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1

Mannino, Laura Lee. "Supreme Court Holds in Mayo Foundation that Medical Residents are Not Students". ATA Journal of Legal Tax Research 9, n. 1 (1 novembre 2011): 64–79. http://dx.doi.org/10.2308/jltr-50107.

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ABSTRACT In Mayo Foundation v. U.S., the United States Supreme Court recently ended a dispute as to whether stipends paid to medical residents are subject to FICA. A statutory provision excludes “students” from FICA, and the question was whether medical residents could be considered students, thereby making them eligible for the exclusion. The Treasury Department amended its definition of “student,” as that term is used in the Internal Revenue Code (IRC), following adverse decisions in several circuits. What began as a case of statutory construction turned into one of administrative authority. Ultimately, the Court upheld the regulation, which categorically denies medical residents from being eligible for the student exemption. The Supreme Court's decision reaches far beyond this narrow issue, however, because the underlying analysis applies in all areas of administrative law. The Court made clear that a uniform standard of deference applies not only to the Treasury Department, but to all administrative agencies. That standard, which was announced by the Court in Chevron USA v. Natural Resources Defense Council, Inc. in 1984, states that an agency's rule or interpretation will be upheld as long as Congress was silent or ambiguous with regard to the issue at hand, and the rule or interpretation is a permissible construction of the statute.
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2

BERTELLI, Anthony M. ""Trust as a Reliance Interest: Administrative Law and Financial Regulation in the United States and its Comparative Implications"". Transylvanian Review of Administrative Sciences, SI (20 dicembre 2023): 21–43. http://dx.doi.org/10.24193/tras.si2023.2.

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This article argues that regulatory trust is established and maintained through a relationship between stakeholders and the government, with the former group of organizations and individuals relying on their understanding of this relationship. Federal administrative law in the United States makes the expectations about the regulatory environment on which stakeholders rely more meaningful by granting stakeholders the right to bring actions in court when their expectations are being (or seem likely to be) dashed. To make this argument, I begin with the threshold question of how courts serve as a forum for voicing claims of distrust in regulatory regimes. I then consider the importance of political accountability over regulatory decision making, illustrating the concerns about the structure of agencies that regulate consumer and housing finance. Next, I will discuss a second major challenge to trust that arises from the extent to which the authority of regulatory agencies is circumscribed by legislation. Along the way, I draw on the case law presented to argue that problems of trust in financial regulation center on the reliance interests of stakeholders. Finally, the argument suggests a research agenda into trust as a reliance interest that I sketch in the conclusion.
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3

Ernst, Daniel R. "Ernst Freund, Felix Frankfurter, and the American Rechtsstaat: A Transatlantic Shipwreck, 1894–1932". Studies in American Political Development 23, n. 2 (25 settembre 2009): 171–88. http://dx.doi.org/10.1017/s0898588x09990058.

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From the passage of the Interstate Commerce Act of 1887 through the New Deal, American legislators commonly endowed administrative agencies with broad discretionary power. They did so over the objections of an intellectual founder of the American administrative state. The American-born, German-educated lawyer and political scientist Ernst Freund developed an Americanized version of the Rechtsstaat—a government bound by fixed and definite rules—in an impressive body of scholarship between 1894 and 1915. In 1920 he eagerly took up an offer from the Commonwealth Fund to finance a comprehensive study of administration in the United States. Here was his chance to show that a Continental version of the Rule of Law had come to America. Unfortunately for Freund, the Commonwealth Fund yoked him to the Austrian-born, American-educated Felix Frankfurter, a celebrant of the enlightened discretion of administrators. Freund's major publication for the Commonwealth Fund, Administrative Powers over Persons and Property (1928), made little impression on scholars of administrative law, who took their lead from Frankfurter. Today the Rechtsstaat is largely the beau ideal of libertarian critics of the New Deal; few recognize that it is also part of the diverse legacy of Progressive reform.
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4

Zanoni, Wladimir, e Gabriel Weinberger. "Effects of Childcare Subsidies on Employment and Earnings of Low-Income Mothers". B.E. Journal of Economic Analysis & Policy 15, n. 2 (1 aprile 2015): 589–619. http://dx.doi.org/10.1515/bejeap-2014-0128.

