Building Codes and Energy Efficiency: How New York City's Building Codes Succeed and Fail in Regulating GHG Emissions

This article seeks to analyze how effective the local NYC building codes are in promoting energy efficiency and regulating greenhouse gas emissions. Part I will highlight the importance of building efficiency and set the stage for how these changes can affect the global climate. Part II will look at specific NYC programs and agencies that are tasked with monitoring this issue, and what their reports indicate as progress in this area. Part III will consider whether what is currently being done is sufficient, and how we might better achieve NYC's emission reduction goals in the building efficiency sector.     

Banking in the cloud: Part 2 – regulation of cloud as ‘outsourcing’

This paper looks at EU banks' use of public cloud computing services. It is based primarily on anonymised interviews with banks, cloud providers, advisers, and financial services regulators. The findings are presented in three parts. Part 1 explored the extent to which banks operating in the EU, including global banks, use public cloud computing services.Part 2 of this paper covers the main legal and regulatory issues that may affect banks' use of cloud services. It sets out how EU banking regulators have approached banks' use of cloud services and considers regulators' lack of cloud computing knowledge. The paper further considers how the regulation of outsourcing applies to banks' use of cloud services, including whether cloud computing constitutes “outsourcing”. It analyses the contentious issue of contractual audit rights for regulators as well as legal and practical issues around risk assessments, security, business continuity, concentration risk, bank resolution, and banking secrecy laws.Part 3 looks at the key contractual issues that arise between banks and cloud service providers, including data protection requirements, termination, service changes, and liability.All three parts of the paper can be accessed via Computer Law and Security Review's page on ScienceDirect at: http://www.sciencedirect.com/science/journal/02673649?sdc=2. The full list of sources is available via the same link and will be printed alongside the third part of the article.     

De-moralized: Glucksberg in the malaise

Ten years down the road, what is the enduring significance of the "assisted suicide" cases, Washington v. Glucksberg and Vacco v. Quill? The cases reflect an unusually earnest, but nonetheless unsuccessful, attempt by the Supreme Court to grapple with a profound moral issue. So, why was the Court unable to provide a more satisfying justification for its conclusions? This Article, written for a symposium on the tenth anniversary of Glucksberg, discusses that question. Part I examines some of the flaws in reasoning in the Glucksberg and Quill opinions and suggests that these flaws stem from the opinion writers' inability to recognize and articulate their underlying normative assumptions. More specifically, both the Justices and the lower court judges, on both sides of the issue, evidently attributed normative significance to something like a "natural course of life" (even when they denied doing so), but none were willing or able to make this attribution explicit. Part II discusses the modern separation of moral reasoning from the metaphysical or theological perspectives that might once have endowed "nature" with normative significance, and it suggests that the deficiencies in Glucksberg-Quill are evidence of how that separation renders moral reasoning problematic. The Conclusion wonders whether in this situation, a renewed emphasis on formalism or tradition might make legal reasoning less unacceptable.     

Banking in the cloud: Part 1 – banks' use of cloud services

This paper looks at EU banks' use of public cloud computing services. It is based primarily on anonymised interviews with banks, cloud providers, advisers, and financial services regulators. The findings are presented in three parts. Part 1 explores the extent to which banks operating in the EU, including global banks, use public cloud computing services. It describes how banks are using cloud computing and the key drivers for doing so (such as time to market), as well as real and perceived barriers (such as misconceptions about cloud and financial services regulation), including cultural and technical/commercial aspects. It summarises how banks have approached the cloud and how cloud providers have approached the banking sector.Part 2 of this paper will cover the main legal and regulatory issues that may affect banks' use of cloud services, including how the regulation of outsourcing applies to banks' use of cloud services. Part 3 will look at the key contractual issues that arise between banks and cloud service providers, including data protection requirements, termination, service changes, and liability.All three parts of the paper can be accessed via Computer Law and Security Review's page on ScienceDirect at: http://www.sciencedirect.com/science/journal/02673649?sdc=2. The full list of sources is available via the same link and will be printed alongside the third part of the paper.     

