Effects Of Legislation Research Articles

Eksperyment leczniczy a cel badawczy

The following text is a voice in the discussion around normative problems of innovative therapies. It particularly refers to the problem of the relationship between therapeutic experiment and the research purpose of a physician's action, also discussed in this issue in the article by Rafał Kubiak "A few comments on the background of the article »Off label - practical consequences of unclear legislation«.”

“Restoration” and representation: Legislative consequences of Black disfranchisement in the American South, 1879–1916

AbstractThe elimination of Black voting in the U.S. South after Reconstruction is the most significant instance of democratic backsliding in American history. I use newly collected state legislative roll call data from the late nineteenth and early twentieth centuries, consisting of more than 19,400 unique roll calls, to explore Black disfranchisement's consequences for legislative representation. Using ideal point estimates in a panel design, I demonstrate that disfranchisement is associated with substantial changes in roll call voting. In states where competition between Democrats and Republicans structured roll call voting, disfranchisement precipitated shifts away from more‐Republican roll call records. In states already dominated by Democrats before disfranchisement, disfranchisement often led to relative shifts toward the agrarian, reform wing of the Democratic Party. These results demonstrate the centrality of Black disfranchisement for the creation of the Solid South and the significant impact of Black suffrage on southern politics in the years following Reconstruction.

No clear connections: a study of the association between news media use, public trust, and Swedish social services

ABSTRACT News and media reports on social work have had policy and legislative consequences for social work practice in Sweden. Generally, it is often argued that media reports have negative implications for public perception and public trust towards social services. However, empirical studies supporting such claims are rare. Going back to the classic theory of cultivation regarding media effects, this study investigates possible associations between news media use, public trust in news, and public trust towards social services in Sweden. Analyses are based on survey data from a representative sample of Swedish adults and young adults (n = 1 697) and linear regressions have been applied. In contrast to assumptions in the existing literature, no associations were identified between the level of news use, preferred news outlet and public trust towards the social services, whereas trust in news predicted trust in social services. The findings challenge dominating notions on the implications of news media use and public trust in social services. In short, news reports of the social services do not simply translate into public (dis)trust. This also enable, linear regressions has been applied. In contrast to assumptions in existing literature, no associations.

Legislative Responses to Terrorism: A Critical Review of Counterterrorism Measures

In the face of escalating global terrorism threats, nations worldwide have grappled with the imperative to enact and amend legislation aimed at preventing, detecting, and prosecuting acts of terrorism. This paper conducts a comprehensive and critical examination of legislative responses to terrorism, with a focus on their efficacy, implications for civil liberties, and broader societal impacts. The research begins by analysing the evolution of counterterrorism laws across diverse jurisdictions, emphasizing the shifting landscape of security concerns and the subsequent legal adjustments. It scrutinizes the core features of these legislative measures, including preventive detention, surveillance, intelligence gathering, and the definition of terrorism offenses. A critical analysis is employed to assess the balance between security imperatives and the protection of individual liberties, scrutinizing the potential for abuse, discrimination, and erosion of due process. Case studies from various countries illuminate the real-world consequences of counterterrorism legislation, shedding light on the impact on marginalized communities, legal frameworks, and international human rights standards. The paper also explores the effectiveness of oversight mechanisms, judicial review, and safeguards incorporated within these legislative frameworks to curb potential abuses and protect against overreach. Furthermore, the study considers the role of technology, intelligence-sharing agreements, and international cooperation in shaping legislative responses to terrorism. It aims to provide a nuanced understanding of the challenges and successes in addressing the complex interplay between security concerns and the preservation of fundamental rights. This critical review seeks to contribute to the ongoing dialogue on counterterrorism policy by offering insights into the multifaceted implications of legislative responses. The paper concludes with recommendations for fostering a balanced approach that upholds both security imperatives and the foundational principles of democracy.

