Aid Legislation Research Articles

European standards for administrative and legal enforcement of the right to free legal aid and national legislation

The article analyzes the standards of administrative and legal support of the right to free legal aid. It is stated that this right is an inalienable right of everyone and is guaranteed by a number of international instruments, including the European Convention on Human Rights. The analysis of the case law of the European Court of Human Rights revealed the following main violations in the organization of the free legal aid process: 1. Insufficient activity in informing citizens about the possibility of receiving free legal aid and exercising their right to protection. 2. Vague wording of the grounds for refusal or unreasonableness of the decision to refuse in providing the free legal aid. 3. Untimely decision-making. 4. Lack of opportunity to appeal the refusal in providing free legal aid. 5. Lack of a formal decision communicated to the person in response to a request for legal assistance.
 The following requirements for the organization of administrative and legal support of free legal aid are formed from these violations: 1. National institutions are obliged to make decisions in response to requests for free legal aid in a timely manner, which must be clearly motivated. 2. The procedure for appealing against a refusal to provide free legal aid shall be established in the national system. 3. The state is obliged to conduct an active information campaign to inform citizens of their right to free legal aid.
 It is concluded that these requirements are reflected in national legislation in general, but in practice they need some refinement on the formal approach to the denial of free legal aid. Also, it is recommended to work on citizens’ awareness raise, including those imprisoned and their right to free legal aid.

Regional aviation for local development in the context of public funds investment

This article presents an analysis of the effectiveness of public support for the sustainable development of local communities. It contains a review of the literature on aviation relationships with local development and business models of regional carriers. Research includes a case study and a comparative analysis of this type of support in the EU environment. Therefore, the collected data came from own research and information provided by the European Commission. The research question posed in the paper concerns the legitimacy and efficiency of this type of support in the context of the legal framework, case study and statistical European analyses. The results make it possible to draw conclusions with respect to reporting such public services, average costs, as well as differences in interpretations of state aid legislation in this area. The key contribution of the paper to the scholarly literature is efficiency assessment for this type of support and identification of weaknesses in the data published by the European Commission on PSO. The summary presents recommendations for decision-makers and potential directions for further research.

WHO World Report on Hearing: Implications for the United States and the WHO Decade of Healthy Aging

The past 5 years have seen incredible advances in approaching hearing loss as a major public health issue. National efforts include the 2015 President’ Council of Advisors on Science and Technology and the National Academies of Science, Engineering, & Medicine’s 2016 Commission on Hearing Health Care for Adults, which led to the 2017 OTC hearing aid legislation and the expected debut of OTC hearing aids in 2020-2021. The World Report on Hearing amplifies these efforts. This presentation will cover the role of the Report in the context of the rapidly evolving hearing care landscape in the US and how the Report’s call for affordable, accessible hearing care fit within current national efforts focused on older adults. Finally, the WHO recognized 2020-2030 as the Decade of Healthy Aging. We will discuss how the World Report on Hearing integrates with broader efforts to support healthy aging locally and globally.

Discrimination by definition: are definitions of ‘income’ used in New Zealand statutes compatible with the state’s duty to protect human rights?

ABSTRACT This article examines whether the social policies manifest in different statutory definitions of ‘income’ in New Zealand discriminate against the poor. We adopt a benchmark of fundamental human rights to assess discrimination. Specifically, we examine definitions of income under income tax, welfare, accident compensation, legal aid, and student allowance legislation. We categorise income tax, accident compensation and student allowance as ‘deserving income’ and welfare and legal aid as ‘undeserving income’. We consider three types of receipt—cash gifts, gifts in kind, and compensation—to assess the effects of using different definitions and interpretations of income. We conclude that, although overt policy discrimination may not be manifest in definitions of income, it is present and insidious, and incompatible with the state’s duty to protect human rights.

