Enforcement Status Research Articles

Quantifying water effluent violations and enforcement impacts using causal AI

AbstractIn the landscape of environmental governance, controlling water pollution through the regulation of point sources is vital as it preserves ecosystems, protects human health, ensures legal compliance, and fulfills global environmental responsibilities. Under the Clean Water Act, the integrated compliance information system monitors the compliance and enforcement status of facilities regulated by the National Pollutant Discharge Elimination System (NPDES) permit program. This study assesses temporal and geographic trends for effluent violations within the United States and introduces a novel metric for quantifying violation trends at the facility level. Furthermore, we utilize a linear parametric approach for Conditional Average Treatment Effect (CATE) causal analysis to quantify the heterogeneous effects of EPA and state enforcement actions on effluent violation trends at facilities with NPDES permits. Our research reveals insights into national pollutant discharge trends, regional clustering of all pollutant violation types in Ohio ( Z‐score of 2.15), and priority pollutants in West Virginia ( Z‐score of 3.07). The trend metric identifies regulated facilities that struggle with severe and recurring violations. The causal model highlights variations in state compliance and enforcement effectiveness, underscoring the successful moderation of violation trends by states such as Montana and Maryland, among others.

Правовое положение иностранных граждан при исполнении уголовных наказаний: история, современное состояние, перспективы развития

The article discusses the peculiarities of the application of Russian penal enforcement legislation in relation to a special specific category of convicts - foreign citizens. In the course of the research, general and special methods of scientific cognition were used: dialectical, formal-logical, functional, system-structural, comparative-legal, as well as the method of legal modeling. Attention is drawn to the development of the penal status of foreign citizens since the XVII century. The paper notes that the process of execution of criminal penalties with the participation of foreign persons has peculiar features. The authors come to the conclusion that the need to improve the legal regulation of the penal enforcement status of convicted foreign citizens makes it possible to propose the introduction of an additional measure of punishment in relation to the category of convicts under study - the criminal expulsion of foreign citizens from the Russian Federation.

The impact of corporate environmental disclosure practices and board attributes on sustainability: Empirical evidence from Asia and Europe

This study analyzes the impact of environmental disclosure, board attributes, and firms' specifics on the levels of environmental and ESG performance in Europe and Asia. The study utilizes secondary data from Refinitiv Eikon database for 8094 firms for the period between 2016 and 2021. The study employs panel data analysis using fixed effect models to estimate the results. The findings suggest that disclosure on emissions, innovations, environmental controversies, environmentally friendly products, proactive environmental investments, environmental expenses, and fines charged by authorities have a positive and significant influence on the level of firms’ environmental and ESG performance. Furthermore, the study identifies board tenure, independence, size, and meetings as being associated with greater levels of environmental disclosures, reporting, and sustainability score. However, board diversity is found to have a limited contribution to environmental disclosures, especially in Asian countries. Additionally, the results reveal that companies with higher revenue growth, larger size and market capitalization, and better performance have greater and better disclosure of environmental and sustainability issues. The study provides practical implications for policymakers to establish comprehensive guidelines for environmental and sustainability reporting based on the analysis of institutional, regulatory frameworks, legislation, and sustainability score enforcement status of the country.

Racial differences in legal socialization models across adolescence and emerging adulthood.

White and non-White adolescents report different experiences in the legal system. This disparity impacts their evaluations of, and attitudes toward, legal authorities such that non-White and older adolescents tend to perceive the legal system more negatively. Yet, many researchers assume that the process of legal socialization, which involves internalizing norms and information about the law and the legal system, is universal for all ages and races. We hypothesized that legal socialization models would change over the course of adolescent development and would differ by race. We used data from two longitudinal studies to examine racial differences in the integrated legal socialization model in early, middle, and late adolescence. Study 1 included 140 young adolescents (59% White, 41% non-White), and Study 2 included 296 midadolescents (82% White, 18% non-White) followed into late adolescence/emerging adulthood. Study 1 identified differences in the integrated legal socialization model for young White and non-White adolescents. Normative status predicted rule-violating behavior for White participants, whereas no predictors or mediators related to rule-violating behavior for non-White participants. In Study 2, legal and moral reasoning during midadolescence became relevant in the model for both groups. Enforcement status predicted rule-violating behavior for non-White youth, whereas normative status continued to predict rule-violating behavior for White youth. In late adolescence/emerging adulthood, differences in the model shifted toward the relation between reasoning and legal attitudes. Our findings suggest that legal socialization is a developmental process occurring and changing throughout adolescence and that this developmental process differs for White and non-White youth. (PsycInfo Database Record (c) 2023 APA, all rights reserved).

