Public capabilities and health care effectiveness: implications from a comparative perspective

This article examines inter-relationship between "centers" and "peripheries" within political, professional and health care systems. It seeks to determine which conditions tend to improve the capacity of public authorities to further such measures of effectiveness as access to, quality of, and complementarity of health care delivery. Examples are selected from the experience of the United States and West European countries.     

Social and legal control in China: a comparative perspective

This article exposes the reader to a different social and legal control system and a different way of thinking about crime--that of China. Chinese think positively about the nature of humans and their potential, and China's social control system weaves together a unique combination of formal and informal mechanisms with a strong emphasis on the latter. The criminal justice system constitutes a key element of the social control system, but it appears to be more of a last resort. It is hoped that through a comparative analysis, the reader can develop a deeper understanding of different social and legal systems.     

Child malnutrition and mortality in China and Vietnam in a comparative perspective

Under the traditional socialist central planning system, economic growth in China and Vietnam was unstable and not very satisfactory. Yet, both countries achieved a remarkable progress in the area of human development. Later, under the market socialist model, China and Vietnam achieved very high rates of GDP growth, and malnutrition declined significantly. Yet, income distribution and the provision of key public services deteriorated in both countries. Progress in reducing child mortality in China was relatively slow, before improving in the early 2000s. Although Vietnam is much poorer than China, and has been growing less fast, its record in this area was markedly better. We show that this apparent paradox is due mainly to the fact that the negative side-effects of market-oriented reforms have reached a more advanced and alarming stage in China than in Vietnam. Our results also suggest that an additional factor is constituted by a relatively better status of women in Vietnam with respect to China. However, we also warn that signs are emerging in Vietnam too, indicating that it is entering a stage of development where the social problems now evident in China are starting to manifest themselves on a large and worrying scale. Our policy conclusions advocate in favour of re-establishing (in a new form, compatible with the maintenance of the economic dynamism of the market socialist system) some positive features of the pre-reform socialist model, among which universal public provision of basic public services is paramount.

Protecting genetic materials and genetic information: a case study of Guthrie Cards in Victoria

The authors are privileged to have been provided with correspondence about a dispute over the ongoing storage of genetic material (as Guthrie Cards) in Victoria. The correspondence details confusion over the roles of government and the private sector service provider in accounting for the storage, use and destruction of these stored genetic materials collected as part of a government public health program. The purpose in publishing this account is to highlight the present inadequacies in current practices and the ongoing potential for a crisis in the management of collected genetic materials through a lack of appropriate regulation, transparency and accountability. The article suggests measures to remedy some of the existing inadequacies in contractual arrangements and recommends that the government retain ownership and control of both the genetic materials and the derived information to ensure some accountability in the present legal environment.     

Criminal law and mentally ill offenders in comparative perspective

Abstract

In this stick we compare legal arrangements dealing with mentally disordered offenders in the criminal law systems ct Belgium, Canada, Germany, the Netherlands, Norway, Sweden, and the United Kingdom. To describe relevant diffesenoes and similarities in the arrangemeats, we used a checklist containing antral aspects of adjudication, assessment and treatment of mentally ill offenders. These aspects concern: (1) the legal classifications of mental illnesses that can lead to exclusion of criminal responsibility: (2) the acceptance of diminished capacity as a partial excuse; (3) the possibilities for imposing security measures of compulsory treatment instead of or next to criminal punishment; (4) the conditions for their imposition in terms of seriousness of crimes committed and dangerousness of offenders; (5) the available hospitals or special clinics for executing security measures; (6) the role and task of forensic mental health professionals in assessing the offender's state of mind and in advising compulsory treatment; (7) the rules for duration, prolongation and termination of the measures. The findings of this comparative analysis are evaluated in light of legal protection for mentally disordered offenders.     

The politics of management in health care: a British perspective

This paper discusses the contribution of organizational political perspectives to a better appreciation of policy implementation problems in health care. The context is the efforts of successive British governments to accord a higher priority to community health and long-stay services. The limited success of these policies owes much to continuing medical control of the philosophy of the organization and agenda, in spite of government responsibility for funding and providing health services. More effective policy implementation depends on a recognition of the "naturalness" of organizational politics, rather than treating them as constraints in an otherwise rational, managerial system.     

Confidentiality of genetic information in the workplace

This Article analyzes existing legal protections for the confidentiality of information collected through genetic screening or genetic monitoring in the workplace. It notes that there are a variety of protections, such as ethical codes for occupational physicians, statutes protecting health care information in the hands of the employers, and tort, contract and constitutional principles. It describes defenses to suits based on improper disclosure of medical information. The Article then analyzes legal bases for employee and third party access to the employee's genetic information. In response to gaps in existing legal protections, it suggests parameters for a model law protecting the confidentiality of genetic information collected in the workplace.     

Regulation of interlocking directorates in the financial sector: a comparative case study

Network analysis techniques are used for investigating the probable effects of a change in the regulation aiming to prevent the anticompetitive effects of interlocking directorates (ID), that is the crossed presence of directors in the boards of competing firms. The case study considers a recent Italian law (Section 36 of Law Decree n. 201/2011) which prohibits ID for credit, insurance and financial companies. The ID networks of the top-100 Italian listed companies and of the financial companies in this same list are considered and compared with the analogous networks in the US. The US networks represent a benchmark given that in the US companies act under Section 8 of the Clayton Act that has banned ID since 1914. The effects on the ID networks of the new Italian law are simulated under two different interpretations of the law. If the law will be applied according to a narrow interpretation, the Italian ID network will rest substantially unaltered. However, if the law will be applied according to a broad interpretation, the ID network for financial firms will be completely modified with a network configuration very similar to the American benchmark.