Major Provisions Research Articles

Improvement of technical mastership of highly skilled athletes in track and field

Major provisions and problems of improvement of technical mastery of highly skilled athletes in competitive track and field events as well as the peculiarities of technical preparation methods are presented. Main priorities of organization of technical preparation of highly skilled track and field athletes at each stage of the long-term perfection have been identified. Analysis of scientific and methodical literature has resulted in determining the dynamics of competitive practice volume and basic requirements to selection of training means of technical character.

Health Reform and Retirement.

To analyze whether there was an increase in retirement or in part-time work among older workers after January 2014, when new health insurance coverage options became available because of the Affordable Care Act (ACA). We analyze trends in retirement and part-time work for individuals aged 50-64 years in the basic monthly Current Population Survey from January 2008 through June 2016. We test for a break in trend in January 2014. We also test for differences in trends, both before and after 2014, in states that expanded their Medicaid programs in January 2014 under the ACA compared with those that did not. We find that there was no change in the probability of retirement or part-time work among older workers in 2014 and later, either overall or in Medicaid expansion states relative to nonexpansion states. Although many observers had predicted that an unintended consequence of health reform would be reduced labor supply, we find no evidence of this for older workers in the first 2.5 years after the law's major coverage provisions took effect.

Impact of a State Law on Physician Practice in Sports-Related Concussions

To determine physician-reported adherence to and support of the 2010 Massachusetts youth concussion law, as well as barriers to care and clinical practice in the context of legislation. Primary care physicians (n = 272) in a large pediatric network were eligible for a cross-sectional survey in 2014. Survey questions addressed key policy and practice provisions: concussion knowledge, state regulations and training, practice patterns, referrals, patient characteristics, and barriers to care. Analyses explored relationships between practice and policy, adjusting for physician demographic and practice characteristics. The survey response rate was 64% among all responders (173 of 272). A total of 146 respondents who had evaluated, treated, or referred patients with a suspected sports-related concussion in the previous year were eligible for analysis. The vast majority (90%) of providers agreed that the current Massachusetts laws regarding sports concussions are necessary and support the major provisions. Three-quarters (74%) had taken a required clinician training course on concussions. Those who took training courses were significantly more likely to develop individualized treatment plans (OR, 3.6; 95% CI, 1.1-11.0). Physician training did not improve screening of youth with concussion for depression or substance use. Most physicians (77%) advised patients to refrain from computer, telephone, or television for various time periods. Physicians reported limited communication with schools. Primary care physicians report being comfortable with the diagnosis and management of concussions, and support statewide regulations; however, adherence to mandated training and specific legal requirements varied. Broader and more frequent training may be necessary to align current best evidence with clinical care and state-mandated practice.

Key Provisions of the Patient Protection and Affordable Care Act (ACA): A Systematic Review and Presentation of Early Research Findings.

To conduct a systematic literature review of selected major provisions of the Affordable Care Act (ACA) pertaining to expanded health insurance coverage. We present and synthesize research findings from the last 5years regarding both the immediate and long-term effects of the ACA. We conclude with a summary and offer a research agenda for future studies. We identified relevant articles from peer-reviewed scholarly journals by performing a comprehensive search of major electronic databases. We also identified reports in the "gray literature" disseminated by government agencies and other organizations. Overall, research shows that the ACA has substantially decreased the number of uninsured individuals through the dependent coverage provision, Medicaid expansion, health insurance exchanges, availability of subsidies, and other policy changes. Affordability of health insurance continues to be a concern for many people and disparities persist by geography, race/ethnicity, and income. Early evidence also indicates improvements in access to and affordability of health care. All of these changes are certain to ultimately impact state and federal budgets. The ACA will either directly or indirectly affect almost all Americans. As new and comprehensive data become available, more rigorous evaluations will provide further insights as to whether the ACA has been successful in achieving its goals.

Study of Major Provisions and Characteristics in the 9th Amendment to Chinese Criminal Law

Study of Major Provisions and Characteristics in the 9th Amendment to Chinese Criminal Law

Are current port liability provisions in international maritime law adequate in an era of automation?

