Balancing the equity of mental health injuries: examining the “trauma exception” for sex trafficking T-VISA applicants

2014 ◽  
Vol 10 (3) ◽  
pp. 159-191 ◽  
Author(s):  
Benjamin Thomas Greer ◽  
Scott Davidson Dyle
Keyword(s):  
Mental Health ◽  
Human Trafficking ◽  
Sex Trafficking ◽  
Sociological Research ◽  
Legal Analysis ◽  
Policy Makers ◽  
Content Type ◽  
Health Report ◽  
The Us ◽  
Report Data

Purpose – The purpose of this paper is to explore and expand the legal discussion on T-Visa requirements and how it can be better structured to provide support for victims of sex trafficking that suffer from severe mental health injuries. Design/methodology/approach – The authors conducted extensive US legal and sociological research compiling human trafficking mental health report data, primarily conducted in Europe. Based on these finding, the authors interviewed practitioners in the legal field to verify assumed legal hurdles. Once validated the author's attempted to address and design an equitable approach towards mitigating the demonstrated legal shortfall. Findings – There is a dearth of US research on mental health trauma survivors of trafficking endure. This void prevents the legal system from adequately addressing likely outcomes suffered by the victims of this crime and prevents policy makers from structuring legal requirements equitably. Policy makers often need concrete examples of problems before reacting. This paper attempts to demonstrate how the current T-Visa requirements fail to fully recognize mental health injuries of sex trafficking and begins to provide a pathway to balance. Originality/value – While the statistical data was previously conducted by outside sources, the legal analysis is completely original by the author's and is likely to have a very high value to policy makers when addressing these issues. This paper also highlights the need for a more robust research program into human trafficking and mental health injuries within the US so that many of the analogies and assumptions can be supported.

Mental health, social inclusion and the development of vocational services in the NHS – what can be learnt?

2019 ◽  
Vol 24 (2) ◽  
pp. 133-143 ◽  
Author(s):  
Mark Bertram
Keyword(s):  
Mental Health ◽  
Social Inclusion ◽  
Health Impact ◽  
Service Development ◽  
Service Users ◽  
Policy Makers ◽  
Content Type ◽  
Descriptive Case Study ◽  
Personal Bias ◽  
Vocational Goals

Purpose The purpose of this paper is to describe the learning from a historical NHS vocational service development that focused on: mental health, employment and social inclusion – in an inner city area – involving service users, staff and commissioners. Design/methodology/approach It is a descriptive case study. A range of historical documents was content analysed and described through a first-person narrative: service user consultations, service specifications, audit records, outcome frameworks, internal service evaluations and published literature. Findings When vocational NHS service developments are grounded in what service users say helps them (person-centred, networked and co-ordinated approaches) the evidence indicates people can achieve their vocational goals. Research limitations/implications The range of documents described is factual, although the learning insights from some of the service developments are based on personal judgements. The author was the responsible manager – personal bias is high. There is not enough robust evidence to warrant generalisation. Practical implications When employment and social inclusion are prioritised, as core business in NHS, outcomes and health impact can increase. Greater detail is needed from healthcare policy makers – focusing on who exactly should undertake this work and what the key commissioning social inclusion performance indicators are. Originality/value The bulk of literature on employment support focuses on promoting evidence from one model: individual placement and support. Evidence here indicates a broader range of activity (education, training and volunteering) can have value and health impact.

New ways to get policy into practice

2018 ◽  
Vol 32 (6) ◽  
pp. 809-824 ◽  
Author(s):  
Peter Nugus ◽  
Geetha Ranmuthugala ◽  
Josianne Lamothe ◽  
David Greenfield ◽  
Joanne Travaglia ◽  
...  
Keyword(s):  
Mental Health ◽  
Organizational Context ◽  
Mutual Influence ◽  
Social Needs ◽  
Policy Makers ◽  
Content Type ◽  
Service Effectiveness ◽  
Street Level ◽  
Social Organizational ◽  
Street Level Bureaucracy