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Abstract This study examines how childcare subsidies funded by the Child Care and Development Fund (CCDF – the most widespread childcare subsidy program in the United States) affect the employment status and earnings of low-income mothers. Employing a rich database of administrative records, we compute instrumental variables and control function estimates of the program’s effects. As an exclusion restriction, we take advantage of differences in efficiency levels across administrative agencies that process subsidy applications and payments. CCDF-funded subsidies have short-term effects that are primarily driven by changes in the extensive margin of labor supply. Mothers who are either unemployed or earning closer to the upper cutoff of eligibility benefit the most from participation in this program.
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PELZMAN, JOSEPH. "THE SPILLOVER EFFECTS OF THE RE-IMPOSED UNITED STATES SANCTIONS ON IRAN ON MENA, THE PRC, RUSSIA, AND TURKEY". Global Economy Journal 20, n. 01 (marzo 2020): 2050003. http://dx.doi.org/10.1142/s2194565920500037.

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Iran has faced US sanctions in one form or another since its invasion of the US Embassy in Iran in 1979. The 2007-08 period marked the initiation of heightened international sanctions on Iran imposed by the UN Security Council in reaction to Iran’s nuclear program. These sanctions were tightened in 2010, when the UN Security Council, the US Congress, and the European Union all implemented separate sets of sanctions targeting either the Iranian nuclear program or the energy and banking sectors. Under the Obama Administration the Joint Plan of Action (JPOA) was signed in late 2013 and within months the United States and the EU took steps to waive specific sanctions. In 2015 the Joint Comprehensive Plan of Action (JCPOA) was signed, which lifted nuclear-related sanctions by the UN, EU and US. The Trump Administration on May 8, 2018 announced the US withdrawal from the JCPOA and directed federal agencies to begin to take steps to re-impose the sanctions established under U.S. law that were lifted or waived in order for the United States to meet its commitments in the JCPOA. On November 5, 2018, all pre-JCPOA - U.S. sanctions on foreign firms that conduct transactions in all of Iran’s core economic sectors, including energy, banking, shipping, and manufacturing, went back into effect. These include sanctions on “petroleum-related transactions” and transactions by foreign banks with Iran’s Central Bank. In addition,700 Iranian and third country entities have again been designated by the United States as sanctioned entities, meaning that foreign firms that transact business with these entities could face virtual exclusion from the U.S. economy. With the re-imposition of sanctions on Iran, in 2018, the US finds itself as a lone player in a world where the EU, the PRC, Russia and a group of MENA countries have no intentions to comply with these re-imposed sanctions. The purpose of this paper, consequently, is to assess the spillover effects which can be expected to result from the US re-imposition of Iran sanctions on relevant MENA countries, the PRC, Russia and Turkey.
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Beaty, LeAnn. "Ethics in the Hollow State: Distinguishing between Nonprofit and For-Profit Agents of Prisoner Reentry". Journal of Public and Nonprofit Affairs 7, n. 1 (1 aprile 2021): 68–88. http://dx.doi.org/10.20899/jpna.7.1.68-88.

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New public management, a reform movement that shifted the provision of public goods and services towards private institutions, is firmly entrenched in the United States. The Hollow State, a metaphor often used synonymously with contracting out, reflects the growing trend of using non-governmental networks–often nonprofits but also for-profit organizations–to deliver social services to vulnerable groups. This article, which draws from the author’s dissertation, examines differences in nonprofit and for-profit prisoner reentry agencies. The findings suggest that nonprofit/for-profit differences are eroding as the nonprofit sector becomes more competitive with the private sector for government contracts.
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7

St. John, Edward P. "Higher Education in Post-Neoliberal Times: Building Human Capabilities in the Emergent Period of Uncertainty". Education Sciences 13, n. 5 (16 maggio 2023): 500. http://dx.doi.org/10.3390/educsci13050500.