ABSTRACTAutomation is changing the traditional ports as we know it. The introduction of podded drive propulsion systems, self-unloading bulk carriers, and increasing use of automation in port operations are indicative of a technological paradigm shift in which the human element becomes increasing devalued potentially creating legal conundrums in traditional notions of obligations and liabilities. Many ‘relational’ difficulties attend the interaction between law and technology. This is often exacerbated when laws obstinately remain stationary and fail to anticipate potential legal quagmires. The nature of current and emergent technology in ports may distort extant international maritime law notions of obligations and liabilities diminishing their utility or worse rendering them otiose. Giving the status of ports as enablers of global economic growth, the rapid growth of automation in ports, and the utility of international maritime law in prescribing consensus-driven international legal norms and rules for ports, it is important to examine how extant international maritime law rules on port operations hold up in automated ports. Thus this paper employs a legal doctrinal approach to critically evaluate major obligations and liability provisions on international maritime law and suggest ways in which these provisions can flow with the ‘technological tide’ of increasing automation.

Assessment of regulatory compliance in selected pharmacy outlets of Nepal

Objectives The aim of the study was to find the compliance of selected pharmacy outlets with nine major provisions of Drugs Act, 1978 and Codes on Sales and Distribution of Drugs, 2014: registering pharmacy outlets, storing and dispensing registered medicines, separately keeping expired medicines, presence of authorized personnel while dispensing, presence of pharmacy registration certificate, renewing annually pharmacy registration certificate, keeping narcotic/psychotropic medicines, updating narcotic/psychotropic medicines record and having sign board of pharmacy outlet. Methods Cross-sectional, observational study of pharmacy outlets was conducted using pretested, semistructured questionnaire and by direct observation in pharmacy outlets of two development regions of Nepal: Central Development Region and Western Development Region for above nine indicators of regulatory provisions. The preliminary data were analysed for descriptive statistics and Mann–Whitney test. Key findings Pharmacy outlets failed to comply with the regulatory provisions. Presence of authorized personnel in pharmacy outlets controlled non-compliances partly only. Conclusions Stakeholders should come up with future stringent interventions for curbing such non-compliances.

McCulloch of Ohio: For the Republic by Mark Bernstein (review)

Reviewed by: McCulloch of Ohio: For the Republic by Mark Bernstein Jerry M. Lewis McCulloch of Ohio: For the Republic. By Mark Bernstein ( New Bremen, Ohio: Equipment Corporation, 2014. 302 pp. Cloth $22.50, isbn 978-0692-20436-8.) This volume is a narrative biography of William Moore McCulloch, a longtime member of the United States House of Representatives from the Fourth District of Ohio. McCulloch was born in 1901 on a farm in Holmes [End Page 97] County, Ohio. The farm had limited amenities and even lacked electricity. Hard work, including milking cows and husking corn by hand, governed his youthful farming life. McCulloch was the first member of his family to go to college when he enrolled in 1920 in the College of Wooster, Ohio, near his home. He majored in political science as a preparation for law school. He later attended the Ohio State University Law School in Columbus, Ohio, graduating in 1925. He began to practice law in Florida, but after a few years returned to Piqua, Ohio, located in the southwest part of the state, which remained his base for the rest of his life. In 1933 he was elected as a Republican to the Ohio House of Representatives from Miami County. In 1936 he was elected minority leader and in 1939 Speaker of the Ohio House. During World War II, he served two years in a civil affairs unit providing administration for parts of France and Germany. In November 1947, he was elected to Congress from the Fourth District of Ohio, eventually serving thirteen consecutive terms. Bernstein offers numerous examples to demonstrate the McCulloch campaign style. “Years later, he told a junior member of his law firm, ‘Always run scared’” (54). This meant reaching out to voters by attending county fairs and having conversations with constituents ranging from farmers to retailers in his district. McCulloch was very conservative as was the Fourth District. A lifelong Republican, he was so frugal with costs that he often returned some of his unused congressional office expense money to the government. He supported just one of President Lyndon Johnson’s “Great Society” programs and that was health care for the elderly. A poll showed that 77 percent of the respondents in the District wanted to reduce both the federal income tax as well as federal spending. Why should we be interested in McCulloch? Because of his leadership with regard to civil rights legislation. The intriguing issue is how a conservative congressman from a conservative district came to play such an important role in establishing one of the major civil rights legislation of the twentieth century: the Civil Rights Act of 1964. Some of the major provisions of the act included voting rights, public accommodations, desegregation of public education, extending the life of the Civil Rights Commission, and the creation of the Equal Employment Opportunity Commission. In chapters 13 and 14 of this biography, the author explores how McCulloch worked both privately and publicly to make sure the proposed bill would not be watered down through political compromise. In these [End Page 98] chapters we see McCulloch interacting with such political actors as Robert Kennedy, Emanuel Celler, John Lindsey, Everett Dirksen, and, of course, presidents Kennedy and Johnson. The bill that became the Civil Right Act was, according to the New York Times writer, Adam Clymer, “McCulloch’s Bill” (119). McCulloch was also important in getting the act passed in Senate as well the conference’s joint bill. Many prominent people recognized McCulloch’s contribution to civil rights. Jacqueline Kennedy Onassis, on learning of McCulloch’s planned retirement, wrote: “You made a personal commitment to President Kennedy in October, 1963. … There were so many opportunities to sabotage the bill … but never took them. On the contrary, you brought everyone along with you” (240). Do we have the answer to the question of why McCulloch took the leadership that led to the passage of major civil rights legislation? Bernstein provides a clue when he quotes McCulloch, saying, “Black power is voting power. The cry of a nonvoter in a representative government is silent cry. Let the black voices be heard” (221). Bernstein suggests that he supported the legislation because McCulloch...