DATA PROTECTION AND PRIVACY CHALLENGES IN NIGERIA: LESSONS FROM OTHER JURISDICTIONS

Data protection and privacy challenges are prevailing issues in Nigeria and other developing countries in Africa. The crux of this paper is to examine the extent of the data and privacy challenges existing in Nigeria. Through a comparative analysis, this paper examined the existing provisions of data protection laws in some European countries and those of Nigeria with the aim of revealing the consequence of insufficient legislation to protect data or data users' privacy, the applicability and responsiveness of existing data protection laws in Nigeria, the dearth of legal precedents, the appalling lack of awareness of data privacy rights, and how it tends to handle or manage human rights violations. The paper adopts the doctrinal research method to identify these issues and propose viable solutions by comparatively examining the protection of data in Europe, with a focus on the legal regimes of data protection in the United Kingdom, Germany, and France. The paper concludes that Nigeria requires thorough data protection legislation like that of developed nations to provide effective data protection and a robust enforcement framework.

The impact of water legislation on groundwater sustainability in an arid region: Spatial statistical approach

Sustainable use of groundwater resources and preservation of groundwater quality are critical issues for society as these resources directly impact the health of the environmental system and the population that rely on them for consumption. Despite this, and considering the importance of legal frameworks for establishing and enforcing sustainable practices, there is a lack of research looking at the effectiveness of environmental legislation on groundwater resources which ultimately inhibits opportunities for improvement. Considering this, this study aims to investigate the impact of water legislation on groundwater usage in Jordan, a small country located in a typically arid region, using hotspot analysis (HSA) and time series trend analysis (TA). In addition, the study assesses legislation's effectiveness on groundwater quality through data collected on static water level, water extractions, total dissolved solids (TDS), chloride (Cl−), and nitrate (NO3−).The study results show that the groundwater levels declined (average of 1 m/yr) in most of the monitored wells in the observed time irrespective of the legislation implemented to monitor and reduce extraction. In fact, the HSA results showed a significant increase in the volume of water extracted after legislation was introduced. In addition, water quality also deteriorated particularly in areas of intensive agricultural activity where there are high levels of water usage and chemical run-off. In particular, TDS and Cl-levels increased during the assessed period by more than 40% over the Jordanian standards for drinking water.As such, the study concludes that existing legislation has been ineffective at preserving groundwater quantity and quality. It is therefore recommended that legislation be reformed to ensure that quality standards are upheld and extraction of groundwater resources is permitted at sustainable rates without exceeding the basin yield. This could be achieved by implementing an integrated institutional framework that better facilitates coordination between relevant ministries; introducing an advanced monitoring system; substituting existing crops for low-water use crops; introducing higher tariffs; and enforcing a stricter penalty system.

Impact of Microplastics on the Ocular Surface.

Plastics are synthetic materials made from organic polymers that are ubiquitous in daily living and are especially important in the healthcare setting. However, recent advances have revealed the pervasive nature of microplastics, which are formed by degradation of existing plastic products. Although the impact on human health has yet to be fully characterised, there is increasing evidence that microplastics can trigger inflammatory damage, microbial dysbiosis, and oxidative stress in humans. Although there are limited studies investigating their effect on the ocular surface, studies of microplastics on other organs provide some insights. The prevalence of plastic waste has also triggered public outcry, culminating in the development of legislation aimed at reducing microplastics in commercial products. We present a review outlining the possible sources of microplastics leading to ocular exposure, and analyse the possible mechanisms of ocular surface damage. Finally, we examine the utility and consequences of current legislation surrounding microplastic regulation.

Ideological Positions and Committee Chair Appointments

Committee chairs hold crucial positions in the legislative process and can push or quell legislative initiatives. While extant studies examine the formal powers and legislative consequences of committee chairs, we know less about their appointment. We examine who ruling parties (principal) appoint to committee chairs (agent) in order to minimize the risk of policy moving away from government positions. Using data from Japan (2003–2017) on the LDP, we test expectations derived from the principal‐agent framework, conditional on committee type. Japan makes an ideal case to study intraparty chair appointments due to its coalitions' office‐allocation patterns. We find that the party leadership appoints as chairs ideologically close MPs to committees with jurisdiction on high policy. However, we find no effect for chair appointments on particularistic committees. Using additional data on bill‐amendment rates, we emphasize the legislative consequences of political appointments in the legislative process.

