Academic literature on the topic 'Commercialisation of the administrative act'
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Journal articles on the topic "Commercialisation of the administrative act"
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Sumerta Yasa, Putu Gede Arya, Wita Setyaningrum, and Kadek Agus Sudiarawan. "Unlawful Administrative Act: Indonesian Administrative Law Perspective." Varia Justicia 17, no. 2 (September 2, 2021): 160–70. http://dx.doi.org/10.31603/variajusticia.v17i2.5172.
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This study aims to analyze and examine the meaning of unlawful acts by government officials and the authority of state administrative courts in dealing with cases related to unlawful acts by government officials. This study was normative legal research using a statutory approach and a conceptual approach. The primary legal materials uses in this study including Indonesian Civil Code (Burgerlijk Wetboek), Supreme Court Regulation (hereinafter PERMA) Number 2 of 2019 concerning Guidelines For Dispute Settlement Of Government Actions and Authority to Hearing Unlawful Acts By A Government Board And Government Officer (onrechtmatige overheidsdaad) and Law No. 51 of 2009 concerning the second amendment to Law Number 5 of 1986 concerning State Administrative Court to analyses substance related to the meaning of unlawful acts by government officials and the authority of state administrative courts in dealing with cases related to unlawful acts by government officials in accordance with prevailing law. The conceptual approach taken from the meaning of onrechmatigedaad in Burgerlijk Wetboek. This study indicated that the dispute settlement on the unlawful act by the government official mentioned on the Supreme Court regulation (hereinafter PERMA) number 2 of 2019 including dispute settlement process, which shall be file through state administrative court. which stipulates that the authority to hearing the disputes of unlawful acts by the government board or the government officials can be resolved through the state administrative judiciary.
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Miliienko, O. A. "DISCRETION AND ADMINISTRATIVE ACT." Private and public law, no. 3 (2020): 103–6. http://dx.doi.org/10.32845/2663-5666.2020.3.20.
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Lewandowski, Alexander. "THE SIGNIFICANCE OF THE ADMINISTRATIVE ACT AS A FORM OF ADMINISTRATIVE ACTION IN GERMAN ADMINISTRATIVE LAW." Constitutional State, no. 49 (April 18, 2023): 49–57. http://dx.doi.org/10.18524/2411-2054.2023.49.276025.
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The article is devoted to the consideration of administrative act as a form of management by German authorities. A special place in the article is given to the history of the act’s development into an independent unit of administrative law. The author shows the necessity of transition from the concept that emerged in the academic literature in the image of the French act administrative unilateral to a full-ledged legal figure which is still the main element of the guarantee of protection of citizens. The author examines the place of an administrative act in the system of the Administrative Procedure Act and other legal provisions of German law, with an emphasis on the difference in the understanding of an act in different branches of administrative law. The author also reveals the interaction of the act as an element of administrative coercion with the principles of democracy. Particular attention is paid to the understanding of an administrative act in the context of administrative process, including the contrast between the influence of judicial practice and its purely managerial understanding. The article also discusses the peculiarity of an administrative act, namely, its ability to be transformed depending on the needs of public authorities and the absence of any strict restrictions on the part of the legislator. The author also raises the issue of the possibility of replacing or transforming the act with other forms of governance. The author discusses the possibility of a more detailed stratification of an administrative act to increase its effectiveness of application by making its elements easier to construct and facilitating the search for answers to emerging questions.
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Yoon, Kangwook, and Hun-min Park. "Administrative Procedure in Dutch General Administrative Law Act." ADMINISTRATIVE LAW JOURNAL 50 (August 31, 2017): 109–32. http://dx.doi.org/10.35979/alj.2017.08.50.109.
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Milkov, Dragan, and Ratko Radošević. "Assurance in administrative procedure." Zbornik radova Pravnog fakulteta, Novi Sad 56, no. 1 (2022): 1–21. http://dx.doi.org/10.5937/zrpfns56-36621.
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Assurance is one of the novelties in the new Serbian Administrative Procedure Act, passed in 2016. Assurance is a written act through which a competent authority accepts the obligation to issue a certain administrative act, at the request of the party. Legal nature of this act is quite unclear and disputable. Legal theory usually asks itself whether this act can also be considered as an administrative act, or not. In order to answer this question, specific regulations on assurance must be analysed in domestic and comparative law. After this analyse has been done, we can conclude that these regulations are contradictory and the features of the assurance do not correspond to those of an administrative act.
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Niemivuo, Matti. "The Finnish Administrative Procedure Act." European Public Law 10, Issue 3 (September 1, 2004): 461–68. http://dx.doi.org/10.54648/euro2004027.
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Борбунюк, О. О. "To determine the administrative act." Problems of Legality, no. 125 (March 1, 2014): 160–68. http://dx.doi.org/10.21564/2414-990x.125.52476.
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Marčetić, Svetlana. "Administrative act: Concept and types." Glasnik Advokatske komore Vojvodine 82, no. 9 (2010): 508–29. http://dx.doi.org/10.5937/gakv1011508m.
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Chvosta, Peter. "WHEN IS AN ADMINISTRATIVE ACT AN ADMINISTRATIVE ACT? REQUIREMENTS FOR A DECISION IN AUSTRIA." Administrative law and process, no. 3(26) (2019): 77–88. http://dx.doi.org/10.17721/2227-796x.2019.3.05.
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Decision or administrative act are the centerpiece of any administrative processing in Central Europe. Their goal is mostly the same in all countries: They provide for legal peace and legal clarity and are starting points for constitutional review of the state’s actions. After administrative act was defined and its whereabouts codified in the German Administrative Procedure Act, legal science turned to the problem of challenging it before an administrative court. It is argued that not so much the form, but rather the content of the act with all the supplement features is its distinctive feature. For example, when a mayor of a municipality in a letter to individual ordered to allow for consume of private water because of a prolonged drought and at the end of the drought withdraw the letter and canceled the emergency consumption resulting can be challenged in court. As the Constitutional Court said: notwithstanding the form it was a decision since it created or revoked rights. On the other hand, communication or notification are not to be qualified as decisions as well as recommendation or consultation with no binding power. Subjective public rights are essential when assessing the quality of a decision. Even a legal opinion of the Minister of Social Affairs can present a decision if it affects a public right. When a decision even in the form of a letter was taken into consideration by the Constitutional Court and the public authority (Governor) took it back the Court thereupon formally terminated the proceedings but said the letter and its effect were illigal. The Court said that the existence or non-existence of a decision may not be at the expense of the party as well as any interference in public subjective rights even through law rules is open to the constitutional control.
