Gavels in the nursery: an Appellate Court shuts out parents and physicians from care decisions

This article explores a recent Wisconsin Court of Appeals decision in a medical malpractice case and its ramifications regarding Wisconsin's informed consent statute. The authors compare and contrast this decision with previous Wisconsin Supreme Court cases and consider the relevance of applicable federal law. The article presents a thoughtful analysis of how the Wisconsin Court of Appeals should have approached the issue, as well as how it created potential conflicts regarding the ethical duties of healthcare providers treating children.     

论经济社会发展规划与规划法制建设

经济与社会发展规划是政策和法律相耦合的社会规范表现形式,它对我国经济与社会发展发挥了积极促进与指导作用。在推进规划体制改革过程中,为科学编制与实施规划,要处理好经济社会发展规划与发展规划法的关系,应当完善与拓展政策与法律相耦合的形式,明确政府规划行为的公定力,提高公众参与度,健全经济与社会发展规划法制,完善国家宏观调控体系。     

Low fertility and concurrent birth control policy in China

China’s one-child policy, introduced in the late 1970s, has been in effect for over three decades. This article reviews China’s low fertility rate and the implementation of this stringent birth control policy in the context of low fertility. First, China’s fertility intention, behavior, and low fertility level trend are presented. Then, the official response to the low fertility level and the consequent misguided policy-making are investigated. Next, various obstacles to the abolishment of the strict birth control policy are discussed, including national leaders’ authority, related family planning regulations and laws, the inertia of this basic state policy under the auspices of the common good, the displacement of the family planning systems, and the necessity for social maintenance fees to keep grassroots governments in operation. After discussing the recent reform of this birth control policy in 2013 and the subsequent results, the incentives for a universal two-child policy are elucidated. These include the official acknowledgment of low fertility, the effect of birth control policy on fertility decline, the reactions of the general public, the attitudes of grassroots family planning cadres, the appeal from scholars, international experiences, the merging of population and family planning commissions, and national leaders’ attitudes. The paper concludes with an analysis of the cost of this birth control policy over the past decades.     

论立法规划的性质

立法规划,指一定的国家机关依照法定的职权,在一定政策与原则的指导下,根据一定的方式、程序与技术,对立法的进程进行的系统安排与设计。立法规划不仅仅是一种技术,或立法过程中的一个阶段,而且是立法政策的体现。立法规划具有政策性、非正式程序性和技术性。     

浙江省流动人口计划生育基本公共服务均等化的现状及实现途径简

社会管理已成为当下我国社会发展的     

Evaluating health planning: empirical evidence on HSA regulation of prepaid group practices

The regulation of HMOs by health planning agencies serves as a "tracer" to aid in evaluating HSAs, and as a source of empirical evidence for the heretofore largely theoretical health policy debate between market reformers and regulators. Two complementary studies (the authors' 1979 survey investigating the hospitalization policies of prepaid group practices, and AMPI 's study of all HMO applications submitted to HSAs from 1975 through mid-1978) provide information about the extent of HMO applications to planning agencies, the rate of rejections, the burden of the planning process of HMOs, and the possibility that negative perceptions of regulation may have led HMOs to refrain from activities requiring planning approval. Both studies reveal that health planning review was detrimental to 20 to 30 percent of HMOs. Thus data collected during the period of extensive HSA regulation of HMOs seem to justify the current policy that gives HSAs only very limited authority over HMOs.     

ERISA failures and the erosion of workers' rights: the urgent need to protect private & public workers' pension and benefits

On March 11, 2011, Governor Scott Walker of Wisconsin signed into law a bill that eliminated most collective bargaining rights for the state's public-sector workers. Many other cash-strapped states followed Wisconsin's lead and introduced or enacted similar restraints on the rights of their workers. Thousands of public workers, whose only means of protecting their rights rested in their ability to collectively bargain, suddenly found their retirement benefits in jeopardy. This truth highlighted the lack of protections for public worker benefits similar to those of the private sector. However, the Employee Retirement Income Security Act, enacted for that purpose, has failed to secure these benefits. This article seeks to provide a broad overview of the crisis facing the pension and benefits system in the United States and offers some possible solutions. More importantly, the goal is to spur discourse on the urgent need to protect the benefits of all workers, public and private.     

