Survey Of Legislation Research Articles

Frustrated marriage? The ideological distance of members of congress from their parties in Latin America

Are legislators ideologically close to their co-partisans? And, when not, what policies drive the lack of party unity? To address these questions, we propose two measures of intra-party ideological cohesion: dissonance and frustration. Based on a survey of legislators across 18 Latin American countries, we show that half of the region’s representatives self-identify as substantially far from the mean of their parties (dissonance) and almost 40% perceive large differences (frustration). Relying on a series of statistical tests, we find that these patterns are distinct for left-wing and right-wing legislators. The right is more dissonant than frustrated, and they are also more dissonant than the left. In terms of policy, we show that moral issues drive dissonance and frustration on both sides of the ideological spectrum, but disagreements on economic topics are more correlated with ideological distance for the left than the right. In presenting new measurements of intra-party disagreements, our paper proposes new pathways for the study of party cohesion.

Field evaluation of industrial non-food crops for phytomanaging a metal-contaminated dredged sediment.

Phytomanagement is a concept fit for a bio-based circular economy that combines phytotechnologies and biomass production for non-food purposes. Here, ten annual and perennial industrial non-food crops (Sorghum Biomass 133, Sorghum Santa Fe red, Linum usitatissimum L., Eucalyptus sp., Salix Inger, Salix Tordis, Beta vulgaris L., Phacelia tanacetifolia Benth., Malva sylvestris L., and Chenopodium album L.) were studied under field conditions for phytomanaging a metal (Cd, Cu, Pb, and Zn)-contaminated dredged sediment in the North of France. The crops were selected according to their relevance to pedoclimatic and future climatic conditions, and one or more non-food end-products were proposed for each plant part collected, such as biogas, bioethanol, compost, natural dye, ecocatalyst, and fiber. Based on the soil-plant transfer of metals, eight out of the crops cultivated on field plots exhibited an excluder behavior (bioconcentration factor, BCF < 1), a trait suitable for phytostabilization. However, these crops did not change the metal mobilities in the dredged sediment. The BCF < 1 was not sufficient to characterize the excluder behavior of crops as this factor depended on the total dredged-sediment contaminant. Therefore, a BCF group ranking method was proposed accounting for metal phytotoxicity levels or yield decrease as a complemental way to discuss the crop behavior. The feasibility of the biomass-processing chains was discussed based on these results and according to a survey of available legislation in standard and scientific literature.

Following up after Moore and Hall: A national survey of state legislation defining intellectual disability.

Following up after Moore and Hall: A national survey of state legislation defining intellectual disability.

Who is a Journalist? A Critical Analysis of Australian Statutory Definitions

This article provides the first comprehensive study of statutory definitions of ‘journalist’ and ‘journalism' in Australian law and proposes a preferred definition of journalist by reference to statutory aims, bedrock legal principles and broader scholarship. It begins with a review of existing literature on the meaning of ‘journalist' in the modern media landscape, before turning to Australian law. A qualitative survey of legislation identified 11 textually different definitions of the term ‘journalist’ across 18 separate statutes, and a single definition of ‘journalism’. Examination of the statutory contexts, purposes and framing of these definitions reveals they are comprised, broadly, of six ‘approaches’. These approaches are critically analysed against a novel five-part thematic framework, with particular attention given to whether journalists should be defined by reference to ethical codes and responsibilities. The article concludes by identifying a preferred definition of journalist capable of informing law reform across a wide-variety of areas of law, including protections for press freedom, journalistic access to information, shield laws and whistleblower protections.

Review: The Advantage of Disadvantage: Costly Protest and Political Representation for Marginalized Groups, by LaGina Gause

Review: <i>The Advantage of Disadvantage: Costly Protest and Political Representation for Marginalized Groups</i>, by LaGina Gause

Evaluation use and learning in public policy

Scientific evidence has become increasingly important for the decision-making processes in contemporary democracies. On the one hand, research dealing with the utilization of scientific knowledge in the political process has pointed out that decision-makers learn from evidence to improve policies to solve problems. On the other, scholars have underlined that actors learn from evidence to support their political interests regardless of how it affects the policy problem. One conventional insight from the policy learning literature is that higher salience of a policy issue makes it much less likely that decision-makers use evidence in an “unpolitical” way. Nevertheless, only few studies have investigated systematically how differences regarding issue salience between policy fields impact on how decision-makers learn from evaluations at the individual level. Using multilevel regression models on data from a legislative survey in Switzerland, this paper shows that salience and technical complexity of policy issues do not automatically lead to less policy learning and to more political learning from policy evaluations. Nevertheless, this article’s empirical analysis also points out that issue salience increases policy learning from evaluations if the policy issue is technically complex. Our findings contribute to research on policy learning and evidence-based policy making by linking the literature on policy evaluation and learning, which helps analyzing the micro-foundations of learning in public policy and administration.