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This paper argues that the neoliberal consensus about education finance has broken down due to growing economic inequality. First, I use a comparative historical analysis of political alliances to examine patterns of world trade and nations’ policies for economic and educational development since World War II. The United States emphasized STEM-collegiate preparation for all students, while most countries continued the dual emphasis on technical-tertiary and higher education. Educational policy in the US and Pacific region also shifted towards a reliance on markets and student loans resulting in worsening economic inequality in access. Nations with dual technical and academic pathways in secondary and postsecondary education systems expand college enrollment rates more rapidly than the US. They also experience class conflict between the working–middle class and the new technological elite. Next, I examine how education policy shifted from national planning aligned with public funding to market-based incentives for institutional development, further exposing gaps in opportunity within nations. Finally, recognizing the variations in systemic causes of inequality, I argue that governments, education agencies, and civic activists can best promote equity by organizing to address barriers to opportunity for groups left behind in the wake of withering neoliberal education policy.
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Seabrook, Jacqueline M., e Roger A. Hubbard. "Achieving Quality Reproducible Results and Maintaining Compliance in Molecular Diagnostic Testing of Human Papillomavirus". Archives of Pathology & Laboratory Medicine 127, n. 8 (1 agosto 2003): 978–83. http://dx.doi.org/10.5858/2003-127-978-aqrram.

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Abstract Laboratories contemplating either the addition of new molecular tests or modifying methods approved by the Food and Drug Administration for human papillomavirus testing should be aware of a variety of procedural, performance, and regulatory issues surrounding such activity. Diagnostic medical laboratory testing in the United States is regulated by the Centers for Medicare and Medicaid Services, an agency formerly known as the Health Care Finance Administration. The regulatory vehicle of the Centers for Medicare and Medicaid Services is manifested in the Clinical Laboratory Improvement Amendments (CLIA). The CLIA program has put into place specific regulations for laboratory quality control, which includes specific recommendations for method validation. Regulations that must be followed regarding personnel, quality control, quality assurance, method validation, and proficiency testing depend on the complexity category of the individual test. All molecular diagnostic tests, including those for human papillomavirus, are considered high complexity. The Centers for Medicare and Medicaid Services retains the authority to allow private, national accreditation organizations to “deem” that a laboratory is compliant with CLIA '88 requirements. Accreditation organizations, such as the Joint Commission for Accreditation of Hospitals, the Commission on Office Laboratory Accreditation, and the College of American Pathologists (CAP), as well as several state medical laboratory–accrediting agencies, possess the authority to deem laboratories as “CLIA-approved.” The CAP, through its Laboratory Accreditation Program, has promoted standards for laboratory performance and method validation. In general, guidelines set forth in the CAP Laboratory Accreditation Program checklists specify that all clinical laboratory testing must essentially meet those requirements defined for high-complexity testing under CLIA '88, including test validation standards, reportable/reference ranges, performance criteria, and proficiency testing.
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9

Zhang, Hong Liang, Jing Hua Sha e Bo He. "A Study of Mining Administrative Agencies in the United States". Advanced Materials Research 734-737 (agosto 2013): 709–13. http://dx.doi.org/10.4028/www.scientific.net/amr.734-737.709.

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With the continued growth in demand for mineral resources, various countries have begun to emphasize the efficiency of the development and utilization of mineral resources, mining management system of a country becomes a research hotspot. Administrative agencies are always part of this system. The United States is one of the big countries of the mineral resources and has accumulated a wealth of experience to the development and management of mineral resources since the promulgation of the Mining Act (1872).The study of its mining administrative agencies will become a reference to China's mining management and department reform. First, this article will introduce current mining administrative agencies of the United States. Secondly, it will summarize the experience of the U.S. mining management. Finally, it will propose to think on the China's mining management.
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10

Paul, Paul. "What the Return of the Administrative Conference of the United States Means for Administrative Law". Michigan Journal of Environmental & Administrative Law, n. 1.1 (2012): 17. http://dx.doi.org/10.36640/mjeal.1.1.what.

