State Legislatures Research Articles

Protection of consumer rights in the practice of the EU court

Introduction. The paper highlights the issues of implementation of consumer protection mechanisms at two hierarchically subordinate levels – international and national. It is given the generalization of separately analyzed cases illustrating the proper practical implementation of consumer protection at the level of the EU Court of Justice. It is provided a generalized view of how theoretical consolidation of the rules meets the requirements of the present. The purpose of the paper is to present the practical results of the analysis of the European consumer protection system at the supranational and national levels of the EU. To do so, the following tasks need to be accomplished: to define the legislative regulation of European consumer policy and its basic principles, to outline the procedure for legislative regulation of consumer issues by the EU supranational institutions, to analyze the case law of the EU Court of Justice and to identify further trends in legal regulation in this area. Results. It is emphasized that it is the European Union that serves as a priority for the national systems of its member states. It is found that the States clearly follow the principles enshrined in certain Directives, but often face difficulties in interpretation, since not all the rules have been implemented in accordance with the fluidity of the modernized world, and therefore there is a need to apply to the Court of Justice of the European Union for a broader explanation. Despite certain difficulties, new mechanisms are increasingly being introduced to ensure the effectiveness of consumer protection at the international level. In particular, the doctrinal positions of individual scholars play an important role, which, in turn, are implemented in practice. Conclusion. It is noted that it is important to harmonize the national legislation of the Member States and the European legislation, since only then can the consumer protection sphere be properly regulated. In general, it is noted that the issue of building and maintaining consumer confidence in the market is a key one for European consumer policy. It cannot be ensured in the presence of unfair, aggressive and openly fraudulent trade practices, so the system must have a sufficient range of effective tools, both state and non-state, to prevent them.

The political economy of education: Politician criminality and higher education institutions

This paper establishes the links between politician criminality and higher education provision by studying the causal impact of electing leaders with accusations of serious crimes on the opening of new publicly funded colleges in India. Using a regression discontinuity design with close elections between candidates accused of serious crimes and candidates not accused of serious crimes, I show that constituencies represented by state legislature members accused of serious crimes are less likely to witness openings of new state government funded colleges. Further, this effect is not compensated by openings of new private colleges. This negative impact is higher for constituencies with representatives aligned with the party governing at the state level, confirming the notion that access to power is essential for the ability to influence provision of higher education institutes. Finally, this study provides suggestive evidence that such lower provision of state government colleges is most likely to impact the lowest income groups in society.

NETWORK APPROACH IN SOCIAL ENTREPRENEURSHIP:PRELIMINARY RESULTSOF EMPIRICAL RESEARCH

The purpose of this article is to illustrate the possibilities of using network approach in social entrepreneurship as one of the key tools for the sustainability of social enterprises. The authors first consider the approaches to determine the nature of social entrepreneurship in general, as well as the prerequisites for applying network approach in social entrepreneurship in particular. Such a preliminary theoretical review is important, since despite the popularity of the concept “social entrepreneurship”, at the same time we observe great uncertainty and fragmentation in the theory of social entrepreneurship, in matters of legislative regulation and state support in this area. Defining the essence of social entrepreneurship through the prism of institutional analysis is most relevant, since it is an approach that makes it possible to correlate the benefits and costs of a particular form of organization at a fundamental level, to cover the phenomenon at large, and not just individual manifestations of its features. The effectiveness of the application of the network approach in various forms of organizations has long been proven both in the new institutional economic theory and in various management concepts. The application of network approach in social entrepreneurship is also relevant. The article considers certain implications in applying this form of organization of economic interaction in the field of social entrepreneurship. The paper presents the results of an empirical study conducted in February-April 2022 among Russian entrepreneurs while preparing for the interregional expert session «Entrepreneurial networks as a factor in the sustainable development of the territory». The survey conducted by the method of questioning, including closed and open questions involved 115 people from 30 regions of Russia - owners and founders of small and medium-sized businesses. The paper concludes with presenting possible ways of applying the results of empirical research for the development of network forms of organization in social entrepreneurship.