Environmental Legislation and Standardization for Installation and Use of Soil by Necropolises

The current legislation on necropolis areas is an indispensable instrument in the prevention of environmental impacts in the Brazilian territory. This manuscript performs a survey and analysis of environmental legislation and regulation of the installation and use of land by necropolisesinBrazil,withthemainobjectiveofidentifyingthelawsinforceintheBrazilian states that complement the federal regulations and its main points discussed for the management of these areas as a way of increase environmental safety. This study was carried out nationwide and in a tree system, considering the Brazilian union, states and capitals. The theoreticaldevelopmentofthisstudywascarriedoutthroughthesystematicanalysisofspecific legislationonthelicensinganduseoflandbynecropolises,identifyingregulationsadoptedby Brazilian states that complement CONAMA Nos. 335/2003 and 368/2006. Considering the results obtained in this research, it is possible to observe little development in the states in the elaboration and publication of regulations related to environmental licensing to increase environmental safety in necropolisareas.

O surgimento do direito ambiental no Brasil, sua evolução e o cumprimento da agenda 2030

This article aims, as a general objective, to make a brief presentation on the evolution of Brazilian environmental law, its phases, and its current setback regarding sustainability. Although the Atlantic Rainforest, as well as the Amazon Forest, the Serra do Mar, the Pantanal Matogrossense, and the Coastal Zone have the status of national heritage, according to the Constitution of the Federative Republic of Brazil of 1988, these biomes have been losing space for deforestation, agriculture, and livestock, and currently only 12.4% of the original Atlantic Rainforest area is left in Brazil. As specific objectives of this article, it intends to analyze whether the commitments made by Brazil in the 2030 Agenda for Sustainable Development, an action plan adopted by the country and 192 other UN member states, have been fulfilled and also to make an analysis of the current Federal Senate Bill No. 168/2018. After the chronological survey of environmental legislation, it concludes that the Brazilian Environmental Legislation is currently not being effective in the protection of Brazilian biomes, meeting interests in deforestation, at the expense of Brazilian native species and in disagreement with the commitment made to Sustainability in the 2030 Agenda and the Sustainability principles presented in the Constitution of the Federative Republic of Brazil of 1988.

Secondary Use of Electronic Medical Record Data from Primary Health Care is Feasible: Report from RADAR Project

Objectives It is difficult to obtain longitudinal 'real world' data from ambulatory medical care in Germany in a systematic way. Our vision is a large German research data repository featuring representative, anonymized patient and outpatient health care data, longitudinal, continuously updated and across different providers, offering a perspective of linking secondary care data or additional data obtained from research cohorts, for example patient reported data or biodata, and will be accessible for other researchers. Here we report specific methods and results from the RADAR project.Methods Survey of legislation, design of technical processes and organisational solutions, with a feasibility study to evaluate technical and content functionality, acceptability and performance fitness for health services research questions.Results In 2016, a multi-disciplinary scientific team initiated the development of a privacy protection and IT security concept for data exported from the electronic medical records (EMR) of physicians' practices in line with the European General Data Protection Regulation. Technical and organisational requirements for lawful research infrastructure were developed and executed for use in a specific case, namely ̒oral anticoagulation'. In 7 Lower Saxonian general practices, 100 patients were selected by their physician and their data - reduced to 40 essential data fields - extracted from EMR via a mandatory software interface after informed consent. Still in the practice, the data were split into identifying or medical data. These were encrypted and transferred either to a trusted third party (TTP) or to a data repository, respectively. 75 patients who met our inclusion criteria (minimum of one year of oral anticoagulation treatment) received a quality-of-life questionnaire via the TTP. Of the 66 returns, 63 responses were then linked to the EMR data in the repository.Conclusion Results from RADAR project proved the technical and organisational feasibility of lawful, pseudonymised data acquisition and the linkage of questionnaires to EMR data. The protecting concepts privacy by design and data minimization (Art. 25 GDPR with Recital 78) were implemented. Without informed consent, secondary use of routine data from ambulatory care which are sufficiently anonymized but still meaningful is all but impossible under current German law.

