Legislative Considerations Research Articles

Chloropropanols and Their Esters in Food: An Updated Review.

Chloropropanols, their fatty acid esters, and glycidol and its fatty acid esters (GEs) are process contaminants in foods that pose potential health risks. These contaminants typically arise during the deodorization process of vegetable oils, particularly in high concentrations within oils like palm oil and products derived from them, such as margarine, baked goods, pastries, and infant formula. Chloropropanol esters and GE can hydrolyze under the influence of lipases, forming chloropropanols. Elevated temperatures during food production can lead to the release of free 3-chloro-1,2-propanediol (3-MCPD) or free 2-chloro-1,3-propanediol (2-MCPD) in products containing both fat and salt. The exposure to these contaminants, especially for infants and young children, raises concerns about potential health hazards. While extensive research has focused on 3-MCPD, 2-MCPD, and GE, knowledge regarding other chloropropanols such as 1,3-dichloro-2-propanol (1,3-DCP), 2,3-dichloro-1-propanol (2,3-DCP), and their fatty acid esters remains limited. This review aims to provide a comprehensive overview encompassing formation mechanisms, analysis methods, toxicological implications, occurrence patterns, exposure levels, mitigation strategies, and legislative considerations concerning these contaminants.

More than meets the eye: Lid and conjunctival injuries in cases of non-sexual assault are frequently accompanied by non-fatal strangulation.

To determine the associations between lid and conjunctival injuries (LACI), non-fatal strangulation (NFS) and domestic family violence (DFV) in non-sexual assault. The present study involves an analysis of LACI in a clinical audit of 85 sequential non-sexual assault presentations. LACI was present in 26.9% of non-sexual assault cases, and 47.4% of LACI patients also experienced NFS. LACI was sustained in the context of DFV in 62.9% of cases. Females made up 69.2% of LACI patients, with those between 14 and 29 years most at risk. Children were present in 12.8% of cases, 78.2% of perpetrators were male and 44.9% of patients had previously been assaulted by the same perpetrator. LACI is frequently associated with NFS and/or DFV. Since NFS increases future homicide attempts and events more than sixfold, LACI is an important signal about a patient's homicide risk, expanding the dimensions of the care needed. Those experiencing LACI during an assault also need to be referred for comprehensive eye examination as soon as possible. With consent, systematic forensic photography of LACI enables its assessment and documentation, which assists the legal process. These conclusions should drive legislative consideration and reform, plus expanded education for clinicians and police.

Implementation of Progressive Design-Build in Airport Capital Construction Projects

Alternative contracting methods (ACMs) have been increasingly used for airport capital construction projects to explore the opportunity for achieving better cost and time savings than traditional design-bid-build. Progressive design-build (PDB), an emerging variation of design-build, stands out as a promising delivery method that promotes collaboration between project stakeholders. Although PDB has been successfully used across building, water/wastewater, and transit construction sectors, its implementation in the aviation industry is still limited because of legislative considerations, regulatory policies, and funding constraints. A research gap exists in systematically investigating current practices in implementing PDB in airport projects. The main objective of this study is to explore the selection criteria, implementation strategies, success factors, and lessons learned from using PDB for airport capital construction projects. This study employed a triangulation research methodology, including a comprehensive review of PDB guidance and manuals, an industry survey of 39 airports across the U.S., and structured interviews with 12 airport representatives. This study found that the top four criteria for selecting PDB are: flexibility to handle complexity, reducing claims, industry input on constructability, and cost control. The main benefits of using PDB for airport construction projects include improving project schedules, enhancing design control levels, and better management of project complexity and risks. This study contributes to the body of knowledge by providing insights into the current PDB practices for airport capital projects. Lessons learned from implementing PDB can help airport authorities and owners better administer and manage their projects.

Expand and extend postpartum Medicaid to support maternal and child health.