Податково-бюджетна підтримка виробників у контексті законодавства ЄС у сфері державної допомоги

Податково-бюджетна підтримка виробників у контексті законодавства ЄС у сфері державної допомоги

European state aid law and tax incentives in Ukraine

On January 1, 2016, the Association Agreement between Ukraine and the EU came into force, according to which Ukraine should implement European Union rules on state aid. Although these rules are not intended to regulate in any way the tax policy of either EU member states or Ukraine, they limit the possibilities for applying tax incentives. Ukraine is not EU member state and for this moment has no perspective to become a member. That is why some questions arise concerning the way of state aid rules application to economic entities in Ukraine, their monitoring at the national level and consequences for Ukraine if it does not comply with these rules. The article contains a research on the peculiarities of the application of tax incentives in view of the implementation of the European state aid legislation in Ukraine. The author analyzes the European rules of state aid and their application in the tax area. The author has defined what tax measures may fall under the European law on state aid. A simplified taxation system, which is one of the most important tax incentives in Ukraine, will not fall under the rules on state aid. But the possibility of applying tax incentives for large companies will be limited. As a result of the study, it was found that the Anti-Monopoly Committee of Ukraine could have serious difficulties in stopping and returning illegal state aid. The author concludes that, in case of Ukraine's non-compliance with its state aid obligations, the most probable scenario will be long negotiations with EU and simultaneous introduction of customs duties on the relevant commodities. By 2023, Ukraine will be in a transitional period for state aid rules application, and during this time, their implementation will have a serious impact on taxation in Ukraine.

Challenges when drafting legal aid legislation to ensure access to justice in African and other developing countries with small numbers of lawyers: Overcoming obstacles to including the use of non-lawyers to assist persons in conflict with the law

Challenges when drafting legal aid legislation to ensure access to justice in African and other developing countries with small numbers of lawyers: Overcoming obstacles to including the use of non-lawyers to assist persons in conflict with the law

OTC Hearing Aid Legislation Passes, FDA Expected to Develop Regulations

OTC Hearing Aid Legislation Passes, FDA Expected to Develop Regulations

Administrative Law and Human Rights Standards in Legal Aid: An Overview with Examples from Finland and England & Wales

The majority of writing on legal aid is from a socio-legal or political perspective and little attention has been paid to legal aid as a branch of administrative law. This is an important failing as the legal aid requirements imposed by international human rights law do not only relate to the scope of legal aid, but also establish parameters for the administration of legal aid schemes. These requirements may be met directly within the specific legislation governing legal aid, but in some instances rely on the application of general domestic administrative law principles. Employing a comparative approach, this article explores some of the connections between administrative law, international human rights law and the provision of legal aid, using the jurisdictions of Finland and England & Wales as examples. Good protection of the relevant international human rights standards is provided in Finland through a robust administrative law system which contains a clear set of basic principles and is directly applicable to the making of decisions on legal aid. In England & Wales administrative law principles are not as helpful; however the manner in which administrative law acts upon discretionary decision-making in that jurisdiction means that strengthening administrative law principles might not have much impact on legal aid administration. In such a situation subject-specific legal aid legislation must be relied upon to meet human rights standards.

State Aid in the New EU Member States

AbstractIn the early phase of transition, which began in the 1990s, Central and Eastern European countries (CEECs) pursued economic restructuring that involved massive injections of state support. With reference to the history of state aid in centrally planned economies, we investigate state aid practices of CEECs since attaining full EU membership. We analyse whether their state aid policies during and after transition challenged European state aid legislation, and whether these fit into the EU strategy of ‘less but better targeted aid’. The data‐based analysis is complemented with some indicative insights from state aid in the steel industry as well as the financial service sector to suggest that there is today no significant difference in state aid law application between East and West any more – the new EU members have further caught up by better aligning to the objectives of the State Aid Action Plan.

South Africa’s HIV and AIDS Policy and Legislation: An Analysis

In contrast with the HIV and AIDS policy formulation trend in first decade of attaining democracy in South Africa, recent policy and legislation regarding HIV and AIDS show great determination by Government in reversing the epidemic. The South African Government’s present collaboration with civil society demonstrates an understanding that the fight against HIV and AIDS is a shared responsibility. While paying attention to various groups, women, children and men in particular, this desk review paper argues that South Africa has adopted sound HIV and AIDS policy and legislation but its main challenge remains that of implementation.

