Public Policy Considerations Research Articles

Do Behavioral Characteristics Influence the Breast Cancer Diagnosis Delay? Evidence From French Retrospective Data

ObjectivesThis study aimed to analyze the behavioral determinants of breast cancer (BC) diagnosis delays in France. To do so, we investigated whether time discounting, risk tolerance, and personality traits influenced the BC diagnosis delay of patients. MethodsWe used original retrospective data collected on 2 large online patient networks from 402 women diagnosed of BC. The BC diagnosis delay was measured by the difference between the date of diagnosis and the date of first symptoms. Time discounting and risk tolerance are measured with both self-reported questions and hypothetical lotteries. Personality traits are measured with the 10-item Big Five indicator. Ordinary least square and probit models were used to analyze whether these behavioral characteristics influenced the BC diagnosis delay. ResultsResults showed that risk tolerance and time discounting were not significantly associated with the BC diagnosis delay. However, we found a longer diagnosis delay for women with a neuroticism personality trait (standardized coefficients ranged from 0.104 [P-value = .036] to 0.090 [P-value = .065]). ConclusionsOverall, our findings underline the need for an increased consideration of cancer screening public health policy for women with mental vulnerabilities since such vulnerabilities were found to be highly correlated with a neuroticism personality trait.

Juridical Analysis of Legal Protection On Charges Due To Discretionary Authority For Regional Officials

This article reviews the roles and responsibilities of local officials in the use of discretionary powers and the legal repercussions that may arise from their decisions. Through a juridical approach, it investigates the legal protections available to local officials when they face indictments or lawsuits as a result of their discretionary actions. Taking into account the existing legal framework, this article analyzes various factors that may influence whether local officials will be held legally responsible for their discretionary decisions, including ethical, public policy and fairness considerations. In addition, it explores the legal safeguards that local officials can take, including enforceability of laws, liability insurance, and dispute resolution mechanisms. As such, this article aims to provide a better understanding of the complexities of legal protection for local officials in the context of the use of discretionary authority. The results showed that legal protection for regional officials related to the use of discretionary authority can be seen from various aspects, including the principle of legality, the principle of legal certainty and accountability. The juridical analysis of legal protection against charges due to discretionary authority for regional officials shows the importance of a deep understanding of the limits and responsibilities attached to the use of such authority. By paying attention to aspects of legality, legal certainty, and accountability, it is hoped that legal protection for regional officials can be guaranteed in the context of the use of discretionary authority.

The Odious Debt Doctrine: The Equitable Rule

Abstract The odious debt doctrine was envisaged by the Russian jurist Alexander Sack as an exception to the passing rule of a debt in case of state and government succession. An analysis of the practice indicates that this exception was often accompanied by some equitable solution. Although the 1983 Vienna Convention did not acknowledge the doctrine, the equitable distribution of assets and liabilities as a method of settling disputes may allow an application of the doctrine in disguise. This equitable method of settling could come into play if the doctrine found application beyond the strict boundaries of state succession. Such a step would imply the formalization of the doctrine in national legislation, with the result that a loan agreement tainted with odiousness would be illegal and unenforceable. Nevertheless, in common law countries, the laws of which usually govern financial transactions, a claim for recovering what transferred under an illegal contract could be denied based on public policy considerations. This denial of restitution would refrain these countries, traditionally sensitive to creditors’ rights, from acknowledging the doctrine in their legal systems. To overcome this impasse, the formalization of the doctrine should include an equitable approach based on the benefit for the population. This equitable approach would reflect the practice of state and government succession on which the doctrine is usually grounded.

Dynamic Capability Framework for Indonesian School Adaptation in Unstable Public Policy Times

ABSTRACT This research endeavors to disclose the key organizational components of three selected schools and their responses to considerable public policy flux. It aims at integrating key aspects of learning from change situations into systemic approaches to the organizational design of schools in Indonesia. Using dynamic capability framework, this research delves into an overarching question of how Indonesian schools adjust its internal and external context to unstable public policy times. Using a qualitative multiple case study approach, this research gathered data through interviews and focus group discussions. The analysis is structured in three stages namely in case analysis, cross case analysis, and finding formulation. The findings suggested that the area of adaptation could be formulated within the following phases: a) questioning and understanding the situation; b) identifying and defining school identity to guide adjustment efforts; c) maximizing communication, network, and school resources; and d) insights into the school structure. The important actions implemented by the schools correspond with dimensions of dynamic capability namely sensing, seizing, and transforming. This study also highlights the significance of a particular approach to organizational design that features dynamic capabilities and substantive capability to help schools manage their resources to successfully adapt within unstable environmental periods.