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Administrative law, writ large, is about the way agencies behave, and how other institutions and the public react to that behavior. By promulgating rules, adjudicating cases and claims, enforcing statutes, providing guidance, collaborating with interest groups, exercising discretion, and so forth, agencies manage and implement the business of government.1 They do this under the auspices of the Executive Branch, but the other branches assert authority over the agencies as well. Congress does so by legislating, budgeting, and overseeing, while the courts do so by interpreting statutes and requiring rational behavior from agencies. These important and essential activities fill many law school publications with statutes, cases, and rules. But the branches that produce this body of law are institutionally constrained—they have difficulty testing hypotheses or experimenting with alternatives before statutes are enacted, cases are decided, or rules are promulgated.
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11

Abrams, Norman. "Exploring Limits on the Use of Administrative Agencies in the Felony Criminal Process". Israel Law Review 33, n. 3 (1999): 539–74. http://dx.doi.org/10.1017/s0021223700016058.

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When we think of criminal proceedings, we ordinarily have in mind judicial process, that is a process in which decisions are made by a judge, and, typically in the United States, a jury. Over the course of the past century in the United States, however, certain decision-making aspects of felony criminal proceedings have been handed over to administrative agencies. Examples have been the involvement of administrative agencies in the determination of the sentence to be served in felony cases and the creation of the United States Sentencing Commission with authority to promulgate guidelines that limit the discretion of judges in determining the sentence. Nor are the examples limited to the latter stages of the criminal process. In some jurisdictions, prosecutors have behaved exactly like ordinary administrative agencies by promulgating internal policy in the manner of rulemaking.
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12

Kernt, Harold. "An Overview of the United States Administrative Procedure Act". Gdańskie Studia Prawnicze, n. 2(46)/2020 (22 giugno 2020): 69–82. http://dx.doi.org/10.26881/gsp.2020.2.05.

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For almost seventy-five years, the Administrative Procedure Act (APA) in the United States has set a procedural framework within which most federal administrative agencies must act. The APA lays out procedures that federal actors must follow in fashioning rules and in resolving adjudications, as well as the standards of review that federal courts must use when reviewing the agencies’ resolution of those adjudications and promulgation of rules. As a consequence the APA has been remarkably effective in ensuring that agency decisionmaking is responsive to public concerns and that the public has an outlet for voicing those concerns. Nonetheless, some of the exceptions carved out by Congress in the APA have created problematic gaps, failing to protect the regulated public adequately, particularly from agency policy statements and interpretations of statutes and regulations, which private firms and individuals cannot challenge directly but may affect their livelihoods.
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13

Grodin, Edward. "An Internationally Intelligible Principle: Comparing the Nondelegation Doctrine in the United States and European Union". Perspectives on Federalism 7, n. 2 (1 novembre 2015): 56–84. http://dx.doi.org/10.1515/pof-2015-0010.

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Abstract This article analyzes the degree of convergence between the United States and the European Union regarding the structural role of administrative agencies. As will be argued, the United States and European Union have arrived at the same broad conclusion about a “nondelegation doctrine”: delegations to administrative agencies should be permitted so long as some limiting principle governs the exercise of that power and allows for sufficient judicial review. However, the Supreme Court has taken a more permissive approach than the Court of Justice in defining the limiting principle. The United States has loosened the reins for the sake of modern administration while the European Union has maintained a firmer grip to keep better control over the Europeanization project. Stated another way, the nondelegation doctrine is simply a reflection of the systems’ relative levels of integration. Thus, the nondelegation doctrine will be stretched in Europe as functional regulatory demands arise from wider and deeper integration. At the same time, the focus will be redirected from substantive limits to procedural controls; accordingly, this Note advocates for a European Administrative Procedure Act.
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14

Pops, Gerald M. "Administrative Law as Public Policy: The First Fifty Years". Journal of Policy History 2, n. 1 (gennaio 1990): 98–117. http://dx.doi.org/10.1017/s0898030600006862.