Purpose Health service effectiveness continues to be limited by misaligned objectives between policy makers and frontline clinicians. While capturing the discretion workers inevitably exercise, the concept of “street-level bureaucracy” has tended to artificially separate policy makers and workers. The purpose of this paper is to understand the role of social-organizational context in aligning policy with practice. Design/methodology/approach This mixed-method participatory study focuses on a locally developed tool to implement an Australia-wide strategy to engage and respond to mental health services for parents with mental illness. Researchers: completed 69 client file audits; administered 64 staff surveys; conducted 24 interviews and focus groups (64 participants) with staff and a consumer representative; and observed eight staff meetings, in an acute and sub-acute mental health unit. Data were analyzed using content analysis, thematic analysis and descriptive statistics. Findings Based on successes and shortcomings of the implementation (assessment completed for only 30 percent of clients), a model of integration is presented, distinguishing “assimilist” from “externalist” positions. These depend on the degree to which, and how, the work environment affords clinicians the setting to coordinate efforts to take account of clients’ personal and social needs. This was particularly so for allied health clinicians and nurses undertaking sub-acute rehabilitative-transitional work. Originality/value A new conceptualization of street-level bureaucracy is offered. Rather than as disconnected, it is a process of mutual influence among interdependent actors. This positioning can serve as a framework to evaluate how and under what circumstances discretion is appropriate, and to be supported by managers and policy makers to optimize client-defined needs.

SEC adopts rules and interpretive guidance designed to enhance and clarify the obligations of financial professionals

2019 ◽  
Vol 20 (4) ◽  
pp. 35-44
Author(s):  
Michael R. Rosella ◽  
Vadim Avdeychik ◽  
Justin R. Capozzi
Keyword(s):  
Historical Context ◽  
Legal Counsel ◽  
Legal Analysis ◽  
Best Interest ◽  
Extensive Experience ◽  
Content Type ◽  
The Us ◽  
Investment Advisers ◽  
Definition Of ◽  
Practical Implications

Purpose This article provides an overview of the US Securities and Exchange Commission’s (SEC) recent approval of a package of rulemakings and interpretations designed to enhance the quality and transparency of investors’ relationships with investment advisers and broker-dealers. Design/Methodology/Approach The article provides legal analysis for and historical context of the requirements of the SEC’s adopted rules, Regulation Best Interest and Form CRS in addition to the two separate interpretations under the Investment Advisers Act of 1940, the Standard of Conduct for Investment Advisers; and the Broker-Dealer Exclusion from the Definition of Investment Adviser. Findings The SEC’s adopted regulatory package does not adopt a uniform fiduciary standard for broker-dealers and investment advisers but instead promulgates legal requirements and mandated disclosures in order to conform to the SEC’s perceived expectations for reasonable investors. Practical implications Investment advisers and broker-dealers should consult with their legal counsel in assessing how and to what extent the new regulatory package is applicable to them. Originality/Value This article provides practical guidance from lawyers who have extensive experience with the Investment Company Act, Investment Advisers Act, and the Securities Acts.

The Celebritization of Human Trafficking

2014 ◽  
Vol 653 (1) ◽  
pp. 25-45 ◽  
Author(s):  
Dina Francesca Haynes
Keyword(s):  
United States ◽  
Human Trafficking ◽  
Sex Trafficking ◽  
Public Policies ◽  
The United States ◽  
Policy Makers ◽  
The Public ◽  
Dominant Discourse ◽  
The Media

Human trafficking, and especially sex trafficking, is not only susceptible to alluring and sensational narratives, it also plays into the celebrity-as-rescuer ideal that receives considerable attention from the media, the public, and policy-makers. While some celebrities develop enough expertise to speak with authority on the topic, many others are neither knowledgeable nor accurate in their efforts to champion antitrafficking causes. Prominent policy-makers allow celebrity activists to influence their opinions and even consult with them for advice regarding public policies. Emblematic of larger, fundamental problems with the dominant discourse, funding allocations, and legislation in current antitrafficking initiatives in the United States and elsewhere, celebrity activism is not significantly advancing the eradication of human trafficking and may even be doing harm by diverting attention from aspects of the problem and solution that sorely require attention.