Critical Legal Studies versus Critical Legal Theory: A Comment on Method

Over the last decade the Conference on Critical Legal Studies (CCLS) has rekindled an important debate about the study of legal ideologies. The work by scholars within this movement is provocative because it demands that we take seriously the contradictory needs and ideological parameters of liberal legalism. The growing body of work associated with this movement has not, however, included a criticism of the ideological underpinnings of legal methods in general and doctrinal analysis in particular. We begin with the premise that scholarship must include a self-critical method.
In Part I—The Political-Economic Constraints of Liberal Legal Scholarship—we explore why questions of methods, i. e. of how one asks and answers questions, has not been a central issue within CCLS. In Part II—Reformulation of Method—we present a beginning toward a framework for developing a self-critical method for understanding legal ideologies.     

Why Juvenile Courts Should Address Family Violence: Promising Practices to Improve Intervention Outcomes

The prevalence of domestic violence in juvenile court cases justifies modifying our interventions to reflect this unfortunate reality. This article focuses primarily on juvenile victimization of parents and the model programs emerging in juvenile courts to address it. Part I examines family violence's prevalence in the juvenile court caseloads, despite its lack of consideration in most dispositions. Part II begins with a comparative analysis of the drug court trend and discusses the trend's applicability for specialized family violence applications in the Juvenile Court. The King County (Wash.) Juvenile Court's Step‐Up Program is introduced, which directly addresses family violence with intervention programs for youth perpetrators and abused parents, followed by the Santa Clara County (Calif.) Juvenile Court's Family Violence program, shown as a model worthy of replication. Part III details the process by which the Travis County (Texas) Juvenile Court is implementing a program similar to these models. Part IV concludes that juvenile courts must address family violence as an overt or underlying issue in many cases and must identify and address the danger to our troubled youths, whether offender or victim. I argue that the domestic violence community's treatment expertise must inform our juvenile courts' interventions with violent, often insular, families. In Travis County, we are committed to learning as much as possible about youth resilience–to identify and treat battered and battering teens to prevent the inter‐generational cycle from repeating itself while making our homes, communities, and schools safe.     

A study into the layers of automated decision-making: emergent normative and legal aspects of deep learning

ABSTRACT

The paper dissects the intricacies of automated decision making (ADM) and urges for refining the current legal definition of artificial intelligence (AI) when pinpointing the role of algorithms in the advent of ubiquitous computing, data analytics and deep learning. Whilst coming up with a toolkit to measure algorithmic determination in automated/semi-automated tasks might be proven to be a tedious task for the legislator, our main aim here is to explain how a thorough understanding of the layers of ADM could be a first good step towards this direction: AI operates on a formula based on several degrees of automation employed in the interaction between the programmer, the user, and the algorithm. The paper offers a fresh look at AI, which exposes certain vulnerabilities in its current legal interpretation. To highlight this argument, analysis proceeds in two parts: Part 1 strives to provide a taxonomy of the various levels of automation that reflects distinct degrees of human–machine interaction. Part 2 further discusses the intricate nature of AI algorithms and considers how one can utilize observed patterns in acquired data. Finally, the paper explores the legal challenges that result from user empowerment and the requirement for data transparency.     

The Meanings of the Logical Constants in Deontic Logic

If deontic logic is to cast light on any of the normative sciences, such as legal reasoning, then certain problems regarding its logical constants must be faced. Recent studies in the area of deontic logic have tended to assume that it is our responses to the "paradoxes" of deontic implication which are fundamental to resolving problems with the use of deontic logic to investigate various branches of normative reasoning. In this paper I wish to show that the paradoxes are of secondary importance; that they are merely by-products of the central issue, namely the ability of certain syntactic forms to embody natural language structures used in reasoning about norms. An investigation of modal syntax is proffered as the best starting-point from which to tackle the questions that still dog the legitimacy of deontic logic. Part I provides some philosophical background to the discussion of deontic logical constants. Part II addresses in greater detail issues concerning the representation of normative concepts; and Part III offers a few remarks on the general issue of deontic logic's fruitfulness as an analytical tool.     