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Miljic, Drazen. "Administrative contracts according to the General Administrative Procedure Act." Zbornik radova Pravnog fakulteta, Novi Sad 51, no. 2 (2017): 521–39. http://dx.doi.org/10.5937/zrpfns51-13936.
Full textDissertations / Theses on the topic "Commercialisation of the administrative act"
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Carlucci, Sarah. "La trasferibilità delle autorizzazioni e concessioni amministrative." Electronic Thesis or Diss., Toulon, 2021. http://www.theses.fr/2021TOUL0140.
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La thèse vise à explorer les questions relatives au transfert, entre sujet privés, des autorisations et des concessions administratives, avec une attention particulière pour les activités liées aux services de santé, où il est particulièrement difficile de trouver un équilibre entre opposes intérêts, publics et privés.La modification subjective dans la relation juridique entre l’Administration Publique et le titulaire de l’acte administratif, qui est remplacé par un nouveau bénéficiaire, doit être lu comme un acte juridique ontologiquement lié au transfert contextuel, inter vivos ou mortis causa, de la situation juridique subjective qui justifie l’intérêt légitime à être titulaire de l’acte administratif favorable. En effet, le transfert d’une activité entrepreneuriale perd son sens juridique, économique et social si l’acheteur ou le successeur universel ne peut pas bénéficier de l’autorisation ou de la concession nécessaire pour exercer effectivement l’activité en question. Mais, si le sujet privé est clairement en faveur d’une libre transférabilité de l’acte administratif, on doit également prendre en considération les intérêts publics protégés par l’acte administratif, intérêts présents non seulement au moment de la délivrance de l’acte mais aussi au moment de transfert de l’activité autorisée ou concédée.Actuellement la jurisprudence administrative continue de considérer les actes administratifs unilatéraux comme strictement personnels, déclarant qu’il n’est pas possible de transférer des autorisations ou des concessions à un nouveau bénéficiaire parce qu’elles sont accordées intuitu personae, c’est-à-dire en considération de la personne du bénéficiaire. Toutefois, s’il est clair qu' on ne peut pas parler de transférabilité pur ces autorisations et concessions qui dépendent de qualités strictement individuelles, il ne semble pas y avoir d’obstacle valable au transfert d’une autorisation ou concession accordées exclusivement ou principalement en raison de l’activité objective à laquelle elles se réfèrent. La transférabilité d’un acte administratif unilatéral dans lequel le potentiel économique et la présence de prérequis techniques sont plus importantes que des qualités strictement personnelles pourrait alors être reconnu, sans menacer l’intérêt public, qui reste protégé par le fait que la cession de l’acte administratif c’est ne pas une simple commercialisation entre sujet privées, mais c’est un acte juridique qui ne peut exercer ses effets qu’après la délivrance d’une autorisation spécifique par l’administration publique compétente. Cette intervention administrative est lue par la jurisprudence comme la délivrance d’une nouvelle autorisation mais on pense qu’elle devrait être interprétée et réglementée comme un contrôle préventif du respect des seuls éléments réellement subjectifs requis par la loi, parce que s’il y a une cession contextuelle de l’entreprise, en tant qu’ensemble organisé de biens et de ressources humaines, la conformité de l’activité au regard des critères qualitatifs et quantitatifs prédéterminés par l’administration publique a déjà été appréciés au moment de l’émission de l’acte administratif et peut, tout au plus, être l’objet de contrôles périodiques ordinaire effectués par les administrations compétentes, visant à vérifier le respect effectif des conditions fixées dans l’acte administratif transféré.Les transferts des autorisations et des concessions sont des opérations comportant un risque juridique d’une importance particulière, qu’il convient de connaître et d’analyser pour mieux le gérer. Le but de la recherche est d’examiner s'il existe des critères généraux et communs qui peuvent être utilisés pour résoudre les problèmes théoriques et pratiques liés au transfert des actes administratifs tant pour les activitésThe research aims to investigate the problems relating to the transfer of administrative acts between private subjects, especially with attention to activities related to health services, where it is difficult to find a balance between conflicting interests,The subjective change in the legal relationship between the Public Administration and the holder of the administrative act, which is replaced by a new beneficiary, must be read as a legal act ontologically linked to the contextual transfer, inter vivos or mortis causa, of the subjective legal situation that justifies the legitimate interest in being the holder of the favorable administrative act. Indeed, the transfer of a commercial activity loses its legal, economic and social significance if the buyer or the universal successor cannot benefit from the administrative act necessary to effectively carry out the activity. But, if the private subject is clearly in favor of a free transferability of the administrative act, it is also necessary to take into account the public interests protected by the administrative act, interests present both at the time of issue of the act and at the moment of the transfer of the authorized activity.Currently, administrative jurisprudence continues to consider administrative acts as strictly personal, stating that it is not possible to transfer an administrative act to a new beneficiary because it is issued in consideration of the person who benefits from it. However, if it is clear that we cannot speak of the transferability of those administrative acts that depend on strictly individual qualities, there seems to be no valid obstacle to the transfer of an act issued exclusively or mainly by reason of the objective activity to which it refers. The transferability of an administrative act in which the economic potential and the presence of technical prerequisites are more important than personal qualities could therefore be recognized, without threatening the public interest, which remains protected by the fact that the transfer of the administrative act is not a simple marketing between private subjects, but it is a legal act that can exercise its effects after issuing a specific authorization by the competent public administration. This administrative intervention is read by the jurisprudence as the issue of a new authorization but we believe that it must be interpreted and regulated as a preventive check only of the subjective elements required by law, because if there is a contextual transfer of the commercial company, such as an organization of resources, the compliance of the activity with the qualitative and quantitative criteria predetermined by the public administration has already been verified at the time of the issue of the administrative act : it would rather be necessary to subject the activity to subsequent periodic effective checks carried out by the competent administrations, aimed at verifying the compliance with the conditions set out in the transferred administrative act.Transfers of administrative acts are operations that involve significant legal risk, which should be understood and analyzed to best manage it. The aim of the research is to examine whether there are general and common criteria that can be used to solve theoretical and practical problems related to the transfer of administrative acts, with reference to private commercial activities and public service activities
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Dixon, John. "The reform of the Australian Public Service : commercialisation and its implications for public management education /." View thesis, 1995. http://library.uws.edu.au/adt-NUWS/public/adt-NUWS20030818.114628/index.html.
