Federal Statutes Research Articles

A common law in space for public health

Beyond the gravitational pull of Earth, space travel poses substantial public health hazards pertaining to the physical and mental well-being of astronauts and passengers, in addition to a possible threat to the populace of Earth upon re-entry. Exposure to cosmic radiation, cranial pressure from microgravity, weakened immunity to contagion, and the potential for depression and psychosis are all risks. Public health crises of this nature are to be expected as the duration of missions extends, as is the case with Mars settlement. In contrast to national space programmes, which have regarded these obstacles as human factors effecting the mission, public health law in common law British nations approaches them from the perspective of social justice and the preservation of human life and societal welfare. Countries including Australia, Canada, the United States, and the United Kingdom continue to apply traditional common law principles of public health law, which provide a sensible and enduring method for reconciling competing public and private interests. Common law permits the violation of civil liberties through the use of force in public health restraint, forced medication, and quarantine, but only if necessary, reasonable, and equitable. While the understanding of the health challenges associated with long-duration spaceflight may be in its infancy for national space programmes and civilian space ventures, the application of common law public health principles could aid in the establishment of health and safety protocols in which human reactions to crises in space resemble those observed on Earth. This may, nevertheless, necessitate the enactment of a more comprehensive federal public health statute. Embedded in both public health common law and international space law, the pre-eminence of preserving and respecting human life and well-being continues to be a cornerstone of humane justice despite the perilous conditions of space.

"A Liability to the University"-Addressing Student Mental Health Needs on Campus.

Students at colleges and universities report high rates of mental disorders, including depression and anxiety, and frequent suicidal ideation. School policies toward such students, however, often have appeared punitive or aimed primarily at reducing the institution's potential liability. A recent lawsuit against Yale University highlighted allegations of practices that violated several federal statutes by failing to provide reasonable accommodations for students with psychiatric disabilities. The resolution of those claims in a sweeping settlement agreement can provide a model for the many other universities that need to align their policies with federal disability law.

Unveiling the transition: Factors influencing true and fair view reporting in the accrual-based accounting migration of Malaysian federal statutory bodies

This study delves into the factors impacting the adoption of true and fair financial reporting during the transition to accrual accounting in Malaysian Federal Statutory Bodies (FSB). Despite administrative reforms from the 1980s to the most recent reformation, Malaysia’s public sector performance has lagged, prompting this investigation into the adoption of Malaysian Public Sector Accounting Standards (MPSAS) and accrual accounting in response to the delayed performance of Malaysia's public sector. The research was based on self-administered, Five Likert-scale questionnaires distributed to all heads of public accountants in 132 FSBs. There were 99 questionnaires returned for analysis. The final analysis used 99 usable responses, and the data was analyzed using SPSS. The results indicated significant correlations between Economic Consequences, Political Interventions, and True and Fair View reporting. Economic consequences were found to have the most significant impact on true and fair reporting, supported nuanced relationships, and political interventions. The findings of the regression analysis provided evidence for intricate associations, however, it is important to realize some constraints methods were acknowledged, such as demographic limits and the reliance on quantitative methodologies. The independent Board of Directors (BOD) and the higher-level management ensure those factors, such as the impact of Political Interventions on the reporting process under their scrutiny, as well as take proactive implementation measures to prevent the escalation of the management level from worsening. Top management can ensure that, the economic decisions made have to be thorough, as they dramatically impact reporting. The study provides valuable insights into financial reporting dynamics, suggesting avenues for future research to address identified limitations and incorporate qualitative methodologies.

The Challenge of Challenging Tax Laws as Unconstitutionally Vague

ABSTRACT Many laypersons (and CPAs and attorneys, for that matter) argue that federal tax statutes and regulations are complex, ambiguous, and vague. However, successfully challenging tax law as unconstitutionally vague has generally not been a successful strategy for taxpayers. In this article, we discuss the void for vagueness doctrine as it has been developed and applied in other areas of the law and review over 40 federal tax cases litigated over the last 20-plus years, in which taxpayers claim that a provision is unconstitutionally vague. Although taxpayer wins are rare, some tax cases find that a statute can be declared overly vague before clarifying regulations or other administrative guidance are issued. Regardless, vague tax laws run afoul of principles of good tax policy. We also provide suggestions for taxpayers and their advisors, who may argue in the future that a federal tax provision is unconstitutionally vague.

