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1

Fishbaugh, Mary Susan E., Linda Christensen, Harvey Rude, and Susan Bailey-Anderson. "Regional Comprehensive System of Personnel Development Council Activity in Big Sky Country." Rural Special Education Quarterly 17, no. 1 (March 1998): 33–40. http://dx.doi.org/10.1177/875687059801700106.

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The Montana Office of Public Instruction, Special Education Division, initiated its state Comprehensive System of Personnel Development (CSPD) Council 15 years ago in compliance with Public Law 94–142, The Education of All Handicapped Children Act. The state council has remained active and has become stronger from its beginning to the present time. Because of the large geography of the state and diversity of needs across the state, however, the state council was somewhat limited and fragmented in meeting personnel development needs. Consequently, the state council implemented a CSPD regionalization concept based on the five existing Developmental Disabilities Planning and Advisory Council (DDPAC) and Montana Council of Administrators of Special Education (MCASE) regions. The purpose of this article is to report on strategies and activities of regional CSPD actions in Montana. The regional model holds promise for replication as a framework of personnel development in other large rural states. This information is represented within the context of the recently enacted amendments to the Individuals with Disabilities Education Act through the provisions of Public Law 105–17.
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Chromicka, Dorota. "ZNACZENIE NOWELIZACJI USTAWY O INFORMATYZACJI DLA POSTĘPOWANIA PRZED SĄDAMI ADMINISTRACYJNYMI." Zeszyty Prawnicze 9, no. 2 (June 25, 2017): 213. http://dx.doi.org/10.21697/zp.2009.9.2.11.

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The Importance of the Projected Amendment of the Polish Act on Informatization to the Act on Administrative Court ProceedingsSummaryMost of the regulations of the polish Act on Informatization of public tasks performed by public organizations passed on 17 February 2005 came into force on 21 July 2005. After almost 4 years some institutions proved to be unsuccessful or did not work as intended. Also fast development of new technologies required amendment of the Act.On 17th June 2009 Governmental project on amendment of the Act on Informatization of pubic tasks performed by public organizations, Administrative Proceedings Code, Tax Ordinance Act and some other acts was sent to Sejm Marshall.Administrative Proceedings Code unlike the Act on Administrative Court Proceedings accepts electronic documents that are electronically signed. Pursuant to Art. 5 section 2 polish Act on Electronic Signature and Art. 78 § 2 Civil Code, qualified electronic signature equals to autograph signature. This confuses parties who have problems with understanding why their pleadings signed with qualified electronic signatures are not accepted by the administrative court. Act on Informatization does not apply on administrative courts now but the project on Amendment of the Act on Informatization passed on 8 January 2010 would oblige them to accept electronic documents in litigation. The Article presents how exactly administrative courts justify not accepting electronic documents now and how it would change when the Amendment of the Act should come into force. Apart from characterizing Supreme Administrative Court’s rulings, this article concentrates on the influence of the Amendment of the Act on Informatization over the Act on Administrative Court Proceedings.
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Haczkowska, Monika. "Mediation in proceedings involving the public finance sector entities (in the light of Art. 54a of the Public Finance Act)." Opolskie Studia Administracyjno-Prawne 17, no. 4 (January 27, 2020): 35–51. http://dx.doi.org/10.25167/osap.1884.

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The amendment to the Public Finance Act (adding Article 54a) and to the Act on the responsibility for a breach of public finance discipline of 2017, introduced the possibility of concluding a settlement regarding the disputed civil law liabilities by entities of the public finance sector. Execution of a lawful settlement will not constitute a violation of public finance discipline. Until the amendment came into force, the pursuit of claims by the public finance sector entities was possible only in court. Currently it is also possible in mediation proceedings.
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Srivastava, Praveen Ranjan, and Prajwal Eachempati. "Gauging Opinions About the Citizenship Amendment Act and NRC." Journal of Global Information Management 29, no. 5 (September 2021): 176–93. http://dx.doi.org/10.4018/jgim.20210901.oa10.

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Today, the advent of social media has provided a platform for expressing opinions regarding legislation and public schemes. One such burning legislation introduced in India is the Citizenship Amendment Act (CAA) and its impact on the National Citizenship Register (NRC) and, subsequently, on the National Population Register (NPR). This study examines and determines the opinions expressed on social media regarding the act through a Twitter analysis approach that extracts nearly 18,000 tweets during 10 days of introducing the scheme. The analysis revealed that the opinion was neutral but tended to a more negative reaction. Consequently, recommendations on improving public perception about the scheme by suitable for interpreting the Act to the public are provided in the paper.
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Ughulu, Eghoikhunu Stella, and Eunice Ijeaku Nwokike. "Trade Union amendment act 2005 and the entrenchment of industrial democracy in the Nigeria Public Service: An x-ray of the political undercurrent." Global Journal of Social Sciences 19 (October 30, 2020): 75–78. http://dx.doi.org/10.4314/gjss.v19i1.8.

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The Federal Government of Nigeria in 2005 amended some sections of the Trade Union Act referred to as “The Principal Act” 1996 to form the new Trade Union (Amendment) Act 2005. The main objective of the new Act was the entrenchment of democracy in Nigeria public service by giving workers the freedom to choose which union to belong and opportunity to form more central union organizations, thereby encouraging industrial democracy. It is on this note that this study examined the political underlying motive in enacting the new Act in relation to industrial democracy in Nigeria Public Service, the weaknesses and strength of the Act were examined. The study relied on the secondary method of data collection. The study concluded that the enactment of the Trade Union (Amendment) Act 2005 was politically motivated to give the government the much-needed space to implement certain policies and decisions that are comfortable for the government. The study then recommended that the governmentshould embark on nation-wide consultation with stakeholders to develop valid amendments in Trade Union Acts for the betterment of all and not for the exploitation of the masses. Keywords: Trade Union Amendment Act, industrial democracy and Public service.
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Bhattacharyya, Rituparna. "Criminal Law (Amendment) Act, 2013: Will it ensure women’s safety in public spaces?" Space and Culture, India 1, no. 1 (May 1, 2013): 13. http://dx.doi.org/10.20896/saci.v1i1.11.

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The horrific gang-rape and the subsequent murder of Nirbyaya (fearless) in December 2012, impelled the Government of India to pass the Criminal Law (Amendment) Act, 2013. The key aim of this article is to review this Act in the light of women’s safety in public spaces.
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7

Smyth, Daniel J. "The Original Public Meaning of Amendment in the Origination Clause Versus the Patient Protection and Affordable Care Act." British Journal of American Legal Studies 6, no. 2 (December 29, 2017): 301–61. http://dx.doi.org/10.1515/bjals-2017-0015.