More than protein? Bee–flower interactions and effects of disturbance regimes revealed by rare pollen in bee nests

Bees and their host flower populations were studied by identifying pollen to species or genus, from trap nests where bees were reared. Rare plant species in bee diets, and disturbance regimes, have not previously been researched and are emphasized here. Two focal bee groups with one species each (Megachilidae and Apidae) were studied in a 500,000-ha tropical reserve in the Yucatan Peninsula nine complete years. The number of rare or major pollen species in nests had no statistical correlation; thus, rare pollen analysis complements study of major brood provisions. We found most nests (87 % Megachile zaptlana, 93 % Centris analis) contained rare pollen; only 12 % of the 438 nests contained major pollen alone. Rare pollen sometimes indicated an energy source rather than a scarce protein resource. Trichome nectar of Cydista, along with Ipomoea and Caesalpinia, were nectar sources. Malpighiaceae, despite lacking nectar, often provided the complete Centris diet. Considering rare pollen, only Centris responded to drought, or competition from immigrant honeybees. Neither bee responded to hurricanes. Drought years coincided with low bee populations; Centris nests contained more rare species then. After feral Africanized honeybees colonized, Centris had more major species and fewer rare. Some herbarium vouchers from the study area contained exotic pollen, demonstrating in situ floral contamination and ecological generalization by bees, but this rarely occurred in plants found among the bee diets. Megachile and Centris responded differently to competition and resource scarcity, and plausibly evolved under different disturbance regimes, yet appeared well adapted to hurricane disturbance.

Flexural cracking behavior of normal strength, high strength and high strength fiber concrete beams, using Digital Image Correlation technique

The paper presents the results of an experimental work on the flexural behavior of three types of concrete: normal strength concrete (NSC), high strength concrete (HSC) and high strength fiber concrete (HSFC) in terms of crack detection, crack development, crack width measurements and strain components, using the Digital Image Correlation (DIC) technique. The experimental results of the present work and from others published in the literature were used to assess the accuracy of the major codes provisions (Eurocode 2, ACI 318 and the BS8110 code) for the crack width predictions.The comparison between the classical measurement techniques and the DIC technique suggests that both of them are suitable for the analysis of the strain components (deformations) of structural members. The most important additional benefit of the DIC technique is that it allows the easy detection of the first crack with a high precision, measures the crack opening and follows the progressive cracking process until failure of reinforced concrete members. Furthermore, the experimental results show that the addition of steel fibers increases the load at first crack and amplifies the number of cracks which leads to a remarkable decrease in both the crack spacing and crack width as well as an improvement of the ductility. The flexural failure of the beam specimens also changes from a brittle concrete crushing at the compression zone to a ductile and smooth concrete compression failure.Moreover, the present study shows that, at service load, the code’s provision on crack width are conservative for beams containing steel fibers since predicting excessively higher values than the experimental ones; the overestimation exceeded 300% in some cases and none of the present major design codes takes into consideration the positive restraining effect of the fibers on the crack widening. The Rilem technical document appears to be the only one which takes account the positive effect of steel fibers on cracking, though still not accurate enough in predicting the crack width of fiber reinforced concrete. Based on the present experimental work and on data from the literature, a modification of the Rilem mathematical model is proposed with the aim of improving the crack width prediction of this challenging concrete material.

