Public Policy Considerations Research Articles

The Expansion of Wage Theft Legislation in Common Law Countries—Should Ireland be Next?

Abstract While employment laws exist to protect workers from the unfair exploitation, evidence suggests that wage theft is a prominent practice. Wage theft has received considerable public policy attention in several common law countries leading to the introduction of new legislation on the basis that existing legal regulations were inadequate and because the effects of wage theft are particularly deleterious for low-wage workers. Wage theft though remains underexplored in an Irish policy context. This article examines whether Ireland needs stronger laws to address wage theft by assessing if existing minimum wage and working time employment legislation provide an effective remedy for workers. The analysis finds that Irish laws already contain many provisions which new wage theft laws in other jurisdictions have introduced, suggesting radically new legislation is not needed. Several features of existing laws though obstruct workers in seeking remedy for underpayments and require amendment. Changing legislation, however, will likely be insufficient for an effective enforcement regime and it must be supplemented by statutory support for collective representation and enhancing labour inspectorate capacity to act on workers’ behalf.

The Confluence of Tax Law, Administrative Law and Public Policy

In this article the author addresses the confluence of tax law and administrative law with respect to the duty to provide reasons. He further delves into the intricacies of the general sales tax (GST) regime in Belize and the public policy considerations which undergird it. The case of reference is UC Trading Company (2021). In the author’s view, this case is of great import to Caribbean businesses and tax administrators alike as it clarifies such fundamental legal principles as the duty to give reasons and the right to claim input GST credits. The case will certainly influence future interactions between businesses in Belize and the GST Department, particularly in the realm of tax assessment.

Work Product Immunity for Attorney-Created Tax Accrual Workpapers?: The Aftermath of United States v. Textron

United States v. Textron, Inc. has been a high-profile case involving the applicability of work product immunity to attorney-prepared documents known as "tax accrual workpapers." The Textron decision is worthy of careful analysis because it is the first decision at the Court of Appeals level to consider work product immunity for attorney-created tax accrual workpapers. The U.S. District Court ruled that work product immunity applied to the tax accrual workpapers, the First Circuit Court of Appeals ruled that work product immunity did not apply, and on May 24, 2010, the United States Supreme Court denied the certiorari petition in the case. Accordingly, the Textron decision is final, and it is appropriate to review the scope of work product immunity as it may apply to tax accrual workpapers. The denial of certiorari means that the lower federal courts must decide, without the benefit of Supreme Court guidance in Textron, whether work product immunity applies to attorney- prepared tax accrual workpapers.I conclude that attorney-prepared tax accrual workpapers technically do not and, as a matter of policy, should not qualify for protection as work product because of (1) the significant role of tax accrual workpapers in financial accounting and federal income tax reporting and (2) the specific statutory authority of section 7602 empowering the Internal Revenue Service (IRS) to collect information from taxpayers. I propose that courts embrace a doctrine of "tax exceptionalism" for purposes of work product immunity cases, and this doctrine acknowledges the unique public policy considerations that support effective tax administration. Permitting discovery of tax accrual workpapers raises significant fairness issues, but discovery of these workpapers is consistent with extant caselaw regarding work product immunity as well as with the purposes underlying work product immunity.

Recognition of a status acquired abroad

CJEU and ECtHR case law generally oblige the EU Member States to recognise a status acquired abroad. This report shows in detail how Austrian law complies with this obligation and how ‘recognition’ is ensured in Austrian practice. Two general observations can be made: First, public policy considerations and the recognition of foreign administrative decisions and certificates (e.g. birth certificate) play an increasingly important role. Second, whereas much attention is paid to the result, namely the (non-)recognition of a status in Austria, methodologically sound arguments and justifications are missing in practice

Pathogenomic analyses of Shigella isolates inform factors limiting shigellosis prevention and control across LMICs

Shigella spp. are the leading bacterial cause of severe childhood diarrhoea in low- and middle-income countries (LMICs), are increasingly antimicrobial resistant and have no widely available licenced vaccine. We performed genomic analyses of 1,246 systematically collected shigellae sampled from seven countries in sub-Saharan Africa and South Asia as part of the Global Enteric Multicenter Study (GEMS) between 2007 and 2011, to inform control and identify factors that could limit the effectiveness of current approaches. Through contemporaneous comparison among major subgroups, we found that S. sonnei contributes ≥6-fold more disease than other Shigella species relative to its genomic diversity, and highlight existing diversity and adaptative capacity among S. flexneri that may generate vaccine escape variants in <6 months. Furthermore, we show convergent evolution of resistance against ciprofloxacin, the current WHO-recommended antimicrobial for the treatment of shigellosis, among Shigella isolates. This demonstrates the urgent need to integrate existing genomic diversity into vaccine and treatment plans for Shigella, providing a framework for the focused application of comparative genomics to guide vaccine development, and the optimization of control and prevention strategies for other pathogens relevant to public health policy considerations.