A three-year comparative longitudinal study of a school-based social work family service to reduce truancy,delinquency and school exclusions

New Labour is keen to use legislation to encourage what are seen as desirable family practices, and to discourage other, less-favoured, forms. What this means in policy terms has now been codified in its 1998 Green Paper, Supporting Families . In this paper, we examine the validity of this enterprise in terms of its underlying assumptions about social behaviour and economic decision making. We argue that the government implicitly assumes a universal model of 'rational economic man' and his close relative the 'rational legal subject', whereby people take individualistic, cost-benefit type decisions about how to maximize their own personal gain. Change the financial structure of costs and benefits, and the legal structure of rights and duties, in the appropriate way and people will modify their social behaviour in the desired direction. However, recent research suggests that people do not act like rational economic man in making decisions about their moral economy. Legislation based on this assumption might then be ineffectual and the proposals in Supporting Families seem to be one example. This is what we have labelled the 'rationality mistake'. In Part I of this work, we focus on the financial proposals in the Green Paper and on the New Deal for Lone Parents in particular. We then go on to counterpose this with the results of recent empirical work on how and why people actually do make family decisions. In Part II, to be published in the next issue, we focus on chapter four of Supporting Families , on strengthening marriage, and again compare New Labour's proposals with recent empirical work.     

Obtaining forensic value from the cbWndExtra structures as used by Windows Common Controls,specifically for the Editbox control

The Windows Common Controls is a library which facilitates the construction of GUI controls commonly used by Windows applications. Each control is an extension of the basic ‘window’ class. The difference in the extension results in one control over another; for example, an Edit control as opposed to a Button control. The basic window class is documented by Microsoft and the generic information about a Window can be extracted, but this is of very limited use. There is no documentation and very little research into how these extensions are laid out in memory. This paper demonstrates how the extension bytes for the Edit control can be parsed leading to identification of previously unobtainable data which reveal information about the state of the control at runtime. Most notably, the undo buffer, that is, text that was previously present in the control can be recovered – an aspect which traditional disk forensics would simply not provide. The paper explains why previous attempts to achieve similar goals have failed, and how the technique could be applied to any control from the Windows Common Controls library.     

Medicare program; revisions to payment policies under the physician fee schedule for calendar year 2004. Final rule with comment period

This final rule will refine the resource-based practice expense relative value units (RVUs) and make other changes to Medicare Part B payment policy. The policy changes concern: Medicare Economic Index, practice expense for professional component services, definition of diabetes for diabetes self-management training, supplemental survey data for practice expense, geographic practice cost indices, and several coding issues. In addition, this rule updates the codes subject to the physician self-referral prohibition. We also make revisions to the sustainable growth rate and the anesthesia conversion factor. These changes will ensure that our payment systems are updated to reflect changes in medical practice and the relative value of services. We are also finalizing the calendar year (CY) 2003 interim RVUs and are issuing interim RVUs for new and revised procedure codes for CY 2004. As required by the statute, we are announcing that the physician fee schedule update for CY 2004 is -4.5 percent, the initial estimate of the sustainable growth rate for CY 2004 is 7.4 percent, and the conversion factor for CY 2004 is $35.1339. We published a proposed rule (68 FR 50428) in the Federal Register on Part B drug payment reform on August 20, 2003. This proposed rule would also make changes to Medicare payment for furnishing or administering certain drugs and biologicals. We have not finalized these proposals to take into account that the Congress is considering legislation that would address these issues. We will continue to monitor legislative activity that would reform the Medicare Part B drug payment system. If legislation is not enacted soon on this issue, we remain committed to completing the regulatory process.     

The Independent Medicare Advisory Committee: death panel or smart governing?

