State Law Research Articles

State Divorce Laws, Reproductive Care Policies, and Pregnancy-Associated Homicide Rates, 2018-2021

ImportanceBarriers to divorce and reproductive health care can threaten the health and safety of pregnant and recently pregnant females.ObjectiveTo examine state laws about divorce, reproductive health care (access to contraception, family planning services, and abortion), and pregnancy-associated homicide rates in US states over a 4-year period (2018-2021).Design, Setting, and ParticipantsIn this cross-sectional study, bivariate tests and regressions were used to analyze crude rates of pregnancy-associated homicide from the National Violent Death Reporting System in 181 state-years for calendar years 2018 to 2021, with analyses conducted on September 8, 2024.ExposuresAccess to divorce while pregnant and reproductive health care over a 4-year period in the US.Main Outcomes and MeasuresPrimary outcomes (pregnancy-associated homicide by intimate partners vs non–intimate partners and rates among younger Black, Hispanic, and White females) were assessed using the National Violent Death Reporting System. Negative binomial regression was used to test 2 hypotheses: access to divorce while pregnant and reproductive health care are associated with pregnancy-associated homicide rates.ResultsIndividual level data, including exact sample size, were not available in this study of state-level homicide rates. Negative binomial regression analysis showed that, where finalizing divorce during pregnancy is prohibited, intimate partner homicide rates (incidence rate ratio [IRR], 2.11; 95% CI, 1.09-4.08; P = .03) and rates among younger (age 10-24 years) White females (IRR, 2.39; 95% CI, 1.12-5.09; P = .02) were significantly higher. In state-years with greater access to reproductive health care, rates were significantly lower for non–intimate partner homicide (IRR, 0.92; 95% CI, 0.87-0.98; P = .01) and for younger Black females (IRR, 0.91; 95% CI, 0.87-0.96; P < .001) and younger Hispanic females (IRR, 0.87; 95% CI, 0.79-0.96; P = .007).Conclusions and RelevanceIn this cross-sectional study of pregnancy-associated homicide rates, barriers to divorce were associated with higher homicide rates and access to reproductive health care was associated with lower homicide rates. This study highlights the association between state legislation and pregnancy-associated homicide in the US, which is important information for policymakers.

Acordos estruturantes como instrumentos de indução de políticas públicas: o papel cooperativo do ministério público em prol da realização dos direitos fundamentais

This paper seeks to examine and elucidate the role of the Public Prosecutor in shaping public policies in Brazil. The primary objective is to critically assess, in the context of the Social State of Law as delineated in the 1988 Federal Constitution, the expansion of the State's obligations concerning the protection and enforcement of fundamental and civil rights. Additionally, the paper will explore the responsibilities of the judiciary in this domain. The arguments will be presented using a deductive methodology, supported by a comprehensive literature review, which considers the persistence of unmet rights. The analysis will underscore the significance of the Public Prosecutor's responsibilities in formal extrajudicial arrangements, cooperative, and democratic processes with respect to the effective implementation of fundamental rights.

Exploiting Legal Reserve Compensation as a Mechanism for Unlawful Deforestation in the Brazilian Cerrado Biome, 2012–2022

This research investigates the illegal Vegetation Suppression Authorization (VSA) for Legal Reserve Compensation (LRC) in Tocantins, Brazil, between 2012 and 2014. The VSA is a license issued by state environmental agencies that authorizes the removal or clearing of native vegetation. This infraction resulted from the state environmental agency’s mistaken interpretation of Resolution 07/2005 of the State Environmental Council and the Native Vegetation Protection Law, which operates nationally and takes precedence over state resolutions and laws. The study area focuses on eight municipalities contained in the Formoso, Pium, and Javaés river basins. The methodology examines irregular VSA-LRC cases through geospatial data analysis, multitemporal analysis using remote sensing data, and economic assessments in both the origin and destination areas of the compensatory reserve. The results showed that among the 217 VSA-LRC applications during the period, 93 had corresponding geospatial data, indicating that 57.1% of the geospatial data were missing. This discrepancy between the authorized area and the available geospatial information restricts the oversight capability of the regulatory agency. A decade-long deforestation analysis of VSA-LRCs using remote sensing data considered three phases: 2012–2014 (application and issuance of VSA-LRCs), 2015–2018 (operational issuance), and 2019–2022 (post-expiration of VSA-LRCs). The results revealed a total VSA-LRC area of 343.291 km2 (34,329.10 ha), with 229.1169 km2 (22,911.69 ha) of deforestation. Notably, 54.877 km2 (5487.70 ha) of this deforestation occurred in 2019–2022, after the VSA-LRC had expired. The analysis of the LRC origin and destination areas demonstrates a unidirectional strategy, from economically more valuable areas to less valuable ones, according to land market dynamics. Therefore, this investigation concludes the need for greater administrative transparency, the development of a reliable geospatial data system for monitoring, and policy changes and actions to enhance environmental protection.