GRASSROOTS ЯК НЕПРЯМИЙ МЕТОД ЛОБІЮВАННЯ ПОЛІТИЧНИХ РІШЕНЬ

Interest groups use a sophisticated combination of various methods and technologies in their lobbying activity, their list expands and diversifies in a digital society and differs depending on the subject of lobbying and available resources for influence. To increase the effectiveness of lobby campaigns along with traditional methods of direct influence, interest groups seek to create a certain impression about a particular issue in the public. For these purposes indirect methods of lobbying are widely used, they do not have a specific target audience, they are applied outside the offices and corridors where government officials make their decisions. Among these indirect methods of lobbying, grassroots take a special place. This term grassroots refers to the self-organized activity of groups, their attempt to influence "from the bottom up" by analogy with the growth of grass from the roots. Grassroots involves influencing decision-makers not directly, but through the public, mobilizing support for political interest through mass communication. The power of grassroots is not in financial resources, but in the ability to use the beliefs and efforts of ordinary citizens to shape the political agenda. To mobilize community lobbyists use a combination of public affairs and media relations tools. This method of influence is widely used by non-governmental organizations around the world to ensure the protection of human rights in various spheres at the local, regional, national and international levels - from race, national, religion, gender discrimination to the abortion and climate change. The article analyzes grassroots as a method of lobbying influence by mobilizing the public around a political issue; its content and essence, advantages and risks to the political system are defined. It is determined that grassroots not only enhances the effectiveness of interest group lobbying, but also makes a significant contribution to the development of democracy by promoting public awareness of important political issues, helping ordinary citizens understand the essence and consequences of legislation from a layman's perspective. The author identifies the main grassroots tools, demonstres the specifics of their effective application, emphasizes the key role of mass communication, including social networks, in organizing grassroots lobbying to expand audience coverage and mobilize public support. The importance of astroturfing lobbying as an imitation of grassroots, the creation of artificial public support for political decisions and events, which threatens the democracy and transparency of the political process, is established. Key words: astroturfing, grassroots, interest groups, lobbying, grassroots initiatives, political communications, political decision.

Cross-sectorial collaboration on policy-driven rehabilitation care models for persons with neuromuscular diseases: reflections and behavior of community-based health professionals

BackgroundPersons with neuromuscular diseases (NMDs) often experience complex rehabilitation needs due to the disease’s impact on their functioning and progression of their diseases. As a consequence of legislation and “policy power”, community-based health professionals function as gatekeepers to the rehabilitation trajectory for persons with NMDs in a field where the other professionals are the specialists.AimTo investigate community-based health professionals’ reflections on and behaviors regarding collaboration with a tertiary rehabilitation hospital in a cross-sectorial rehabilitation care model with the overall aim of providing high quality rehabilitation for persons with NMD.MethodsThe design is qualitative and uses interpretive description methodology and the theoretical lens of Edgar Schein’s three levels of organizational culture and leadership.An ethnographic fieldwork was conducted from September 1, 2019 to January 30, 2020. Eighty-four community-based health professionals were included and 17 of them were interviewed in four semi-structured focus group interviews (n = 10) and seven individual interviews (n = 7). In addition, 151 pages of observation data were generated. The study adheres to the COREQ guidelines.ResultsThe analysis showed three themes of importance for the collaboration: Policy and legislation navigation represented that collaboration on rehabilitation was affected by legislation as a management tool with “the case” as the core element, and goal dilemmas. Cross-sectorial knowledge exchange promoted collaboration on coordinated and facilitated rehabilitation and knowledge sharing as a firm anchoring. Patient ownership negotiations implied collaboration was influenced by knowledge founded power and gatekeeping as a navigation tool.ConclusionThree levels of organizational culture and leadership were identified, and this overall structure guided the community-based health professionals in their work and in the complex organizational landscape of collaboration between disconnected healthcare systems. The findings provided insight into behavior and attitudes and the content and the values held by the professionals collaborating across sectors. Future collaboration in rehabilitation models should be multiprofessional and team based. The findings emphasize that it is imperative that managements and professionals strive to strengthen the structure of the collaborative team spirit because this will ensure well-planned, coordinated, and conducted rehabilitation for persons with NMD and enable and support future cross-sectorial collaboration in this rehabilitation model for these persons.

