Showing papers on "Legislation published in 2021"

Legal status of a renewables self-consumer under Polish law in light of Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources

Abstract: The rapid spread of RES technologies, due to regulatory pressure and a dramatic decrease in their construction and operation costs, makes it possible for citizens to become active participants in the energy market. European Union’s legislation demands that citizens should be empowered to actively participate in the energy market by responding to market signals and in return benefit from lower electricity prices or other incentives. The aim of the article is to present and evaluate the concept of the renewables self-consumer regulated in the Polish Renewable Energy Sources Act in the light of the content of Directive (EU) 2018/2001 of the European Parliament and of the Council of 11th December 2018 on the promotion of the use of energy from renewable sources.

Assisted dying around the world: a status quaestionis

Abstract: Assisted dying practices, which include euthanasia and physician-assisted suicide (PAS), have expanded significantly around the world over the past 20 years. Euthanasia refers to the act of intentionally ending the life of a patient by a health care practitioner through medical means at that patient's explicit request while PAS involves the provision or prescribing of drugs by a health care practitioner for a patient to end their own life. The growing global aging population accompanied by higher levels of chronic disease and protracted illnesses have sharpened the focus on end of life issues and societal and legislative debates continue to address related moral and ethical complexities. Assisted dying practices are now legal in 18 jurisdictions, increasing the number of people with access to euthanasia and/or physician-assisted suicide (PAS) to over 200 million. New legislation is being crafted or considered in Portugal, Spain and 16 US states. Germany has recently overturned a ban on assisted dying services and New Zealand will put legalization of euthanasia to a vote in 2020. Assisted dying practice characteristics differ and there is also considerable variation in the terminology and labels used for assisted dying, which can add to the confusion and controversy around the practices. Frequency of use also varies greatly by jurisdiction, though a consistent increase has been seen in European countries including Belgium, the Netherlands and Switzerland as well as some jurisdictions with long-standing physician assisted dying laws, such as Oregon and Washington. All assisted dying legislation includes substantive and procedural requirements, such as minimum age, waiting period, health condition, physician consultation and reporting procedure, however, some are extensive and detailed while others are more limited. As access to assisted dying expands in new and existing jurisdictions, research must also expand to diligently examine the impact on patients, specifically among vulnerable populations, as well as on health care practitioners, health care systems and communities. This article will provide a thorough investigation, or 'status quaestionis' of the terminology, evolution and current legislative picture of assisted dying practices around the globe and contribute to the ongoing ethical, regulatory and practice debate, which have become increasingly important considerations for medical practice, end-of-life care and public health.

Unmanned Aerial Vehicles in Agriculture: A Survey

Abstract: The number of tasks that nowadays are accomplished by using unmanned aerial vehicles is rising across many civil applications, including agriculture. Thus, this work aims at providing the reader with an overview of the agronomical use of unmanned aerial vehicles. The work starts with a historical analysis of the use of aircrafts in agriculture, as pioneers of their use in modern precision agriculture techniques, currently applied by a high number of users. This survey has been carried out by providing a classification of the vehicles according to their typology and main sensorial and performance features. An extensive review of the most common applications and the advantages of using unmanned aerial vehicles is the core of the work. Finally, a brief summary of the key points of the legislation applicable to civil drones that could affect to agricultural applications is analyzed.

A Declaration of the Independence of Cyberspace

Abstract: Yesterday, that great invertebrate in the White House signed into the law the Telecom “Reform” Act of 1996, while Tipper Gore took digital photographs of the proceedings to be included in a book called “24 Hours in Cyberspace.” I had also been asked to participate in the creation of this book by writing something appropriate to the moment. Given the atrocity that this legislation would seek to inflict on the Net, I decided it was as good a time as any to dump some tea in the virtual harbor. After all, the Telecom “Reform” Act, passed in the Senate with only 5 dissenting votes, makes it unlawful, and punishable by a $250,000 to say “shit” online. Or, for that matter, to say any of the other 7 dirty words prohibited in broadcast media. Or to discuss abortion openly. Or to talk about any bodily function in any but the most clinical terms. It attempts to place more restrictive constraints on the conversation in Cyberspace than presently exist in the Senate cafeteria, where I have dined and heard colorful indecencies spoken by United States senators on every occasion I did. This bill was enacted upon us by people who haven’t the slightest idea who we are or where our conversation is being conducted. It is, as my good friend and Wired Editor Louis Rossetto put it, as though “the illiterate could tell you what to read.” Well, fuck them. Or, more to the point, let us now take our leave of them. They have declared war on Cyberspace. Let us show them how cunning, baffling, and powerful we can be in our own defense. I have written something (with characteristic grandiosity) that I hope will become one of many means to this end. If you find it useful, I hope you will pass it on as widely as possible. You can leave my name off it if you like, because I don’t care about the credit. I really don’t. But I do hope this cry will echo across Cyberspace, changing and growing and self-replicating, until it becomes a great shout equal to the idiocy they have just inflicted upon us. I give you... A Declaration of the Independence of Cyberspace

