Regulations for in vivo radiopharmaceuticals used for diagnosis and monitoring. Food and Drug Administration, HHS. Final rule

The Food and Drug Administration (FDA) is issuing regulations on the evaluation and approval of in vivo radiopharmaceuticals used in the diagnosis and monitoring of diseases. FDA is issuing these regulations in accordance with the Food and Drug Administration Modernization Act of 1997 (the Modernization Act). These regulations are intended to clarify existing regulations applicable to the approval of radiopharmaceutical drugs and biologics under the Federal Food, Drug, and Cosmetic Act (the act) and the Public Health Service Act (the PHS Act).     

《物权法》实施对船舶物权立法的影响

《物权法》实施后,其一般规定对船舶物权有适用的余地,但《物权法》对船舶物权采用不同于一般财产的变动模式,导致船舶物权在直接适用《物权法》时将产生制度上的冲突,对此,需要通过修改《海商法》和《船舶登记条例》,另行进行制度上的配置。     

The Family and Medical Leave Act of 1993--Wage and Hour Division, Department of Labor. Interim final rule; request for comments

This document contains interim regulations implementing the Family and Medical Leave Act of 1993 called ("FMLA" or "the Act"). The Act is effective on August 5, 1993, six months from the date of its enactment. Where a collective bargaining agreement is in effect on August 5, 1993, the Act is effective when the collective bargaining agreement terminates or February 5, 1994, whichever is earlier. The purpose of these regulations is to set forth the requirements of Title I and Title IV of the Act. Title I applies to covered private employers and public agencies (except for most of the Federal Government, which is governed by Title II). Title IV of the Act primarily concerns the relationship between FMLA and other laws, as well as collective bargaining agreements and other employer plans and programs.     

我国《环境影响评价法》的完善

《环境影响评价法》的颁布是中国环境立法的一个里程碑,本文分析了我国的环境影响评价法存在的一些不足,并提出了完善我国环境影响评价法的一些可行性的建议。     

Nonpayment of benefits when the Social Security Administration receives notice that an insured person is departed or removed from the United States. Final rule

To implement part of the Social Security Protection Act of 2004 (SSPA), we are revising our regulations that prohibit payment of monthly benefits and the lump sum death payment under title II of the Social Security Act (the Act) when SSA receives notice that an insured person is deported or removed from the United States under certain provisions of the Immigration and Nationality Act (INA).     

Troubled Waters: The Unifying Influence of Conservation and Public Health on the Access Provisions of the Marine and Coastal Access Act

The Marine and Coastal Access Act, amongst its other aims, is intended to ‘build on existing access legislation to create a route around the coast of England’ (Foreword to the Draft Marine Bill, HMSO 2008). As such the Act can be seen as a continuation of the access objectives of the Countryside and Rights of Way Act, and possibly as a vindication of the success of the original Act. The broad objectives of access, land management and conservation are present in both pieces of legislation, though it remains to be seen whether the access provisions of the Marine Act will enjoy the same level of funding as those of the CROW Act. This paper investigates the origins of the Marine Act, and in particular the power and influence of tourism, nostalgia and environmentalism on the emergence of this legislation.     

《〈民事诉讼法〉修改决定》评析——兼论我国《民事诉讼法》的修改

《民事诉讼法》修改是众望所归的事,但以《〈民事诉讼法〉修改决定》的形式通过却有点出乎大家的意料。《〈民事诉讼法〉修改决定》有其创新之处,但其暴露的不足也是显而易见的。应当尽快启动对《民事诉讼法》的全面修改程序,将其打造成一部既有前瞻性又有特色的能很好服务于民事诉讼的法律。     

Principles,patient welfare and the Adults with Incapacity (Scotland) Act 2000

The law surrounding decision-making for adults who lose their capacity varies considerably internationally. In many cases legislation has taken a protective and consequently restrictive role for adults with incapacity and often the issue of capacity assessment within the appropriate legal framework is circumvented. In Scotland, the introduction of the Adults with Incapacity (Scotland) Act 2000 modernised that nation's approach to incapable adults. This article describes briefly the pre-2000 Act situation in Scotland, discusses the main provisions of the Act, reviews the use of principles in incapacity legislation in Britain, and discusses issues relating to patient welfare. The use of principles to extend patient autonomy into incapacity is demonstrated and compared with the English and Welsh Mental Capacity Act 2005 (the 2005 Act) through a discussion of how the principles in each of those Acts promotes particular ideologies of decision making. Finally, the article examines recent Scottish case law relating to the 2000 Act and discusses how the courts are currently interpreting the principles of the Act.     

