Restrictive Legislation Research Articles

Frontline professionals' experiences of navigating boundaries in a layered care and support system for individuals with complex care needs in the Netherlands.

Fragmented care systems, characterized by horizontal and vertical boundaries, hinder interprofessional collaboration for individuals with complex care needs. This study explores how frontline professionals navigate these boundaries to foster collaboration within a national program promoting integrated care for individuals with 'misunderstood behaviour' in the Netherlands. Using a boundary work lens, we analysed 44 semi-structured interviews with frontline professionals from the social, care, and safety domains. Our findings reveal that frontline professionals employ a multifaceted repertoire of collaborative boundary work strategies. These strategies include adjusting boundaries (expanding roles and tasks to address individuals' needs), spanning boundaries (creating boundary spanners, co-locations, and boundary objects), and working around boundaries (finding creative solutions to overcome financial and legislative limitations). The choice of strategy deployed depended on the agency professionals experienced in relation to specific types of boundaries. Professionals' limited agency regularly constrained the effectiveness of strategies. In these cases, professionals relied on interventions of higher-level actors. This reliance involved both direct interventions by managers and administrators to rearrange boundaries and indirect support, empowering frontline professionals with the flexibility and autonomy to navigate boundaries themselves. These findings introduce a power dimension to the conceptualization of boundary work and underscore the importance of addressing the interconnectedness of different types of boundaries at various levels.

Increasing Access to Abortion: ACOG Committee Statement No. 16.

Legal and accessible abortion care is a necessary component of comprehensive health care. Access to abortion is threatened by local, state, and federal government restrictions; limitations on insurance coverage of abortion care; restrictions on funding for training; restrictions imposed by hospitals and health care systems; stigma; violence against health care professionals who provide abortion care; and a subsequent dearth of health care professionals who provide this care. Since the Dobbs v. Jackson Women's Health Organization decision, the abortion landscape is an ever-changing and shifting map of abortion restrictions and protections based on state-level interpretations and definitions of abortion care. This is confusing and chilling to both patients and health care professionals, who must learn to navigate a web of conflicting and varying state laws. Legislative restrictions fundamentally interfere with the patient-health care professional relationship and decrease access to abortion, particularly for individuals with low incomes and those living long distances from health care professionals. This Committee Statement continues the American College of Obstetricians and Gynecologists' previous calls for advocacy to oppose and overturn restrictions, to improve access, and to affirm abortion as an essential component of health care.

Labor History and Class Violence: A Meditation on the Anniversary of Lochner V. New York

Abstract The year 2025 marks the 120th anniversary of Lochner v. New York, a 1905 U.S. Supreme Court decision striking down legislative limits on work hours in the baking industry. U.S. scholars generally agree this decision harmed workers and was a setback to the labor movement in the United States. The essay borrows from some of the historian E.P. Thompson’s writings on the relationship between historical inquiry and normative values in order to reflect on Lochner and the relative consensus among scholars opposing the decision. That reflection in turn serves as a point of entry for thinking about the role of normative values in doing labor history, what values we propound in the present by writing and teaching about the history of working-class people, and how those issues relate to different ways labor historians can understand what is arguably our field’s central category, class. The essay suggests that, with regard to the Lochner decision and in general, labor history is something of a different activity if the field’s orientation is toward the amelioration of time- and place-specific problems in working-class people’s lives, toward class as inherently a category of violence and injustice, or both.

Boundary work in times of deterrence: emotionalisation, interdependence and inequality at the interfaces between refugees, state and civil society

ABSTRACT The Danish Parliament has increased legal measures to deter asylum seekers from heading to Denmark. Since 2019 all residence permits are granted ‘with a view to temporary residence’, while the criteria for meeting the requirements for permanent stay have been raised. The focus on integrating newcomers has been subordinated to objectives of deterrence and return, placing refugees with temporary residence in Denmark under conditions of deportability. Drawing on critical border and migration studies, this paper explores how deterrence is produced politically and negotiated in local practice. To understand the challenged relations between refugees, volunteers and municipal caseworkers in a context of restrictive legislation and hyper-precarious conditions, we propose a new conceptual approach theorising these changing dynamics, as different practices of ‘boundary work’. Based on fieldwork in three Danish localities (2021–2023), we scrutinise the lived experiences of deterrence by focusing on the boundary work of refugees, as well as of volunteers and caseworkers in the new self-sufficiency and return policy context. We thereby show how interdependence, inequality and emotionalisation processes are reinforced at the interfaces between all three groups. The wider scope of the analysis, we argue, is that these boundary work practices are induced by deterrence policies.