Seasonal and cyclical behaviour of farm gate milk prices

2015 ◽  
Vol 117 (12) ◽  
pp. 2899-2913 ◽  
Author(s):  
Dennis Bergmann ◽  
Declan O’Connor ◽  
Andreas Thümmel
Keyword(s):  
Time Series ◽  
State Space Model ◽  
Price Variation ◽  
Policy Makers ◽  
Content Type ◽  
The Us ◽  
Cyclical Component ◽  
Cyclical Policy ◽  
Cyclical Behaviour ◽  
Policy Measures

Purpose – The purpose of this paper is to analyze how the German, Irish and average EU farm gate milk prices have changed after the common agricultural policy (CAP) reform in 2003. In addition the dynamics of these prices are compared to a US farm gate price. Design/methodology/approach – These milk price time series are divided into two time periods, pre and post the CAP 2003 reform, and decomposed into their trend, seasonal and cyclical components. For the decomposition a state space model is used following the approach of Harvey (1989). Findings – The results show that the dynamics of the EU, German and Irish series converged after the CAP 2003 reform were implemented and that a three-year cycle is underlying the European milk prices which is comparable with the cycle length of the US milk price. In addition it is shown that most of the observed price variation in recent times is attributed to the cyclical component. Research limitations/implications – The division of the milk price time series into periods pre and post the CAP 2003 reform is somewhat subjective because not all measures were immediately applied after the reform. It is also possible that other factors may have contributed to the changed dynamics which have been observed. In addition this leads to a short data sample. Practical implications – The results show that policy makers should consider counter cyclical policy measures given the importance of the cyclical component. Also most models used to evaluate policies do not account for cycles which may lead to wrong conclusions. In addition farmer should be aware of the cyclical nature of milk prices as they budget and plan for the future. Originality/value – No previous decomposition studies of European milk prices exist.

An exemplar of GP commissioning and child and adolescent mental health service partnership

2016 ◽  
Vol 24 (1) ◽  
pp. 26-37 ◽  
Author(s):  
Ayla Humphrey ◽  
Lynne Eastwood ◽  
Helen Atkins ◽  
Maris Vainre ◽  
Caroline Lea-Cox
Keyword(s):  
Mental Health ◽  
Capacity Planning ◽  
Service User ◽  
Adolescent Mental Health ◽  
Child And Adolescent ◽  
Evidence Based ◽  
Service Users ◽  
Content Type ◽  
Health Report ◽  
Shared Goals

Purpose – The purpose of this paper is to draw attention to commissioning and service structures enabling implementation of evidence-based cost-effective care as illustrated by the “1419” young people’s service treating mild to moderate severity mental health difficulties in teenagers old 14 to 19 years. The authors describe relevant local contextual factors: “relational commissioning”, demand capacity planning and a receptive and safe clinical context. Design/methodology/approach – The authors used a participant observer qualitative research design to describe commissioning and service design. Treatment outcomes were analysed using a quantitative design and found significant improvement in service user mental health and daily function. These results will be reported elsewhere. Findings – The dynamics and structures described here enabled clear shared goals between service user, service purchaser, service provider and service partners. The goals and design of the service were not static and were subject to ongoing development using routine outcome measures and conversations between referrers, commissioners, service users and within the team about what was and was not working. Research limitations/implications – The methods are limited by the lack of a prospective systematic evaluation of the implementation process and by the time limitations of the service. Practical implications – Implementation of whole system change such as that envisioned by Children and Young People’s Improving Access to Psychological Therapies requires consideration of local context and process of implementation. The authors suggest key factors: consideration of “relational commissioning” with purchasers, providers and service users designing services together; case-level collaboration between services and partner agencies; smaller child and adolescent mental health teams eliminating competing task demands, permitting speed of action, providing psychological safety for staff, promoting shared goals and innovation; rigorous demand/capacity planning to inform funding. Social implications – The failings of child and adolescent mental health services (CAMHS) are detailed in the Department of Health report “Future in mind: promoting, protecting and improving our children and young people’s mental health and wellbeing” (2015). The aims of the report are contingent on the ability of local health providers to implement its recommendations. The authors provide a theoretical approach to enable this implementation. Originality/value – To date there are no published papers addressing the key characteristics enabling implementation of evidence-based practice within CAMHS. The unique experience in forming the“1419” service has important implications nationally and brings together evidence of an effective service within a theoretical underpinned context.