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Abstract Robert Natelson recently published his article, The Founders’ Origination Clause and Implications for the Affordable Care Act, in the Harvard Journal of Law & Public Policy. This article argued the original understanding of the scope of the Senate’s power to amend the House of Representatives’ bills for raising revenue in the Origination Clause permits complete substitutes that are new bills for raising revenue, such as the Patient Protection and Affordable Care Act (PPACA). The original understanding of a constitutional word or provision is what the ratifiers of the Constitution thought was the meaning of the word or provision. When the Senate originated PPACA as an amendment to the House’s Service Members Home Ownership Tax Act of 2009, the Senate replaced the entire House bill, except for the bill’s number, with PPACA. I consider the original public meaning—not the original understanding—of a constitutional word or provision, unless unrecoverable, to be the controlling meaning of that word or provision. The original public meaning is the meaning that a “reasonable speaker of English” during the founding era would have ascribed to the word or provision. My article argues the original public meaning of amendment is clear and disallows complete substitutes. For instance, founding-era dictionaries indicate an amendment was a change or alteration to something that transformed the thing from bad to better. This definition suggests an amendment must not be a complete substitute because an amendment must preserve at least a part of the thing being amended so that there is something to transform from bad to better. My article further argues the preponderance of evidence suggests the original understanding of the scope of an amendment actually disallows complete substitutes. For example, much evidence from the Philadelphia Convention, Confederation Congress, state legislatures, and state conventions suggests the dominant view among the founders was that an amendment to the Articles of Confederation, the legal compact between 13 states enacted in 1781, could not be a complete substitute. My conclusion argues PPACA or any other such complete substitute violates the original public meaning of the scope of an amendment.
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8

Martin, Christopher. "Law and Order in Public Housing: the Residential Tenancies Amendment (Public Housing) Act 2004 (NSW)." Current Issues in Criminal Justice 16, no. 2 (November 2004): 226–32. http://dx.doi.org/10.1080/10345329.2004.12036318.

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9

Bush, Darren. "The Death of the Tunney Act at the Hands of an Activist D.C. Circuit." Antitrust Bulletin 63, no. 1 (February 12, 2018): 113–36. http://dx.doi.org/10.1177/0003603x18756146.

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The Tunney Act and its 2004 Amendment have sought to eliminate judicial rubber-stamping of antitrust consent decrees. Congress sought to assure meaningful judicial review of consent decrees to assure they were in the public interest. The caselaw in the D.C. Circuit undermines the purpose, intent, and plain meaning of the Tunney Act by arguing that such review would present separation of powers issues, an argument at best disingenuous in light of other settlements readily rejected within the Circuit. The Article commences with a review of the legislative history of the original Tunney Act. The article next examines the D.C. Circuit cases against that the drafters of the Amendment to the Tunney Act are rebelling. This legislative history is highlighted and extended in the legislative history of the 2004 TunneyAct Amendment. The article next describes how D.C. district courts uniformly ignore and dismiss the Congressional intent behind the 2004 Amendment under the auspices of prosecutorial discretion. Finally, the Article tackles the (false) problem of separation of powers the D.C. Circuit case law presents and proposes a solution to this deadlock that is true to the original intent of the Tunney Act.
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Nodżak, Agata. "ABOUT A BLACK SWANS, E-ADMINISTRATION AND EUROPEAN FUNDS – REALIZATION OF PUBLIC TASKS IN THE PERIOD OF THE EPIDEMIC EMERGENCY." Roczniki Administracji i Prawa 3, no. XX (September 30, 2020): 255–73. http://dx.doi.org/10.5604/01.3001.0014.4274.

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The article contains an analysis of selected provisions of the Act on enforcement proceedings in administration after the amendment in 2019. Administrative enforcement proceedings and administrative enforcement that is an integral part thereof are a type of procedures that should follow certain general principles. These principles were formulated by the legislator, as well as legal solutions that were to be an expression of their implementation. According to the author, the amendment to the Act on enforcement proceedings in administration of 2019 has significantly changed the course of enforcement proceedings, resulting in a new model for shaping this administrative procedure.
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Woodward, Alistair, Lyn Roberts, and Christopher Reynolds. "THE NANNY STATE STRIKES BACK: THE SOUTH AUSTRALIAN TOBACCO PRODUCTS CONTROL ACT AMENDMENT ACT, 1988." Community Health Studies 13, no. 4 (March 26, 2010): 403–9. http://dx.doi.org/10.1111/j.1753-6405.1989.tb00698.x.

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12

Krykun, V. V. "Objective Features of Administrative Offenses under the Article 443 of the Code of Ukraine on Administrative Offenses and Their Impact on the Scope of Powers of the National Police of Ukraine." Bulletin of Kharkiv National University of Internal Affairs 89, no. 2 (June 26, 2020): 153–63. http://dx.doi.org/10.32631/v.2020.2.15.

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The author of the article has stipulates that public relations in the field of labor protection and public health are the generic object of an administrative offense under the Art. 443 of the Code of Ukraine on Administrative Offenses. The legislator has formed a generic object out of two relatively independent parts: 1) public relations on labor protection and 2) public relations on public health. The direct object of an administrative offense under the Art. 433 of the Code of Ukraine on Administrative Offenses can be defined as public relations to protect the population from infectious diseases and ensuring its sanitary and epidemic well-being. The author has established the content of a socially dangerous act, which stipulates administrative liability under the Art. 433 of the Code of Ukraine on Administrative Offenses: 1) violation of the rules provided by the Resolution of the Cabinet of Ministers of Ukraine “On the prevention of the spread of an acute respiratory disease COVID-19 caused by the corona virus SARS-CoV-2 on the territory of Ukraine” dated from March 11, 2020 No. 211; 2) violation of the requirements of regulatory acts (orders, instructions, rules, regulations, etc.) of the Ministry of Health, which establish sanitary-hygienic and sanitary-anti-epidemic rules. The author has established the competition of norms of the Art. 42 of the Code of Ukraine on Administrative Offenses and the Art. 433 of the Code of Ukraine on Administrative Offenses according to the object and socially dangerous act; the author has suggested legislative amendments related to the elimination of the specified collision by the disapplication of the Art. 42 of the Code of Ukraine on Administrative Offenses. In the course of the research of objective features of administrative offenses provided by the Art. 433 of the Code of Ukraine on Administrative Offenses, the author has substantiated the need and has provided propositions for legislative amendments to delimit the powers of the National Police of Ukraine, the Ministry of Health of Ukraine, the State Service of Ukraine for Food Safety and Consumer Protection, and local self-government agencies in Ukraine in the sphere of counteracting violations of sequestration rules, sanitary and hygienic, sanitary and anti-epidemic rules and norms.
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Stevens, Philip. "RECENT DEVELOPMENTS IN SEXUAL OFFENCES AGAINST CHILDREN – A CONSTITUTIONAL PERSPECTIVE." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 19 (May 26, 2016): 1. http://dx.doi.org/10.17159/1727-3781/2016/v19i0a724.