试论民航法的基本价值结构

法律价值是法学研究的核心问题.在漫长的法学发展进程中,形成了一套完整的法律价值体系.对于各部门法律,由于调整对象的性质不同,法律价值结构各异.民航法在我国法律体系中是较特殊的法律门类,应该有其独特的价值结构.但是长久以来,我国学界缺乏关于民航法的价值结构的研究.面临我国修改民航法的情势,强化民航法价值的研究是必要的,应当确立以"领空主权原则、安全、正义、效益"为内容的民航法基本价值结构,以此作为修改民航法的指导思想.     

NEPA: Not as Much as Many Wanted; More than Many Bargained for.… All We're Likely to Get

This article is an elaboration of remarks made at the American Society of Planning Officials annual conference workshop on the National Environmental Policy Act, April 9, 1973. It is also part of a more extensive analysis of impact statements and the National Environmental Policy Act being undertaken by the author during 1973–74, as a joint project of the International Union for Conservation of Nature and Natural Resources and the Fund for Environmental Studies, in Bonn, Germany. It is not intended to be an exhaustive analysis of the Act, its historical background or potential administrative problems posed either by the Act itself, or by CEQ guidelines or court decisions implementing the Act. Most of these issues have been explored at some length by others. If anything, this article is an early, perhaps too early, favorable appraisal of the Act, along with some cautions and the author's biases as to what practical and political reality is likely to produce vis-a-vis NEPA in the near future.     

Children's Health Insurance Program (CHIP); allotment methodology and States' fiscal years 2009 through 2015 CHIP allotments. Final rule

This final rule describes the implementation of funding provisions under Title XXI of the Social Security Act (the Act), for the Children's Health Insurance Program (CHIP), as amended by the Children's Health Insurance Program Reauthorization Act of 2009 (CHIPRA), by the Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA), by other related CHIP legislation, and most recently by the Patient Protection and Affordable Care Act of 2010 (the Affordable Care Act). Specifically, this final rule addresses methodologies and procedures for determining States' fiscal years 2009 through 2015 allotments and payments in accordance with sections 2104 and 2105 of the Act, as amended by CHIPRA and the Affordable Care Act.     

Directors’ duties under the 2019 Companies Act of Ghana

The scope of directors’ duties forms perhaps the most important part of corporate governance. This paper considers the trajectory of the regulation of directors’ duties under Ghanaian company law from the Companies Act, 1963 (Act 179) to the Companies Act, 2019 (Act 992). Using the 2017 to 2019 financial institutions’ insolvencies in Ghana as a backdrop, it considers whether the scope, formulation and structure of directors’ duties within the new legislation is capable of promoting corporately-beneficial director behaviour. It also discusses whether the framework is apt to deal with similar lapses in corporate governance marked by reckless and opportunistic director behaviour. It discovers that Act 992 places a greater reliance on specific rules while retaining the largely principles-based regulatory technique adopted for regulating director conduct under Act 179. The overall tenor of the framework of directors’ duties under the new Act points to a firmer legislative view of the serious consequences of reckless director conduct. The paper concludes that the language of the framework regulating director conduct is capable of promoting corporately beneficially director behaviour and is also apt to deal with the kind of lapses in corporate governance which led to mass financial sector insolvencies in Ghana.     

Deemed duration of marriage for widows/widowers and removal of restriction on benefits to children of military parents overseas. Final rules

We are issuing these final rules to reflect in our regulations changes to the Social Security Act (the Act) made by two provisions in the Social Security Protection Act of 2004 (SSPA), enacted on March 2, 2004. One provision added a new situation in which the 9-month duration-of-marriage requirement for surviving spouses under title II of the Act is deemed to have been met. The other provision removed a restriction against payment of Supplemental Security Income (SSI) benefits, under title XVI of the Act, to certain blind or disabled children who were not eligible for SSI benefits the month before their military parents reported for duty outside the United States.     