How do women with Rokitansky syndrome and healthcare professionals reflect on the provision of uterine transplantation? Insights from an interview study in France, Norway, and Sweden.

Uterine transplantation is currently intended for women with absolute uterine infertility. Since proof of the concept in 2014, many countries have started research programs and clinical activities. However, access to uterine transplantation remains limited given that only a few hundred transplants have been described worldwide compared with the 1.5 million women of childbearing age who suffer from absolute uterine infertility. The aim of this study was to investigate how limited access to uterine transplantation is perceived by women with Mayer-Rokitansky-Küster-Hauser syndrome and health professionals involved in uterus transplantation programs. We conducted a qualitative study with semistructured interviews in France, Norway, and Sweden with women with Mayer-Rokitansky-Küster-Hauser syndrome and health professional involved in uterine transplantation programs. The interviews were analyzed manually using thematic content analysis. The research questions were: How do (a) women with Mayer-Rokitansky-Küster-Hauser syndrome and (b) healthcare professionals involved in uterus transplantation programs perceive uterus transplantation and its accessibility 10 years after proof of concept? The interviews enabled us to highlight a number of themes addressed by doctors and women with Mayer-Rokitansky-Küster-Hauser syndrome, the main ones being the hope raised by this technique and the disappointment for those who do not have access to it, the lack of perception of the risks associated with the technique, and finally, an inequity of access and the training difficulties this entails for the teams. Access to uterine transplantation varies widely across Europe owing to legislative restrictions and limited access due to resources or competence. The result is a feeling of injustice/misunderstanding and despair for these women who had planned to become parents and cannot benefit from a transplant. They appear to be poorly supported. Women who are ultimately unable to access a transplant program should perhaps be given psychological support to deal with this disappointment, whereas the minority who finally have had access to transplant programs are supervised by well-trained multidisciplinary teams.

Introduction: Perspectives on Term Limits in Democratic Society

Discussions of term limits are happening in the United States and abroad. In July 2024, President Biden announced his support for limiting the number of years that federal judges may serve. Surveys suggest that limits for judges are popular with Americans.1 Relatedly, voters have historically supported term limits for members of Congress, with the most recent survey (from July 2023) finding support among 87%.2 For now, limits are unlikely to be imposed on federal judges or members of Congress, but there are recent changes in the states. Voters in North Dakota imposed limits on their state legislators in 2022, and those limits will take effect in 2028. In Michigan, also in 2022, voters shortened the long-standing lifetime limits for their legislators from 14 to 12 years. Discussions or reforms, including the elimination of limits, have also occurred outside of the United States. In Russia, voters seemingly reset the term limits that applied previously to President Vladimir Putin, thereby allowing him to serve in office until 2036. In China, where limits for various leaders including the president were first added to the country’s constitution in 1982, limits were abolished in 2018. Although these are prominent examples of limits being lifted, a remarkable number of new limits have been enacted elsewhere, with limits on executives being imposed in 17 countries within the past decade alone. To date, only a handful of countries, most of which are in the Americas, have legislative limits.3 Conversely, nearly every country limits the service of judges.4

Forging Ahead in Florida: Teaching and Supervision Strategies in the Face of Legislative Restrictions and Medical Bans

As a nation and a profession, we have witnessed a spark in the momentum and uplifting of social justice movements and advocacy concerning the ongoing oppression of Black, Indigenous, and People of Color (BIPOC) as well as sex and gender-expansive (SGE) people in our community. In response, Florida and other states face an onslaught of restrictive medical bans and legislative bills surrounding how counselors and educators address race, sexuality, and gender in treatment and training programs. Florida has notably been at the forefront of adopting this legislation, not only regulating instructor-led discussion around racism, same-sex relationships, and gender identity in various educational settings but also banning gender-affirming medical care for transgender youth. In this article, we review the legislative and regulatory impacts of race, sex, and gender-based legislation in Florida on education and healthcare, providing strategies for counselor educators, counselors, and trainees in the areas of teaching and supervision.

