Mandatory Laws Research Articles

Trends and changes in the relationship between quality and price in tenders for healthcare services in the Israeli health system, 2013–2023

Background and objectivesPublic healthcare systems face constraints in financial and professional resources. The Mandatory Tenders Law 5752 − 1992 stipulates that before entering into a contract for the supply of a service or product, public authorities and government corporations must undergo a public tender process. The authors sought to identify and contextualize the trends observed in tenders for healthcare services over the past decade amid increasingly stringent resource constraints. What prevails over what: quality or price?MethodsAll tenders for services provided by health professionals published by the Ministry of Health and health maintenance organizations between 2013 and 2023 were collected. Each tender was assessed for the quality and price components. Trends in the quality and price percentage were evaluated.ResultsA total of 224 tenders were analyzed. A statistically significant weak negative correlation was found between the quality percentage and years (r=-0.185, p < 0.01), indicating that quality percentages tended to decrease over the years. The quality percentages statistically significantly decreased by 10.14% points during the COVID-19 period (p < 0.05). The median quality percentage of tenders for health services directly impacting patients over extended periods was statistically significant higher compared with the median quality percentage of tenders for health services having indirect impacts on patients (p < 0.05).ConclusionsDespite healthcare organizations prioritizing quality and seemingly assigning it a higher weight in tenders, price is often the decisive factor. Effective mechanisms to safeguard the quality and safety of healthcare services in addition to incorporating economic considerations into tender processes should be established.

Mandatory Data Breach Disclosure and Insider Trading

ABSTRACTWe examine whether mandatory data breach disclosure affects insider‐selling behavior and find that selling profits are greater after states require firms to disclose data breaches. The effect is more pronounced for firms with weaker corporate governance, higher cybersecurity risk, and without prior investment in material cyber protection programs. However, insiders profit less when they operate in states with stricter laws and face higher litigation risks. The evidence is consistent with managers personally hedging risks in the capital market when mandatory disclosure laws designed to protect customers are weakly enforced. Laws designed to improve transparency in the product markets may have the unintended effect of reducing the integrity of financial markets. However, insider sales also facilitate the incorporation of bad news in stock prices, making idiosyncratic crashes less likely.

Gender differences in burnout among US nurse leaders during COVID-19 pandemic: an online cross-sectional survey study

ObjectivesAmong nurse leaders, gender should receive particular attention, because life and work experiences and burnout during COVID-19 pandemic may vary between women and men, potentially requiring different strategies to achieve...

“We’re a Disease to Someone”: Embodying Safety and Freedom in a State Motorcyclists’ Rights Organization

ABSTRACT Public health and safety experts have advocated mandatory helmet laws as an important means to increase motorcyclists’ safety and public health for over 50 years. Despite these recommendations, some motorcyclists have successfully organized to challenge such laws. This is an ethnographic study of the largest state motorcyclists’ rights organization (SMRO) in the United States and its institutionalized opposition to mandatory helmet laws. I argue that in addition to its focus on individual freedom, the motorcyclists’ rights movement has characteristics of an embodied health movement in the sense that activists challenge expert understandings of health issues based on their personal experiences. Motorcyclists’ rights activists oppose mandatory helmet laws advocated by experts because they interfere with their understanding of freedom but also do not work to increase safety as they understand it. Exploring the embodied health characteristics of the motorcyclists’ rights movement helps us understand how the movement has been able to grow and maintain itself and the boundaries of embodied health movements. Other movements that combine a focus on both freedom and health and safety may exist and provide fruitful opportunities for future research.

Can Catering to Local Area Needs Through CSR Reduce Firm Risk?

ABSTRACTThis paper examines the effect of corporate social responsibility (CSR) spending to cater to the local area's needs (the area of business operations) in reducing the firm's risk in the mandatory CSR setting. Using a sample of 1677 Indian firms spanning the financial year 2009–2022, we present several interesting results. First, we demonstrate that the risk of the firms eligible under mandatory CSR law is higher than those not qualifying. Second, we find that the risk of firms that focus their CSR on the local area's needs is lower. In an additional analysis, we demonstrate that firms with higher spending on the local area experience lower contingent liability, legal expenses, and audit fees. We illustrate that focusing on the local area's needs in CSR efforts retains signaling value under a mandatory CSR regime.

Should Clergy Be Exempt From Mandatory Reporting Laws?