A framework for economic performance recovery in South Africa during the Corona Virus Disease 2019 (Covid-19) pandemic

In the trajectory to protect people and ensure national security regarding the rapid spread of the Corona virus disease pandemic, restrictions measures adopted by the South African government have caused severe collateral damages to the local economy. This article aims to provide a framework for economic performance recovery while dealing with the pandemic consequences. Using primary and secondary data, the retrieved statistical model depicts that 96.90% of the COVID-19 Economic Performance Recovery’ behaviour depends on the movement of COVID-19 Banking revitalisation, COVID-19 Financial policies, COVID-19 Management Process, COVID-19 Stakeholders Involvement and COVID-19 Future perspectives since the correlation is very strong and positive with coefficients that are respectively 96.4%, 95.1%, 95.6% and 94.9%. The stakeholders’ involvement component was not significant with a p-value of .143 but its combination with other factors enhances economic performance recovery. The regression standardised residual for C19EPR with an asymmetric probability distribution characterised by a negative skewness of - .531 long left tail and the Kurtosis of -.977. For banking revitalisation, repo rate should be increased while banking regulations, loan guarantee scheme and the provisional mortgage forbearance to borrowers initiated with the pandemic should be suspended. Structural reforms should be implemented to sustain the implementation of the recovery plan namely the restructuration of trade policies and lowering barriers entry for business movements, supporting labour-intensive sectors like agriculture and tourism for inclusive growth and catalysing education and skills development. National and global pandemic -related stakeholders should be improved to support direct fiscal support and government guarantee schemes in addition to measures to provide liquidity to banks markets, alleviate US Dollar funding shortages. As part of the future perspectives to mitigate the pandemic issues, government should systematically monitor market price increase, and reduce exceptions for public policy considerations. In overall, recovery of economic performance in South Africa will depend on the GDP improvement and an increase of the repo rate. Furthermore, standard local issues like incessant trade disruptions, business declines, unemployment, drop of government revenues, orientated national funding and poverty increase should be improved as well. However, South African government only has to observe decentralised and implement international policies defined in the settings of the pandemic.

Development of inclusive education in preschool education

In our nation, public policy consideration is given to the educational system. The organization of an effective preschool education system, the introduction of effective forms and methods of education, and training in the educational process have all been the subject of extensive work over the past few years with the goal of bringing the growing generation in our nation to a healthy and mature age. The research conducted also shows the need to address concerns with attracting qualified pedagogical and administrative staff to the sector, fill preschool institutions with contemporary educational and methodological resources, and ensure that children are covered with preschool education. This article provides feedback and feedback on the development of inclusive education in preschool education.

Good Faith is not Dead: It still Lives after Beadica 231 CC v Trustees, Oregon Trust

In Beadica 231 CC v Trustees, Oregon Trust, the Constitutional Court provided much-needed clarity on the role of equity principles (fairness, reasonableness and good faith) in contracts, in that the abstract principles found in equity principles will not apply directly to contractual engagements but will apply indirectly by means of public policy considerations. This article illustrates that this default position, as articulated by the Constitutional Court, does not completely exclude good faith in contractual engagements. In fact, good faith is infused in the entire contract lifecycle, starting from negotiation and presenting itself even in certain remedial action. In addition, there are a number of exceptions to the default position in that equity principles can be established by means of express incidentalia (in the form of good faith clauses), and could even be imported ex lege in consumer contracts by means of the Consumer Protection Act 68 of 2008. It can therefore be said that the operation of equity principles, such as good faith, in South African contractual engagements is neither dead nor obsolete. Rather, good faith has survived the Constitutional Court’s decision and continues to manifest itself in different ways in contracts reaffirming the place of good faith as a cornerstone principle in the operation of the law of contract.