Determinants of physical activity habit formation: a theory-based qualitative study among young adults

ABSTRACT Purpose Engagement in physical activity significantly contributes to reducing the onset and severity of chronic diseases. Nonetheless, establishing habits around this behaviour remains a persistent challenge. This research endeavours to discern the determinants influencing the formation of physical activity habit among young adults in Israel, drawing upon a socio-ecological model. Methods A qualitative approach with phenomenological-hermeneutical method was used. In-depth interviews were carried to cover four levels of the socio-ecological model. Results Interviewees were categorized into three subgroups according to their physical activity habit strength: Habitually physically active (n = 8), Variably physically active (n = 11), and physically inactive (n = 6). The content analysis yielded four overarching themes associated with physical activity habit formation. Intrapersonal determinants encompassed personal traits, perceptions and attitudes, perceived benefits, and emotional responses related to physical activity. Interpersonal determinants encompassed social support, modelling support, and peer pressure. Community determinants pertained to social norms, resource availability, and accessibility. Finally, public policy considerations encompassed educational policies as well as workplace policies and cultural influences. Conclusions This study highlights the unique determinants contributing to the formation of physical activity habit. As intrapersonal and interpersonal factors are significant determinants, interventions should focus on these elements in order to promote this behaviour among young adults.

Use of Web-GIS Database Model to Accommodate Public Participation in the Improvement of Sustainable Road and Bridge Management: A Conceptual Idea

Sustainability is usually associated with energy source, ecological, soil and environmental aspects. Periodical road and bridge preservation is required to ensure the increasing of accessibility and mobility level, to increase regional economics’ growth, to minimize unplanned or unpredicted environmental consequences and to improve institutional arrangement capability as well. Road and bridge preservation is commonly managed based on its level of damage and constrained in budgeting. Poor public policy makes it worst. Therefore, the issue of strengthening the capacity of regional road and bridge management institutions is deemed important and urgent not only to reduce roads and bridges preservation cost but also to increase regional economics’ growth. Therefore, a proper road preservation type and priority should be determined based on technical, socio-economics, environment and public policy consideration. However, annual road and bridge functional condition data collection took high cost because it has been carried out by engineering consultant. The aim of this study is resolve it by providing a public participation portion in a road and bridge data base model. They are simply asked to send a real time condition of road s or bridge nearby to the local authority. The results strongly indicate that cost saved obtained from it could be focused to road and bridge preservation cost.

The Protection of Confidential Information in Restraint of Trade Agreements

This article examines the balance between protecting an employer’s confidential information and the enforceability of restraint of trade agreements. Central to the discourse is the principle that while employers legitimately seek to safeguard their proprietary information and trade secrets, such measures must align with public policy considerations to avoid unduly curtailing employees’ employment opportunities. Restraint of trade clauses are not inherently invalid but must be scrutinised for their reasonableness, necessity in protecting legitimate business interests and compliance with public policy. Focusing on confidential information as a key protectable interest, the article delineates the conditions under which such information qualifies for protection and how its misuse by former employees poses a legitimate concern for employers. The article underscores a growing tendency to prioritise the safeguarding of employers’ interests, particularly concerning proprietary information. This focus has led to foundational contractual principles being overlooked. The article argues for a nuanced understanding that considers the confidentiality undertaking, location and timing. It underscores the need for the judicious drafting and enforcement of restraint of trade clauses and confidentiality undertakings, guided by clear legal principles that safeguard both employers’ proprietary interests and the public interest in fair competition and employment mobility.