论侦查决策之概念

侦查决策,即侦查中的决策活动。“决策”是“侦查决策”的种概念,“侦查决策”是“决策”的属概念。侦查决策是侦查主体在侦查活动中,在一定的客观条件下为达到一定的目的,为确定侦查的行动目标和行动方法而进行的一系列筹划、优选和决断活动。侦查决策这一概念的引入,为我们在侦查决策理论学术研究中开辟了一条深入研究侦查活动中的决策活动的道路,也开辟了一条从决策这一独特角度深入研究整个侦查活动过程的道路。     

和谐社会视角下的中国政府社会政策能力

社会政策是和谐社会发展的制度保障。社会政策作为社会运行机制中的平衡机制,提高社会政策能力对于构建社会主义和谐社会起着举足轻重的作用。和谐社会语境中应然状态下政府社会政策能力包括维护社会公正,协调利益矛盾的能力;敏感的社会政策意识的能力;高屋建瓴的规划社会政策的能力;有效实施社会政策的能力。中国政府社会政策能力的实然状态与应然状态相比,差距很大,需要提升政府社会政策能力,使其从实然状态向应然状态的转化。     

EXAMINATION OF THE IMPACT OF INCREASED COURT REVIEW ON PERMANENCY OUTCOMES FOR ABUSED AND NEGLECTED CHILDREN

This article provides a brief history of a federally funded court improvement program, describes the Dane County Court Improvement Project, and discusses the implications of the project evaluation's findings. As part of Wisconsin's efforts under the federally funded state court improvement program, Dane County developed and evaluated a form of accelerated review of selected juvenile court cases. The accelerated review intended to expedite permanency outcomes for abused and neglected children in out-of-home care. The evaluation's findings of the initiative suggest that more frequent court reviews than those mandated by law may increase the likelihood of adopting children entering out-of-home care with no decrease in the likelihood of family reunification. However, because many of the children whose parental rights had been terminated had yet to be placed for adoption at the time of the study's conclusion, the encouraging early findings of the initiative should be regarded with some caution.     

试析城市规划的基本属性与转型期政府行为之间的矛盾

目前, 我国的城市化已进入了加速发展时期, 城市的发展需要正确、合理的城市规划作为保障。充分认识城市规划的公共利益属性、法律属性、开放属性、可持续发展属性, 对于城市规划的编制和实施具有非常重要的意义。但在转型时期, 有些城市政府在规划中片面注重经济效益, 规划决策非程序化, 急于扩大城市的发展规模, 没有建立起与公众长期开放的沟通渠道, 这与城市规划的基本属性是不相符的。因此, 必须运用科学发展观理论对政府行为加以引导和规范。     

Planning helps: The impact of release planning on subsequent re-entry experiences of child sex offenders

Abstract

Recent research has demonstrated that poor release planning is associated with sex offender recidivism; however, whether release planning correlates with actual re-entry experiences has not been investigated systematically. Accordingly, in the present study release planning was rated for 16 child sex offenders, and semi-structured interviews about re-entry experiences were conducted at one, three and six months following their release from prison. As expected, significant positive correlations were found between release planning and re-entry experiences across the follow-up period, indicating that higher-quality release planning is associated with more positive re-entry experiences. Accordingly, it can be assumed that re-entry experiences differ between recidivists and non-recidivists, and hence positive re-entry experiences contribute to a reduction in sex offender recidivism. The implications for the management of offender release, policy makers and society as a whole are discussed.     

The Renaissance of Comprehensive Planning: The Oregon Case

During the last decade, a popular pastime among planners and others has been to discredit the comprehensive plan and the process by which such plans are developed. Advocacy planning, strategic planning, policy planning, social planning, etc., were suggested alternatives to the traditional focus of planning-the comprehensive plan, The reasons for criticism were varied, but basically they boiled down to the fact that plans often ended up on shelves collecting dust. Plans failed as continuing guides to a wide variety of decisions since they were static end-state conceptions a supposedly better world. Plans and their associated regulatory devices were found inadequate to control or limit the effects of the market-plans were simply ineffective tools. So the searcH began for alternatives or modifications to the comprehensive plan.     

Dynamic systems simulation analysis: A planning tool for the new century

Dynamic systems simulation analysis is an analytical technique that allows for the modeling of complex, nonlinear systems. While this technique is currently not widely used in the social sciences or in criminal justice planning, the author argues that more attention should be given to these models in criminal justice. These models can be used in a variety of ways—to gain greater insight into processes of system change, to track the development of specific system populations (e.g., drug offenders, elderly offenders), and to estimate projected system growth and change over a variety of legislative and policy scenarios—making them useful tools for theoretical development and policy evaluation, as well as more pragmatic considerations such as program, facilities, and overall system planning. An overview of the methodology and some examples of analyses are presented.     