Law enforcement functions in the activities of the personnel of the State Criminal and Executive Service of Ukraine

The article is dedicated to the theoretical and legal analysis and doctrinal substantiation of law enforcement functions in the activities of the personnel of the State Criminal and Executive Service (SCES) of Ukraine.
 It is noted that the effectiveness of the personnel’s activities depends on its social and legal guarantees, which make it possible: firstly, to maintain the prestige of one or another profession (service), its social weight (role and significance); secondly, to provide personnel and their family members with the constitutional right to a sufficient standard of living for themselves and their families, which includes adequate food, clothing, and housing (Art. 48 of the Basic Law of Ukraine); thirdly, to guarantee the safety of workers and their close relatives.
 The conducted analysis showed that in the conditions of executing by the SCES of Ukraine the task of implementation of the state policy in the field of execution of criminal punishments (during which one of the key criminal and executive principles is ensured – the safety of convicts and personnel), it is quite appropriate for the SCES of Ukraine to belong to the law enforcement sphere, with the exception of educational institutions, which follows from Art. 11 of the Criminal and Executive Code of Ukraine and Art. 6 of the Law of Ukraine «On the State Criminal and Executive Service of Ukraine».
 It was emphasized that the recognition of some institutions of the SCES of Ukraine as law enforcement agencies and the special types of operational and service activities of their employees require increased legal and social protection of the personnel of the SCES of Ukraine, which are guaranteed by the laws of Ukraine «On State Protection of Employees of Courts and Law Enforcement Agencies» and «On the State Criminal and Executive Service of Ukraine».
 It was concluded that the fact of recognition of bodies and institutions for the execution of punishments, remand prisons as law enforcement agencies of Ukraine does not contradict Art. 71 of the European Penitentiary Rules, since this international norm binds the penitentiary department not to law enforcement activities, but to some departments, which, according to the international public opinion, are not compatible with penitentiary practice.
 A caveat has been made that in case of exclusion a law enforcement status from the sphere of activities of the SCES of Ukraine, its personnel will lose the currently existing social and legal protection, which will put them in an increased degree of danger from the specifics of criminal and executive legal relations related to direct contact with convicts and remand prisoners.

Reviewing Constitutional Court Decision Number 91/PUU-XVIII/2020 Regarding Formal Review of Job Creation Act: a Progressive Law Perspective

The Constitutional Court Decision Number 91/PUU-XVIII/2020 states that the Job Creation Act has a formal defect and must be corrected within 2 (two) years since the decision was pronounced. The a quo decision created a discourse in the community regarding the enforcement status of the Job Creation Act. This paper tried to review constructively using the perspective of progressive law and judicial proportionality in finding solutions and balances. This paper used a normative juridical research method, with a conceptual, case, and legislation approach. Progressive law in Satjipto Rahardjo's perspective has four criteria. The first has a big goal in the form of human welfare and happiness. Second, contains very good human moral content. Third, progressive law is a "liberating law" which includes a very broad dimension that does not only move in the realm of practice but also theory. Fourth, it is critical and functional, because it does not stop reviewing existing deficiencies and finding ways to improve them. Meanwhile, the principle of proportionality emphasizes the alignment of goals to be achieved, rational relationships, steps that must be taken, and the feasibility between the benefits obtained in realizing the goals to be achieved and the losses suffered against constitutional rights. Based on this explanation, it can be concluded that the Constitutional Court Decision Number 91/PUU-XVIII/2020 is in line with the concept of progressive law and tried to find out a middle way through a judicial proportionality approach by considering the smallest potential loss from the issuance of the decision.

