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1
Kent, George. "Regulating the Nutritional Adequacy of Infant Formula in the United States." Clinical Lactation 5, no. 4 (November 2014): 133–36. http://dx.doi.org/10.1891/2158-0782.5.4.133.
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Infant formula must be not only safe but also effective in doing what it is supposed to do, meaning it must be nutritionally adequate. Regulatory agencies have given a great deal of attention to the safety of infant formula, but they have not given enough attention to the issue of nutritional adequacy. In 1981, the Codex Alimentarius Commission said, “Infant formula means a breast-milk substitute specially manufactured to satisfy, by itself, the nutritional requirements of infants during the first months . . .” However, in new rules published in June 2014, the only functional test of infant formula required by the U.S. Food and Drug Administration (FDA) was to require research as whether infant formula led to adequate physical growth. The research is to be done by the manufacturers. The FDA issued no clear guidance on how the research findings were to be assessed and used. The FDA could do much more to ensure that parents, healthcare workers, and relevant government agencies know how different methods of infant feeding compare in relation to their nutritional adequacy.
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Eichler, Rose Richerson. "Cybersecurity, Encryption, and Defense Industry Compliance with United States Export Regulations." Texas A&M Journal of Property Law 5, no. 1 (October 2018): 5–36. http://dx.doi.org/10.37419/jpl.v5.i1.2.
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Exports of technology and items containing technical information are regulated by the United States government. United States export control regulations exist to help protect national security, economic, and political interests. United States defense industry companies manufacture products and develop technologies and information that the United States has a particular interest in protecting. Therefore, defense industry companies must comply with United States export control regulations when exporting items and information to their international partners and customers. An “export” not only includes shipments of hardware or other tangible assets to foreign end-users but also includes the sharing of certain types of information with foreign recipients in the form of phone conversations, emails, meetings, conferences, presentations, and so on. Many employees of defense industry companies travel internationally with company issued laptops and cellphones containing company information that could be viewed by foreign persons. All of these activities are considered exports and may require prior authorization from the United States government under export control regulations. Failure to follow export regulations could result in a violation requiring a report to the United States government that may result in civil penalties or criminal charges. Additionally, intentional as well as unintentional releases of information to certain foreign persons could be detrimental to a defense industry company’s business and reputation and may even result in security concerns for the United States. Although the government has an interest in regulating defense industry companies’ technology and information, critics argue that strong export control regulations may result in invasions of privacy, violations of free speech, and a displacement of the United States as a leader in a world of technological advancement. However, despite current regulations, defense industry information is still at risk of cyberattacks and inadvertent data releases, creating potential threats to national security and the security of company technology and information. In an effort to secure company and sensitive information while exporting, defense industry companies utilize encryption and other cybersecurity measures. Advancing technologies in cybersecurity can help the government and defense industry companies by bolstering the security of their information. These same advancements can also aid attackers in breaking through cybersecurity defenses. Some advances in technology are even preventing law enforcement from gathering necessary information to conduct investigations when cyber-attacks occur, making it difficult to identify criminal actors and seek justice.The United States government faces challenges in creating and up- dating regulations to keep up with consistently advancing technology. Likewise, defense industry companies must adhere to government regulations by creating robust compliance programs, but they should also implement security and compliance measures above and beyond what the government requires to ensure more effective security for their technology and information. This Article discusses the effect of advancing cyber technology; United States export regulations; reporting requirements related to the export of encrypted items; and encryption technology in the defense industry. First, the Article defines encryption and encrypted items. Second, the Article explains United States regulations of ex- ports and specifically, regulations related to encryption and encrypted items. Third, the Article explains the need for defense industry companies to export and to use encrypted items. Fourth, the Article analyzes criticisms of export regulations and the differing views on United States controls. Fifth, the Article will discuss the complexities of com- plying with export regulations and defense industry compliance pro- grams. Sixth, the Article examines the outlook for encryption technology, the future of regulations related to cybersecurity, and the outlook for defense industry security measures and compliance with regulations. The United States government is beginning to recognize the need for more advanced security measures to protect domestically produced technology and information, especially information that puts national security at risk. Specifically, the technology and information produced by United States defense industry companies should be protected from getting into the hands of our foreign adversaries at all costs. In response to the growing need for security measures, the United States government has implemented new programs, commissions, agencies, and projects to create more robust security systems and regulations. The United States should employ the most talented and experienced cybersecurity professionals to innovate and produce security systems that protect our nation’s most sensitive information. The government should then provide these systems to its defense industry companies at minimal cost and should require companies to use the best technology in its security measures. With or without the government’s assistance, defense industry companies within the United States must also implement their own measures of protection. Current policies offer little protection of sensitive and export controlled information including encrypted items and in- formation. In addition, the government should also provide the defense industry companies better guidance and access to resources in order to assist them in protecting the important information and encrypted items.207 For example, any new systems or software purchased by the United States should be made available to defense industry companies as the standard. If the government truly wishes to protect its most important technology and information, it should provide the new systems at minimal cost to the defense industry. Advancements in security programs should be shared with defense industry companies as soon as they are available and ready for use. Nevertheless, the government may not want to provide defense industry companies with the best security technology because in the event that the government needs to conduct an investigation, a company utilizing strong cyber- security and encryption software is much more difficult to investigate. Alternatively, the United States could update current regulations to require that defense industry companies must utilize specific security measures or face a penalty for failing to do so. Such regulation could require defense companies to implement more robust security pro- grams with updated security software. This is a less effective solution as the advancement in cyberattack technology increases so rapidly, and reformed regulations will likely be outdated as soon as they are implemented. It makes more sense to require that defense companies must implement the most updated software and programs determined by government security experts and cyber-security experts. Also, by allowing defense companies to decide which security companies it will work with, the defense companies obtain the option to shop for the best and most expensive program, or the company could choose the cheapest option, resulting in less efficient security. Cybersecurity regulations that are too specific run the risk of being outdated quickly, whereas broad requirements leave the option for companies to implement the lowest of security measures. Even if the government declines these suggested measures, defense industry companies should make the protection of their sensitive in- formation and encrypted items top priority. This method would re- quire complete buy-in from the senior management within the company and a thorough flow-down of cultural beliefs among its employees. A change in norms must be implemented, and defense industry personnel should be inundated with reminders on the importance of information security. Companies should provide employees with easy access to guidance, training, and assistance in handling, sharing, protecting, and exporting sensitive and export controlled information. Changing company culture takes time, and failure to change personnel beliefs will result in a lack of understanding and potential violations of export control regulations. In the worst cases, data spills and cyberattacks could result in the loss of sensitive or even classified in- formation that could jeopardize national security. Huge unauthorized data releases of sensitive information will negatively affect a company’s reputation thus affecting its ability to generate revenue. The risks in using and exporting encryption technology and sensitive information should be a major concern for defense industry companies. This concern should motivate the government to invest significant resources into compliance programs. Resources such as dedicated and qualified personnel can create policy and procedure to ensure compliance with United States government regulations, and the procedures will provide guidance and training to all employees. In addition, companies should employ IT security, data security, and counterintelligence personnel to work with the compliance team in innovating preventive measures and in addressing any potential data releases and export violations. Immediate actions and counter measures should be prioritized not just among the compliance and security teams but should be a known, expected response from all employees. In other words, cybersecurity norms should be instilled company-wide and thoroughly policed from within the company. How a company chooses to implement such measures remains discretionary, but a better resourced compliance department dedicated to implementing effective policies and responding quickly to potential issues will prevent export control violations and data releases of important information. Defense industry companies transfer export controlled information that may subject the United States to security risks. The United States responds to this risk by implementing regulations to control the high- risk exports. Defense industry companies must comply with these regulations. Therefore, defense industry companies should approach exports and cybersecurity from the standpoint that technology is always advancing—failure to simultaneously advance security and compliance measures will leave the country and the company vulnerable to attack.
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Dewan, Shameem A., and Roger E. Smith. "Modifying Local Agency Pavement Management System to Support Governmental Accounting Standards Board 34 Requirements." Transportation Research Record: Journal of the Transportation Research Board 1819, no. 1 (January 2003): 15–23. http://dx.doi.org/10.3141/1819a-04.
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The Metropolitan Transportation Commission pavement management system (MTC PMS) has been used by many cities and counties in the United States for more than 15 years. MTC PMS was evaluated to determine the extent to which the software can support the Governmental Accounting Standards Board (GASB) 34 reporting requirements, established in 1999. A local agency PMS can take information from a pavement network database to produce useful reports, which can be utilized jointly with the information from other assets managed by an agency to support the requirements for a comprehensive asset management system and other reporting requirements. The objective of this study was to elaborate GASB 34 requirements for reporting infrastructure assets, examine the capabilities of MTC PMS in supporting those standard requirements, and recommend any modifications of MTC PMS needed to better support GASB 34. It is evident from the study that MTC PMS has the capability, to some extent, of supporting GASB 34 for reporting on a pavement network according to both the GASB 34 reporting methods: the depreciation method and the modified approach. It partially supports the prerequisites for using the modified approach, which require that the managing agency have an asset management system with certain designated characteristics. Some modifications of MTC PMS software were proposed to make this management system more effective as a tool supporting an asset management system and overall GASB 34 requirements.
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Tarnopolsky, Walter S. "Le contrôle de la discrimination raciale au Canada." L'égalité devant la loi 18, no. 4 (April 12, 2005): 663–89. http://dx.doi.org/10.7202/042189ar.