Correlation between International Regulations and Domestic Regulations in the Field of Human Rights and Freedoms

Abstract The correlation between international regulations and domestic regulations in the field of human rights and freedoms” analyses the relationship and mutual impact between international human rights norms and standards and the domestic legislation of the States. The paper investigates the importance and ways in which international regulations influence and are implemented in the domestic legislation of States to ensure the protection and observance of human rights. First of all, States have to pass appropriate domestic legislation to implement and give practical effect to international human rights norms and standards. This means that domestic regulations must be consistent with States’ international obligations and ensure the protection and respect of human rights at a national level. Secondly, international human rights regulations can serve as instruments for interpreting and applying domestic law. States can use international standards as references for interpreting and applying their domestic laws, thereby ensuring that human rights are duly observed and protected.

CHORUS: A New Dataset of State Interest Group Policy Positions in the United States

Abstract Research on the activities and influence of interest groups in state legislatures faces a data problem: we are missing a comprehensive, systematic dataset of interest groups’ policy preferences on state legislation. We address this gap by introducing the Dataset on Policy Choice and Organizational Representation in the United States (CHORUS). This dataset compiles over 13 million policy positions stated by tens of thousands of interest groups and individuals on bills in 17 state legislatures over the past 25 years. We describe the process used to construct CHORUS and present a new network science technique for analyzing policy position data from interest groups: the layered stochastic block model, which groups similar interest groups and bills together, respectively, based on patterns in the policy positions. Through two demonstrative applications, we show the utility of these data, combined with our novel analytical approach, for understanding interest group configurations in different state legislatures and policy areas.

SAFETY OF TETRACYCLINES FOR PUBLIC HEALTH AND THE ENVIRONMENT

Antimicrobial veterinary medicinal products of the tetracycline class have been most widely used for many years in the veterinary practice, both in Ukraine and in European countries, the USA, Canada, etc. Teteracyclynes have a wide-spectrum activity against gram-positive and gram-negative microorganisms, rickettsia, mycoplasma, chlamydia and protozoan parasites and are successfully used for the treatment of infectious diseases of the gastrointestinal tract, respiratory organs, skin and urogenital infections. Antimicrobial veterinary medicinal products of this class belong to AMEG category D, which is the safest in terms of impact on public health. Tetracyclines are low cost agents, are not high toxic when used in animals, which justifies their frequent choice for empirical treatment. During the monitoring of sales volumes for 2016-2021, antimicrobial veterinary medicinal products of the tetracycline class occupied the largest share among all antimicrobials entering the market in Ukraine (25.9-39.4)%. Most frequently, these veterinary medicinal products are intended for oral administration, but since their low bioavailability (5-15)%, they are excreted from the body almost unchanged. However, there is a danger of the development of tetracyclines resistance and a hazard to the environment and public health, which is explained by the frequent use of this class substances, the permission of large amounts into the soil with manure and water following drinkers washing after the treatment. Tetracyclines are poorly metabolized, and their long-term use in veterinary practice contributes to the bioaccumulation of significant amounts in soil and water. The main goal of this study were the analysis of veterinary medicinal products containing tetracyclines which were authorized in Ukraine by the category of active substances and route of administration. Another problem of this article was to substantiate the impact of tetracycline class antibiotics on the environment and the acquired antimicrobial resistance in the view of the necessity of their reasonable and safety use for the animals treatment, taking into account the requirements of the current legislation in Ukraine and EU member states. The results of the study proved that antimicrobial veterinary medicinal products containing chlortetracycline, mainly for oral administration, prevail in Ukraine. The bias of this monitoring is the lack information on the volumes of their use in farms and for individual animal species. Although the tetracycline class antibiotics do not belong to persistent bio accumulative toxic substances (PBT), their long-term and widespread use causes concern in view of the possible acquiring antimicrobial resistance and harmful effects on the environment, which will have an impact on public health. It is necessary to introduce regulatory measures to limitation and optimal use of these compounds in veterinary medicine. It is also necessary to deliver information among stakeholders about the possible negative impact on the environment and plan activities to prevent the development of acquired antimicrobial resistance to the tetracycline class antibiotics.