Most early maternal deaths are preventable, with many occurring within the first year postpartum (we use the terms "maternal" and "mother" broadly to include all individuals who experience pregnancy or postpartum and frame our recognition of need and policy recommendations in gender-neutral terms. To acknowledge limitations inherent in existing policy and the composition of samples in prior research, we use the term "women" when applicable). Black, Hispanic, and Native American individuals are at the most significant risk of pregnancy-related death. They are more commonly covered by Medicaid, highlighting likely contributions of structural racism and consequent social inequities. State-level length and eligibility requirements for postpartum Medicaid vary considerably. Federal policy requires 60 days of Medicaid continuation postpartum, risking healthcare coverage loss during a critical period of heightened morbidity and mortality risk. This policy position paper aims to outline urgent risks to maternal health, detail existing federal and state-level efforts, summarize proposed legislation addressing the issue, and offer policy recommendations for legislative consideration and future study. A team of maternal health researchers and clinicians reviewed and summarized recent research and current policy pertaining to postpartum Medicaid continuation coverage, proposing policy solutions to address this critical issue. Multiple legislative avenues currently exist to support and advance relevant policy to improve and sustain maternal health for those receiving Medicaid during pregnancy, including legislation aligned with the Biden-Harris Maternal Health Blueprint, state-focused options via the American Rescue Plan of 2021 (Public Law 117-2), and recently proposed acts (HR3407, S1542) which were last reintroduced in 2021. Recommendations include (i) reintroducing previously considered legislation requiring states to provide 12 months of continuous postpartum coverage, regardless of pregnancy outcome, and (ii) enacting a revised, permanent federal mandate equalizing Medicaid eligibility across states to ensure consistent access to postpartum healthcare offerings nationwide.

Examining the Societal Impact and Legislative Requirements of Deepfake Technology: A Comprehensive Study

Deepfakes, highly realistic fabricated videos, images, or audios created using artificial intelligence algorithms, have gained widespread attention and raised concerns about their social impact and ethical implications. While initially seen as a source of entertainment and utilized in commercial applications, deepfake technology has increasingly been misused for creating adult content, blackmailing individuals, spreading misinformation, and manipulating memories. The negative consequences of deepfakes extend beyond individuals, impacting society as a whole, particularly during sensitive times like elections, where trust can be undermined. The paper looks at the social implications and legislative considerations for deepfakes content, with the goal of cultivating a thorough understanding of their impact on society. By highlighting the importance of enacting laws and regulations, the paper emphasizes the pressing need to control their widespread dissemination. Deepfakes have broad societal implications, especially during critical events like elections, eroding trust. This survey delves into deepfake complexities, aiming to foster understanding and emphasizing the urgency of regulation. The paper also discusses the positive outcomes of deepfake technology for intellectual property protection, highlighting the FORGE system developed to trick attackers who steal company documents. However, it emphasizes the risks posed by easily accessible websites that facilitate the creation of fake identification documents, increasing the likelihood of identity theft, criminal activities, and fraudulent transactions. Implementing restrictions on the use of deepfake technology involving children is also crucial to prevent harm and manipulation targeting minors.

Comparative Analysis and Legislative Considerations of Elderly Guardianship Systems

Comparative Analysis and Legislative Considerations of Elderly Guardianship Systems

Preimplantation genetic testing: A remarkable history of pioneering, technical challenges, innovations, and ethical considerations.

Preimplantation genetic testing (PGT) has emerged as a powerful companion to assisted reproduction technologies. The origins and history of PGT are reviewed here, along with descriptions of advances in molecular assays and sampling methods, their capabilities, and their applications in preventing genetic diseases and enhancing pregnancy outcomes. Additionally, the potential for increasing accuracy and genome coverage is considered, as well as some of the emerging ethical and legislative considerations related to the expanding capabilities of PGT.

Position paper on postgraduate medical education on the occasion of hospital reform - postgraduate medical education must be considered. A joint position paper by Bündnis Junge Ärztinnen und Ärzte and AG Junge Gastroenterologie of the DGVS as well as the Young DGN.