This comment explores whether health care reform legislation establishes an administrative body effectively charged with the rationing of health care resources; insofar as it establishes a presidentially appointed Independent Medicare Advisory Committee (IMAC). IMAC would be charged with "making two annual reports dictating updated rates for Medicare providers including physicians, hospitals, skilled nursing facilities, home health, and durable medical equipment." IMAC's recommendations would be implemented nationally, subject to a Congressional vote. Congress would be granted a thirty-day window to achieve a simple majority for or against the IMAC recommendations. Part I is an introduction. Part II of this article covers the history of American health care. It lays out the federal government's evolving role in the arena of public health and health care, starting in the mid-nineteenth century and continues up to the present day. Part III examines the existing process by which Medicare spending is controlled. This part focuses on the administrative procedures that control Medicare reimbursements. Part IV examines IMAC. This part discusses IMAC's statutory provisions and the administrative transparency laws IMAC would be bound to follow. The close of this part, draws on three analogies as a gauge for how IMAC will operate: Senator Tom Daschle's Federal Health Board (FHB) proposal; the administrative oversight of the Federal Reserve; and the United Kingdom's National Institute for Health and Clinical Excellence (NICE). Part V creates a snapshot of the U.S. health care system as it operates today. This part emphasizes cost, quality, and accessibility of health care, with comparisons to international and state-run health care systems. Throughout this article there are a number of words, phrases, and agencies that have been given acronyms. For convenience, an index of these acronyms is provided in an appendix following the article.     

Legislative-policy initiatives as a problem-solving process: The case of technology transfer

Legislative and policy initiatives can be viewed as a problem-solving process that includes the following steps: [1] problem identification, [2] identification of objectives, [3] strategies, [4] evaluation of strategies, [5] decision(s), and [6] implementation. This paper uses policies related to technology transfer as a “test case” issue area. It identifies four historical phases for technology transfer—extension service, space-defense spin-off, intergovermental, international, and technology commercialization—and their related objectives. Seven technology-transfer models are presented for accomplishing these objectives: intermediary mechanisms, decentralized invention management, cooperative research, patent waivers, personal incentives, personnel-exchange programs, and foreign patent rights. Actual examples, evaluation criteria, and resulting decisions are subsequently presented. Finally, implementation issues (regulations, technical assistance and training, and financial considerations) are discussed. Sally A. Rood, a public-sector consultant, recently co-authored a handbook on technology transfer for the US Conference of Mayors. She produces a series of bi-monthly bulletins on economic development for the Academy for State and Local Government and the National Council for Urban Economic Development. She is working on her Ph.D. in Public Administration.     

Grants to for-profit organizations; implementing amendments--Public Health Service. Final rule

This issuance amends 42 CFR Part 52 applicable to grants made for research projects under sections 301 and 356 of the Public Health Service Act to delete the prohibition on eligibility for research awards to entities that are organized or operated for profit. Elsewhere in this issue of the Federal Register is a final rule which, among other things, amends 42 CFR Part 87 to allow for-profit organizations to apply for health research and demonstration grants under section 20 of the Occupational Safety and Health Act and section 501 of the Federal Mine Safety and Health Act.     

Once more unto the breech: the firearms evidence in the Sacco and Vanzetti case revisited: Part I

The Sacco and Vanzetti case has a timeless appeal. It raises trenchant issues of the fairness of a criminal trial in the face of the public's hue and cry. It is a sorry reminder that physical evidence must be closeted with care and punctiliously marked for later courtroom uses. Claims of unfairness at the trial of Sacco and Vanzetti have evoked doubts of their guilt. On this issue, a Select Committee of firearms experts in 1983 reevaluated the existing firearms evidence from the Sacco and Vanzetti trial. Its conclusions, a number of which point unerringly to the guilt of Sacco and none of which add a scintilla to the case against Vanzetti, are analyzed in this paper, which is in two parts. Part I sets the stage by focussing on the facts of the crime in South Braintree, MA and the prosecutorial strategies in the use of the firearms evidence at the trial in Dedham, MA. The firearms evidence against Vanzetti is analyzed separately from that marshalled against Sacco. Part II will address the rampant charges of governmental misconduct in the handling of the firearms evidence. A concluding section of Part II reveals startling new evidence relevant to the guilt of Nicola Sacco.     