Understanding validity issues surrounding test-based accountability measures in the US

2014 ◽  
Vol 22 (1) ◽  
pp. 42-52
Author(s):  
Nancy Koh ◽  
Vikash Reddy ◽  
Madhabi Chatterji
Keyword(s):  
Public Education ◽  
School Improvement ◽  
School Reform ◽  
Public Accountability ◽  
Assessment Data ◽  
High Stakes ◽  
Policy Makers ◽  
Content Type ◽  
The Us ◽  
Test Use

Purpose – This AERI-NEPC eBrief, the fourth in a series titled “Understanding validity issues around the world”, looks closely at issues surrounding the validity of test-based actions in educational accountability and school improvement contexts. The specific discussions here focus testing issues in the US. However, the general principles underlying appropriate and inappropriate test use in school reform and high stakes public accountability settings are applicable in both domestic and international settings. This paper aims to present the issues. Design/methodology/approach – This policy brief is based on a synthesis of conference proceedings and review of selected pieces of extant literature. It begins by summarizing perspectives of an invited expert panel on the topic. To that synthesis, the authors add their own analysis of key issues. They conclude by offering recommendations for test developers and test users. Findings – The authors conclude that recurring validity issues arise with tests used in school reform and public accountability contexts, because the external tests tend to be employed as policy instruments to drive reforms in schools, with unrealistic timelines and inadequate resources. To reconcile the validity issues with respect to educational assessment and forge a coherent understanding of validity among multiple public users with different agendas, the authors offer several recommendations, such as: adopt an integrated approach to develop content and standards of proficiency that represent a range of cognitive processes; support studies to examine validity of assessments and the effects of decisions taken with assessment data before results are fed into high stakes accountability-related actions that affect teachers, leaders or schools; align standards, curricula, instruction, assessment, and professional development efforts in schools to maximize success; increase capacity-building efforts to help teachers, administrators, policy makers, and other groups of test users learn more about assessments, particularly, about appropriate interpretation and use of assessment data and reports. Originality/value – Baker points out that in response to growing demands of reformers and policy-makers for more frequent and rigorous testing programs in US public education, results from a single test tend to get used to meet a variety of public education needs today (e.g. school accountability, school improvement, teacher evaluation, and measurement of student performance). While this may simply be a way to make things more cost-efficient and reduce the extent of student testing in schools, a consequence is inappropriate test use that threatens validity in practice settings. This policy brief confronts this recurring validity challenge and offers recommendations to address the issues.

The deductibility of Sarbanes-Oxley costs incurred by Australasian companies

2014 ◽  
Vol 27 (1) ◽  
pp. 52-70 ◽  
Author(s):  
Julie Harrison ◽  
Mark Keating
Keyword(s):  
New Zealand ◽  
Transfer Pricing ◽  
Legal Analysis ◽  
Content Type ◽  
Reporting Requirements ◽  
Sarbanes Oxley ◽  
The Us ◽  
To Receive ◽  
Parent Companies ◽  
Practical Implications