The Bündnis Junger Ärztinnen und Ärzte (BJÄ, Alliance of Young Physicians in Germany) has presented a position paper (PP) on Postgraduate Medical Education (PGME) against the background of an unfolding hospital reform in Germany, and they describe existing deficits of PGME in Germany. Based on this, demands were made of legislators, employers and medical associations which could result in a sweeping reformation of PGME. Hospital reforms can only be accomplished with well trained and motivated physicians. In this respect the BJÄ regards the reform of hospitals and the health-care system as a chance for a reform of PGME, which is long overdue. Legislative competence for PGME lies with the States of the Federal Republic of Germany and this warrants an adjustment of state medical association laws to accommodate the demands of the BJÄ. Generally PGME must be taken into consideration in all health-care legislation, in analogy to the meanwhile globally adopted principle of "Health in all Politics (HiAP)". The BJÄ has made every endeavour to produce this PP. The responsible stakeholders and actors in the health-care system would be well-advised to take the position paper seriously with a dwindling physician work force in hospitals and serious quality deficits in PGME. Hence, the BJÄ must be comprehensively supported. They need congenial partners to define the scientific foundation of all their demands, to test their application under real life conditions in hospital and outpatient care, to pursue research on the impact on patient care and on the intended transformation of the health-care system. This might best be accomplished by partnering with a scientific Association for Postgraduate Medical Education as has been the case in many countries for decades.

Enhancing Legally-Based E-Government Services in Education Through Artificial Intelligence

Through the utilization of artificial intelligence (AI), governments can automate the analysis of publicly available government datasets. This process aids in the recognition of patterns and the development of a more profound comprehension of various socio-economic factors and empowers governments to base their policy decisions on data, effectively tackling societal issues, and optimizing the allocation of resources. In this paper we present AI’s application in the realm of e-government, with particular emphasis on its potential influence on the advancement of this field through e-government services and their significance for a range of stakeholders. Moreover, we have conducted comprehensive review of existing literature on the subject and the identification of avenues for enhancement along with consideration of legislation as a potent instrument to guide the progression of AI within the sphere of e-government, thereby amplifying its transformative effect. We emphasize the importance of education in area of AI in order to ensure it’s high quality implementation in this and other areas.

How do hospitals respond to input regulation? Evidence from the California nurse staffing mandate

Mandated minimum nurse-to-patient ratios have been the subject of active debate in the U.S. for over twenty years and are under legislative consideration today in several states and at the federal level. This paper uses the 1999 California nurse staffing mandate as an empirical setting to estimate the causal effects of minimum ratios on hospitals. Minimum ratios led to a 58 min increase in nursing time per patient day and 9 percent increase in the wage bill per patient day in the general medical/surgical acute care unit among treated hospitals. Hospitals responded on several margins: increased use of lower-licensed and younger nurses, reduced capacity by 16 beds (14 percent), and increased bed utilization rates by 0.045 points (8 percent). Using administrative data on discharges for acute myocardial infarction (AMI), I find a significant reduction in length of stay (5 percent) and no effect on the 30-day all-cause readmission rate. The null effect on readmissions suggests that length of stay declined not because hospitals were discharging AMI patients “quicker and sicker”, rather, AMI patients recovered more quickly due to an improvement in care quality per day.

Promoting trust in HAVs of following manual drivers through implicit and explicit communication during minimal risk maneuvers

