Assistance to States for the Education of Children with Disabilities. Office of Special Education and Rehabilitative Services, Department of Education. Final regulations

The Secretary amends the regulations for the Assistance to States for the Education of Children with Disabilities program under Part B of the Individuals with Disabilities Education Act (IDEA; Part B). This amendment is needed to implement the statutory provision that for any fiscal year in which the appropriation for section 611 of the IDEA exceeds $4.1 billion, a local educational agency (LEA) may treat as local funds up to 20 percent of the amount it receives that exceeds the amount it received during the prior fiscal year. The amendment is intended to ensure effective implementation of the 20 percent rule by clarifying which funds under Part B of IDEA can be included in the 20 percent calculation, and, as a result, to reduce the potential for audit exceptions.     

What Does the Epidemic of Childhood Obesity Mean for Children with Special Health Care Needs?

Bringing the 12.8% of children with special healthcare needs into the national response to the childhood obesity epidemic will require new information, a view of health promotion beyond that which occurs within healthcare systems, and services and supports in addition to the multi-sectoral strategies presently designed for children overall. These efforts are necessary to protect the health of the nation's 9.4 million children with special health care needs now and long-term.     

The Commission for Equality and Human Rights:A New Institution for New and Uncertain Times

The establishment of the Commission for Equality and Human Rights(CEHR) has generated a mixture of praise, controversy and heightenedexpectations. The new Commission has more extensive enforcementpowers than did the previous equality commissions. In addition,the ongoing expansion of anti-discrimination law means thatthe CEHR has new terrain on which to press for change. However,its troubled birth, the pressure of expectation, the ever-increasingcomplexity of enforcing anti-discrimination legislation andthe tensions that lurk within its broad remit present substantialchallenges for the new Commission. It will have to be flexible,creative, strategic and tough-minded where required if it isto win credibility and ensure respect for anti-discriminationand human rights values.     

The potency of cannabis in New Zealand from 1976 to 1996.

The potency of cannabis plant and cannabis products seized in New Zealand over the period of 20 years is studied. The earlier part of the study includes mainly imported cannabis oil and cannabis resin, and both imported and locally grown cannabis plant, that was seized by the police. The later part of the study includes little imported material. Cannabis plant is now locally grown, cannabis oil is locally manufactured and imported cannabis resin is rarely seized. The average potency of the cannabis plant available to the user has not increased over the 20 years period. Cannabis leaf contains on average 1% THC and the female flowering heads on average 3.5% THC. The average potency of cannabis oil has dropped from its peak at 34% THC in 1985 to 13% THC in 1995.     

Coping with Conway v. Rimmer [1968] AC 910: How Civil Servants Control Access to Justice

The article, based on a review of files in the National Archives, examines the role of civil servants in claims for the suppression of state documents at trial on grounds of public interest immunity (PII). Government lawyers solicited responses from other ministries to the landmark Lords decision in Conway v. Rimmer and coordinated the civil service campaign against this unwelcome judicial intrusion into their professional domain. The decision was seen as a threat to confidentiality and the secret cultivation of administrative expertise. Academic debate on the evolution of the PII doctrine has centred on the allocation of responsibility between an overly deferential judiciary and ministerial concern to avoid political embarrassment. The role of civil servants may have been more coherent and ideologically motivated than previously appreciated. As the courts increasingly challenge government claims for suppression of material at trial, the article highlights the historical factors determining the executive's innate instinct for secrecy.     

对我国公民受教育权平等实现的审视

我国对公民受教育权的平等实现保护力度不够,这种情况不利于维护我国宪法的权威和维护稳定的法制秩序,甚至会影响整个国家教育水平和全社会公民整体素质的提高,也不符合平等受教育权保护的国际化潮流。从造成这种情况大量存在的原因出发,完善宪法、宪法性法律、加强司法保护工作等是必不可少的措施,但归根结底,发展经济,增加教育投入是加强对公民受教育权保护的根本措施。     

Access to medicine and the dangers of patent linkage: lessons from Bayer Corp v. Union of India

In February 2010, the Delhi High Court delivered its decision in Bayer Corp v Union of India in which Bayer had appealed against an August 2009 decision of the same court. Both decisions prevented Bayer from introducing the concept of patent linkage into India's drug regulatory regime. Bayer appealed to the Indian Supreme Court, the highest court in India, which agreed on 2 March 2010 to hear the appeal. Given that India is regarded as a global pharmaceutical manufacturer of generic medications, how its judiciary and government perceive their international obligations has a significant impact on the global access to medicines regime. In rejecting the application of patent linkage, the case provides an opportunity for India to further acknowledge its international human rights obligations.     