Contentious Issues and Future Directions in Adolescent Gambling Research.

Background. There is currently considerable public policy and regulatory interest in the nature and prevalence of underage gambling. Research in this area has purported to show that adolescents are at elevated risk of problem gambling and that early exposure to gambling or gambling-like activities could be a potential precursor to future harm. Method. In this commentary, we provide a critical appraisal of these arguments with reference to major studies in the field of gambling studies. It is argued that adolescent gambling research is a contentious area. Some questions remain concerning the validity of adolescent problem gambling measures, the strength of the association between adolescent and adult gambling and the impact of simulated gambling activities. Results. The paper summarises the conceptual and methodological issues that should be considered and addressed in future studies to strengthen the validity of research in this area. Conclusion. The paper encourages the greater use of harm-based measures, longitudinal and individual-level transition analyses and questions that capture the influence of activities rather than just their temporal sequencing.

End User Accounts of Dark Patterns as Felt Manipulation

Manipulation defines many of our experiences as a consumer, including subtle nudges and overt advertising campaigns that seek to gain our attention and money. With the advent of digital services that can continuously optimize online experiences to favor stakeholder requirements, increasingly designers and developers make use of "dark patterns"-forms of manipulation that prey on human psychology-to encourage certain behaviors and discourage others in ways that present unequal value to the end user. In this paper, we provide an account of end user perceptions of manipulation that builds on and extends notions of dark patterns. We report on the results of a survey of users conducted in English and Mandarin Chinese (n=169), including follow-up interviews from nine survey respondents. We used a card sorting method to support thematic analysis of responses from each cultural context, identifying both qualitatively-supported insights to describe end users' felt experiences of manipulative products and a continuum of manipulation. We further support this analysis through a descriptive analysis of survey results and the presentation of examples from the interviews. We conclude with implications for future research, considerations for public policy, and guidance on how to further empower and give users autonomy in their experiences with digital services.

The Rule of Climate Policy: How Do Chinese Judges Contribute to Climate Governance without Climate Law?

AbstractChina's climate governance is distinguished by the contrast between an abundance of policies on climate change and the lack of legally binding laws. This article argues that Chinese courts bridge this difference, which fosters a ‘rule of climate policy’ rather than a strict rule of law. The effective authority of Chinese climate policy is made possible in practice both by provisions of the Chinese Constitution and the prevailing use of legal reasoning. China's constitutional design of ‘ecological civilization’ delegates the duty and the power of managing climate change issues to the executive branch of its government. Most Chinese documents on climate governance have no binding legal force, which means, according to positive law, that they cannot serve as legal grounds for judicial decisions. Chinese judges, in deciding climate-related disputes, must combine legal provisions and non-binding materials to achieve regulatory goals. They use non-legal materials to support statutory or contractual interpretations and determine the existence or limits of rights, which alters the meaning and scope of existing legal terms and principles. This rule of climate policy is possible in the courtroom because judges justify public policy considerations with arguments of principle that are substantiated in various non-binding climate plans.

Public Policy Considerations for Building an Equitable Clean Energy Workforce

Public Policy Considerations for Building an Equitable Clean Energy Workforce

Physical health conditions of the Amish and intervening social mechanisms: an exhaustive narrative review

ABSTRACT As an ethnic religion, the Amish are of interest to population health researchers due to a distinctive health profile arising from ethnic attributes, including a closed genetic pool and shared culture that shapes lifestyle practices. Amish-focused health research both furthers our knowledge of health conditions by comparing Amish with non-Amish and assists health practitioners in serving this rapidly growing population. Amish health research, now representing approximately a quarter of all Amish-focused publications, is in need of review, to the end of strengthening this knowledge body’s coherence, clarifying research directions, and identifying knowledge gaps, lapses, and stagnations. Herein, we synthesize and discuss Amish physical health conditions research, both the population’s distinctive health profile and mechanisms shaping this profile. Specifically, we summarize research addressing BMI, physical activity, and body image; diet and supplements; cancer; cardiovascular conditions; communicable diseases; immunity; sleep; genetic disorders; tobacco and alcohol use; periodontal conditions; traumatic injuries; natural treatments for burns; fertility; and sexually transmitted diseases. In reflection, we raise questions about the nature of intervening mechanisms shaping the Amish health profile, the strange omission of several common independent variables commonly used when studying other ethnic groups’ health, several recurring methodological complications, and public health policy considerations.