Abstract Mandatory reporting laws are one of the main tools that governments in the United States use to curb abuse. While clergy have historically been exempted from these laws, this privilege has increasingly come under fire. This essay argues that a certain degree of clergy privilege is warranted. Specifically, it argues three main points. First, laws that require every adult to report credible evidence of abuse are problematic and ought to be repealed. Second, if religion is special, there should be widespread exemptions for clergy from mandatory reporting laws. Third, if religion is not special, confessors should still be exempt from mandatory reporting laws. One of the upshots of this essay is that regardless of whether religion is special, confessors should not be obligated to report abuse heard in the confessional.

Bodies Never Forget: The Case of Lived Bodily Experiences of Iranian Women

This qualitative research examines the lived experiences of Iranian women under the mandatory hijab law, utilizing a sophisticated theoretical framework that merges Foucault’s concept of bio-power with Merleau-Ponty’s embodiment theory. It further enriches this perspective by incorporating feminist theories of embodiment, providing a comprehensive lens to understand the multifaceted dynamics of these experiences. The research explores how women’s bodies have historically been a battleground for both oppression and resistance in Iran. By examining women’s socio-political circumstances, the study sheds light on the primary mechanisms and strategies the political power employs to regulate and control women’s bodies. Utilizing heartfelt narratives from in-depth interviews with eight Iranian women aged 25 to 45 focusing on bodily experiences, this research weaves together the experiences and resistances of these women in the face of compulsory hijab laws. This research uncovers the profound implications of disciplining and politicizing bodies on individuals’ daily lives. It delves into the nuanced effects ranging from societal pressures and institutional power exerted by the educational system to the emotional repercussions and unfulfilled pleasures resulting from such suppression. It highlights how Iranian women navigate, perceive, and push back against socio-political structures that attempt to regulate their bodies and expressions.

When Do Mandatory Electronic Waste Laws Crowd Out Voluntary Environmental Initiatives?

When Do Mandatory Electronic Waste Laws Crowd Out Voluntary Environmental Initiatives?

Mandatory Reporting Laws: A Change in Reporting Behavior?

ABSTRACT Child abuse reporting policies in the form of mandatory reporting continues to expand both in scope and practice across the United States (U.S.). With this development, it is important to understand whether there is a relationship between mandatory reporting laws and reporting behavior while analyzing how any response differs across professional organizations. Mandatory reporting laws serve as a top-down policy used by legislatures to alter the reporting behavior of practitioners, especially within education, law enforcement, and the social services. The reporting behavior of these professionals are important to analyze because they account for the three largest reporting groups in the U.S. After investigating 18 years of child abuse reporting state data from the National Data Archive on Child Abuse and Neglect, I find that the reporting response to this policy differs across professional organizations. Both law enforcement and social workers reporting of suspected abuse does not change regardless of whether the reporting law is adopted. Education personnel, on the other hand, do alter their reporting behavior when a mandatory reporting law is enacted. Specifically, the decline in reporting is attenuated after the policy is put in place. These findings demonstrate the challenges associated with designing child abuse protection policies that influence multiple professional organizations.

Cycle safe or cycle cool? Adolescents’ views on bicycle helmet use and injury prevention campaigns in Belgium

ObjectivesAlthough cycling is a healthy, ecological and practical way of transportation, it is not without risk. The effect of bicycle helmets to prevent head injuries on crashing has been extensively...

STUDENT LEADERS INVOLVEMENT IN DECISION MAKING AND DISCIPLINE MANAGEMENT IN PUBLIC SECONDARY SCHOOLS IN RWANDA A CASE OF NYARUGENGE DISTRICT