Temporary placement of a child in the family of an actual caregiver as a from of children`s placement

Ensuring the rights and well-being of the child is one of the main priorities of modern society. As Ukrainian and foreign legislation states that every child has the right to a family. However, due to different life circumstances, unfortunately, not every child has the opportunity to live in a family with their parents. That is why the question arises, how to ensure the realization of all the rights of a child who has lost his parents, or whose parents have given up their child. In this way, the institution of placement of a child was born. To date, Ukrainian legislation distinguishes such forms of placement of children as foster family, guardianship and care, adoption, family-type orphanage, placement in the family of relatives, acquaintances. All of these forms of placement have a clear procedure for placing a child in a family and a legal mechanism for regulating the rights and responsibilities of the person who took the child into their family, as well as the rights and responsibilities of the child. Each case of placement of children is unique and requires a specialized approach taking into account specific situations, circumstances and needs of the child. However, one form of placement should be singled out, such as placement of a child in the family of an actual caregiver. It is this form that has shown itself to be the most unexplored and at the same time convenient, first of all for a child. However, the problem of legislative implementation of temporary placement of a child by the actual guardian remains unsolved, since the existing legislation quite briefly describes the mechanism of such placement. This form of placement requires clear regulation from the side of the legislation, because the legal mechanism of placement of a child in the family of an actual tutor, the rights and obligations of the actual tutor and the pupil himself need to be researched. The article examines the advantages and disadvantages of such a temporary form of placement of a child as placement in the family of an actual tutor.

Legislative Watch: State legislative bills

The following bills are being considered or have passed in the state legislature. To express your support or opposition, contact your senator or representative.

International Legal Regulation of Activities of States in the Great Mediterranean Region

INTRODUCTION. In modern international and domestic maritime law, regional fragmentation of legal regulation is becoming more and more noticeable, which, in turn, objectifies and actualizes the formation of complex arrays of legal norms, united by the consistency of the political and legal positions of the contracting states that have national interests in the relevant water area, primarily-coastal states extending their state sovereignty to certain areas of maritime space. In this context, the Greater Mediterranean region should be considered as one of the most important in the world merchant shipping and naval support of international peace and security, as a basin that optimally connects the Atlantic and Indian Oceans from the point of view of logistics, which requires the formation of an appropriate scientific and methodological basis for full implementation of the fundamental principle of international cooperation in the maritime policy of the states of the region.MATERIALS AND METHODS. To substantiate the expediency of singling out the Greater Mediterranean as an independent object of legal regulation, general and special international legal treaties, the domestic legislation of the Mediterranean states, as well as political and legal documents indicating the existence of certain disputes and situations around certain zones of the Mediterranean water area, primarily – in the Eastern Mediterranean region. To obtain reliable and substantiated results of the study, methods of scientific knowledge were used: formal-legal, logical, historical-legal, system-structural analysis. Thus, the formal legal method made it possible to clarify the content and meaning of international legal treaties concluded at different times and aimed at regulating public relations in the maritime sphere. The logical method made it possible to substantiate the need for comprehensive international cooperation of the coastal states of the Greater Mediterranean. With the help of the historical and legal method, an overview was made of both the world, Soviet and Russian practice of applying the norms of domestic and international law on issues related to ensuring international law and order in the Greater Mediterranean region. The logical method made it possible to build the necessary connections and patterns of development of international legal regulation in the Greater Mediterranean region in the general context of ongoing universal and regional political and legal processes and transformations. Using the method of system-structural analysis, it was possible to display a holistic picture of law-making and law enforcement of the Mediterranean states, aimed at the formation of unified principles and norms for the exercise of the sovereign rights of coastal states.RESEARCH RESULTS. International maritime merchant shipping seems to be a very complex area of public relations with a large number of entities that have different legal status and, accordingly, are related to each other in a very different way.DISCUSSION AND CONCLUSIONS. This work is devoted to the study of the main trends in the development of the Greater Mediterranean region in terms of formulating key international legal guidelines and rules of conduct for its constituent states. The object of the study is the legal relations carried out in the maritime spaces of the Greater Mediterranean as one of the key regions, which, along with its economic and political significance, is an integral zone for the implementation of the national interests of the Russian Federation, extending to the entire World Ocean.