Islamic Family Law Perspective on Marrying Pregnant Women

Background. Sexual intercourse between a man and a woman without a valid marriage contract is called zina. Zina does not differentiate between a girl, a man, a husband or a widow, a wife or a widower. Islamic law strictly forbids zina, never even approaching zina. One of the consequences of zina is pregnancy outside of marriage.. Aims. This article examines pregnant marriage from the perspective of Islamic law in the four imams of the school of thought, and the Compilation of Islamic Law. Method. The study uses a normative legal approach. Results. Pregnant marriage is a marriage with a woman who is pregnant outside of marriage, either married to the man who impregnated her or to the man who did not impregnate her. The Marriage Law only implicitly regulates the marriage of pregnant women, namely in Article 2 paragraph (1). The Compilation of Islamic Law regulates the marriage of pregnant women in Article 53. The differences of opinion among scholars regarding the marriage of pregnant women due to adultery do not bring blessings to the community. The Compilation of Islamic Law states that children resulting from adultery legally do not have a kinship relationship with their father, even though the father formally acknowledges and legitimizes that the child is his own child. They do not have the intended relationship, be it family relationships, guardianship in marriage or inheritance issues. The child only has a bloodline relationship with his mother.

Factors associated with human papillomavirus vaccination: Determining the effect of implicit and explicit racial bias and state laws around vaccination

Factors associated with human papillomavirus vaccination: Determining the effect of implicit and explicit racial bias and state laws around vaccination

JUDICIAL ACTIVISM: A LIVING IMAGE OF LAW REFLECTED IN THE SOCIAL MIRROR

This article analyzes the instrumentalization of law for the purpose of promoting social emancipation. It hypothesizes whether the leading role attributed to the Judiciary in the Democratic State of Law at the turn of the last century to the 21st century fulfills the promises of modernity based on the theory of the social contract and driven by the Enlightenment ideals to make effective the rights of freedom and social rights of the Constitution. To this end, first, legal positivism is presented, in search of recognition of subjects and equal participation; second, the historical bases of the constitutions are established, to confirm the metamorphosis of law and the model of jurisdictional control through the main and incidental channels; and third, to show judicial activism, mapping the decisions of the Supreme Court. The conclusion is about the importance of the Judiciary in the effectiveness of positive and negative rights. The article was guided by the hypothetical-deductive method and was based on books, scientific articles, legislation and jurisprudence.

PUBLIC POLICIES OF THE STATE OF SANTA CATARINA FOR REGULATING THE PEDAGOGICAL TECHNICAL ASSISTANT

This text aims to analyze the public policies of the state of Santa Catarina that regulate the duties of the Technical Pedagogical Assistant - ATP, a professional position assigned to educational institutions and various agencies responsible for education at the state level, in order to identify the conception and expected contribution of this professional position to the quality of education. The research highlighted theoretical aspects of the conception of public policies, including the identification of the main policies in the Constitution, in the Law of Guidelines and Bases of Education - LDB and State Law No. 1,139/1992. This is a bibliographical research that was based on the classical theoretical aspect and on legislation, enabling the conclusions that are in the sense that the creation of a technical position of pedagogical assistant with clear and objective duties makes the organizational structure of education solid, strengthened and that streamlines the pedagogical process by ensuring technical and management support in the educational routine for efficiency in educational practice, enabling the overcoming of the challenges of contemporary education.

Enacting Social Protection Laws in Jigawa and Zamfara States, Nigeria

Legal frameworks are important for institutionalising and strengthening social protection systems. Two states in Nigeria, Jigawa and Zamfara, have enacted social protection laws. This article explores how the process of enacting such a law is influenced by state-level politics and local contexts, and how the activities of a project financed by the Foreign, Commonwealth & Development Office (FCDO) contributed to much greater understanding and acceptance of social protection in both states. Primary data collected through in-depth interviews with state and non-state stakeholders and project staff was analysed to tease out the political, cultural, and power dynamics involved in enacting the laws. Findings show that a range of factors aimed at building the case for, and understanding of, social protection across a range of stakeholders was critical, and that a fairly standard package of tools employed in advocating for institutionalising social protection was influenced considerably by domestic political dynamics.

