Creation Of Legislation Research Articles

Alcohol norms and their enforcement: an assessment from a socio-legal perspective

The socio-legal perspective on the alcohol legislation, including the norms concerned with the relationship between individuals and alcoholic drinks, helps answering some essentials questions: what was/is the "social construction" of the alcohol problem in different eras and different cultures and, consequently, which objectives are deemed to be worthy of pursuit through the creation or amendment of legislation? Which social actors have the ability, in a given period of time, to inscribe the relevance of innovative alcohol legislation on the political agenda and what kind of dialectic is used among those who champion points of view, competences and above all, different interests? Which interests and values would appear to meet with legislatory protection time after time? What tools, of the ample range available, are chosen to achieve the aims set out? To what extent is legislation implemented (or not implemented), and why? Which aspects of the implementation process prove to be most significant, i.e. define the actual content of the legislation "in force", and are therefore tangibly experienced by the law's end target? How much of an impact does legislation have on behavior which is subject to regulation or on problems which stem from such behavior?

Le norme sulle bevande alcoliche e la loro applicazione: un bilancio nella prospettiva socio-giuridica

The socio-legal perspective on the alcohol legislation, including the norms concerned with the relationship between individuals and alcoholic drinks, helps answering some essentials questions: what was/is the construction of the alcohol problem different eras and different cultures and, consequently, which objectives are deemed to be worthy of pursuit through the creation or amendment of legislation? Which social actors have the ability, a given period of time, to inscribe the relevance of innovative alcohol legislation on the political agenda and what kind of dialectic is used among those who champion points of view, competences and above all, different interests? Which interests and values would appear to meet with legislatory protection time after time? What tools, of the ample range available, are chosen to achieve the aims set out? To what extent is legislation implemented (or not implemented), and why? Which aspects of the implementation process prove to be most significant, i.e. define the actual content of the legislation in force, and are therefore tangibly experienced by the law’s end target? How much of an impact does legislation have on behavior which is subject to regulation or on problems which stem from such behavior?

'Lip Service' for Girls: Policy Implementation and the Juvenile Justice System

Girls make up over a quarter of juvenile arrests in the United States (Chesney-Lind and Pasko 2004, 9). Yet the juvenile justice system, for the most part, completely ignores their existence. According to the authors of The Female Offender: Our stereotype of the juvenile delinquent is so indisputably male that the general public, those experts whose careers in criminology have been built studying ‘delinquency,’ and those practitioners working with delinquent youth, rarely consider girls and their problems (Chesney-Lind and Pasko 2004, 9).There are many disparities between the treatment female juveniles receive and that which male juveniles receive. There has been much discussion among the states regarding the discrimination of females in the juvenile justice system as well as the high levels of minority confinement and overrepresentation in the system. However, there have been few states to attempt to deal with this through the creation of legislation that specifically targets the unique needs of female juveniles and, more specifically, female juveniles of color. There is a need for gender specific and race specific programs. Many of the attempts that have been made have not fully lived up to their potential or the goals set by the lawmakers who created the legislation. The policymaking process, with a main focus on implementation, will be considered within the state of Florida as, in 2004, Florida became only the second state to pass legislation that mandated the creation of gender specific programming for the juvenile justice system. Florida has been attempting implementation of this gender oriented policy since its passage and is still unable to provide the uniform resources required by the legislation across all of its 67 counties. In order to determine why this is the case, the counties will be studied to compare those that have been able to make the necessary changes to their juvenile justice systems with those that have failed to meet the established guidelines. An assessment of each county as well as of the overall legislation will be made to determine how implementation is being completed, where it is failing, where it could be improved, and where it is thriving. It will be important to determine the exact circumstances under which the required services are not properly being provided to female juveniles to enable authorities to rectify this situation.This is particularly true for females of color. While data is not consistent across the country, it has been shown that minority youth are overrepresented in the system. This overrepresentation is disproportionately made up of African American youth (Snyder and Sickmund 1999). It has also been shown that “differences in the offending rates of white and minority youth cannot explain the minority overrepresentation in arrest, conviction, and incarceration counts” (Snyder and Sickmund 1999, 193). Two-thirds of the studies in this area found that the racial and/or ethnic status of the juvenile influenced the decision-making within the judicial system (Snyder and Sickmund 1999). Unfortunately, while Florida has attempted to pass legislation that would deal with racial overrepresentation in a similar manner to its gender specific programming legislation, this has yet to come to fruition as it continues to be stalled in the legislature.Overall, this will be an attempt to determine whether gender specific programming legislation which affects female juveniles has been implemented effectively for all juveniles. A determination will also be made as to whether under these new programs girls of color are being treated more successfully than they were under a male-centric juvenile justice system even though they are not specifically being targeted with programs beyond that which deals with their gender. We must understand these important issues if we are too fully and realistically create policies in the United States that allow for the consideration of girls’ issues in the juvenile justice system and, as a result, improve the administration of justice, not just for these girls, but for all juveniles.