Ethics as a service: a pragmatic operationalisation of AI Ethics

Abstract: As the range of potential uses for Artificial Intelligence (AI), in particular machine learning (ML), has increased, so has awareness of the associated ethical issues This increased awareness has led to the realisation that existing legislation and regulation provides insufficient protection to individuals, groups, society, and the environment from AI harms In response to this realisation, there has been a proliferation of principle-based ethics codes, guidelines and frameworks However, it has become increasingly clear that a significant gap exists between the theory of AI ethics principles and the practical design of AI systems In previous work , we analysed whether it is possible to close this gap between the ‘what’ and the ‘how’ of AI ethics through the use of tools and methods designed to help AI developers, engineers, and designers translate principles into practice We concluded that this method of closure is currently ineffective as almost all existing translational tools and methods are either too flexible (and thus vulnerable to ethics washing) or too strict (unresponsive to context) This raised the question: if, even with technical guidance, AI ethics is challenging to embed in the process of algorithmic design, is the entire pro-ethical design endeavour rendered futile? And, if no, then how can AI ethics be made useful for AI practitioners? This is the question we seek to address here by exploring why principles and technical translational tools are still needed even if they are limited, and how these limitations can be potentially overcome by providing theoretical grounding of a concept that has been termed ‘Ethics as a Service’

Understanding Revenge Pornography: A National Survey of Police Officers and Staff in England and Wales:

Abstract: Online abuse, facilitated via social media and mobile technologies, has recently attracted considerable academic attention. The nonconsensual sharing of intimate images-revenge pornography-can have a devastating effect on victims, is a global problem, and constitutes interpersonal violence. The national helpline in the United Kingdom has now received over 7,000 calls. In the United Kingdom, new legislation making revenge pornography a crime was introduced in 2014, yet the police do not always respond appropriately to victims. This article presents the findings of a national online survey of police understanding of revenge pornography, undertaken in the United Kingdom in March 2017. The study set out to investigate police knowledge of revenge pornography legislation, their confidence in responding to cases of revenge pornography, and what level of training they had received. A total of 783 members of the police force responded to the survey and, to the authors' knowledge, this the first study to seek to quantify the understanding of revenge pornography by police officers and staff in England and Wales. The findings suggest that the police in the United Kingdom have a limited understanding of revenge pornography legislation and lack confidence both in investigating cases and in effectively responding to victims. The implications of the study demonstrate that there is an urgent need for training across police forces to ensure that cases of revenge pornography are appropriately responded to, victims are safeguarded, and offenders brought to justice.

An international survey on AI in radiology in 1041 radiologists and radiology residents part 2: expectations, hurdles to implementation, and education

Abstract: Currently, hurdles to implementation of artificial intelligence (AI) in radiology are a much-debated topic but have not been investigated in the community at large. Also, controversy exists if and to what extent AI should be incorporated into radiology residency programs. Between April and July 2019, an international survey took place on AI regarding its impact on the profession and training. The survey was accessible for radiologists and residents and distributed through several radiological societies. Relationships of independent variables with opinions, hurdles, and education were assessed using multivariable logistic regression. The survey was completed by 1041 respondents from 54 countries. A majority (n = 855, 82%) expects that AI will cause a change to the radiology field within 10 years. Most frequently, expected roles of AI in clinical practice were second reader (n = 829, 78%) and work-flow optimization (n = 802, 77%). Ethical and legal issues (n = 630, 62%) and lack of knowledge (n = 584, 57%) were mentioned most often as hurdles to implementation. Expert respondents added lack of labelled images and generalizability issues. A majority (n = 819, 79%) indicated that AI should be incorporated in residency programs, while less support for imaging informatics and AI as a subspecialty was found (n = 241, 23%). Broad community demand exists for incorporation of AI into residency programs. Based on the results of the current study, integration of AI education seems advisable for radiology residents, including issues related to data management, ethics, and legislation. • There is broad demand from the radiological community to incorporate AI into residency programs, but there is less support to recognize imaging informatics as a radiological subspecialty. • Ethical and legal issues and lack of knowledge are recognized as major bottlenecks for AI implementation by the radiological community, while the shortage in labeled data and IT-infrastructure issues are less often recognized as hurdles. • Integrating AI education in radiology curricula including technical aspects of data management, risk of bias, and ethical and legal issues may aid successful integration of AI into diagnostic radiology.

