Office Of Counsel Research Articles

Indicators of Client Satisfaction in Academic, Career, and Personal Counseling in Higher Education

There will be an increasingly older cast to American society during the next twenty to thirty years. Middle-aged and older Americans will face numerous changes in the workplace, including technological change, a global economy, lack of promotional opportunities, and layoffs. As a result of these changes, many adult workers will chose to enter or re-enter college programs to upgrade their employment skills. Personnel within institutions of higher education, including those in the counseling office, may not be fully prepared to serve these older students who will need assistance with their transition to college. Without such aid, these students might drop out of higher education, exacerbating the retention problem faced by many colleges. The retention literature indicates that the identification of and commitment to career goals as well as the development of relationships with the institution are two important contributors to the retention of college students. Additionally, the literature on the adult student has focused on the need for supportive counseling 1) to help adult students establish and navigate their personal relationship to the institution, and 2) assist them to resolve conflicts that may accompany their transition to college. If they are to help adults persist in their college programs, counselors need to know how to best address the problems and issues these older learners face. Counselors need to know the outcome of their counseling sessions with adults, so they can ascertain the best methods and processes to utilize; a common method used to assess outcome is client satisfaction, a form of self-report. This study explored three research questions: Among students who use counseling services, 1) To what extent can a combination of environmental (i.e., social climate), demographic (i.e., age, individual differences), and process (i.e., number of sessions) variables predict client satisfaction; 2) To what extent does client satisfaction differ between men and women; 3) To what extent can reason for attending counseling sessions (i.e., personal, vocational, educational) predict client satisfaction. Analyses were conducted using hierarchical multiple regression (Question 1), ANOVA (Question 2), and standard multiple regression (Question 3). The research sample consisted of 199 students at a comprehensive state university who attended at least one session of counseling. The results indicated that the relationship (cohesion) between a counselor and client is the most significant factor in a student's satisfaction with counseling, whether the student is an adult student or one of traditional age. For this reason, institutions of higher education should strive to develop a sense of cohesion, in the form of close relationships, with its students. Programmatic strategies, including those for adult students, are discussed.

Drafting techniques for implementing treaties in New Zealand

Journal Article Drafting techniques for implementing treaties in New Zealand Get access M Gobbi M Gobbi New Zealand Parliamentary Counsel Office, New Zealand Search for other works by this author on: Oxford Academic Google Scholar Statute Law Review, Volume 21, Issue 2, 2000, Pages 71–103, https://doi.org/10.1093/slr/21.2.71 Published: 01 August 2000

Retrospective analysis of perinatal mortality in Belgrade in 1996

Through the set hypotheses and presented results of statistical analysis it was attempted to answer the question of what more could be done in our country, especially in the health sector, to decrease perinatal mortality, so as to achieve the level which some northwest European countries already have. On the basis of data of official statistics, there is still insufficient cooperation in Belgrade between departments in the same health institution, as well as between certain levels of health care, without appropriate transfer of information on the women who have just given birth, namely the new-born (pregnancy card). A lack of uniformity in the level of equipment and insufficient usage of genetic counseling offices is present. About 62% of pregnant women reports to the counseling offices for pregnant women for the first time in the first trimester, which is not sufficient. The standardization of the application of doctrinal standpoints should be achieved, especially in the diagnosis of risk factors and the provision of adequate medical documentation for transfer of information during pregnancy, labor and the condition of the newborn. Within that, it is necessary to continually provide expert advanced training of health workers in the future, in the organization of the relevant institution. The research results of biological variables of women who have just given birth, such as average age, parity, abortion and illness in her reproductive history, as well as the most common complications during delivery, showed that no significant deviation as regards this risk factor within control and risk groups. The stated data indicated that in the risk group there were somewhat more primipara, which might present an increased factor of risk for the outcome of the delivery, while there were almost the same percentage less than in the control group of the women who bore their second child. On the other hand, there were less women who previously had an abortion in the sample. Biological variables of newborns showed that in the risk group, out of the total infant deaths, 41.6% were stillborn, and 57.3% died during the first week, namely 22.6% during the first day of life. The ratio between sexes was almost identical: 44.8% of dead newborns were male and 44.4% were female sex. In the first twentyfour hours, namely in the first five hours upon birth, the mortality of male newborns was greater by about 10%. The mortality of female newborns was greater in the second day of life, by about 7% of the mortality of the male newborns of the same age. Upon reception into the maternity hospital already, normal state of the fetus was noted in only one third of the cases with these deliveries, while in two thirds death had already occurred or suffering of the fetus was present. As many as 198 or 71% of newborns were prematurely delivered. Not a single delivery was noted after term. 3.9% of the newborns had weight upto 499 grams, as many as 29.4% had exceptionally small weight (500-999 g), and another 20.8% small weight at birth (1000-1499 g). In 19.4% cases, the fetus was completely immature, while in 60.6% of the cases the delivery came between the 28th and 36th gestation weeks. As early as the first minute of birth, the lives of over 60% of the liveborn children were endangered (low apgar score). Over one half of the newborns which received the mark one or two in the first minute upon birth, died in the first seventy-two hours of life. The most critical were the first five hours upon birth, as well as the second day of life. The knowledge of the samples of seminatal mortality in Belgrade also represents a basis for further programming of health care for the mother and child on the city level. A dominant mortality sample is severe asphyxia (60%). In 13.8% of the cases, the cause of death is registered as unmarked or unknown, so the second place according to intensity is present as respiratory distress (6.9%). Multiple deliveries with seminatal mortality were present in 26.9% cases. Most of the deliveries were carried out with the "normal" position of the fetus, while 15.1% of the deliveries were pelvic, and 17.3% were carried out by some childbearing operation technique.

