Coal Ash Disposal in North Carolina: The Road after Eden

Coal ash legislation came to North Carolina in the wake of two significant spills, one at the nearby Tennessee Valley Authority coal power plant in Kingston, Tennessee, and another at the Dan River Steam Station along the Dan River in the town of Eden, North Carolina. These two events, combined with an impending study by the USEPA, would galvanize the North Carolina General Assembly to pass Senate Bill 729 (the Coal Ash Management Act). This bill mirrors the federal system of prioritizing the different energy utilities based on their hazard potential and eventually terminating their use as power production and coal ash storage facilities. Additionally, the act created a coal ash management commission and the process for confirming members. In summation, this legislative step shows the North Carolina General Assembly taking concrete steps to address a problem in the handling of coal combustion residuals. In North Carolina, however, only time will tell if these measures are substantial enough to ward off another Eden.     

Reducing recurrent care proceedings: initial evidence from new interventions

The English family justice system faces a crisis of recurrence. As many as one in four birth mothers involved in public law care proceedings in English family courts are likely to reappear in a subsequent set of proceedings within seven years. These mothers are involved in up to one-third of total care applications, as they are – by definition – linked to more than one child . Few birth mothers experiencing the removal of a child to care are offered any follow-up support, despite often facing multiple challenges including poverty, addiction, domestic violence and mental health problems. Since 2011, however, a number of new services have been established to begin to address their unmet needs. This article summarises the findings of the first academic-led evaluation of two of these initiatives. Presenting evidence from a mixed-methods evaluative study, it concludes that the new services were able to foster relationships that ‘worked’ in reducing recurrent proceedings. None of the women engaging with the services went on to experience what could be described as a ‘rapid repeat pregnancy’ within the evaluation window. Just as significantly, a number of clients reported some improvement in their psychological functioning, and the practitioners involved reported positively on their experience of delivering and managing innovative services. The article closes with a discussion of the challenges of evaluating personalised, strengths-based interventions and the possibilities of evidencing empowerment in these cases.     

Burning,Building, and Burying: Coal Combustion Residual Disposal in North Carolina

The fate of coal combustion residuals (CCRs) in North Carolina and the rest of the United States is noteworthy, particularly in light of the recent spills in Eden, North Carolina, and Kingston, Tennessee. The safe storage of coal combustion residuals should be a priority of the state and the federal government, in order to protect the drinking water of citizens from contaminants, like arsenic, lead, cadmium, selenium, and mercury.¹1 “Coal Ash: The Toxic Threat to Our Health and Environment,” Physicians for Social Responsibility and EarthJustice, http://www.psr.org/assets/pdfs/coal-ash.pdf (accessed September 19, 2015).View all notes Recently, North Carolina has taken steps with the passage of Senate Bill 729, entitled Coal Ash Management Act, and other legislation in order to promote safe storage of CCRs through a capped landfill system, complete with synthetic liners and leachate collection system. This article highlights not only the legislative enactments surrounding the disposal of coal ash in North Carolina, but also the effectiveness of such practices, both in North Carolina and the greater United States as a whole.     

Federal Employees Health Benefits Program, Medically Underserved Areas for 1999--OPM. Notice of medically underserved areas for 1999

The Office of Personnel Management has completed its annual calculation of the States that qualify as Medically Underserved Areas under the Federal Employees Health Benefits (FEHB) Program for the calendar year 1999. This is necessary to comply with a provision of FEHB law that mandates special consideration for enrollees of certain FEHB plans who receive covered health services in states with critical shortages of primary care physicians. Accordingly, for calendar year 1999, OPM's calculations show that the following States are Medically Underserved Areas under the FEHB Program: Alabama, Idaho, Louisiana, Mississippi, New Mexico, North Dakota, South Carolina, South Dakota, and Wyoming. West Virginia has been removed from the 1998 list, and Idaho and North Dakota have been added.     

Choosing Healthplans All Together: a deliberative exercise for allocating limited health care resources

CHAT (Choosing Healthplans All Together) is an exercise in participatory decision making designed to engage the public in health care priority setting. Participants work individually and then in groups to distribute a limited number of pegs on a board as they select from a wide range of insurance options. Randomly distributed health events illustrate the consequences of insurance choices. In 1999-2000, the authors conducted fifty sessions of CHAT involving 592 residents of North Carolina. The exercise was rated highly regarding ease of use, informativeness, and enjoyment. Participants found the information believable and complete, thought the group decision-making process was fair, and were willing to abide by group decisions. CHAT holds promise as a tool to foster group deliberation, generate collective choices, and incorporate the preferences and values of consumers into allocation decisions. It can serve to inform and stimulate public dialogue about limited health care resources.     