Heeding to the Losers: Legislators' Trade‐Policy Preferences and Legislative Behavior

Electoral incentives affect legislators' responsiveness to voters, parties, and other stakeholders. Proportional representation (PR) electoral systems with party control over nominations foster party discipline and reduce legislators' responsiveness to local constituents when at odds with the party. Yet, even under closed‐list PR regimes policymakers have incentives to respond to local interests who help advance their political careers. We illustrate this argument using evidence from a survey of Argentine legislators and a roll‐call vote on a salient export tax bill. Despite the incentives created by the electoral regime, we find that legislators' trade‐policy preferences and legislative behavior reflect the expected consequences of trade on local constituents. Our evidence suggests that catering to voters, rather than organized interests, are more likely to motivate legislators to defy their parties. These findings underscore the importance of understanding when and how catering to local constituents can affect politicians’ trade policy choices.

Short Introduction to the Summary and Evaluation of the Odour Regulations Worldwide

When it comes to air pollution complaints, odours are often the most significant contributor. Sources of odour emissions range from natural to anthropogenic. Mitigation of odour can be challenging, multifaceted, site-specific, and is often confounded by its complexity—defined by existing (or non-existing) environmental laws, public ordinances, and socio-economic considerations. The objective of this paper is to review and summarize odour legislation in selected European countries (France, Germany, Austria, Hungary, United Kingdom, Spain, The Netherlands, Italy, Belgium), North America (USA and Canada), South America (Chile and Colombia), as well as Oceania (Australia and New Zealand) and Asia (Japan, China). Many countries have incorporated odour controls into their legislation. However, odour-related assessment criteria tend to be highly variable between countries, individual states, provinces and even counties and towns. Legislation ranges from (1) no specific mention in environmental legislation that regulates pollutants which are known to have an odour impact to (2) extensive details about odour source testing, odour dispersion modeling, ambient odour monitoring, (3) setback distances, (4) process operations, and (5) odour control technologies and procedures. Agricultural operations are one specific source of odour emissions in rural and suburban areas and a model example of such complexities. Management of agricultural odour emissions is important because of the dense consolidation of animal feeding operations and the advance of housing development into rural areas. Overall, there is a need for continued survey, review, development, and adjustment of odour legislation that considers sustainable development, environmental stewardship, and socio-economic realities, all of which are amenable to a just, site-specific, and sector-specific application.

Summary and Overview of the Odour Regulations Worldwide

When it comes to air pollution complaints, odours are often the most significant contributor. Sources of odour emissions range from natural to anthropogenic. Mitigation of odour can be challenging, multifaceted, site-specific, and is often confounded by its complexity—defined by existing (or non-existing) environmental laws, public ordinances, and socio-economic considerations. The objective of this paper is to review and summarise odour legislation in selected European countries (France, Germany, Austria, Hungary, the UK, Spain, the Netherlands, Italy, Belgium), North America (the USA and Canada), and South America (Chile and Colombia), as well as Oceania (Australia and New Zealand) and Asia (Japan, China). Many countries have incorporated odour controls into their legislation. However, odour-related assessment criteria tend to be highly variable between countries, individual states, provinces, and even counties and towns. Legislation ranges from (1) no specific mention in environmental legislation that regulates pollutants which are known to have an odour impact to (2) extensive details about odour source testing, odour dispersion modelling, ambient odour monitoring, (3) setback distances, (4) process operations, and (5) odour control technologies and procedures. Agricultural operations are one specific source of odour emissions in rural and suburban areas and a model example of such complexities. Management of agricultural odour emissions is important because of the dense consolidation of animal feeding operations and the advance of housing development into rural areas. Overall, there is a need for continued survey, review, development, and adjustment of odour legislation that considers sustainable development, environmental stewardship, and socio-economic realities, all of which are amenable to a just, site-specific, and sector-specific application.

Secrecy in Death Records: A Call to Action

Legal access to death certificates varies widely from state to state. Because death records are crucial to in-depth journalistic reporting, we examined laws related to data access across the United States to determine how possible such reporting would be in each state under current laws. In addition to conducting a survey of state legislation on death certificates, we also conducted a meta-analysis of state legislative history related to these records, sought stories that have relied on death records, and interviewed the reporters who wrote some of those stories. We found that state laws could be categorized in three ways: open access, partial access and closed or very limited access. Only 12 of 50 states were found to have laws that could be considered “open.” We propose solutions and call for actions from key stakeholders to change these laws.