Hygiene inspections on passenger ships in Europe - an overview

BackgroundHygiene inspections on passenger ships are important for the prevention of communicable diseases. The European Union (EU) countries conduct hygiene inspections on passenger ships in order to ensure that appropriate measures have been taken to eliminate potential sources of contamination which could lead to the spread of communicable diseases. This study was implemented within the framework of the EU SHIPSAN project and it investigates the legislation applied and practices of hygiene inspections of passenger ships in the EU Member States (MS) and European Free Trade Association countries.MethodsTwo questionnaires were composed and disseminated to 28 countries. A total of 92 questionnaires were completed by competent authorities responsible for hygiene inspections (n = 48) and the creation of legislation (n = 44); response rates were 96%, and 75.9%, respectively.ResultsOut of the 48 responding authorities responsible for hygiene inspections, a routine programme was used by 19 (39.6%) of these to conduct inspections of ships on national voyages and by 26 (54.2%) for ships on international voyages. Standardised inspection forms are used by 59.1% of the authorities. A scoring inspection system is applied by five (11.6%) of the 43 responding authorities. Environmental sampling is conducted by 84.1% of the authorities (37 out of 44). The inspection results are collected and analysed by 54.5% (24 out of 44) of the authorities, while 9 authorities (20.5%) declared that they publish the results. Inspections are conducted during outbreak investigations by 75% and 70.8% of the authorities, on ships on national and international voyages, respectively. A total of 31 (64.6%) and 39 (81.3%) authorities conducted inspections during complaint investigations on ships on international and on national voyages, respectively. Port-to-port communication between the national port authorities was reported by 35.4% (17 out of 48) of the responding authorities and 20.8% (10 out of 48) of the port authorities of other countries.ConclusionThis study revealed a diversity of approaches and practices in the conduct of inspections, differences in the qualifications/knowledge/experience of inspectors, the legislation applied during inspections, and the lack of communication and training among many EU countries. An integrated European inspection programme involving competent expert inspectors in each EU Member States and special training for ship hygiene delivered to crew members and inspectors would help to minimize the risk of communicable diseases. Common inspection tools at a European level for hygiene inspection practices and port-to-port communication are needed.

The illusion of protection? An analysis of forced marriage legislation and policy in the UK

This article examines the background, provisions and implications of the 2007 Forced Marriage Civil Bill, with specific regard to the UK government's present efforts to address the problem of forced marriage. It maps the tensions inherent in the creation of civil and criminal legislation to tackle forced marriage in the UK. The debates on the origins, design and workings of the 2007 Forced Marriage Civil Protection Act are considered, as are its implications for victims, prosecutors and criminal law in general. By exploring how the dominant discourses on forced marriage have shaped recent legislation, and the state's response to this problem (focused myopically on the legal system), this article evaluates how effective forced marriage legislation is for protecting vulnerable black and minority ethnic (BME) women in the UK, while also offering reflections on the current challenges confronting attempts to implement legal measures.

The New South Wales strata and Community Titles Acts

PurposeThe purpose of this paper is to present a case study of the legislative creation of high rise and master planned communities to provide a common basis for future discussions, research and international comparison in the field.Design/methodology/approachThe case study addresses relevant legislation in the Australian state of New South Wales. This has been a model for that in other jurisdictions, including Singapore, the UK and the Dubai International Financial Centre. The legal terms and their significance are discussed in a way that is comprehensible to both lawyers and non‐lawyers.FindingsThe legislation is shown to have achieved a range of outcomes that are not possible in ordinary Anglo‐Australian property law. For example, it has created governing “bodies corporate” which regulate communities with private by‐laws and facilitates the continued enforcement of detailed architectural guidelines imposing a master plan.Research limitations/implicationsThe research describes the legal framework for the creation of communities in a single jurisdiction. More research is needed on the specific way that legal structures hinder or promote satisfactory community living in this and in other jurisdictions.Originality/valueThe paper will aid discussions between a range of academics and practitioners working on high rise and master planned communities. It will assist communication between lawyers and non‐lawyers, providing a clear description of the significance of legislation in the creation of communities. It will facilitate transnational discussion, as differences in legal systems and inconsistent terminology are a barrier to effective communication and common understanding.