The Protection of Confidential Information in Restraint of Trade Agreements

This article examines the balance between protecting an employer’s confidential information and the enforceability of restraint of trade agreements. Central to the discourse is the principle that while employers legitimately seek to safeguard their proprietary information and trade secrets, such measures must align with public policy considerations to avoid unduly curtailing employees’ employment opportunities. Restraint of trade clauses are not inherently invalid but must be scrutinised for their reasonableness, necessity in protecting legitimate business interests and compliance with public policy. Focusing on confidential information as a key protectable interest, the article delineates the conditions under which such information qualifies for protection and how its misuse by former employees poses a legitimate concern for employers. The article underscores a growing tendency to prioritise the safeguarding of employers’ interests, particularly concerning proprietary information. This focus has led to foundational contractual principles being overlooked. The article argues for a nuanced understanding that considers the confidentiality undertaking, location and timing. It underscores the need for the judicious drafting and enforcement of restraint of trade clauses and confidentiality undertakings, guided by clear legal principles that safeguard both employers’ proprietary interests and the public interest in fair competition and employment mobility.

Spatiotemporal Land Use and Land Cover Changes and Associated Runoff Impact in Itaperuna, Brazil

The urban growth intricately linked to the hydrological cycle outlines a crucial dynamic in the environmental transformations of cities. Utilizing the InVEST (Integrated Valuation of Ecosystem Services and Tradeoffs) Urban Flood Risk Mitigation model, we conducted hydrological modeling to assess the impact of urbanization on land use and land cover (LULC) changes and their subsequent effects on runoff generation in Itaperuna, Brazil, spanning the years 2015 to 2020. The analysis, performed across 17 urban sub-basins, highlights rapid urban expansion, notably in sub-basins 3 and 7, reflecting the city’s spatial dynamics and growth. Significantly, sub-basin 3 exhibited a 7.42% increase in runoff production capacity. The study meticulously documents changes in six LULC categories—water bodies, urban area, exposed soil, forest, natural pasture, and grassland vegetation—revealing that urban growth has directly amplified surface runoff in specific sub-basins, thereby impacting water resource management and flood prevention. Emphasizing the urgency of environmental conservation, especially in deforested basins, the findings hold substantial importance for urban planners and local authorities, offering relevant insights for flood risk mitigation and water security. Future research directions may explore additional facets, including water quality, advanced hydrological models, impacts on biodiversity and society, socioeconomic assessments of preventative measures, public policy considerations, and monitoring systems.

Public Policy as A Ground for Refusing Recognition and Enforcement of Foreign Arbitral Awards: New York Convention, UNCITRAL Model Law and Afghanistan Arbitration Law Perspectives

This article aims to examine the grounds for refusing the recognition and enforcement of foreign arbitral awards based on public policy considerations. It analyzes this issue from the perspectives of three different sources of law: the New York Convention, the UNCITRAL Model Law, and the Afghanistan Commercial Arbitration Law. It discusses the limited scope of the public policy exception under the Convention and the level of discretion given to national courts in applying this ground for refusal. Next, the article explores the UNCITRAL Model Law, which serves as a basis for legislation in many jurisdictions and is often incorporated into domestic arbitration laws. It examines the approach taken by the Model Law towards the public policy exception and compares it to the New York Convention. Finally, the article looks at the perspective of Afghanistan's Commercial Arbitration Law. It analyzes the specific provisions in this law that deal with the recognition and enforcement of foreign arbitral awards based on public policy grounds. Through this analysis, the article aims to provide a comprehensive understanding of how public policy considerations can impact the recognition and enforcement of foreign arbitral awards under different legal frameworks.

Characteristics of Inclusive Web-Based Leisure Activities for Children With Disabilities: Qualitative Descriptive Study.