Effect of Major Mycotoxins on Public Health Through the Consumption of Cheese Products.

Food safety is a key priority for public health. However, consumer demand for cheese products may expose the population to the risk of mycotoxicosis and cancer, among others. Acute mycotoxicosis and cancer are examples of linked disorders. Among the most frequent toxic agents that enter the human body through food consumption are mycotoxins. This review study highlights the significance of the impact of the most important mycotoxins on public health through the consumption of cheese products. Despite being a poor substrate for mycotoxin development, cheese products have been found to contain harmful toxins. Aflatoxin M1 (AFM1) and ochratoxin A (OTA) are the main mycotoxins in cheese products, and they are very harmful to human health. Adherence to legislative limits and the implementation of appropriate control measures by food business operators (FBOs) are considered necessary to protect consumers' health.

FLEXIBILITY AND EFFICIENCY: A NEW APPROACH TO THE LABOR RELATIONS OF TEACHERS IN HIGHER EDUCATION INSTITUTIONS

The modern higher education system is facing challenges related to the limitations of the labor relations of teachers tied to a single university. This article offers an innovative approach to redefining traditional employment models, focused on creating flexible employment relationships for teachers in higher education. The presented approach assumes that teachers can work at several universities at the same time, providing them with new opportunities for professional growth and development. The problem of the limited binding to the full-time status at a single university is solved by switching to a flexible labor relations system that allows teachers to actively participate in several educational projects. The introduction of such a system offers revolutionary changes in the organization of the professional life of teachers, opening up new prospects for individualized work schedule management and more effective use of their professional skills. Key aspects of the new system include the ability of teachers to focus on their main specialization, conduct courses appropriate to their narrow field of knowledge, and independently manage their work schedule. The flexible system also provides for adaptive remuneration, taking into account the actual hours worked, encouraging teachers to use their time effectively. The article examines the experience of other countries, such as England, the USA and Russia, in the context of legislative restrictions on the multiple employment of teachers. An important element of the new system is to maintain the official status of teachers at each university, providing them with access to the benefits of full-time status. The introduction of the proposed system of labor relations for teachers promises to transform higher education, creating conditions for improving the quality of education, attracting and retaining talented teachers, as well as stimulating innovation in the field of teaching.

Limitations of Human Rights in the Conditions of War and Peace: The Constitutional Aspect

The article conducts a doctrinal analysis of the constitutional criteria for restrictions on human rights. The author asks whether the content and scope of these restrictions differ during the martial law period and during peacetime. It also questions whether the constitution allows the state to exceed its constitutional limits during an armed response to the aggressor. It is argued that the introduction of more severe limitations on human rights during martial law must be balanced with the constitutional requirement for the state to act in accordance with the constitution. Otherwise, disproportionate restrictions that nullify the core of constitutional rights could lead to state power exceeding the limits established by the constitution. The main criterion, or basis, for the doctrine of limiting state power by the constitution is the fundamental constitutional rights and freedoms. As the jurisprudence of constitutional courts shows, the core of constitutional rights that are not absolute (absolute rights are very few in modern constitutional systems—the right to dignity, the prohibition of torture, and the right to life) cannot be subject to any limitations, similar to absolute rights. A very important criterion, derived from the constitutions and practices of constitutional jurisdiction bodies of modern states, is that the state, when imposing limitations, cannot violate the essence of a constitutional right, i.e., its core, which is not subject to any legislative limitations for the purpose of constitutional protection of individual freedom and autonomy. It is asserted that the narrowing of the content and scope of existing constitutional human rights and freedoms constitutes their limitation, and limitations are permitted by the Constitution. It is concluded that the rights and freedoms listed in part two of Article 64 of the Constitution of Ukraine, and not subject to limitations, should be limited according to peacetime criteria, meaning they are not subject to extraordinary restrictions during wartime. As for other constitutional rights and freedoms not included in the list in Article 64 of the Constitution of Ukraine, stricter restrictions may be applied by the state if they pursue a legitimate goal and are justified by the need to achieve victory over the enemy.