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Administrative law in the United States during the last half century has been dominated by three major themes: (1) the extent to which legislative authority may be delegated to administrative agencies, (2) judicial review of legislative action, and (3) analysis of the formal aspects of agency procedures. At the core of this traditional approach to administrative law—defining its purpose—is the problem of the legitimacy of public administration. Specifically, the issue, to traditionalists, is how far administrative agencies can go before they impinge on the rights of private citizens.
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Saurer, Johannes. "Supranational Governance and Networked Accountability Structures: Member State Oversight of EU Agencies". European Journal of Risk Regulation 2, n. 1 (marzo 2011): 51–60. http://dx.doi.org/10.1017/s1867299x00000611.

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The most remarkable recent development in EU administrative law is the widespread establishment of European agencies. Beginning in the early 1990s, EU agencies emerged as significant actors in a number of areas, including trademark law, pharmaceutical licensing and aviation safety. EU agencies are best understood, however, not as autonomous regulators at the federal level, but as the most recent expression of European governance through administrative networks. The regulatory intertwining of supranational and national authorities in the EU is significantly different from the division of authority between federal and state bureaucracies in the United States federal system Hence, the accountability of European agencies to the EU and to Member States has unique features that can be traced to the dynamics of European integration. Accountability is largely a function of networked institutional relations that link European administrative entities to both supranational and national forums of accountability This article concentrates on the second form of accountability through an in-depth exploration of the way Member States oversee EU agencies. Oversight, here, covers monitoring, hearings, budgetary reviews or judicial actions, as well as procedural constraints.
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Koh, Steven Arrigg. "United States Administrative Protective Order Law and Sanctions: Accessing Information Through Agencies". Global Trade and Customs Journal 2, Issue 11/12 (1 novembre 2007): 369–75. http://dx.doi.org/10.54648/gtcj2007045.

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Jong Kon, Lee. "Regulation Growth and Bureaucratic Politics in the United States". Korean Journal of Policy Studies 30, n. 2 (31 agosto 2015): 47–68. http://dx.doi.org/10.52372/kjps30203.

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Diverse public administration and governance studies have argued that leviathan governments are no longer capable of efficient administration and that new governing structures should be substituted for traditional government regulations. Nevertheless, a large regulatory structure remains intact in the United States. This paper explores why traditional government regulation has persisted even in the era of new governance. Several regression tests indicate that bureaucratic attempts to secure the survival of agencies rather than administrative effectiveness determine the extent of regulation.
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Chand, Daniel E. "Protecting Agency Judges in an Age of Politicization: Evaluating Judicial Independence and Decisional Confidence in Administrative Adjudications". American Review of Public Administration 49, n. 4 (24 febbraio 2019): 395–410. http://dx.doi.org/10.1177/0275074019829608.

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Administrative judges, who serve in state and federal agencies, as opposed to a separate branch of government, are an understudied, and occasionally controversial, type of public administrator. Many who find themselves in administrative courts protest the agency judge’s lack of independence. According to critics, because agency judges are members of—and often evaluated by—the very agency with a vested interest in the case, they are subject to political influence and cannot possibly be an impartial arbitrator. In the United States, various approaches to addressing this concern have been employed. At the federal level, Congress grants some administrative judges statutory protections from agency evaluation. Most states have utilized an organizational independence approach by placing administrative judges in separate agencies dedicated to administrative adjudications. Via a national survey returned by 250 agency judges, this study compares perceptions of judicial independence and decisional confidence. It finds that administrative judges serving in independent agencies (known as central panels) report higher levels of judicial independence and more confidence their rulings will not be overturned. The theoretical implications are significant for public administration and administrative law scholars, especially those concerned about the politicization of administrative duties.
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Efremova, Tatiana A. "Digital Technologies are a New Vector for the Development of Public Finance". Теория и практика общественного развития, n. 2 (28 febbraio 2024): 72–78. http://dx.doi.org/10.24158/tipor.2024.2.9.