International Legal Approach to Understanding Energy Diplomacy

INTRODUCTION. The relevance of the research topic is determined, firstly, by the increasing importance of energy diplomacy for solving modern problems arising in the field of international energy cooperation, and secondly, by the significance of studying the problems of energy diplomacy from the point of view of the science of international law. Despite the fact that energy diplomacy is being formed and realizing its potential in the international legal environment, it is not given adequate attention to its role in the legal literature, including in scientific works on international law, which, in turn, looks like a gap in international legal science. The purpose of the work is to substantiate the international legal concept of energy diplomacy, to identify its connection with the classical model of diplomacy and at the same time specific, to objectively identify the main directions of the relationship between energy diplomacy and international law.MATERIALS AND METHODS. When writing the work, scientific works related to the topic, international treaties and documents of international law, acts of national legislation of states are analyzed. General scientific and special methods of cognition, including comparative legal and formal legal, were used as a research method.RESEARCH RESULTS. Energy diplomacy is derived from the “classical” model of diplomacy. There are various interpretations of diplomacy, focusing on its various aspects and manifestations. The article substantiates the understanding of diplomacy as a means of implementing the state’s foreign policy through the activities of special entities (bodies of foreign relations) using non-military techniques and methods in accordance with international law. The evolution of diplomacy and the emergence of its new forms are traced, their specificity and international legal component are noted. Taking into account the specifics of energy, international energy cooperation, their legal support based on the potential of international and national law, the independent nature of energy diplomacy, its increasing role in modern conditions is substantiated. The specific features of energy diplomacy are identified and its concept is proposed, taking into account the international legal component. In modern conditions, full-fledged regulatory and institutional legal foundations of the EU’s foreign energy policy and energy diplomacy have not developed. It is noted that the legitimacy of unilateral restrictive measures applied in energy diplomacy by a number of states is indisputable from the point of view of international law. The main directions of the relationship between energy diplomacy and international law are outlined in detail, options for legitimizing the national interests of states in the energy sector based on the potential of international law are highlighted.DISCUSSION AND CONCLUSIONS. The main conclusions of the study are as follows. Firstly, energy diplomacy is a new functional area of diplomatic activity. It has a single essence with “classical” diplomacy (to serve as a means of implementing foreign policy, in accordance with international law) and, at the same time, is characterized by a number of features derived from the energy sector and energy law (a special focus on the implementation of the goals and objectives of the state's foreign energy policy, the participation of energy departments in it and the connection of energy companies, methods used in it). Secondly, energy diplomacy and international law in the process of their development and functioning are mutually linked and have a reciprocal influence. International law, firstly, defines the legal framework and forms of implementation of energy diplomacy (as well as diplomatic activity in general), and secondly, plays a decisive role in legitimizing the national interests of states in the field of foreign energy policy carried out through energy diplomacy. In turn, energy diplomacy, relying on the potential of international law, contributes to ensuring energy security (national and international) and, thereby, to maintaining the international energy order. In general, energy diplomacy influences the process of creation and operation of international law norms and contributes to the development of international law.

“Crafty” Rhetoric

Building on mental health rhetoric research (MHRR), I explore how legal advocates in non-profit organizations guide survivors of domestic abuse in obtaining orders for protection (OFPs). State statutes not only dictate what a petition for an OFP must contain, but these statutes and resulting documents also reflect cultural and structural biases about domestic abuse. Through rhetorical analysis of state statutes and personal interviews with legal advocates in this inductive and qualitative study, I discovered that these advocates engage in subversive rhetorical intervention, what the advocates call “crafty” intervention. Such intervention is designed to meet the requirements of state statutes for an OFP and also provide a way for survivors to tell their stories in their own way. This intervention sets the stage for helping survivors heal from the trauma of domestic abuse, convincing judges that survivors need OFPs to stay safe, and demonstrating to state legislators that domestic abuse statutes may be too restrictive.

The Targeting and Impact of Partisan Gerrymandering: Evidence from a Legislative Discontinuity

Abstract A party’s influence over redistricting increases discontinuously when its seat share in the state legislature exceeds 50%. We apply bunching tests to show that, in the election before redistricting, parties systematically win narrow majorities in legislatures of states where they have lost recent U.S. House races. This trend of losses is reversed after redistricting despite no change in overall House vote shares in states near the cutoff. The pre-to-post-redistricting change in regression discontinuity estimates implies that the party that controls redistricting engineers an 11 percentage point increase in its probability of winning a House race.