Response to Liesl Haas' review of The Women's Movement Inside and Outside the State

First, I want to thank Liesl Haas for her thoughtful and generous review of The Women's MovementInside and Outside the State. She raises two set of questions which I would like to address here. First, she asks whether a better sample of insider activists would have been found by choosing key pieces of policy and identifying the major players as she does in her own book. While every sampling strategy represents a trade-off when no clear sampling frame exists, such a method seems to me fraught with a number of dangers, including a selection bias towards visible and successful cases (which might lead us to examine only insider feminist successes and exclude those who were influential but less visible) and predefinition by the investigator of what constitutes a feminist policy. I believe one of the strengths of my study was the finding that insider feminists influenced policies ordinarily not identified as feminist—such as foreign aid legislation or scientific research in the NIH. Haas argues a change in sampling method might have increased the number of younger feminists (who were underrepresented in the sample) but their underrepresentation results largely from a focus on activists in higher positions in the bureaucracy, the tendency of fewer feminists to enter the bureaucracy under post-Reagan republican administrations, and my conscious decision to focus on the period before 2001 when interviewing so that I did not ask questions about the current administration.

The Promotion of Electricity from Renewable Energy Sources in the European Union

Electricity generated from renewable energy sources is promoted in the EU in order to attain the overall target of 20% energy production from renewable energy sources by 2020. In light of the single market strategy the EU Commission wishes to harmonize the different support schemes applied by member states for the promotion of green electricity. This thesis discusses the requirements for a harmonized support scheme by (i) examining the developments in the EU electricity sector; (ii) exploring the legal framework for the promotion of green electricity; (iii) examining the economic effectiveness of the support schemes applied by the member states.It is concluded that establishing a framework providing conditions for support schemes in the EU is a valid step forward. The requirements identified in this work provide a good starting point for such a framework. Standardization between the support schemes in the EU is now mainly driven by state aid legislation. It is suggested in this work that the establishment of a new directive clearly identifying the conditions for the different support schemes applied in the EU could generate more legal certainty which may benefit the economic performance of the support schemes.

The Strategic Substitution of United States Foreign Aid

I present a foreign policy decision-making theory that accounts for why US food aid is used strategically when other more powerful economic aid tools are at the disposal of policymakers. I focus my analysis on US food aid because this aid program provides an excellent case with which to test for the existence of foreign policy substitution. Substitution is an important assumption of many foreign policy theories yet proves to be an allusive empirical phenomenon to observe. Central to this analysis is the identification of legal mechanisms such as the “needy people” provision in the US foreign aid legislation that legally restrict certain types of aid; this mechanism, however, does allow for the allocation of certain types of foreign aid, such as food aid, to human rights abusing regimes. Thus, I test if food aid is used as a substitute for human rights abusing states while methodologically accounting for other aid options. The empirical results, estimated with a multinomial logit and Heckman model, demonstrate that countries with high levels of human rights abuse are (i) more likely to receive food aid and (ii) receive greater amounts of food aid even when controlling for other economic aid, the conditioning effect of strategic interests and humanitarian need over the period 1990–2004.