The Paradox of Clinton Winning and the Presidency Losing

sources, and prerogatives of the presidency. Andrew Johnson's narrow acquittal in his impeachment trial was followed by thirty years of what was described by Woodrow Wilson as congressional government. After Richard Nixon resigned the presidency, Congress passed framework laws providing itself with a collaborative role in developing budgetary, fiscal, diplomatic, intelligence, and military policies, and an independent counsel that helped check the Reagan administration in the Iran-contra affair. How will President Bill Clinton's impeachment and acquittal affect the post-Monica presidency? A public law approach to the study of the presidency would tot up all the White House legal wins and losses, note all the precedents established or reaffirmed, and conclude that Clinton had lost badly in the courts, therefore weakening the presidency. In technical and institutional senses this is true, but why then is Clinton still in office and standing tall? If the Office of Independent Counsel (OIC) won so many legal victories, why was Independent Counsel Kenneth Starr unable thereafter to indict Clinton, Hillary Rodham Clinton, or the proverbial ham sandwich? Why, at the end of the day, did Congress refuse to reauthorize the Office of Independent Counsel? The theory of prerogative power may be useful in putting the legal backlash against Clinton's claims in the context of a strong political frontlash effect that saved Clinton and doomed Starr.'

The Importance of Creativity in Family Therapy: A Preliminary Consideration

In this article, the author considers the importance of creativity in the context of family therapy. Therapist characteristics and techniques that might be labeled as creative or associated with the notion of creativity are also examined. The author focuses on the concept of creativity in some prominent theories of counseling and therapy; the relation of divergent thinking to healthy human development and functioning; the dynamic, interactive nature of creativity in therapy; the circumstances in which increased creative abilities in clients is or should be a goal; some threats or blocks to the development and expression of creativity; the role of creativity in training; and the degree to which creativity is linked to the counseling office. As a result of this preliminary discussion, family therapists may be encouraged to further contemplate the role of creativity, both theoretically and pragmatically, in their approach to working with individuals, couples, and families.

