The Size of the Government and Regulated Enterprise Sector in the United States11The following tables are based on the U.S. Department of Commerce's monthly survey of current business. Whereas the definition of a government enterprise is straightforward, the delimitation of the regulated sector is much more complicated. There are no comprehensive data sources which give separate information for US regulated and non-regulated industries. Hence we have selected figures for US sectors where the most intensive regulation takes place. However, it should be kept in mind that recent deregulation activities make any delimitation based on these data a little superficial.

1978 ◽  
Vol 18 (02) ◽  
pp. 87-95 ◽  
Author(s):  
Elmer L. Dougherty ◽  
John Lohrenz

Abstract This study of Outer Continental Shelf (OCS) bid data, plus a critical analysis of other such studies, was made to determine the impact of joint bidding on competitiveness of OCS lease sales, It concludes that no class of joint bids has been shown to reduce the level of competition. Banning joint bidding by two or more major oil companies did result in an abrupt increase in the number of pint bids that included one major. Introduction Sealed, competitive bids for U.S. offshore oil and gas leases are classed as either solo or joint bids. Solo bids are submitted by one bidder with 100-percent ownership. Joint bids are submitted by several bidders who divide ownership among themselves. The pragmatic question that triggered this study was, "Is there a kind of solo or joint bid whose occurrence tends to decrease the number of sealed, competitive bids?" Such a bid would lower the level of competition. This study reports the results of a statistical analysis to measure the impact of joint bidding on the level of competition in sales of U.S. oil and gas leases. The study first presumed that the level of competition increases as the number of competing bids increases. This presumption while not unassailable, also was not unreasonable. Three previous studies of solo and joint bidding were reviewed first, revealing that conclusions drawn by two of the studies are statistically unsupported. Our study of the pragmatic question found no consistent correlation supporting a positive answer to the question. The U.S. policy regulation proscribing joint bids involving two or more majors tended to broaden the proportion and number of bids involving majors. REVIEW OF PREVIOUS STUDIES OF FEDERAL OFFSHORE SOLO AND JOINT BIDS Joint bidding for U.S. offshore oil and gas leases has been seated in previous studies of which three will be reviewed in detail. GASKINS AND VANN Gaskins and Vann computed values of the ratio of the sum of the highest bids to the sum of the U.S. presale estimates, Fmax/est, for leases that presale estimates, Fmax/est, for leases that received the same number(s) of bids. Precise definition of Fmax/est is given in the Nomenclature. Gaskins and Vann observed that values of F increased with n, from which they concluded the "government gets a larger percentage of its estimated value when there are more bidders." For the March 28, 1974, sale, Gaskins and Vann calculated Fmax/est for four different categories of highest bids:all bids,bids in which only nonmajors were involved,bids in which one or more majors were involved, andbids in which Mobil Oil Corp. was a participant. (No list was given of which bidders are classed as major.) Values of Fmax/est when majors and/or Mobil were involved in the highest bid were more often lower than for the other categories of highest bids. From this, Gaskins and Vann concluded that the "data support the hypothesis that major oil companies, and Mobil in particular, were able to attain lower winning bids..." We recalculated values of F,../est for the March 28, 1974, sale. These are shown in Table 12 along with comparable values of Fm../mean and Fmean/est. The agreement between values of Fmax/est presented by Gaskins and Vann and in Table 1 is excellent in most cases. Some of the differences, however, may be explained by differing definitions of majors. We considered these eight companies as major: Amoco International Oil Co., British Petroleum Ltd., Chevron U.S.A. Inc., Exxon Corp., Gulf Oil Corp., Mobil Oil Corp., Shell Oil Co., Texaco Inc. Other differences may be caused by disagreements in source data and/or computations.