SOME ASPECTS OF RESEARCHING THE PROBLEM RISKS IN INSTITUTIONAL MANAGEMENT TRANSFORMATIONS IN THE FIELD OF EDUCATION: US EXPERIENCE

The article is devoted to the analysis of the American accounting experience potential risks in the management of institutional transformations. Goal articles - to reveal some aspects of the US experience in taking into account risks in management institutional transformations in education. Theoretica research methods applied: study of scientific literature, analysis, systematization, comparison, specification, generalization of information. The implementation of transformations in the educational sector (of institutional transformations) is associated with the emergence of certain risks. There is set of potential risk factors with which any organization, including higher educational institutions, collides permanently or temporarily, including: threats from natural disasters such as hurricanes, fires from thunderstorms lightning, floods, etc.; failures and failures in the operation of service systems of the type interruptions and power outages, protection failure, failures equipment, etc.; malicious actions such as sabotage, terrorism, computer actions fraud; the so-called human factor, that is, errors due to negligence employees, their lack or lack of necessary knowledge and skills. Taking into account the peculiarities of educational organizations, it is suggested to divide all potential risks and the necessary institutional transformations associated with them into four main categories: strategic risks, financial, legislative, etc operating rooms Strategic risks involve long-term threats that can to influence the successful activity of a higher educational institution. Financial risks foresee the possibility of loss of material means and other assets. Legislative risks involve improper implementation of state laws and instructions, as well as local regulations when implementing institutional ones transformations Operational risks involve erroneous actions of individuals, cases of fraud in the university environment. In addition, one more is known a category of risk that is very important for educational institutions is the risk of losing reputation The reputation of the higher educational institution, its image and prestige have of great importance for the successful functioning of higher education institutions. Higher education institutions should participate in the evaluation of their propensity to risks and have a complete understanding of all the categories of risks they may face to meet The article analyzes some possible approaches to risk assessment, which are offered by American scientists. Expediency is emphasized the use of American experience in Ukraine, where they are taking place today significant institutional transformations in the field of education.

Guiding Foreign Policy of Russian Empire in Context of 1906 Fundamental Laws Creation

The article examines the process of solving the problem of managing the foreign policy of the Russian Empire when creating the Fundamental State Laws on April 23, 1906. It emphasizes the importance of retaining control over international relations by the monarch and the Ministry of Foreign Affairs, effectively removing it from the influence of the State Duma. The perspectives of the authors of three drafts of the Fundamental Laws — P.A. Kharitonov, A.P. Salomon, and Count A.F. Heyden — are presented. While Kharitonov and Salomon permitted the involvement of the State Duma in the conclusion of international treaties, Heyden excluded such participation. In January-February 1906, Kharitonov’s draft was revised by senior officials of the State Chancellery under the leadership of Baron Yu.A. Ikskul von Hildenbandt and Count D.M. Solsky. It is shown that in the Chancellery’s draft, both the emperor and the State Duma remained involved in the conclusion of international treaties. This draft was discussed in March 1906 in Count S. Yu. Witte’s cabinet, and in the Council of Ministers’ version, despite an expert review by Professor F. F. Martens, popular representation was stripped of its right to participate in international treaty-making. The necessity for this was also justified by a draft of the Fundamental Laws prepared by Professor O.O. Eichelman. Attention is given to the Special Conference chaired by Nicholas II in April 1906, which consolidated the monarch’s monopoly over foreign policy within the Fundamental Laws. Nevertheless, the author argues that these same Fundamental Laws indirectly ensured the influence of the State Duma in this area, as without its review and approval, the budget of the Ministry of Foreign Affairs and all related legislative proposals could not be submitted for the emperor’s endorsement.

Academic Digest of the Center for Legal Support of Bioeconomics and Genetic Technologies of Kutafin Moscow State Law University (MSAL)

.

Economic instruments for reducing the use of plastic bags in the state of Pará, Brazil

The state of Pará has prohibied the sale and distribution of conventional plastic bags to mitigate their socio-environmental impact. This article aims to suggest economic incentives to assist State Law 8902/2019 in diminishing plastic bag consumption. This study employed the SWOT Matrix analysis to develop two economic instruments based on the externality precepts defined by Arthur Pigou and Ronald Coase. The initial proposal, derived from Pigou, involved of a “tax exemption for plastic recycling enterprises”, whereas the subsequente proposal, based on Coase, stipulated “offering discounts to customers who refrain from utilising plastic bags”. Both instruments demonstrated potential for yielding favorable outcomes when integrated with Law 8902/2019; nevertheless, their efficacy relies on an effective selective collecting system and the advancement of environmental education.

Variability in youth coach concussion education requirements across states.