The participation of children with disabilities in leisure activities is a key determinant of their physical and mental health. The COVID-19 pandemic has limited participation in leisure activities for all children, particularly those with disabilities. As a result, children with disabilities may be less active while feeling more isolated and stressed. Web-based communities and activities have become increasingly important. Understanding how web-based activities include or exclude children with disabilities can contribute to the development of inclusive communities that may support participation after the pandemic. This study aimed to identify factors that may facilitate or prevent the participation of children with disabilities in web-based leisure activities. We adopted a qualitative descriptive interpretative methodology and conducted interviews with 2 groups of participants: service providers offering inclusive web-based leisure activities and parents of children with disabilities who have engaged in web-based leisure activities during the COVID-19 pandemic. A semistructured interview format was created based on the Theoretical Domains Framework. The questions focused on the description of the web-based activities offered by the service provider (eg, age range, frequency, cost, target population, and type of activity offered) and any adaptations to make the web-based activity accessible to children and youth with disabilities, and their perceptions and beliefs about what supported or deterred participation in the activities. A total of 17 participants described their experiences in participating in and creating web-based leisure programs and the factors preventing or facilitating children's participation in web-based activities. Environment and context factors included accommodations, the format of activities and the web-based setting, stakeholder involvement, and materials and resources available. Activities that had flexible schedules, both recorded and live options for joining, and that provided clear instructions and information were perceived as more accessible. Beliefs involved the characteristics of the child and the family environment, as well as the characteristics of the organizations providing the activity. Activity facilitators who were familiar with the web-based environment and knew the specific characteristics of the child facilitated their participation. Engagement in community champions and respect for children's individual preferences were perceived as positive. Access to technology, funding, and caregivers' ability to facilitate child engagement are crucial factors that must be considered when offering web-based programs. Web-based environments offer an accessible and safe option for leisure participation when public health conditions prevent children with disabilities from participating in in-person activities. However, to make web-based activities accessible to children with a variety of disabilities, there needs to be a clear plan toward universal web-based accessibility that accounts for individual needs and collective approaches to web-based leisure. Future work should consider developing and testing guidelines for web-based accessibility, equity, public policy, and programming considerations in offering these activities for all children.

The role of radio in community engagement in the UAE: The case of the “Direct Line” program

This study examines the role of Sharjah Radio as a medium of community engagement and development, focusing on the case of the Direct Line program. It seeks to investigate the extent to which the station and its prime show (the Direct Line program) contribute to building and enacting public opinion and awareness in the Emirates of Sharjah and UAE in general, and eventually to social and economic development. It also aims to study community participation and audience involvement in the Direct Line program. Drawing on the development communication theory, concepts of participatory communication, and community engagement, the study uses a quantitative research method, namely a survey. A sample of around 300 Emirati citizens (adult males and females) living in the city of Sharjah was selected using the convenience sampling method. The study concludes that Sharjah Radio’s Direct Line program effectively contributes to community engagement and participation in the Emirate’s efforts to produce a positive change in the local society. The findings indicate that the program is successfully involving its audiences in proposing issues for public discussion and policy decision and consideration.

Residues of Legume AG41 Peptide Crucial to Its Bio-Insecticidal Activity

Currently, crop protection relies heavily on chemical treatments, which ultimately leads to environmental contamination and pest resistance. Societal and public policy considerations urge the need for new eco-friendly solutions. In this perspective, biopesticides are effective alternatives to chemical insecticides for the control of various insect pests. Legumes contain numerous insecticidal proteins aimed at protecting their high nitrogen content from animal/insect predation. Investigating one such protein family at genome scale, we discovered a unique diversity of the albumin 1 family in the (model) barrel medic genome. Only some members retained very high insecticidal activity. We uncovered that AG41 peptide from the alfalfa roots displays an outstanding insecticidal activity against several pests such as aphids and weevils. Here we report the 3D structure and activity of AG41 peptide. Significant insights into the structural/functional relationships explained AG41 high insecticidal activity. Such observations pave the way for the development of bio-insecticides, with AG41 peptide as the lead compound.