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This contribution deals with recent developments in sexual offences against children with reference to sections in the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. The latter is addressed against the backdrop of the Constitutional Court judgments in Teddybear Clinic for Abused Children and Another v Minister of Justice and Constitutional Development and Another 2014 (1) SACR) 327 (CC) and J v National Director of Public Prosecutions 2014 (2) SACR (CC). These two judgments had a profound impact in terms of shaping newly formulated sexual offences in line with constitutional principles ultimately culminating in the enactment and commencement of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 5 of 2015. The approach by the Constitutional Court in both of the abovementioned judgments is discussed and assessed. An analysis is provided of the Amendment Act with specific reference to its impact on sexual offences against children.
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14

Field, Stewart, and Pauline Roberts. "Racism and police investigations: individual redress, public interests and collective change after the Race Relations (Amendment) Act 2000." Legal Studies 22, no. 4 (November 2002): 493–526. http://dx.doi.org/10.1111/j.1748-121x.2002.tb00666.x.

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This paper considers the impact of the Race Relations (Amendment) Act 2000. It focuses on the kind of situation presented by the Stephen Lawrence murder investigation where racist stereotypes and assumptions infect both police inquiries into serious violent crime and the treatment of victims or their families. It first demonstrates the limited scope of individual redress available prior to the Act in such situations (examining police complaints mechanisms, private prosecutions, misfeasance in public office, judicial review and negligence). It links limitations in the scope of individual redress to a traditional priority accorded to public interests. The Race Relations (Amendment) Act 2000 gives individuals a general right to sue the police for racial discrimination in investigations. It is argued that a similar right probably now exists – at least in the context of life-threatening violence – under the Human Rights Act 1998. These developments seem to signal a shift in the balance between individual rights and the limiting claims of public interests. But the singularity of the 2000 Act is that, in introducing the mechanisms and logic of anti-discrimination law into the criminal process, it creates the potential for a more interactive relationship between individual complaint and the public interest in the collective promotion of change.
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Arnold, N. Scott. "THE ENDANGERED SPECIES ACT, REGULATORY TAKINGS, AND PUBLIC GOODS." Social Philosophy and Policy 26, no. 2 (June 24, 2009): 353–77. http://dx.doi.org/10.1017/s026505250909027x.

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The Endangered Species Act (ESA) can impose significant limitations on what landowners may do with their property, especially as it pertains to development. These restrictions imposed by the ESA are part of a larger controversy about the reach of the “Takings Clause” of the Fifth Amendment, which says that private property shall not be taken for public use without just compensation. The question this paper addresses is whether these restrictions require compensation. The paper develops a position on the general question of compensation for regulatory takings and applies it to the ESA. The main argument concludes that compensation should be paid. It is based on the proposition that the goods provided by regulatory takings are typically public goods, and on a principle of fairness, which holds that compensation should be paid when those who benefit from a regulatory taking pay virtually nothing and those who pay receive hardly any benefit. It is argued that this principle is implicit in many of the Court's rulings on regulatory takings.
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16

Dubey, Yash. "Analysis of Public Policy and Enforcement of Domestic and Foreign Arbitral Awards in India." Christ University Law Journal 7, no. 2 (July 1, 2018): 63–82. http://dx.doi.org/10.12728/culj.13.4.

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The Public Policy doctrine is an unruly horse in India, when it comes to the enforcement of domestic and foreign awards. The main objective behind choosing this topic was to shed light on how public policy has been used by the losing party, in delaying the enforcement of arbitral award, which hampers the whole objective of arbitration. Though one may argue that the 2015 Amendment Act has settled all the controversies regarding public policy and enforcement of arbitral award, the author is of the opinion that there are still some areas that are left unexplored by the Arbitration Amendment Act. The paper primarily focuses on the changing trend of public policy with respect to arbitration in India. In addition, the author has compared the doctrine of public policy in India with that of countries such as France, Russia, United Kingdom and U.SA. The most important contribution of this research paper is that it analyses the validity of patent illegality in domestic arbitration.
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17

Low, Remy. "Secularism, race, religion and the Public Instruction Act of 1880 in NSW." History of Education Review 48, no. 2 (September 26, 2019): 171–82. http://dx.doi.org/10.1108/her-07-2018-0019.

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PurposeThrough a political genealogy, the purpose of this paper is to demonstrate how the institutionalisation of the so-called “secular principle” in NSW state schools in the late-nineteenth century, which is commonly assumed to be a historical moment when religious neutrality was enshrined in public education, was overdetermined by the politics of racialisation and ethno-nationalism.Design/methodology/approachThe historiographical method used here is labelled “political genealogy”. This approach foregrounds how every social order and norm is contingent on political struggles that have shaped its form over time. This includes foregrounding the acts of exclusion that constitute any social order and norm.FindingsThe secular principle institutionalised in the NSW Public Instruction Act of 1880, far from being the “neutral” solution to sectarian conflict, was in fact a product of anti-Catholic sentiment fuelled by the racialisation of Irish Catholicism and ethno-nationalist anxieties about its presence in the colony.Originality/valueThis paper makes clear that “the secular” in secular schooling is neither a product of historical and moral “progress” from a more “primitive” state to a more progressive one, nor a principle of neutrality that stands outside of particular historical and political relations of power. Thus, it encourages a more pragmatic and supple understanding of “the secular” in education. It also invites both advocates and critics of secular education to adapt their arguments based on changing historical circumstances, and to justify the exclusions that such arguments imply without recourse to transcendent principles.
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Frater, Charlotte. "Detention of Refugees in New Zealand Law: Striking a Balance Between Refugee Rights and National Security." Victoria University of Wellington Law Review 34, no. 4 (November 3, 2003): 665. http://dx.doi.org/10.26686/vuwlr.v34i4.5765.