The successful integration of highly automated vehicles (HAV) in future mixed traffic environments will depend, among other things, on their seamless, safe, and accepted interaction with other road users. Therefore, appropriate combination of light signals, as external human-machine interface (eHMI), and driving behavior, as dynamic human-machine interface (dHMI), is required consistently in order to develop trust of following manual drivers in HAVs. Especially, in borderline traffic scenarios where HAVs are confronted with challenges, such as loss of connectivity, so-called minimal risk maneuvers (MRMs) are performed abruptly. Here, understanding communication via eHMI and dHMI is crucial for road safety, as drivers need to prepare for maneuvers themselves. Therefore, two consecutive, explorative online video studies were conducted. Firstly, the appropriate braking dynamics for an MRM were evaluated. Secondly, insights into the eHMI communication strategy of an HAV during an MRM were gained. The overall aim of this work is to present strategies for implicit and explicit communication channels of an HAV in order to promote learned trust during MRMs from the perspective of drivers who follow them. The results show that adding novel eHMI designs (e.g., warning sign, 360° LED light-band) to conventional light signals positively affects the user experience in a first contact interaction. The findings could have a positive impact on the development of trust in HAVs. In conclusion, specific eHMI communication strategies can be highly supportive for following manual drivers in MRM scenarios, which may lead to legislative considerations in the future.

Acute and chronic pain in dogs and cats

Pain is a common condition of dogs and cats that is managed by veterinary surgeons with variable degrees of success. The complex pathophysiology of different types of pain is a significant reason why they can be challenging to manage. It is important to consider the goals and outcomes of any intervention(s) for both acute and chronic pain, but the cornerstone of the management of both is regular objective assessment with a validated scoring system. The feasibility of any interventions should also be considered with both the owner and animal in mind. Consideration of relevant legislation must be made when prescribing pharmacological therapies. Effectively managing acute pain may reduce the incidence of chronic pain in dogs and cats.

Framing the Australian extreme right: proposing a threefold typology with consideration of legislation and listing regulations

ABSTRACT The contemporary extreme right is home to diverse milieus, some of which challenge or confuse stereotypical understandings of the threat. This study seeks to describe and organise the different milieus of the Australian extreme right into a typology based on the past decade of observable violent activities. The typology proposes a threefold way to view the Australian extreme right: 1. ethnocentric milieus, who asymmetrically evaluate other peoples and cultures, commonly informed by abstractions and preconceptions, especially as related to religion or ethnicity; 2. anti-government milieus, who fixate on the government and its policies as the primary source of societal woes; and 3. religious milieus, spanning numerous religious traditions and faiths, who anchor their worldviews in theological constructions. Having developed this typology, we revisited counteractions anchored in international practice and domestic legislation. We suggest that the existing domestic legislative environment is sufficient to manage these threats when informed by international practice.

The Legal Status of a Pregnant Woman: An Intersectoral Aspect

The paper is devoted to the analysis of family and demographic policy in the context of determining the legal status of a pregnant woman under the Russian legislation, as well as the impact of a set of social support measures on the attractiveness of having many children in family planning. The author states that the absence of an established form of a woman’s pregnancy certificate is a huge disadvantage, since the issuance of a document is a legal fact with which the law connects the emergence, modification and termination of legal relations, the basis when a woman acquires a special social and legal status of a subject with a privileged position, reflected in various branches of Russian legislation. The paper analyzes judicial practice regarding the filing of claims by men for compensation for moral damage in connection with the termination of pregnancy by women without reaching a general agreement on the issue of family planning. In the transport sector, there is no uniform practice of providing transportation services to pregnant women by airlines. Regarding the legislation on sports, the author draws attention to the fact that the hormone released in the pregnant woman’s body is deemed doping. However, restrictions on access to competitions are discrimination, so it is not uncommon for a pregnant woman to receive an Olympic gold medal being heavily pregnant. The state of pregnancy is also of legal importance for criminal legislation, since a significant number of criminal law norms take into account the special status of a pregnant woman as a characteristic of the defendant’s personality, as well as as a circumstance that gives great public danger when the victim is the expectant mother. The granting of a special privileged status to a pregnant woman is also subject to consideration in housing legislation: the expectant mother should have the right to additional state support, including in terms of meeting housing needs. The author summarizes that for the Russian legislator, a pregnant woman is unconditionally a value whose rights and interests are protected as much as possible. The principle of state support for motherhood is reflected in the entire system of Russian legislation.

