The art of regulation and the regulation of ART: the impact of regulation on research and clinical practice

How a society regulates Assisted Reproduction Technologies (ART) depends on cultural context. The challenge for the regulatory regime is to balance protection for patients and society with freedom for medico-scientific creativity. Neither an exclusively market-regulated nor a peer-regulated approach is realistic politically, or desirable socially, ethically and legally. Legitimate social issues that go beyond the exclusive expertise of doctors and scientists or market choice by patients need to be accommodated within the regulatory regime. Within this context, four key issues are discussed: the lack of a shared social ethic that helps the needs of the community to be balanced against those of its individual members; the negative impact of intrusive external regulation on scientists and doctors; the requirement for doctors and scientists to review their professional structures reflectively and critically if they are to be entrusted with peer-regulation; and the desirability of constructive dialogue between regulators and regulated rather than the use of coercion and criminal sanctions.     

Privacy and the regulation of 2012

This paper explores the European Commission’s proposal for a new Regulation to update and reform data protection law in Europe. As regards the Regulation itself, without presenting an exhaustive analysis of all the provisions, this paper aims to highlight some significant changes proposed to the data protection regime by comparison between Directive 95/46 and the proposed Regulation. It takes particularly into account legislative innovation concerning data protection principles, data subjects’ rights, data controllers and data processors obligations, and the regulation of technologies. Before analyzing these innovations, it introduces some considerations about the Commission’s choice to use a Regulation instead of a Directive to harmonize national data protection regime.     

Professional regulation

Recent years have witnessed an increase in interest in professional regulation. The extent to which the professions should control professional regulation and the provision of professional services is the issue at stake. The strengthening of societal forces and attitudes on either side has intensified matters. Forces on the side of professional dominance include tradition, expertise, and politics. Opposed are individual liberty and individualism, theories of free enterprise, and egalitarianism. The controversy has also been influenced by recent political developments involving the emergence of two antiregulatory movements: the “control” movement, and the “antigovernment” movement. The former involves an attempt to control government regulatory power. The latter is a more broad-based political attack on regulation aimed at less government in general. The most significant impact of the current controversy is that professional regulation has become an important public issue.     

在规范与价值之间--评《从宪法规范到规范宪法--规范宪法学的一种前言》

<从宪法规范到规范宪法--规范宪法学的一种前言>是林来梵博士最新出版的一部宪法学著作①.林博士负笈东赢八年,近年来在中国公法学界已是一位颇为引人关注的学者,这是他在中国大陆出版的第一部法学专著.本文试图从立场、语境和进路等方面对<规范>做出解读,并在解读的基础上对<规范>略加回应.本文的解读和回应均基于学术的立场和目的,以作为与<规范>的对话.     

论个人收入差距与政府协调对策

我国经济转型期出现的个人收入差距扩大的现象日益引人关注,成为社会主义市场经济深入发展的热点问题。“十一五”规划把缩小收入差距放在经济社会发展更加突出的位置。缩小个人收入差距,是构建社会主义和谐社会和全面建设小康社会的艰巨任务,也是政府协调社会经济利益关系面临的新课题。本文在对个人收入差距现状分析的基础上,提出政府实施协调职能的对策。     

完善医疗制度 缓和医患关系

随着社会的发展,医疗纠纷数量日趋增多,成为卫生部门、医院、医生的最大难题,是继医疗改革之后的又一备受社会各界关注的热门话题,医患关系成为社会最不和谐的声音。医患关系紧张、医疗纠纷增多与我国目前相关制度、法规不健全有极大的关系。本文探讨通过建全相关制度、法规以缓和医患矛盾的问题,试图寻找合理处理医疗纠纷的办法。     

The reorganization of the professions by regulation

This paper briefly notes recent efforts at regulating the professions, distinguishing regulation by the market, by the bureaucracy and by collegial mandate. It attempts to assess regulation by first evaluating and then rejecting the theories of deprofessionalization and of proletarianization. This paper suggests that while the essential corporate autonomy of professions is not being affected by regulatory activities, traditionally “free” professions like law, medicine, and dentistry are being reorganized into a formal system of stratification. Consequently, a formal professional elite is being created that develops standards enforced to govern the performance of the rank-and-file professional worker. Possible consequences are briefly discussed.     

Issues in the regulation of cable TV

The purpose of this paper is first to examine some key concepts in the economic theory of regulation, then to apply these to the issue of a regulatory framework for cable TV in the United Kingdom. The proposals arising from the Hunt Committee and the Government White Paper on the subject are evaluated theoretically alongside two other suggestions—a completely free market and a potentially attractive alternative regulatory scheme involving “common carrier” status for cable providers.     

Amendment to the interim final regulation for mental health parity. Amendment to interim final regulation

This document amends the interim final regulation that implements the Mental Health Parity Act of 1996 (MHPA) to conform the sunset date of the regulation to the sunset date of the statute under legislation passed on December 9, 2006.     

Constructive cigarette regulation

Professor W. Kip Viscusi argues for a move away from the adversarial approach to tobacco regulation, an approach that is currently embodied in class action lawsuits and the proposed broadening of FDA regulatory power over cigarettes. In this Article, he suggests that the FDA should take a constructive role in fostering technological innovations to promote cigarette safety, in much the same way that the government currently fosters safety improvements in motor vehicles and jobs. Professor Viscusi claims that the objective of government policy should be to promote informed consumer risk taking--an approach which recognizes that adult consumers have a right to smoke and to incur the associated risks. He provides survey data demonstrating that although consumers know that smoking is a risky decision, they have little exposure to information regarding the comparative riskiness of various cigarette brands. According to Professor Viscusi, the government should assist in compiling and disseminating information regarding the comparative risks of different smoking options and the effects of certain innovative safety features for cigarettes. Making this information available would enable consumers to make more informed smoking decisions and potentially minimize the health hazards that smoking poses.     

Legal regulation of the drug khat in Australia

The plant Catha edulis, known more commonly as khat, has been consumed for centuries for its stimulatory effects, especially by people living in East Africa. As people from Somalia, Ethiopia and other East African countries have migrated to Australia, they have brought with them the practice of chewing khat. This article examines the claims made about the effects of khat on health and wellbeing and explores the approaches to the regulation of khat in Australia and overseas. The article concludes with a discussion of some of the concerns associated with current regulatory approaches and makes some suggestions for reform.     

竞争合规——以规制卡特尔为核心

卡特尔是公认的对市场竞争影响最为恶劣垄断行为。有效规制卡特尔除了加强公共执行和私人执行的威慑水平外,通过制度设计使企业产生自愿服从的内生性动机是一种新思路和新途径,这就需要将竞争政策融入公司治理,在企业内部建立竞争合规制度。     

治理街头小广告的法律问题

治理街头小广告需要注意的法律问题是,街头小广告与公民的通信自由和通信秘密以及商业性言论自由有着复杂联系,要求电信企业限制和中止小广告者的通讯工具使用,还须考虑到企业的经营自主权不得无辜受侵犯.地方性法规普遍性地作出限制和中止街头小广告者通讯工具使用的规定,超越了宪法和法律所赋予的立法权限,对维护法制的统一危害很大.     

Welfare enhancing regulation exemptions

Sanctions for regulation violations are used to deter conduct which could potentially result in great social harms. This practice over-deters low-risk entities and under-deters high-risk entities, which leads to social losses. This paper analyzes whether and how such social losses can be mitigated. I show that this can be achieved by allowing regulatees to purchase passes exempting them from regulations at appropriate prices, although they remain liable for any harm they cause.