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In this paper the author examines New Zealand's international obligations regarding the detention of Refugees and how these are implemented domestically. Article 31 of the Refugee Convention 1951 states that their detention is only permissible where necessary, and related documents outline these circumstances. The Convention contains an appropriate balance between the special needs of refugees and respect for national security, which unfortunately is not always present in our domestic legislation.Section 128(5) of the Immigration Act 1987 allows refugees to be detained. However, this is subject to the requirements of the Convention due to section 129X(2) of the Act. The Court of Appeal in the Refugee Council case1 decided that an operational instruction issued after September 11, and coinciding with a significant increase in the numbers detained, was not unlawful. The author argues that the balance has swung too far in favour of national security, but concedes that the Immigration Amendment Act 2002 has gone some way to rectify the situation by providing conditional release procedures.
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Yang, Chung-Cheng, Jianxiong Chen, and Wen-Chi Yang. "The Impact of the Amendment of Taiwan’s Certified Public Accountant Act in 2007 on Large Accounting Firms." Sustainability 13, no. 3 (January 25, 2021): 1229. http://dx.doi.org/10.3390/su13031229.

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Taiwan’s Financial Supervisory Commission of the Executive Yuan promulgated the fully amended Certified Public Accountant Act in 2007, which directly led to significant changes in accounting law. From the perspective of the economic theory of law, this study investigates the amendment of the Certified Public Accountant Act resulting in an increase or decrease in the overall revenue and different revenue shares of accounting firms, and puts forward measures that should be taken by accounting firms and stakeholders. We focus on large accounting firms and divide the sample period into before and after 2008. This study uses the translog revenue function and revenue share functions of the public accounting industry, and based on the 1989–2017 Survey Report of Audit Firms in Taiwan, and we find that the amendment of the Certified Public Accountant Act has had a positive effect on overall revenue, increasing overall revenue and the overall management advisory services shares, and in reducing the overall accounting and auditing shares and tax services shares of large accounting firms. Additional analyses provide regulators with public policy implications and provide accounting firms with managerial information.
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Peráček, T., F. Vojtech, M. Srebalová, B. Pekár, B. Mikušová-Meričková, and M. Horvat. "Restriction on the re-export of medicinal products and the supervision of compliance with it by public administration bodies." European Pharmaceutical Journal 65, no. 1 (June 1, 2018): 24–30. http://dx.doi.org/10.1515/afpuc-2017-0009.

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Abstract After years of mainly expert discussions (not only in the Slovak legal environment), the concept of and legislation on re-export offer a sort of solution provided for in the Act no. 306/2016 Coll. Said act amends the key legislation in this field, namely the Act no. 362/2011 Coll. on Medicinal Products and Medical Devices and on the amendment of certain acts, as amended (hereinafter referred to as the “Act on Medicinal Products”) and the Act no. 363/2011 Coll. on the Scope and Conditions of Payments for Medicinal Products, Medical Devices and Dietetic Foods from Public Health Insurance and on the amendment of certain acts, as amended (hereinafter referred to as the “Act on Payments”). The topic of the paper belongs in the area of medicinal products and pharmaceutical services, it offers, however, significant overlaps in the area of the constitutional, administrative and European law and is aimed at multidisciplinary research into the issue of the reverse export (re-export) of medicinal products. Besides these laws, also the Constitution of the Slovak Republic (“SR”) and the sources of the European Law have to be taken into account in relation to the subject in question. The main aim of legislation in this area of law was restriction on the re-export of selected products and protection of patients from adverse impacts of such business activity. The aim of the paper is the authors’ effort to analyse the issue of the re-export of medicinal products within the context of the adopted Act no. 306/2016 Coll., whose legislative solution is inevitable for the protection of life and health of the population of the Slovak Republic.
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Wyld, David C. "Bessard v. California Community Colleges and the Religious Freedom Restoration Act: Implications for Public Administration." Public Personnel Management 26, no. 2 (June 1997): 273–88. http://dx.doi.org/10.1177/009102609702600208.

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This article examines the Religious Freedom Restoration Act (RFRA) and the first case in the employment setting decided under it, Bessard v. California Community Colleges. After exploring the judicial and legislative heritage of the RFRA and its relationship to the free exercise clause of the First Amendment, the facts and decision in the Bessard case are analyzed. The implications of the RFRA and the Bessard case are then detailed.
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Edlund, Hannah. "An analysis of American public libraries’ policies on patron use of Internet pornography." Open Information Science 4, no. 1 (May 16, 2020): 58–74. http://dx.doi.org/10.1515/opis-2020-0005.

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AbstractDrawing on and expanding previous graduate course research, this paper investigated and analyzed public libraries’ policies regarding patron use of legal, visual Internet pornography on public computers. Pornographic imagery that falls within legal boundaries is protected by the First Amendment. Incidents of, and library responses to, pornography viewing are not a new issue and have caused turmoil across the field of library and information science. In an attempt to understand the problem, the research question asks: how do public libraries respond to patrons viewing legal Internet pornography, while upholding First Amendment rights as well as the Children’s Internet Protection Act (CIPA) and other legal requirements? Libraries tread a fine line to protect First Amendment rights, respect community laws, and uphold CIPA. Research indicated that responding to Internet pornography use in public libraries is heavily dependent on individual, community and library values. Policies are more likely to prohibit patrons from accessing Internet pornography, and most libraries have at least some Internet filtering software restricting what content may be accessed on public use computers. However, evidence also suggests that regardless of policy or filters, library staff will at some point encounter a patron accessing Internet pornography.
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Lawson, Anton E. "SCIENCE CURRICULA IN THE PUBLIC SCHOOLS: PRIMARY AND SECONDARY." HortScience 25, no. 9 (September 1990): 1182c—1182. http://dx.doi.org/10.21273/hortsci.25.9.1182c.

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According to recent surveys 80% of the primary, 90% of intermediate grade teachers, and 50% of all teachers base their instruction upon a single textbook; almost all questions arise from information in the textbook and most center on terminology; the common pattern of science instruction is assign, recite, test, and discuss the test, all based upon the textbook. The result of such instruction is that students demonstrate poor science achievement (both in terms of discipline specific knowledge and in terms of an ability to think and act in a scientific way) and poor attitudes towards science. In contrast, a number of excellent science K-12 programs have been developed in this country during the past 10-20 years and when used properly, achievement and attitude gains are considerable. Regrettably our system of district level control makes implementation of these superior programs difficult.
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Safi’, Safi’. "JUDICIAL REVIEW SEBAGAI SARANA PERLINDUNGAN HAK-HAK ASASI WARGA NEGARA." DiH: Jurnal Ilmu Hukum 11, no. 22 (February 1, 2015): 170–81. http://dx.doi.org/10.30996/dih.v11i22.2237.