Overriding Mandatory Rules Applicable to International Sales of Goods: Evidence from South Africa

In private international law of contract, the law regulating the rights and obligations of contracting parties may (whether objectively determined or chosen by the parties), in some instances, be limited by either public policy considerations or other relevant mandatory rules. In this regard, the public policy and the overriding mandatory rules of three places – that of the forum state, the applicable law (if different from the lex fori) and the law of the place of performance (or a third state with relevant connection to the contract) – have been considered by both jurists and scholars as being important. However, this article is limited to matters concerning choice of law rules on overriding mandatory provisions (but not public policy considerations). This article assesses the various private international law rules utilised by the South African courts in ascertaining which overriding mandatory provisions must apply to international contracts for the sale of goods. The aim is to adopt a general private international law of contract rule that effectively addresses the difficulty in determining the state, whose overriding mandatory provisions may legitimately claim application over certain relevant issues in international sales contracts. To this end, the article considers the general application of the overriding mandatory rules of the forum and that of the applicable law state (lex causae) to determine if these laws may legitimately by applied to contracts as it is practiced by some courts. Thereafter, the article considers the application of the overriding mandatory rules of the place of performance (locus solutionis) or other relevant third states and demonstrate that it is the overriding mandatory provisions of “a relevant state” that may legitimately derogate the application of certain provisions of the proper law of an international contract.

Are we there yet? A look at the remaining questions on physician-assisted suicide and physician-administered euthanasia

The research examines the common law to determine whether physician-assisted suicide and physician-administered euthanasia are lawful. In doing so, it establishes that these practices meet the definition of murder. The research then determines the underlying rationale for the common law and concludes that the prohibition against deliberate killing is the cornerstone of our law and social relationships. In order to determine whether the current position follows the logic of the common law, there is a discussion of how the prohibition against intentional killing has evolved over time. It is shown that the law has been at pains to protect life and that assisting another person to kill themselves for whatever reason has never been lawful under the various sources of our common law. Finally, it considers whether the current position is in line with the spirit of the Constitution. In doing so, regard is had to the values of ubuntu, human dignity and the advancement of human rights and freedoms. Although the research argues that the prohibition is consistent with the spirit of the Constitution, it recognises that these practices involve compelling policy considerations pointing in opposite directions. It may well be that current public policy considerations do not chart the path of common law development with sufficient clarity for the courts to intervene. The reason for this is there are few matters more sensitive and challenging than those which concern deliberate decisions to end life, either by providing persons with the means to commit suicide or by actively taking steps that end life on request. Therefore, the legislature may be the proper engine for legal development.

Smart contract disputes and public policy in the ASEAN+6 region

Smart contracts provide some benefits, such as better facilitation for contracting parties to monitor performance of their obligation and reducing the cost spent monitoring the contract. However, it is critical to understand various limitations of this concept as well as many legal and public policy uncertainties around it. Given the non-existence of an “universal rule” that governs smart contracts, the issues vary from jurisdiction to jurisdiction. The article applies comparative legal method to analyse the legal regulation of smart contracts in ASEAN+6 countries as well as the leading jurisdictions in the sphere of implementing digital technologies in the economy. Due to public policy considerations, there are different scenarios of smart contract development. The possible outlook is that ASEAN+6 countries would not accept smart contract as contract, cryptocurrency as property, and/or enforcing foreign awards that relate to smart contract disputes and/or cryptocurrency. Another possible way out of the deadlock is to govern relations under smart contracts by the UNIDROIT Principles. However, if the parties do not opt for such a solution, the determination of the applicable law will be left to the relevant conflict-of-laws rules with all of the uncertainties. Therefore, the author suggests that supranational laws is the better path for avoiding uncertainties in smart-contractual relationships.

Investigating gender differences in housework and religion in marital conflict in Cameroon

This article presents the findings of a study that measured the extent gender differences in division of housework and religion affected marital conflict in Bamenda, Cameroon. There is extant literature on the general causes of marital conflict from Western studies, such as use of drugs, alcohol, physical and verbal abuse, income, unequal distribution of housework and infidelity, but there is a gap in the body of knowledge for Cameroon, Africa. Studying this phenomenon was of interest because it has been asserted that gender inequality is institutionalised in Cameroon. Rational choice theory (RCT) is used to analyse the phenomenon. Analysis of variance (ANOVA) was used to analyse the quantitative data. A total of 180 participants completed the questionnaires. The findings revealed that there is no statistical difference between the wife doing all the household chores and marital conflict; equally, there is no statistical difference between the wife’s practice of religion and marital conflict. The findings of this study provide new data that could be used to inform public policy, and support educators, religious ministers and practitioners in conflict management. Recommendations are suggested for public policy consideration.