A ilegalidade do prazo decadencial para requerer o seguro-desemprego

Este artigo é resultado de uma pesquisa sobre um tema muito específico que não é enfrentado pela doutrina, mas que divide a jurisprudência federal. Trata-se da análise da legalidade do prazo decadencial para requerer seguro-desemprego. O referido prazo foi estabelecido, no ordenamento jurídico brasileiro, por meio de um ato administrativo normativo e, portanto, de natureza infralegal, para limitar o exercício de um direito social fundamental. A questão de fundo que se coloca é: — Pode a legislação secundária restringir o exercício de um direito constitucionalmente previsto? A resposta extraída do próprio texto constitucional brasileiro é pela impossibilidade, porque é expressamente prevista a necessidade de lei. Ademais, o mesmo texto prevê que o exercício do poder normativo depende de autorização da lei que ele pretende regulamentar, razão pela qual sua atuação é limitada. Com isso, surge o problema que orientou a pesquisa: — A lei que rege o seguro-desemprego autorizou a fixação, por ato administrativo normativo, de prazo decadencial para requerer o benefício? Na doutrina, encontrou-se um único artigo a enfrentar o questionamento, enquanto na jurisprudência foram encontrados dois entendimentos divergentes. O objetivo da pesquisa foi, então, verificar a validade da hipótese pressuposta de resposta, de que o prazo é ilegal. Com isso, fez-se o levantamento da legislação, da doutrina e da jurisprudência sobre o tema, mediante o uso do método descritivo, para, em seguida, com base no método hipotético-dedutivo, analisar a validade dos argumentos da tese da legalidade, demonstrando-se o acerto da tese da ilegalidade.

Factors associated with state legislators’ support for opioid use disorder parity laws

BackgroundIn the United States, state behavioral health parity laws play a crucial role in ensuring equitable insurance coverage and access to substance use disorder treatment and services for people that need them. State legislators have the exclusive authority to adopt these laws. The purpose of this study was to identify legislator beliefs independently associated with “strong support” for opioid use disorder (OUD) parity. MethodsData were from a 2017 cross-sectional, state-stratified, multi-modal survey of state legislators (N = 475). The dependent variable was “strong support” for OUD parity. Primary independent variables were beliefs about state parity laws. Bivariate analyses and mixed effects logistic regression were conducted. ResultsLegislators who “strongly supported” OUD parity were significantly more likely than legislators who did not “strongly support” OUD parity to be female (64.1% vs. 46.5%, p<.001) , Democrat (76.2% vs. 29.3%, p<.001), and have liberal, compared to conservative, ideology (85.6% vs. 27.1%, p<.001). After adjusting for legislator demographics and state-level covariates, beliefs such as agreeing that state parity laws do not increase health insurance premium costs (aOR=6.77, p<.01) and that substance use disorder treatments can be effective (aOR=5.00, p<.001) remained associated with “strong support” for OUD parity. These state legislators’ beliefs were more strongly associated with “strong support” for OUD parity than political party, ideology, and other demographic and state-level characteristics. ConclusionsDissemination materials and communication strategies to cultivate support for OUD parity laws among state legislators should focus on the fiscal impacts of parity laws and the effectiveness of substance use disorder treatments.

O Ensino de História nos tempos atuais de instabilidade política e econômica no Brasil

Este artigo apresenta os resultados provenientes de trabalho de iniciação científica em História, desenvolvido no Ensino Médio O objetivo foi refletir acerca do ensino de história no Brasil dos dias atuais – suas principais tendências, limites, disputas e desafios. Consistiu no levantamento e na organização de dados quantitativos e qualitativos no interior do campus Goiânia do Instituto Federal de Educação, Ciência e Tecnologia de Goiás, precedido pelo levantamento e análise de material jornalístico e de legislação concernentes ao ensino de história, em específico, e de humanidades em geral. Esta pesquisa buscou ainda refletir sobre a percepção que docentes e discentes desta instituição possuem sobre a importância e significados do ensino de história para a formação profissional e cidadã. Para isso, comparamos e analisamos as percepções apresentas frente as importantes polêmicas e mudanças da atual conjuntura, pautadas pela grande mídia e expressas em alterações das legislações educacionais.

Preimplantation genetic testing legislation and accessibility in the Nordic countries.

Assisted reproduction technologies are being rapidly developed and implementation of preimplantation genetic testing (PGT) has allowed patients with genetic disorders to initiate pregnancies while minimizing or eliminating the risk of transmitting these disorders to their offspring. Testing for numeric chromosomal anomalies has been proposed as a way to increase efficacy in assisted reproduction; however, this remains disputed. Legislation is lagging behind the rapid developments in this field. We conducted a structured online survey of legislation and accessibility to preimplantation genetic testing in the Nordic countries to compare the regulation and uptake of this technique. The survey was designed and answered by the authors. Key elements in the regulation of preimplantation testing for monogenic disorders and structural rearrangements are similar in the Nordic countries, although accessibility varies since only Denmark, Finland, and Sweden have national clinics offering treatment. In addition, Denmark and Finland have private clinics offering PGT. Regulation is the most stringent in Norway where a national board evaluates all couples seeking treatment. Treatment volumes vary between the Nordic countries, with Norway and Finland having lowest treatment numbers. Preimplantation genetic testing for aneuploidy in the embryo varies between the Nordic countries: Finland and Iceland allow this form of treatment, Denmark and Sweden offer it only in the form of a research protocol, and Norway does not allow it at all. Therefore the number of treatment cycles involving testing for embryo aneuploidy are lower in the Nordic countries than in other countries where this treatment option is more common. Science needs to inform politics regarding the rapidly evolving field of reproductive medicine and we recommend harmonization of legislation and accessibility between the Nordic countries.