Percieved Utilization of Cloud Computing Towards Acceptance of Employees in Medical Records Department of King Khalid General Hospital in Hafar Al-Batin

The study has been carried out with the objective to explore the provision of occupational safety and health standards in Nepalese legislation in building construction of Gautam Buddha International Airport. For this building such as international terminal building, administrative building, control tower, and fire rescue block were taken for study and analysis. For this population size, sample size of respondent was taken through purposive sampling method. The study found that enforcement status of rules and regulations at construction site was not satisfactory. Most of the workers even didn’t hear about labour act and labour regulation, yet. There was poor implementation of rules & regulations in project site by contractor. Not even a single project was found of having provision of safety officer and no any factory inspector visit to project site till date by which it could easily predict the implementation status of labour act and labour regulation. While a legal framework has been developed, the proper implementation of such legislation is a must to keep up with changing times. The workers must be aware of safety requirement. A saturator action against the issue should be enforced through strong safety committee.

A Puzzle of Enforceability: Why do Moral Duties Differ in their Enforceability?

Abstract When someone is poised to fail to fulfil a moral duty, we can respond in a variety of ways. We might remind them of their duty, or seek to persuade them through argument. Or we might intervene forcibly to ensure that they act in accordance with their duty. Some duties appear to be such that the duty-bearer can be liable to forcible interference when this is necessary to ensure that they comply with them. We’ll call duties that carry such liabilities enforcement-apt. Not all duties seem to be enforcement-apt. Some, for example, accept that a person in a monogamous marriage has a moral duty to refrain from infidelity, but deny that a spouse can be compelled to comply with their duty to be faithful without transgressing her rights. More controversially, some think that our duties to assist others in severe need are not enforcement-apt. What could explain the contrast between duties that are enforcement-apt while and those that are not? We’ll call this the puzzle of enforceability and our paper considers three broad strategies for responding to it. The first strategy takes the form of identifying some substantive feature or features that are necessary and/or sufficient for a duty to possess some enforcement status. We consider a range of candidate explanations of this sort but find that none are plausible. The second strategy rejects the idea that there are genuinely enforcement-inapt duties and instead seeks to explain why there can nonetheless be marked differences amongst duties concerning how they can be enforced and who can enforce them. We find that this strategy too is largely unsuccessful. The third strategy offered seeks an explanation of differences in enforcement status by appeal to the broader social costs of enforcing certain kinds of duties. We find that this approach holds some promise but note that it requires adopting a controversial set of moral commitments. We conclude by considering our options in the absence of a solution to our puzzle.

Law Enforcement Status of the Act on Promotion of Recycling of Small Waste Electrical and Electronic Equipment in Municipalities and Future Challenges for Institutional Reform

Law Enforcement Status of the Act on Promotion of Recycling of Small Waste Electrical and Electronic Equipment in Municipalities and Future Challenges for Institutional Reform

Emotion: The forgotten component of legal socialization

AbstractLegal socialization researchers have largely ignored the importance of emotion in the legal socialization process and engagement in crime. The purpose of the current study was to argue the potential importance of moral emotions (e.g., guilt) in legal socialization and take a preliminary step to integrate an emotion component into an existing model. The current study investigated whether the moral emotion of guilt, using both proneness and anticipatory measures, would predict rule‐violating behavior (RVB) as part of the integrated cognitive legal socialization model. The study used survey data from 474 participants who were part of a longitudinal study of adolescent rule‐violating behavior. Results showed that guilt proneness functioned as a predictor of RVB in parallel with legal reasoning, while anticipatory guilt served as a mediator in parallel with normative attitude mediators. Enforcement status (i.e., feeling people should be punished for committing RVB) mediated the relation between guilt proneness and RVB, while normative status (i.e., approval for engaging in RVB) and anticipatory guilt mediated the relation between legal reasoning and RVB. These findings help to advance legal socialization by demonstrating the unique contribution of emotion in legal socialization theory and provide a foundation for future research in this area. The implications for the role of emotion in both the integrated cognitive legal socialization model and the procedural justice legal socialization model and future directions for further inquiry are discussed.