Turnout and Party Registration among Criminal Offenders in the 2008 General Election

This paper estimates the voter registration, turnout, and party registration in the 2008 general election for men with felony convictions in Florida, Georgia, Michigan, Missouri, and North Carolina. The findings indicate that turnout among felons is much lower than previous research has shown. Ex‐felon turnout in 2008 varied by state, averaging 22.2 percent. People captured and convicted for their first offense after the election voted at similarly low rates. Also contrary to the expectations of previous literature, the ex‐felon population does not seem overwhelmingly Democratic. In North Carolina and Florida, two states for which the data are available, party registration varies by race. Among registered black male ex‐felons, 71.7 percent in North Carolina and 84.2 percent in Florida are registered Democrats. Among whites, however, only 35.3 percent and 36.4 percent of ex‐felons are registered Democrats in North Carolina and Florida, respectively.     

The Role of Mitigating Factors in Capital Sentencing Before and After McKoy v. North Carolina

In 1990, the United States Supreme Court ruled that capital jurors do not have to be unanimous in deciding whether or not to accept any particular mitigating circumstance presented to them by the defense during the penalty phase of a capital murder trial. This study examines whether this shift in procedure may have altered the role of mitigation in predicting capital sentencing outcomes by comparing death sentencing predictors before and after the McKoy decision with data from an extensive sample of capital cases in North Carolina tried between 1977 and 2002. The results indicate that (1) both the number of aggravating and mitigating circumstances accepted by capital jurors had statistically significant and substantial effects on capital sentencing outcomes both before and after the McKoy decision; (2) the number of mitigating circumstances presented to and accepted by capital juries in North Carolina doubled during the post‐McKoy period; and (3) the influence of mitigating circumstance on capital sentencing outcomes was attenuated in the post‐McKoy period. Implications of these findings are discussed.     

Federal employees health benefits program; medically underserved areas for 1998--OPM. Notice of medically underserved areas for 1998

The Office of Personnel Management (OPM) has completed its annual calculation of the States that qualify as Medically Underserved Areas under the Federal Employees Health Benefits (FEHB) Program for the calendar year 1998. This is necessary to comply with a provision of FEHB law that mandates special consideration for enrollees of certain FEHB plans who receive covered health services in states with critical shortages of primary care physicians. Accordingly, for calendar year 1998, OPM's calculations show that the following States are Medically Underserved Areas under the FEHB Program: Alabama, Louisiana, Mississippi, New Mexico, South Carolina, South Dakota, West Virginia, and Wyoming. North Dakota has been removed from that list, with no new additions for 1998.     

Recent state legislative approaches to regulating utilization review reflect URAC national standards

As state legislatures begin to regulate utilization review activities, some appear to be utilizing the URAC standards for guidance. Still others (e.g., Iowa, Nebraska, and New Hampshire) require URAC accreditation as a prerequisite for utilization review organizations to operate in their states, while others (e.g., Alabama, Arizona, Connecticut, Indiana, North Dakota, Tennessee, and Rhode Island) accept URAC accreditation in lieu of state certification. "States Look to Accreditation for Managed Care Seal of Approval," Medical Utilization Review, Vol. 22, No. 20, Oct. 27, 1994, at 7-8. The remarkable consistency between the 1994 URAC standards and the new California law are a hopeful sign that managed care decision-making will in the future be undertaken on a more uniform and objective basis. Only through this type of consensus building will the historical chasm between providers and payors be made smaller.     

Acute ethanol poisoning: a two-year study of deaths in North Carolina

A 24-month study of fatalities in North Carolina with high blood ethanol levels (300 mg/100 ml or over) revealed 502 cases with either acute alcoholism or the effects of this range of blood ethanol concentration having caused or contributed to death. This investigation reassessed the criteria for ethanol poisoning, including its cause and manner of death, and revealed recurrent patterns common to this syndrome. This inquiry also contrasted the frequency of ethanol poisoning in different areas of the country.     