소상공인을 위한 법제에 대한 고찰 - 소상공인 운영자금 및 개인신용평가를 중심으로 -

2022년 12월 현재. 코로나19 재확산과 금리 인상과 함께 찾아온 경기둔화 등으로 소상공인들은 고용 악화, 가계소득 감소, 운영자금 경색의 문제에 직면했다. 「헌법」은 제123조에서 중소기업의 육성 등 에 관해 규정하여 중소기업의 보호와 지원에 대한 더욱 직접적인 「헌 법」상 근거를 마련하였다. 또한 「중소기업기본법」의 제정으로 중소기 업에 대한 체계적인 지원을 할 수 있게 되었다. 이후 「소상공인 보호 및 지원에 관한 법률」을 통해 소상공인 창업, 소상공인의 경영안정 및 성장 등을 위한 지원사업의 세부 내용을 정하였다. 비교적 최근인 2020년에 제정된 「소상공인기본법」을 통해 소상공인 영역을 경제정책 의 독립 분야로 보고 이들에게 특화된 기본법을 제정함으로써 소상공 인의 법적 지위와 권리를 보장하게 되었다. 이후 소상공인 자금지원사 업을 위한 일부개정안, 소상공인 피해지원을 위한 일부개정안, 소상공 인 금융통합지원센터 설립을 위한 일부개정안 등이 국회에 계류 중인 소상공인 관련 법률안이다. 입법의 경향성은 소상공인 지원을 위한 자 금 정책 등 구체적이고 실효적인 법안이 강조되고 있다는 점이다. 본 연구의 결과, 일반적인 소상공인 정책에서 공공성을 지닌 금융지원들 의 유형이 다양화되고 있음을 알 수 있었다. 특히 소상공인들에게는 대출만기 유예나 연장 정책이 유용했던 것으로 나타나 저금리 대출 전 환 등 부채 연착륙 방안의 마련이 요원한 상황이다. 소상공인들의 대 출은 현재의 심사평가제도 하에서는 장벽이 크다. 이에 개인심사평가 제도를 응용해서 소상공인을 위한 업종별, 매출액별, 경영 상황 등의 여러 가지 요인을 고려한 평가제도가 필요한 것으로 나타났다.

Digital euro issuance: A great opportunity with some risks

As new digital payments technologies such as cryptocurrencies emerge, the European Union has sought to provide cohesive and coherent solutions to protect its citizens from the risks associated with such instruments. In this context, this paper discusses the role of a possible digital euro as a tool to serve citizens on the one hand, and to protect monetary sovereignty on the other. To this end, the paper examines recent progress in the domain of central bank digital currencies, and assesses the considerations and risks involved. In particular, it discusses the legislative considerations relating to the possible introduction of a digital euro, ie whether the European Union and its institutions are already endowed with the sovereignty necessary to issue a digital euro, or whether ad hoc legislative intervention is necessary to legitimise the issuance of such a new instrument. The paper then goes on to assess the risks and benefits associated with the issuance of a digital euro. Finally, it will analyse the possible forms that a digital euro could take, evaluating the pros and cons of each. The conclusions will highlight how the introduction of such a new instrument provides an opportunity to be seized and exploited.

Lack of consideration of ecological connectivity in Canadian environmental impact assessment: Current practice and need for improvement

ABSTRACT This study seeks to understand the extent to which ecological connectivity has been considered in EIA in Canada. Several factors that may influence the consideration of connectivity were analyzed in an evaluation of 14 environmental impact statements (EIS) obtained from the Canadian Impact Assessment Registry. Connectivity is largely absent from the EIA process, and even projects that attempted to consider connectivity lacked the rigor required to effectively assess impacts on connectivity. Projects that included connectivity as a valued component performed somewhat better, whereas the assessment of connectivity was not affected by different federal environmental acts (CEAA 1992 vs. CEAA 2012), development sectors, or proponent types. Between sections of the EIS, a significantly greater number of evaluation criteria were met in the scoping section compared to all other sections. Without adequate guidance, connectivity analysis in EIA has been conducted ad hoc, with considerable variation in quality. Including connectivity consideration in EIA legislation would provide a legal framework to address the lack of policies, standards, and assessment guidelines. We provide recommendations for integrating connectivity in EIA in Canada and elsewhere.