Sofosbuvir in therapy of chronic HCV-infection

Objective of review: to present new approaches to therapy of patients with chronic NCV-infection based on the clinical use of the direct antiviral action drug Sofosbuvir. Major provisions: until recently a standard approach to therapy of HCV-infection included prescription of schemes on the basis of the pegylated interferons (PEG-IFN) in combination with Ribavirin. Drugs of focused action at functional proteins of the virus – direct anti￾viral drugs – have become drugs of choice, which significantly increases effectiveness and safety of treatment. Drugs of direct antiviral action are classified by the type of viral proteins that serve as the target of their action: protease inhibitors (names of the drugs end with - previr), polymerase inhibitors (names of the drugs end with –buvir), NS5A inhibitors (names of the drugs end with – asvir). Sofosbuvir is an analogue of the uridine nucleotide, a powerful NS5B inhibitor, a key enzyme of HCV-RNA replication, it is widely used in various scheme of antiviral therapy. Conclusion: Sofosbuvir is one of the most promising drugs for therapy of chronic NCV-infection. Its indisputable advantages: it can be used at various viral genotypes, decompensated liver function. Sofosbuvir stands out for its good tolerability and low possibility of development of viral resistance.

Common consolidated corporate tax base as an option for harmonization of direct taxes in the European Union

The article briefly analyses the major provisions of the draft directive on a common consolidated corporate tax base and the results of the working group on preparation of the Directive. The taxation of a corporate group, namely the parent and its subsidiaries, faces the tension between a legal separation, on the one hand, and economic integration on the other hand. It is noted that the tensions between the tax sovereignty of individual states and actions for development of the common market can only be improved by taking into account the views of opposing interests of each party. Apparently, the common market cannot receive automatic prevalence as its mechanisms are far from being perfect. The study concludes that there is a need to adapt the tax legislation of the Member States to the requirements of the internal market laid down in the European treaties.

The Legal Framework of Corporate Rescue Procedure: A Brief Overview

This paper is designed to throw an insight into the legal framework of corporate rescue procedure of the companies in the case of insolvency which are generally governed by insolvency laws. It analyzes the present status and application of insolvency law of our country in the context of companies, by comparing the same with the law of England & Wales. The paper contains major provisions of the present law relating to corporate rescue procedures in English jurisdiction including landmark judgments given in that context. By this comparison, the paper aims to provide the reader with the instigation of thought for making possible improvements in our present law by way of implementing rescue procedures for companies which are in financial difficulties.Northern University Journal of Law Vol.IV 2013; p.57-65

Maritime Terrorism and Piracy: The Threat to Maritime Security

This article analyzes the current dynamics and tendencies of piracy and maritime terrorism. The authors highlight certain categories of piracy and maritime terrorism attacks depending on the methods and purposes of their execution. They consider the statistics of committed pirate attacks and outline the main regions where acts of piracy and maritime terrorism take place. They also carried out an analysis of the major provisions of the conventions and other acts regulating the issues involved in combating piracy and maritime terrorism. Attention is drawn to the fact that piracy and maritime terrorism have certain similarities. The authors highlight distinctive features of piracy and maritime terrorism; they also emphasize the need to consider these two crimes separately in order to counteract such negative criminal phenomena more effectively. DOI: 10.5901/mjss.2015.v6n6s3p226

Prokuratura Europejska - czy stanie się faktem?

The idea of the European Public Prosecutor dates from the 1990 s. Since then, the work on the creation of the foundations of the European Penal Code is associated with the necessity to strengthen the protection of the financial interests of the European Union, in particular the need to combat offences against those interests. Initially the Code seemed to be a purely theoretical concept that cannot be implemented into the EU legislative action because of the existing rules of conferral of powers and the lack of a legal basis for the establishment of such an office. However, with the entry into force of the Treaty of Lisbon the situation has changed, particularly with the addition of the Article 86 of the Treaty on the Functioning of the European Union (TFEU). As a result, the European Commission presented in July 2013 a draft regulation which should serve as a basis for establishment of the European Prosecutor Office [COM(2013) 534 final]. The aim of this paper is to present and briefly analyse major provisions of the proposed regulation, as well as objections submitted by national parliaments and doctrine, and finally the prospects of further work on the project. The discussion has not been yet completed because the draft has not been formally adopted yet and probably in the proposed form will not be accepted by all Member States, which will result in the implementation of the enhanced cooperation procedure.

Corporate Social Responsibility: Understanding the Legal Framework and Philanthropic Indian Companies

Business and conglomerates have never been an isolated entity as the entrepreneurs or the businessmen have always maintained a consistency in the internal and external management and also properly follow-up the movement that use to take place in the external business environment such as consumers, communities, stakeholders, shareholders, and by-laws. Gradually, with the passage of time in last three decades the changes that took place in the Indian cultural norms of corporations had brought forward the concept of corporate social responsibility (CSR) referring to bring about overall positive impact of corporations on the communities, societies, and environments in which they operate. The term CSR became popular in the 1960s and narrowly construed. It had remained a term used indiscriminately by many to cover legal and moral responsibility but in the present scenario, it has been used in a broader way. CSR promotes a vision of business accountability to a wide range of stakeholders, besides shareholders and investors. Key areas of concern are environmental protection and the wellbeing of employees, the community, civil society in general, customers, employees, investors, suppliers, and activist organizations both now and in the future. This article is exclusively based on secondary data and presents an in-depth conceptual framework of the CSR, major provisions and guidelines encrypted by the Ministry of Corporate Affairs, Government of India. Further, the fundamental principle, core elements and its role in nation development are discussed briefl y for the better understanding of the reader.

