Policy Evolution under the Clean Air Act

Abstract: The US Clean Air Act, passed in 1970 with strong bipartisan support, was the first environmental law to give the federal government a serious regulatory role, established the architecture of the US air pollution control system, and became a model for subsequent environmental laws in the United States and globally. We outline the act's key provisions, as well as the main changes Congress has made to it over time. We assess the evolution of air pollution control policy under the Clean Air Act, with particular attention to the types of policy instruments used. We provide a generic assessment of the major types of policy instruments, and we trace and assess the historical evolution of the Environmental Protection Agency's policy instrument use, with particular focus on the increased use of market-based policy instruments, beginning in the 1970s and culminating in the 1990s. Over the past 50 years, air pollution regulation has gradually become more complex, and over the past 20 years, policy debates have become increasingly partisan and polarized, to the point that it has become impossible to amend the act or pass other legislation to address the new threat of climate change.

Cost estimation for the implementation of the Mental Healthcare Act 2017

Abstract: The Mental Healthcare Act, 2017 (MHCA) was a step that was essential, once the Government of India ratified the United Nations Convention on the Rights of Persons with Disabilities in 2007. The MHCA looks to protect, promote, and fulfill the rights of persons with mental illness (PMI) as stated in the preamble of the Act. Further, there is an onus on the state to provide affordable mental health care to its citizens. In India, mental health has always been a lesser priority for lawmakers and citizens alike. The rights-based MHCA looks to overhaul the existing system by giving prominence to autonomy, protecting the rights of the mentally ill individuals, and making the State responsible for the care. The decision to make all this happen is commendable. The annual health expenditure of India is 1.15% of the gross domestic product, and the mental health budget is <1% of India's total health budget. This article systematically analyses and describes the cost estimation of the implementation of MHCA 2017, and it is not an estimation of mental health economics. The conservative annual estimated cost on the government to implement MHCA, 2017 would be 94,073 crore rupees. The present study estimation depicts that investing in the implementation of MHCA, 2017 by the government will yield 6.5 times the return on investment analysis benefit. If the State is not proactive in taking measures to implement the MHCA, the rights promised under this legislation will remain aspirational.

Manufacturers’ Competition and Cooperation in Sustainability: Stable Recycling Alliances

Abstract: Rather than organizing disposal of consumer-generated waste themselves, many states and countries have passed legislation that makes producers responsible for the proper disposal (i.e., recycling) ...

Disability in Higher Education: A Social Justice Approach

Abstract: Federal legislation has been passed to address the rights of individuals with disabilities within educational systems and workplaces. As the number of students with disabilities on college campuses...

E-Commerce: Concept and Legal Regulation in Modern Economic Conditions

Abstract: The article is dedicated to the study of the essence of the concept of e-commerce and the features of its legal regulation. Based on the study of the views of scientists in the context of the phenomenon under study, the concept of e-commerce and the technological basics of its operation were defined. It was established within the framework of the activities of which bodies at the international level the settlement of legal issues related to e-commerce and the priority directions of such activities are carried out. In particular, attention was paid to regulatory documents in the field of e-commerce regulation of such specialized world organizations as the European Union, the UN Commission on International Trade Law, the UN Economic Commission for Europe and the UN Center for Trade Facilitation and E-business, the World Labor Organization. The analysis of the norms of the current legislation of Ukraine, defining the organizational and legal framework of activities in the field of electronic commerce, establishing the procedure for conducting electronic transactions using information and telecommunication systems was carried out. Given the legislative definition of the concepts of "electronic commerce" and "electronic trade", a distinction wass made between them.

Legal personality and economic livelihood of the Whanganui River: a call for community entrepreneurship

Abstract: Legislation in New Zealand dictates that the Whanganui River is a living entity and a legal person. Guardians uphold the river’s environmental, social, cultural and economic well-being. We provide ...

The Civil Rights Act

Abstract: The Civil Rights Act of 1964 is comprehensive federal anti-discrimination legislation that applies based on race, color, religion, and national origin. This article focuses on the impacts of four main aspects of the Civil Rights Act: public education and employment opportunities directly included in its language, and the related benefits of housing and income opportunities. The article assesses the current state in these four areas in the United States, and evaluates what still needs to be done to achieve the goals of the Civil Rights Act.

How State Education Agencies Are Administering School Turnaround Efforts: 15 Years After No Child Left Behind:

Abstract: School turnaround—the rapid improvement of student achievement in low-performing schools—is increasingly a major topic of interest in K-12 public education. Federal legislation has left varying deg...

Gender Stereotypes and the Policy Priorities of Women in Congress

Abstract: Scholars find that women who run for Congress are just as likely to win as men are, yet women face considerable challenges related to their sex on the campaign trail. Women are more likely to face challengers than men are, the challengers they face are typically more qualified, and gender stereotypes paint women as less able to handle important issues like defense and foreign affairs. We examine how women succeed in the face of these obstacle, arguing that women are successful, in part, because they craft large, diverse legislative agendas that include bills on a mix of topics. These topics include district interests, women’s interests, and the masculine issues on which women are disadvantaged. We believe this balancing strategy allows women to develop reputations for competence on a wide range of issues, which in turn, helps them deter electoral challengers. We test our hypotheses by analyzing a comprehensive database of all bills introduced in the U.S. House between 1963 and 2009. We find that female MCs propose more bills, spread across more issues, than do men. Further, the topics of the bills women sponsor span a range of women’s issues, masculine issues, and gender-neutral topics—giving support to the idea that women balance their legislative portfolios. Finally, we examine the electoral benefits to women of this strategy by analyzing rates of challenger emergence in Congressional races. We find that women must introduce twice as much legislation as men to see the probability of challenger emergence decrease to a level that is indistinguishable from that of men. The added effort and staff hours female MCs typically devote to crafting legislation, vis-a-vis male MCs, only serves to put them on equal footing with men. It does not give them an advantage.