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This article is divided into four parts: the first is a brief survey of race relations in Canada before the enactment of anti-discrimination legislation; the next two parts are devoted to an outline of the scope of this legislation and of the administration and enforcement of it ; finally, the last part suggests some current and possible future developments to make it more effective. Prior to the nineteenth century both the French and the British settlers in the colonies that have become a part of Canada had slaves. Slavery was not, however, very extensive due to lack of large agricultural holdings. At the end of the eighteenth century the legislature in Upper Canada and some judges in Lower Canada limited its expansion and helped to end its practice. The British Imperial Emancipation Act of 1833 brought it to an end. In the next few decades, up to the American Civil War, some Canadians helped run-away slaves from the slave-holding states in the United States, while others actively discouraged them from coming. By the end of the nineteenth century a new source of racial tension arose on the West Coast between the newer immigrants from Asia and the older immigrants from Europe. The result was the enactment of numerous discriminatory laws by the legislature of British Columbia and subsequently, on a lesser scale, by the other western provinces. Most of these remained on the statute books until after World War II. None of these laws were held invalid by the courts on the basis of their discriminatory nature. In addition, both the common law and the Civil Code were interpreted as not prohibiting private discrimination, except by hotel-keepers and common carriers. The change from this situation started in the I930's with a few specific legislative prohibitions of discrimination in specific instances. In the 1940's Ontario, with respect to signs and advertisements and Saskatchewan, with respect to a whole range of activities, enacted legislation prohibiting discrimination, enforcing their prohibitions with penal sanctions. The 1950's saw the introduction of fair employment and fair accommodation practices acts. By the I960's these were being consolidated into comprehensive human rights codes administered by human rights commissions. This trend has continued up to this year, with the result that all eleven jurisdictions have commissions charged with enforcing antidiscrimination codes or acts. The usual, but not invariable, procedure is the laying of a complaint, the investigation of it by the commission staff, an attempt to bring about a settlement and finally, failing that, a hearing before an adjudicative tribunal to determine whether an act of discrimination did occur and, if so, what redress is appropriate. In concluding, three suggestions are made regarding measures that could be taken to strengthen the effectiveness of anti-discrimination legislation: (I) contract compliance; (2) greater independence for the commissions from the government; and (3) giving the legislation paramountcy over other statutes.
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Goldstein, Jordan S., Jeffrey M. Switchenko, Madhusmita Behera, Christopher Flowers, and Jean L. Koff. "Insurance Status Impacts Survival in Burkitt Lymphoma." Blood 130, Suppl_1 (December 7, 2017): 916. http://dx.doi.org/10.1182/blood.v130.suppl_1.916.916.
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Abstract Introduction: Burkitt lymphoma (BL) is an aggressive non-Hodgkin lymphoma with an estimated 1480 new cases diagnosed in the United States in 2016. BL is simultaneously one of the most aggressive lymphomas, with a tumor volume doubling time of just 24 hours, and one of the most curable, with several clinical trials showing 3-year survival rates over 80%. However, recent studies have identified a significant discrepancy between clinical trial and "real-world" survival, implying access to care may play an important role in BL outcomes. A patient's insurance status represents a major factor in the utilization of cancer therapies and outcomes in the United States. Underinsured patients are more likely to be diagnosed at an advanced stage, receive substandard therapy, and have worse outcomes. We examined the effect of insurance status on survival in adults with BL and compared the impact of insurance status on BL outcomes to that seen in plasmablastic lymphoma (PBL), an aggressive lymphoma that has poor outcomes regardless of treatment. Methods: We used data from the National Cancer Database (NCDB), a nationwide, hospital-based cancer registry jointly sponsored by the American Cancer Society and American College of Surgeons that contains 34 million historical records and captures 75% of newly diagnosed cancer cases in the United States. Commission on Cancer (CoC)-accredited facilities report patients' vital status and date of death to the NCDB annually. We included patients > 18 years old diagnosed 2004-2014 with BL or PBL as the primary tumor who received all or part of initial course of treatment at the reporting facility. Patients missing information on insurance status or survival were excluded, as were those who had non-Medicare/Medicaid government insurance (VA, Indian Health Services). Chi-square tests were used to compare sociodemographic and clinical characteristics by insurance status. All analyses were performed for both BL and PBL and stratified on age 65, due to changes in eligibility for Medicare at that age. Kaplan-Meier survival curves were stratified by insurance status, and log-rank tests were performed. Univariate Cox proportional hazard models were generated to describe the unadjusted associations for the covariables, and multivariable Cox proportional hazard models were generated to estimate the hazard ratio (HR) associated with insurance status when adjusted for prognostic factors. Results: We identified 7,073 BL patients and 475 PBL patients in the NCDB who met inclusion criteria. Of the 5235 BL patients < 65 years, 65.0% had private insurance, 17.2% had Medicaid, 7.6% had Medicare, and 10.2% had no insurance. Of the 1838 BL patients ≥ 65 years, 12.9% had private insurance, 1.5% had Medicaid, 85% had Medicare, and 0.65% had no insurance. Uninsured and Medicaid-insured patients were more likely to be Hispanic or black, have lower socioeconomic status (SES), have B symptoms, be HIV-positive, and have a Charlson-Deyo comorbidity score ≥ 2 when compared with privately insured patients. Medicare patients were more likely to be female, have ≥1 comorbidity, and not receive chemotherapy treatment when compared to privately insured patients. BL patients without private insurance had significantly worse overall survival compared to those with private insurance, regardless of age group (adjusted HR age <65: uninsured 1.41 [95% confidence interval 1.2,1.7], Medicaid 1.17 [1,1.4], Medicare 1.5 [1.2,1.8]; adjusted HR age ≥ 65: uninsured 6 [2.1,17.3], Medicare 1.33 [1,1.8]; see Figure). Conversely, Cox regression models demonstrated that PBL patients without private insurance experienced no significant differences in overall survival in either age group. For BL patients age <65, low SES, presence of B symptoms, advanced stage, HIV-positive status, comorbidity score ≥ 2, and lack of treatment were significant, independent predictors of worse outcomes and contributed to the disparities in survival by insurance status. For BL age > 65, B symptoms, comorbidity score ≥ 2, and lack of treatment were significant, independent predictors of worse outcomes. Conclusion: We identified insurance status as an important predictor of clinical outcomes for BL. Our findings suggest that expanding access to care may improve survival disparities in BL, for which curative therapy exists, but not PBL, where more effective therapies are needed to improve outcomes. Disclosures Flowers: Celgene: Consultancy, Research Funding; Bayer: Consultancy; V Foundation: Research Funding; Research to Practice: Research Funding; Infinity: Research Funding; Acerta: Research Funding; National Institutes Of Health: Research Funding; Clinical Care Options: Research Funding; Educational Concepts: Research Funding; Abbvie: Consultancy, Research Funding; Pharmacyclics LLC, an AbbVie Company: Research Funding; OptumRx: Consultancy; Spectrum: Consultancy; Genentech/Roche: Consultancy, Research Funding; National Cancer Institute: Research Funding; Eastern Cooperative Oncology Group: Research Funding; Onyx: Research Funding; Burroughs Welcome Fund: Research Funding; TG Therapeutics: Research Funding; Prime Oncology: Research Funding; Millennium/Takeda: Research Funding; Janssen Pharmaceutical: Research Funding; Seattle Genetics: Consultancy; Gilead: Consultancy.
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Vicory, Alan H., and Peter A. Tennant. "Sustainable management of the Ohio River (USA) by an interjurisdictionally represented commission." Water Science and Technology 32, no. 5-6 (September 1, 1995): 193–200. http://dx.doi.org/10.2166/wst.1995.0600.
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In 1948 the Ohio River Valley Water Sanitation Commission (ORSANCO) was established to abate pollution of a major river basin in the United States. The commission consists of representatives of eight states in the Ohio River Valley and the United States Government. The necessity of such an interstate commission, representing multiple jurisdictions, reflects the nature of the Ohio River which is approximately 1,580 km in length, transverses six states, and is extensively used for public and industrial water supply, wastewater disposal, transportation, power generation and recreation. ORSANCO's programmes include coordination and communication, setting and enforcing wastewater discharge standards, operating key water quality monitoring programmes for the Ohio River and major tributaries, data assessments and studies to evaluate problems and programmes for remediation, and monitoring when spills occur. The Commission's approach to achieving improved water quality, while at the same time balancing the needs of the users of the river, is accomplished by successfully involving and integrating the various interests in river management (governmental agencies, industry, public utilities, other river users and the general public) into its programme planning and implementation. Thus an intergovernmental agency which encourages co-operation with non-governmental entities can be an effective approach to sustainable management of a major river.
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Velasco Tirado, Ana, Antonio F. Rodríguez, Celia Sevilla Sánchez, and Juan Manuel Rodríguez. "A Spanish Standard for defining Open Geographic Data." Abstracts of the ICA 1 (July 15, 2019): 1–2. http://dx.doi.org/10.5194/ica-abs-1-380-2019.