Principles of independence and accountability in the activities of the European Central Bank and the central bank of the EU member state

Principles of independence and accountability in the activities of the European Central Bank and the central bank of the EU member state

Judicial practice as a result of state law-making

In the content of the article, the author revealed the relevance of scientific knowledge of judicial practice issues as a result of the implementation of law-making by the state through the relevant authorized subjects. It was noted that the participation of the state in law-making in the modern conditions of legal development in Ukraine is the subject of many discussions and discussions on the part of representatives of legal doctrine. However, the most controversial and ambiguous result of scientific research remains the question of the law-making role of judicial practice, the subject of which is generated exclusively by the subjects of the judicial system. The participation of the state in the formation and approval of the results of judicial practice is absolute and without alternatives, such powers cannot be delegated and cannot be waived. And therefore, this indicates the exclusive monopoly of the state on the formation of judicial practice, granting it a law-making status, ensuring its renewal and monitoring its implementation. In connection with this, in the cognitive plan, the question of the peculiarities of judicial practice as a law-making phenomenon, in the context of balancing the participation of the state and civil society in the mechanism of modern law-making, is relevant. Based on the analysis of scientists' views on the issue of state participation in the generation of judicial practice, it was concluded that judicial practice is defined by its multifaceted nature and can be defined as: 1) a means of identifying deficiencies in legal regulation; 2) a law-making means of overcoming gaps in the legislation; 3) a means of generalizing the law-making influence on social relations; 4) a means of creating law-making proposals to improve the provisions of the current legislation; 5) a means of interpreting legal norms, which is carried out by realizing and clarifying the law­making intention, which is embedded in the content of the provisions of the legislation, and explaining it to the subjects of the law; 6) a means of law-making control, which provides, during the consideration of a court case, a check of the current legal norms for their compliance with the norms established by the Constitution, norms of international law or norms established by law­making acts of higher legal force, as well as for compliance with the rules of temporal and spatial effect of legal norms; 7) a means of law-making initiative, according to which judicial practice is considered as a special means of developing law­making proposals and initiating their consideration by competent bodies.

Women Reservation Bill in Lok Sabha: A Century Long Struggle for Gender Equality

Women in India have been granted various rights over the years to establish gender equality and to improve their number in decision making. Efforts were started when the demand for separate political reservation for women was made in 1920 during the national movement for Independence. It was the Government of India Act, 1935 by which reservation of seats for women was given. The issue was debated at length during the debates of Constituent Assembly. Committee on the Status of Women in India (CSWI) 1971, recommended reservation for women in local bodies. National Perspective Plan for Women 1988-2000 recommended reservation for women in all elected bodies from Panchayats to Parliament that resulted in 73rd and 74th Amendment. To ensure their presence in national and state legislatures, a Bill seeking to reserve seats for women was introduced in 1996 in the Parliament. But due to narrow political interests of different political parties and lack of consensus among them, it could not succeed to get the approval of the Parliament. Finally, the passage of Women Reservation Bill in September 2023 with conditions is a golden moment in Indian Parliamentary history.

Legislative review and recommendations for improving sun protection in schools.

Sun exposure in schools can account for a large portion of childhood sun exposure before the age of 20 years, yet legislation in the United States is lacking to properly protect children. Schools serve as a foundational resource to introduce and implement sun-safe practices in the youth population. Federal and state legislation relating to the access of sunscreen, sun-protective apparel, and shade was reviewed via the website LegiScan.com. At the time of publication, only 25 states have legislation in place that addresses and allows sunscreen to be used in school, given its classification as an over-the-counter medication. No state has implemented legislation allowing sunglasses to be worn in school, and only two states have laws explicitly allowing hats and other sun-protective apparel at schools. In addition, the provision of shade is addressed in four states. With a significant portion of sun exposure occurring at schools, state and federal legislation must address sun protection for students, opening the door for expanded access and additional research related to skin cancer prevention.