Judicial oversight of release of patients committed after being found not competent to stand trial or not guilty by reason of insanity in violent crimes

In 1981, North Carolina joined a growing number of states in passing legislation requiring judicial concurrence with discharge decisions for civilly committed patients who had been found either not competent to proceed to trial or not guilty by reason of insanity. The authors studied all such patients at one of North Carolina's four state mental hospitals during the first year of the new law's operation, and found that there were only 16 of them. These patients were compared to a control sample of civilly committed patients without criminal charges; it was found that the forensic patients spent longer in the hospital than the controls, but still significantly less time than reported in studies from other states. The authors discuss possible reasons for these differences and comment on the effectiveness of such legislation.     

Distributive Justice Antecedents of Race and Gender Disparities in First-Year College Performance

Public education is a sphere of society in which distributive justice with respect to the allocation of opportunities to learn can have profound and lasting effects on students’ educational outcomes. We frame our study in the distributive justice literature, and define just outcomes specifically from a meritocratic and strict egalitarian perspectives in order to investigate how assignment to academic tracks and the availability of opportunities to learn during high school are associated with students’ academic achievement during college. We examine the role of “just” placement into high school academic tracks, “just” access to high-quality teachers, and “just” assignment of secondary schools’ resources in high school, in relation to college freshmen’s grade point averages (GPA). We utilize longitudinal data from a unique dataset with over 15,000 students who spent their academic careers in North Carolina public secondary schools and then attended North Carolina public universities. Our results suggest that “unjust” assignment of students to certain high schools, access to high-quality teachers, and assignment to learn in specific academic tracks result in long-lasting consequences that are reflected in freshman college GPA. Importantly, findings also show that the direction and magnitude of the relationship between distributional injustice at schools and college performance is moderated by students’ own gender and race. Race and gender interact with the high schools’ institutional contexts operationalized by tracking practices, teacher quality, and by school racial and socioeconomic composition. Results show that similar settings do not affect all students in the same ways.     

Life histories of single parents and illegitimate infants in nineteenth-century Sweden

The importance of legitimacy and illegitimacy for differing levels of infant mortality has generally been left out of the discussion of historical demographers. This essay presents tentative findings for the Sundsvall area of Sweden, which is being studied in a recent project on the decline of infant and childhood mortality in the Nordic countries. The focus is on the complete reproductive histories of single mothers and the life expectancies among infants born to women who at least once in their reproductive life history experienced the birth of an illegitimate child. In Sundsvall, industrialization only temporarily affected the illegitimacy ratio, but its effect was obvious even in agrarian parishes. The number of illegitimate children per woman remained relatively stable over time, with the exception of the town of Sundsvall. It was more common in the urban environment to give birth to several illegitimate children. Mortality was also higher among these infants, but the negative effects can be seen equally among both legitimate and illegitimate children. Even if illegitimate births were more common in the town, there was no clear trend over time indicating the existence of “subcultures,” as proposed by Peter Laslett.     

THE REPRODUCTIVE AND PARENTAL RIGHTS OF INCARCERATED MOTHERS

Acknowledging the explosive growth in the number of incarcerated women in the United States, this Note critically examines the current treatment of mothers and expectant mothers in the U.S. prison system. This Note highlights the severe inadequacy of current prison policies and accompanying maltreatment of incarcerated women and their children, especially with regard to the frequent separation of mothers from their children and the poor health care available to expectant mothers. The damage inflicted by current prison policies must be comprehensively redressed through the creation of prison nursery programs, halfway houses, the provision of optimal prenatal care, and the elimination of the draconian practice of shackling pregnant women. Such reforms will not only benefit incarcerated women and their children, but will also deter recidivism and promote the welfare of the community at large.     

The use of expensive health technologies in the era of managed care: the remarkable case of neonatal intensive care

The use of neonatal intensive care (NIC) continued to rise rapidly in the 1990s despite the concerns of observers about its cost effectiveness and its successes being mostly in facilities with high volume and capabilities. The objective of this study is to test the effects of insurance type, competition among hospitals, and market pressure from managed care plans on the supply and cost of NIC. The analysis uses logistic and linear models with techniques to avoid bias from (a) market area definitions based on actual patient flows and (b) self-selection of hospitals by patients with unmeasured risk of needing NIC. The data source contains all births in short-term hospitals in New Jersey during 1990 and 1994. Both the number of days and charges for NIC are reported. Key findings are that the decision of a hospital to offer NIC was associated with teaching status, the proportion of infants in the market area with documented high risk, and the market concentration of major competitors. The market share of managed care plans and the concentration of enrollment were not associated with either NIC being offered or with the standardized charges. Whether a particular patient was given to a NIC depended on patient risk factors and whether a NIC unit was present, but not on payer group. The results are consistent with the hypothesis that young insured parents (with the advice of their obstetricians) prefer hospitals with NIC and also are relatively profitable enrollees for health plans. In conclusion: using the results here and in other research, public and private policy makers may consider several ways to strengthen the incentives for health plans to contract for cost-effective birth-related services. The results also raise questions for a number of regulatory and payment policies and call for better public data on costs and outcomes for NIC.     