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<p><strong>Abstract.</strong> There are a wide variety of initiatives and guidelines recommending publishing government data, especially geospatial data as open data, for instance:</p><p>G8 launched in June 2013 in a meeting in Lough Erne (Ireland) the G8 Open Data Charter recognizing that Open Data improves Governance and it is an innovation engine. Geographic data where included as one of the areas of great value. The eight countries were committed to approve an action plan before 2013 October and yearly publish a report.</p><p>G20 and United Nations supports the International Open Data Charter since 2015 extending the former proposal to all the countries. Six basic principles are defined: data should be open by default, timely and comprehensive, accessible and usable, comparable and interoperable, for improved Governance and Citizen Engagement, and for inclusive development and innovation. Until now 19 national and 43 local governments has adopted the chart and 46 organisations has endorsed it.</p><p>The European Interoperability Framework v2, approved by the European Commission on March 2017 to improve the quality of European public services devotes a full section to explain what exactly Open Data is and to support it.</p><p>The United Nations Global Geographic Information Management (UN GGIM) recognizes in its Integrated Geospatial Information Framework – Part 1 Overarching Strategic Framework (July 2018) that geospatial information is a key component of the government’s open data agendas which stimulates opportunities and include government delivery systems focused on the citizen in an efficient and effective way.</p><p>But, although it seems there is a wide consensus on the positive effect of having governamental Open Data, and there is a common understanding of the theoretical meaning of Open Data (data with no barriers for use and reuse by everybody under any circumstances) there is not a common practical understanding about what Open Data is. In our opinion, the more detailed and precise technical definition of Open Data is due to the Open Knowledge International (opendefinition.org), but the problem is that there is not an Abstract Test Suite to check and verify if a dataset is published fulfilling the requirements defined in it.</p><p>By the other hand, Open Data are not yet widely implemented. The Global Open Data Index 2018 states that the National Map 1: 250,000 data are published as Open Data only in the 10 % of the countries studied. We think one of the reasons of the lack of implementation Open Geographic Data (OGD) is that there is no a standard easily verifiable technical definition of OGD.</p><p>Because of that, the Spanish Standardization Technical Committee 148 “Digital Geographic Information” decided in 2016 to define a Spanish standard on Open Geographic Data to have an objective procedure to verify and certify if a geospatial dataset is published or not as Open Data, as a tool to promote and support Open Data.</p><p>UNE 148004:2018 “Datos geográficos abiertos” (Open Geographic Data) was approved in 2018 after following the standard UNE processes, including two rounds of comments and one public information period. More than the eighty five per cent of the comments received were totally or partially accepted and we think the result reflects the consensus reached in the Spanish geographic data community around this topic.</p><p>This Spanish standard stablish a technical full and detailed definition of what exactly is Open Geographic Data (OGD) and defines a set of objective requirements to be fulfilled in order to publish a geographic dataset as Open Data. It is based in three main principles:</p><ul><li>Principle of minimizing barriers, following the idea that Open Data are data published without economic, technical and legal barriers for their use and reuse.</li><li>Principle of no-discrimination of any kind of users, field of application, social group and future use of data.</li><li>Principle of technological neutrality, which is in fact a particularization of the former one, stating that any user shall be discriminated on the basis of the technological solutions (browser, operating system, software…) he has chosen.</li></ul><p>Applying those general principles, UNE 148004:2018 defines four conceptual levels for geographic data in the way of progress towards having OGD: available, well described, under an open license and in an open format geographic data. It provides also an Abstract Test Suit for verifying and certifying, if required, Open Geographic Data.</p><p>In this communication a general approach to open geographic data, a justification for developing this standard and a brief and complete summary of its contents and prescription are given. We think this new Spanish standard will promote and support Open Data in the field of Geographic Information and we hope it will promote the progress and grow of the Spanish geospatial sector.</p>
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Guo, Feng, and Fen Zhou. "China’s Accession to Government Procurement Agreement under the Trump Administration’s Trade Policy." International Business Research 13, no. 1 (December 26, 2019): 237. http://dx.doi.org/10.5539/ibr.v13n1p237.
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China committed to initiate the accession to Government Procurement Agreement when it entered the WTO as a compromise to the requirements made by GPA parties, mostly the developed western countries such as the United States. China started its official attempt to join the GPA on December 28, 2007 by submitting the first offer to the GPA Commission. Six revised offer were then submitted during the past years. The position of the United States and China in international trade changed dramatically since then. This article finds that Trump Administration’s attitude toward China’s accession to GPA is mixed and the US government might impede China’s accession with the analysis on the current American foreign trade policy and the latest development in government procurement in the US’s related international agreements and domestic laws. However, this accession process can only be delayed but not terminated even if the standpoint of the US is proved to be negative due to the theoretical and technical analysis on GPA. Effective and significant measures will be taken by Chinese government since the president Xi Jinping made the statement to accelerate the accession to GPA in Boao Forum in early 2018.
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Carter, Lemuria, Ludwig Christian Schaupp, Jeffrey Hobbs, and Ronald Campbell. "E-Government Utilization." International Journal of Electronic Government Research 8, no. 1 (January 2012): 83–97. http://dx.doi.org/10.4018/jegr.2012010105.
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The implementation of Information and Communication Technologies (ICT) in the public sector has numerous benefits. Government administrators are aggressively seeking ways to enhance the development and implementation of more effective and efficient government services. One electronic government initiative that is growing in importance and popularity is electronic tax filing. This study explores the factors that contribute to e-file utilization. To test the proposed model a survey is administered to 152 taxpayers in the United States. Results of structural equation modeling indicate that performance expectancy, social influence, facilitating conditions, optimism bias, perceived reputation and risk all have a significant impact on e-government usage. Implications for research and practice are discussed.
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Whitmore, Andrew, and Namjoo Choi. "Reducing the Perceived Risk of E-Government Implementations." International Journal of Electronic Government Research 6, no. 1 (January 2010): 1–8. http://dx.doi.org/10.4018/jegr.2010102001.
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Perceived risk has been identified by the literature as a limiting factor in e-government adoption and success. However, there has been little effort spent examining how and why perceived risk comes to differ from actual probabilistic risk and the means by which the gap can be reduced. These questions were examined by applying the Social Amplification of Risk Framework to the case of e-government in the United States. Several factors that are known to exacerbate perceived risk were identified from the literature and shown to be in place in the United States. The presence of these factors suggests that more effective risk communication is required in order to realign perceived risk with probabilistic risk. Recommendations on how to improve e-government risk communication through technical and human means are provided.
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McKenzie, Ken, and Michael Smart. "Policy Forum: Business Tax Reform in the United States and Canada." Canadian Tax Journal/Revue fiscale canadienne 67, no. 1 (April 2019): 57–66. http://dx.doi.org/10.32721/ctj.2019.67.1.pf.mckenzie.
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The authors examine some of the key features of the US Tax Cuts and Jobs Act (TCJA) and discuss the implications for Canadian corporations and government revenues. They show that the tax advantage that Canada enjoyed prior to the TCJA has declined significantly, in terms of both statutory and effective (marginal and average) tax rates. They discuss the economic effects of possible responses to the TCJA by Canadian governments, including cutting statutory rates and accelerating tax depreciation deductions. Looking ahead, the authors argue that it would be preferable to focus on a more fundamental tax reform based on the taxation of economic rents.
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Capler, Jennifer. "A descriptive case study of effective decision-making of a local government organization in the United States of America." International Journal of Public Leadership 16, no. 3 (May 19, 2020): 279–97. http://dx.doi.org/10.1108/ijpl-12-2019-0090.
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PurposeThis article details a qualitative descriptive case study of affective factors of effective decision-making of one local government organization in the United States of America. The specific problem was that many elected American local government representatives lack effective decision-making strategies. This research focus indicated a lack of qualitative research on the real-world experience of factors that were taken into consideration during decision-making within American local government organizations.Design/methodology/approachUsing a local government organization in southwest Illinois, elected representatives were interviewed and observed. The interviews and observations surfaced how the representatives made decisions. Data were analyzed using manual coding and theming to determine themes and patterns.FindingsThe results produced six themes about factors, including emotional intelligence, which impacted decision-making. They are: (1) remembering the past, (2) communication and respect, (3) spurring economic growth and development, (4) fairness, (5) recognizing and removing emotions and bias and (6) accountability.Research limitations/implicationsBeing a single case study, this research is limited in generalization. The research was limited to the identification of current, real-world experience of elected local government representatives.Practical implicationsThe findings of this research can be used to create more effective decision-making practices for local government organizations of similar size.Originality/valueThis is the first study to review, in-depth, the decision-making and emotional intelligence factors of local government organizations in the United States of America. The conceptual background, discussion, implications to local government organizations, limitations and recommendations for future studies are discussed.
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Williams, Howard E., Scott W. Bowman, and Jordan Taylor Jung. "The Limitations of Government Databases for Analyzing Fatal Officer-Involved Shootings in the United States." Criminal Justice Policy Review 30, no. 2 (May 28, 2016): 201–22. http://dx.doi.org/10.1177/0887403416650927.
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Federal government databases recording officer-involved shooting fatalities are incomplete and unreliable. Voluntary reporting to the Supplementary Homicide Report (SHR), the National Vital Statistics System (NVSS), and the Arrest-Related Death Program (ARDP) are subject to underreporting and classification errors. The same shortcomings apply to statewide reporting in California and Texas, the only states with mandatory reporting requirements. Content analysis of open source records identified officer-involved shooting fatalities that occurred in the United States from January 1, 2006, through December 31, 2015. Those data were compared with data from the government databases. Analysis revealed 7,869 officer-involved shooting fatalities, an average increase of 51.8 incidents per year. Fatalities increased from 594 in 2006 to 1,007 in 2015—an increase of 69.5% in 10 years. Government data sources reported a low of 46.0% of incidents to a high of 75.3%, depending on the reporting year. Open source research reveals 30% to 45% more cases than official federal or state databases and can reveal much more data about other critical questions. The history of federal program efforts suggests it is unlikely that government recording of data on officer-involved shooting fatalities will improve. Government reporting programs have produced decreasingly effective results. Current web-based data collection efforts suffer from many of the same limitations exhibited in the federal programs. One promising option for improved data collection includes funding an independent party, such as a university, to collect data from open sources and supplement that data with public records requests and the currently collected official government data.
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John, Douglas F. "Marketing Alberta Natural Gas in the United States after the Free Trade Agreement: Negotiating the U.S. Regulatory Maze." Alberta Law Review 28, no. 1 (January 1, 1990): 94. http://dx.doi.org/10.29173/alr704.