Despite the government sustained efforts to improve discipline among students in secondary schools, cases of indiscipline still persist in secondary schools in Rwanda. This study involved an investigation of effects of student leaders involvement in decision making on discipline management in secondary schools. The specific objectives of the study included to assess the effects of student leaders involvement in formulating rules and regulations on discipline management, to determine the effects of student leaders involvement in time keeping on discipline management and lastly to examine the effects of student leaders involvement in disciplinary meetings on discipline management in secondary schools. The study utilised descriptive survey design and causal research design to achieve study objectives. The target population was 378 consisting of head teachers, dean of studies, dean of discipline and other teachers and student leaders from public and private secondary schools. The study used purposive and simple random sampling techniques in selecting the sample population. Questionnaires and interview guides was used to collect the data from respondents. Data was analysed using IBMSPSS version 21 and findings were computed using descriptive statistics including means, frequencies and percentages and inferential statistics including Pearson correlation coefficient, beta coefficients and p-values. The findings were presented in tables and charts. Cronbach Alpha value was 0.83 which indicated the instruments were reliable and the experts opinions were also incorporated to ascertain instruments validity. The findings did indicate that over 65% of respondents agree that student participate in decision making including drafting rules and regulations, time keeping and disciplinary meetings. The mean for all items was approximately 4 with less than 1 standard deviation. Additionally, the beta coefficients for drafting rules and regulations, time keeping and disciplinary meetings were 26.9%, 30.1% and 30.5% respectively with p values of 0.001, 0.004 and 0.001. The study did conclude that there is positive significant effect of student leaders involvement in drafting rules and regulations, time keeping and disciplinary meetings on discipline management. The conclusion of the study was that head teachers should ensure student are represented in school decisions particularly when amending or introducing new rules and regulations, when drafting time tables that guides school activities and when having disciplinary meetings through their leaders. The government through education ministry should also enforce mandatory law in schools that ensures student leaders are involved in decision making process in schools by engaging their leaders. The study is important to school administrators, teachers and students in enhancing discipline.

Антиномічна природа штучного права

Circumstances of earthly life, various vital factors that took place in society, the national state, and interstate relations require specific regulation. The creative atmosphere of a person generates a powerful set of laws. Their number is constantly growing, which requires constant attention to quality, as insoluble, insurmountable contradictions appear. Knowing these contradictions is inextricably linked with doubts. A person does not directly confront the reality of life. Her mind cannot go beyond synergistic, invisible narratives. Therefore, she is forced to create norms and laws for every case of life (this is such an effort). Of course, all regulations begin with customs and moral traditions. These man-made norms also form the basis of man-made laws, which should ensure good relations between people, with the state, between states, etc. But we know that good can be normative and non-normative. It depends on the current morality and laws. The quality of morality and the quality of laws contribute to normative or non-normative good. What causes this phenomenon? Undoubtedly, the reason lies in the legitimate antinomian nature of artificial law. Artificial law arises from artificial morality, from artificial ideology, politics, etc. It should be noted that the cited architectural factors of artificial law are sources of contradictory thinking in rulemaking: ontological thinking cannot accept the leap-like, inconsistent, mostly contradictory logic of deontological legal thinking. That is why it is impossible for a person to combine all deontological laws into a single artificial law due to the essence of the agreement between them. A problem arises: how to combine existing antinomies with the creation of a state. Society has its antinomies of morality, and the state also has some artificial ones – newly introduced moral norms, customs, traditions. And it is impossible to reduce these norms into one artificial law – the natural laws of conservation of energy and momentum will not work, legal reflection will not work, etc. That is, mandatory synergistic law has No. place for artificial, positive law due to the presence of various kinds of antinomies. There are few ways out of this state, but one of them is the observance of ontological morality by the state; implementation of ontological, legal ideology and ontological legal policy. Ontological morality is consistent with natural and supernatural law. This is their visible part. If there are No. antinomies in natural and supernatural law, then they are also absent in ontological morality, since it is called virtue. It is necessary to find out what place virtue occupies in positive law, which is the most antinomian in nature.

ACTION THAT CAN BE TAKEN BY THE PARTIES AS A RESULT OF DIFFERENCES IN THE RIGHT TO SUSPEND PERFORMANCE REGULATED IN CISG 1980 AND INDONESIA CONTRACT LAW

The United Nations Convention on Contracts for the International Sale of Goods 1980 (CISG 1980) and Indonesian contract law have regulated the right to suspend performance. The arrangement is regulated by Article 71 CISG 1980 and Article 1478 of the Indonesia Civil Code (ICC). Until now, Indonesia has not ratified the CISG 1980. This may result in differences in the regulation of the right to suspend performance between CISG 1980 and the ICC. This difference can cause uncertainty for business actors from Indonesia who conduct international trade in goods with partners from CISG 1980 member countries where CISG 1980 applies to contracts that the parties have made. The uncertainty arises because if there is a conflict between the CISG 1980 and the Indonesian Contract Law, the provisions in the Indonesian Contract Law take precedence as mandatory law. This research will analyze the mechanism of the right to suspend performance regulated in CISG 1980 and Indonesia Contract Law. The research method is a comparative normative judicial research method by comparing the mechanism of suspension of the implementation of obligations contained in the CISG 1980 with the Indonesian Contract Law. This research aims to find what efforts can be made by the parties in the event of a difference between the right to suspend performance regulated in the CISG 19880 and Indonesia Contract Law. The results of this research show that the efforts that can be taken by the partiers are to derogate the applicabilityy ofg CISG 1980 as a whole or only derogate the provision of article 71 CISG 1980.