Digitalization of Public Administration and Public-Private Partnership

The need for digital transformation as a national goal determines the search for various ways to ensure its implementation, among which public-private partnership stands out. Being a way to attract private investment, public-private partnership enables to create a legal and financial model in which it is possible to take into account legislative restrictions on the design, creation, operation and transfer of individual public property objects to private ownership. The purpose of the study is to identify the features in the development of the institute of public–private partnership in implementing IT projects in the public sector. Materials and methods. The research used data from «Rosinfra», «Electronic Budget» and the National Center for Public-Private Partnership platforms using statistical methods (graphical, sampling, time series analysis) for data processing, visualization and interpretation. Research results. A large scale and branching of public administration system in Russia, delimitation of authoritative powers and property between the federal center, regional state authorities and local governments, combined with different financial capabilities and investment attractiveness, have led to digital inequality of the subjects of the Russian Federation. The object of the agreement, likelihood of legal risks during its creation, authoritative powers and property rights of the public partner influence the choice of the agreement form within the framework of public-private partnership on projects aimed at digitalization of the public sector. Regional IT projects in the public sector are of the same type, the developer applies a market capture strategy, fully financing the development. The implemented IT projects at the federal level are unique and are characterized by a high proportion of budget investments. A significant proportion of projects are aimed at creating a data collection system (education, sports, transport). Conclusions. Digital transformation of the public sector is heterogeneous, the main drivers at the regional level are projects in sports and education, and those at the federal level are in the transport sector. Digitalization using public-private partnership mechanisms mainly affects collecting background information for public administration purposes. Digitalization of government functions with the involvement of private capital results in the risk of loosing the country's digital sovereignty. Two strategies to implement the projects within the framework of public-private partnership have been identified, while the first is related to promotion of a ready-made product in different regions, and the second is aimed at developing unique solutions for a specific problem. Since public services are poorly commercialized, implementation of IT projects in culture, healthcare, and social protection is almost not observed.

Memorial Law: the problem of conceptualization and the limits of regulatory regulation

This article conducts an interdisciplinary study in the field of the intersection of interests of memory policy and Memorial Law, which includes a legal analysis of concepts similar in meaning, an assessment of the relevance and necessity of legalizing terms related to memory policy and Memorial Law, and a study of the regulatory limits of national memorial legislation. The purpose of the study is the conceptualization of Memorial Law and the limits of its legal regulation. The analysis of approaches to the concepts of “Memorial Law” and “Memorial Law” and their relationship is carried out; the positions of opponents and supporters of memorial legislation are considered; the definition of memorial law as an interdisciplinary institute of national legislation and international law is given.

Heavy metals concentration and human health risk assessment in selected shrimp species of Pakistan

ABSTRACT Heavy metal pollution in marine organisms poses a significant threat to both ecosystems and human health. Dumping untreated sewage into the sea pollutes coastal waters with toxic metals. This study examined the levels of chromium (Cr), lead (Pb), nickel (Ni), mercury (Hg), arsenic (As) and copper (Cu) in three shrimp species of genus Penaeus i.e. Penaeus merguiensis, Penaeus monodon, and Penaeus indicus. The findings revealed that the average levels of arsenic, lead, and mercury were considerably higher than the legislative limits. Furthermore, chromium and lead levels remained consistent across shrimp species, while other metals exhibited significant variation. Additionally, THQ and HI values were below the limit of 1, indicating low health risks from consuming shrimp species from this area. However, sustained monitoring and research are essential to protect consumer health and ensure long-term sustainability of seafood resources.

The Hierarchy of Victimhood: Prisons and States’ Responsibility to Protect Every Victim of Modern Slavery and Human Trafficking

In 2022, the prison service in England and Wales developed state-of-the-art guidance for prisons to enable them to better identify and support modern slavery survivors. This positive development in the UK’s anti-slavery regime is overshadowed by its increasingly restrictive immigration legislation, which leaves those without lawful residence and victims involved in criminal offences excluded from the support and assistance otherwise guaranteed by domestic and international law. This article presents an overview of the UK’s legal obligations towards survivors of modern slavery and human trafficking, explains how the prison service in England and Wales has sought to implement them, and discusses key challenges facing prisons in doing so. These efforts are contrasted with an increasingly hostile environment for certain categories of survivors, which effectively creates a “hierarchy of victimhood”, expressly prohibited by international law. In an environment where being a victim of a crime and human rights violation both matter less than the State’s interest in immigration and crime control, prisons will struggle to deliver on their commitment and international obligation to protect those inmates who have been or are at risk of being exploited.