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Although the border between Canada and the United States for natural gas has been open for some time now, the free-market development of natural gas industries is changing from short-term deal-making to long-term industry placement. Here the Canada-United States Free Trade Agreement will take on a critical role in permitting decisions on elements of trade to be made more confidently. This article focuses on key U. S. federal regulatory principles and programs and how Congress's intention in the Natural Gas Act has been carried through so that the federal government will no longer occupy the field of gas regulation, but ensure that where the use of that commodity involves the interests of two or more states, the overall national public interest would be protected. Therefore, producing states would regulate the physical production of gas before it enters the stream of interstate commerce as well as control matters entirely intrastate in nature. The future of contract demand conversions and gas inventory charges will allow customers to purchase gas from a variety of competitive suppliers without suffering a loss of service reliability. In effect gas inventory charges represent the Federal Energy Regulatory Commission's attempt to prevent pipelines from finding them selves with massive take-or-pay liabilities. Through Order No. 436, the Commission has attempted to streamline the regulatory approval process for pipeline construction projects and in turn to foster market competition. The author argues that rate reform is making its way towards what he feels is its natural conclusion where contract, rather than regulation, will be the principal determinant of right and obligation between industry participants at the interstate level. The Federal Energy Regulatory Commission would become more of a referee than director for questions of anti-competitive behaviour in the use of interstate facilities.
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Adas, Michael. "Improving on the Civilising Mission? Assumptions of United States Exceptionalism in the Colonisation of the Philippines." Itinerario 22, no. 4 (1998): 44–66. http://dx.doi.org/10.1017/s0165115300023500.
Full textAbstract:
Just days after William Howard Taft arrived in the Philippine Islands in early June 1900 to take up his position as the chairman of the five member commission charged with the task of establishing a civilian government for the newly annexed colony, he wrote to J.G. Schmidlapp, an old friend in Ohio, to assure him that he was settling quite comfortably into his exotic surroundings. Taft found the climate in Manila much more agreeable than he had been led to expect was possible in the tropics. The heat, he estimated, was comparable to Cincinnati during the summer months. He was also heartened by the ‘strong, healthy-looking’ young Americans he encountered in the streets of the capital, which he deemed as robust as any back home. But Taft drew a much larger lesson from the apparent ease of his own acclimation and that of his countrymen to the tropical locale. He concluded that though ‘it may be that it is the survival of the fittest […] it is evident that men can live here and be healthy’.
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Conrad, Mark. "The COVID-19 Pandemic, the Empowering Olympic, Paralympic, and Amateur Athletes Act, and the Dawn of a New Age of U.S. Olympic Reform." Journal of Legal Aspects of Sport 31, no. 1 (February 10, 2021): 1–59. http://dx.doi.org/10.18060/24919.
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In the fall of 2020, Congress enacted the first substantive changes in the governance of the Olympic Sports system in over four decades. The new law, The Empowering Olympic, Paralympic and Amateur Athletes Act, was passed in the wake of sexual abuse scandals that rocked certain sport governing bodies. In amending the 1978 Amateur Sports Act, the new law grants Congress the power to decertify the United States Olympic bodies, mandates greater athlete representation in governance, and increases funding to protect athletes through greater support of the U.S. Center for SafeSport. Aside from the decertification power, the most significant provision of the new law is the establishment of a Commission on the State of U.S. Olympics and Paralympics to review the governance of the United States Olympic and Paralympic Committee (“USOPC”) and make proposals for change. The Commission’s creation comes at a crucial time in U.S. Olympic governance. Due to the governance scandals, uncertain funding and the general national sports upheaval caused by the COVID-19 pandemic, this article advocates for more significant changesto the Olympic structure that the commission should consider, such as direct or indirect government funding for the USOPC and the sport governing bodies in return for adherence to more stringent transparency and ethical rules. Ideas that the Commission could consider include mandatory disclosure of information such as sponsorship agreements as well as compensation and bonus limitations for those in key leadership positions, the appointment of an inspector-general, and greater athlete involvement in the U.S. Olympic movement. The article also proposes more statutory changes such as a limited antitrust exemption and the end of special trademark protections for the USOPC.
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Ciechanowicz-McLean, Janina. "Odpowiedzialność państw za szkody wyrządzone w środowisku morskim." Gdańskie Studia Prawnicze, no. 3(43)/2019 (November 4, 2019): 191–202. http://dx.doi.org/10.26881/gsp.2019.3.15.
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The States’ responsibility is a fundamental institution of international law. The International law Commission – IlC expressed that in the Articles on responsibility of States for International Wrongful Acts. The principles and rules governing States are more clear and certain because they are set out in the United Nations Convention on the Law of the Sea – UNCLoS. UNCLoS and the Articles of ILC provide mechanisms to hold States respon- sible if they fail to fulfil their obligations to prevent, reduce and control pollutions of the marine environment. The dispute settlement procedures in UNCLoS provide remedies for an effective action that are not available in most fields of transboundary pollution.
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Robinson, A. "Rationale for cost-effective laboratory medicine." Clinical Microbiology Reviews 7, no. 2 (April 1994): 185–99. http://dx.doi.org/10.1128/cmr.7.2.185.
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There is virtually universal consensus that the health care system in the United States is too expensive and that costs need to be limited. Similar to health care costs in general, clinical laboratory expenditures have increased rapidly as a result of increased utilization and inflationary trends within the national economy. Economic constraints require that a compromise be reached between individual welfare and limited societal resources. Public pressure and changing health care needs have precipitated both subtle and radical laboratory changes to more effectively use allocated resources. Responsibility for excessive laboratory use can be assigned primarily to the following four groups: practicing physicians, physicians in training, patients, and the clinical laboratory. The strategies to contain escalating health care costs have ranged from individualized physician education programs to government intervention. Laboratories have responded to the fiscal restraints imposed by prospective payment systems by attempting to reduce operational costs without adversely impacting quality. Although cost containment directed at misutilization and overutilization of existing services has conserved resources, to date, an effective cost control mechanism has yet to be identified and successfully implemented on a grand enough scale to significantly impact health care expenditures in the United States.
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Stephens, J. Mark, Samuel Brotherton, Stephan C. Dunning, Larry C. Emerson, David T. Gilbertson, Matthew Gitlin, Ann C. McClellan, William M. McClellan, and Sanatan Shreay. "High Costs of Dialysis Transportation in the United States: Exploring Approaches to a More Cost-effective Delivery System." Journal of Health Economics and Outcomes Research 1, no. 2 (August 28, 2013): 134–50. http://dx.doi.org/10.36469/9861.
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Background: The costs of transporting end-stage renal disease (ESRD) patients to dialysis centers are high and growing rapidly. Research has suggested that substantial cost savings could be achieved if medically appropriate transport was made available and covered by Medicare. Objectives: To estimate US dialysis transportation costs from a purchaser’s perspective, and to estimate cost savings that could be achieved if less expensive means of transport were utilized. Methods: Costs were estimated using an actuarial model. Travel distance estimates were calculated using GIS software from patient ZIP codes and dialysis facility addresses. Cost and utilization estimates were derived from fee schedules, government reports, transportation websites and peer-reviewed literature. Results: The estimated annual cost of dialysis transportation in the United States is $3.0 billion, half of which is for ambulances. Most other costs are due to transport via ambulettes, wheelchair vans and taxis. Approximately 5% of costs incurred are for private vehicle or public transportation use. If ambulance use dropped to 1% of trips from the current 5%, costs could be reduced by one-third. Conclusions: Decision-makers should consider policies to reduce ambulance use, while providing appropriate levels of care.
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Ghaleh Teimouri, Kamran Jafarpour, and Seyed Mohammad Taghi Raeissadat. "IMPACT OF THE UNITED STATES AND CHINA TRADE WAR ON GROWTH IN ASEAN COUNTRIES." International Journal of Research -GRANTHAALAYAH 7, no. 3 (March 31, 2019): 64–78. http://dx.doi.org/10.29121/granthaalayah.v7.i3.2019.944.
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For more than a century, American had the biggest economy and the highest Gross Domestic Product (GDP) about 24.1%. On the other side of the world. Recently, China with 15.1% Gross Domestic Product (GDP) placed as the second biggest and the most influential economy in the world in 2017 (World Bank, 2019). Therefore, China and United States together have over 40% of the world GDP with the huge spatial economic influence in the world. The impact of a trade war between the United States and China has a negative influence in other countries and regions in particular in the ASEAN countries. The ASEAN countries are very exposed to China and United States they are more vulnerable to trade war between the United States and China. This study first evaluates the degree of negative impact of China and United States trade war on ASEAN countries. After that, show how an effective regional economic integration can minimize such problems in future. This research is based on available secondary data in United States government reports (e.g., United States Department of State, Office of United States trade) and (e.g. OCBC Bank and ASEAN). Based on data and research the descriptive-analytical method is used in this paper.
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Walls, Margaret, and Yusuke Kuwayama. "Evaluating Payments for Watershed Services Programs in the United States." Water Economics and Policy 05, no. 04 (October 2019): 1950003. http://dx.doi.org/10.1142/s2382624x19500036.
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We review 15 forest watershed protection programs in the United States in which a local government agency or water provider collects payments from downstream service beneficiaries, such as water consumers, and pays upstream forest landowners for provision of watershed services. We describe the features of these Payments for Watershed Services (PWS) programs, focusing on funding sources, how the payment mechanisms work, and outcomes achieved. We also assess the extent to which the programs adhere to the economic principles that are associated with efficient or cost effective PWS schemes. In general, we find that payments in the programs do not closely reflect the marginal value of the service provided. Payments received by landowners mainly reflect the landowners’ opportunity costs. Fees paid by water consumers are set to yield revenue targets and/or reflect the avoided cost of additional water filtration and treatment. The programs appear to yield societal benefits, primarily through cost savings, but data from program outcomes is limited and more rigorous analysis of both the benefits and costs would be worthwhile.