Party leadership, electoral reform, and mandate-divide

AbstractPrevious studies had no consensus on whether a ‘mandate-divide’ exists between district and party-list legislators under the mixed-member system. I argued that previous studies ignored the role of the party. This article aims to explore the legislative consequences of the 2005 electoral reform and the role of parties in Taiwan. I analyzed the roll-call votes, considering abstention and absence as potential defection, along with interviews. The data cover from the fifth to eighth Legislative Yuan, two periods each before and after the electoral reform. The findings show that district legislators tended to defect from the party line than list proportional representation (PR) members in pre- and post-reform periods. However, district legislators only tended to be absent from the voting than list PR members after the electoral reform. Mandate-divide was present throughout the period, but differences were more salient before the reform. Besides, evidence stressing the influence of parties was revealed in the interviews. Party leaders enforce various punishments to enforce party discipline. The role of party became more important after the electoral reform. District legislators have higher absence rate after the electoral reform because they need to engage more in constituency service or avoid expressing their position on controversial issues. The ruling party tends to sanction the absence when they have majority in parliament.

The True Cost of Antitransgender Legislation.

A large body of research finds that sexual and gender minorities experience disparities in health equity that stem from structural discrimination. In particular, transgender and gender diverse (TGD) patients face barriers in access to gender-affirming care (GAC). As of December 2021, 35 state legislatures have introduced >100 bills that categorically deny TGD individuals' human rights and outlaw medically necessary GAC. Importantly, the economic consequences of discriminatory legislation and denial of health care for TGD individuals are void in the literature. This perspective outlines the economic impact of antitransgender policy and calls for federal intervention to protect TGD rights.

Between a rock and a hard place: Negotiating gender, forest laws and capabilities for fuelwood access in Zimbabwe

Despite wide coverage on the topic of fuelwood scarcity and its implications for gender in sub-Saharan Africa, there is little understanding of the relationship between gender, environmental legislation and capabilities. Through a qualitative study of Buhera district, I draw on feminist political ecology and its scalar relations to analyse how environmental legislation acts as a tool of enclosure, and dispossession. I extend the argument by applying Nussbaum’s capabilities approach in order to identify the unintended consequences of environmental legislation. Further, I demonstrate how fuelwood [in] access is a multidimensional and relational phenomenon contingent upon the legislation, capabilities, gender and its intersectionalities. I conclude that fuelwood [in] access does not only serve material concerns, but also capabilities that allow people to frame and adapt coping strategies.

Assessing the performance of environmental management in academic research laboratories

Managing environmental risk is essential to ensure organisations minimise their impact on the environment, comply with environmental legislation and maintain their reputation in an increasingly environmentally aware society. Organisations frequently use management systems to plan and execute routine environmental assessments, however environmental impacts may still arise from routine activities or accidents that could be avoided by effective environmental management. Currently there is no method for an organisation to assess the level of awareness their employees have of activities that may lead to an environmental impact, or the level of uptake of environmental management processes. Therefore, the Environmental Management Performance Assessment (EMPA) process was developed to enable organisations to self-assess existing environmental management processes by survey of their employees. The EMPA process was aligned to key phases of the Deming Cycle and involves development and distribution of a survey to organisation employees. The responses are then used to recognise areas for improvement by progression through a bespoke flow chart integrated with the initial survey. This enables demonstration of how particular hazards arise from insufficient awareness at different stages in the Deming Cycle and how these hazards can have wider, reputational, economic, and legislative consequences. The process was trialled by surveying academic researchers on the environmental management processes in their laboratories as a sample set.