The European Legislation on AI: a Brief Analysis of its Philosophical Approach.

Abstract: On 21 April 2021, the European Commission published the proposal of the new EU Artificial Intelligence Act (AIA) — one of the most influential steps taken so far to regulate AI internationally. This article highlights some foundational aspects of the Act and analyses the philosophy behind its proposal.

Higher Education in the Information Age.

Abstract: College and university education has long been a material and intellectual luxury in American life. Fewer than 38 percent of Americans have ever attended college, and only about half that number hold bachelor's degrees. While post-World War Two legislation greatly democratized higher education, the editors of this volume contend that the system has never been a public stewardship. Many universities are devoted to private sector research rather than public learning, to productivity rather than democratic discourse, and because of diminished financial opportunities, increasingly exclude poor, working and lower middle class students, many of them people of color. The contributors to this volume recognize that the American system of higher education is the most open and egalitarian in the world. Largely for this reason, it is the only American institution which today enjoys a positive balance of trade. Many more foreign students come to study at American universities than do Americans go to study abroad. The study of higher education in an information age means examining higher education. The place of economics in decision-making is as a vehicle for social mobility. The volume covers a myriad of themes: the role of media ranking universities, and their contribution to low expectations of universities; the disjunction between massive support for college and university sports events and the intellectual and presumed academic missions of these institutions of higher learning; and boosterism as a general phenomenon in funding. Yet, editors and contributors alike emphasize new currents in the educational agenda. The essays cover efforts to close the gap between the mutual recriminations of universities and media leaders. The theme of this volume is that there is a crisis in higher education and a crisis hi knowledge--who produces it, controls it, uses it, and benefits by it. Properly understood, the issues common to both higher education and the media have profound implications for public life. This volume is critical of current practices, but also mindful that the university remains a place in which civil forms of discourse are central, and hence of great potential benefit to the dissemination of information and ideas as such. It will be of interest to professional interested hi communication and education.

Disclosure, Privacy and Workplace Accommodation of Episodic Disabilities: Organizational Perspectives on Disability Communication-Support Processes to Sustain Employment

Abstract: Purpose Employers increasingly are asked to accommodate workers living with physical and mental health conditions that cause episodic disability, where periods of wellness are punctuated by intermittent and often unpredictable activity limitations (e.g., depression, anxiety, arthritis, colitis). Episodic disabilities may be challenging for workplaces which must comply with legislation protecting the privacy of health information while believing they would benefit from personal health details to meet a worker’s accommodation needs. This research aimed to understand organizational perspectives on disability communication-support processes. Methods Twenty-seven participants from diverse employment sectors and who had responsibilities for supporting workers living with episodic disabilities (e.g., supervisors, disability managers, union representatives, occupational health representatives, labour lawyers) were interviewed. Five participants also had lived experience of a physical or mental health episodic disability. Participants were recruited through organizational associations, community networks and advertising. Semi-structured interviews and qualitative content analysis framed data collection and analyses, and mapped communication-support processes. Results Seven themes underpinned communication-support process: (1) similarities and differences among physical and mental health episodic disabilities; (2) cultures of workplace support, including contrasting medical and biopsychosocial perspectives; (3) misgivings about others and their role in communication-support processes; (4) that subjective perceptions matter; (5) the inherent complexity of the response process; (6) challenges arising when a worker denies a disability; and (7) casting disability as a performance problem. Conclusions This study identifies a conceptual framework and areas where workplace disability support processes could be enhanced to improve inclusion and the sustainability of employment among workers living with episodic disabilities.

Anti-science kills: From Soviet embrace of pseudoscience to accelerated attacks on US biomedicine.

Abstract: The United States witnessed an unprecedented politicization of biomedical science starting in 2015 that has exploded into a complex, multimodal anti-science empire operating through mass media, political elections, legislation, and even health systems. Anti-science activities now pervade the daily lives of many Americans, and threaten to infect other parts of the world. We can attribute the deaths of tens of thousands of Americans from COVID-19, measles, and other vaccine-preventable diseases to anti-science. The acceleration of anti-science activities demands not only new responses and approaches but also international coordination. Vaccines and other biomedical advances will not be sufficient to halt COVID-19 or future potentially catastrophic illnesses, unless we simultaneously counter anti-science aggression.