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Brennan, Timothy J. "Aligning Investigative and Enforcement Services (IES) with the Government Performance and Results Act." Instructions for remote access. Click here to access this electronic resource. Access available to Kutztown University faculty, staff, and students only, 1999. http://www.kutztown.edu/library/services/remote_access.asp.
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Thesis (M.P.A.)--Kutztown University of Pennsylvania, 1999.Source: Masters Abstracts International, Volume: 45-06, page: 2934. Typescript. Abstract precedes thesis as 2 preliminary leaves. Includes bibliographical references (leaves 59-66).
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Hona, Zakuthwani Alfred. "The Applicability of the Promotion of Access to Information Act 2 of 2000 and Promotion of Administrative Justice Act 3 of 2000 to the South African Legal Practice Council." Master's thesis, Faculty of Law, 2020. http://hdl.handle.net/11427/32278.
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Section 33 of the Constitution guarantees to everyone the right to just administrative action that is lawful, reasonable and procedurally fair. The Promotion of Administrative Justice Act 3 of 2000 (“PAJA”) was promulgated to give effect to give effect to this fundamental right as envisaged in s 33(3) of the Constitution. Section 32 of the Constitution also guarantees to everyone the right of access to information. The Promotion of Access to Information Act 2 of 2000 (“PAIA”) was promulgated to give effect to this fundamental right as contemplated in s 32(2) of the Constitution. This thesis considers the extent to which the provisions of PAJA may be applicable to the actions of the South African Legal Practice Council (“the LPC”). It also considers the extent to which the provisions of PAIA may be applicable to the records of the LPC. Some remedial legislative amendments to the provisions of both PAJA and PAIA are recommended with the view of addressing certain identified legal obstacles. The proposed legislative amendments will enhance the exercise, realisation, enforcement and protection of both the right to just administrative action and the right of access to information.
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Abulaban, Albara A. "The Saudi Arabian Arbitration Regulations : a comparative study with the English Act of 1996 and the Arbitration Scotland Act of 2010." Thesis, University of Stirling, 2015. http://hdl.handle.net/1893/22938.
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Today we live in a world where international trade accounts for a significant proportion of the daily trade for an enormous number of companies and institutions. The number of international commercial deals that are made every day is countless. The sheer scale of international trade invariably results in an increase in the number of disputes between international partners. However, where there are problems, methods to resolve the disagreements will invariably appear. One of the main and mostly preferred methods is arbitration. Arbitration is preferred for it is convenient and cost-effective method to resolve disputes between business partners. Saudi Arabia has recently reformed its Arbitration Regulations through the implementation of new regulations in 2012. This replaces previous regulations dating from 1983 and the implementation rules of 1985. This thesis examines, analyses and criticises these regulations and compare them to the English and the Scottish arbitration laws. Throughout this study, the old Saudi regulations and implementation rules are examined in order to determine how the rule of arbitration worked in the country. Following this, the new regulations are presented to see what has changed and if there has been any improvement. This is subsequently followed by a discussion on the scale of the improvement and whether further improvements are required in Saudi Arabia. This thesis will also carry out a comparison with the English Act of 1996 and the Arbitration Scotland Act of 2010. The conclusion address and highlight the main differences between the regulations, when present and highlights what the Saudi legislator can benefit from the laws under consideration. One of the main aims of this study was to find if the Saudi Arbitration Regulations have improved and addressed the issues that concerned researchers and commentators in the past. The research finds that there are significant improvements in the Saudi regulations.
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León, Luna Luis Miguel. "I demand an Explanation! ... The Importance of the Motivation of the Administrative Act." Derecho & Sociedad, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/117553.
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In this article, the author stresses the importance of the right to proper motivation in the context of administrative procedures. In that sense, he states that all public bodies are required to issue administrative acts duly substantiated, because this is a requirement which, if unobserved, generates the nullity of the act. But beyond to validate administrative act, the author argues that the main benefit of meeting the proper motivation lies in the improvement of the interaction between the taxpayers and the Public Administration, generating greater confidence in state activity and promoting the development of economic activities with increasing levels of formality.En el presente artículo, el autor destaca la importancia del principio-derecho a la debida motivación en el marco de los procedimientos administrativos. En esa línea, afirma que todas las entidades públicas están obligadas a expedir actos administrativos debidamente fundamentados, pues este constituye un requisito de validez que, de ser inobservado, acarrea la nulidad del acto. Pero más allá de validar al acto administrativo, el autor sostiene que el principal beneficio de que se cumpla con la debida motivación radica en la mejora de la interacción entre los administrados y la Administración Pública, generando mayor confianza en la actividad estatal y propiciando el desarrollo de actividades económicas con cada vez mayores niveles de formalidad.
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Bednar, Jeannine. "The extent to which review for unreasonableness is meaningfully incorporated in the promotion of Administrative Justice Act No. 3 of 2000." Thesis, Rhodes University, 2006. http://eprints.ru.ac.za/320/.
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Craig, Matthew A. "The exhaustive debate over administrative involvement as applied to the Americans with Disabilities Act." Honors in the Major Thesis, University of Central Florida, 2001. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/267.
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This item is only available in print in the UCF Libraries. If this is your Honors Thesis, you can help us make it available online for use by researchers around the world by following the instructions on the distribution consent form at http://library.ucf.edu/Systems/DigitalInitiatives/DigitalCollections/InternetDistributionConsentAgreementForm.pdf You may also contact the project coordinator, Kerri Bottorff, at kerri.bottorff@ucf.edu for more information.Bachelors
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Winkler, Ellis H. "An Administrative Perspective of the Job Training Partnership Act in Selected Counties in Tennessee." Digital Commons @ East Tennessee State University, 1986. https://dc.etsu.edu/etd/2831.
