民营化:英国实践

我应邀去解释为什么民营化方案在英国会采取如此模式。为此,我需要对英国时下民营化的法律以及政治背景加以阐释。在这一过程中,我们将看到某些在他国少见而英国独有的因素。而这也引出了一个问题,那就是:究竟能够从英国的实践中汲取什么样的经验教训。一、法律背景英国在拥有一部不成文宪法方面完全可以说是独一无二的。但这并不意味着没有宪法。那只是说不存在一部宪法典,我们的宪法是一个包括制定法、判例法、条约以及非正式的惯例在内的混合体。这一结构的基石是议会主权原则,戴雪教授对此有着如此经典的论述:议会主权原则亦即如此,也就…     

A study of drug detection in a postmortem pediatric population

At The Office of the Cuyahoga County Coroner (CCCO), Cleveland, Ohio, it is customary to perform an autopsy and conduct toxicological testing on decedents less than 19 years of age. This study provides a retrospective evaluation of drugs detected in a pediatric postmortem population between the years 1998 and 2002 (n = 730). Demographic information, cause and manner of death, and toxicological results were examined. Blacks comprised 54% of cases, males 59%, and 48% were less than one year of age or stillborn. Forty-two percent of deaths were ruled natural, 27% accident, 13% undetermined, 5% suicide, and 2% homicide. Of the 640 cases subjected to comprehensive testing, 38% of the cases were positive for at least one compound. Resuscitative/treatment drugs were detected most frequently (56% of positive results), followed by illicit drugs (26%), ethanol (11%), carbon monoxide (8%), and antihistamines (6%). Eighty-seven cases contained more than one drug. The deaths of 47 individuals were drug related (6%). In this population, it is recommended that illicit drugs and ethanol are targeted for testing, especially when limited specimens are available for analysis.     

Herceptin, Pharmac and the New Zealand District Health Boards: keeping abreast of the Code of Health and Disability Services Consumers' Rights?

In an era of resource limitations, the problem of matching public expectations with health care provision will always be difficult. In New Zealand there has been recent debate surrounding the potential funding by the Pharmaceutical Management Agency (PHARMAC) of an expensive chemotherapy agent called Herceptin (trastuzumab). Taking the proposed funding options in turn, this article looks at the obligations PHARMAC and the New Zealand District Health Boards might then be subject to with respect to the legislation and the Code of Health and Disability Services Consumers' Rights, and the impact this might have on a health system already subject to resource constraints.     

Every complaint matters: Human Rights Commissioner's opinion concerning independent and effective determination of complaints against the police

Police complaints are a developing area of European human rights law and criminal justice policy. In response to the risk of cultures of police impunity emerging in some European states the Council of Europe Commissioner for Human Rights launched a police complaints initiative in 2008. Written by the consultant to the Commissioner this paper examines his recently published Opinion concerning independent and effective determination of complaints against the police. Firstly, an overview is presented of the different types of complaints mechanism currently operating across Europe. This is followed by an outline of the five police complaints principles developed in the jurisprudence of European Court of Human Rights and explanation of the two-tiered citizen oversight approach advocated in the Commissioner's Opinion. The paper concludes with a discussion of the importance of the principles as a means for ensuring that every police complaint is handled appropriately and proportionately.     

The Macroeconomic Effects of 2017 Through 2025 Federal Fuel Economy and Greenhouse Gas Emissions Standards

In the absence of a national carbon price, the federal Corporate Average Fuel Economy standards and the related greenhouse gas emissions (GHG) standards are the primary mechanisms through which the U.S. reduces transportation GHG emissions. In 2012, these standards were set to rise for light‐duty vehicles between 2017 and 2025, eventually achieving a target of 54.5 miles per gallon in 2025. Since 2012, conditions have changed: forecasts of future gasoline prices have dropped dramatically, consumers have demanded larger vehicles, and the cost of compliance appears to be larger than previously thought. In this article, we analyze the possible macroeconomic effects of the standards with both 2012 inputs and updated inputs to reflect these new market developments. The results reveal that the short‐term effects of the federal standards will be negative, but the long‐term effects will be positive, using both 2012 and updated inputs. The transition from annual negative employment impacts to positive impacts occurs between 2023 and 2026, depending on which set of assumptions are used. Possible revisions to the standards that freeze them at 2020 levels or decrease their stringency reduce short‐term negative impacts but also reduce long‐term positive impacts. We conclude with a discussion of policy implications as they relate to the current energy and climate policy conditions.     

(Re)configuring the criminal justice response to human trafficking: a complex-systems perspective

Abstract

The multidimensional complexities associated with the criminal justice response to human trafficking are well documented. The transient and subversive nature of human trafficking as organised crime and the large number of multidisciplinary role-players involved in coordinating cross jurisdictional efforts to prevent, investigate and prosecute such cases, contribute to this complex undertaking. Complex systems theory suggests that a complex social problem such as human trafficking cannot be approached by using a linear or simplified lens, and requires a holistic perspective on the complex interactions between actors, and emergent behaviour in both the criminal justice system and the human trafficking system that it seeks to combat. This paper explores the characteristics of complexity, and uses illustrations from the lived experiences of actors in South Africa’s efforts to combat human trafficking, in order to demonstrate how complex systems theory could be considered and integrated into the criminal justice response to human trafficking.