Electrocution and the Tar Heel state: The advent and demise of a southern sanction

During the latter decade of the nineteenth century and early decades of the twentieth century, adoption of the electric chair spread rapidly from the North, down the eastern seaboard, and throughout the Deep South States. The method of execution was hailed as technologically advanced, and proved to be the most prevalent means of execution in the twentieth century. In 1909, North Carolina became the sixth state in the nation to adopt the new method, which would later stand as a cultural icon of southern punishment. In 1935, the state oddly abandoned the method, and shifted to lethal gas, a method that until that time had only been employed in a few western states. While North Carolina’s violent crime rates and yearly executions rivaled those of the Deep South during the 1920s and 1930s, the state’s political and social climate would directly lead to the demise of a cultural artifact that became synonymous with the institution of southern justice.     

A mixed effects model of birth spacing for pre-transition populations: Evidence of deliberate fertility control from nineteenth century Netherlands

It has often been argued that there are good theoretical and historical reasons to expect that deliberate birth spacing has played an important role in fertility patterns before the demographic transition. Yet, it has proved difficult to find hard empirical evidence. In this article, we propose a new model of the speed of parity progression that includes both fixed and random effects and that efficiently captures unobserved heterogeneity between couples in fecundability and postpartum amenorrhea. With this model, we demonstrate that pre-transition couples in the Netherlands indeed spaced their births during about the first ten years of marriage. In addition, we have found strong differentials in birth intervals by socio-economic position and religion. Finally, we also show how and why the model can be used with left-censored census data.     

Mothers of children removed under a care order: outcomes and experiences

ABSTRACT

Focusing on accounts by women who have children taken into care, this paper reports on a socio-legal case study in England, investigating the life experiences of nine mothers, whose children have been made subject to care orders under the Children Act 1989. In particular it considers the women’s experiences of their relationships with their own mothers and places this within the context of the mothers’ own experiences of having their children taken into care. Drawing on free association narrative interviews, the study focuses on the mothers’ accounts of long-term harm that began in their childhoods, especially their experiences of their mothers’ own difficulties and of their experiences of harm. It highlights the impact of relationship difficulties between mother and child, and questions how the legal concepts of harm and reasonable parental care are defined and deployed. In conclusion, it demonstrates a need for the legal framework to address children’s experiences of harm in a more intergenerational and intersubjective way. It highlights a new approach, suggesting consideration of harm, reasonable parental care and welfare to involve an increased concentration on the welfare of mothers and the relationship between mother and child, akin to an intersubjective and intergenerational approach to harm.     

Maternity care financing: universal access or universal care?

In an era of fiscal constraint, growing poverty, increased uninsuredness, medical liability problems, and increasing costs of maternity care, public and private financing mechanisms are changing rapidly and the service delivery system is increasingly fragmented. Despite the almost mercurial changes in the system, data from national studies show that access to care is a major problem affecting all childbearing women. This paper describes the three groups of women who require comprehensive maternity care, their insurance coverage, and the gaps for each group. It describes proposals which are currently under development to reduce uninsuredness and produce universal access and, in addition, presents an alternative plan for universal maternity care.     

TENNESSEE'S ADOPTION LAW

Tennessee has recently enacted legislation increasing access to adoption records, allowing adult adoptees to obtain their birth certificates and other information contained only in their adoption records. After that controversial statute became law, it was challenged in Doe v. Sundquist . After 3 years of litigation, the Tennessee Supreme Court held that the statute was constitutional. The authors discuss the history of Tennessee's adoption law, demonstrating how certain events led to the passing of the controversial statute. They also discuss the adoption triad, including the birth parents, adoptive parents, and adoptees, noting the interests of each party. Following that is a discussion of the Tennessee statute and how it operates. The commentary continues with a detailed look at Doe v. Sundquist , including the procedural and substantive issues in both federal and state court. The authors conclude that the Tennessee law is a practical and reasonable solution to the controversy over sealed adoption records.