“I’m the Kind of Trans They Don’t Care About”: Experiences of Trans-Masculine Athletes in the National Collegiate Athletic Association

In 2022, transgender swimmer Lia Thomas reignited longstanding debates about fairness in sport, and by August 2023, 23 states had enacted legislation restricting transgender athletic participation. While trans-feminine athletes are often seen as a “threat” to women’s sports, the experiences of trans-masculine athletes are often overlooked. Based on interviews with 13 trans-masculine athletes in the National Collegiate Athletic Association, I explore how they navigate gender identity while participating in gendered, competitive sport. I find that their (trans)gender identities and identities as athletes became inseparable and were mutually constituted. Additionally, I argue that their experiences in sport are contingent on their trans-masculine identities. While not the primary targets of antitrans policy, their experiences were impacted by broader, antitrans rhetoric and legislative efforts to restrict transgender participation.

An Investigation of the Spatial Arrangement of Mycotoxin Build-Up in Corn Stored Under Different Environmental Conditions.

Mycotoxins are toxins produced by fungi that contaminate many key food crops as they grow in the field and during storage. Specific mycotoxins are produced by different fungi. Each type of fungus and mycotoxin have their own optimal temperatures and water activities for growth and production. The legislative limits for various mycotoxins in foodstuffs to protect human health vary between countries but all commodities have their levels evaluated based on the concentrations from one aggregated grain sample. This approach assumes that the variation in toxin levels is uniform and random without spatial trends. This study investigates the spatial distribution of four mycotoxins (aflatoxin, deoxynivalenol, fumonisin and zearalenone) in bins of clean and dirty corn when stored in an environmental cabinet for two months under different temperature and humidity conditions. The bins of clean and dirty corn each had 12 CO2/humidity/temperature sensors installed in three layers, and samples were extracted for mycotoxin analysis from locations close to each sensor following storage. Using Mann-Whitney U and Kruskal-Wallis H statistical tests, significant differences were found between mycotoxin levels attributable to the different environmental conditions and spatial locations of samples. Variations in aflatoxin and zearalenone concentrations were most pronounced for the range of temperature and humidity conditions chosen. By understanding the patterns of spatial variability in mycotoxin concentrations and identifying zones at high risk of contamination, as well as what conditions are favorable, targeted interventions could be implemented to reduce food waste. This work also has implications for how levels of mycotoxins in foodstuffs are sampled and measured.

The historical opposition to psychedelic research and implications for credibility in psychiatry.

Psychedelics are a group of psychoactive substances that alter consciousness and produce marked shifts in sensory perception, cognition, and mood. Although psychedelics have been used by indigenous communities for centuries, they have only recently been investigated as an adjunctive therapeutic tool in psychotherapy. Since the early twentieth century, psychedelic-assisted psychotherapy has been explored for the treatment of several neuropsychiatric conditions characterized by rigid thought patterns and treatment resistance. However, this rapidly emerging field of neuroscience has evolved alongside opposition in several areas, including the affiliation with mid-twentieth century counterculture movements, media sensationalization, legislative restriction, and scientific criticisms such as "breaking the blind" and "excessive enthusiasm." This perspective article explores the historical opposition to psychedelic research and the implications for the credibility of the field. In the midst of psychedelic drug policy reform, drawing lessons from historical events will contribute to clinical research efforts in psychiatry.