Using surveillance data to promote occupational health and safety policies and practice at the state level: A case study

Following the investigation of a birth defects cluster involving migrant farmworkers employed in North Carolina and Florida, it became clear that greater efforts were needed to protect agricultural workers from pesticide exposure. Documentation is drawn from peer-reviewed published articles, government reports and news accounts. The birth defects cluster was identified and investigated by state and federal pesticide poisoning surveillance system staff. Following the investigation, efforts were initiated to highlight pesticides as an important public health issue needing more attention. A series of subsequent events led to the creation and passage of important legislation recently enacted in North Carolina. The legislation resulted in funding to promote various activities to prevent harm from pesticides including strengthening surveillance, improving the quality of pesticide compliance inspections, and increasing and improving pesticide safety training. The legislation also broadened the coverage of anti-retaliation rules to include agricultural workers, and increased recordkeeping requirements pertaining to pesticide applications. The important and positive impacts that can occur through surveillance activities are highlighted. As such, it is important to continue to support and improve occupational illness and injury surveillance programs.

Abstract C-D2-05: Creation of State Legislation to Protect and Facilitate Use and Exchange of Electronic Health Information

Abstract C-D2-05: Creation of State Legislation to Protect and Facilitate Use and Exchange of Electronic Health Information

REGULACIÓN DE LA INVESTIGACIÓN CLÍNICA Y COMITÉS DE ÉTICA EN PERÚ: CRÓNICA DE CAMBIOS

Due to the progressive advance of clinical investigation, new demands and requirements are made necessary, such as: the formation of ethics committees, the creation or adaptation of legislation, and increased training for researchers, among others. The objective of this article is to report on what occurred with the Peruvian Regulation of Clinical Tests and to analyze if the Peruvian regulation includes an effective participation of the community in ethics committees.

Toward a humanistic approach in psychiatry

To be human, means to be at play (C.G. Jung). The democratisation of the east european societies caused an important development in the health system of these countries and in particular of mental health. Within the medicine itself, psychiatry as a special branch of it, is undergoing changes rapidly due to this important development in medicine. Relations of psychiatry with the rest of medicine and the relations of psychiatry with the society are changing. In this respect psychiatry deserves special attention. The psychiatry in our times is to overcome some of the challenges that are useful to patients and also to the society. One key challenge is the preservation of the human rights of mentally ill patients. The emphasis on human rights led gradually to the emphasis on the partnership between doctors and their patients and in the treament process. Mental health care is the mirror of the society. All people like freedom and do not want to live in a restricted manner. The trend of today in psychiatry is against large hospitals for mentally ill people, where close spaces and isolation are evident. The process of transition has introduced important events in our everyday life and behavior of people. The creation of new legislation caused the regulation of patients rights, of informed consent, of involuntary hospitalization and also of the treatment.

Marine Protected Areas in Sri Lanka: A Review

Despite the popularity of marine protected areas (MPAs) as a management tool, increasing evidence shows that many fail to achieve conservation objectives. Although several MPAs exist in Sri Lanka, most are not managed, and resource extraction and habitat degradation continue unabated. At present, the declaration and management of MPAs is carried out without adequate consideration of the ecology, socioeconomic realities, or long-term management sustainability. Managers have focused more toward the creation of new legislation and protected areas rather than ensuring the implementation of existing regulations and management of existing protected areas. Poor coordination and a lack of serious political will have also hindered successful resource management. As in other developing countries, MPA managers have to contend with coastal communities that are directly dependant on marine resources for their subsistence. This often makes it unfeasible to exclude resource users, and MPAs have failed to attract necessary government support because many politicians are partial toward the immediate needs of local communities for both economic and political reasons. A more integrated approach, and decisions based on the analysis of all relevant criteria combined with a concerted and genuine effort toward implementing strategies and achieving predetermined targets, is needed for effective management of MPAs and the sustainable use of marine resources in Sri Lanka.

