Order for transitional class III devices; submission of safety and effectiveness information under section 520(1)(5)(A) of the Federal Food, Drug, and Cosmetic Act--FDA. Notice

The Food and Drug Administration (FDA) is issuing an order requiring manufacturers of transitional class III devices to submit to FDA a summary of, and a citation to, any information known or otherwise available to the manufacturers respecting the devices, including adverse safety or effectiveness information which has not been submitted under section 519 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360i). This is the first step in the process of determining the appropriate classification of transitional devices under the Safe Medical Devices Act of 1990.     

险驾驶入罪评析——以《刑法修正案(八)(草案)》为视角

《中华人民共和国刑法修正案(八)(草案)》(以下简称《刑法修正案(八)(草案)》)将危险驾驶行为入罪具有重要意义,但是也存在诸多不足。我们应当在考虑各方建议的基础上通过协调设置危险犯和实害犯、调整刑罚幅度等措施对《草案》进行完善,从而架构规制危险驾驶行为的刑事法网。     

Implementation of section 403(a)(2) of Social Security Act; bonus to reward decrease in illegitimacy ratio. Administration for Children and Families, HHS. Final rule

The Administration for Children and Families is issuing a final rule describing how we will award a bonus to those States that experience the largest decreases in out-of-wedlock childbearing and also reduce their abortion rates. The total amount of the bonus will be up to $100 million in each of fiscal years 1999 through 2002, and the award for each eligible State in a given year will be $25 million or less. This incentive provision is a part of the welfare reform block grant program enacted in 1996--the Temporary Assistance for Needy Families, or TANF, program.     

行刑社会化（社区矫正）问题之探讨（下）

四、亟待改进的方面 由于社区矫正工作缺乏实践基础,尚处在探索阶段,在目前的试点中暴露出以下几个方面的问题: (一)观念上未能适应刑罚方式的改革: 中国传统的行刑观念和模式使大量的人在犯罪之后都被送往监狱,造成监狱压力巨大。从中国的传统观念来看,刑罚的目的就是惩罚犯罪人,受刑越痛苦似乎越能接近刑罚的目的。这一思想掣肘使我国在行刑方式改革上比较缓慢。     

Plans established or maintained pursuant to collective bargaining agreements under section 3(40)(A)--Pension and Welfare Benefits Administration. Notice of intent to form a negotiated rulemaking advisory committee

The Department of Labor (Department) intends to form a Negotiated Rulemaking Advisory Committee (Committee) in accordance with the Negotiated Rulemaking Act of 1990 and the Federal Advisory Committee Act. The Committee will negotiate the development of a proposed rule implementing the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. 1001-1461 (ERISA). The purpose of the proposed rule is to establish a process and criteria for a finding by the Secretary of Labor that an agreement is a collective bargaining agreement for purposes of section 3(40) of ERISA. The proposed rule will also provide guidance for determining when an employee benefit plan is established or maintained under or pursuant to such an agreement. Employee benefit plans that are established or maintained for the purpose of providing benefits to the employees of more than one employer are "multiple employer welfare arrangements" under section 3(40) of ERISA, and therefore are subject to certain state regulations, unless they meet one of the exceptions set forth in section 3(40)(A). At issue in this regulation is the exception for plans or arrangements that are established or maintained under one or more agreements which the Secretary finds to be collective bargaining agreements. If adopted, the proposed rule would affect employee welfare benefit plans, their sponsors, participants and beneficiaries, as well as service providers to plans. It may also affect plan fiduciaries, unions, employer organizations, the insurance industry, and state insurance regulators.     

Criteria for implementing permissive exclusion authority under Section 1128(b)(7) of the Social Security Act--Office of Inspector General, HHS. Notice

This notice sets forth a proposed policy statement, in the form of non-binding guidelines, to be used by the OIG in assessing whether to impose a permissive exclusion in accordance with section 1128(b)(7) of the Social Security Act. These guidelines identify specific factors with regard to whether an individual's or entity's continued participation in the Medicare and other Federal and State health care programs will pose a risk to the programs or program beneficiaries, and explain how these factors would be used by the OIG to assess a permissive exclusion decision.     

论作为土地征收目的的成片开发建设——兼评《土地管理法》第45条第1款第5项

土地开发与征收耦合,成片开发建设被认定为一项公共利益,但因土地基本国策和私人开发商广泛介入,又潜藏着政策性与结构性公共利益危机。在新发展理念下,成片开发建设背负通过基础设施和建设项目促进土地增值,实现经济、社会和生态综合效益的公共利益要求。为了确保名副其实,《土地管理法》第45条以"缩小土地征收范围"为原理支撑,设定了空间、规划、程序三重限制,但并未切中肯綮。未来实施性立法应以比例原则和正当程序原则为基础,按照前期准备、征地审批和正式作业三个阶段,构建成片开发建设的公共利益保障机制。     

Medicare program; criteria for defining skilled nursing facility under Section 1861(j)(1) of the Social Security Act--Health Care Financing Administration. Notice of HCFA ruling

This notice announces a HCFA ruling that restates HCFA's long-standing interpretation of what constitutes a skilled nursing facility under section 1861(j)(1) of the Social Security Act.     

Can a hyphen substitute a space in a domain name?

A recent decision of the Danish Complaints Board for DomainNames addressed the issue of hyphenating words in domain namesto get around the word spacing problem, where the domain namein question conflicted with rights in a personal name.