Does the amount of participation matter? Public comments,agency responses and the time to finalize a regulation

The notice and comment rulemaking process is a fundamental part of how agencies write regulations. While this process is starting to receive more empirical attention, the question of how the number of comments that an agency receives affects its decision-making process has received little examination. This paper uses Boolean analysis to examine nine rules from two agencies at the Department of Health and Human Services and evaluates the impact of a high volume of comments on agency changes to proposed rules and the time an agency takes to finalize a proposed rule. These nine cases suggest that agencies are most likely to change their proposals when they receive a high volume of comments on highly complex rules that are not very politically salient. Highly complex rules are also likely to take a long time to finalize when there are many public comments however it is often other factors that cause a long delay between proposed and final rules.

RR v Secretary of State for Work and Pensions: Empowering Tribunals to Enforce the Human Rights Act 1998

In RR v Secretary of State for Work and Pensions – follow-on litigation from the high-profile bedroom tax cases – the Supreme Court handed down a judgment which has significant implications for social security law, the interpretation of the Human Rights Act, the tribunals system, the judicial control of delegated legislation, and access to justice. Central, however, was the issue of the enforceability of human rights. We argue that the Supreme Court was not only justified in its interpretation of the Human Rights Act but that it has made the protections of the Act more easily enforceable.     

Redistributive politics: A theory of taxation for an incumbent in a democracy

In order to maximize votes, incumbent politicians design and implement redistributional programs. These programs benefit some voters at the expense of others. In the simple two group (or tax payers and beneficiaries) case we identify the nature of vote maximizing transfer policies. This model's basic approach is shown to hold for multiple group models as well. Strategic implications for the organizers of sub groups of the population (or group leaders) are developed. Other extensions of the model are discussed. qu]Where the budget is clever is in its detail. Each little measure is designed to hurt (but not too much) people who are not politically important, while tossing a bone to people who are. You can see this in a host of different ways.     

Proficiency testing (external quality assessment) of drug detection in oral fluid

Eighteen external quality assessment (proficiency testing) samples were prepared from client specimens collected with the Intercept oral fluid collection device and by spiking drug-free oral fluid. Samples were circulated in pairs at quarterly intervals to 13 UK and USA based laboratories for analysis by a panel of OraSure micro-plate Intercept enzyme immunoassay kits and hyphenated mass spectrophotometric techniques. During the survey, there was a single case of non-specificity in a false report for methadone. The major errors were of lack of sensitivity relative to the concentration thresholds specified for the immunoassays. The sensitivity for overall "present"/"not found" reports calculated as true positives/(true positives+false negatives) were for the amphetamine specific assay 50%, methyl-amphetamines 93%, barbiturates 64%, cannabinoids 73%, cocaine and metabolites 100%, benzodiazepines 69%, methadone 95%, opiates 79% (opiates excluding oxycodone 93%), phencyclidine 93% and human gamma-globulin 97%. A small number of the sensitivity errors were attributable to errors in chromatographic confirmation techniques.     

Cardiac concussion: definition, differential diagnosis, and cases presentation and the legal ramification of a misdiagnosis

A cardiac concussion is caused by a sudden, nonpenetrating, localized impact to the chest that is theorized to result in almost simultaneous sudden death from a disruption to the conductive system. The detailed external/internal forensic examination of the body reveals no evidence of structural, pathologic, or histologic signs of trauma to the heart. A cardiac concussion is a rare and often overlooked cause of sudden death. This type of sudden death is typically seen among younger individuals participating in sports involving projectiles and, to a lesser degree, where collisions occur. Cardiac concussions are clinically, pathologically, and chemically different from a cardiac contusion. The objective of this paper will be to define cardiac concussion, differentiate between cardiac concussion and cardiac contusion, and describe the clinical and pathologic features of a 32-year-old white male who died of a cardiac concussion following a collision with a catcher during a softball game. The civil ramification of incorrectly diagnosing the manner of death in cases of death involving a cardiac concussion will also be addressed.