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Observing the development of public acceptance of the substance of the laws that were generated in recent time, the right of judicial review of an option that can not be avoided for the 'correct' errors that might occur in a legal product to guarantee the protection of constitutional rights of citizens. The tendency in this direction can be seen from the desire of some community groups to apply for judicial review and claim that they are legal products containing controversial value both to the Supreme Court nor the Constitutional Court. If prior to the amendment of the 1945 Constitution, laws and regulations that can be petitioned for review of material just under the Act against the Constitution, but after the 1945 amendment, the legislation level as the Act was that the Act and also Perpu material can be petitioned for review to the Constitutional Court.
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Marek, Karel. "Jak se upřesňuje zákon o veřejných zakázkách část 2." Forenzní vědy, právo, kriminalistika 6, no. 1 (May 2021): 34–52. http://dx.doi.org/10.37355/vpk-2021/1-03.

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In the recent past, we discussed the legal regulation of public procurement in the Czech Republic. As an amendment to the Act on Procurement the European Commission. By submitting a draft amandment to the Act, Czech republic will fulfill the task of the European Commision. Minor adjustments may be made to the legislative process. However, today ́s treatise can contribute to the preparation of the addresses of the regulation (including the preparation of their internal regulations and procedures).
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Dolecek, Therese A., Emily Van Meter Dressler, Jigisha P. Thakkar, Meng Liu, Abeer Al-Qaisi, and John L. Villano. "Epidemiology of meningiomas post-Public Law 107-206: The Benign Brain Tumor Cancer Registries Amendment Act." Cancer 121, no. 14 (April 14, 2015): 2400–2410. http://dx.doi.org/10.1002/cncr.29379.

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Saxena, K. B. "Legislature Proposes, Judiciary Disposes: Supreme Court’s Ruling on the Atrocities Act." Social Change 48, no. 2 (June 2018): 275–82. http://dx.doi.org/10.1177/0049085718775369.

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The increasing ferocity and frequency of violence against Scheduled Castes (SCs) and Scheduled Tribes (STs) led to the enactment of the SCs/STs (Prevention of Atrocities) Act 1989. The law now forbade the practice of untouchability thus protecting marginalised communities against all forms of social injustice and exploitation. However, the ensuing years revealed many deficiencies in the Act and its enforcement leading to a demand to strengthen it. Subsequently, the SCs and STs Amendment Ordinance was issued in March 2014, followed by the enactment of the SCs and STs (Prevention of Atrocities) Amendment Act 2015 that came into force in January 2016. However, barely two years later, the Supreme Court, proceeding on the assumption that there was rampant abuse of the law by SCs/STs struck a crippling blow to the legislation. In oder to protect public servants from being falsely implicated in cases under the Act, the Supreme Court, in a recent ruling (Dr Subhash K. Mahajan vs. State of Maharashtra) introduced procedural safeguards of such a fundamental nature that the law has been virtually rewritten and will profoundly impact the dalit’s fight for social equality and justice.
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Odrowąż-Sypniewski, Wojciech. "Wykładnia pojęcia „ustawa podatkowa” (art. 37 ust. 2 regulaminu Sejmu)." Zeszyty Prawnicze Biura Analiz Sejmowych 2, no. 70 (2021): 85–98. http://dx.doi.org/10.31268/zpbas.2021.23.

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The term “tax act” is used in the Standing Orders of the Sejm in the substantive sense and refers to a public levy having the features of a tax, i.e. a pecuniary, compulsory, non-returnable and nonequivalent payment imposed by law and constituting budgetary revenue of the State Treasury or local government units of general purpose. The author points out that it is irrelevant for the qualification of a bill as a “tax bill” what name the bill uses to denote a public levy, if it bears the features of a tax. The title of a tax bill also refers to the bill that repeals or modifies the scope of a tax obligation or its elements. The author concludes that any tax act amendment bill meets the characteristics of the term “tax act”, and the scope of the term “tax act” does not include public tributes other than taxes.
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Crockett, Jean B. "Legal Aspects of Teaching Music Students with Disabilities." Music Educators Journal 104, no. 2 (December 2017): 45–50. http://dx.doi.org/10.1177/0027432117712802.

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The public education of students with disabilities in the United States is governed by federal policies that promote school improvement, protect students from discrimination, and provide those who need it with special education and related services to meet their individual needs. This article explains the legal aspects of teaching students with disabilities in the context of music education. Topics address promoting student achievement through the Every Student Succeeds Act, protecting individual access to the music curriculum under Section 504 and the Americans with Disabilities Act, and providing music instruction to special education students under the Individuals with Disabilities Education Act. Guidelines are provided for making music instruction for students with disabilities both legally correct and educationally meaningful.
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Nofita S, Putri Nofita S., Munsharif Abdul Chalim, and Setyawati Setyawati. "Legal Protection Against Substitute Notary in Semarang Based on Act No. 2 of 2014 Amendment Act No. 30 of 2004 concerning Notary." Jurnal Akta 7, no. 2 (August 15, 2020): 195. http://dx.doi.org/10.30659/akta.v7i2.7901.

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The purpose of this study are to: 1) to identify and analyze the implementation of the legal protection of Substitute Notary in Semarang based on Act No. 2 of 2014 amendments to the Act No. 30 Of 2004 on Notary. 2) to identify and analyze the constraints and solutions on the legal protection of Substitute Notary in Semarang based on Act No. 2 of 2014 amendments to the Act No. 30 Of 2004 on Notary.Based on the results of data analysis concluded that: 1) the implementation of the legal protection of Substitute Notary in Semarang based on Act No. 2 of 2014 amendments to the Act No. 30 of 2004 concerning Notary, that the authority and obligation Substitute Notary has the same status as Notary Public. Substitute Notary Public Notary and is common in performing official duties stipulated by the Act. 2) Obstacles and solutions on the legal protection of Substitute Notary in Semarang based on Act No. 2 of 2014 amendments to the Act No. 30 of 2004 concerning Notary, Professional Notary protected by the Honorary Council of Notaries that served to protect the profession Notary not Notary personal, Notary Honorary Council oversees only ethical behavior Substitute Notary Public Notary and regulated in UUJN, Perkemenkumham and Notary Code of Ethics, and preferably Substitute Notary must always adheres to the rule of law that is UUJN, Perkemenkumham and Notary Code. If all rules are fulfilled, Substitute Notary will be free from claims filed her form.Keywords: Legal Protection; Substitute Notar; UUJN.
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Munir, Bakht, Ali Nawaz Khan, and Naveed Ahmed. "An Assessment of Right to Fair Trial Under the Constitution of Pakistan, 1973: A Comparative Study of the US and Pakistan." Global Strategic & Securities Studies Review V, no. IV (December 30, 2020): 31–39. http://dx.doi.org/10.31703/gsssr.2020(v-iv).04.