Changes in State Laws on Suicide Prevention Training for School Staff, 2002-2022.

Youth suicide is an urgent public health problem. Gatekeeper training aims to prevent suicide by training people to identify warning signs and make referrals to appropriate services. Many states in the United States have enacted gatekeeper training laws (GTLs) to train school staff in suicide prevention. The objectives of this study were to describe the development of a dataset on GTLs and use the dataset to summarize trends in uptake of GTLs from 2002 through 2022 as well as differences in characteristics (eg, frequency and duration of training) of GTLs. We used publicly available legal databases from all 50 states and the District of Columbia to conduct a policy surveillance assessment of GTLs. We cross-checked data with the American Foundation for Suicide Prevention's 2022 Suicide Prevention in Schools (K-12) issue brief and used Westlaw Edge to conduct a sensitivity analysis. We included the following data in the full dataset: type of laws (encouraged, mandatory, or conditional mandatory), date passed, effective date, frequency of training, and length of training. In 2022, 49 states and the District of Columbia had GTLs, 31 of which were mandatory laws. In 2002, only 6 states had such laws, and none were mandatory. The growing proliferation of laws on suicide prevention training for school staff warrants evaluation of the laws' effectiveness. Our policy surveillance data may be used to better understand the role of these laws in a school-based approach to youth suicide prevention.

Arrest Web Entanglement: Female Domestic Violence Survivors' Experiences with Police Intervention and Coercively Controlling Male Partners.

Although U.S.-based mandatory and preferred arrest laws and policies were created to promote domestic violence survivors' safety, at times they have contributed to the wrongful arrest of women defending themselves against their abusive partners. While these laws and policies are the subject of broad critique, less considered are domestic violence survivors' descriptions of the events that unfold after police officers respond to a domestic violence incident and before they make an arrest. This is an important area of inquiry as these events may highlight how the circumstances leading to wrongful arrest decisions are more complex than the laws and policies alone. Data from the present study came from the author's larger in-depth qualitative investigation of 33 cisgender women's descriptions of their legal and child protection systems involvement. The women were recruited from an antiviolence intervention agency receiving referrals from communities with mandatory and preferred laws and policies. The women had agency contact due to their use of force or alleged use of force. The respondents were diverse across race, age, class, ability, U.S. citizenship status, and sexual identity. The author analyzed the 33 women's 51 interview transcripts and extensive fieldnotes using rigorous iterative analysis and constructivist grounded theory. The analysis revealed that seven of the 33 women, all of whom identified domestic and sexual violence survivorship histories, described a patterned series of events that unfolded after the police arrived at the domestic violence incident and before the police made an arrest. In this study, the author details three of the seven women's stories to demonstrate how a series of events, including police prearrest questioning and their coercively controlling male partners' tactics, facilitated the women's entanglement in what the author refers to as an "arrest web." Their incremental disentanglement from the arrest's impact is also explored. Broad system-focused implications are discussed.

Mandatory seatbelt laws and traffic fatalities: A reassessment

AbstractUsing data from the Fatality Analysis Reporting System for the period 1983–1997, Cohen and Einav (Review of Economics and Statistics 2003; 85[4]: 828–843) found that mandatory seatbelt laws were associated with a 4–6% reduction in traffic fatalities among motor vehicle occupants. After successfully replicating their two‐way fixed effects estimates, we (1) add 22 years of data (1998–2019) to capture additional seatbelt policy variation and observe a longer post‐treatment period, (2) employ the interaction‐weighted estimator proposed by Sun and Abraham (2021) to address potential bias due to heterogeneous and dynamic treatment effects, and (3) estimate event‐study models to investigate pre‐treatment trends and explore lagged post‐treatment effects. Consistent with Cohen and Einav (2003), our updated estimates show that primary seatbelt laws are associated with a 5 to 9% reduction in fatalities among motor vehicle occupants. Estimated effects of secondary seatbelt laws are smaller in magnitude and sensitive to model choice.