Comedores preescolares y escolares. Guías, recomendaciones y normativa en España

An appropriate diet in childhood is essential for suitable growth and development, but it is also essential for preventing the development of non-communicable diseases in later stages. The School stage is fundamental. A significant proportion of students in Spain make use of the school lunch. We review the current situation in Spain, as well as public policy on school lunch and a nationwide review of specific legislation on each Autonomous Community. National public policy and specific considerations in every Autonomous Community were reviewed. Only considerations on the composition of the school menu were considered. There are relatively recent state regulations but on school lunch menus also specific to each Autonomous Community. In general, and within a certain heterogeneity, they refer to the distribution of the diet and foods to be restricted. They usually provide guidelines, examples of daily menus, and graphic representations. Regarding school menus, there is a trend towards improvement in nutritional adequacy, but there is still room to improve. There are certain aspects related to the best solutions yet to be elucidated: management model, type of supervision, sustainability and local consumption, as well as school lunch schedules. The nutritional contributions made in the school canteens are qualitatively and quantitatively important. In addition, it must fulfill educational and social equity functions. Although these concerns address specific recommendation in every Autonomous Community, there is huge heterogeneity on practical implementations.

知识产权国际投资仲裁中的公共政策考量 (Public Policy Considerations in Intellectual Property-Related International Investment Arbitration)

Chinese Abstract: 在国际投资仲裁案件菲利普·莫里斯烟草公司（Philip Morris）诉乌拉圭案中，仲裁庭驳回了菲莫关于乌拉圭的反吸烟立法侵占了烟草公司商标的主张。仲裁庭在裁判说理中，大体上遵从了乌拉圭为减少烟草公司的经营活动以增强公共卫生的政策决定。菲利普·莫里斯诉乌拉圭案提出了这样一个问题，即除了公共卫生之外，法庭还应考虑其他一些公共政策考虑因素，例如促进外国投资和保护知识产权。本文探讨了“公共政策”的概念，以及与知识产权相关的投资仲裁法律制度也即知识产权法、世界贸易组织法以及国际投资法是如何处理公共政策方面的问题的。本文还回顾了与知识产权相关的投资仲裁案件例如菲利普-莫里斯诉乌拉圭（Philip Morris v. Uruguay）、礼来公司诉加拿大（Eli Lilly v. Canada）以及普利司通诉巴拿马（Bridgestone v. Panama）案件之中的公共政策考量。 English Abstract: In the investment arbitration Philip Morris v. Uruguay the arbitral tribunal rejected Philip Morris’ claim that Uruguay’s anti-smoking legislation expropriated the tobacco company’s trademarks. In its reasoning, the tribunal largely deferred to Uruguay’s policy decision to curtail tobacco companies’ business operations for the purpose of enhancing public health. Philip Morris v. Uruguay raises the question of whether there are, apart from public health, other public policy considerations which the tribunal should have given more weight to, e.g. the promotion of foreign investment and the protection of intellectual property (IP). The chapter explores the concept of ‘public policy’ and how IP law, WTO law and international investment law, i.e. the legal regimes relevant to IP-related investment arbitration, deal with public policy considerations. The chapter also reviews the handling of public policy considerations in the IP-related investment arbitrations Philip Morris v. Uruguay and Eli Lilly v. Canada, as well as Bridgestone v. Panama.

School lunch menus in Spain. A review on recommendations and policy

IntroductionAn appropriate diet in childhood is essential for suitable growth and development, but it is also essential for preventing the development of non-communicable diseases in later stages. The School stage is fundamental. A significant proportion of students in Spain make use of the school lunch. We review the current situation in Spain, as well as public policy on school lunch and a nationwide review of specific legislation on each Autonomous Community. Material and methodsNational public policy and specific considerations in every Autonomous Community were reviewed. Only considerations on the composition of the school menu were considered. ResultsThere are relatively recent state regulations but on school lunch menus also specific to each Autonomous Community. In general, and within a certain heterogeneity, they refer to the distribution of the diet and foods to be restricted. They usually provide guidelines, examples of daily menus, and graphic representations. Regarding school menus, there is a trend towards improvement in nutritional adequacy, but there is still room to improve. There are certain aspects related to the best solutions yet to be elucidated: management model, type of supervision, sustainability and local consumption, as well as school lunch schedules. ConclusionsThe nutritional contributions made in the school canteens are qualitatively and quantitatively important. In addition, it must fulfill educational and social equity functions. Although these concerns address specific recommendation in every Autonomous Community, there is huge heterogeneity on practical implementations.