The highs and lows of working with sexual offenders: A New Zealand perspective

Abstract

The positive effects on clinicians responsible for the treatment of sexual offenders are little understood. The few available studies have focused upon the negative sequelae of this work. The current study of clinicians working therapeutically with sexual offenders at a community-based organization aimed for a more balanced picture of the effects of sex offender treatment provision. Using qualitative methods, both negative and positive aspects of this work emerged within three main themes: taking an optimistic perspective, working for community outcomes and supportive agency culture. Although the study revealed many challenges for therapists, these were found to be counterbalanced against rewards, affording a high degree of personal and professional fulfilment from working within this field.     

The Balance Between Student Drug Testing and Fourth Amendment Rights in Response to Board of Education v. Earls

In 1995, the United States Supreme Court rendered its decision in Vernonia School District 47J v. Acton , holding that a school district's random suspicionless drug testing of student athletes for participation in interscholastic athletics did not violate the Fourth Amendment's prohibition against unreasonable searches and seizures. In light of the Acton decision and in response to statistics indicating that drug use among students is rising, a number of school districts nationwide implemented mandatory drug testing for students. A 2001 study of the student drug-testing policies of Texas school districts confirmed this trend. The Supreme Court recently revisited the issue of random suspicionless drug testing of students in Board of Education v. Earls , where it upheld the district's policy requiring drug testing of students in any extra-curricular activities. This article examines the effects of the Supreme Court's decision in Board of Education v. Earls on Texas school districts' student drug-testing policies.     

The coping strategies and responses of African youth in New Zealand to their encounters with the police

This article looks at the coping behaviors used by African youth in Aoteaora New Zealand during their encounters with the police. African youth are one of New Zealand's newest and youngest populations yet report disturbing accounts of racial provocation and abuse by the New Zealand police. In a research study carried out with African youth about their experiences with the police, qualitative interviews with the youth and African community leaders revealed that the youth responded to the discriminatory behaviors of the police in a number of ways. These responses included being obstructive, demonstrating vigilance of police practices, and avoiding subsequent encounters with the police, and indicate that the youth are prepared to challenge the perceived racism of the police.     

安娜法的权威解释：英国米勒案和德纳森案

尽管1709年英国颁行了现代著作权制度起源的安娜法,然而却并没有解决著作权制度的基本理论问题,而只“是为书商的关于永久性著作权主张的法律争论打基础。”现代著作权制度的基本理论问题在迟至半世纪后英国米勒诉泰勒案(下称米勒案)     

澳大利亚、新西兰、香港、加拿大传闻法律改革及酝酿中的改革——以“先前不一致陈述”为重要视角

本文概览了澳大利亚、加拿大、新西兰、香港等四个主要的环太平洋普通法系国家和地区的传闻法律改革,尤其关注与先前不一致陈述相关的改革。指出先前不一致陈述事关"被告人获得公平对待"以及"证人的人权"等基本原则,因此,如何对待先前不一致陈述将成为一项有效的指标,通过该指标。我们得以评价传闻法律改革中的关键原则以及个人权利在大多数严重犯罪的起诉、审判过程中的境况。认为无论借助成文法还是借助先例,公正的传闻法改革应当适用某些相互一致的基本原则,包括放宽采纳传闻的条件决不能以错案数量增长或不公正审判为代价,将传闻改革与保护被告人、证人的基本权利紧密联系起来,保护证人不受任何形式的强迫或不当侦查行为的干扰,辩护律师必须能够无拘束地对陈述可采性加以质疑,通过充分、及时地开示证据来分析有争议的证据的可采性等。     

The risk of birth defects: Jacobs v. Theimer and parents' right to know.

This Article discusses the Texas Supreme Court's holding in Jacobs v. Theimer that the parents of a defective child had a cause of action for damages against a physician for alleged negligent failure to inform the mother during pregnancy that she had contracted rubella and therefore might have a defective child, thereby causing her to lose the opportunity to have an abortion. The Article raises a number of questions that post-Jacobs courts probably will confront concerning the duty of physicians and genetic counselors to keep their clients informed; describes some social and medical developments--including recent progress in medical genetics and prenatal diagnosis--which are likely to make Jacobs a significant precedent; evaluates the court's decision to allow a damage suit only for the costs of treating and caring for the child's defects; and briefly addresses the question of whether the Jacobs case comes within the sphere of suits for what has come to be known as "wrongful birth" and "wrongful life."