Troubled Waters: The Unifying Influence of Conservation and Public Health on the Access Provisions of the Marine and Coastal Access Act

The Marine and Coastal Access Act, amongst its other aims, is intended to ‘build on existing access legislation to create a route around the coast of England’ (Foreword to the Draft Marine Bill, HMSO 2008). As such the Act can be seen as a continuation of the access objectives of the Countryside and Rights of Way Act, and possibly as a vindication of the success of the original Act. The broad objectives of access, land management and conservation are present in both pieces of legislation, though it remains to be seen whether the access provisions of the Marine Act will enjoy the same level of funding as those of the CROW Act. This paper investigates the origins of the Marine Act, and in particular the power and influence of tourism, nostalgia and environmentalism on the emergence of this legislation.     

The Localism Act 2011: The Hollow Housing Law Revolution

In November 2011, the Localism Act was passed and, on one view, reflects the widest‐ranging reforms to housing law for over a half century. Ambitious in its stated aims, the legislation was trailed as representing a broad shift in power from central Whitehall to local communities and individuals. The article critically examines the central changes introduced by the 2011 Act as they pertain specifically to housing law in England, namely the new flexible tenancy regime, the changes to homelessness duties under Part VII of the Housing Act 1996 and the reforms concerning the allocation of social housing. The article interrogates the extent to which the reforms realise the stated localist agenda and highlights areas of difficulty in interpretation and application. It concludes that rather than bestowing greater power on local communities, the reforms to housing law will instead effect a perceptible reduction of power in the hands of local people.     

我国公证制度的发展改革与创新

一、我国公证工作的发展历程 新中国成立前，东北解放区人民政府于1946年在哈尔滨市人民法院首先开始承办公证事务，随后沈阳等地的人民法院也相继开办公证业务。这对维护解放区人民的财产和身份上的合法权益，提供了一定的保障作用。建国后，公证制度在大中城市得到推行。1951年9月3日，中央人民政府颁布的《中华人民共和国人民法院暂行条例》规定，公证由市人民法院和县人民法院负责办理。1954年，公证工作转归司法行政机关直接领导和管理。1956年7月10日至1957年，     

论公共行政变革与行政行为理论的完善

为了适应社会发展与公共行政变革的需要,有必要改造我国的行政行为理论,重新认识行政行为的特征,扩展行政行为的范围,将多种行政方式纳入行政行为体系中来,研究其运行的规则与应遵循的原则,促进行政法学与行政法治的发展。     

天津市公证行业服务“三保”促农村改革发展对策研究

在应对金融危机,保增长、保民生、保稳定的新形势下,如何更好地服务农村工作改革发展,是公证工作面临的紧要任务。30年改革开放带来农村巨变,党的十七届三中全会精神将更有力地推动农村经济社会更大范围和更深层次的改革与发展。公证行业要抓住时机,不断提高服务能力,满足广大农村和农民对公证法律服务的新要求和新期待。     

Whistleblowers, the Public Interest, and the Public Interest Disclosure Act 1998

Corporate crime and organisational deviance raise complex legal issues. An initial problem lies simply in identifying when such wrongdoing has occurred. Here, whistleblowers can perform a valuable service. However, publicized cases suggest that they often pay dearly for their candour, encountering unfair sanctions at work. In Britain, the Public Interest Disclosure Act 1998 seeks to protect good-faith whistleblowers from employer reprisals. In the wake of this legislation, the authors examine whistleblowing from a socio-legal perspective, asking what motivates whistleblowers, how do institutions respond to them, can legislation adequately protect them, and what effects will PIDA have on whistleblowing, employment practices, the culture of the workplace and, ultimately, society.     

Transforming Public Health Law: The Turning Point Model State Public Health Act

Law is an essential tool for improving public health infrastructure and outcomes; however, existing state statutory public health laws may be insufficient. Built over decades in response to various diseases/conditions, public health laws are antiquated, divergent, and confusing. The Turning Point Public Health Statute Modernization National Collaborative addressed the need for public health law reform by producing a comprehensive model state act. The Act provides scientifically, ethically, and legally sound provisions on public health infrastructure, powers, duties, and practice. This article examines (1) how statutory law can be a tool for improving the public's health, (2) existing needs for public health law reform, (3) themes and provisions of the Turning Point Act, and (4) how it is being used by public health practitioners.     

工伤救济先行给付与代位求偿制度探微——兼评《社会保险法》工伤保险基金先行支付制度的得与失

先行给付与代位求偿是保险法上的通例,《社会保险法》第41、42条涉及该通例并规定为工伤保险基金先行支付制度。先行支付制度包括垫付性先行支付和保险性先行支付,也称为用人单位未依法缴纳工伤保险费型先行支付和由于第三人的原因造成工伤型先行支付。在社保强制性不足的背景下,该制度设计有着明显的缺陷,鉴于其积极的人本价值和宽容的制度理性,不宜弱化先行支付制度之实施,应当通过完善社保强制性、加大违法成本、强化惩戒措施来保证该制度的有效实施。     

The Contradictions of Immigration Lawmaking: The Immigration Reform and Control Act of 1986

This paper argues that the Immigration Reform and Control Act of 1986 is a composite of contradictory measures. On one hand, employer sanctions are meant to curtail the employment of undocumented workers and preserve the U.S. labor market for legal residents and citizens; on the other hand, special foreign worker programs are designed to enhance the supply of immigrant workers. In an effort to make sense of these contradictions, the author places the legislation in historical context and proposes a dialectical model of immigration policymaking.     

The Labor Reform Act of 1977: a detailed analysis.

As a former General Counsel of the NLRB, Peter Nash enjoyed a vantage point from which to observe the procedures of the Board and evaluate how the provisions of the NLRA itself operated. Nou in private practice, he has made a detailed analysis of the labor reform legislation pending in Congress and strongly supported by organized labor. Writing from management's point of view, Mr. Nash concludes that the bills now pending are designed solely to assist unions in their organizing efforts; will not expedite the processing of Board cases; and contain harsh, unfair, and unnecessary deterrent remedies against employers.