How relevant is dividend policy under low shareholder protection?

This paper contributes to the debate on why firms pay lower dividends in the stakeholder-oriented governance regimes of Continental Europe than in the market-oriented Anglo-American world. We examine the stakeholder-oriented regime of the Netherlands, before sweeping governance reforms in 2004 defused some major anti-shareholder provisions widely employed by Dutch firms. We find that (i) the payouts of Dutch firms are low due to their habitual use of anti-shareholder provisions, and (ii) dividends and shareholder control are complementary rather than substitute mechanisms in mitigating agency concerns. We find no evidence that controlling shareholders would allow firms to relax their dividend behavior. On the contrary, they demand higher rather than lower dividends to counterbalance the negative impact of anti-shareholder provisions. The highest dividends are paid by firms controlled by corporate insiders, along with institutional investors with superior monitoring skills and incentives. These findings are unlikely to be specific to the Netherlands and could possibly be extended to other stakeholder-oriented regimes.

Choosing Appropriate Contract Methods for Design-Build Projects

AbstractFor design-build (DB) projects, owners normally use lump sum and guaranteed maximum price (GMP) as the major contract payment provisions. However, there was a lack of empirical studies to c...

Elections and Implementation of the Law of Elections in Albania

After the overthrow of the dictatorial system as in Albania in the year 1990, elections are the only legitimate way for the creation of government. In the new political system pluralist democratic governance based only on general elections, free, equal, and periodicals. It became necessarya series of constitutional and legal regulations for elections and election rights. With new laws were arranged particularly and completely realization of this right. The main legal obstacle to democratic elections was the socialist constitution of 1976. Step immediate legislative, that was taken, socialist constitution was abrogated, in force since 1976 in Albania, and adopted a new basic law, with temporary power, until the adoption of a new constitution, which will be the basis of a new political system which was decided in our country after 1990. The main legal acts arranged elections and election law in the new political system are: first, constitutional normative acts, such include law for "Major constitutional provisions" adopted in 1991, constitutional amendment " On rights and freedoms of man", adopted in 1993 and constitution, adopted in 1998. Second, laws, in the which belong the laws on elections and electoral code adopted in 2000. Thirdly are other normative legal acts that governing the conduct of elections and the exercise of the right of election in the our country. The paper treats the elections as the only way to govern, governments that do not come from elections are considered unconstitutional and not legal. The paper treats the constitutional guarantees for elections and election law. The right of election is considered political fundamental constitutional right, This right is guaranteed by the constitution, is the backup of the constitution and can not be limited or denied to any other normative act. The paper treats the the right adjustments election to election law (Election Code). The Constitution orders that the exercise of the right of election, as constitutional political right,be regulated by a special law. The paper treats the provisions of the electoral code to ensure the exercise of this right policy. The paper also deals with the regulation and protection of the right of election from other legal acts, primarily criminal legislation and administrative. In criminal law prescribes a number criminal offenses that directly protect elections and election law. Place on paper has the jurisprudence of the Constitutional Court and the ordinary courts about the elections and election law. DOI: 10.5901/mjss.2015.v6n2s5p155

The Semiconductor Integrated Circuit Layout Design Act 2000 in India and the mischief of freedom of infringement

The Semiconductor Integrated Circuit Layout Design Act 2000 (SICLDA) in India was passed in compliance with the Trade-related Aspects of Intellectual Property Rights Agreement. A perusal of this legislation raises questions as to the haste with which it might have been drafted and passed by the legislature in India. The legislation draws provisions from the Patent Act 1970, the Copyright Act 1957 and the Trade Mark Act 1999. This Cinderella of intellectual property law has failed to draw academic debate on its provisions, possibly because, though the SICLDA was passed in 2000, it was only in 2011 that its major provisions came into force and, before it did so, it remained in obscurity. The author of this article has endeavoured to highlight a substantial error in the SICLDA which makes freedom of infringement under the Act susceptible to mistreatment and unconstitutional.