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The problem of this study was to determine if, in selected counties in Tennessee, differences in the noncompletion rate, the positive termination rate, and the job retention rate existed in categories of participants in the Job Training Partnership Act (JTPA). This study followed the ex-post-facto design. A personal data form was developed for the purpose of gathering data relative to the personal characteristics of participants enrolled in the JTPA on-the-job training program between July 1, 1984 and June 30, 1985. The findings reflect data gathered on all 1,005 participants in the program. The chi-square test was applied to all 27 of the hypotheses. The statistical analysis was intended to determine significant differences in the participants categorized by sex, age, education, public assistance, unemployment compensation, hours trained, and type of training, in Service Delivery Area 2 in Tennessee. The differences showing significance in the study warranted the following conclusions: (1) The age of the participants significantly affected the positive termination rate of participants in selected age categories, and it was determined that the 18-21 age category had more positive termination participants than expected. (2) A comparison of the positive termination rate and the job retention rate by age indicated a difference existed in that there were significantly more job retention rate participants than positive termination rate participants in all four age categories. (3) A significant difference was found in the job retention rate of participants enrolled in the JTPA on-the-job training program. There were significantly more job retention participants who received unemployment compensation than expected and significantly fewer participants who did not receive unemployment compensation than expected. (4) The type of training received does significantly affect the positive termination rate of participants in selected training categories. The manufacturing/factory assembly line category had significantly fewer participants than were expected. However, the sales/service category had significantly more participants observed than were expected.
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Hopkins, Elana. "Grounds for review of administrative action : the interaction between the constitution, the act and the common law." Thesis, Stellenbosch : Stellenbosch University, 2000. http://hdl.handle.net/10019.1/51779.
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Thesis (LLM)--University of Stellenbosch, 2000.ENGLISH ABSTRACT: South African administrative law has undergone drastic changes since the inception of the interim Constitution, which elevated 'administrative justice' to a constitutionally entrenched fundamental right in section 24. Although the successor of this section, the 'must administrative action' clause in section 33 FC, did not enter into force on 5 February 1996 with the rest of the Constitution, it required more changes to administrative law in the form of legislation, when read together with item 23 Schedule 6 FC. The two most significant factors that brought about change were the passage of the Promotion of Administrative Justice Act 3 of 2000 in terms of section 33 FC read with item 23 Schedule 6, and the ruling of the Constitutional Court in the Pharmaceutical Manufacturers case. This study shows that in order to give effect to the requirements of the Constitution, the Promotion of Administrative Justice Act and the ruling of the Constitutional Court, administrative law must be reorganised. When this happens, section 33 FC, which gives force to the common law that informs administrative law, becomes the starting point in administrative law matters. Although the Act exists under the Constitution and parallel to the common law, Parliament foresees that the Act and the common law will in time become one system of law. It further provides for the direct application of the Constitution by those who cannot find a remedy in the Act. The study further shows that, as not all the common law constitutional principles that previously provided the common law grounds for review of administrative action have been taken up by the Constitution, the possibility exists that some of the common law grounds do not continue to be relevant to the review of administrative action. The Act, which articulates the right to 'just administrative action' as viewed by government, contains most of the common law grounds for review. It is therefore argued that, after the Act has entered into force, the continued relevance of those that have been omitted from the Act, needs to be determined before they can be used through the direct application of section 33 FC. To test for relevance, the requirements in section 33(1) Fe, 'lawfulness', reasonableness' and 'procedural fairness', are therefore interpreted in the study in order to determine which statutory grounds relate to each and which common law grounds have been omitted from the Act. The conclusion reached is that grounds available for the review of administrative action consist of the statutory grounds for review together with the omitted common law grounds that continue to be relevant to the judicial review of administrative action.
AFRIKAANSE OPSOMMING: Sedert die inwerkingtreding van die interim Grondwet, wat 'administratiewe gerigtigheid' tot 'n grondwetlike reg verhef het in artikel 24, het die Suid-Afrikaanse administratiefreg drastiese veranderinge ondergaan. Al het die reg op 'n 'regverdige administratiewe optrede' in artikel33 FG nie op 5 Februarie 1996 in werking getree saam met die res van die Grondwet nie, het die klousule nog veranderinge, in die vorm van wetgewing, vereis. Die twee belangrikste faktore wat veranderinge to gevolg gehad het, was die aanneming van die Wet op die Bevordering van Administratiewe Geregtigheid, Wet 3 van 2000, en die beslissing van die Konstitusionele Hof in die Pharmaceutical Manufacturers-saak. Hierdie studie bevind dat die administratiefreg heringedeel sal moet word om effek te gee aan die vereistes van die Grondwet, die Wet op die Bevordering van Administratiewe Geregtigheid en die beslissing van die Konstitutionele Hof. As dit plaasvind, word artikel 33 FG, wat aan die gemenereg krag verleën, die beginpunt in administratiefregtelike aangeleenthede. Al bestaan die Wet onder die Grondwet en parallel tot die gemenereg, voorsien die regering dat die Wet en die gemenereg in die toekoms een stelsel word. Daar word verder voorsiening gemaak vir die direkte toegpassing van artikel33 deur persone wat nie 'n remedie in die Wet kan vind nie. Die studie bevind verder dat, omdat al die gemeenregtelike konstitusionele beginsels wat voorheen die gronde van hersiening verskaf het nie in die Grondwet opgeneem is nie, die moontlikheid bestaan dat sekere van die gemeenregtelike gronde nie relevant bly vir die hersiening van administratiewe handelinge nie. Die Wet, wat die reg op 'n '[r]egverdige administratiewe optrede' verwoord soos dit gesien word deur die regering, bevat meeste van die gemeenregtelike gronde van hersiening. Daarom word daar geargumenteer dat die voortgesette relevantheid van die gemeenregtelike gronde van hersiening wat uitgelaat is uit die Wet eers bepaal moet word voordat hulle gebruik kan word deur die direkte toepassing van artikel 33 nadat die Wet in werking getree het. Om te toets vir relevantheid, moet die vereistes in artikel 33 FG, 'regmatigheid', 'redelikheid' en 'prosedurele billikheid' geïnterpreteer word om te bepaal watter statutêre gronde onder elk klassifiseer en watter gemmenregtelike gronde uitgelaat is uit die Wet. Die gevolgtrekking is dat die gronde van hersiening beskikbaar vir die hersiening van administratiewe handelinge bestaan uit statutêre gronde van hersiening sowel as die weggelate gemeenregtelike gronde van hersiening wat relevant bly vir die judisiële hersiening van administratiewe handelinge.
Books on the topic "Commercialisation of the administrative act"
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Chris, Richards, and Australia. Dept. of Administrative Services., eds. Gathering momentum: Commercialisation in the public sector. Canberra: Dept. of Administrative Services, 1990.
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States, United. Administrative Dispute Resolution Act. Washington, D.C.?: U.S. G.P.O., 1990.
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Cochran, Leslie H. ACT, administrative commitment to teaching. Cape Girardeau, Mo: Step Up, Inc., 1989.