FROM DISCRIMINATION TO INCLUSION: LEGAL PERSPECTIVES ON PROTECTING TRANSGENDER RIGHTS IN THE WORKPLACE

Emphasising the legal, ethical, and social challenges faced by transgender employees, this paper examines the development and current situation of transgender rights in the workplace. Starting with the historical evolution of transgender rights, it moves to important legal events such as Price Waterhouse v. Hopkins (1989), Macy v. Holder (2012), and the key Bostock v. Clayton County (2020) ruling thereby affording Title VII protections to transgender persons. Notwithstanding these developments, research reveals ongoing disparities in legal protections between many nations motivated by tensions between transgender rights and other human rights concerns including freedom of expression and religious views. The paper also covers the moral consequences of workplace discrimination and the major part companies play in creating inclusive surroundings. Legal and policy proposals demand Title VII to be changed to particularly safeguard transgender people, improve enforcement policies, and apply thorough federal statutes offering consistent protections. The last point emphasises the need of improving legal rights and building inspiring environments to achieve real inclusion for transgender people, therefore promoting a more fair and equal society.

Terrorism Investigations on Campus and the New McCarthyism

ABSTRACT: In the 1960s, the FBI's counterintelligence program (COINTELPRO) routinely infiltrated campus antiwar and civil rights groups, investigating thousands of students with the aim of discrediting their activism and destroying their career prospects. After a Senate committee led by Frank Church exposed this practice, the FBI disavowed it and applied a heightened standard for initiating investigations at universities. There is reason to believe, however, that federal law enforcement is facing pressure to relax its self-restraint and investigate pro-Palestinian student activists using a tool not at its disposal in the heyday of COINTELPRO: a nebulous federal statute that imposes prison sentences of up to twenty years for providing "material support or resources to a foreign terrorist organization." This statute criminalizes public advocacy that is done under the direction of or in coordination with foreign terrorist groups. There are few legal constraints, however, that would prevent a motivated FBI from using pro-Palestinian speech as grounds for investigating students who have no connection to such a group.

Terrorism Investigations on Campus and the New McCarthyism

ABSTRACT: In the 1960s, the FBI’s counterintelligence program (COINTELPRO) routinely infiltrated campus antiwar and civil rights groups, investigating thousands of students with the aim of discrediting their activism and destroying their career prospects. After a Senate committee led by Frank Church exposed this practice, the FBI disavowed it and applied a heightened standard for initiating investigations at universities. There is reason to believe, however, that federal law enforcement is facing pressure to relax its self-restraint and investigate pro-Palestinian student activists using a tool not at its disposal in the heyday of COINTELPRO: a nebulous federal statute that imposes prison sentences of up to twenty years for providing “material support or resources to a foreign terrorist organization.” This statute criminalizes public advocacy that is done under the direction of or in coordination with foreign terrorist groups. There are few legal constraints, however, that would prevent a motivated FBI from using pro-Palestinian speech as grounds for investigating students who have no connection to such a group.