Exploring the opportunities and challenges of transitioning to a circular economy in the construction industry

The construction industry is one of the largest industries in the world, responsible for global waste and pollution. As such, there is a growing interest in transitioning to a circular economy, which aims to reduce waste and increase resource efficiency. The purpose of this study is to investigate the opportunities and challenges in transitioning to circular construction industry in Albania. The research method is qualitative and is based on semi-structured interviews with respondents representing different roles in the construction industry. The findings show that construction stakeholders are primarily driven by mandatory laws and regulations in embracing circular practices. The industry faces significant challenges in effectively adopting and implementing circular economy in its managerial processes and to overcome these difficulties, the study highlights the importance of collective efforts, involving key players such as architects, designers, contractors, and policymakers to formulate and enforce policies that encourage circular design and construction methods, while fostering circular business models. The study contributes to the existing literature by shedding light on the motivations and challenges faced by contractors in transitioning to a circular economy, and provide valuable insights for policymakers, industry stakeholders, and academics to support the sustainable development of the construction industry in Albania and beyond.

The immediate impact of mandatory helmet law on maxillo-facial trauma: A comparative study in a major trauma center, Uttar Pradesh.

To analyze the effect of the mandatory helmet rule in helmet usage among motorcycle riders and on facial trauma and to determine the significance of difference in the possibility of facial trauma between the helmeted and non-helmeted motorcycle riders. A retrospective comparative study conducted in a major trauma center at Uttar Pradesh. Data for the present study was obtained from records of the Emergency Department of Trauma Center, for a period of two months before and after the implementation of The Motor Vehicles Act in UP. The study included patients with a history of non-fatal motorcycle accidents who sustained facial injuries regardless of the presence of injuries to other areas of the body during the study period. Information regarding helmet usage during the accident was also recorded. The results were compared between the pre-law period and post-law period. Sample t-test was applied to find the level of significance. Out of 219 injured patients, 152 (69.40%) subjects were not wearing helmets, whereas only 67 (30.59%) subjects were wearing helmets. It was observed that around 68.18% of people stated wearing helmets after law implementation with a statistical significance (P value < 0.05). Our study shows that the mandatory helmet rule with elevated penalty rates has significantly increased the usage of helmet among the motorcycle riders, and it also proves that the possibility of facial trauma is significantly higher in non-helmeted riders when compared to helmeted riders.

Benchmarking online food delivery applications against menu labelling laws: a cross-sectional observational analysis.

It is unknown how well menu labelling schemes that enforce the display of kilojoule (kJ) labelling at point-of-sale have been implemented on online food delivery (OFD) services in Australia. This study aimed to examine the prevalence of kJ labelling on the online menus of large food outlets with more than twenty locations in the state or fifty locations nationally. A secondary aim was to evaluate the nutritional quality of menu items on OFD from mid-sized outlets that have fewer locations than what is specified in the current scheme. Cross-sectional analysis. Prevalence of kJ labelling by large food outlets on OFD from August to September 2022 was examined. Proportion of discretionary ('junk food') items on menus from mid-sized outlets was assessed. Forty-three unique large food outlets on company (e.g. MyMacca's) and third party OFD (Uber Eats, Menulog, Deliveroo) within Sydney, Australia. Ninety-two mid-sized food outlets were analysed. N/A. On company OFD apps, 35 % (7/23) had complete kJ labelling for each menu item. In comparison, only 4·8 % (2/42), 5·3 % (2/38) and 3·6 % (1/28) of large outlets on Uber Eats, Menulog and Deliveroo had complete kJ labelling at all locations, respectively. Over three-quarters, 76·3 % (345/452) of menu items from mid-sized outlets were classified as discretionary. Kilojoule labelling was absent or incomplete on a high proportion of online menus. Mid-sized outlets have abundant discretionary choices and yet escape criteria for mandatory menu labelling laws. Our findings show the need to further monitor the implementation of nutrition policies on OFD.

Arbitration and the Mandatory Law Problem: A Mixed Mode ADR Approach

Arbitration and the Mandatory Law Problem: A Mixed Mode ADR Approach