Deletion of regulations pertaining to certain social services programs under the Social Security act: Office of Human Development Services, HHS. Final rule

Pub. L 97-35, the Omnibus Budget Reconciliation Act of 1981, combined the social services programs administered under title XX of the Social Security Act in the States and in the Territories under titles 1, IV-A, X, XIV and XVI (AABD), into a single block grant known as "The Title XX Block Grant to States for Social Services." The block grant program is effective October 1, 1981. Since existing regulations governing those programs do not apply to the block grant program, this rule deletes both entire Parts and references within a Part that apply to the above grant-in-aid programs. These regulations also remove the Department's day care requirements which were issued under statutory authorities that no longer exist as a result of various changes made by Pub. L 97-35.     

Social support as an organizing concept for criminology: Presidential address to the academy of criminal justice sciences

Although “social support” is present as a theme in many criminological writings, it has not been identified explicitly as a concept capable of organizing theory and research in criminology. Drawing on existing criminological and related writings, this address derives a series of propositions that form the foundation, in a preliminary way, for the “social support paradigm” of the study of crime and control. The overriding contention is that whether social support is delivered through government social programs, communities, social networks, families, interpersonal relations, or agents of the criminal justice system, it reduces criminal involvement. Further, I contend that insofar as the social support paradigm proves to be “Good Criminology”—establishing that nonsupportive policies and conditions are criminogenic—it can provide grounds for creating a more supportive, “Good Society.”     

The ombudsman,tribunals and administrative justice section: a 2020 vision for the ombudsman sector

This article analyses the growing role for ombudsman schemes in the UK administrative justice system following the Government reforms post 2010. It argues that the ombudsman institution is perhaps the one example of an administrative justice body that looks set to emerge stronger over the period. But the ombudsman sector needs to guard against complacency, as the demands, expectations and publicity placed upon it are all likely to increase.     

Procedural justice in mental health court: an investigation of the relation of perception of procedural justice to non-adherence and termination

Mental health courts (MHCs) operate on the principles of procedural justice (PJ). PJ highlights the importance of process over outcomes in encounters with authority. Subjective perceptions of having voice, being heard by decision-makers, and being treated with respect and concern by figures of authority are influential in assessment of fairness and in cooperation with decisions, regardless of favorability of the outcome. In this paper, we investigate MHC participant perception of PJ in interactions with MHC staff and the association between perceptions and recidivism (i.e. time in jail, new arrests, and probation violations), treatment adherence, and MHC termination. Participants from two MHC programs (n?=?80) took part in this study. Results suggest that perception of PJ during interactions with the entire MHC team is significantly associated with program termination, but not with participant behaviors during MHC. Implications for MHC practitioners and researchers are discussed.     

Medicare and Social Security: fraud and abuse; civil money penalties for misuse of certain terms, symbols and emblems--HHS. Final rule

This final rule implements section 428(a) of Public Law 100-360 which authorizes the imposition of civil money penalties for the use--in advertising, solicitations or other communications--of certain words, letters, symbols or emblems associated with the Department of Health and Human Services' Social Security and Medicare programs in a manner that the user knows, or should know, would convey a false impression that (1) the communicated item was approved, endorsed or authorized by the Department or its programs, or (2) the responsible person or organization has some connection with, or authorization from, the Department or these programs. This rulemaking is designed to assist in protecting citizens from misrepresentations concerning the services offered and programs administered by the Social Security Administration and the Health Care Financing Administration.     