АВТОНОМНЫЕ АВТОМОБИЛЬНЫЕ ТРАНСПОРТНЫЕ СРЕДСТВА: ПРАВОВОЙ ОПЫТ ЯПОНИИ

The purpose of the work is to study the law-making and implementation practices in the field of legal regulation of public relations related to the production and operation of autonomous vehicles in Japan. This country occupies one of the leading positions both in the Asia-Pacific region and around the world in terms of technologies and innovations in the field of autonomous driving. Legal acts of this state allowed driving of level 4 autonomy for the first time in 2023. The article reveals the content of the Act of Japan on Amendments to the Road Traffic Act, published on April 27, 2022 and entered into force on April 1, 2023. Intensive work is underway in the Russian Federation to create a draft Federal Statute on highly automated vehicles, which is planned to be submitted to the Parliament of the Russian Federation in 2024. In order to improve the regulatory framework for highly automated vehicles in the Russian Federation, it would be useful to study the legal experience of Japan, accumulated in the field of highly automated vehicles creation and operation. The author analyzes the data presented in the Autonomous Vehicle Readiness Index 2020 and the current situation in the field of autonomous driving in Japan, and comes to the conclusion that Japan has done a lot in recent years to take into account all its mistakes and correct the shortcomings noted in this Index. The study provides an analysis of points of view on the issue of subjects of legal liability in the situation of causing harm as a result of the operation of autonomous vehicles.

Conceptual Framework on Antecedents of True and Fair View Reporting Surrounding Migration to Accrual-Based Accounting by Public Sector Entities: A Case of Federal Statutory Bodies (FSB) in Malaysia

Following the institutional reforms in Malaysia, the Federal Government issued Treasury Circular PS 1.2/2020. Federal Statutory Bodies (FSBs) are now required to adopt the Malaysian Public Sector Accounting Standard (MPSAS) as the standard for preparing financial statements. While most private sectors strongly embrace accrual accounting systems and derive many benefits from them, the practice and application in the public sector, including FSBs, is still in its infancy. Therefore, this study examines the antecedents of true and fair view reporting in the context of migration to accrual accounting by FSB in Malaysia. This study is due to the lack of research on accrual accounting in the public sector, as researchers rigorously focus on the private sector that controls the economy. In addition, there are few studies on the conversion of the public sector in emerging economies to accrual accounting. The study provided a conceptual discussion on the antecedents that potentially affect the true and fair view reporting through the adoption of accrual accounting. The discussion is expected to benefit many stakeholders, especially regulators and policymakers, as emerging economies such as Malaysia continue to actively pursue institutional reforms. By adding new variables from the study so that they can be used in various and extensive aspects of the research.

On the meaning of bankruptcy: ‘Old–new’ lexicon in corporate insolvency law in the Commonwealth Caribbean

Several jurisdictions in the Commonwealth Caribbean have undertaken reform and modernisation of their insolvency legislation. The dominant model for the new enactments has been Canada's federal statute, the Bankruptcy and Insolvency Act, RSC 1985, which has already been transplanted into six jurisdictions of the region. The transplantation has introduced lexicon which, while part of the vocabulary of the old statutes for personal insolvency, has, traditionally, been unfamiliar to the region's corporate insolvency law, hence the phrase, ‘“old–new” lexicon’, in the title. This article examines the meanings of some of this lexicon, particularly ‘bankruptcy’ and cognate terms, including ‘acts of bankruptcy’. The examination extends to the term ‘receiving order’, operationally related to bankruptcy. Legal interpretation of the terms is enriched in the discussion by insights from linguistics. While showing that the importation of these terms into the region's corporate insolvency law is semantically problematic, the article elucidates the signification of the terms. It points out that some of the ‘old–new’ terms may tend to reduce the efficacy in the contemplated lay administration of the statutes. It also warns that the ‘old–new’ lexicon threatens to undermine key goals of the reform exercise, suggesting a need for deeper scrutiny in the transplantation process.

Voluntary assisted dying and euthanasia’s perpetual pendulum in Australia

Abstract This paper delves into the intricate relationship between euthanasia and the perpetual pendulum concept, which challenges conventional linear understandings of time and legal principles. Examining euthanasia through the perpetual pendulum concept, inspired by Deleuze and Guattari’s rhizome theory, underscores that the acceptance or prohibition of euthanasia is deeply intertwined with evolving societal values and conceptual frameworks. It advocates for adaptable legal interpretations and an acknowledgment of the relative nature of time, allowing for the reevaluation and reinterpretation of legal principles in response to changing perspectives. The legal landscape of euthanasia in Australia, with varying state laws and potential conflicts with federal statutes, serves as a compelling case study. It emphasizes the ongoing need for discussion, adaptation, and ethical introspection to balance individual autonomy with broader legal and ethical considerations in the context of end-of-life care.

