scholarly journals Deadlines and Comprehensive Regulations

2012 ◽  
Vol 19 ◽  
pp. 74
Author(s):  
Jonathan Porat

There is a large push by the United States government to improve the effectiveness and responsiveness of the US regulatory regime. Established proposals aim to improve US regulatory policy by making it easier for the public to use judicial review as a tool to respond to overly burdensome regulations. Much of the debate over the effectiveness of these proposals focuses on more visible regulatory outcomes. Unfortunately, the effect of judicial review on regulatory development is often overlooked. If judicial review promotes less comprehensive regulatory analysis through the presence of inflexible judicial deadlines, then regulatory reform promoting judicial review ironically may not prevent negative regulatory outcomes. This paper empirically measures whether regulations with judicial deadlines are developed less comprehensively than regulations with laxer statutory deadlines. This paper will determine how the differences in the development of regulations with judicial deadlines should influence the way that the government analyzes proposals for regulatory reform.

2016 ◽  
Vol 49 (1) ◽  
pp. 3-21 ◽  
Author(s):  
Michael Asimow ◽  
Yoav Dotan

What is the role of a government attorney who represents a government agency on judicial review? Most academic literature in the United States (US) advocates the ‘hired gun’ model in which the role of the government lawyer is no different from that of a lawyer who represents a private client (although some academics and government lawyers disagree). The prevailing view in Israel is that government lawyers are ‘ministers of justice’, who owe a primary obligation to the public interest rather than to the client agency. This difference is attributable both to fundamental differences in legal culture between the US and Israel as well as to unique features of the Israeli system of judicial review.


1916 ◽  
Vol 10 (2) ◽  
pp. 271-289 ◽  
Author(s):  
Charles R. Pierce

If, for the moment, we can conceive of Uncle Sam as being Andrew Carnegie, of Carnegie's millions as unimproved real estate, and of Carnegie's intention to die poor, as Uncle Sam's liberal land policy, we can perhaps best picture to ourselves the public land administration in the United States in a nutshell. The government, like Carnegie, is unloading its vast wealth in a manner calculated to do the most good, and it is guarding itself continuously, although often futilely, from being imposed upon and cheated. The ownership of the public domain by the United States is of the highest possible title. There is no one to dispute the government's absolute ownership of it. There are no taxes to pay. The government is subject to no obligation to dispose of its land. It can keep or dispose of the land as it chooses.In 1789 the United States government started as owner of practically all of the Northwest Territory. Later it acquired, what some geographers call the Southwest Territory, by further cession from the States. By purchase, discovery, annexation and conquest the United States acquired further holdings, so that with the exception of Texas and private holdings the government's fee simple title in the public domain extended from the thirteen colonies to the Gulf of Mexico, and from the Atlantic Ocean on the east coast of Florida to the Pacific and the Arctic Oceans.


2007 ◽  
Vol 21 (3) ◽  
pp. 230-250
Author(s):  
Fahad Al-Zumai

This paper examines the regulatory framework of disclosure in Kuwait in comparison with the situation in the United States of America. It covers the theoretical arguments for and against mandatory disclosure and then engages in a regulatory analysis of the rules governing disclosure in Kuwait and the U.S. The main areas that are explored in this paper include, inter alia , the disclosure of interest; periodic and real time disclosures; and rumours and duties to disclose in both jurisdictions. Afterward, anti-fraud provisions and their role in enhancing the disclosure framework are discussed and the investigation concludes that the absence of an anti-fraud provision in securities regulation in Kuwait is undermining the efficiency of the regulatory framework of disclosure in the country. Finally, the paper concludes that regulatory reform is needed in Kuwait to fill in the gaps in the current structure and in particular the current available remedies. The scope of disclosure should also be expanded to capture all major sensitive information that needs to be disclosed to the public and the shareholders.