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DiBlasi, Lora. "From Shame to New Name: How Naming and Shaming Creates Pro-Government Militias." International Studies Quarterly 64, no. 4 (August 17, 2020): 906–18. http://dx.doi.org/10.1093/isq/sqaa055.
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Abstract Researchers have identified naming and shaming as a strategy used by the international community to reprimand state leaders for their repressive actions. Previous research indicates that there is variation in the success of this tactic. One reason for the heterogeneity in success is that leaders with an interest in repressing opposition but avoiding international condemnation have adapted their behavior, at least partially, to avoid naming and shaming. For instance, some states choose to create and utilize alternative security apparatuses, such as pro-government militias (PGMs), to carry out these repressive acts. Creating or aligning with PGMs allows leaders to distance themselves from the execution of violence while reaping the rewards of repression. This analysis explores this dynamic. In particular, I examine how naming and shaming by Amnesty International and the United Nations Commission on Human Rights influences the creation of PGMs to skirt future international condemnation by the offending state for all states from 1986 to 2000. I find that countries are more likely to create PGMs, especially informal PGMs, after their human rights abuses have been put in the spotlight by the international community.
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Schwoerer, Kayla. "Individuals’ Use of Twitter to Discuss Freedom of Information in the United States: A Social Network Analysis." Journal of Civic Information 1, no. 2 (December 18, 2019): 45–59. http://dx.doi.org/10.32473/joci.v1i2.119010.
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This study employs social network analysis to examine more than 10,000 Twitter interactions that include the U.S. Freedom of Information Act hashtag (#FOIA) to understand who is engaging online, and to what extent. The analysis finds evidence of a dynamic conversation online among citizens, journalists, advocates, and public agencies. Findings offer insights into how citizens are using social media to engage with government and one another in conversations around important public policies, such as government transparency, as well as how technologies such as social media can be leveraged to better understand citizens’ interest. The study also found a significant increase in tweets during national Sunshine Week, a vehicle that increases national dialogue about FOI, and highlights effective social media strategies employed by MuckRock and other advocacy organizations.
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Banta, H. David. "PERSPECTIVE: SOME CONCLUSIONS FROM MY LIFE IN HEALTH TECHNOLOGY ASSESSMENT." International Journal of Technology Assessment in Health Care 34, no. 2 (2018): 131–33. http://dx.doi.org/10.1017/s0266462318000107.
Full textAbstract:
I have worked in health technology assessment (HTA) since 1975, beginning in the United States Congress Office of Technology Assessment (OTA), where we were charged with defining “medical technology assessment”. My main concern in HTA has always been efficacy of healthcare interventions. After years in OTA, I was invited to the Netherlands in 1985, where the Dutch government invited me to head a special commission concerning future healthcare technology and HTA. From there, I became involved in over forty countries, beginning in Europe and then throughout the world. My most intense involvements, outside the United States and Europe, have been in Brazil, China, and Malaysia. During these 40-plus years, I have seen HTA grow from its earliest beginnings to a worldwide force for better health care for everyone. I have also had some growing concerns, outlined in this Perspective article. Within HTA, I am most disappointed by a narrow perspective of cost-effective analysis, which tends to ignore considerations of culture, society, ethics, and organizational and legal issues. In the general environment affecting HTA and health care, I am most concerned about the need to protect the independence of HTA activities from influences of the healthcare industries.
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Jones-Jamtgaard, Kellyann N., and Connie M. Lee. "A quick guide to effective grassroots advocacy for scientists." Molecular Biology of the Cell 28, no. 16 (August 2017): 2155–58. http://dx.doi.org/10.1091/mbc.e17-03-0170.
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The current political climate in the United States has mobilized scientists to become more cognizant of the need to advocate for sustainable science funding from the federal government and for acceptance of evidence-based policy making that relies on the best available scientific data. Many scientists, however, do not learn about science policy or how to advocate in Washington, D.C., or at the local level as part of their scientific training. Here we explain why science advocacy is important and provide steps on how to get involved by communicating with elected officials and engaging in the local community.
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Manchikanti, Laxmaiah. "Opioid Epidemic in the United States." July 2012 3S;15, no. 3S;7 (July 14, 2012): ES9—ES38. http://dx.doi.org/10.36076/ppj.2012/15/es9.
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Over the past two decades, as the prevalence of chronic pain and health care costs have exploded, an opioid epidemic with adverse consequences has escalated. Efforts to increase opioid use and a campaign touting the alleged undertreatment of pain continue to be significant factors in the escalation. Many arguments in favor of opioids are based solely on traditions, expert opinion, practical experience and uncontrolled anecdotal observations. Over the past 20 years, the liberalization of laws governing the prescribing of opioids for the treatment of chronic non-cancer pain by the state medical boards has led to dramatic increases in opioid use. This has evolved into the present stage, with the introduction of new pain management standards by the Joint Commission on the Accreditation of Healthcare Organizations (JCAHO) in 2000, an increased awareness of the right to pain relief, the support of various organizations supporting the use of opioids in large doses, and finally, aggressive marketing by the pharmaceutical industry. These positions are based on unsound science and blatant misinformation, and accompanied by the dangerous assumptions that opioids are highly effective and safe, and devoid of adverse events when prescribed by physicians. Results of the 2010 National Survey on Drug Use and Health (NSDUH) showed that an estimated 22.6 million, or 8.9% of Americans, aged 12 or older, were current or past month illicit drug users, The survey showed that just behind the 7 million people who had used marijuana, 5.1 million had used pain relievers. It has also been shown that only one in 6 or 17.3% of users of non-therapeutic opioids indicated that they received the drugs through a prescription from one doctor. The escalating use of therapeutic opioids shows hydrocodone topping all prescriptions with 136.7 million prescriptions in 2011, with all narcotic analgesics exceeding 238 million prescriptions. It has also been illustrated that opioid analgesics are now responsible for more deaths than the number of deaths from both suicide and motor vehicle crashes, or deaths from cocaine and heroin combined. A significant relationship exists between sales of opioid pain relievers and deaths. The majority of deaths (60%) occur in patients when they are given prescriptions based on prescribing guidelines by medical boards, with 20% of deaths in low dose opioid therapy of 100 mg of morphine equivalent dose or less per day and 40% in those receiving morphine of over 100 mg per day. In comparison, 40% of deaths occur in individuals abusing the drugs obtained through multiple prescriptions, doctor shopping, and drug diversion. The purpose of this comprehensive review is to describe various aspects of crisis of opioid use in the United States. The obstacles that must be surmounted are primarily inappropriate prescribing patterns, which are largely based on a lack of knowledge, perceived safety, and inaccurate belief of undertreatment of pain. Key words: Opioid abuse, opioid misuse, nonmedical use of psychotherapeutic drugs, nonmedical use of opioids, National Survey on Drug Use and Health, opioid guidelines.
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Linz, Daniel, Steven D. Penrod, and Edward Donnerstein. "The Attorney General's Commission on Pornography: The Gaps Between “Findings” and Facts." American Bar Foundation Research Journal 12, no. 04 (1987): 713–36. http://dx.doi.org/10.1111/j.1747-4469.1987.tb00555.x.
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The Attorney General's Commission on Pornography was asked by the president of the United States to “review the available empirical evidence on the relationship between exposure to pornographic materials and antisocial behavior [and to explore] possible roles and initiatives that the Department of Justice and agencies of local, State, and federal government could pursue in controlling, consistent with constitutional guarantees, the production and distribution of pornography” (at 216). The Commission undertook this review during several public meetings held across the country in 1986 and, as a result of the review, concluded that there is a causal relationship between exposure to many forms of pornography and several harmful effects including increased levels of violence against women. The Commission called for stricter enforcement of existing obscenity laws and serious consideration of additional legal measures. These measures include amending the federal obscenity laws to prohibit the transmission of obscene material through the telephone and eliminating the “utterly without redeeming value” clause found in some state obscenity statutes. In all, the Commission made 92 recommendations involving changes in existing federal, state, and local obscenity laws. Without exception, the recommendations for legal changes call for greater restrictions on sexually explicit material and more stringent enforcement of current obscenity law.
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Mathys, François-Antoine. "Accord de coopération dans l'Arctique entre le Canada et les États-Unis d'Amérique." Canadian Yearbook of international Law/Annuaire canadien de droit international 25 (1988): 345–53. http://dx.doi.org/10.1017/s0069005800003234.
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SummaryThe Arctic Cooperation Agreement signed at Ottawa on January 11, 1988 deals strictly with movements of United States government-owned or government-operated icebreakers. In future, the United States will seek Canada's prior consent for each and every transit of United States icebreakers through the waters of the Canadian Arctic archipelago. The Agreement provides Canada with more effective control over the waters of the Arctic archipelago than it had at the time of the Polar Sea voyage through the Northwest Passage in 1985. The Agreement does not resolve the legal dispute between Canada and the United States over the status of the Canadian Arctic waters. It does not affect the legal position of either country. Canada takes the view that the waters of the Arctic archipelago are internal waters by virtue of historic title. The United States, on the other hand, takes the position that these Arctic waters are international straits subject to the right of innocent passage or the right of transit passage. The Agreement does not cover the movements of U.S. naval vessels, including submarines, which are in accordance with Alliance commitments and relevant bilateral arrangements. U.S. (and other foreign flag) commercial vessels operating in Canadian Arctic waters have to conform, as in the past, with the provisions of the Arctic Waters Pollution Prevention Act and other relevant laws and regulations.
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Skodvin, Tora, and Steinar Andresen. "Nonstate Influence in the International Whaling Commission, 1970–1990." Global Environmental Politics 3, no. 4 (November 1, 2003): 61–86. http://dx.doi.org/10.1162/152638003322757934.