The application of mechanisms of social dialogue in alternative methods of resolving labour disputes

The article defines the legal characteristics of alternative methods of resolving labour disputes, considering their role within the mechanism of social dialogue as a guarantee of interaction and mutual understanding between the parties involved. It highlights the trend in the development of modern labour legislation towards increasing the significance of social dialogue mechanisms in resolving both individual and collective labour disputes, as well as fostering greater involvement of social dialogue participants in the resolution of these disputes. It emphasises that conciliation and mediation procedures should be applied under current conditions in resolving both rights-based and interest-based labour disputes. A critical analysis is presented of the legislative limitation that confines conciliation procedures solely to the development of draft regulatory acts. Alternative methods of resolving labour disputes are considered as a form of conciliation procedure. It is emphasised that alternative methods of resolving labour disputes offer the possibility for the parties to the dispute to independently resolve their disagreements through a joint decision or to involve an impartial third party, jointly authorising them to develop an acceptable resolution that both sides will recognise as binding. The author identifies the following alternative methods for resolving labour disputes: direct negotiations, conciliation through settlement procedures, mediation, and arbitration procedures. It is highlighted that appointing a labour dispute commission at a general meeting or conference of employees contradicts the principles of social dialogue established in Article 3 of the relevant Law of Ukraine. It is proposed that such a body be formed on the basis of social dialogue, comprising representatives of both employees and the employer. Functionally, the labour dispute commission should operate as a permanent conciliation body rather than a jurisdictional one. It is suggested to regulate the use of mediation for resolving labour disputes at the local level within a collective or employment agreement. Arguments are presented that mediation is a subtype of one form of social dialogue—namely, conciliation procedures—since it aims to reconcile the parties to a dispute and to find a mutually acceptable solution. Mediation can be used not only for resolving labour disputes but also during negotiations for the conclusion of collective agreements, particularly to address disagreements that may arise during the preparation of draft versions of such agreements.

Diclofenac sodium removal by powdered activated carbon of coconut endocarp: process optimization, kinetics, and isotherms

ABSTRACT Emerging contaminants (ECs) have been detected in various environmental compartments, particularly aquatic bodies. Diclofenac sodium (DS), one of the most ecotoxic ECs, causes hemodynamic changes, thyroid tumors, and adverse effects under chronic exposure. Therefore, some countries have adopted restrictive legislation, encouraging the development of technology to mitigate this. Among water treatment processes, adsorption is an effective technical and economic alternative. In this context, this study aimed to evaluate, on a bench scale, the efficiency of DS removal in powdered activated carbon (PAC) of coconut endocarp. DS adsorption was analyzed via central composite design (CCD) using four factors: diclofenac sodium concentration (CDS from 50 to 450 mg·L−1 ), adsorbent concentration (CPAC from 0.2 to 5 g·L−1), contact time (Ct from 5 to 45 min), and pH (from 5 to 9). The results supported response modeling for adsorption capacity, pseudo-first-order (PFO) and pseudo-second-order (PSO) kinetics, intraparticle diffusion (IPD), and Langmuir and Freundlich isotherms. DS demonstrated an affinity for adsorption on PAC. The maximum adsorption capacity was 169.39 mg·g-1 for PAC (CDS of 331.64 mg·L−1, CPAC of 0.2 g·L−1, Ct of 40.6 min, and pH 5) obtained through duplicate confirmation batches.

Control of foreign investment in the fisheries sector

The object of the study is the relations connected with foreign investment in strategic sectors of the economy, the subject is the relations connected with foreign participation in the sphere of fisheries. The following topics are considered in detail: the grounds for increased control over foreign investments in the sphere of fisheries; the concepts of «strategic economic entity engaged in fishing», «foreign investor», «group of persons, which includes a foreign investor», used for the purposes of regulating relations in the sphere of fisheries; legislative restrictions on foreign participation in the sphere of fisheries; consequences of violation of the rules on restricting foreign participation. Particular attention is paid to the issues of interpretation of the concept of «strategic economic entity», and to the interpretation of the law when applied to the foreign investor using the right to extract (catch) aquatic bioresources. The methodological basis of the study was formed by general logical methods of theoretical analysis, special formal-legal, empirical methods and the method of technical-legal analysis. The made the following conclusions regarding the specifics of foreign participation control in the fisheries sector: 1) it is justified to use a broad approach to the concept of a «strategic economic entity», which allows recognizing a company as such regardless of whether it has the right to extract (catch) aquatic biological resources; 2) the legal regime of a single economic entity applies to a group of persons and the same restrictions apply as to an investor acting autonomously; 3) in the fisheries sector, stricter barriers to foreign participation are established, compared to other strategic industries; 4) in case of violation of the legislation in the sector under consideration, measures of both civil and administrative nature are applied simultaneously.