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Netherlands. General Administrative Law Act: An English translation of the General Administrative Law Act of the Netherlands. The Hague: Ministry of Justice, 1994.
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1956-, Steinecke Richard, ed. The annotated Statutory Powers Procedure Act. Aurora, Ont: Canada Law Book, 1998.
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US GOVERNMENT. Administrative Dispute Resolution Act of 1996. [Washington, D.C.?: U.S. G.P.O., 1996.
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India. The Administrative Tribunals Act, 1985: With cases and materials, as amended by the Administrative Tribunals Act, 1986. Bombay: N.M. Tripathi, 1987.
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California. writ of mandamus California Administrative Procedure Act. Sacramento, CA: Office of Administrative Hearings, 1997.
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Sprague, James L. H. The annotated British Columbia Administrative Tribunals Act. Toronto, Ont: Thomson/Carswell, 2005.
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Goyal, K. N. Commentaries on the Administrative Tribunals Act, 1985. 2nd ed. Lucknow: Eastern Book Co., 1990.
Find full textBook chapters on the topic "Commercialisation of the administrative act"
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Singh, Mahendra P. "Administrative Powers: Administrative Act." In German Administrative Law, 32–49. Berlin, Heidelberg: Springer Berlin Heidelberg, 1985. http://dx.doi.org/10.1007/978-3-662-02457-7_3.
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Singh, Mahendra P. "Administrative Powers: Administrative Act." In German Administrative Law in Common Law Perspective, 63–93. Berlin, Heidelberg: Springer Berlin Heidelberg, 2001. http://dx.doi.org/10.1007/978-3-662-07456-5_3.
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Alder, John. "The Human Rights Act 1998." In Constitutional and Administrative Law, 487–513. London: Macmillan Education UK, 2015. http://dx.doi.org/10.1007/978-1-137-47492-6_22.
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Alder, John, and Keith Syrett. "The Human Rights Act 1998." In Constitutional and Administrative Law, 525–63. London: Macmillan Education UK, 2017. http://dx.doi.org/10.1057/978-1-137-60907-6_22.
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Ryan, Mark, and Steve Foster. "The Human Rights Act 1998." In Unlocking Constitutional and Administrative Law, 513–47. 5th ed. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003262138-17.
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Alder, John. "Civil Liberties: General Principles and The Human Rights Act 1998." In Constitutional and Administrative Law, 321–42. London: Macmillan Education UK, 1999. http://dx.doi.org/10.1007/978-1-349-15077-9_15.
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Radoniewicz, Filip. "Monetary Penalties in the National Cybersecurity System Act." In Cybersecurity in Poland, 365–81. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-78551-2_22.
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AbstractThis chapter presents the provisions of Chapter 14 (“Provisions regarding monetary penalties”) of NCSA containing provisions directed at implementing the provisions of Art. 21 of the NIS which obliging Member States to lay down sanctions applicable to infringements of the national provisions adopted pursuant to the NIS Directive and to take all necessary measures to ensure their implementation.Pursuant to the above provision of the NIS Directive, the Polish legislator adopted an appropriate provisions providing for administrative liability for three groups of entities: operators of essential services, digital service providers and (additionally) managers of operators of essential services.To the penalties imposed on the basis of the NCSA, the provisions of the Code of Administrative Procedure apply, which results directly from the content of art. 189a Code of Administrative Procedure.In this case, provisions of NCSA are ‘lex specialis’ and take precedence over codex regulations. On the other hand, however, it is difficult to consider the statutory regulation as complete (in Chapter 14, in principle, only provisions regulating the types of violations and the amount of administrative penalties are provided), hence the need to apply the provisions of the Code of Administrative Procedure.
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Busch, Elizabeth Kaufer, and William E. Thro. "Administrative Procedure Act." In Title IX, 129–31. Routledge, 2018. http://dx.doi.org/10.4324/9781315689760-9.
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"THE AFFORDABLE CARE ACT:." In Administrative Burden, 95–120. Russell Sage Foundation, 2019. http://dx.doi.org/10.7758/9781610448789.10.
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"The Human Rights Act 1998." In Constitutional and Administrative Law, 742–86. 3rd ed. Cambridge University Press, 2022. http://dx.doi.org/10.1017/9781009158497.034.
Full textConference papers on the topic "Commercialisation of the administrative act"
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Putriyanti, Ayu. "Synchronization Between Act of Governance Administration and Act of Administrative Court to Develop Good Governance." In International Conference on Ethics in Governance (ICONEG 2016). Paris, France: Atlantis Press, 2017. http://dx.doi.org/10.2991/iconeg-16.2017.20.
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Wang, Longyu, Hanke Li, and Tianchong Yao. "Suggestions on Perfecting the Legality Review System of Administrative Act." In Proceedings of the 2018 2nd International Conference on Education Innovation and Social Science (ICEISS 2018). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/iceiss-18.2018.69.
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Özkan, Gürsel. "Administrative Sanction Decisions, the More Favorable Law Application and Trust on Judiciary." In International Conference on Eurasian Economies. Eurasian Economists Association, 2020. http://dx.doi.org/10.36880/c12.02371.
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In terms of administrative sanctions, application of the more favorable law means that when the law in force the time an act was committed and a law subsequently brought into force is different, the law which is more favorable should be applied.
EHRC states that applying more stringent punishment to an offender on the grounds that more stringent punishment was in force when the time criminal offence was committed.
Misdemeanors have been considered within the scope of criminal law by the Constitutional Court and the Constitutional Court accepts that the principle of the application of the more favorable law should be applied to misdemeanors.
Danıştay (the Turkish Council of State) decides that “it should be take into account in terms of administrative sanctions, when a law which is the ground of punishment is set aside or more favorable law is brought into force”.
Since administrative acts are reviewed during annulment cases, a law brought into force after an administrative act cannot affect the act retrospect. A law which is enters into force after an administrative act established, could set up a rule which has retrospective affect only if the rule clearly is an amnesty.
After an administrative fine is imposed, applying criminal law principals to administrative law and administrative sanctions, in other words, rendering decision of annulment on the ground of the principle of the more favorable law betrays the trust on judicial bodies and law.
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Kočí, Roman. "Nový stavební zákon v kontextu základních zásad činnosti správních orgánů." In Naděje právní vědy 2022. University of West Bohemia, Czech Republic, 2023. http://dx.doi.org/10.24132/zcu.nadeje.2022.235-243.