Loan agreement: Comparative analysis of banking legislation in the field of lending to individuals in the Republic of Kazakhstan and the Russian Federation

The banking system is a key link in the economy. As a guarantor of human rights protection, the state must ensure the growth of the well-being of citizens, including by providing affordable and cheap consumer loans to the population. The in-creased level of debt on unsecured consumer loans of citizens of the Republic of Kazakhstan makes it necessary to reduce the debt burden of the population to credit institutions. The purpose of the study was to compare the legislation and the practice of applying sustainability of banking legislation in the field of lending to individuals in the Republic of Kazakhstan and the Russian Federation. The article characterises the sustainability of banking legislation of the Republic of Kazakh-stan, describes the main legislative reforms, their implementation and consequenc-es. A comparative analysis of the measures taken in Kazakhstan to protect the rights of a borrower with the system of the Russian Federation as the most approx-imate in terms of economic and social indicators. The main problems of the activi-ty of credit institutions on the territory of Kazakhstan and the Russian Federation were revealed and possible ways of their solution were found. It was concluded that nowadays the main problem of consumer lending is unfair lending by finan-cial organisations. It is necessary to adopt a separate law on consumer lending, which will ensure the protection of the interests of borrowers.

Problems of the environmental law of the European Union

The problem of ecology is one of the most common problems of the twenty-first century. No country is immune: no country has better military equipment, no country with low inflation, no country with “perfect” legislation. The purpose of the article was to clarify legislative issues: European Union legislation was outdated, general and lacking in specificity. To address these problems, this article uses different approaches to the definition of environmental security, which makes it necessary to change the concept and the actions within which the definition is adopted. The article goes on to discuss the position of realists who argue that environmental security cannot be set because of lack of accountability “the importance” of the issue of “high” issues. Thus, the paper refers to the emergence of environmental security and its long path. This article contains the following changes and provisions: Brundtland Committee (1987), Convention on the Conservation of Nature and Natural Habitats in Europe (1979), International Tropical Timber Agreement (1983) as well as the Convention on Long-range Transboundary Air Pollution (1979), the Maastricht Treaty (1992), the Hazardous Substances Directives, the impact of EU measures on the environment and the Animal Protection Directive. In addition, the article exposes Programs designed to ensure and regulate environmental safety. The report of the European Environment Agency was also reviewed and a comparative analysis of the data contained in the report and the British Broadcasting Corporation estimates was made. The authors draw attention to several directives, calling them “triumvirate”, which provide the basis for countries to regulate some environmental legislation. Almost in the end of the paper the authors pay attention to the phenomenon of environmental ethics, which is a consequence of imperfect legislation. In its conclusion, the article states that the problems that arise from the lack of accountability of legal acts of a real environmental situation occur in the member states, taking into account the special case of the European Union.