Why the need for consumer protection legislation? A look at some of the reasons behind the promulgation of the National Credit Act and the Consumer Protection Act

Abstract: Two statutes focusing on consumer protection have been introduced recently: the Consumer Protection Act due to come into effect in October 2010 and the National Credit Act. There are many who criticize this legislation, arguing that this will overburden the economy and will lead to significant costs for business. In this article I examine some of the reasons why the Department of Trade and Industry deemed it necessary to introduce consumer protection legislation. I conclude by arguing that despite the increased costs for business, the legislation is necessary in order to prevent the exploitation of consumers by business that presently exists in South Africa. I do not, however, seek to answer the question whether this legislation will achieve its lofty aims. This, only time will tell. However, many acknowledge that the introduction of the National Credit Act shielded South Africa from some of the worst excesses of the global recession of 2008/2009. It is hoped that the Consumer Protection Act will likewise change the way many in South Africa do business.

Tracking the geographic distribution and growth of clinicians with a DEA waiver to prescribe buprenorphine to treat opioid use disorder.

Abstract: Purpose Buprenorphine is an effective medication treatment for opioid use disorder (MOUD) but access is difficult for patients, especially in rural locations. To improve access, legislation, including the Comprehensive Addiction and Recovery Act (2016) and the Substance Use Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities (SUPPORT) Act (2018), extended the ability to get a Drug Enforcement Administration (DEA) waiver to prescribe buprenorphine to treat opioid use disorder (OUD) to numerous types of clinicians. This study updates the distribution of waivered clinicians as of July 2020 and notes regional and geographic differences. Methods Using the July 2020 Drug Enforcement Administration list of providers with a waiver to prescribe buprenorphine to treat OUD, we assigned waivered clinicians to counties in one of four geographic categories. We calculated the number of counties in each category that did not have a waivered clinician, available treatment slots, and the county provider to population ratios. Findings The number of DEA-waivered clinicians more than doubled between December 2017 and July 2020 from 37,869 to 98,344. The availability of a clinician with a DEA waiver to provide MOUD has increased across all geographic categories. Nearly two-thirds of all rural counties (63.1%) had at least one clinician with a DEA waiver but more than half of small and remote rural counties lacked one. There were also significant differences in access by the US Census Division. Conclusions Overall, MOUD access has improved, but small rural communities still experience treatment disparities and there is significant regional variation.

Does an Asset Owner’s Institutional Setting Influence Its Decision to Sign the Principles for Responsible Investment?

Abstract: From a simple idea to unite asset owners in their quest for responsible investment (RI) at its launch in April 2006, the United Nations supported Principles for Responsible Investment (PRI) have grown in just one decade into an initiative with more than 1500 fee-paying signatories. Jointly, the PRI’s signatories hold assets worth more than $80 trillion, making it one of the more prevalent not-for-profit organizations worldwide. Furthermore, the PRI’s ambitious mission to transform the financial system at large into a more sustainable one makes it a worthwhile subject of inquiry from an institutional perspective. We undertake an empirical investigation of the adoption of the PRI by asset owners during five crucial years of the association’s emergence: 2007–2011. Following a tripartite view of institutional theory proposed by Scott (Institutions and organizations. Foundations for organizational science, A Sage Publication Series, London, 1995), we explore if regulative, normative, and cultural–cognitive factors influence an asset owner’s decision to subscribe to the PRI. Applying both parametric and non-parametric survival analysis, we find that asset owners are indeed significantly affected by normative, cultural–cognitive, and regulative aspects. In particular, (i) public service employee and labor union pension funds (ii) from social backgrounds more culturally aligned with values represented by the RI movement (iii) with historically more voluntary legislation on environmental, social, and governance (ESG) issues are most likely to sign the PRI. In contrast, institutional environments with a higher number of pre-existing mandatory ESG regulation decrease the likelihood of signing the PRI. Our results indicate that normative and cultural–cognitive factors were crucial contributors to the PRI’s growth. With respect to the regulative environments, our results imply that some asset owners may use the PRI as a collective industry initiative to substitute for mandatory legislation. Conversely, a high level of historical mandatory legislation may constrain organizational resources that could otherwise be dedicated to voluntary initiatives such as PRI. Our findings are robust to relevant controls and econometric concerns.

Medical artificial intelligence: the European legal perspective

Abstract: Although the European Commission proposed new legislation for the use of "high-risk artificial intelligence" earlier this year, the existing European fundamental rights framework already provides some clear guidance on the use of medical AI.