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Right to fair trial is considered as the basic right affirmed by Islam and recognised by different international documents i.e., ICCPR, UDHR, etc. In Pakistan, the notion of fair trial has been incorporated through Article 10-A through 18th constitutional amendment. The two amendments were made in the US Constitution in 18th and 19th century i.e., 6th and 14th amendments which safeguards right to speedy trial, impartial jury, public trial and equal protection of law. The Investigation for Fair Trial Act, 2013, permits the use of new methods in collection of evidence and also bridles arbitrary powers from being used. However, being dissimilar to the essence of the Constitution, 21st Amendment was made to adopt Pakistan Army Act, 2015 in order to control the extremism. The key purpose of the article is to assess how far the efforts for the enforcement of right to fair trial in Pakistan are sufficient?
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Underwood, Julie. "Under the Law." Phi Delta Kappan 99, no. 3 (October 23, 2017): 76–77. http://dx.doi.org/10.1177/0031721717739602.

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Since a 1997 amendment to the Individuals with Disabilities Education Act, students with disabilities who attend private schools have not had the same rights to services and due process that are afforded to those who attend public schools. However, as a recent Minnesota court decision makes clear, state law may grant rights that the federal regulations do not.
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Adler, Libby. "California's Holocaust Victim Insurance Relief Act and American Preemption Doctrine." German Law Journal 4, no. 11 (November 1, 2003): 1193–205. http://dx.doi.org/10.1017/s2071832200012049.

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On the same day that the United States Supreme Court handed down its much anticipated decisions on affirmative action in higher education, holding that the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution permits a degree of race-consciousness in public university admissions, it also issued a far less heralded decision with implications for the ability of the states to address historical injustice. In American Insurance Association v. Garamendi (Garamendi), five members of the Court, led by Justice Souter, found that California's Holocaust Victim Insurance Relief Act of 1999 (HVIRA) “interferes with the National Government's conduct of foreign relations” and is therefore preempted.
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Gummer, Kendal. "Subrogation in the Rear-View: Evaluating Alberta's Current Approach to Automobile Liability Insurance for Impaired Drivers." Alberta Law Review 51, no. 3 (May 11, 2014): 601. http://dx.doi.org/10.29173/alr50.

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In Alberta, automobile insurers are required to indemnify an insured up to policy limits for injury or property damage to third parties for which the insured is liable. Prior to 1 June 1982, insurers could demand reimbursement for third party liability payments if the insured driver caused loss while under the influence of drugs or alcohol. However, the Insurance Amendment Act removed the right of insurers to recover these sums. This article evaluates this amendment by considering its impact on the public policy objectives ordinarily associated with subrogation, and argues that, compared to the previous approach, Alberta’s current system of third party liability coverage better serves the objectives of subrogation.
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Van der Merwe, Hermanus J. "The Prosecution of Incitement to Genocide in South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 5 (May 17, 2017): 327. http://dx.doi.org/10.17159/1727-3781/2013/v16i5a2436.

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The inchoate crime of direct and public incitement to commit genocide was first recognised under the Convention on the Prevention and Punishment of the Crime of Genocide (1948). The creation of the crime was a direct result of the horrific effects of acts of incitement before and during the Second World War. Today the crime is firmly established under international law and is also criminalised in many domestic legal systems. History shows that incitement to crime and violence against a specific group is a precursor to and catalyst for acts of genocide. Consequently, the goal of prevention lies at the core of the prohibition of direct and public incitement to genocide. However, it may be said that this preventative objective has thus far been undermined by a general lack of prosecutions of the crime, especially at the domestic level. This prosecutorial void is rather conspicuous in the light of the new vision of international criminal justice under which domestic legal systems (including that of South Africa) bear the primary responsibility for the enforcement of the law of the Rome Statute of the International Criminal Court (Rome Statute), which in Article 25(3)(e) includes the crime of direct and public incitement to commit genocide. This article provides a brief historical and teleological overview of the crime of direct and public incitement to commit genocide under international law, as well as the definitional elements thereof as interpreted and applied by the International Criminal Tribunal for Rwanda (ICTR). Thereafter it examines the criminalisation of incitement to genocide in contemporary South African law in order to assess South Africa’s capacity to prosecute incitement to genocide at the domestic level. In this regard there are, in theory, various 'legal avenues' for the prosecution of incitement to commit genocide in South Africa, namely: as a crime under the Riotous Assemblies Act 17 of 1956; as a crime under the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002 (the ICC Act); or as a crime under customary international law pursuant to section 232 of the Constitution of the Republic of South Africa, 1996. The article reflects critically on the viability of prosecuting incitement to genocide in terms of each of these alternatives. The article highlights a number of practical and legal problems as regards the prosecution of incitement to commit genocide under the Riotous Assemblies Act as well as under customary international law. It is argued that the prosecution of incitement to genocide in terms of the ICC Act is preferable, as this would respond directly to an international consensus as regards the unique and egregious nature of genocide by providing for a limited form of extraterritorial criminal jurisdiction. Prosecution under the ICC Act would also reflect the objectives of the Rome Statute pursuant to which South Africa has certain international legal obligations. However, it is submitted that legislative amendment of the ICC Act is needed, since the crime is not explicitly provided for thereby at present. It is submitted that the legislative amendment must provide for the distinct crime of direct and public incitement to genocide in terms of South African criminal law. Such an amendment will remove the existing legal obstacles to the domestic prosecution of incitement to genocide and enable effective prosecution thereof at the domestic level. The proposed amendment will have the effect of strengthening the alignment between South African law and the objectives of the Rome Statute and may have preventative benefits in the long run.
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36

Gurdek, Magdalena. "REFERENDUM REGARDING THE MAYOR’S APPEAL IN CONNECTION WITH THE FAILURE TO GIVE HIM A VOTE OF CONFIDENCE IN THE CONTEXT OF ART. 67 OF THE ACT ON THE LOCAL REFERENDUM." Roczniki Administracji i Prawa 2, no. XVIII (December 30, 2018): 95–107. http://dx.doi.org/10.5604/01.3001.0013.1772.