Author(s):  
Susan C. McKarns

The 21st century brought unprecedented challenges for academic medicine. Then, coronavirus disease 2019 (COVID-19) arrived—and has attributed to more than 600,000 deaths in the United States (US) alone. Two, readily available, US Food and Drug Administration (FDA)-authorized COVID-19 mRNA vaccines are more than 90% effective in preventing Severe Acute Respiratory Syndrome Coronavirus 2 (SARS-CoV-2) infection. Yet, only 55% of all Americans have been partially vaccinated and 45% are fully vaccinated. Most new COVID-19 cases occur in unvaccinated people. In select regions across the US, intensive care units are, once again, overfilled. The impact of the COVID-19 pandemic has spread far beyond healthcare causing global socioeconomic disruptions and affecting overall human well-being. In my classroom, getting it less than 60% right earns a student an F grade. America has failed to convince its people of the vaccine benefit. How? Was it the government? It is no secret that most Americans don’t trust the government. Did science leadership fail to communicate with the public? Should our educators have taught us more science? Did physicians fail to be open and transparent with their patients? Should we be a more trusting nation? Perhaps all –perhaps none—of these are contributing factors. Is human response behavior taking a toll on human life? One thing is for sure. It is a great injustice that American lives continue to be lost and that others continue to live in fear. More than two millennia ago, the philosopher Socrates argued that humility is the greatest of all virtues. In this report, I elaborate on humble leadership by scientists to improve the imperfect art of communication as a solution to heal our beloved nation.


2003 ◽  
Vol 7 (1) ◽  
Author(s):  

A number of countries are beginning to implement plans to offer smallpox vaccination to sub-groups of healthcare workers in advance of a deliberate release (1, 2). At the same time there have been calls for mass vaccination of the public, or vaccination of the public on a voluntary basis. In the United States (US), while concentrating on selective vaccination, the government has decided to make the vaccine ‘available to all’ from 2004 (3). The European Commission Taskforce on Bioterrorism (BICHAT) has commented that a number of complex issues and present uncertainties would make a one-to-one translation of the US plan to the European situation an unjustified oversimplification (4). A series of articles was published electronically ahead of print publication in the New England Journal of Medicine on 19 December 2002 and aims to provide informed guidance on the current public health question ‘whom should we be vaccinating?’ By highlighting the adverse consequences of a mass vaccination policy, the articles support current plans for selective smallpox vaccination, and provide physicians with information to help them educate their patients when the inevitable requests for vaccination are received.


2019 ◽  
Vol 35 (2) ◽  
pp. 255-281
Author(s):  
Sylvia Dümmer Scheel

El artículo analiza la diplomacia pública del gobierno de Lázaro Cárdenas centrándose en su opción por publicitar la pobreza nacional en el extranjero, especialmente en Estados Unidos. Se plantea que se trató de una estrategia inédita, que accedió a poner en riesgo el “prestigio nacional” con el fin de justificar ante la opinión pública estadounidense la necesidad de implementar las reformas contenidas en el Plan Sexenal. Aprovechando la inusual empatía hacia los pobres en tiempos del New Deal, se construyó una imagen específica de pobreza que fuera higiénica y redimible. Ésta, sin embargo, no generó consenso entre los mexicanos. This article analyzes the public diplomacy of the government of Lázaro Cárdenas, focusing on the administration’s decision to publicize the nation’s poverty internationally, especially in the United States. This study suggests that this was an unprecedented strategy, putting “national prestige” at risk in order to explain the importance of implementing the reforms contained in the Six Year Plan, in the face of public opinion in the United States. Taking advantage of the increased empathy felt towards the poor during the New Deal, a specific image of hygienic and redeemable poverty was constructed. However, this strategy did not generate agreement among Mexicans.