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This paper deals with the issue of the new Construction Act in the context of the basic principles of the activity of administrative authorities. It is a very topical issue, as the new Construction Act has the ambition to change the bad situation in the field of building permits. Building permitting in the Czech Republic is very slow, inefficient, non-transparent and of low quality. The problem has been discussed for two decades without any meaningful solution, and the situation in public building law is getting worse and worse. The ambition of the new Construction Act is to improve the poor situation significantly. In my opinion, the new Construction Act will succeed in doing this if its text reflects the basic principles of the work of administrative authorities. These are defined in the Administrative Code and are universally applicable to all administrative bodies, including building authorities. The basic principles for the activities of administrative authorities should be one of the means of improving the quality, efficiency and speed of a specific legal area. In this paper, I conclude that the content of the new Construction Act is in line with many of the basic principles of administrative authorities. There is a strong presumption that the new Construction Act will fulfil its objectives and that the processes in public construction law will be significantly accelerated and improved. The threat is the forthcoming substantive amendment to the new Construction Act, which will in effect preserve the status quo, i.e. leave the existing system of construction and affected authorities unchanged. This is a major risk and the construction administration will not function properly in this way, as we have seen repeatedly over the last 20 years. It is not just the digitisation of processes that is the salvation. We cannot do without a truly comprehensive reform in public law.
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Bruģe, Zoja. "Tiesību palīgavotu publicēšanas nepieciešamība demokrātiskā tiesiskā valstī." In Latvijas Universitātes 81. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2023. http://dx.doi.org/10.22364/juzk.81.41.
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Use of subsidiary sources of law (diversity) ensures quality decision-making. The use of subsidiary sources of law is affected by their availability. One of the subsidiary sources of law is the decision on the contested administrative act. This article analyses the issue of these decisions and making available thereof. It is concluded in the article that the decision on the contested administrative act is not publicly available, and this is an obstacle for its use in making of new decisions. To remove this obstacle, to promote the openness of public administration and to solve potential dispute in pre-trial process, the article suggests publishing the decision on the contested administrative act.
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Rapajić, Milan. "Prigovor u upravnom postupku i zaštita prava korisnika javnih usluga." In XVI Majsko savetovanje. University of Kragujevac, Faculty of Law, 2020. http://dx.doi.org/10.46793/upk20.683r.
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The General Administrative Procedure Act of 2016 is a truly new law that introduced a number of innovations in the system of legal remedies as well as some new types of administrative actions, such as the adoption of guarantee acts, the conclusion of administrative contracts, the provision of public services. (Admittedly, these are not the only new things, and of these, the author only pays attention to some taking into account the topic of the title work.) In the article, the author touches on a new legal remedy - a complaint. The question arises whether it is at all substantive a legal remedy or an initial act to initiate administrative proceedings. It may also be questioned whether the complaint is a apropriated form of protection for public service users. When it comes to the provision of public services, the author points out that they are not performed in the administrative procedure, and if a less detailed analysis could lead to the conclusion that this is precisely the case. There are differences between the administrative procedure and the provision of public services. The provision of public services should not be regulated by a procedural law aimed at making a decision - an administrative act in this case. The administrative procedure gives legal protection to users of public services. The author doubts the effectiveness of legal protection.
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Briede, Jautrīte. "Mazāk ierobežojošs līdzeklis Administratīvajā procesā." In Latvijas Universitātes 81. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2023. http://dx.doi.org/10.22364/juzk.81.25.
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If an administrative or real act creates adverse consequences for the addressee or a third person, the institution must find less restrictive means for the participants. This article examines how this requirement is reflected in legal norms and applied in the practice of institutions and courts. The article identifies some problematic issues related to terminology, the reflection of the consideration of need in an administrative act or real act and its examination in court and also offers solutions to these issues.
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Qi, Ming, and Binbin Wei. "Design and analysis of administrative approval act based electronic government evaluation system." In the 7th international conference. New York, New York, USA: ACM Press, 2005. http://dx.doi.org/10.1145/1089551.1089651.
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Yolova, Galina. "FOR CERTAIN FEATURES OF THE ADMINISTRATIVE CONTROL UNDER THE HEALTH INSURANCE ACT." In 15 YEARS OF ADMINISTRATIVE JUSTICE IN BULGARIA - PROBLEMS AND PERSPECTIVES. University publishing house "Science and Economics", University of Economics - Varna, 2022. http://dx.doi.org/10.36997/ppdd2022.78.
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The elaboration analyzes the legal framework regulating the administrative control under the Health Insurance Act. By establishing the individual levels and the related control bodies, the types and mechanisms of control impact are structured, giving them typification and a brief analysis and deriving conclusions and summaries.
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Tsvetkovska, Milena. "LEGAL CHARACTERISTICS OF THE ACT FOR ALIENATION OF PROPERTY - PRIVATE PROPERTY FOR STATE AND MUNICIPAL NEEDS." In 15 YEARS OF ADMINISTRATIVE JUSTICE IN BULGARIA - PROBLEMS AND PERSPECTIVES. University publishing house "Science and Economics", University of Economics - Varna, 2022. http://dx.doi.org/10.36997/ppdd2022.173.
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The subject of this report is a study of the process of expropriation of property - private property for state and municipal needs. The prerequisites for opening proceedings are examined through the prism of some practical problems that arise in their application. Based on this, conclusions are made about the legal characteristics of the expropriation as a separate proceeding, having both administrative and civil legal elements.
Reports on the topic "Commercialisation of the administrative act"
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Arends, J., and William F. Sandusky. American Recovery and Reinvestment Act Federal Energy Management Program Technical Assistance Project 184 U.S. Customs and Border Protection Administrative and Laboratory Building, Springfield, Virginia. Office of Scientific and Technical Information (OSTI), September 2010. http://dx.doi.org/10.2172/1000148.
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Kangave, Jalia, Ronald Waiswa, and Nathan Sebaggala. Are Women More Tax Compliant than Men? How Would We Know? Institute of Development Studies, March 2021. http://dx.doi.org/10.19088/ictd.2021.006.