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The role of nonstate actors in international environmental politics has been given increased scholarly attention during the last decade. While most analyses are focused on direct nonstate influence at the international level, one main objective of this article is to develop a multi-level approach that allows analysis of nonstate influence channeled via the domestic decision making level. The point of departure for the analysis is the International Whaling Commission (IWC) during the period from 1970 to 1990, with a particular focus on the competition for influence characterizing the relationship between the scientific community and the environmental and animal rights movement. The analysis shows that domestic channels of influence may be equally, or even more important than channels of influence linked to the international decision making level. In the case of the IWC, for instance, the environmental and animal rights movement succeeded in mobilizing domestic public support, particularly in the United States, and had a key ally in the US government, Congress and Administration. The domestic role of this nonstate actor was of key importance to its success in influencing the development of the international whaling regime. The analysis shows, therefore, that examining the role of the domestic channel is integral to understanding nonstate influence on international policy-making, and particularly how some nonstate actors acquire influence at the expense of others.
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Smith, David E. "A House for the Future: Debating Second Chamber Reform in the United Kingdom." Government and Opposition 35, no. 3 (July 2000): 325–44. http://dx.doi.org/10.1111/1477-7053.00031.
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The publication of the report of the royal commission on the Reform of the House of Lords, A House for the Future, provides an occasion to look at second chambers and bicameralism in Anglo- American democracies. This limited focus is not for want of subject matter: the Inter-Parliamentary Union reports that of 178 parliamentary democracies in 1996, 58 were bicameral. Nor is the subject of second chambers, while never popular, a neglected area of inquiry at present. In fact, more has been published on the topic in the past four years than at any time in recent memory. The reason for focusing on Anglo-American countries is that they are the democracies where upper chambers are being transformed today. In response to events unique to themselves, Canada, Australia and the United Kingdom have of late looked beyond responsible government as traditionally defined and begun to examine the role of their second chambers. The United States warrants inclusion because it is the founder of the theory of modern bicameralism.
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Hubbell, Larry, and Veli Kreci. "The Importance of Introducing a Merit-Based Hiring System in North Macedonian Governments." SEEU Review 14, no. 2 (December 1, 2019): 122–34. http://dx.doi.org/10.2478/seeur-2019-0023.
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AbstractIn this article, the authors present several topics related to the nascent development of a merit-based hiring system in North Macedonia. This paper employs a normative approach. We advocate for a merit-based hiring system, similar to the American model. First, we explore the pressure exerted by the European Commission to adopt a merit-based system at all levels of government as a condition for entry into the European Union. Second, we delve into the patronage system in North Macedonia. Third, we provide a short history of patronage in the United States and the difficulty that nation had in curbing its entrenched patronage system. Fourth, we discuss the advantages of a merit-based hiring system, namely the creation of good governance, the improvement of employee morale, the development of more public confidence in government, the reduction of the influence of ethnic politics and the furtherance of the rule of law. Finally, we present an example drawn from the American federal government about the basic procedures of a merit-based hiring process.
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McKercher, B. J. C. "From Enmity to Cooperation: The Second Baldwin Government and the Improvement of Anglo-American Relations, November 1928–June 1929." Albion 24, no. 1 (1992): 65–88. http://dx.doi.org/10.2307/4051243.
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One of the pervading interpretations of Anglo-American relations in the interwar period is that the advent of James Ramsay MacDonald's Labour government in June 1929 set in train the series of events that ended bitter relations between Britain and the United States, bitterness which had been caused by the naval question. There are several strands to this: first, that the American policy pursued by the Conservative second Baldwin government from November 1924 to June 1929, and especially after the failure of the Coolidge naval conference in the summer of 1927, was bankrupt; second, that MacDonald was more amenable to settling British differences with the Americans than were his Conservative predecessors and, that being so, softened the hardline towards the United States that had marked Conservative foreign and naval policy for more than two years; and, finally, that MacDonald's decision to travel to the United States on what proved to be a very successful visit in the autumn of 1929 to meet Herbert Hoover, the new president, to discuss outstanding issues personally, was a major diplomatic coup. Some of this received version is true. No one can doubt that MacDonald and his Labour ministry played a crucial role in helping to ameliorate the crisis that had been dogging good Anglo-American relations for more than two years before June 1929. The Labour Party constituted the government when the London naval conference of 1930 ended the period of Anglo-American naval rivalry. Moreover, for six months before that conference convened, Labour had conducted effective diplomacy in preparing for its deliberations.
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Tejan-Cole, Abdul. "The complementary and conflicting relationship between the Special Court for Sierra Leone and the Truth and Reconciliation Commission." Yearbook of International Humanitarian Law 5 (December 2002): 313–30. http://dx.doi.org/10.1017/s1389135900001100.
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Societies emerging from political turmoil and civil unrest associated with gross violations of human rights and humanitarian law face the crucial question of how to deal with these atrocities and put the past in its place. Since the 1980s, this problem has been a major preoccupation of international law and scholarship. The traditional responses include outside intervention in such states pursuant to Chapter VII powers under the United Nations Charter, grants of conditional amnesty to perpetrators of war crimes and crimes against humanity, grants of some form of unconditional amnesty, and prosecution of perpetrators.Nowhere is this question more pressing than in Sierra Leone, which recently emerged from a ten-year civil war characterized by systematic, serious and widespread violations of human rights and international humanitarian law. The Government of Sierra Leone had to make a choice between these four traditional strategies for dealing with these pervasive human rights violations.
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Sturm, Roland. "Budgetary Policy‐Making under Institutional Restrictions: The Experience of Britain, France, West Germany and the United States." Government and Opposition 21, no. 4 (October 1, 1986): 437–55. http://dx.doi.org/10.1111/j.1477-7053.1986.tb00031.x.
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POLITICIANS LIKE TO BE REGARDED AS EFFECTIVE IN THE WORK THEY do. They insist that the promises they make and the programmes they decide on are more than mere declarations of goodwill. To practise what they preach is of special importance to governments which stress that their policies are substantially different from the policies of their predecessors. Thus, a departure from conventional politics on the model of the social-democratic consensus was asserted by the previously more pragmatic, now more ideologically minded, Conservative governments in Britain (1979), the United States (1980) and to some degree also by the electoral successes of Conservative parties in West Germany (1983) and France (1986). The conservative ground-swell in current government policies in Western democracies is, however, not restricted to the countries mentioned here, although Britain and the United States have played a special role as pathfinders for the political reorientation process.
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Hernández-Truyol, Berta Esperanza. "Resolution 1106 (2168/18) (OAS), Precautionary Measure No. 731–18, & Precautionary Measure No. 505-18 (IACHR)." International Legal Materials 58, no. 2 (April 2019): 371–98. http://dx.doi.org/10.1017/ilm.2019.8.
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In the spring of 2018, the White House and executive agencies issued a series of orders aimed at more aggressive enforcement against irregular entry of migrants at the southwest border. In analyzing the legal validity of the new U.S. immigration policy decisions, the Inter-American System questioned and strongly condemned the U.S. policy and practice of separating migrant families. On June 29, 2018, the Permanent Council of the Organization of American States (OAS) issued a resolution that rejected any migration policy that resulted in the separation of families. Specifically, it urged the U.S. government to implement measures to avoid the separation of families, to seek unification of children and parents already separated, and to promote the identification of migrants and refugee seekers in accordance with international law. After the issuance of the resolution, the Inter-American Commission on Human Rights (IACHR) granted Precautionary Measure No. 731–18, Regarding Migrant Children Affected by the “Zero Tolerance” Policy Regarding the United States of America (the children's measure), and Precautionary Measure No. 505–18, Concerning Vilma Aracely López Juc de Coc and Others Regarding the United States of America (the parents’ measure), both of which recognized that the rights to family life and personal integrity were at risk.
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Hook, Cayce J., and Hazel Rose Markus. "Health in the United States: Are Appeals to Choice and Personal Responsibility Making Americans Sick?" Perspectives on Psychological Science 15, no. 3 (February 25, 2020): 643–64. http://dx.doi.org/10.1177/1745691619896252.
Full textAbstract:
The United States suffers high rates of preventable lifestyle disease despite widespread calls for people to take responsibility for their health. The United States also stands out in its rejection of government action to guide industry practices and consumer choices. Why? We examine how deeply rooted cultural narratives about “free choice” and “personal responsibility” infuse policymaking, advertising, media, social norms, and individual attitudes about health in the United States. We argue that these narratives contribute to ill health in the United States: They encourage stress and worry over health, blame and stigmatization of the unhealthy, widened health disparities, and the failure to adopt policies that could save lives. Psychologists can play a major role in expanding narratives about health so that they include the role of personal choice and responsibility but also reflect current science about the physical, social, and cultural drivers of health. These broader narratives can be used to promote a more comprehensive understanding of health and to better inform the design, communication, and implementation of effective health-supportive policies.
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Kay, Adrian, Gillian Bristow, Mark McGovern, and David Pickernell. "Fair Division or Fair Dinkum? Australian Lessons for Intergovernmental Fiscal Relations in the United Kingdom." Environment and Planning C: Government and Policy 23, no. 2 (April 2005): 247–61. http://dx.doi.org/10.1068/c38m.