Common ground: exploring policy approaches to addressing racial disparities from the left and the right

Although the existence of racial and ethnic disparities is increasingly recognized, a complete understanding of the causes and solutions to these problems remains elusive. Part One of this paper provides a historical overview of the origins of these disparities. Part Two outlines fundamental challenges to achieving a clear understanding of the problem and briefly discusses current policy strategies espoused by conservative and liberal proponents. Finally, Part Three provides an in-depth discussion of one promising approach with significant bipartisan support.     

Ideology, class and the National Health Service

Since the start of the British National Health Service, disputes between the government and the medical profession have become formalized battles with well-recognized rules. But between 1974 and 1976 the consensus underlying the conflict was challenged by the Labour Government's policy on private practice and pay beds. This paper examines the course of the conflict and analyzes the factors underlying the eruption of this issue. It draws attention to the role of the trade-unions in activating the Labour Party's latent ideological commitment on private practice. Although the issue appears to conform to a class-conflict model, this simple symmetry becomes blurred on closer analysis. In conclusion the paper argues that while socio-structural factors extrinsic to the health service explain the appearance of private practice on the political agenda, it is factors endogenous to the NHS which explain the outcome of the dispute. In turn, however, these endogenous factors have little to do with the fact that the NHS is delivering a commodity called "health." Instead, what is important is that the NHS is a complex organization and, as such, depends on the co-operation of a variety of groups--ranging from the medical profession to laundry workers. The analysis, therefore, concludes that the power of the medical profession derives not from its elite status but from its position as an organized group in a complex industry.     

The mainly nameless and faceless dead: an exploratory study of the illicit traffic in archaeological and ethnographic human remains

This paper represents an exploratory study of what is known about the current global trade in human remains, and in particular, specimens from archaeological or ethnographic contexts, regardless of which source countries they derive from and where they are destined. The paper is in four parts. In Part 1, we explain how the analysis of human remains forms an important component of archaeological research, and why looting activity at burial sites prejudice this research. In Part 2 we review the existing and relevant archaeological, ethnographic and criminological literature on the subject while in Part 3 we describe our own research into the online trade in human remains, both licit and illicit. To assess the current global prevalence and distribution of public and private dealers in human remains, keyword searches on common search engines (Google, Yahoo, Bing), and online sites like eBay and Amazon were conducted. In Part 4 we draw some conclusions about our research and point in particular to various policy and law reform issues which require further consideration and study.     

Climate change: It's happening in the legal profession too

What conscientious law professor of first year, large format classes in torts, contracts, or criminal law has not pondered how to better engage students while easing their reluctance to speak out in class? While students entering law schools are quite adept with student engagement technologies (SETs) from undergraduate classes, some law faculties seem tied to the passive environment of lectures and PowerPoint presentations and hence reject SET methodologies as so much techno-wizardry. With the entry of web-based programmes into the expanding field of SETs, and increasing empirical evidence that active learning improves grades and closes gender and socio-economic gaps, the ethical question arises, are we not obliged as law teachers to employ them? This paper examines in three steps that gap between pronouncing from the podium and actively engaging learners by clicker response or web-based devices. Part I reviews the growing literature on active learning including SET-based methods. Part II examines two models of SETs, remote-based and web-based, for their comparative attributes and drawbacks, with a particular focus on law teaching. Part III details the author’s experiences with the clicker system teaching introductory law and criminology and offers practical suggestions for facilitating its use. The paper concludes that, in light of recent evidence of heightened learning success using active learning methodologies, and the impending complexity to education posed by wearable technologies, the ethical question of pedagogical competence grows in importance.