Youth sports coaches play a critical role in proper concussion recognition and management, reinforcing the need for coach concussion education. As of 2021, most states have statutory and policy measures mandating concussion education for coaches. In practice, these mandates have been enacted through state legislatures and their respective youth sport governing bodies. Prior studies have found significant variations in the contents of state-level concussion risk reduction policies and have raised questions about their specificity. To expand on previous analyses to provide an overview of youth sports coach concussion education, highlighting variations in state policies and discrepancies between state mandates and youth sport governing bodies. This report utilized qualitative content analysis to characterize and compare U.S. state and governing body concussion education requirements for youth sport coaches. State concussion statutes were identified via the National Conference of State Legislatures and Open States databases, and governing body handbooks/bylaws were obtained via their websites. Two researchers independently coded the policies, and discrepancies were resolved through consensus meetings with additional youth traumatic brain injury experts. We found significant variability in educational requirements and their implementation. A majority (68%; n = 34) of states require the completion of concussion education training for coaches. Notably, many states designate responsibility for enforcement and implementation of provisions to another party but just four state statutes delineate explicit consequences for noncompliance. Additionally, only 12 state statutes extend mandates to noninterscholastic sports, limiting their reach. In most cases, independent sanctioning authorities implement more stringent policies than the minimum acceptable standard established by state law. Our findings provide a coded data set of youth coach concussion laws and independent sanctioning authority guidelines that can be used in future research efforts. Further research investigating a relationship between the strength of coach concussion education policies and relevant youth and adolescent concussion-related metrics is required.

Current State and Emerging Trends in Financing Law Development

The current state of financial law is primarily defined by its subject matter. In contemporary conditions, the subject of financial law has evolved significantly, driven by the active development of its structure and, most notably, the emergence of new financial and legal institutions within decentralized finance. These institutions include state and municipal unitary enterprises, state and municipal institutions, state corporations, and public law companies. The growth of decentralized finance has been a prominent trend in the modern era, with considerable potential for further expansion. Financial and legal regulations, in general, serve to safeguard the public interests of the state and municipalities. However, it is important to acknowledge that, with the expansion of decentralized finance, the subject of financial law, considered the most fundamental indicator of the current state of this legal branch, should be understood not only in terms of the financial activities of the state and municipalities but also concerning the financial activities of entities, including non-state actors, that are tasked with executing public functions.

The Effects of Fiscal Rules on Mexico’s Municipalities: Looking at Fiscal Behavior Changes

ABSTRACT This paper evaluates the fiscal effects of the Financial Discipline Law for States and Municipalities (LDFEM, in Spanish) on Mexican local governments. As a public financial management (PFM) reform, the LDFEM is an agency solution that establishes a national fiscal rule to align subnational fiscal behavior and achieve a sustainable fiscal position in all states and municipalities. This paper uses a quasi-experimental research design to explore the effects of complying with the LDFEM on financial conditions–budget balances and debt management. The findings suggest improvements in budget balances and debt costs and no impact on variations in debt obligations.

Building a New Ideology in the conditions of a Transitional State-Legal System (the Case Study of the Russian Republic in February — October 1917)

The paper presents the author’s point of view regarding the spiritual sphere of Russian society, changes in which were caused by the crisis resulting from the revolutionary events of February 1917, and the related experience of building a new ideology in the conditions of the transitional state law system in the Russian state in March-October 1917. The author, based on the study of a wide range of sources, critically analyzed this experience and made a number of conclusions: such construction in the conditions of permanent spiritual crisis was difficult and it was conditioned by a set of factors, namely, political, socio-economic, cultural-religious, etc. The author’s analysis of this experience was based on the study of a wide range of sources. The state of a state law anomie, that can rightly be considered one of the characteristic features of the transitional state-legal system, was the result of a deep spiritual, religious, ideological, cultural conflict that emerged, starting from the first days of the formation of the «new» Russian state, and the resulting spiritual vacuum and situation of ideological and religious uncertainty. The changing position of the Russian Orthodox Church in relation to the new bourgeois government and its reformist plans due to the political situation also contributed to the deepening of the spiritual crisis in Russian post-revolutionary society. The emphatically indifferent position of the Russian clergy towards the Provisional Government once again emphasized the unpopularity of its decisions in the eyes of society, deprived its projects of ideological support. Thus, this contributed to the loss of the government’s authority among the population. Under such conditions, all attempts of the central government to form a new post-revolutionary bourgeois-republican ideology were unsuccessful.

US States with poor social health outcomes and more firearms have more morbidity due to mass shootings.