Long-term criminal justice response to human trafficking in south africa: an impossible mission

ABSTRACT

This article explores the propriety of long-term efforts of the South African criminal justice system in combating human trafficking. Though a crime of global dimension, human trafficking has been a reverberating issue of concern to the South African State. Steps have been taken by the State to address this menace, especially from the legal standpoint, and the enlistment of human trafficking among crimes that require an effective criminal justice approach to deal with; yet, the menace has persisted. From a broader doctoral study, using qualitative method, it was discovered (amongst others) that as currently structured, the South African criminal justice system cannot effect a long-term combating strategies against human trafficking. Findings also indicate that the solution to the precipitating factors that fuel the trade in human commodity lies outside the scope and mandate of the criminal justice system. The study further recommends that for an effective response, it is expedient for the State to first address the socio-economic, cultural and political nuances that fuel the trade, rather than mount impracticable pressure on its criminal justice institutions to perform an unrealistic task.     

Medicare and state health care programs: fraud and abuse; amendments to OIG exclusion and CMP authorities resulting from the Medicare and Medicaid Patient and Program Protection Act--Office of Inspector General (OIG), HHS. Final rule

This document amends a technical error that appeared in the final rule, which amends the OIG exclusion and CMP authorities, published on January 29, 1992 designed to implement section 2 of the Medicare and Medicaid Patient and Program Protection Act, along with other conforming amendments. The final rule is designed to protect program beneficiaries from unfit health care practitioners, and otherwise improve the anti-fraud provisions of the Department's Medicare and State health care programs.     

What works for offenders and staff: comparing two multi-agency approaches to offender resettlement

Abstract

Between 2005 and 2007, the Kent and Medway Resettlement Programme (KMRP) piloted EXODUS (ex-offenders discharged under supervision), a multi-agency support system for identified prolific and priority offenders (IPPOs). Unlike traditional models of multi-agency support, EXODUS agencies work from the same location to maximize support for IPPOs, and inter- and intra-agency support for staff. This study assessed the perceived effectiveness of EXODUS. EXODUS staff and IPPOs were interviewed and their responses compared to those of traditional multi-agency support staff and IPPOs. Analysis showed that EXODUS IPPOs had committed fewer offences since receiving support than did comparison IPPOs. Neither group was more likely to be employed, but of those who were, EXODUS IPPOs were more likely to remain employed than comparison IPPOs. Most, regardless of type of support structure, recommended their programme and staff, although EXODUS IPPOs were more satisfied with the support they received. Staff believed that an expansion of the multi-agency approach was needed and that agency roles should be more clearly defined. EXODUS staff expressed higher efficacy in their own and colleagues’ ability to provide effective support and improved inter-agency relations and support from co-workers. However, EXODUS and comparison staff did not differ in levels of job satisfaction.     

Role-taking and restorative justice: Social practices of solidarity and community in Shakespeare's measure for measure

This article examines to what extent role-taking inspired characters in Shakespeare's play Measure for Measure to new modes of consciousness and concomitant social practices of restorative justice. The play's main character, Duke Vincentio, engages in a series of role-taking episodes through which he undergoes a self-transformation. He subsequently enacts the social practice of restorative justice. However, the play is neither a paragon case of self-transformation nor of restorative justice, especially since (1) manipulation and power are employed in the reintegrative shaming ceremony; (2) some characters are stigmatized and humiliated; and (3) the Duke still practices duplicitous, power-based, and punitive measures. Nevertheless, through the process of self-discovery and the recognition of others as like himself, the Duke reconceives his kingly role from that of an executor of law violators to that of a mediator of troubled relationships. The Duke's character reflects in part the cultural contradictions and social transformations ongoing in Shakespeare's Renaissance England.     

从传统走向现代：社会保障权司法救济的检省与矫正

社会保障权是社会保障法的核心,是现代社会的一项基本人权,其本质是社会权。有权利就应当有救济,其中司法救济又是权利救济途径中最权威、最行之有效的方式,是保障公民社会保障权利恒久不易的追求。由于社会保障权的特殊性质,传统的民事和行政救济体系已不能适应社会保障争议的需要,打破传统的普通诉讼程序,借鉴国外成熟经验,完善和创设符合社会保障权特征的现代的特殊司法救济机制已成为必然之选。     

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.     