After the Twilight Drug

After the Twilight Drug Hallie Tobias I squeeze the dropper, watching five beads of urine fall. It's the third time in as many months I've felt compeUed to take a pregnancy test. Breastfeeding my eleven-month-old has stopped the flow I never found comforting until now. My body became an abundant but foreign landscape foUowing her birth, stomach etched with paths like Ughtning against white night sky, ovaries ceasing their usual rumble that sets my body's cycle. Five minutes waiting. I pace, remember the show I saw last night on how antibiotics can block birth control piUs. In the bathroom cabinet, Ceftin for my respiratory infection sits next to the famiUar beige packet of Ortho Novum. When a red cross rises on the test patch like a comet's radiant streak, I whisper, "Oh, please no," hear our baby kick her crib in the next room. My husband is away, at a rehearsal. I am alone with my daughter. There is someone in my body with me. I call backstage, teU him why he needs to come home. Early the next morning I leave for the cUnic alone, my husband bound to play a concert he can't cancel. After a short drive, I see myself on security monitors and fiU out insistent forms: Do you believe you are pregnant? Do you want to be? The nurse confirms I'm five weeks along. My daughter was only five weeks' gestation when I learned about her in a similar office. I'm sent to the clinic counselor, a woman with frosted hair who apparendy has never seen someone cry so much. She urges, 'Wouldn't you like to wait the weekend? You seem very emotional." From her mental institution a thousand miles away, my mother whispers, You let some boy stick it in, didn't you? Twenty-five years ago, her accusation slapped me every night before I ever dated or kissed. Whüe she locked herself in her bedroom or stood naked, screaming and spitting at the top of a staircase, I changed my brother's diaper, fed him dinner, hugged aU his stuffed animals good night. 139 140Fourth Genre In the counseling office, I teU this stranger behind the desk that I am the primary wage-earner for my famüy. I know I can't cope with two chüdren under one-and-a-half. I have no money that isn't spent before it arrives, no energy, a Ufe yet to Uve. The world is not big enough for aU of us. In the exam room, the nurse offers a hospital gown, VaUum, and talk about vacuum suction. She says the procedure wül probably be done in ten minutes, and I could feel severe cramps. Then she leaves me to relax. I shiver. I am seventeen again, in court, testifying against my mother. Ifmy testimony is convincing, my father wül win custody of my nine-year-old brother. If not, my brother wül spend his days with a schizophrenic who pees into cups in the kitchen and talks to people I can't see. It seems impossible we could lose, but my mother's famüy has hired one of the most powerful attorneys in Chicago. Money changing hands has influenced more than one ruling. And in the late 1970s, it is unusual for fathers to obtain custody of their children. In the witness box, I teU stories none ofmy uncles or aunts wanted to hear years ago when they praised me for being strong, how I once woke to see Mother opening and closing a scissors above my eyes, or how I dodged hurled pots of boiling water. I Ue only once, when I say, I don't hate her. Ifeel sorryfor her. After weeks of testimony, including a closed-door session between my brother and the judge, we wait for the verdict inside a cold courtroom.With the pure belief that what's right wiU happen, my brother is smiling. I stroke the hair on the back of his neck. The judge asks the attorneys to approach the bench. We strain forward, hear her say that based on...

Something to Hide: Clinton's Misuse of Executive Privilege

quest, citing national security or some other compelling need. In the Lewinsky scandal, the president and some of his advisers (including the first lady) asserted executive privilege to thwart the investigation of the Office of Independent Counsel (OIC), while they claimed that they only wished to protect a constitutional principle for future administrations. Executive privilege is a controversial power. Some scholars

High-Level, "Tenured" Lawyers

Government lawyers can be broadly categorized as either political or civil service appointees. The political appointees constitute a thin layer at or near the top the hierarchy government lawyers. They include, most prominently, presidential appointees-Officers the United States who must be nominated and confirmed by the Senate prior to their appointment.1 They also include a variety lesser lawyers who are exempt from most the civil service laws.2 Such exempt inferior Officers include, for example, the lawyers in the White House Counsel's office and so-called Schedule C lawyers who hold positions of a confidential or policy-determining nature scattered throughout the bureaucracy.3 The civil service lawyers form the much larger base the hierarchy below the thin top layer. They shall be referred to here as lawyers, because, as in the case tenured academics, they have an expectation continued government employment unless and until they are terminated for cause following cumbersome due process formalities.4 These tenure rights, which are created by the civil service laws and regulations,5 do not confer the right to continue in any particular job or function. Tenured lawyers can be removed from their position if their agency is abolished or is subject to a reduction in force.6 Generally speaking, however, they cannot be fired, demoted, or have their pay reduced unless they have been proven guilty some dereliction duty.7

The Role of Government Attorneys in Regulatory Agency Rulemaking

Every time a federal regulatory agency exercises its power to write rules to govern private conduct, it must be prepared to resolve a wide variety of technical, economic, political, and legal issues. To assist them in these efforts, the agencies have invented a variety of internal decisionmaking models to bring different kinds of expertise to bear on regulatory problems. Legal expertise is nearly always required at some stage of the internal decisionmaking process because regulatory agencies are created by statute, agency powers are vested and limited by statute, and virtually all agency rules are subject to judicial review for substantive rationality, procedural correctness, and fidelity to those statutes and the Constitution. Agency lawyers from the Office of General Counsel (sometimes called the Office of the Solicitor) therefore play important roles in internal agency decisionmaking. Not surprisingly, the roles that agency lawyers play in many ways mirror the roles that reviewing courts play in reviewing agency rules under the Constitution, agency statutes, and general statutes like the Administrative Procedure Act (“APA”). This essay will explore the many roles that agency lawyers can play in the internal processes of developing proposed rules and responding to public comments on those rules. After briefly describing the two predominant models of the internal decisionmaking process from the lawyer’s perspective, the essay will examine how the agency lawyer functions within those models. In virtually all rulemaking contexts, agency lawyers have the power to determine external