The impact of COVID-19 on children with additional support needs and disabilities in Scotland

Abstract: Recently, as a result of international treaties and domestic legislation, children’s rights have moved to centre stage. In Scotland, under the terms of the Education (Scotland) Act 2016, those with...

Guerrilla wars in everyday public spaces : reflections and inspirations for designers

Abstract: Governments in general claim and promise to plan and design inhabitable city spaces for people. However, as we review current city projects, it is not difficult to notice that quite a lot of governments have continuously set up strategies and plans, and sought authority through legislation, to not so much design as control city spaces. When undertaking urban development projects, governments generally follow the planning principles of administrators who adhere to the deliberate forms of operational rationalism and, as a consequence, tend to neglect the human factors. They see rational planning as an active force and the only proper means of directing the community towards the ideal of social harmony. Governments also generally follow the planning principles of developers who openly maximise profit. On the other hand, in studies of the “sociology of everyday life,” sociologists such as Michel de Certeau, Henri Lefebvre, and Michel Maffesoli, point out that everyday life in modern society is organised according to a concerted programme, and that the urban setting is cybernetized. People’s everyday lives are embodied in the experience of a highly organised (or, programmed) society. These sociologists have conducted detailed studies on the everyday lives of common people (or, ordinary people), and offer designers as well as other professionals a new perspective from which to see everyday life and the responses of people to their programmed living environment. To explore this alternative perspective of theorists and sociologists, besides a literature review, longitudinal studies have been conducted along several traditional market streets in Hong Kong. These studies, which began in the early 1990s, aim to provide an in-depth investigation into users’ practices in everyday public spaces, and to shed light on design issues that are relevant to these spaces and that will generate insights for further discussion and investigation. In addition, this study also aims to help the reader become more familiar with the phenomenon so that the findings can prompt further research questions on potentially related processes and outcomes.

A multinational comparison of care-leaving policy and legislation

Abstract: Care-leavers – those transitioning from alternative care towards young adulthood – are widely recognized as a vulnerable population, yet child protection legislation seldom applies to them because they have reached adulthood. Despite this, little internationally comparative research on care-leaving policy and legislation has been conducted. This paper maps multinational policy and legislation and its impact on the services to care-leavers and the challenges they experience. An online survey was conducted with key informants in 36 countries and analysed by a multinational team of care-leaving scholars. Findings reveal that few countries have well-developed care-leaving legislation. Most countries provide little aftercare beyond the age of 18, even when legislation provides for it. Within the context of suboptimal social policy and limited aftercare services, findings also reveal high vulnerability among care-leavers. Recommendations for policy development, global dialogue, further research and advocacy are proposed.

European Company Law

Abstract: Taking a text, cases and materials approach, de Luca's successful textbook remains the only offering for students of European company law, and has been thoroughly updated in this new edition. Chapters have been expanded to cover the latest legislation and directives on cross-border mergers, the use of digital tools, and cross-border insolvency, while figures and graphs have been introduced to help illustrate complex processes and relationships. Clearly differentiated explanatory textboxes from the first edition have been revised, and allow students to quickly identify sources such as EU legislation, official documents and excerpts from scholarly papers. The book explores a diverse range of topics, from what European company law is, to the structure of the Societas Europaea Statute, capital markets and takeover law. It continues to be an essential resource for the growing number of graduate courses in European company law, European business law, and comparative corporate law.

Can artificial intelligence, RegTech and CharityTech provide effective solutions for anti-money laundering and counter-terror financing initiatives in charitable fundraising

Abstract: Artificial intelligence has had a major impact on organisations from Banking through to Law Firms. The rate at which technology has developed in terms of tasks that are complex, technical and time-consuming has been astounding. The purpose of this paper is to explore the solutions that AI, RegTech and CharityTech provide to charities in navigating the vast amount of anti-money laundering and counter-terror finance legislation in the UK; so that they comply with the requirements and mitigate the potential risk they face but also develop a more coherent and streamlined set of actions.,The subject is approached through the analysis of data, literature and, domestic and international regulation. The first part of the paper explores the current obligations and risks charities face, these are then, in the second part, set against the examination of potential technological solutions as of August 2020.,It is suggested that charities underestimate the importance of the nature and size of the threat posed to them, this is significant, as demonstrated, given the growing size and impact of the sector. Technological solutions are suggested to combat the issues charities face.,The study is original because it is the first to create the notion of CharityTech and to specifically explore what technological advances can assist charities in meeting the regulatory compliance challenge.