Notice regarding the Federally Supported Health Centers Assistance Act of 1992--HRSA. Notice

On May 8, 1995, the Secretary of Health and Human Services published a final rule implementing certain provisions of the Federally Supported Health Centers Assistance Act of 1992 (the Act). The Act provides for liability protection for certain grantees of the Public Health Service and for certain individuals associated with these grantees. The Health Resources and Services Administration is the agency within the Department responsible for administering certain aspects of the Act. This notice provides further guidance regarding the final rule.     

Notice regarding Federally Supported Health Centers Assistance Act of 1992--HRSA. Notice

The Secretary of Health and Human Services (the "Secretary"), in consultation with the Attorney General, provides the following notice regarding Public Law 102-501, the "Federally Supported Health Centers Assistance Act of 1992" (the "Act"). The Act provides for liability protection for certain health care professionals and entities. This notice sets forth information whereby an entity or a person can determine when, and the extent to which, it is deemed to be an entity as described in the Act.     

Oregon: does physician-assisted suicide work?

Since November 1997, Oregon, a State in the United States of approximately 3.3 million people, has allowed physician-assisted suicide, although not euthanasia, by virtue of the Death with Dignity Act. Before the Act, physician-assisted suicide, as in Australia and other common law jurisdictions, was illegal. Under the Act, the Oregon Department of Human Services is required to collect information and provide an annual report. The Sixth Annual Report on Oregon's Death with Dignity Act was released on 10 March 2004.     

The Origins of the Factors Acts 1823 and 1825

The Factors Act 1823 was the first major statutory exception to the rule nemo dat quod non habet in English law. The limited existing analysis of this Act suggests that it came about through the lobbying actions of merchants. This article demonstrates that the Factors Act 1823 was actually a compromise, and was considered a mere stepping-stone for further reform. The additional role of government policy in the development of the Factors Act 1825 is also demonstrated.     

Adopting (in)equality in the UK: the Equality Act 2010 and its impact on charities

This article considers the relationship between the Equality Act 2010 and the Charities Act 2011 (in Scotland, the Charities and Trustee Investment (Scotland) Act 2005) in the context of adoption by same-sex couples and the complex exceptions to the Equality Act that charities may be able to rely upon in order to continue to discriminate. It concludes that the law is confusing to the point of opacity, to the detriment of those seeking to exercise their rights and those called on to adjudicate conflicts.     

Work Choices and the Radical Revision of the Public Realm of Australian Statutory Labour Law

Australia’s statutory labour law has undergone very significantamendment following the enactment of the Workplace RelationsAmendment (Work Choices) Act 2005 (the Work Choices Act). Thisarticle argues that the new law radically revises the publicrealm of labour law established through the century-old systemof conciliation and arbitration. The Act seeks to strip backthe influence of trade unions and the traditional regulator,the Australian Industrial Relations Commission. It generatesa realm of private employer power, augmented where necessarywith direct intervention by Executive government to ensure thatthe old system does not re-emerge. The Work Choices Act is remarkablein its use of statutory language to obscure and defer meaning.The processes of its making were also marked by a reluctanceof the government to explain or even acknowledge the importof the law. It is tentatively concluded that the Act is a productof the mix of ideological, pragmatic and psychological motivationsunderlying its creation.     

Alaska public health law reform

The Turning Point Model State Public Health Act (Turning Point Act), published in September 2003, provides a comprehensive template for states seeking public health law modernization. This case study examines the political and policy efforts undertaken in Alaska following the development of the Turning Point Act. It is the first in a series of case studies to assess states' consideration of the Turning Point Act for the purpose of public health law reform. Through a comparative analysis of these case studies and ongoing legislative tracking in all fifty states, researchers can assess (1) how states codify the Turning Point Act into state law and (2) how these modernized state laws influence or change public health practice, leading to improved health outcomes.