2007 ◽  
Vol 30 (4) ◽  
pp. 41
Author(s):  
L. Lee

Dr. C.K. Clarke (1857-1924) was one of Canada’s most prominent psychiatrists. He sought to improve the conditions of asylums, helped to legitimize psychiatry and established formal training for nurses. At the beginning of the 20th Century, Canada experienced a surge of immigration. Yet – as many historians have shown – a widespread anti-foreigner sentiment within the public remained. Along with many other members of the fledgling eugenics movement, Clarke believed that the proportion of “mental defectives” was higher in the immigrant population than in the Canadian population and campaigned to restrict immigration. He appealed to the government to track immigrants and deport them once they showed signs of mental illness. Clarke’s efforts lead to amendments to the Immigration Act in 1919, which authorized deportation of people who were not Canadian-born, regardless of how many years that had been in Canada. This change applied not only to the mentally ill but also to those who could no longer work due to injury and to those who did not follow social norms. Clarke is a fascinating example of how we judge historical figures. He lived in a time where what we now think of as xenophobia was a socially acceptable, even worthy attitude. As a leader in eugenics, therefore, he was a progressive. Other biographers have recognized Clarke’s racist opinions, some of whom justify them as keeping with the social values of his era. In further exploring Clarke’s interest in these issues, this paper relies on his personal scrapbooks held in the CAMH archives. These documents contain personal papers, poems and stories that proclaim his anti-Semitic and anti-foreigner views. Whether we allow his involvement in the eugenics movement to overshadow his accomplishments or ignore his racist leanings to celebrate his memory is the subject of ongoing debate. Dowbiggin IR. Keeping America Sane: Psychiatry and Eugenics in the United States and Canada 1880-1940. Ithaca and London: Cornell University Press, 1997. McLaren A. Our Own Master Race: Eugenics in Canada 1885-1945. Toronto: McClelland and Stewart, 1990. Roberts B. Whence They Came: Deportation from Canada 1900-1935. Ottawa: University of Ottawa Press, 1988.


Author(s):  
Halyna Shchyhelska

2018 marks the 100th anniversary of the proclamation of Ukrainian independence. OnJanuary 22, 1918, the Ukrainian People’s Republic proclaimed its independence by adopting the IV Universal of the Ukrainian Central Rada, although this significant event was «wiped out» from the public consciousness on the territory of Ukraine during the years of the Soviet totalitarian regime. At the same time, January 22 was a crucial event for the Ukrainian diaspora in the USA. This article examines how American Ukrainians interacted with the USA Government institutions regarding the celebration and recognition of the Ukrainian Independence day on January 22. The attention is focused on the activities of ethnic Ukrainians in the United States, directed at the organization of the special celebration of the Ukrainian Independence anniversaries in the US Congress and cities. Drawing from the diaspora press and Congressional Records, this article argues that many members of Congress participated in the observed celebration and expressed kind feelings to the Ukrainian people, recognised their fight for freedom, during the House of Representatives and Senate sessions. Several Congressmen submitted the resolutions in the US Congress urging the President of United States to designate January 22 as «Ukrainian lndependence Day». January 22 was proclaimed Ukrainian Day by the governors of fifteen States and mayors of many cities. Keywords: January 22, Ukrainian independence day, Ukrainian diaspora, USA, interaction, Congress


Author(s):  
Abraham L. Newman ◽  
Elliot Posner

Chapter 6 examines the long-term effects of international soft law on policy in the United States since 2008. The extent and type of post-crisis US cooperation with foreign jurisdictions have varied considerably with far-reaching ramifications for international financial markets. Focusing on the international interaction of reforms in banking and derivatives, the chapter uses the book’s approach to understand US regulation in the wake of the Great Recession. The authors attribute seemingly random variation in the US relationship to foreign regulation and markets to differences in pre-crisis international soft law. Here, the existence (or absence) of robust soft law and standard-creating institutions determines the resources available to policy entrepreneurs as well as their orientation and attitudes toward international cooperation. Soft law plays a central role in the evolution of US regulatory reform and its interface with the rest of the world.


2019 ◽  
Vol 28 (7) ◽  
pp. 797-811 ◽  
Author(s):  
Brianne Suldovsky ◽  
Asheley Landrum ◽  
Natalie Jomini Stroud

In an era where expertise is increasingly critiqued, this study draws from the research on expertise and scientist stereotyping to explore who the public considers to be a scientist in the context of media coverage about climate change and genetically modified organisms. Using survey data from the United States, we find that political ideology and science knowledge affect who the US public believes is a scientist in these domains. Our results suggest important differences in the role of science media attention and science media selection in the publics “scientist” labeling. In addition, we replicate previous work and find that compared to other people who work in science, those with PhDs in Biology and Chemistry are most commonly seen as scientists.


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