Mass shootings represent a persistent public health crisis. Prior studies have linked social determinants of health (SDOH) to the phenomenon of gun violence, but there remain limited analyses on mass shooting events specifically. Mass shooting events from 2014-2019 were recorded from the Gun Violence Archive. State-level data regarding population, ATF registered weapons, federal firearm licensees and several SDOHs (poverty, unemployment and educational attainment) were collected from publicly-available US governmental databases. Giffords Law Center rankings were used to assess the relative strictness of each state's gun laws. Gun ownership rates were obtained from the RAND Corporation. Bivariate analyses compared each SDOH, as well as ATF registered weapons, Giffords Center ranking and gun ownership rates, to the death rate, injury rate, and combined injury/death rate from mass shootings in each state. All associations were evaluated via Pearson's Rho. Slope and p-values were analyzed, with a threshold significance value of p less than 0.05. Unadjusted analysis revealed poor mental health, decreased educational attainment and increased unemployment to all be associated with an increased risk of mass shooting-related injury or death. Adjusted analysis revealed fewer firearm regulations, higher gun ownership, lack of handgun magazine restrictions and lack of long-gun registration requirements were associated with an increased risk of mass-shooting death. Similarly, adjusted analysis revealed lack of handgun permit requirements to be associated with both an increased risk of mass shooting-related injury and combined risk of injury/death. This study revealed associations between multiple SDOH and firearm restrictions with morbidity due to mass shooting events.

The International Conference «Transport Obligations in the context of Technological Development» Dedicated to the Memory of Professor A. G. Kalpin

The paper is a brief overview of the international conference «Transport Obligations in the context of Technological Development» held on June 18, 2024 at Department of Civil Law of Kutafin Moscow State Law University (MSAL) and dedicated to the memory of Professor A.G. Kalpin. More than 30 speakers—representatives of leading Russian universities, business and government authorities—attended the conference. The conference was supported by the Digital Valleys Platform Foundation for the Support and Development of Information Technologies and Digitalization of the Economy, which is the general partner of the Technopravo project implemented within the framework of the Priority-2030 academic equality program. Four out of five Dr. Sci.— experts in transport law — attended the conference. The paper provides an overview of the main speeches and reports of leading Russian lawyers on transport law in the Russian Federation. Following the results of the conference, it was emphasized that many problems of transport law identified by Professor A. G. Kalpin have not yet been solved. This circumstance, as well as the rapid technological development of the Russian Federation, necessitates the continued modernization of domestic legislation in the field of transport law, including the formation of new legal regimes in the transport industry of the Russian Federation.

The development of indirect discrimination law in India: Slow, uncertain, and unsteady

ABSTRACT On 25 March 2021, the Supreme Court of India formally recognized the legal concept of indirect discrimination in Lt Col Nitisha v Union of India. This article uses Nitisha as a point of inflexion to study the development of Indian indirect discrimination law and Nitisha’s contribution to this development. It shows that indirect discrimination law is more complex and contested than it appears when focusing solely on Nitisha. By zooming out and considering what Nitisha adds to pre-existing law and how it has been received in subsequent judgments, the article argues for a measured view of Nitisha’s contribution and, in turn, of the state of Indian indirect discrimination law. Importantly, judicial recognition of indirect discrimination remains slow, uncertain, and unsteady. Even in the few cases where it has been recognized, the concept of indirect discrimination remains abstract and indeterminate, and questions on its adjudication remain far from resolved.

"We Move": How Florida School Librarians are Protecting Controversial Titles and Navigating a Legally Perilous Environment

Using a mixed method approach and informed by Noelle-Neumann’s Spiral of Silence Theory, this study examines the impact on school librarians of recent legislation in Florida that has facilitated widespread materials challenges and removals of titles in public school libraries across the state. Participants were presented with several series of questions that included their comfortability with collecting materials that could potentially be considered controversial, and their perceptions of support for their collection development decisions by stakeholders including principals, parents, colleagues, and their community. Additional series of questions focused on the participants’ experience with self-censorship and their familiarity with both Florida State law and federal case law that pertains to students’ First Amendment and intellectual freedom rights. Multiple, successive rounds of recruitment yielded 49 survey participants and 9 interviewees. Preliminary analysis suggests that Florida school librarians increasingly rely on professional reviews to both guide their selection choices as well as protect themselves in the event of a materials challenge. Additionally, although a large majority of the respondents indicated strong support for intellectual freedom, many avoid selecting materials perceived as controversial to avoid controversy. However, the data also suggest that communication, collaboration, and involvement with like-minded individuals and organizations can be key mitigators of self-censorship and appear to offer a fruitful avenue to assist Florida school librarians in navigating the current environment. Finally, Florida school librarians appear to have a more robust awareness and deeper understanding of state laws compared to the federal case law that provides critical context.