The inclusion of death in the curriculum of the Spanish Regions

ABSTRACT This study aims to determine the extent and manner in which the notion of death is provided for in laws regulating school curricula in Spain and the Spanish Autonomous Regions, and to identify any differences and similarities among the Regions. To this end a documentary survey of current legislation, curricular regulations and educational provision for learner diversity was conducted from a quantitative and qualitative, analytical and comparative perspective. 19 expert-selected terms relevant to death education were subjected to study. The main findings were: (a) death is present at all stages of education, but not in a planned and deliberate pattern; (b) comparison of results from the various Autonomous Regions of Spain reveals a range of different sensitivities regarding the issue. The study investigates an aspect of the curriculum that is of interest to an international audience.

Legislative Survey on Tax Calculation Measures for Integrated Housing and Land Tax and Land Value Increment Tax

鑒於近年來房地價格異常上漲，逐步造成房地持有人與租戶間貧富差距拉大，因過往稅制對房地上漲的利潤只課徵偏低的稅負，加速了社會對房地投機的心態，並使房地產價格居高不下，政府為抑制房價快速飆漲，進而修正稅制而實行房地合一所得稅制度，期盼此一制度能有利房價回歸至合理價位。修正前我國房地出售時，土地應課徵土地增值稅，房屋應併入課徵所得稅，理論上，土地增值屬財產交易所得之一種（機會稅），應課徵所得稅。但因為我國已將土地之增值部分課徵土地增值稅，故不再課徵綜合所得稅，因此土地增值稅與綜合所得稅乃採分離課稅的形式。然而分離課稅不能正確衡量納稅義務人之納稅能力，基於漲價歸公的理念，新制房地合一所得稅希藉以補足原土地增值稅未核課部分來抑制房價，但新制實施至今仍有許多未盡之處仍有待討論，因此本文特別針對土地增值稅與房地合一所得稅在課徵範圍、課徵稅率、土地現值計徵標準、稅額計算之優惠及扣除項目等加以比較研究，並提出本文看法。Due to the unusual increase of real property prices in the recent years, the wealth gap between the property holders and the tenants has gradually widened. In the past, the government merely imposed the lower property tax on the rising property profits, so that it has accelerated the social speculation on premises and let the real property prices remain high. For balancing the rapid rise in real property prices, the government had adjusted the property tax and implement the &amp;ldquo;Integrated Housing and Land Tax&amp;rdquo; in order to guide the real property price into a reasonable price. Before the implementation of the new tax on per real property transaction, the land should be subject to the old &amp;ldquo;Land Value Increment Tax,&amp;rdquo; and the house should be calculated into the income tax. However, the old separately calculation measures on real property tax cannot reflect the taxpayer’s taxability. Based on the idea of confiscating the land profit increase, the new tax has been used to supplement the untaxed part of the old tax to curb the real property prices. However, there are still some imperfect parts on the new tax, this article thus hopes to specifically address and compare the scope, rate, quotation standard, calculation discount and the deduction items between the new &amp;ldquo;Integrated Housing and Land Tax&amp;rdquo; and the old &amp;ldquo;Land Value Increment Tax.&amp;rdquo;

Identificação e inserção de tipos documentais fotográficos na elaboração de instrumentos de gestão de documentos: estudo sobre a Secretaria Municipal de Meio Ambiente de Rio Claro (SP)

The text aims to bring the studies and strategies of the Public and Historical Archive of Rio Claro (SP), highlighting the identification of photographic types of the Municipal Environment Department. For this purpose, in addition to a bibliographic survey, the constitution of the empirical object, the Municipal Environment Secretariat (SEMA), was presented. A diagnosis of documentary production was carried out by the team from the Public and Historical Archives of Rio Claro, with the elaboration of a Document Evaluation Form. With the survey of the agency's legislation and the data from the evaluation forms, it was possible to understand the functions and routines of the photographic documents. The photographs were inserted in the research instruments, but the complexity of identifying photographic documents in document production was found, as well as their management and recordkeeping methods for these documents within the scope of the Municipal Public Administration.