The Failure of the Freedom-Based and Utilitarian Arguments for Assisted Suicide

available on Medline. 151. See generally Compassion in Dying v. Washington, 79 F.3d 790, 827 (9th Cir. 1996)(The state clearly has a legitimate interest in safeguarding the interests of innocent third parties such as minor children and other family members dependent on persons who wish to commit suicide.), rev'd. sub nom. Washington v. Glucksberg, 1.17 S. Ct. 2258 (1997). 152. 2 Marcel Proust, Remembrance of Things Past, 750 (1913-26)(C. K. Scott Moncrieff, trans., 1932). 153. similar question can be raised about the relationship between patients and their families and friends: [Tihe absolute fixed tabu against suicide... has served to make the patient's right to expect the care of her family or community fixed and unquestioned. As long as a human being's natural life exists the family and/or institutional caretakers are morally obligated to offer support and care. * * * When the option or choice to end a life is morally permitted, then the interpersonal situation changes. One must justify his or her choice to go on living and ask why one should voluntarily continue to exact care or be dependent on others. Sidney Callahan, A Feminist Case Against Self-Determined Dying in Assisted Suicide and Euthanasia, I Stud. In Prolife Feminism 303, 313 (1995). 154. See, e.g., Leon R. Kass, Neither for Love nor Money: Why Doctors MustNot Kill, Public Interest, Winter, 1989, at 25, 35 (The patient's trust in the doctor's wholehearted devotion to the patient's best interests will be hard to sustain once doctors are licensed to kill.); Orentlichter, From the Office of the General Counsel: Physician Participation in Assisted Suicide, 262 JAMA 1844, 1844-45 (1989): If the physician appears sympathetic to the patient's interest in suicide, it may convey the impression that the physician feels assisted suicide is a desirable alternative. Such an impression may not be very comforting to the patient. Moreover, if the patient 249 250 THE AMERICAN JOURNAL OF JURISPRUDENCE (1997) between patients and physicians on 'end-of-life care that included explicit mention of euthanasia or-physician-assisted suicide' would reduce patients' trust in the physician. 155 This should be a special concern to those who reject the liberal view of medicine-the highly individualistic one which awards a central place to rights--and instead accept a relational account. Dr. Cassell urges physicians: [R]each out to the suffering person to bring him or her back with the rest of us. You must communicate to the person that no matter what happens or how difficult it is, you are going to be there and help. * * * Social contacts must be facilitated. Relationships within the family should be bolstered. Barriers to familial closeness erected during serious illness by, for example, untruths, false optimism, repugnance, and fear can usually be removed with little effort by teaching members of the family how to interact with a sick person. 156 The case for this relational approach is especially compelling in instances of the terminally ill who begin to discuss suicide: The vast majority of terminally ill patients who consider or discuss suicide do not kill themselves. For terminally ill patients, as for their nonterminally ill counterparts, talk of suicide is a signal to physicians and family that the patient's fears and needs have not. been adequately addressed. Therefore, the first task for physicians . . . is to elicit the patient's concerns and try to relieve them.... Most terminally ill patients find reasons to continue to live after their concerns or symptoms are assuaged. 1 57 decides to reject suicide, will the patient have the same degree of confidence in the physician's commitment to his or her care as previously? In short, assisted suicide might seriously undermine an essential element of the physician-patient relationship, the patient's trust that the physician is wholeheartedly devoted to caring for the patient's health., (Reference omitted). 155. Emanuel, supra note 125, at 1808. Smaller percentages of patients and the general public thought that such discussions would have that effect. Id. 19.0% of patients and 26.5% of the general public thought they would change physicians if their physician told them he or she 'had provided euthanasia or assisted suicide for other patients.' Id. 156. Cassell, supra note 137, at 246-47. 157. Ann Alpers & Bernard Lo, Physician-Assisted Suicide in Oregon: Bold Experiment, 274 JAMA 483, 484 (1995)(references omitted). Cf. on Scientific Affairs, American Medical Association, Council Report: Good Care of the Dying Patient, 275 JAMA 474, 475 (1 996)(many persons initiate a discussion about suicide to evaluate the degree to which others are concerned with their well-being and to evaluate their own selfworth.). See generally Shneidman, supra note 96, passim.