Purpose – This paper aims to examine the nature of Sarbanes-Oxley (SOX) costs incurred by subsidiaries of USA parent companies, and considers whether any value flows to non-USA subsidiaries. Deductibility is analysed under both the general deductibility provisions and the transfer pricing regimes of Australia and New Zealand (NZ). Reference is also made to the Organisation for Economic Cooperation and Development (OECD) transfer pricing guidelines and the US transfer pricing regulations. Australasian and New Zealand subsidiaries of US parent companies frequently incur costs related to their parent’s regulatory reporting requirements under the Sarbanes-Oxley Act of 2002. Tax authorities, generally, view these costs as “shareholder activities”, i.e. activities performed for the benefit of the parent only. As such, they are considered non-deductible to the subsidiaries of USA parents because an independent party dealing at arm’s length would not pay to receive similar services. We consider circumstances in which some costs may be deductible. Design/methodology/approach – Legal analysis. Findings – We conclude that there can be circumstances where these so-called shareholder activities do provide value to subsidiaries and, accordingly, may (or should) be deductible in the local jurisdiction. Research limitations/implications – This analysis is limited to a consideration of Australian, NZ, OECD and US sources. Practical implications – This paper provides an analysis of the deductibility of a type of expenditure commonly encountered by subsidiaries of US parent companies. Originality/value – Limited research is available that deals with this issue. In most cases, only general statements on deductibility of similar types of expenditure are available to taxpayers.

A death in the family: a metaphor about race and police brutality

2020 ◽  
Vol 39 (7) ◽  
pp. 769-773
Author(s):  
Derek R. Avery ◽  
Enrica N. Ruggs
Keyword(s):  
Social Justice ◽  
Black People ◽  
Psychological Theory ◽  
Traumatic Experiences ◽  
Sociological Research ◽  
Interracial Interactions ◽  
Systemic Racism ◽  
Content Type ◽  
The Us ◽  
Common Understanding

PurposeThis essay was written in response to the killings of George Floyd, Breonna Taylor and Rayshard Brooks by police in 2020 and the surge of social justice protests they helped to reignite.Design/methodology/approachThis essay uses a metaphor that nearly everyone can understand to help build common understanding around the unique impact of police killings of Black people on other Black people.FindingsThis essay uses social psychological theory and our experiences as Black Americans and diversity scholars to illustrate why interracial conversations about police killings of Black people may not proceed as intended.Originality/valueIn the wake of growing social justice protests aimed at combating systemic racism in the US, many individuals and organizations are wrestling with determining how people can talk about race. This is uncharted territory for many, as sociological research shows that racioethnic integration has stalled or even regressed in schools, workplaces and social networks in the US This essay seeks to help readers move toward a common understanding to facilitate more empathetic interracial interactions involving Black people in the aftermath of these traumatic experiences.

Is childhood a disability? Using Mental Capacity Tribunals and the Deprivation of Liberty Safeguards to shield children's capacity to consent to and refuse medical treatment

2014 ◽  
Vol 19 (2) ◽  
pp. 96-106 ◽  
Author(s):  
Robin Mackenzie ◽  
John Watts
Keyword(s):  
Mental Health ◽  
Decision Making ◽  
Medical Treatment ◽  
Mental Health Treatment ◽  
Mental Capacity ◽  
Best Interests ◽  
Legal Analysis ◽  
Content Type ◽  
Decision Making Capacity ◽  
The Law

Purpose – The purpose of this paper is to demonstrate that the common and statutory law governing children's capacity or competence to consent to and to refuse medical treatment is unsatisfactory and to suggest solutions. Design/methodology/approach – Critical legal analysis of the law on assessing minors’ decision-making capacity in relation to legal recognition of their consent to and refusal of medical treatment. Findings – Without legal mechanisms which protect both children and their rights, all children and young people are effectively disabled from exercising age and capacity-related autonomy and participation in decisions affecting their lives. Yet in English law, inconsistencies between legal and clinical measures of decision-making capacity, situations where compulsory medical or mental health treatment is lawful, and tensions between rights and duties associated with human rights, autonomy, best interests and protections for the vulnerable create difficulties for clinicians, lawyers and patients. Research limitations/implications – As the paper acknowledges in its recommendations, the views of stakeholders are needed to enrich and inform legal reforms in this area. Originality/value – The paper makes suggestions to amend the law and clinical practice which are original and far reaching. The paper suggests that in order to observe children's rights while protecting them appropriately, the Mental Capacity Act 2005 and Deprivations of Liberty Safeguards should be applied to minors. The paper recommends the establishment of Mental Capacity Tribunals, similar in nature and purpose to Mental Health Tribunals, to provide legal safeguards and mechanisms to foster the supported decision-making envisaged in recent United Nations Conventions.

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