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Most research on tax compliance, including research on gender differences in compliance, is based on one of two problematic sources of data. One is surveys enquiring about attitudes and beliefs about taxpaying, or actual taxpaying behaviour. The other is experiments in which people who may or may not have experience of paying different types of taxes are asked to act out roles as taxpayers in hypothetical situations. Much more accurate and reliable research is possible with access to ‘tax administrative data’, i.e. the records maintained by tax collection organisations. With tax administrative data, researchers have access to tax assessments and tax payments for specific (anonymised) individual or corporate taxpayers. Further, tax administrative data enables researchers to take account of a phenomenon largely ignored in more conventional compliance research. Tax payment is best understood not as an event, but as part of a multi-stage process of interaction between taxpayers and tax collectors. In particular, actually making a tax payment typically represents the culmination of a process that also involves: registering with the tax collecting organisation; filing annual tax returns; filing returns that indicate a payment liability; and receiving an assessment. The multi-stage character of this process raises questions about how we conceptualise and measure tax compliance. To what extent does ‘compliance’ refer to: registration, filing, accurate filing, or payment? The researchers employed this framework while using tax administrative data from the Uganda Revenue Authority to try to determine gender differences in compliance. The results are sensitive to the adoption of different definitions of compliance and subject to year-to-year changes. Finding robust answers to questions about gender differences in tax compliance is more challenging than the research literature indicates.
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Arora, Sanjana, and Olena Koval. Norway Country Report. University of Stavanger, 2022. http://dx.doi.org/10.31265/usps.232.
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This report is part of a larger cross-country comparative project and constitutes an account and analysis of the measures comprising the Norwegian national response to the COVID-19 pandemic during the year of 2020. This time period is interesting in that mitigation efforts were predominantly of a non-medical nature. Mass vaccinations were in Norway conducted in early 2021. With one of the lowest mortality rates in Europe and relatively lower economic repercussions compared to its Nordic neighbours, the Norwegian case stands unique (OECD, 2021: Eurostat 2021; Statista, 2022). This report presents a summary of Norwegian response to the COVID-19 pandemic by taking into account its governance, political administration and societal context. In doing so, it highlights the key features of the Nordic governance model and the mitigation measures that attributed to its success, as well as some facets of Norway’s under-preparedness. Norway’s relative isolation in Northern Europe coupled with low population density gave it a geographical advantage in ensuring a slower spread of the virus. However, the spread of infection was also uneven, which meant that infection rates were concentrated more in some areas than in others. On the fiscal front, the affluence of Norway is linked to its petroleum industry and the related Norwegian Sovereign Wealth Fund. Both were affected by the pandemic, reflected through a reduction in the country’s annual GDP (SSB, 2022). The Nordic model of extensive welfare services, economic measures, a strong healthcare system with goals of equity and a high trust society, indeed ensured a strong shield against the impact of the COVID-19 pandemic. Yet, the consequences of the pandemic were uneven with unemployment especially high among those with low education and/or in low-income professions, as well as among immigrants (NOU, 2022:5). The social and psychological effects were also uneven, with children and elderly being left particularly vulnerable (Christensen, 2021). Further, the pandemic also at times led to unprecedented pressure on some intensive care units (OECD, 2021). Central to handling the COVID-19 pandemic in Norway were the three national executive authorities: the Ministry of Health and Care services, the National directorate of health and the Norwegian Institute of Public Health. With regard to political-administrative functions, the principle of subsidiarity (decentralisation) and responsibility meant that local governments had a high degree of autonomy in implementing infection control measures. Risk communication was thus also relatively decentralised, depending on the local outbreak situations. While decentralisation likely gave flexibility, ability to improvise in a crisis and utilise the municipalities’ knowledge of local contexts, it also brought forward challenges of coordination between the national and municipal level. Lack of training, infection control and protection equipment thereby prevailed in several municipalities. Although in effect for limited periods of time, the Corona Act, which allowed for fairly severe restrictions, received mixed responses in the public sphere. Critical perceptions towards the Corona Act were not seen as a surprise, considering that Norwegian society has traditionally relied on its ‘dugnadskultur’ – a culture of voluntary contributions in the spirit of solidarity. Government representatives at the frontline of communication were also open about the degree of uncertainty coupled with considerable potential for great societal damage. Overall, the mitigation policy in Norway was successful in keeping the overall infection rates and mortality low, albeit with a few societal and political-administrative challenges. The case of Norway is thus indeed exemplary with regard to its effective mitigation measures and strong government support to mitigate the impact of those measures. However, it also goes to show how a country with good crisis preparedness systems, governance and a comprehensive welfare system was also left somewhat underprepared by the devastating consequences of the pandemic.
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Delbridge, Victoria, Astrid Haas, Oliver Harman, and Anthony Venables. Enhancing the financial position of cities: Evidence from Kampala. UNHabitat, March 2022. http://dx.doi.org/10.35489/bsg-igc-wp_2022/2.
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The city of Kampala in Uganda provides an illustrative example of how institutional and administrative reform, without widespread policy change, can generate substantial increases in municipal revenues. Through the implementation of more efficient digitalised systems, attracting higher capacity staff, and a focus on the ‘citizen as a client’, the city has managed to increase own-source revenues three-fold from UGX 30 billion (US$8.2 million) in 2010/11 to UGX 90 billion (US$25 million) in 2018/191, as well as crowd in more central government and donor funds. These reforms were made possible by strong leadership, a political window to act, and strong support from development partners. What was striking was the administration’s reflection that its most significant success was not in doing something new, but rather in doing its job as it is meant to be done. Furthermore, the reforms contributed to achieving an investment-grade credit rating in 2015, creating the potential for increased funding opportunities for large-scale investments in the future. This, coupled with recent regulatory change to remove the previously restrictive 10 per cent cap on borrowing, provides promising new avenues for attracting investments. However, a number of stakeholders noted concerns that, despite overcoming regulatory hurdles, the city is still not equipped with the capacity to develop bankable plans and projects. For development partners, the example of Kampala highlights the need for collaboration to build capacity, both in reforming systems and in designing implementable strategies and bankable projects worthy of external finance. However, concerns around the way development finance skews prioritisation of projects, as well as the difficulties in providing for ongoing maintenance which are often not accounted for in development partner investments, were also highlighted.
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Kahima, Samuel, Solomon Rukundo, and Victor Phillip Makmot. Tax Certainty? The Private Rulings Regime in Uganda in Comparative Perspective. Institute of Development Studies, January 2021. http://dx.doi.org/10.19088/ictd.2021.001.