Impact of COVID-19 restrictions on the postpartum experience of women living in Eastern Canada during the early pandemic period: A cross-sectional study.

To (1) compare changes in parenting self-efficacy, social support, postpartum anxiety, and postpartum depression in Canadian women before and during the early COVID-19 pandemic; (2) explore how women with a newborn felt during the pandemic; (3) explore ways that women coped with challenges faced. A cross-sectional design was used. Prior to the pandemic, an online survey was conducted with women who an infant 6 months old or less in one of the three Eastern Canadian Maritime provinces. A similar survey was conducted during the pandemic in mid-2020. Pre-COVID, 561 women completed the survey, and 331 women during the pandemic. There were no significant differences in parenting self-efficacy, social support, postpartum anxiety, and depression between the cohorts. Difficulties that women reported because of COVID-19 restrictions included lack of support from family and friends, fear of COVID-19 exposure, feeling isolated and uncertain, negative impact on perinatal care experience, and hospital restrictions. Having support from partners and families, in-person/virtual support, as well as engaging in self-care and the low prevalence of COVID-19 during the summer of 2020 helped women cope. Women identified challenges and negative impacts due to the COVID-19 pandemic, although no differences in psychosocial outcomes were found. Consideration of public health policy during the postpartum period for the ongoing COVID-19 pandemic is needed. While there were no significant differences in psychosocial outcomes, there were still challenges and negative impacts that women identified.

The predicaments of environmental impact assessment (EIA) for transport infrastructure: an examination of policy stagnation and progress

PurposeEnvironmental impact assessment (EIA) for transport infrastructure should consider geological constraints, legislative regulations, public policy and other strategic considerations. These strategic considerations and constraints that are often seen as the most challenging issues facing transportation planners are critically reviewed. Subsequently, this study aims to evaluate the enviromnetal impacts of civil transport infrastructure.Design/methodology/approachUsing a mixed-method approach, this study examines the EIA and environmental impact statement (EIS) dimensions of transportation infrastructure.FindingsThrough the development of the EIA and EIS policy framework for transport infrastructure, this paper found that to better enhance the EIA and to effectively calculate various indicator variables, a hybrid approach to the method, known as input–output analysis (IOA), needs to be adopted. Knowing that a feasible cost breakdown is usually available within projects, it can be concluded that it is plausible to add an input–output (I–O) model into an existing EIS to obtain results not only for on-site effects but also for off-site effects. Moreover, some of the benefits of implementing a hybrid IOA can significantly improve the completeness of any conventional EIS for a range of quantifiable indicators, improve the ability to rank alternative options and provide a valuable overview of indirect impacts to be used for streamlining the EIA audit. For these reasons, input–output techniques could be incorporated as optional elements into the EIA standards.Practical implicationsWith input from the Australian Bureau of Statistics and national I–O tables of the industry sector, this research was able to determine that indirect effects within transport projects are not being considered for what they are worth. This enables us to answer key questions dealing with the effects of EIAs on the transportation sector. This, in turn, can assist with planning through the commissioning of such projects.Originality/valueThe I–O model introduced in this paper will ultimately lead to better incorporation of various environmental elements. The findings of the paper can thus assist transportation planners in better aligning environmental impacts with EIA. This, in turn, can result in improvements in the completeness of any conventional EIS, enhance the ability to rank alternative options and provide a valuable overview of indirect impacts to be used for streamlining the EIA audit.

Block Exemption Regulations and Public Policy: in The Defence of BERS

AbstractThis article defends Block Exemption Regulations (‘BERs’) as a legitimate and effective tool for the consideration of public policy within Article 101 of the TFEU enforcement. Going against popular opinion, it argues that as the expression of a clearly defined EU-wide political consensus, BERs carry several advantages over the traditional balancing tools of Article 101(1) and (3) individual exceptions, guidelines, or balancing by the exercise of enforcement discretion. BERs offer pre-determined and transparent rules, safeguarding the independent competition authorities’ political accountability and democratic legitimacy, promoting uniformity and legal certainty, reducing compliance and enforcement costs, inviting scrutiny and debate, and fostering experimentalism and flexibility.