Full textAbstract:
Current arguments in Australia concerning horizontal fiscal equalisation may help inform the debate in the United Kingdom concerning possible changes to the Barnett formula and the establishment of financial relations with any regional governments in England. Although Australia is a long-established federation, with mature institutions for managing the financial aspects of intergovernmental relations, the most populous states are now pushing for a per-capita-based system to replace the existing formula—based on needs and costs—overseen by the independent Commonwealth Grants Commission. This has important implications for the United Kingdom, where the Barnett formula—a per capita system for deciding annual changes in the funding for the devolved administrations—has been increasingly challenged. In particular, the Barnett system has been vulnerable to nontransparent ‘formula-bypass’ agreements. We argue that the status quo in the United Kingdom appears secure as long as England remains a single entity and the UK Treasury sees the financial implications of larger per capita expenditure in Scotland, Wales, and Northern Ireland as relatively small. However, we speculate that regionalisation of government in England would be likely to increase the pressure: to abandon the Barnett system; to look more systematically at need and cost, rather than population, as criteria for allocating funds between governments; and to move towards an Australian-type system. However, the recent experience of Australia also shows that larger states prefer a per-capita-based system allied to more political, less transparent, arrangements to deal with ‘special circumstances’. It may be that a Barnett-type formula would suit the new ‘dominant states’ in a fully federalised United Kingdom which would, ironically, create an alliance of interests between Scotland and London.
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Low, Nicola, Matthias Egger, Anna Gorter, Peter Sandiford, Alcides González, Johanna Pauw, Jane Ferrie, and George Davey Smith. "Aids in Nicaragua: Epidemiological, Political, and Sociocultural Perspectives." International Journal of Health Services 23, no. 4 (October 1993): 685–702. http://dx.doi.org/10.2190/1p6n-bpdw-m7bm-p2dr.
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The AIDS epidemic in Nicaragua is several years behind that in the United States and neighboring countries of Central and South America. A combination of events, including the isolation caused by the war of the U.S.-backed Contra army against the Sandinista government, the complete economic embargo imposed on Nicaragua by the United States in 1985, self-sufficiency for blood products, and a low rate of recreational injectable-drug use, have contributed to this situation. Since the Sandinistas were defeated in the general election of 1990, people have returned to Nicaragua from areas where HIV is more prevalent, such as Honduras and the United States. It is probable that many HIV-infected persons have now entered the country. Because of the high rates of sexually transmitted diseases and cultural factors such as “machismo,” HIV is likely to spread rapidly by heterosexual transmission, unless effective, culturally appropriate education and sexually transmitted disease prevention programs are implemented now.
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Turner, Kea, Vincent Staggs, Catima Potter, Emily Cramer, Ronald Shorr, and Lorraine C. Mion. "Fall prevention implementation strategies in use at 60 United States hospitals: a descriptive study." BMJ Quality & Safety 29, no. 12 (March 18, 2020): 1000–1007. http://dx.doi.org/10.1136/bmjqs-2019-010642.
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BackgroundTo guide fall prevention efforts, United States organisations, such as the Joint Commission and the Agency for Healthcare Research and Quality, have recommended organisational-level implementation strategies: leadership support, interdisciplinary falls committees, electronic health record tools, and staff, family and patient education. It is unclear whether hospitals adhere to such strategies or how these strategies are operationalised.ObjectiveTo identify and describe the prevalence of specific hospital fall prevention implementation strategies.MethodsIn 2017, we surveyed 80 US hospitals participating in the National Database of Nursing Quality Indicators who volunteered for the study. We conducted descriptive statistics by calculating percentages for categorical variables and the median and IQR for count variables.ResultsA total of 60/80 (75%) of hospitals completed the survey. The majority of hospitals were not-for-profit (98%) and urban (90%); more than half were Magnet (53%), small (53%) and teaching (52%). Hospitals were more likely to use leadership strategies, such as updating fall policies in the past 3 years (98%) but less likely to reward staff (40%). Hospitals commonly used interdisciplinary falls committees (83%) but membership rarely included physicians. Hospitals lacked access to electronic health record tools, such as high-risk medication warnings (27%). Education strategies were commonly used; 100% of hospitals provided fall education at staff orientation, but only 22% educated all employees (not just nursing staff).ConclusionsOur study is the first to our knowledge to examine which expert-recommended implementation strategies are being used and how they are being operationalised in US hospitals. Future studies are needed to document fall prevention implementation strategies in detail and to test which implementation strategies are most effective at reducing falls. Additionally, research is needed to evaluate the quality of implementation (eg, fidelity) of fall prevention interventions.
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Dolgoshein, P. S. "Improving the Regulatory Framework for Countering Extremism in the European Union (Case Study of Finland)." Moscow Journal of International Law, no. 1 (March 31, 2021): 89–102. http://dx.doi.org/10.24833/0869-0049-2021-1-89-102.
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INTRODUCTION. The article, using the example of the Republic of Finland, analyzes the activities of the European Union (hereinafter referred to as the EU) to improve the legal regulation of countering extremism. The influence of the EU on the tackling against extremism and radicalism in the Republic of Finland is examined. The role of the EU in countering global threats, the position of Finland in relation to international co- operation in countering extremism and radicalism is assessed. The methods used in Finland to counter violent extremism are being studied.MATERIALS AND METHODS. The article examines the conceptual documents of the UN, EU and Finland; Report of the Secretary-General of the United Nations, an action plan to prevent violent extremism, Commission Staff Working Paper; Comprehensive assessment of the EU security policy; Message from the Commission to the European Parliament, European Council Ninth report on progress towards an effective and genuine Security Union; Finland's response to OHCHR's request for information on how the protection and promotion of human rights contribute to preventing and combating violent extremism; Finland's Chairmanship Program for the Sustainable Europe Sustainable Future program; Decision of the Commission on the creation of the Expert Group of the HighLevel Commission on Radicalization, Report of the Council of Europe Committee on Counter-Terrorism, Anti-Terrorism Profiles Finland, Report of the Government of Finland on human rights for 2014; decisions of the Expert Group of the High-Level Commission on Radicalization; Human Rights Council materials.RESEARCH RESULTS. The author puts forward the thesis that the measures used to counter violent extremism depend on the needs of Member States and require the development of various approaches, depending on specific circumstances. In the addition, there is a common interest in EU member states in further expanding the exchange of experience and close cooperation between various national actors at the pan-European and international levels to counter extremism and radicalism. These measures require the development of new regulatory measures, including international ones. The author believes it is possible and interesting, using the example of the Republic of Finland, to study the level of interaction and cooperation between the Member States and the European Union in the field of im- proving the legal regulation of countering extremism, as well as the measures used in Finland to prevent and combat violent extremism.DISCUSSION AND CONCLUSIONS. In EU Member States, the European Union plays a key role in shaping international cooperation, which includes strengthening the existing governance system and, when necessary, reforming the existing system for preventing and countering violent extremism, subject to the fundamental principles of the United Nations. The Republic of Finland fully supports the efforts of the international community to prevent and counter extremism, through the development of international anti-extremism instruments to help states collectively combat this threat. The educational system of Finland can successfully form the fundamental foundations for countering violent extremism.
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Zhang, Yuanyuan, and Yuming Zhang. "Examining the Relationship between Household Vehicle Ownership and Ridesharing Behaviors in the United States." Sustainability 10, no. 8 (August 2, 2018): 2720. http://dx.doi.org/10.3390/su10082720.
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To improve the sustainability and efficiency of transport systems, communities and government agencies throughout the United States (US) are looking for ways to reduce vehicle ownership and single-occupant trips by encouraging people to shift from driving to using more sustainable transport modes (such as ridesharing). Ridesharing is a cost-effective, sustainable and effective alternative transportation mode that is beneficial to the environment, the economy and society. Despite the potential effect of vehicle ownership on the adoption of ridesharing services, individuals’ ridesharing behaviors and the interdependencies between vehicle ownership and ridesharing usage are not well understood. This study aims to fill the gap by examining the associations between household vehicle ownership and the frequency and probability of ridesharing usage, and to estimate the effects of household vehicle ownership on individuals’ ridesharing usage in the US. We conducted zero-inflated negative binomial regression models using data from the 2017 National Household Travel Survey. The results show that, in general, one-vehicle reduction in households was significantly associated with a 7.9% increase in the frequency of ridesharing usage and a 23.0% increase in the probability of ridesharing usage. The effects of household vehicle ownership on the frequency of ridesharing usage are greater for those who live in areas with a higher population density than those living in areas with a lower population density. Young people, men, those who are unable to drive, individuals with high household income levels, and those who live in areas with rail service or a higher population density, tend to use ridesharing more frequently and are more likely to use it. These findings can be used as guides for planners or practitioners to better understand individuals’ ridesharing behaviors, and to identify policies and interventions to increase the potential of ridesharing usage, and to decrease household vehicle ownership, depending on different contextual features and demographic variables. Comprehensive strategies that limit vehicle ownership and address the increasing demand for ridesharing have the potential to improve the sustainability of transportation systems.
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Berry, Scott R., Chaim M. Bell, Peter A. Ubel, William K. Evans, Eric Nadler, Elizabeth L. Strevel, and Peter J. Neumann. "Continental Divide? The Attitudes of US and Canadian Oncologists on the Costs, Cost-Effectiveness, and Health Policies Associated With New Cancer Drugs." Journal of Clinical Oncology 28, no. 27 (September 20, 2010): 4149–53. http://dx.doi.org/10.1200/jco.2010.29.1625.
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Purpose Oncologists in the United States and Canada work in different health care systems, but physicians in both countries face challenges posed by the rising costs of cancer drugs. We compared their attitudes regarding the costs and cost-effectiveness of medications and related health policy. Methods Survey responses of a random sample of 1,355 United States and 238 Canadian medical oncologists (all outside of Québec) were compared. Results Response rate was 59%. More US oncologists (67% v 52%; P < .001) favor access to effective treatments regardless of cost, while more Canadians favor access to effective treatments only if they are cost-effective (75% v 58%; P < .001). Most (84% US, 80% Canadian) oncologists state that patient out-of-pocket costs influence their treatment recommendations, but less than half the respondents always or frequently discuss the costs of treatments with their patients. The majority of oncologists favor more use of cost-effectiveness data in coverage decisions (80% US, 69% Canadian; P = .004), but fewer than half the oncologists in both countries feel well equipped to use cost-effectiveness information. Majorities of oncologists favor government price controls (57% US, 68% Canadian; P = .01), but less than half favor more cost-sharing by patients (29% US, 41% Canadian; P = .004). Oncologists in both countries prefer to have physicians and nonprofit agencies determine whether drugs provide good value. Conclusion Oncologists in the United States and Canada generally have similar attitudes regarding cancer drug costs, cost-effectiveness, and associated policies, despite practicing in different health care systems. The results support providing education to help oncologists in both countries use cost-effectiveness information and discuss drug costs with their patients.