Task of the Counseling Office for the Intellectual Handicapped in Vocational Rehabilitation

Task of the Counseling Office for the Intellectual Handicapped in Vocational Rehabilitation

A Case for Reinventing Juvenile Transfer

Juvenile and Family Court JournalVolume 47, Issue 4 p. 3-22 A Case for Reinventing Juvenile Transfer The record of transfer of juvenile offenders to criminal court in Cook County, Illinois Elizabeth E. Clarke, Corresponding Author Elizabeth E. Clarke Elizabeth E. Clarke is currently serving as Juvenile Justice Counsel for the Office of the Cook County Public Defender, where she advises the Public Defender on policy and legislative issues affecting the juvenile court system in Cook County.*Juvenile Justice Counsel Office of Cook County Public Defender 200 W. Adams, 9th Floor Chicago, IL 60606Search for more papers by this author Elizabeth E. Clarke, Corresponding Author Elizabeth E. Clarke Elizabeth E. Clarke is currently serving as Juvenile Justice Counsel for the Office of the Cook County Public Defender, where she advises the Public Defender on policy and legislative issues affecting the juvenile court system in Cook County.*Juvenile Justice Counsel Office of Cook County Public Defender 200 W. Adams, 9th Floor Chicago, IL 60606Search for more papers by this author First published: November 1996 https://doi.org/10.1111/j.1755-6988.1996.tb00757.xCitations: 15 AboutPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onFacebookTwitterLinked InRedditWechat Citing Literature Volume47, Issue4November 1996Pages 3-22 RelatedInformation

Whistleblowing: Subversion or Corporate Citizenship?

Introduction PART ONE: GENERAL ISSUES Whistleblowing - Gerald Vinten Fact and Fiction: An Introductory Discussion Whistleblowers as Corporate Safety Net - Marlene Winfield The Registrar in the John Lewis Partnership plc - Pauline Graham Corporate Conscience What Does It Mean to Be a Committed Employee? - Christopher Mabey and Carolyn Hooker Codes of Ethics and Whistleblowing - George C S Benson PART TWO: PROFESSIONAL PERSPECTIVES US Law, Whistleblower Protection and the Office of the Special Counsel - Bruce D Fong Whistleblowing in English Law - Michael Cover and Gordon Humphreys Whistleblowing Management Accountants - Michael K Shaub and James F Brown Jr A U S View Enough is Enough - Gerald Vinten An Employer's View - The Pink Affair PART THREE: PERSONAL PERSPECTIVES Official Secrecy - Robin Robison Civil Servants, Secrecy and the Defence of the Realm Charles Robertson - Alan Lovell and Charles Robertson In the Eye of the Storm Academic Whistleblowing on the Beat - Simon Holdaway The Policeman's Lot

The Immigration and Naturalization Service Considerations for Asylum Officers adjudicating Asylum Claims from Women

The Immigration and Naturalization Service Considerations for Asylum Officers adjudicating Asylum Claims from Women Lori L. Scialabba Lori L. Scialabba *Deputy General Counsel, United States Immigration and Naturalization Service (INS). I would like to thank Bo Cooper and Dorothea Lay for their help in preparing these remarks. Both are attorneys in the INS Office of the General Counsel. Search for other works by this author on: Oxford Academic Google Scholar International Journal of Refugee Law, Volume 9, Issue Special_Issue, October 1997, Pages 174–181, https://doi.org/10.1093/reflaw/9.Special_Issue.174 Published: 05 April 2016

Memorandum Opinion of the General Counsel's Office, Administrative Office of United States Courts: Interpretation of 28 U.S.C. § 994(B)(2), the "25% Rule," and Analysis of Its Effects on the Federal Sentencing Guidelines Interpretation and Analysis of Section 994(B)(2)

Memorandum Opinion of the General Counsel's Office, Administrative Office of United States Courts: Interpretation of 28 U.S.C. § 994(B)(2), the "25% Rule," and Analysis of Its Effects on the Federal Sentencing Guidelines Interpretation and Analysis of Section 994(B)(2)

Lives of Lawyers: Journeys in the Organizations of Practice.