Rallying Europe: young women and men searching for a life and a future

ABSTRACT The turmoil of the mid-twentieth century saw young people mobilized for action across Europe in an unprecedented manner. Concurrently, against the backdrop of the struggle between democratic and authoritarian projects, war and fragile peace, young people increasingly became a target of state legislation, (mass) organizations and other institutions. From the end of the First World War to the aftermath of the Second World War, Europe witnessed fundamental changes in the social regimes that determined societal power distribution. This special issue approaches the first half of the twentieth century through the lens of age and gender as interdependent categories of analysis. In doing so, the authors reveal how adult perceptions of youth and gender framed young men and women’s lives, as well as their roles in society. Vice versa, the authors explore how these perceptions collided with youth agency, probing the specific age – and gender-related dynamics of empowerment and organization. By zooming in on the concrete young actors and the institutional settings that limited their scope of action, processes of wayward appropriations will be contrasted with institutionalized attempts to control and lead ‘the young’. As such, the authors contribute to a global academic discussion on age, gender, the lifecycle and intersectionality.

Climate adaptation law: a European perspective

AbstractIn contrast to climate protection law, which regulates the mitigation of climate change, climate adaptation law deals with the management of the unavoidable consequences of climate change. This article provides an overview of its legal basis from a European perspective. In addition to international law, especially the Paris Agreement, EU law is of central importance in this respect. It is primarily shaped by the EU Climate Law enacted in 2021. However, this Law only sets a general framework and is further defined by legal acts of various sectoral policies, especially in the field of environment. Climate adaptation regulations at the level of European member states are presented using the example of Germany, where a Federal Climate Adaptation Act is currently being drafted. Due to Germany's federal state structure, state legislation is also analysed. Most of the German states (“Länder”) have their own climate laws, although their content varies. The municipal level is only addressed with restraint in these laws. The reasons for this are of a fiscal constitutional nature and will be explained in more detail.

Pregnancy Outcomes at a Safety Net Hospital in Atlanta, Georgia, After Changes to Abortion Legislation [ID 2683629

INTRODUCTION: On July 20, 2022, Georgia’s House Bill 481 (HB 481) went into effect for the first time since it passed state legislature in March 2019. House Bill 481 is an abortion ban in the presence of fetal cardiac activity. To date, no study has explored the law’s effects on key clinical indicators of maternal morbidity and mortality. The purpose of this study is to examine whether enactment of HB 481 has been associated with changes pregnancy-related morbidity at a safety net hospital in Atlanta, Georgia. METHODS: We are using an interrupted time series retrospective study design to evaluate trends in pregnancy complications at Grady Memorial Hospital between July 2021 and August 2023. The Emory IRB has approved this study. RESULTS: Of the 4,886 encounters linked to pregnancy outcomes included, 2,299 occurred in the year prior to enactment of HB 481 versus 2,587 in the year after. Preliminary crude data analysis demonstrated increases in rare outcomes post-enactment period compared to the pre-enactment period, specifically risk of progression to sepsis among those with preterm prelabor rupture of membranes (0.080 versus 0.061) and maternal intensive care unit admission (0.0085 versus 0.0070). There were no significant changes in the overall rate of delivery or encounters for miscarriage and a decrease in overall composite risk of severe maternal morbidity events (0.061 versus 0.074). CONCLUSION: In this rapidly changing legal landscape and with many laws similar to HB 481 being enacted in states across the United States, it is essential to continue to document the direct health effects of restrictive abortion policy on pregnancy outcomes.

States' Abortion Laws Associated With Intimate Partner Violence-Related Homicide Of Women And Girls In The US, 2014-20.

Women who are pregnant or recently gave birth are significantly more likely to be killed by an intimate partner than nonpregnant, nonpostpartum women of reproductive age, implicating the risk of fatal violence conferred by pregnancy itself. The rapidly increasing passage of state legislation has restricted or banned access to abortion care across the US. We used the most recent and only source of population-based data to examine the association between state laws that restrict access to abortion and trends in intimate partner violence-related homicide among women and girls ages10-44 during the period 2014-20. Using robust difference-in-differences ecologic modeling, we found that enforcement of each additional Targeted Regulation of Abortion Providers (TRAP) law was associated with a 3.4percent increase in the rate of intimate partner violence-related homicide in this population. We estimated that 24.3 intimate partner violence-related homicides of women and girls ages10-44 were associated with TRAP laws implemented in the states and years included in this analysis. Assessment of policies that restrict access to abortion should consider their potential harm to reproductive-age women through the risk for violent death.