Territorializing Regulation: A Case Study of “Social Housing” in England

This article shows that the legislative creation of new regulatory regimes can be approached as a process that carves out new territories of governance. Specifically, using the theoretical framework of social space, it explores the formation of a regulatory community arising out of the United Kingdom's Housing Act 1974, a community made up of the regulatees—not-for-profit housing associations—and the state regulator. The article demonstrates that the process of carving out a new territory of governance and the “spatial practices” of the occupiers of this new territory both enable the community to establish a large element of control of the regulatory regime. This analysis challenges an understanding of law as top-down, substituting a more nuanced, three-dimensional understanding of the production of norms and “common sense.” Regulatees are not just subject to regulation but shape the space through their expertise and social relations.

The benefits of drinking water quality regulation – England and Wales

This paper aims to demonstrate that the regulation of drinking water quality in England and Wales has been successful in securing the improvements to drinking water quality resulting in better performance against EU and national standards. The water industry in England and Wales went through a major change in 1989 when suppliers were privatised and the government set up a robust regulatory regime. The regime was necessary as the industry was, as a result of privatisation, a monopoly with customers having no choice of supplier, unlike what was later available with other utilities such as gas or electricity. The regime would protect the interests of the consumer, the environment and public health through the quality of the product. The Drinking Water Inspectorate (DWI), as established in 1990, had to ensure the implementation of the European Drinking Water Directive (DWD) that had been transposed into national legislation. The aim of the DWD is to ensure that all EU Member States provide drinking water of a prescribed quality. In England and Wales, a body was required to oversee the performance of the industry against those standards, reporting to the Government and the European Commission. Through acts and legislation, the set up of the industry, the duties of the suppliers and regulators and the powers available to the regulators were established. The improvements to drinking water quality since privatisation were achieved by massive investment of the privatised water industry overseen by an independent regulator with clear duties and the powers to inspect, enforce and prosecute. The DWI's achievements show that to improve quality performance with the ability to report in detail how the improvements were made with extensive data evidence, a special regulator is required. The DWI advises policy departments and Ministers and when there are serious concerns regarding a threat to human health through drinking water, the highest level of regulatory power is the creation of new legislation, for example, the Cryptosporidium regulations that are unique to the UK. The DWI is more than what is traditionally thought of as a regulator because it has a single remit--drinking water quality--and its style of regulation has been key to improved drinking water quality in England and Wales.

The History of Probation: Politics, Power and Cultural Change 1876-2005

Probation has a long-standing tradition of recruiting practitioners who believe in the capacity of human beings for transformation. As befits a relatively benevolent criminal justice agency which has traditionally focused on changing rather than containing people, probation staff have tended to be strongly motivated to work with their chosen client group (offenders) in order to facilitate their reintegration into society. As we approach the hundredth anniversary of the legislative creation of the probation service, two authors who can draw on immense probation practice experience have produced a broad-ranging historical account of the development of probation in England and Wales. As Whitehead and Statham ably demonstrate in this rigorously researched history, contemporary probation is a radically different institution from the model fashioned by the early pioneers of rehabilitation in the community. This is, above all, a timely book. Probation intervention with offenders now occupies centre stage in the criminal justice process. The effectiveness and quality of that intervention have been subjected to a remorseless level of public, political and media scrutiny unprecedented in probation's history. Some of this criticism may be misplaced. The daily probation caseload of 200,000+ clients includes 13,000 offenders who present a high or very high risk of re-offending. Last year, 0.6 per cent of these were charged or convicted of a further serious offence; this is a relatively low figure, given all the circumstances. At the same time, the probation service has been experiencing a period of intense structural, organizational and cultural change. The authors explore how probation's professional ethos has undergone upheaval as the service has embarked on a process of radical transformation from what was, in essence, an organization engaged in social work intervention with offenders to an agency whose key imperative is law enforcement. This shift away from a social work value base is paralleled by a further shift in values, transferring at least part of probation provision out of the public sector and towards private provision. A unique and internationally renowned culture which had emphasized rehabilitation as its primary aim is being transformed.