Status Quo of Enforcing Commercial Arbitral Awards in the People’s Republic of China: An Empirical Study of the Enforcement Practices in China’s Two Economically Less-Developed Regions

This article gives some insights into the practices for enforcing commercial arbitral awards in China’s two anonymized economically less-developed regions. By virtue of the empirical and qualitative data contributed by empirical research, this article depicts this theme from three aspects, namely, the general sociocultural environment for enforcement; practitioners’ perceptions; and the enforcement status of arbitral awards, highlighting the gaps between legislative perceptions and real-life practices. This article concludes that China’s current sociocultural environment is suitable for accommodating the rapid growth of commercial arbitration, which indicates that the collision between modern arbitration practice and the sociocultural environment is unlikely to constitute a cause of difficulty in the China-seated enforcement of arbitral awards. This article also notes an innate scepticism towards the country’s arbitration practice among Chinese practitioners, which could affect their perceptions towards the development prospect of commercial arbitration and the enforceability of arbitral awards, despite the pro-arbitration attitude shared by Chinese judicial organs. Meanwhile, the article observes preliminary evidence showing the impact of Chinese culture on the country’s enforcement practices. Finally, the article statistically portrays the enforcement status of arbitral awards in the concerned regions, showing the regionally differentiated enforcement rates, competence of Chinese courts and other issues involved.

Los Cerros Orientales hoy. Una reflexión sobre la cartografía juvenil, artística y popular

Este escrito surge de la necesidad de recuperar y poner en discusión el desenlace de la Cartografía juvenil, artística y popular de los Cerros Orientales: una apuesta política y pedagógica orientada hacia la construcción de conocimientos y acciones pertinentes frente a la coyuntura de la Sentencia del Consejo de Estado sobre la Reserva Forestal Protectora Bosque Oriental de Bogotá, emitida el 5 de noviembre del año 2013. Para tal efecto, tejeremos algunas de las reflexiones construidas como resultado del proyecto y las perspectivas de algunas organizaciones sociales que trabajan por la defensa de los Cerros Orientales a la luz de las principales demandas y propuestas que existen hoy en día en el territorio. El punto de partida será una presentación del contexto de emergencia del proyecto, continúa con la descripción de la propuesta en sus aspectos conceptuales y metodológicos y finaliza con el análisis de tres elementos críticos asociados al estado actual de ejecución del fallo, con relación a los resultados del proceso de investigación.

Road and Traffic Enforcement System Using GPS Enabled Mobile Cloud Computing

Objective: Traffic enforcement systems are very important implementations of different technologies used worldwide. Collecting data of violators by the traffic police is not always feasible in the current system of practice in India, as they are not connected to the online database. Methods: This study introduces android based camera phone and tablet with latest mobile data network facility as a technical field tool for the police to issue or check the traffic law enforcement status with cost effective and rapid operational solution for present scenario. Findings: The traffic policeman is given an android mobile working on Mobile data technology. When a violator is stopped, he/she is asked to produce his/her driving license and other registration details. On the basis of these details, the device will be able to retrieve data relating to previous offences committed by the driver or the vehicle from its database. The terminal prints the tickets and it is updated online. Each device is capable of acting as a payment receiving station for any notice generated by any other device and issue the receipt. Application: Moreover, this study introduced a system that will also enable the policemen to know whether the vehicle involved in the traffic rule violation is stolen, the previous history of the vehicle or driver in accidents, and whether any notice from the traffic police is pending against the vehicle. Keywords: Advanced Video Graphics Array (AVGA), Mobile Cloud Computing, Road and Traffic Enforcement, Universal Mobile Telecommunications System (UMTS), GPS

Study on Land Law Enforcement Practice of Yunnan Province

The content of the paper is from the survey on land law enforcement of Yunnan Province entrusted by Yunnan Province Land and Resources Department and undertaken by the author independently in 2015. The objective of the paper is to organize the land law enforcement status of Yunnan Province, analyze difficulties and problems in land law enforcement, and then put forward solutions. The paper adopts literature analysis and field survey approaches to develop the research, and the main content is from actual survey results. The paper holds the opinion that the land law enforcement dilemma of Yunnan Province is caused by many reasons, and we need to take positive measures from the aspects of system, mechanism, legal system, reward and punishment, so as to improve the efficiency of land law enforcement.