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The legislator amended the act of January 11, 2018 on the amendment of certain acts to increase the participation of citizens in the process of selecting, functioning and controlling certain public bodies in the added art. 28aa of the Local Government act, a new procedure for the commune council to initiate a referendum on the appeal of the commune head due to failure to grant him confidence in two subsequent years. In this study the author analyzes the effects of the (valid) referendum carried out in the context of art. 67 of the act on the local referendum. Legislator, by introducing new solutions under the Local Government act, did not make any changes to the act on the local referendum, which raises some doubts as to the effects of such a referendum.
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37

Zirkel, Perry A. "Court Decisions Specific to Public School Responses to Student Concussions." Physical Disabilities: Education and Related Services 35, no. 1 (May 6, 2016): 1–16. http://dx.doi.org/10.14434/pders.v35i1.20696.

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This article provides an up-to-date and comprehensive canvassing of the judicial case law concerning the responses to students with concussions in the public school context. The two categories of court decisions are (a) those concerning continued participation in interscholastic athletics, referred to under the rubric of "return to play” and (b) those concerning the legal obligations in facilitating the continued educational progress of the student, referred to under the rubric of "return to school." The case law in the first category primarily addresses state common law claims of negligence and federal constitutional claims under the Fourteenth Amendment due process clause. The court decisions in the second category primarily address the successive issues of child find, eligibility, and "free appropriate public education" (including but not necessarily limited to accommodations) under Section 504 of the Rehabilitation Act and the Individuals with Disabilities Education Act. The outcomes of the court decisions thus far have been largely in favor of the district defendants, but the case law is far from crystallized and complete.
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38

Temme, Hanna R., and Paige J. Novak. "Diverse dechlorinators and dechlorination genes enriched through amendment of chlorinated natural organic matter fractions." Environmental Science: Processes & Impacts 22, no. 3 (2020): 595–605. http://dx.doi.org/10.1039/c9em00499h.

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39

Begum, Afroza. "Corruption in business." Journal of Financial Crime 27, no. 3 (April 20, 2020): 735–54. http://dx.doi.org/10.1108/jfc-02-2020-0018.

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Purpose This paper aims to critically analyse the Criminal Code Amendment (Bribery of Foreign Public Officials) Act 1999 and Crimes Legislation Amendment (Combating Corporate Crime) Bill 2017 with special focus on the facilitation payment (FP) defence by referring to the UK Bribery Act 2010. The study will showcase how FP promotes disrespect for a good corporate culture inevitable for responsible and sustained business and as to why FP must be abolished to make the Australian regulation consistent with the international standards. Design/methodology/approach This research is based on primary and secondary sources including the Senate Committee Reports and recent legislative developments in Australia, and the relevant law of the UK. Findings Australia is lagging far behind comparative jurisdictions including the UK, and the FP defence must be abolished to make the Australian regulation consistent with the international standards and to foster international business backed up by globalisation, competition and interconnectedness of national economies. Originality/value This paper is the original work of the author and has not been submitted elsewhere for publication.
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40

Boire, Richard Glen. "Accommodating Religious Users of Controlled Substances: A Model Amendment to the Controlled Substances Act." Journal of Drug Issues 24, no. 3 (July 1994): 463–81. http://dx.doi.org/10.1177/002204269402400307.

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The relationship between religious experience and alternative states of consciousness is as old as humanity itself. From time immemorial, visionary states have been entered through the ritual use of mind-changing substances. Despite the uncontrovertedfact that particular substances have been used for thousands of years to achieve religious experiences and insights, the federal drug laws fail to accommodate religiously motivated users. The purpose of this article is to present a model from which such a nonsectarian accommodation may be developed, while retaining the federal scheme for the strict control of drugs.
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41

Akiyoshi, Mito. "Sociological research on information and communication technologies in Japan." International Sociology 36, no. 2 (March 2021): 302–13. http://dx.doi.org/10.1177/02685809211005374.

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This review of the Japanese sociological literature on information and communication technologies showcases some of the best studies in the field published in Japan since 2005. It provides an overview with a special focus on the internet, the computer, the mobile phone and other devices, and social media. Two events during the period covered in this review spurred research on public consequences: the East Japan Earthquake of 2011 and the 2013 Amendment of Public Offices Election Act. Long-term structural issues such as inequalities of various kinds and labor relations also influence researchers’ interests.
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42

Golat, Rafał. "AMENDMENTS TO THE ACT ON MUSEUMS." Muzealnictwo 59 (April 16, 2018): 34–38. http://dx.doi.org/10.5604/01.3001.0011.7614.

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The Act of 21 November 1996 on museums, which has been in force for over 20 years (Journal of Laws of 2017, item 972, as amended), has been amended dozen or more times. Seven of these amendments entered into force in the last two years (2016–2017). They were to a large extent of adjustment character, and concerned inter alia the competence requirements for museum professionals (Journal of Laws of 2017, item 60), removals of museum exhibits from museum inventory (Journal of Laws of 2016, item 1330, and of 2017, item 1086) and the Council of Museums being replaced by the Council of Museums and Memorial Sites (Journal of Laws of 2016, item 749). Amendments concerning the admission charges in museums were of systemic character (Journal of Laws of 2017, item 132) as well as the restitution amendments introduced in Article 57 of the Act of 25 May 2017 on restitution of the national cultural goods, including a new penal provision added to the Act on museums (Art. 34.a in a new chapter 5.a – Journal of Laws of 2017, item 1086). Apart from amendments described in this article, others ought to be mentioned – related to an informative aspect. In this context, the amendments to the Act on museums being in force since 16 June 2016, provided for in Article 29 of the Act of 25 February 2016 on the re-use of public sector information (Journal of Laws of 2016, item 352, as amended) are of great significance. References to this Act can be found in section 4 of Art. 25 and section 4 of Art. 25.a of the Act on museums, added by this amendment, which regulate introducing and charging fees for museum exhibits being prepared and made accessible for different from usual purposes, and for permitting to use their images. Article 31.a of the Act on museums added by this amendment has been repealed by the Art. 34 of the Act of 10 June 2016 on delegating customer services to employees (Journal of Laws of 2017, item 132). The latter Act added Article 30.a of the Act on museums, related in its contents to this regulation. It states that the access to information for safeguarding museum exhibits is limited for the sake of protection from fire, theft and other type of danger which could bring damage or loss of the museum collection.
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43

Callaghan, Timothy, Andrew Karch, and Mary Kroeger. "Model State Legislation and Intergovernmental Tensions over the Affordable Care Act, Common Core, and the Second Amendment." Publius: The Journal of Federalism 50, no. 3 (2020): 518–39. http://dx.doi.org/10.1093/publius/pjaa012.