Recent Legal Developments: Criminal Justice Decisions of the United States Supreme Court, 2022 Term

In this paper, we review and analyze the criminal justice–related decisions of the 2022 term of the United States Supreme Court. We also provide a summary of the Court's voting patterns and opinion authorship. Fourteen of the Court's 58 decisions touched on criminal justice. There were significant decisions involving the First Amendment, the Sixth Amendment, and federal criminal statutes. Each of these is discussed in turn.

Siting tidal energy projects through resource characterization and environmental considerations

The development of tidal energy technologies has progressed to where devices can be deployed, operated, maintained, and recovered with some level of assurance that they will and produce adequate levels of power. Equally important to further the tidal energy industry is the ability to site and gain regulatory permission to deploy and operate these devices. This paper sets out a framework for reaching preliminary siting of tidal devices, drawing from case studies from three locations in the US where research studies have provided information in support of tidal deployments.
 Through the TEAMER funding opportunity in the US, tidal energy device and project developers were able to engage US Department of Energy national laboratory scientists and engineers to provide technical assistance for investigating potential tidal deployment sites within US waters. The bodies of water of interest had already been determined by the proponents at the start of the project and constraints and opportunities within those bodies of water were examined to optimize siting capabilities for the developers. Using numerical models and field observations, we characterized tidal resources at a scale that will allow for optimization of energy extraction. We examined the natural and human infrastructure constraints for deploying and operating tidal devices and arrays including channel widths, bathymetry, vessel traffic, ferry lanes, and grid interconnects, in order to narrow siting options. We also examined the biological resources in the water bodies of interest, with a focus on populations of endangered marine mammals and fish, and the critical habitats that support them. The biological resources were then related to the applicable regulatory requirements in place in US for federal and state statutes in areas where the tidal applicants wish to deploy. Based on these analyses, preferred deployment locations were delineated and processes for meeting regulatory requirements laid out, including post-installation monitoring plans that will be needed. This initial assessment of logistical, regulatory, and environmental conditions for the deployment of a tidal technology is a first step toward the achievement of regulatory compliance for tidal energy projects.
 Three locations were considered for tidal energy development in the US. The first one included the area around an archipelago of islands in the northern portion of Washington State, near the US-Canada border, with the intent of installing one or more floating tidal devices to add energy resilience and independence for the single utility that services the isolated islands. The second location was in the coastal waters of Maine where tidal power would be added to the local electrical grid. The third location was in Cook Inlet, Alaska, where the applicant seeks to deploy multiple floating tidal devices to provide renewable energy in place of conventionally generated power for the city of Anchorage.

The Justice for Victims of War Crimes Act (U.S.)

On January 5, 2023, the U.S. Justice for Victims of War Crimes (JVWC) Act was signed into law. The legislation closed long-recognized gaps in U.S. federal jurisdiction for holding accused war criminals accountable. Prior to the JVWC, the federal war crimes statute provided jurisdiction over war crime offenses committed anywhere, but only if the victim or offender was a member of the U.S. Armed Forces or a U.S. national. The baseline federal statute of limitations also applied, meaning the United States could only bring charges within five years of the crime occurring.