Judicial Responses to Bright Line Rules in Social Security: In Search of Principle

This article considers judicial responses to the use of 'bright line' rules in social security law. It analyses, within the framework of judicial deference, the receptiveness of the judiciary to an argument by the executive that a rule is justified as being administratively convenient to operate. The article questions the proposition that the judiciary is at its most deferential when complex issues of socio-economic policy or resource allocation are raised in the context of social security law. A contrast is drawn between cases involving an issue of statutory interpretation and those applying a proportionality test. The article tests the presumption that a difference in approach should be discernable in these two situations. It concludes by criticising the courts for failing to articulate clearly the values at stake and by arguing for the need for greater transparency and a broader public debate concerning the use of bright line rules.     

Social justice in the modern regulatory state: duress,necessity and the consensual model in law

This paper examines the role of the consensual model in law and argues that if substantive justice is to be the goal of law, the use of individual choice as a legal criterion for distributive and retributive purposes must be curtailed and made subject to substantive considerations. Substantive justice arguably requires that human rights to life, well-being, and the commodities essential to life and well-being, be given priority whenever a societal decision is made. If substantive justice is a collective societal responsibility, the individual cannot be justly rewarded or punished for his or her choices with respect to life, well-being and essential commodities insofar as these choices are justified or excused by standards of substantive justice. Societal conditions and institutional arrangements should be recognized as grounds for justification and excuse because they may impose limits and constraints on the choices available to an individual that are as unavoidable and compelling as those imposed by chance or by another human being.     

Medicare and state health care programs: fraud and abuse; safe harbors for protecting health plans--Office of Inspector General, HHS. Final rule

In accordance with section 14 of the Medicare and Medicaid Patient and Program Protection Act of 1987, this final rule sets forth various standards and guidelines for safe harbor provisions designed to protect certain health care plans, such as health maintenance organizations and preferred provider organizations, under the Medicare and State health care programs' anti-kickback statute. These safe harbor provisions were originally published in the Federal Register on November 5, 1992 in interim final form. In response to the various public comments received, this final rule revises and clarifies various aspects of that earlier rulemaking.     

Governing Health and Social Security in the Twenty-First Century: Active Citizenship Through the Right to Participate

This article discusses the role of individual rights in the production of active citizenship. In recent years, the notion of ‘active citizenship’ has become an object of research in both political and social science. Studies that draw on the Foucaultian governmentality tradition have been particularly interested in various societal discourses and practices through which active citizenship is being produced. However, the role of law and rights has been neglected or even rejected in these studies. The aim of this article is thus to show that certain procedural rights, the right to participate in particular, constitute an important legal technology in the production of active citizenship. The analysis is based on the recent developments in Finnish social and health care law. It will also be argued that despite the apparently convergent subject-matter, Jürgen Habermas’s normative theory of the ‘procedural paradigm of law’ does not offer a meaningful framework in which to address the relationship between active citizenship and procedural rights since it is based on an overly narrow conception of subjectivity.     

Legitimacy and online proceedings: Procedural justice,access to justice,and the role of income

Courts have long struggled to bridge the access-to-justice gap associated with in-person hearings, which makes the recent adoption of online legal proceedings potentially beneficial. Online proceedings hold promise for better access: they occur remotely, can proceed asynchronously, and often rely solely on written communication. Yet these very qualities may also undermine some of the well-established elements of procedural-justice perceptions, a primary predictor of how people view the legal system's legitimacy. This paper examines the implications of shifting legal proceedings online for both procedural-justice and access-to-justice perceptions. It also investigates the relationship of both types of perceptions with system legitimacy, as well as the relative weight these predictors carry across litigant income levels. Drawing on online traffic court cases, we find that perceptions of procedural justice and access to justice are each separately associated with a litigant's appraisal of system legitimacy, but among lower-income parties, access to justice is a stronger predictor, while procedural justice dominates among higher-income parties. These findings highlight the need to incorporate access-to-justice perceptions into existing models of legal legitimacy.