2017 ◽  
Vol 9 (2) ◽  
pp. 407-424
Author(s):  
Jamaluddin Jamaluddin

Indonesian reformation era begins with the fall of President Suharto. Political transition and democratic transition impact in the religious life. Therefore, understandably, when the politic transition is not yet fully reflects the idealized conditions. In addition to the old paradigm that is still attached to the brain of policy makers, various policies to mirror the complexity of stuttering ruler to answer the challenges of religious life. This challenge cannot be separated from the hegemonic legacy of the past, including the politicization of SARA. Hegemony that took place during the New Order period, adversely affected the subsequent transition period. It seems among other things, with airings various conflicts nuances SARA previously muted, forced repressive. SARA issues arise as a result of the narrowing of the accommodation space of the nation state during the New Order regime. The New Order regime has reduced the definition of nation-states is only part of a group of people loyal to the government to deny the diversity of socio-cultural reality in it. To handle the inheritance, every regime in the reform era responds with a pattern and a different approach. It must be realized, that the post-reform era, Indonesia has had four changes of government. The leaders of every regime in the reform era have a different background and thus also have a vision that is different in treating the problem of racial intolerance, particularly against religious aspect. This treatment causes the accomplishment difference each different regimes of dealing with the diversity of race, religion and class that has become the hallmark of Indonesian society.


2008 ◽  
Vol 45 (3) ◽  
pp. 653 ◽  
Author(s):  
Jonathan Horlick ◽  
Joe Cyr ◽  
Scott Reynolds ◽  
Andrew Behrman

Under the United States Alien Tort Statute, which permits non-U.S. citizens to bring lawsuits in U.S. courts for human rights violations that are violations of the law of nations, plaintiffs have filed claims against multinational oil and gas corporations for the direct or complicit commission of such violations carried out by the government of the country in which the corporation operated. In addition to exercising jurisdiction over U.S. corporations, U.S. courts have exercised jurisdiction in cases involving non-U.S. defendants for alleged wrongful conduct against non-U.S. plaintiffs committed outside the U.S.The exercise of jurisdiction by U.S. courts over non-U.S. defendants for alleged wrongful conduct against non-U.S. plaintiffs committed outside of the U.S. raises serious questions as to the jurisdictional foundation on which the power of U.S. courts to adjudicate them rests. Defences that foreign defendants can raise against the exercise of jurisdiction by the U.S. courts are an objection to the extraterritorial assertion of jurisdiction, the act of state doctrine, the political question doctrine, forum non conveniens, and the principle of comity. These defences are bolstered by the support of the defendant’s home government and other governments.


Author(s):  
Olga Mykhailоvna Ivanitskaya

The article is devoted to issues of ensuring transparency and ac- countability of authorities in the conditions of participatory democracy (democ- racy of participation). It is argued that the public should be guaranteed not only the right for access to information but also the prerequisites for expanding its par- ticipation in state governance. These prerequisites include: the adoption of clearly measurable macroeconomic and social goals and the provision of control of the processes of their compliance with the government by citizens of the country; ex- tension of the circle of subjects of legislative initiative due to realization of such rights by citizens and their groups; legislative definition of the forms of citizens’ participation in making publicly significant decisions, design of relevant orders and procedures, in particular participation in local referendum; outlining methods and procedures for taking into account social thought when making socially im- portant decisions. The need to disclose information about resources that are used by authorities to realize the goals is proved as well as key performance indicators that can be monitored by every citizen; the efforts made by governments of coun- tries to achieve these goals. It was noted that transparency in the conditions of representative democracy in its worst forms in a society where ignorance of the thought of society and its individual members is ignored does not in fact fulfill its main task — to establish an effective dialogue between the authorities and so- ciety. There is a distortion of the essence of transparency: instead of being heard, society is being asked to be informed — and passively accept the facts presented as due. In fact, transparency and accountability in this case are not instruments for the achievement of democracy in public administration, but by the form of a tacit agreement between the subjects of power and people, where the latter passes the participation of an “informed observer”.


Author(s):  
Gregory R. Wagner ◽  
Emily A. Spieler

This chapter discusses the roles of government in promoting occupational and environmental health, with a focus on the U.S. federal government. Governmental interventions, as described here, can range from non-regulatory interventions, such as dissemination of information or generation and communication of information, to establishing regulatory requirements through the promulgation and enforcement of standards and regulations. The chapter describes the U.S. laws and roles of the administrative agencies responsible for occupational and environmental health, including the Occupational Safety and Health Administration, the Mine Safety and Health Administration, and the Environmental Protection Agency. Noting the budgetary and political constraints on these federal agencies, the chapter goes on to discuss briefly the role of the public and the states. The government also plays a role when preventive efforts fail, and the chapter provides a brief summary of programs designed to provide compensation to injured workers.