Table of Contents

Abstract Cover Story Congress takes first step toward financial aid reform New financial aid program is one step closer to reality Student aid legislation at‐a‐glance House legislation gives money for feds to help aid administrators switch to direct lending You Be the Judge Did university breach contract with volleyball coach? Of Counsel Deceptive recruitment, enrollment practices are subject to consumer fraud claims Training Tools Be prepared to act quickly when criminals intrude on campus Follow these tips for emergency notification Lawsuits & Rulings TITLE IX — SEXUAL HARASSMENT Defective sexual harassment policy violates students' rights DISABILITY — ACCOMMODATIONS Denial of academic adjustment results in Title II violation STUDENT AFFAIRS — DISABILITY Unattended disability complaints plunge college in legal hot water DISABILITY — ACADEMIC AFFAIRS University's inflexible rule failed to accommodate veteran's PTSD STUDENT AFFAIRS — RACIAL DISCRIMINATION College's response to offensive graffiti falls short of legal requirements ADMINISTRATION — TORT Lack of control over subcontractor's employee frees college from liability ATHLETICS — WRONGFUL TERMINATION Jury verdict in coach's favor reinstated on appeal ADMINISTRATION — TORT Title alone does not make agency liable for tort on CUNY campus FACULTY — HUMAN RESOURCES Court must address immunity claims before case goes to trial ATHLETICS — TERMINATION Coach can't prove university's actions violated his constitutional rights FERPA — FILE‐SHARING Court orders university to identify alleged file‐sharers CAMPUS SECURITY — DISABILITIES University faces jury trial in student's on‐campus murder ACADEMIC AFFAIRS — PLAGIARISM Court finds for dismissed student, clears him of plagiarism charges Would you like to join our Advisory Board? CAMPUS LEGAL ADVISOR QUICK STUDY

Grassroots Advocacy Success

You have accessThe ASHA LeaderGrassroots 1011 Sep 2009Grassroots Advocacy SuccessMissouri Site Visit Builds Support for Hearing Aid Legislation Katie BromleyMA Katie Bromley Google Scholar More articles by this author , MA https://doi.org/10.1044/leader.GR.14122009.5 SectionsAbout ToolsAdd to favorites ShareFacebookTwitterLinked In A couple of years ago, if you had asked audiologist Rich Hogan about becoming an ASHA advocate, he might have been noncommittal. But shortly after joining ASHA’s Health Care Economics Committee (HCEC), he was hooked on the political process—and his advocacy efforts have paid off. “I was always apathetic to the whole political system, [but] the system’s not so difficult. We can make a difference,” said Hogan, who delivers audiology services at Ear Care & Skull Base Surgery in Chesterfield, Mo. Hogan scheduled and attended meetings with his representatives on Capitol Hill in March. Armed with ASHA issue briefs and informal preparation, he visited with staff from the offices of Sen. Christopher Bond (R), Sen. Claire McCaskill (D), and Rep. Todd Akin (R), discussing audiology issues such as the hearing aid assistance tax credit, direct access to audiologists, and early hearing detection and intervention (EHDI). Hogan was nervous in anticipation of his first-ever visit to the Hill—he was concerned about how he would be received. He quickly realized his fears were unfounded, finding the lawmakers open to his message. Hogan’s meetings went so well, in fact, that he invited a member of Rep. Akin’s staff to a site visit. In July, Debbie Cochran, district director for Rep. Akin, visited Hogan’s facility. He gave her a tour and demonstrated the equipment. Although Cochran has a health care background and had worked at a hospital, she came eager to learn more about Hogan, his site, and the work of audiologists. Hogan, long over his nervousness, said the visit was “actually fun.” He also reviewed with Cochran two of ASHA’s legislative policies from their March discussion, the Hearing Aid Assistance Tax Credit Act (H.R. 1646) and the Medicare Hearing Health Care Enhancement Act of 2009 (H.R. 3024), which allows Medicare beneficiaries to access audiology services without prior physician approval. In addition, they discussed provisions of the pending health care reform bills, including costs to small businesses, patient access, cost-effectiveness, and the establishment of a medical home, and how reform might affect audiology. Less than a month after the visit, Cochran informed Hogan that as a direct result of his work, Rep. Akin had signed on as a supporter of the hearing aid tax credit legislation. “I think I needed that to happen,” Hogan explained. “It really makes me believe that spending the extra time [on advocacy] can make a difference.” Hogan began his three-year term on ASHA’s Health Care Economics Committee (HCEC) in January 2009. He had been nominated for the committee because of his passion for reimbursement issues and his newly awakened interest in political advocacy. Prior to his appointment, Hogan “really didn’t care too much” about legislative advocacy. “But through the HCEC, my eyes were open to the legislative process,” he said. The HCEC develops recommendations for procedural and diagnostic coding and relative values of audiology and speech-language pathology procedures. The committee also considers coverage of services by all payers and anticipates further socioeconomic needs of the professions and consumers. Committee members occasionally meet in the D.C. area; some take advantage of the location to conduct Capitol Hill visits with their elected officials. Committee membership may provide more opportunities to visit D.C. and meet with legislators, but any member can invite his or her elected officials to a worksite. Congressional district staff need to learn about the work of audiologists and speech-language pathologists and the services they provide to the community. And, as Rich Hogan now knows, site visits can produce tangible results. Author Notes Katie Bromley, MA, director of grassroots and congressional advocacy, can be reached at [email protected]. Advertising Disclaimer | Advertise With Us Advertising Disclaimer | Advertise With Us Additional Resources FiguresSourcesRelatedDetails Volume 14Issue 12September 2009 Get Permissions Add to your Mendeley library History Published in print: Sep 1, 2009 Metrics Current downloads: 70 Topicsasha-topicsleader_do_tagasha-article-typesleader-topicsCopyright & Permissions© 2009 American Speech-Language-Hearing AssociationLoading ...