THE POLITICAL OF LAW TO THE GOVERNMENT POLICY ABOUT REMISSION

The law refers to a rule of life in accordance with the ideals of living together and the principles of justice. The content of the rule of law should be fair. Without justice, law is only formalized violence. The law is felt to be important when dealing with injustice. Through a political perspective, law is viewed as a product or output of a political process or the result of consideration and formulation of public policy. However, besides law as a product of political consideration, there is political law which is the basis or basis of policy for determining the laws that should apply in the state. As mandated by the Constitution, one of which produces a remission regulation, Remission is essentially the right of all prisoners and applies to anyone as long as the prisoner is serving a life sentence. The problem that arises is that the application of remission requirements is not in accordance with the expected objectives. Thus, the purpose of this study is to determine the implementation of remittances in Government Regulation Number 99 of 2012 concerning Terms and Procedures for the Implementation of the Rights of the Convicted; and analysis of Political Law and Government Policy on Remissions in Government Regulation Number 99 of 2012 concerning Remissions in Article 34A seen from Article 34. This type of research is qualitative using secondary data. The research results are if we look at the corners of the hierarchy of the laws and regulations stipulated in Article 7 of Law Number 12 of 2011 concerning the Establishment of Legislative Regulations, then the provisions for granting the remission of corruptors in Government Regulation Number 99 of 2012 are contrary to Article 5 of the Law on Corrections. This is because the substance contained in Article 34 Paragraph (1) a and b of this Government Regulation is a new norm that is contrary to the philosophy, objectives, vision and mission of the Law on Corrections itself which prohibits discriminatory treatment and treatment of prisoners.

Lessons from the US: Arbitrability of oppression and mismanagement in India

The present paper delves into an often-discussed question, whether oppression and mismanagement disputes are arbitrable. Public policy concerns are cited as the primary reason for justifying the non-arbitrability of oppression and mismanagement disputes. However, while offering such an argument, what needs to be considered is whether an allegation of oppression and mismanagement in itself amounts to oppression and mismanagement and thereby pushing the tribunal to give up its jurisdiction (which is perverse and completely against the principles of competence–competence). In this paper, a thorough analysis of the concept of arbitrability has been undertaken where arguments beyond the notion of arbitrability being limited to public policy considerations have been explored. The research specifically focuses upon how arbitrability grew in terms of a tribunal’s power vis-a-vis à statutory remedy (courts), by looking at the growth of antitrust and securities transaction disputes in the United States of America.

Economic contributions of fisherwomen in Pulicat lake for public policy considerations

Economic contributions of fisherwomen in Pulicat lake for public policy considerations

Effect of a health education program on puberty knowledge among visually impaired female adolescent students.

Background: One of the most important aspects of life is reproductive health, which receives less attention in public policy considerations because of its sociopolitical sensitivities. The aim of this study was to evaluate the effect of a designed health education program on knowledge about puberty health among visually impaired female adolescent students during 2011 and 2015. Methods: This quasi-experimental study was conducted on 100 visually impaired female students aged 10 to 19 years. Data collection tool was a researcher-made questionnaire. Participants were recruited using convenience sampling method from Narjes educational center in Tehran. The educational needs assessments survey was used to learn about important issues and problems faced by this group to design effective educational programs. The effectiveness of the designed program was assessed by comparing the students' knowledge at the baseline and at 1-month follow-up. Data were analyzed in SPSS V.21 by using parametric descriptive statistics. The significant level was set as p<0.05 Results: The results showed that the puberty knowledge of participants was increased in all educational domains after intervention compared to the baseline (p<0.05). The knowledge about the onset of puberty changes showed the highest increase (from 2.02 at baseline to 7.51 at follow-up) and the knowledge about personal hygiene had the least change after the intervention (from 6.67 to 8.23). The majority of students did not have any information resources regarding puberty health, and about one quarter of them reported their mother as the main resource of puberty information. Conclusion: Providing educational programs during puberty has a crucial role in young girls’ knowledge increase. Providing a continuous health educational program that is tailored to the needs of this group of students using suitable strategies is recommended.