Author(s):  
Kélina Gotman

Native American dancers in the 1890s rebelling against the U.S. government’s failure to uphold treaties protecting land rights and rations were accused of fomenting a dancing ‘craze’. Their dancing—which hoped for a renewal of Native life—was subject to intense government scrutiny and panic. The government anthropologist James Mooney, in participant observation and fieldwork, described it as a religious ecstasy like St. Vitus’s dance. The Ghost Dance movement escalated with the proliferation of reports, telegraphs, and letters circulating via Washington, DC. Although romantically described as ‘geognosic’—nearly mineral—ancestors of the whites, Native rebels in the Plains were told to stop dancing so they could work and thus modernize; their dancing was deemed excessive, wasteful, and unproductive. The government’s belligerently declared state of exception—effectively cultural war—was countered by one that they performed ecstatically. ‘Wasted’ energy, dancers maintained, trumped dollarization—the hollow ‘use value’ of capitalist biopower.


Author(s):  
Asha Bajpai

The chapter commences with the change in the perspective and approach relating to children from welfare to rights approach. It then deals with the legal definition of child in India under various laws. It gives a brief overview of the present legal framework in India. It states briefly the various policies and plans, and programmes of the Government of India related to children. International law on the rights of the child is enumerated and a summary of the important judgments by Indian courts are also included. The chapter ends with pointing out the role of civil society organizations in dealing with the rights of the child and a mention of challenges ahead.


Author(s):  
James E. Baker

This article discusses covert action within the context of the U.S. law. The first section describes the main elements of the U.S. legal regime, including the definition of covert action and the “traditional activity” exceptions, the elements of a covert action finding, and the thresholds and requirements for congressional notification. The second section describes some of the significant limitations on the conduct of covert action. The third section discusses the nature of executive branch legal practice in this area of the law. And the last section draws conclusions about the role of national security law within the context of covert action.


2002 ◽  
Vol 28 (2-3) ◽  
pp. 179-213
Author(s):  
Maxwell J. Mehlman ◽  
Kirsten M. Rabe

Imagine a world in which parents can genetically enhance their child's height so that he becomes a professional basketball player. Or imagine a law school student preparing for the bar who takes out an extra loan to genetically enhance his intelligence. What if going to your physician for a routine physical included the option of genetically enhancing any trait you desired? And what if such a practice was expensive and, therefore, only available to the privileged members of society? Is this desirable or should the U.S. government ban genetic enhancement? What if the government bans it and citizens travel abroad to receive genetic enhancement treatments? Can the U.S. government do anything to prevent access to illegal genetic enhancement abroad?


2021 ◽  
pp. tobaccocontrol-2020-056145 ◽  
Author(s):  
Ollie Ganz ◽  
Mary Hrywna ◽  
Kevin R J Schroth ◽  
Cristine D Delnevo

In 2009, the Family Smoking Prevention and Tobacco Control Act (TCA) granted the U.S. Food and Drug Administration (FDA) regulatory authority over tobacco products, although initially this only included cigarettes, smokeless tobacco and roll-your-own tobacco. In 2016, the deeming rule extended regulatory authority to include all tobacco products, including cigars. The deeming rule prohibited the introduction of new tobacco products into the marketplace without proper marketing authorisation and laid out pathways for tobacco companies to follow. The deeming rule should have frozen the cigar marketplace in 2016. In this paper, we describe how the cigarillo marketplace, nevertheless, continues to diversify with new brands, flavors, styles and packaging sizes entering the market regularly. As an example, we highlight recent promotional efforts by Swedish Match North America (Swedish Match) for their popular cigarillo brands, including White Owl, Night Owl and Garcia y Vega’s Game brand. We argue that ambiguities in the TCA make it unclear whether Swedish Match’s seemingly new cigarillos fit the definition of new tobacco products and, if so, whether they are on the market legally. Swedish Match and other cigarillo companies may be taking advantage of these ambiguities to promote a variety of cigarillo flavors and styles in innovative ways. Given that cigars are combustible tobacco products that pose many of the same risks as cigarettes, this business practice raises significant concerns regarding the protection of public health, particularly among young people.


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