Pediatric neurosurgical injuries associated with all-terrain vehicle accidents: a 10-year experience at St. Louis Children’s Hospital

All-terrain vehicles (ATVs) have been characterized as inherently unstable and are associated with significant pediatric injuries in the US. The authors performed a study to analyze data obtained in pediatric patients who had sustained neurological injuries in ATV-related accidents, identify potential risk factors, and propose preventive measures. The study is based on a 10-year experience at the St. Louis Children's Hospital. The authors retrospectively analyzed data obtained in all patients admitted to the St. Louis Children's Hospital between 1993 and 2003, limiting their focus to pediatric cases involving ATV-related accidents. A total of 185 patients were admitted with these criteria. Sixty-two patients (33.5%) suffered neurological injuries; there were 42 male and 20 female patients whose age ranged from 2 to 17 years. The most common injuries included skull fracture (37 cases) and closed head injury (30 cases). There were 39 cases of intracranial hemorrhage and 11 of spinal fracture. A total of 15 types of neurosurgical procedure were performed: six craniotomies for hematoma drainage, five craniotomies for elevation of depressed fractures, two procedures to allow placement of an intracranial pressure monitor, one to allow placement of an external ventricular drain, and one to allow the insertion of a ventriculoperitoneal shunt. Two patients had sustained spinal cord injury, and three procedures were performed for spinal decompression or stabilization. The duration of hospital stay ranged from 1 to 143 days (mean 6.6 days). Fifty-seven patients (30.8%) were eventually discharged from the hospital, three (1.6%) were transferred to another hospital, two (1.1%) died, and 123 (66.4%) required in-patient rehabilitation. Children suffered significant injuries due to ATV accidents. In passengers there was a statistically significant increased risk of neurological injury. The relative risk of neurological injury in patients not wearing helmets was higher than that in those who wore helmets, but the difference did not reach statistical significance. Further efforts must be made to improve the proper operation and safety of ATVs, both through the education of parents and children and through the creation of legislation requiring stricter laws concerning ATV use.

The Uniform Anatomical Gift Act and Organ Donation in the United States

The Uniform Anatomical Gift Act (UAGA) and its periodic revisions provide a template for the creation and amendment of legislation to adjust public policy and align it with developments in medical practice. It is also a model for statutory response to societal change as well as changes in regulatory and judicial precedents. Conversely, the history of the UAGA shows the limits of legislation to achieve certain social goals.

Nutrition Surveys in Burma and Northeast Brazil

Participation of the author in the Interdepartmental Committee on Nutrition for National Defense sponsored nutrition surveys of Burma and northeast Brazil is described. These surveys not only collected important data on nutritional status but also guided the subsequent research interests of the author. The Brazil survey results contributed to the creation of legislation that mandated the addition of water-dispersible vitamin A to skimmed-milk powder products. This additive has greatly diminished the likelihood of vitamin A deficiency syndrome occurring in children after famine relief efforts.

Fisheries Management in Post-Soviet Russia: Legislation, Principles, and Structure

This article reviews the legislation, principles, and structure of Russian fisheries management since the break-up of the Soviet Union. The creation and implementation of Russian fisheries legislation has been slow and fumbling, and the structure of fisheries management in flux. One reason for this is the ideological gap between the federal bodies involved in the regulation of the fisheries. The State Committee for Fisheries defended the “traditional” fishery values, such as the continued supply of fish to Russian ports, while others were more concerned with revenues. A reorganization in 2004 split the State Committee for Fisheries into three agencies under the Ministry of Agriculture.

Polygamy, sexual danger, and the creation of vagrancy legislation in colonial natal

(2003). Polygamy, sexual danger, and the creation of vagrancy legislation in colonial natal. The Journal of Imperial and Commonwealth History: Vol. 31, No. 3, pp. 24-45.

Perceptions About the Criminalization of Elder Abuse among Police Chiefs and Ombudsmen

The 1990s witnessed the criminalization of elder abuse. This criminalization included the creation of mandatory-reporting legislation, increased penalties for elder abusers, and modifications in criminal procedures for older victims. Little attention has been given to those officials actually involved in deciding how elder abuse cases should be handled. This research considers the sanctions recommended by police chiefs and ombudsmen for six different types of offenses against seniors. Attention is also directed toward potential differences between the groups' attitudes about elder abuse. Results indicate that ombudsmen see nursing home offenses as more severe than street offenses or white-collar offenses. Police chiefs see street offenses as the most severe offense type. Implications are provided.