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Abstract The safeguards of federalism provide state officials with several tools as they try to influence national policy and protect their interests. State legislative challenges to the national government have been widespread recently, yet little is known about their origins. Are they derived from model legislation provided by interest groups, the result of state-to-state emulation, or developed independently by individual states? This article uses plagiarism detection software to offer a preliminary answer to this question. Our analysis suggests that state officials only occasionally rely on model legislation in drafting resistance measures. It also identifies variation across issues. External sources seem to have the greatest impact on legislation resisting gun control, a more modest influence on challenges to the Affordable Care Act, and a minimal effect on state-level responses to Common Core. The article further analyzes these dynamics by examining specific examples of textual overlap among resistance bills in each issue area.
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Fallon, Gerald, and Jerald Paquette. "Introducing a Market Element into the Funding Mechanism of Public Education in British Columbia: A critical policy analysis of the School Amendment Act, 2002." Articles 44, no. 2 (February 2, 2010): 143–62. http://dx.doi.org/10.7202/039029ar.

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Abstract This policy study explores origins of part 6.1 of Bill 34 (School Amendment Act, 2002) and its impacts on the institutional behaviour of two public school districts in British Columbia. Part 6.1 permits school districts to raise funds through for-profit school district business companies (SDBC). The analysis found several consequences of the policy: lack of accountability of SDBCs, increased fiscal inequity among school districts, and greater responsiveness of school districts to the needs of a globally rather than locally situated community of students.
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45

Hardityo, Angga, Amin Purnawan, and Setyawati Setyawati. "Juridical Analysis QR Code Inclusion in Deed Seen From Act No. 2 of 2014 on the Amendment of Act No. 30 of 2004 about Notary." Jurnal Akta 6, no. 2 (August 16, 2019): 297. http://dx.doi.org/10.30659/akta.v6i2.5014.

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A public official authorized to make an authentic deed regarding all actions, agreements and statutes that required by regulation or desired by the public interest that is expressed in an authentic deed is a Notary. The competent authorities have the duty and obligation to provide legal certainty on a whim deeds poured in the form of Deed. The times and the modern era such as the present need for security in the Deed to prevent counterfeiting deed, which one of them by using the QR Code in the Deed. Prudence needs to be done by a Notary Public, including keeping the deed of forgery measures. The safeguard measures need to take into account the provisions of legislation, as noted in UUJN Article 38 Paragraph (1) that: "each certificate shall consist of: a. Early Head Deed or Deed, b. Deed Agency, c. Closing the end Deed or Deed. This study aims to: 1) identify and analyze about the inclusion of the QR Code on the terms of the Deed Act No. 2 of 2014 on the change of Act No. 30 of 2004 concerning Notary; and 2) determine the position of Deed which included the QR Code on the deed by Act No. 2 of 2014 on the change of Act No. 30 of 2004 concerning Notary.Keywords: Analysis of Juridical; QR Code; Deed; Notary Law.
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Van Reusen, Anthony K., and Candace S. Bos. "Facilitating Student Participation in Individualized Education Programs through Motivation Strategy Instruction." Exceptional Children 60, no. 5 (March 1994): 466–75. http://dx.doi.org/10.1177/001440299406000510.

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Public Law 101–467, the Individuals with Disabilities Education Act of 1990, specifies that students with disabilities, especially secondary-level students, should have an opportunity to participate in IEP conferences. This study investigated the effectiveness of strategy instruction designed to foster students' active participation in IEP conferences. High school students with learning disabilities and their parents participated in either strategy instruction or an orientation lecture/discussion. Results indicate that strategy-instructed students identified more goals and communicated more effectively during their conferences than did the contrast students.
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47

Kim, Hanna. "A Critical Review on the Introduction of the Quasi-Mixed Member Proportional System Focusing on the Public Official Election Act Partial Amendment Act (No. 2019985)." Korean Party Studies Review 18, no. 4 (December 31, 2019): 165–99. http://dx.doi.org/10.30992/kpsr.2019.12.18.4.165.

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48

Watanabe, Yaskuyuki. "The Process and Analysis of the National Civil Service Reform in Japan." Developments in Administration 2, no. 2 (July 2, 2017): 51–73. http://dx.doi.org/10.46996/dina.v2i2.5193.

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The Japanese civil service system was reformed in 2014 by the amendment of the National Public Service Act. The amended act covers a wide range of areas, but the key point is the new appointment process for executive officials. The introduction of this new process changed the relationship between the Prime Minister and executive officials drastically. This article first describe the reason why the Japanese government had to undertake the civil service reform. This article will then analyze the content and process of this reform in two dimensions (i.e., transformational factors and transactional factors) by applying Burke-Litwin Model, after which it will explain how the reform changed the relationship between the Prime Minister and executive officials.
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Podger, Andrew. "Mostly Welcome, but are the Politicians Fully Aware of What They have Done? The Public Service Amendment Act 2013." Australian Journal of Public Administration 72, no. 2 (June 2013): 77–81. http://dx.doi.org/10.1111/1467-8500.12015.

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Robinson, Robert K., Joseph G. P. Paolillo, and Brian J. Reithel. "Race-Based Preferential Treatment Programs: Raising the Bar for Establishing Compelling Government Interests." Public Personnel Management 27, no. 3 (September 1998): 349–60. http://dx.doi.org/10.1177/009102609802700305.

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In 1995 a series of federal court decisions called into question the efficacy of race-based preferential treatment programs initiated by two leading public universities.1 Both decisions occurred at a time when government-imposed, race-conscious remedial measures are being increasingly challenged on the grounds that they either violate the Civil Rights Act of 1964,2 or breach the guarantee of equal protection under the laws provided by the Fourteenth Amendment. Most recently, a federally mandated race-based preference was successfully challenged on the grounds that it violated an “implied” equal protection clause in the Fifth Amendment.3 As a further indication of this shift away from state supported racial preferences, legislation is pending in Congress4 that, if enacted, would make the consideration of any individual's race, color, national origin or gender in regard to selection or eligibility for any federal program unlawful.
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