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Hanna, Joe B., Robert A. Kunkel, and Gregory A. Kuhlemeyer. "A financial analysis of the interstate commerce commission (ICC) termination act of 1995 on the motor carrier industry." Journal of Transportation Management 11, no. 1 (April 1, 1999): 23–36. http://dx.doi.org/10.22237/jotm/922924980.
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Since the late 1970's the United States has progressively deregulated the motor carrier industry. Throughout the 1980's, deregulation was viewed as a positive trend by most industry practitioners. Past research has determined that, despite the fact that bankruptcies have increased since deregulation, the motor carrier industry has benefitted by less government intervention. The current study attempts to ascertain if motor carrier deregulation is still perceived positively in the mid-1990's. This research uses an event study methodology to examine the immediate financial impact of the ICC Termination Act of 1995 on 44 motor carrier industry participants. The results indicate deregulation is still perceived positively by shareholders as illustrated by the average publicly traded motor carrier benefittingby between $1.25 million and $6.1 million duringthe period surrounding termination of the Interstate Commerce Commission. In all likelihood, shareholders of companies in this industry benefitted due to the perception that industry deregulation leads to the ability to expand and pursue business opportunities previously restricted while operatingunder a more regulated regime.
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Tornambe, Paul E. "The Impact of Ultra-widefield Retinal Imaging on Practice Efficiency." US Ophthalmic Review 10, no. 01 (2017): 27. http://dx.doi.org/10.17925/usor.2017.10.01.27.
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I n the current cost- and resource-constrained healthcare environment in the United States, characterized by declining government reimbursement and increased utilization scrutiny by managed care plans, providers are challenged to continue delivering quality care to more patients while also more effectively managing practice economics. Employing technology to improve practice efficiency is one of the most promising solutions to this dilemma. We have demonstrated that the integration of ultra-widefield (UWF) retinal imaging in our practice is cost-effective. It has allowed us to increase the number of patient encounters while simultaneously raising the quality of care, and increasing patient satisfaction.
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Чен, Джим, and James Ming Chen. "Progressive taxation: an aesthetic and moral defense." Advances in Law Studies 1, no. 4 (September 1, 2013): 231–47. http://dx.doi.org/10.12737/988.
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The power to tax is at once the power to create and the power to destroy. If the United States government hopes to discharge its primary duty as creator and protector of its citizens’ wealth, it must be willing to destroy wealth, from time to time, by redistributing it. More than any other tool, the means by which government finances and depletes its treasury affects the societal distribution of wealth. Differential taxation and targeted spending are the most significant and most effective means by which government can «gradually and continually… correct the distribution of wealth to prevent concentrations of power detrimental to the fair value of political liberty and fair equality of opportunity». Redistribution and
the attendant destruction of entrenched wealth serve as society’s ultimate weapons of «creative destruction». Of the many forces that
have propelled the United States to the economic, political, social, and military pinnacle of the modern world, its willingness to countenance radical technological and organizational upheaval probably ranks first. American prosperity depends on the federal government’s commitment to an economic environment in which citizens are able not only to amass large amounts of new wealth, but also to lose it in rapid and remorseless fashion.
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BATES, R. M. "Government by Improvisation? Towards a New History of the Nineteenth-Century American State." Journal of Policy History 33, no. 3 (July 2021): 287–316. http://dx.doi.org/10.1017/s0898030621000117.
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AbstractOver the last thirty years, historians and historically minded political scientists have effectively overturned the long-held perception of the nineteenth-century United States as a polity defined by its lack of an effective state. By highlighting the myriad interventions of its energetic and enterprising federal government and by incorporating subnational governments and private actors and organizations as evidence of its impressive “infrastructural” power, a generation of scholars have, collectively, described a nineteenth-century state that was both more assertive and more robust than was previously thought. Yet other scholars have begun to ask whether this interpretation has concocted a state stronger and more coherent in prospect than it was in practice. By highlighting the piecemeal and often partial nature of the nation’s institutional development and the contradictions and incoherence that accompanied its infrastructural power, these scholars have laid the foundations for a new “improvisational synthesis” that stresses the equivocal nature of American state-building and considers its enduring vulnerabilities.
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Moore, Latetia V., Janet Fulton, Judy Kruger, and Judith McDivitt. "Knowledge of Physical Activity Guidelines Among Adults in the United States, HealthStyles 2003−2005." Journal of Physical Activity and Health 7, no. 2 (March 2010): 141–49. http://dx.doi.org/10.1123/jpah.7.2.141.
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Background:We estimated percentages of US adults (≥18 years) who knew that prior federal physical activity (PA) guidelines call for a minimum of 30 minutes of moderate-intensity PA most days(≥5)/week using 2003 to 2005 HealthStyles, an annual mail survey.Methods:10,117 participants identified “the minimum amount of moderate-intensity PA the government recommends to get overall health benefits.” Response options included 30/≥5, 20/≥3, 30/7, and 60/7 (minutes/days per week), “none of these,” and “don’t know.” The odds of correctly identifying the guideline was modeled by participant sex, age, race/ethnicity, income, education, marital status, body mass index, physical activity level, and survey year using logistic regression.Results:25.6% of respondents correctly identified the guideline. Women were 30% more likely to identify the guideline than men (Odds Ratio [95% Confidence Limits] (OR) = 1.28 [1.15, 1.44]). Regular PA was positively associated with identifying the guideline versus inactivity (OR = 2.08 [1.73, 2.50]). Blacks and those earning <$15,000 annually were 24% to 32% less likely to identify the guideline than whites and those earning >$60,000, respectively.Conclusions:Most adults did not know the previous moderate-intensity PA recommendation, which indicates a need for effective communication strategies for the new 2008 Physical Activity Guidelines for Adults.
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Shafer, Byron E., and Marc D. Stears. "From Social Welfare to Cultural Values: The Puzzle of Postwar Change in Britain and the United States." Journal of Policy History 11, no. 4 (October 1999): 331–66. http://dx.doi.org/10.1017/s0898030600003377.
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On Thursday, 5 July 1945, the British electorate appeared to draw a line under the prewar political world. This electorate turned the wartime government, led by the Conservative party, out of office. Moreover, it dismissed the Conservatives in favor of a party that still harbored doubts about its proper governing role, namely, British Labour. The scale of this reversal was additionally unprecedented. Labour had only ever formed minority, shortlived governments before; its last such venture, in 1929, had seen the party take power just in time to acquire responsibility for the Great Depression. The Tories had thus returned to effective leadership in 1931, such that Tory electoral and governmental dominance was still the context for the 1945 election. Now, however, Labour had returned with not just an absolute but an enormous majority in Parliament: it gained more seats than the Tories were left holding. And this over a party that had arguably weathered the Great Depression and saved the nation in a world war.
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Berke, Philip R., and Timothy Beatley. "A National Assessment of Local Earthquake Mitigation: Implications for Planning and Public Policy." Earthquake Spectra 8, no. 1 (February 1992): 1–15. http://dx.doi.org/10.1193/1.1585667.
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This paper presents conclusions and their implications for planning and public policy from a comprehensive study of local seismic hazard mitigation programs throughout the United States. Data from the study were obtained from a mail survey and three case communities. A key study conclusion is that while earthquake mitigation activity is higher among California communities than in communities of other states, it is considerably lower than for other types of hazards. Other key conclusions are that local officials can undertake a variety of activities to effectively advance planning for earthquakes, and that the more effective activities occurred through an interactive learning process where creative compromises among differing community perspectives were more likely. These conclusions imply that while there is a substantial need to better integrate earthquake mitigation into development and land use decision making, local government efforts to advance mitigation programs have a substantial potential for success. They also imply that achieving effective local response requires substantial changes in current practices of federal, state and local governments.
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McHarg, Aileen. "Climate change constitutionalism? Lessons from the United Kingdom." Climate Law 2, no. 4 (2011): 469–84. http://dx.doi.org/10.1163/cl-2011-047.
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Preventing dangerous climate change presents a significant political challenge. Extensive, urgent, and sustained political action is required to support necessary technological, economic, and behavioural changes. Yet the long-term, global, and uncertain effects of climate change, combined with the substantial short-term costs of mitigation action create what economists term a “credible commitment” problem, given the dominance of material considerations and short-term electoral cycles in political decision-making. Accordingly, building effective climate change law is not simply about devising appropriate measures to reduce emissions, but more fundamentally about instituting legal and political “regime change”. The UK Climate Change Act 2008 represents an important attempt to address the credible commitment problem on a domestic level. Not only does it impose long-term, legally binding emissionreduction targets, it also creates a so-called “carbon accounting” regime, designed to maintain government focus on meeting the targets. The Act involves a “pre-commitment strategy” which is intended to have a systemic and transformative effect on government action, and it has been described as having a “constitutional” significance. The aim of this article is to interrogate this claim to constitutional status. It discusses, first, whether it is appropriate to describe the Act as a constitutional measure and why this classification might matter. Secondly, it considers the likely impact of the Act’s substantive and institutional/procedural provisions. Finally, it considers the wisdom of “climate change constitutionalism”, and asks whether this is an approach which ought to be emulated by other states.