Keeping Creativity Downtown: Policy Learning from San Francisco,Seattle, and Vancouver for Municipal Cultural Planning in Toronto

I examine Toronto's interest in the policy learning process regarding possible solutions to development pressure downtown though understanding policies from San Francisco, Seattle, and Vancouver. Grounded by the analysis of creative city interventions and incorporating a theoretical framework of policy adaptation, the investigation is informed by interviews with fifty-one multi-sector stakeholders, historical and archival materials, and policy documents. Return to urban living and the creative cities movement challenge city centers in preserving creative and cultural businesses and organizations. Emergent data themes include: (1) research and strategic planning; (2) stakeholder partnerships; and (3) economic development incorporating economic benefit and social good.     

“不合规”规划许可合法性审查的检视与司法空间政策的形成

“不合规”是不符合国家强制性标准的简约表达,我国各地法院对于“不合规”规划许可是否合法的裁决并不一致。国家强制性标准具有法律约束力,把公法意义上对“不合规”规划许可的合法性审查转化为私法意义上对居民是否获得侵权补偿的审查是不妥的,认定“有补偿则合法”实际进行了“超越法律的法的续造”,会产生负外部性效果,因而在公法层面上“不合规”则不合法的判断模式是成立的。为适度发挥司法空间政策形成功能,可确认经补偿之“不合规”许可违法而不予撤销,并制度性激活反向征收作为补救措施,为城市持续发展服务。     

Speech, privacy, and the power of the purse: lessons from the abortion "gag rule" case.

In Rust v. Sullivan, 59 U.S.L.W. 4451 (1991), the US Supreme Court ruled that neither the privacy interests of family planning clients nor the 1st Amendment interests of their counselors prevented the government from banning all discussion of abortions in federally funded family planning clinics. In doing so, the Court also reaffirmed its view that the state and federal legislatures have virtually unlimited discretion in limiting or conditioning social welfare programs, a view having even greater long-term implications for American health policy than the implications of Rust for the constitutional protection of abortion. Rust upheld the Department of Health and Human Services' 1988 directive prohibiting the use of any funds from Title X of the Public Health Service Act (authorizing family planning programs) in programs where abortion is a method of family planning. This means that a clinician may lawfully respond to a client's inquiry about abortion only with a denial that abortion is an option. Thus, while allowing women the constitutional protection to chose an abortion, the Court has allowed the legislature to freely use the power of the purse to discourage or prevent the choice of abortion. Rust's greatest impact may well be in its acceptance of the enormous power wielded by the government over funded activities, especially in health policy. Justice Rehnquist believes there is not constitutional right to health, welfare, or any other government benefit; the legislative branches of the government cannot be required by judicial interpretation of the Constitution to provide any particular benefit or service to anyone. Even when the government chooses to fund a particular benefit, it is free to condition that benefit with virtually no judicially enforceable limits on that discretion.     

The politics of health care regulation: the case of the National Health Planning and Resources Development Act

This paper examines the political and bureautic dynamics of health regulation under the National Health Planning and Resources Development Act and, to a lesser extent, the Carter Cost Proposal now before Congress. A number of underlying issues that affect the day-to-day exercise of health planning are considered, including the contest between state and local and federal government for program control, jurisdictional conflict between state and local planning agencies, and the unsettled roles to be played by professional planners, consumers, and providers. When we assess regulatory policy in health, these complicating factors must be added to the long list of handicaps that already exist. One important finding is that local planning agencies have embraced the task of health regulation somewhat more fully than had generally been expected. A number of explanations for this are offered. In short, the controlling factors in health planning are political, not technical, and there is more occurring at the state and local levels than many had predicted, although any impact is not likely to be dramatic.     

农村人口变迁对农业家庭经营的影响与法律对策

作为农村社会变迁的重要组成部分,农村人口变迁主要包括人口数量、结构、质量、心理素质以及思想观念等方面的变化。在新的历史时期,我国农村人口的变迁呈现出独特的趋势。农村人口各个方面的变迁会对农业家庭经营产生重要而又深远的影响,因此,必须重视农村人口变迁的趋势及其影响,着力调整计划生育、农村就业以及农村公共产品供给等方面的法律制度,确保我国农业家庭经营获得健康发展。     

Crime prevention in residential districts by urban planning measures

Crime prevention cannot be achieved through police control alone, nor can it be achieved through interventions in the physical or social urban environment alone: it needs a combination of several approaches. The concept of defensible space proved to be too limited in scope for direct application. A proper combination of strategies integrates inter alia urban design, community organization and housing management. Urban planning, in a wider sense, can be conducive to the reduction of crime and fear of crime. Examples of urban planning concepts and elements illustrate the variety of (possibly) preventive measures. The measures should be embedded in an integrative criminal policy on the municipal level.