Globalisation of education policies: does PISA have an effect?

Abstract: The paper examines the role of PISA in the globalisation of education policies. It approaches the question by assessing the effects of PISA on the ways in which new legislation was debated in national contexts in the period 1994–2013. The study asks: Has there been an increase in the number of references to the international community in debates on education policy due to PISA, and, if so, is this change confined to debates on education policy? Our analysis shows that education policy debates feature an increasingly global discourse in which organisations such as the OECD have an authoritative role. Yet, our findings do not support the claim that PISA is the cause of a change in this respect. Debating national policies in a global context and utilising the same transnational discourses regardless of the policy issue area in question has long been with us, yet there is a global trend in which national policies are increasingly often debated through appeals to models and policy advice promulgated by...

When Do International Treaties Matter for Domestic Environmental Legislation

Abstract: While thousands of international treaties have been concluded, it remains unclear whether they have been implemented. This article investigates the relationship between the conclusion of environmen...

Administrative “states” of judicial policy on gender-motivated violence

Abstract: The paper focuses on a decade-long battle (1990–2000) involving feminist lawyers/activists, members of Congress, and the federal courts over creating a civil right to be free from “gender-motivated violence,” as defined by the 1994 Violence Against Women Act (VAWA). It offers an interpretative sociolegal analysis of civil rights policymaking in a political time when judicial conservatism re-emerges (late twentieth century) and effectively competes for control over the administrative state, from the bench as well as off the bench. In this political time, judicial conservatives mobilize “judicial administration” norms for the purpose of expanding the judiciary’s institutional role in shaping civil rights legislation. Conservative judges and Justices frame/reinterpret “gender-motivated violence” through a series of administrative justifications (e.g., caseload crisis, originalism). Rather than “weakening” the New Deal - Great Society administrative state, as much of the “judicial backlash” literature suggests, I argue that judicial administration resources, as deployed by the judicial branch, leveraged a historic challenge to the entrenched “comprehensive rational policymaking” regime that had structured much of U.S. civil rights policy through the 1960s and 1970s.

Legal Principles Under Criminal Law in Indonesia Dan Thailand

Abstract: The principle of legality is known in modern criminal law emerge from the scope of sociological Enlightenment doctrine that exalts the protection of people from abuse of power. Before coming Age of Enlightenment, the power to punish even without any regulations first. At that time, tastes kekuasaanlah most right to determine whether an act to be punished or not. To combat that, exists the principle of legality which is an important instrument of the protection of individual liberties in the face of the country. Thus, what is called the action that can be put into a regulatory authority, not power. According to legal experts, the roots of the idea of the principle of legality is derived from the provisions of Article 39 of the Magna Carta (1215) in the United Kingdom which ensure the protection of people from arrest, detention, seizure, disposal, and release of a person from the protection of the law / legislation, unless there is a judicial decision legitimate. This provision is followed Habeas Corpus Act (1679) in the UK that requires someone who is arrested is checked in a short time. This idea inspired the emergence of one of the provisions in the Declaration of Independence (1776) in the United States that says, no one should be prosecuted or arrested in addition to, and because of the actions set out in, legislation. Keywords: Principle of Legality; Criminal law; Indonesia; Thailand.

From Human Trafficking to Modern Slavery: The Development of Anti-Trafficking Policy in the UK

Abstract: The UK Modern Slavery Act 2015 is the first national legislation to use the term ‘modern slavery’ and to explicitly target ‘slavery’ as opposed to ‘human trafficking’, ‘forced labour’, or other terms. This article explains the development of UK modern slavery policy, which did not arise as a rational response to a defined problem, but has gradually emerged from the policy process as a moderately structured problem. Problem structuring took place in two phases. The first phase was marked by a series of problematisations and policy responses, with disjunctions between the constructed policy problem and the social problem. Elite problematisations excluded alternatives, although the final shape of policy remained open. Policy built up incrementally, running ahead of research so that the policy frame was limited to sexual exploitation while marginalising labour exploitation concerns. In the second phase, unresolved problems of legislation were questioned under the influence of a new moralistic policy frame, an international discourse on slavery, supported by elite political actors. Campaign groups and licit industry also became more influential, increasing the policy scope to take in more types of exploitation. This generated a second round of legislative problematisation, ultimately embedded in the Modern Slavery Act 2015. The two-phase process and prevailing top-down policy direction worked against human rights discourses and victim protection. Modern slavery remains a moderately structured problem, with more work necessary to address unintended consequences and implementation difficulties, including enhancing multi-agency working.

A Comparative Analysis of the Legislation Evolution for Drone Use in OECD Countries

Abstract: Drones have been employed for multiple uses, such as for military, surveillance, recreational, scientific, and research purposes. Their presence inside civil areas has necessitated the need to regulate their use. Towards this direction, many countries worldwide have issued national legislations, which vary on vehicle categorization according to the size, weight, flight altitude, purpose of use, and restrictions. In this study, we pursued the first comparative analysis of the Organization for Economic Co-operation and Development (OECD) countries’ national legislations, in order to explore the similarities and differences in drone use and recommend improvements and homogenization. Some of the examined countries issued legislation during recent years of drone application, while others amended their existing legislative framework in order to catch up with drone technology evolution. Although from the 35 OECD countries 22 belong to the European Union, we observed much diversity among national legal frameworks. The intensive use of drones has led to severe ethical dilemmas that policy makers will need to address in the near future. We conclude with a proposal regarding the basic legislation for different uses according to the criteria that have been developed so far, followed by limitations and restrictions.