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Taxpayers sometimes engage in complex transactions with uncertain tax treatment, such as mergers, acquisitions, demergers and spin-offs. With the rise of global value chains and proliferation of multinational corporations, these transactions increasingly involve transnational financial arrangements and cross-border dealings, making tax treatment even more uncertain. If improperly structured, such transactions could have costly tax consequences. One approach to dealing with this uncertainty is to create a private rulings regime, whereby a taxpayer applies for a private ruling by submitting a statement detailing the transaction (proposed or completed) to the tax authority. The tax authority interprets and applies the tax laws to the requesting taxpayer’s specific set of facts in a written private ruling. The private ruling offers taxpayers certainty as to how the tax authority views the transaction, and the tax treatment the taxpayer can expect based on the specific facts presented. Private rulings are a common feature of many tax systems around the world, and their main goal is to promote tax certainty and increase investor confidence in the tax system. This is especially important in a developing country like Uganda, whose tax laws are often amended and may not anticipate emerging transnational tax issues. Private rulings in Uganda may be applied for in writing prior to or after engaging in the transaction. The Tax Procedures Code Act (TPCA), which provides for private rulings, requires applicants to make a full and true disclosure of the transaction before a private ruling may be issued. This paper evaluates the Ugandan private rulings regime, offering a comparative perspective by highlighting similarities and contrasts between the Ugandan regime and that of other jurisdictions, including the United States, Australia, South Africa and Kenya. The Ugandan private rulings regime has a number of strengths. It is not just an administrative measure as in some jurisdictions, but is based on statute. Rulings are issued from a central office – instead of different district offices, which may result in conflicting rulings. Rather than an elaborate appeals process, the private ruling is only binding on the URA and not on the taxpayer, so a dissatisfied taxpayer can simply ignore the ruling. The URA team that handles private rulings has diverse professional backgrounds, which allows for a better understanding of applications. There are, however, a number of limitations of the Ugandan private rulings system. The procedure of revocation of a private ruling is uncertain. Private rulings are not published, which makes them a form of ‘secret law’. There is no fee for private rulings, which contributes to a delay in the process of issuing one. There is understaffing in the unit that handles private rulings. Finally, there remains a very high risk of bias against the taxpayer because the unit is answerable to a Commissioner whose chief mandate is collection of revenue. A reform of the private rulings regime is therefore necessary, and this would include clarifying the circumstances under which revocation may occur, introducing an application fee, increasing the staffing of the unit responsible, and placing the unit under a Commissioner who does not have a collection mandate. While the private rulings regime in Uganda has shortcomings, it remains an essential tool in supporting investor confidence in the tax regime.
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Lazonick, William, Philip Moss, and Joshua Weitz. Equality Denied: Tech and African Americans. Institute for New Economic Thinking, February 2022. http://dx.doi.org/10.36687/inetwp177.
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Thus far in reporting the findings of our project “Fifty Years After: Black Employment in the United States Under the Equal Employment Opportunity Commission,” our analysis of what has happened to African American employment over the past half century has documented the importance of manufacturing employment to the upward socioeconomic mobility of Blacks in the 1960s and 1970s and the devastating impact of rationalization—the permanent elimination of blue-collar employment—on their socioeconomic mobility in the 1980s and beyond. The upward mobility of Blacks in the earlier decades was based on the Old Economy business model (OEBM) with its characteristic “career-with-one-company” (CWOC) employment relations. At its launching in 1965, the policy approach of the Equal Employment Opportunity Commission assumed the existence of CWOC, providing corporate employees, Blacks included, with a potential path for upward socioeconomic mobility over the course of their working lives by gaining access to productive opportunities and higher pay through stable employment within companies. It was through these internal employment structures that Blacks could potentially overcome barriers to the long legacy of job and pay discrimination. In the 1960s and 1970s, the generally growing availability of unionized semiskilled jobs gave working people, including Blacks, the large measure of employment stability as well as rising wages and benefits characteristic of the lower levels of the middle class. The next stage in this process of upward socioeconomic mobility should have been—and in a nation as prosperous as the United States could have been—the entry of the offspring of the new Black blue-collar middle class into white-collar occupations requiring higher educations. Despite progress in the attainment of college degrees, however, Blacks have had very limited access to the best employment opportunities as professional, technical, and administrative personnel at U.S. technology companies. Since the 1980s, the barriers to African American upward socioeconomic mobility have occurred within the context of the marketization (the end of CWOC) and globalization (accessibility to transnational labor supplies) of high-tech employment relations in the United States. These new employment relations, which stress interfirm labor mobility instead of intrafirm employment structures in the building of careers, are characteristic of the rise of the New Economy business model (NEBM), as scrutinized in William Lazonick’s 2009 book, Sustainable Prosperity in the New Economy? Business Organization and High-Tech Employment in the United States (Upjohn Institute). In this paper, we analyze the exclusion of Blacks from STEM (science, technology, engineering, math) occupations, using EEO-1 employment data made public, voluntarily and exceptionally, for various years between 2014 and 2020 by major tech companies, including Alphabet (Google), Amazon, Apple, Cisco, Facebook (now Meta), Hewlett Packard Enterprise, HP Inc., Intel, Microsoft, PayPal, Salesforce, and Uber. These data document the vast over-representation of Asian Americans and vast under-representation of African Americans at these tech companies in recent years. The data also shine a light on the racial, ethnic, and gender composition of large masses of lower-paid labor in the United States at leading U.S. tech companies, including tens of thousands of sales workers at Apple and hundreds of thousands of laborers & helpers at Amazon. In the cases of Hewlett-Packard, IBM, and Intel, we have access to EEO-1 data from earlier decades that permit in-depth accounts of the employment transitions that characterized the demise of OEBM and the rise of NEBM. Given our findings from the EEO-1 data analysis, our paper then seeks to explain the enormous presence of Asian Americans and the glaring absence of African Americans in well-paid employment under NEBM. A cogent answer to this question requires an understanding of the institutional conditions that have determined the availability of qualified Asians and Blacks to fill these employment opportunities as well as the access of qualified people by race, ethnicity, and gender to the employment opportunities that are available. Our analysis of the racial/ethnic determinants of STEM employment focuses on a) stark differences among racial and ethnic groups in educational attainment and performance relevant to accessing STEM occupations, b) the decline in the implementation of affirmative-action legislation from the early 1980s, c) changes in U.S. immigration policy that favored the entry of well-educated Asians, especially with the passage of the Immigration Act of 1990, and d) consequent social barriers that qualified Blacks have faced relative to Asians and whites in accessing tech employment as a result of a combination of statistical discrimination against African Americans and their exclusion from effective social networks.