Michael S. Gottlieb and the Identification of AIDS

Michael S. Gottlieb and the Identification of AIDS

AIDS Services Organizations

Abstract HIV/AIDS was initially viewed as a problem limited to the male homosexual community and set the stage for a variety of institutions, groups and individuals to showcase their prejudices, discrimination and in some cases, violence against the “defiled” homosexuals who were simply reaping the ills of their ungodliness. What is now known as AIDS was first recognized in the U.S. during the early 1980s among white gay men on both the east and west coasts and among intravenous drug users (IUD's) on the east coast. This early view, which solidified the connection between HIV/AIDS, male homosexuality and drug addicts made it extremely difficult to garner any widespread community support to stem the spread of the disease. This dynamic, coupled with the burgeoning numbers of AIDS deaths, provided the catalyst for the gay community to forge an intense and very public grassroots movement to demand government action. Persistent demonstrations and protests, which were often confrontational, eventually led to the enactment of federal AIDS legislation known as the Ryan White C.A.R.E. Act. This provided the critical resources to address the growing numbers of AIDS cases on a national scale and resulted in the development of a separate network of community-based, (AIDS service organizations) ASOs that sprang up in direct response to the lack of humane treatment and the denial of basic medical services. A few faith-based AIDS programs were established at the onset of the epidemic, but the majority of religious organizations seem entrenched in a fortress mentality to maintain a comfortable distance from the unquestionable relationships between sexual behavior, intravenous drug use and the spread of HIV/AIDS. As a growing number of congregations are now confronted with how to minister to those among their ranks impacted by HIV/AIDS, it is prudent to capitalize on almost two decades of experience by collaborating with established ASOs.

The Historical Roots of Enrollment Management

This chapter examines the historical development of enrollment management. It focuses on the roles that federal student aid legislation, changing student demographics, and research on college impact have played in shaping enrollment management as a concept.

The College Aid Quandary: Access, Quality, and the Federal Role.

Each year, millions of American families struggle with the expense of higher education. For the past fifty years, the U.S. government has helped students and families pay for college; but with the entire domestic policy agenda in flux, federal aid to education hangs in the balance. This book analyzes government policies for helping students pay for education beyond high school. It is being published at a time when aid to education is a prominent issue in battles over the federal budget and policymakers are debating the need for and effectiveness of federal student assistance programs. Starting with the post-World War II GI Bill, the book reviews the 50-year history of federal student aid legislation, assesses the results, and identifies trends and problems that cloud the future of this critically important national effort. The authors draw on the thinking of the country's top experts in examining the rationale and structure of the student aid system and how it might more effectively expand college opportunities while ensuring educational quality. Their analysis encourages policymakers to consider the multiple objectives of government aid not just getting more students into college, but promoting student success and degree completion. The book offers a framework for future policy debates aimed at improving a system vital to America's economic future and its continued promise of opportunity. Copublished with the College Board / Dialogue on Public Policy