Freedom of Assembly in Opinions and Reports of Venice Commission and Russian Legislation

The paper is devoted to the consideration in the Russian constitutional legislation of the legal stances of the European Commission for Democracy through Law» (Venice Commission) in the field of freedom of peaceful assembly. Freedom of peaceful assembly is closely associated with political struggle, relationship between civil society and the authorities. It is fixed at the constitutional level and therefore is a sensitive topic in law enforcement practice and relevant in special scientific research, of which there are currently a small number in Russian and foreign science of constitutional law. Therefore, this article, as applied to the Russian Federation, aims to complete this gap. The implementation of the research tasks was achieved on the basis of the analysis of the Guidelines of the Venice Commission on Consolidation of Freedom of Peaceful Assembly in the legislation of European states. The author used the following research methods: comparative legal, logical, institutional, formal legal, comparative legal. The paper examines the legal principles of the Venice Commission on Freedom of Peaceful Assembly and the extent to which they are taken into account in the constitutional legislation of the Russian Federation. The conclusion is made about the narrow understanding of freedom of peaceful assembly reflected in the wording «the right to assemble peacefully without weapons». In this regard, the Federal Law on Assemblies is devoted not to freedom of peaceful assembly but to the right to assemble peacefully, which may be restricted by the State to a greater extent than freedom of peaceful assembly. This created the basis for a positivist regulation of freedom of peaceful assembly with broad powers of public authorities and the possibility of restricting the right to assemble peacefully, without weapons, while, according to the Venice Commission, the State should create adequate mechanisms and procedures to ensure that freedom of peaceful assembly is not subjected to excessive bureaucratic regulation. The Constitutional Court of the Russian Federation has largely adjusted Russian legislation on public events, bringing it closer to the legal standings developed by the Venice Commission.

Modelling budget management for public service in South African Municipalities: A structural equation modelling approach

Background: For more than two decades, many municipalities have failed to render services effectively because of lack of competency and budget management skills to manage budgets. This has resulted in either over or under expenditure, which ultimately leads to poor service delivery.Aim: This study aimed to develop a budget management model to improve public service in South African municipalities.Setting: Three municipalities in the Western Cape, Eastern Cape and Free State are the areas where data were collected by researchers.Methods: A quantitative research approach was employed and an online questionnaire was used for data collection from 261 participants in three municipalities. A structural equation modelling approach was used to develop the budget management model.Results: The results revealed that risk management (RM), cash flow management (CFM) from employee perceptions have a positive impact on budget management; whereas CFM from general compliance with legislative consideration (LC) have a negative impact, budget planning (BP) and revenue and expenditure management (REM) have low impact on budget management for public service.Conclusion: The study highlights the key factors (i.e. RM, BP, CFM, LC and REM) as a result of which managers at various levels fail to manage budgets effectively. The proposed model adds new insights to respond to budget management challenges. It is recommended that municipalities must improve their budget management skills for an effective public service. Findings from this study contribute to the existing body of knowledge by proposing a budget management model for public service in South Africa.

A Study of Recording and Processing Post-Disaster Damage Assessments

Based on the lessons learnt from post-disaster damage assessments, the survey of damages scattered in a large area can be performed in different ways. One typical reason for this is that the time interval of the damage assessments may be different in many cases. In Hungary, special IT subsystems were used in an unusual way during the previous damage claims and assessments, which would have addressed the immediate assessment of buildings and the data of the damage reports in a uniform manner. The basic framework of the data recording and data processing IT subsystems for the assessment of large-scale damages can provide a faster, a more accurate and a more uniform application, which may increase efficiency. In this study, the authors attempted to map a conceptual framework for data recording and data processing software for assessing damages in careful consideration of the relevant legislation.