U.S. Policies Addressing Ultraprocessed Foods, 1980–2022

Ultraprocessed foods are industrial formulations manufactured from substances derived from foods and industrially-produced ingredients and additives. Few countries' policies directly regulate ultraprocessed food, but several countries' dietary guidelines suggest eating less ultraprocessed food. The U.S. Dietary Guidelines for Americans do not mention the ultraprocessed food category, but the 2025-2030 Advisory Committee is tasked with evaluating research related to ultraprocessed food consumption. The U.S. Dietary Guidelines for Americans are used for U.S. food and nutrition policies. It is unknown the extent that federal and state policymakers have already proposed or passed policies addressing ultraprocessed foods. Research was conducted using Lexis+ into federal and state statutes, bills, resolutions, regulations, and proposed rules, and Congressional Research Services reports to identify policymaking related to highly processed and ultraprocessed food from January 1980 through February 2023. This research identified 25 policy actions (8 federal, 17 state) proposed or passed between 1983 and 2022 (22 of them, 2011-2022). The most common topic area related to children's nutrition (n=14), and a prevalent theme related to food prices. Only 1 policy defined ultraprocessed food, and 3 policies sought to address the broader food environment by providing incentives to small retailers to stock healthy foods. Addressing ultraprocessed food in U.S. policy activity is quite recent, with few policies directly targeting ultraprocessed foods but rather discussing them as contrary to healthy diets. Internationally, ultraprocessed foods have been directly integrated into national dietary guidelines and school food programs. These policies are consistent with emerging U.S. policy activity and may provide information for future policymaking in the U.S.

Siber Güvenlik İhbarcılarının Korunması Açısından ABD ve AB Yaklaşımlarının Karşılaştırılması

This study compares the laws in the United States and the European Union protecting cybersecurity whistleblowers from employer retaliation. Similarities and differences exist regarding the scope of laws, the definition of “retaliation,” and required reporting procedures to be eligible for legal protection. In the US, no anti-retaliation federal statute directly addresses cybersecurity whistleblowing, but whistleblowers may still be protected when they disclose cybersecurity-related violations of laws falling within the scope of protected activity under the current laws. In the EU, the Directive (EU) 2019/1937 directly protects employees who report breaches falling within the scope of the EU acts, including the protection of privacy and personal data and the security of network and information systems. The two approaches also differ concerning the confidentiality of the reporting person’s identity. This study provides a brief foundation for understanding how the US and EU’s approaches differ in providing legal protection against retaliation for whistleblowers.

Sport mega-event fantasies to financialization: the case of Porto Maravilha.

This paper examines the relationship between sport mega-event construction and the financialization of housing in Rio de Janeiro. It focuses on the area of Porto Maravilha, constructed prior to the 2016 Olympic Games, and the particular use of the 2001 federal Statute of City and 1995 Strategic Plan for Rio de Janeiro to create new possibilities for neoliberal-capitalist expansion, initially disguised as democratized access to land yet, in effect, further commoditized land into a form of fictitious capital. To do so, we follow the work of Brazilian architect and author, Raquel Rolnik, and her argument that the legal-institutional emphasis on wealth distribution in urban legislation, propagated at the time of the internationally recognized sport mega-event in Brazil, was not adequately harnessed and instead used to endorse real estate speculation and uneven development in the metropolitan area. The coordination and collaboration between state and nonstate entities in mega-event construction is typically associated with deepened socio-spatial inequities, the privatization of public resource material, and the in/direct displacement of low-income communities. We review pertinent literature to better understand the role of sport mega-event fantasies in the construction of Porto Maravilha-which we come to understand as a speculative logic lubricant for finance. We do this to call attention to future studies to be particularly attuned to financialization in mega-event cities.

Bridging the gap: FDA diversity-related postmarketing requirements.