Legislation in the field of copyright: evaluation of effectiveness

Keywords: effectiveness of legislation, criteria for assessing the effectiveness oflegislation, copyright, intellectual property
 The effectiveness of legislation is its ability to cause for the participants of socialrelations the expected consequences due to the purpose of legal rules, includingthe ability to satisfy the interests of the participants of these relations. Effective legislationis characterized by such features as quality, the ability to act, stability, dynamism,sufficiency. These properties reflect the level of reproduction in legal acts ofthe needs and trends of development of society, technical characteristics of legislation,its ability to comprehensively and optimally determine all the necessary meansof protection and regulation of relations without excessive and unjustified interferencein the behaviour of the subjects of these relations.The Ukrainian copyright system comprises two basic laws: the Civil Code of Ukraineand the Law of Ukraine «On Copyright and Related Rights». In addition, there are anumber of laws that regulate certain areas of creation and use of works. This applies inparticular to architecture, theatres, publishers, media. However, the existence of an extensivesystem of regulations is not a guarantee of the effectiveness of legislation in thefield of copyright which has a number of shortcomings, in particular:•the lack of unification of terminology when in different laws different terms areused for the same phenomenon. For example, the subject of copyright in some cases iscalled «right holder» or «person owning the copyright»;•the presence of collisions when the same aspect of relations is regulated differentlyin different acts. For example, in Art. 29(2) of the Law on copyright the group ofpersons who can protect the inviolability of work after the author’s death is limited bythe heirs while Art. 439(2) of the Civil Code includes not only heirs but, also a personauthorized by the author to carry out such protection and other interested persons. InUkraine, there is no clear clarification of which rule is to be applied in case of collisionsthat causes problems in practice;•the presence of outdated provisions that do not correspond to the modern developmentof science, technology, and society, and therefore cannot be effectively applied;
 •the presence of provisions that cannot be implemented due to the lack of appropriatelegal mechanisms. These are cases in which the law declares a certain rule orstandard which must act in the manner prescribed by law but, this legal regime doesnot exist. This applies, for example, to the extension of the sui generis right to nonoriginaldatabases mentioned in Art. 10(1)(e) of the Law on copyright, while the legislationcontains no provision for this right;•gaps in the legal regulation associated with the essential needs that have beenobjectively formed in society. Copyright legislation does not contain rules for the useof orphan works, some important exceptions and limitations that exist in many othercountries. Due to these and other gaps, legislation incompletely and non-exhaustivelyregulates relations in the sphere of creation and use of works.This negatively affects the effectiveness of legislation and can significantly complicatelaw enforcement. Therefore, the improvement of copyright law is one of the mostimportant tasks of today.

Collective (Mis)Representation of U.S. Immigration Laws

This paper examines historic federal immigration policies that demonstrate how the United States has rendered entire groups of people living inside and outside of its territory as outsiders. Collective representations like the Statue of Liberty suggest that the U.S. is a nation that welcomes all immigrants, when in reality, the U.S. has historically functioned as a “gatekeeper” that excludes specific groups of people at different times. The concurrent existence of disparate beliefs within a society’s collective consciousness influences the public’s views toward citizenship and results in policy outcomes that contrast sharply from the ideal values that many collective representations signify. As restrictive immigration controls are refined, insight into how immigrant exclusion via federal policy has evolved is necessary to minimize future legislative consequences that have the potential to ostracize current and future Americans.

Does unilateral divorce impact women’s labor supply? Evidence from Mexico

From 2008 to 2018, Mexican states introduced unilateral no-fault divorce. Using state-level variation in the timing and adoption of these divorce laws, we study how the legislation affected married women’s labor supply. Our results suggest that married women did not increase their labor force participation. Among employed married women, hours worked increased, but the effect is not large enough to be observed in the full sample of women. We find suggestive evidence that social norms against female labor supply and lack of access to formal work may explain the limited labor supply response. Our results highlight the importance of the cultural context in studying the consequences of divorce legislation.

Coronavirus Fiscal Policy in the United States: Lessons from Feminist Political Economy

Using the United States’ fiscal response to COVID-19 in March and April 2020 as a case study, this paper explores the implications the US coronavirus legislation had for the societal distribution of responsibility for social reproduction among US households, employers, and the federal government – and the legislation's effect on women and racialized minorities. It builds on feminist political economy research that argues that, prior to the coronavirus pandemic, economic crisis and stagnating conditions for workers in the US had increased the role of households and the US government in social reproduction relative to the contribution of employers. The paper argues that the US federal government has responded to the COVID-19 crisis through an infusion of income support, but it has failed to increase its long-term socially reproductive commitments and has not addressed the intensified socially reproductive burden placed on households or the declining role of employers in working-class social reproduction. HIGHLIGHTS The COVID-19 crisis prompted the US Congress to spend an historic US$3 trillion on relief. Sixty-nine percent of coronavirus spending was allocated to social reproduction purposes. Congress responded more to the collapse of aggregate demand than to the health crisis. Federal aid improved the livelihood of some groups, while disadvantaging others. The bills left low-wage workers, women, and minorities in vulnerable positions.