Enforcement status of the Offensive Odor Control Law and complaints against offensive odor by non-control subjects

Enforcement status of the Offensive Odor Control Law and complaints against offensive odor by non-control subjects

Latino Confidence in the Police: The Role of Immigration Enforcement, Assimilation, and Immigration Status

Police departments rely on residents to report crime in order to help keep communities safe. Research suggests that attitudes toward the police are influenced by race and ethnicity; however, research on Latinos is underdeveloped. Confidence in the police among Latinos is complicated by local law enforcement's role in immigration enforcement, which potentially discourages cooperation with the police. The current study examines whether Latino confidence in the police varies by experiences with immigration enforcement, level of assimilation, or immigration status. Study findings suggest that Hispanics who have been questioned about their immigration status have less confidence in the police than those who have not. The results provide some evidence that experiences with immigration enforcement may degrade confidence in the police among Latinos.

Tobacco or Health?

Abstract It’s no doubt that smoking causes severe impair to health, and China is the world’s number one country in terms of cigarette consumption. Based on the global situation of tobacco control and the enforcement status of the World Health Organization Frame work Convention on Tobacco Control in China, this paper proposed some measures to promote the comprehensive tobacco control, such as legislation and specification of the responsibilities of all levels of government in this respect.

All in the Family: The Role of the Sheriff's Wife in 20th-Century Mom and Pop Jails

A content analysis of newspaper articles published between 1900 and 1970 revealed that sheriffs' wives played a key role in the day-to-day operations of jails in rural America. Although few of these women had official law enforcement status, they admitted and supervised arrestees, thwarted jail escapes, apprehended escapees, and challenged lynch mobs. In addition, many of these women managed the day-to-day jail operations and cared for the inmates. Our analyses revealed that these women were often unpaid and that their work toward making jail conditions more humane has gone unacknowledged. Analyses of contemporary Bureau of Justice Statistics data revealed that staffing patterns of women employed in local jails and state prisons today are highest in jurisdictions where mom and pop jails were most prevalent. This study sheds light on the contributions that these women made to rural law enforcement, including paving the way for women in local corrections.

Enforcement Status of EPS-TOPIK and Needs Analysis of EPS Centers

Enforcement Status of EPS-TOPIK and Needs Analysis of EPS Centers

Ten Years of the Aarhus Convention: How Procedural Democracy Is Paving the Way for Substantive Change in National and International Environmental Law

Arab Spring. Occupy Wall Street. Protests against austerity measures in Europe. Around the world, people are dissatisfied with traditional top-down style governance. The call for change sounds especially loud and clear in the environmental arena where legislative and law enforcement status quo imperils the future of our natural surroundings. This article adds new value to international environmental and democratic discourse by being the first major work to examine the first ten years of case law under the UNECE Aarhus Convention, a groundbreaking multilateral environmental agreement that promotes public participation in government environmental decision-making and enforcement through procedural requirements. The objective of the article is to verify whether such requirements are mere “toothless” procedural devices or if they have the potential for bringing about positive substantive change as well. They do. Via cases concerning the power plant construction inside a national park in Albania to gold mining in Romania, the article analyzes how even newly democratized nations have expressed their willingness to improve national environmental legislation and law enforcement by taking into account the results of public participation. Such bottoms-up style governance also has great potential for change at the international level. What may be seen as a dichotomy between procedure and substance is thus more correctly seen as an effective interface between the two. This first-of-its kind article concludes by proposing how the Convention has room for both thematic and geographical growth as well as how its legal principles can be beneficially emulated in other legal instruments.