e13608 Background: Historically, pre-market clinical trials have lacked enrollment of racial and ethnic minority patients that represent the population intended to be treated with the approved drug in the US. The Food and Drug Administration (FDA) has several programs and initiatives designed to enhance diversity in oncology clinical trials, such as the Oncology Center of Excellence’s (OCE) Project Equity, FDA Guidance documents, and submission of Diversity Plans from industry. Under the code of federal regulations and/or statute, the FDA can issue post-marketing requirements (PMR) to fulfill accelerated approval requirements for confirmatory studies; for assessing safety signals; or for conducting dedicated studies in pediatric patients. FDA may also issue post-marketing commitments (PMC) to generate additional clinical evidence. PMRs and PMCs have been used to obtain additional information on under-represented populations. The objectives of this analysis were to identify oncology PMRs/PMCs issued with a specific focus on racial and ethnic minority populations and examine the trend over the 10-year period. Methods: We searched FDA’s publicly available database of PMR/PMCs, inclusive of drugs and biologic products, and internal agency databases for PMR/PMCs issued between 2012-2022. The PMR/PMC search was further narrowed down by keywords to capture all PMRs/PMCs relevant to races and ethnicity. The PMRs/PMCs were then manually reviewed for duplication and applicability to malignant indications. Results: In a 10-year period, 34 PMR/PMCs focused on race and ethnicity were issued across 461 oncology approvals (initial marketing approvals = 164, new indications = 297). Twenty-two were issued with the initial marketing approval and 12 with supplemental efficacy approvals. All PMR/PMCs were issued in the last 3 years (2019-2022). PMCs accounted for 55.9% (n = 19) and PMRs 44.1% (n = 15). Nine of the 15 PMRs requesting additional information on underrepresented populations were included with the accelerated approval PMRs. Six of the 34 PMR/PMCs were issued to obtain additional PK or dosing information in the underrepresented population. The most common PMR/PMC indications issued were lymphoma (n = 13, 38.2%), multiple myeloma (n = 8, 23.5%), and non-small cell lung cancer (n = 4, 11.8%). Although PMR/PMCs that mentioned a specific race were limited, African American/Black (n = 8) and Asian (n = 1) were occasionally identified. All studies identified in this analysis are ongoing except for one, for which the product was withdrawn. Conclusions: Our analysis highlights the trend and increased emphasis on race and ethnicity in post approval oncology studies. While progress has been made to promote studies that are representative of the US population through these PMRs/PMCs, diversity plans, and FDA guidance over the course of the past 10 years, more efforts are needed to better enhance diversity in clinical trials moving forward.

A Proposal to Criminalize State Torture in the United States

As a party to the United Nations Convention Against Torture, the United States is under an obligation to criminalize all state torture. The aim of this article is to show that the United States has failed to fulfill that obligation and should correct that failure by broadening the respective definitions of “torture” in two federal criminal statutes, the War Crimes Act and the Torture Act. The broader definition that is proposed is formulated with an eye to minimizing ambiguity and vagueness, avoiding both overcriminalization and undercriminalization, and facilitating accurate determinations of guilt or innocence.

If coordination of remediation and restoration under CERCLA is such a good idea, why is it not practiced more widely?

Decades of practice have demonstrated favorable outcomes when restoration is considered early in the remedial process, especially when parties have an opportunity to avoid litigation over natural resource damage (NRD) claims. However, these two separate processes are most often done sequentially - with clean up decisions for contaminated sites made during the remedial investigation and feasibility study process and restoration of injured resources during a subsequent natural resource damage assessment. Coordinating these processes offers many advantages for remediating and restoring hazardous waste sites. In this paper, we illustrate why this is true, and explore reasons why it is not practiced more universally. Coordination can generate savings by reducing the amount of time and money required to address natural resource damage claims and build trust among stakeholders. Yet, there are barriers to coordination, such as uncertainty over the benefits that restoration will generate, or the potential risk that undertaking coordination could be viewed as admitting to liability for harm to natural resources. Existing federal statutes also can be an obstacle because they bifurcate remediation and restoration. The economic, legal and policy issues relevant to the integration of remediation and restoration were examined, and how they might be used to encourage early coordination. Habitat equivalency analysis was used to illustrate the tangible natural resource service gains that can be achieved when the processes are coordinated. Selected site-specific examples were drawn upon where coordination occurred and documented. This information was augmented with the results of a survey of companies about their experience with coordination. Finally, we discuss the potential policy and legal approaches that might help bring remediation and restoration together and result in improved practices nationwide, and thereby provide benefits to industrial parties, government, and affected communities alike.