America has long enjoyed a love/hate relationship with its attorneys; jokes equating lawyers with vermin abound at the same time that our love of litigation is reflected in a doubling of the ranks of lawyers since the 1960s. Though we often see the lawyer as a crusading lone wolf of justice, the illuminating Lives of Lawyers demonstrates that the integrity of individual lawyers is fundamentally influenced by the nature of the legal organizations that have come to dominate the field. In fleshing out these agencies of legal expertise, Kelly offers important insights into the personal ideals of lawyers, the struggle to clarify professionalism as interpreted by the legal origination, and the effects of these factors on society's perceptions of law and lawyering. Lives of Lawyers paints an intimate portrait of five legal entities: two corporate firms, an in-house corporate counsel's office, and a public interest agency. Each is viewed through a kaleidoscope of client/colleague relationships, connections to civic and community life, income levels and career satisfaction of attorneys, the social status of the organization, and the character of the particular law practiced. These detailed portrayals vividly reveal the diversity inherent to the profession and the wealth of responses to the question of what shapes the values of today's legal practices. The author's deft use of narrative and debt to the discipline of biography and sociology make his five stores a first-rate read. Kelly gets into the trenches with lawyers comprising these organizations; they don't mince words in passing judgment on themselves, their employers, or the state of the profession--particularly its growingcommercialism. Nonetheless, Lives of Lawyers reminds us of the constantly renewed dedication by lawyers to the principles of legal professionalism. Michael J. Kelly is University Vice President and Professor of Law, Georgetown University.

Counselors counteract abuse, drugs, peer pressure: Students 'arm' themselves with compassion

FORT COLLINS, Colo. — They9re land mines. Strategically planted on school grounds, near lockers, along corridors, in classrooms and counseling offices, the devices are set to go off on troubled teens who run across them. Specially trained mercenaries arm each explosive with a hair trigger and powerful compassion — ammunition so dynamic its shock waves are felt throughout this community.

Legal Counsel for Congress: Protecting Institutional Interests

Traditionally, scholars have noted the predominance of lawyers serving in staff support positions and as elected members of the United States Congress. This article explores yet another aspect of the legislative-judicial connection, namely, the roles of the Senate Legal Counsel and the General Counsel in the House of Representatives. Based on interviews, historical documents and court submissions, I examine the development of the offices with particular attention to their work in protecting the interests of both individual members of Congress and the institution in the judicial arena. In conclusion, I argue that the incremental development of the General Counsel's office and the lack of formal rules and procedures governing its activity have given rise to partisan conflict over the office's role as the legal voice for the House of Representatives, a conflict that has not been evidenced in the statutorily-based office of the Senate Legal Counsel.

THE SECOND GENERATION OF NATURAL RESOURCE DAMAGE ASSESSMENTS: LESSONS LEARNED?1

ABSTRACT The Damage Assessment Regulations Team (DART), under the Office of General Counsel of the National Oceanic and Atmospheric Administration (NOAA), has centered its efforts on developing natural resource damage assessment regulations for oil pollution in navigable waters. These procedures will likely lower the costs associated with damage assessments, encourage joint cooperative assessments and simplify most assessments. The DART team of NOAA is developing new regulations for the assessment of damages due to injuries related to oil spills under the Oil Pollution Act of 1990. These regulations will involve coordination, restoration, and economic valuation. Various methods are currently being developed to assess damages for injuries to natural resources. The proposed means include: compensation tables for spills under 50,000 gallons, Type A model, expedited damage assessment (EDA) procedures, and comprehensive procedures. They are being developed to provide trustees with a choice for assessing natural resource damages for each oil spill.

Hansard — Help or Hindrance? A Draftsman's View of Pepper v. Hart

It is just forty years since I entered the Parliamentary Counsel Office in London, then situated in a remnant of the medieval Palace of Westminster known as Old Palace Yard. Throughout that period, and for some two centuries previously, a United Kingdom legislative drafter worked under the assumption that Hansard could not be looked at by courts when construing his or her compositions. Now, this has changed. By its decision in Pepper (Inspector of Taxes) v Hart [1992] 3 WLR 1032 the House of Lords overturned what is known as the exclusionary rule. In this paper I examine the decision and discuss some of its consequences for drafters and others. Drafters, at least in the common law tradition, strive to lay down clear, comprehensive rules. Legislators expect them to do this. Especially, legislators expect them wherever possible to be comprehensive, that is to cover all the ground by express provisions. But of course it is seldom practicable to achieve this aim within the four corners of a parliamentary Bill. So what does the drafter do? There are three possible expedients. Power may be given to lay down the detail in delegated legislation. Implication may be relied on. A broad term may be used. I want to concentrate on the third possibility.