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The article examines the development and change of procedures and methods for managing state finances under the influence of the digital transformation of the economy. It is substantiated that the most important tool for improving the quality of public financial management in today’s realities is information technology, which allows one to automate the budget process, ensure the interaction of government agencies both among them-selves and with business and the population in real time, simulate economic models and make forecasts, which is a serious step forward towards financial stability and sustainability of the state. Examples are given confirming that the digital ecosystem makes it possible to unite all participants in the budget process into a sin-gle digital space at the stages of its planning, approval, execution, current and subsequent control. The main emphasis in the article is on the consideration of the advantages and opportunities provided by the State Inte-grated Information Management System by public finance “Electronic Budget”, as well as digitalization of tax payments administration.
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Wise, Charles R., Erik Amnå e Thomas Sinclair. "National administrative agencies in transition: A comparison of sweden and the united states". International Journal of Public Administration 17, n. 10 (gennaio 1994): 1825–51. http://dx.doi.org/10.1080/01900699408524966.

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Eckerd, Adam. "Citizen Language and Administrative Response". Administration & Society 49, n. 3 (27 luglio 2016): 348–73. http://dx.doi.org/10.1177/0095399714548272.

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Despite more than 40 years of experience with Environmental Impact Assessment (EIA) in the United States, little is known about who participates, how they participate, and whether agencies are responsive. This study explores the role of public participation in the American federal government EIA context, focusing on the different languages used by residents and administrators. Residents of affected geographic areas use nontechnical language to address concern over individual impacts, whereas administrators use technical language about aggregate impacts and focus on justification of decisions, rather than altering decisions based on public feedback.
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Salmon, Lester M. "Government and the Voluntary Sector in an Era of Retrenchment: The American Experience". Journal of Public Policy 6, n. 1 (gennaio 1986): 1–19. http://dx.doi.org/10.1017/s0143814x00003834.

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AbstractPrevailing conceptions of the welfare state in the United States have failed to acknowledge the widespread partnership that exists between government and private voluntary organizations in the provision of human services. Thanks in large part to this partnership, voluntary organizations have retained a significant role in the American welfare state, delivering a larger share of government-financed human services than government agencies. By cutting back on government spending, therefore, the Reagan administration has significantly reduced the revenues of the nonprofit sector while calling on this sector to do more. Although nonprofits as a group have overcome the resulting cutbacks, they have done so chiefly by increasing their income from service charges, rather than their private charitable support.
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Krenik, Vale. "“No One Can Serve Two Masters”: A Separation of Powers Solution for Conflicts of Interest Within the Department of Health and Human Services". Texas Wesleyan Law Review 12, n. 2 (marzo 2006): 585–630. http://dx.doi.org/10.37419/twlr.v12.i2.6.

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This Comment examines the financial conflicts of interests within the DHHS that results in private influence, the consequential impact of the private influence on the agency's constitutionality under the nondelegation and separation of powers doctrines, and offers a solution that better conforms to the principles and structure of the United States Constitution. Part II examines the penetration of conflicts of interests within the DHHS and impact on drug safety and human lives. Part III discusses the separation of powers doctrine and the development of the nondelegation doctrine with respect to delegations to private groups. Part IV analyzes the constitutionality of administrative agencies under the influence of private interests. Part V analyzes the constitutionality of administrative agencies with respect to the separation of powers doctrine. Part VI proposes a solution to the problems of private interests with administrative agencies. This Comment concludes in advocating a long term solution of repairing the structural flaws that violate the separation of powers by advocating the reformation of Executive Branch agencies into constituent legislative, executive and adjudicatory functions and altering their reporting structure to corresponding branches. In practical terms, the agencies must be disassembled and rebuilt to separate the powers.
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Dietrich, Reinhard. "Cultural Property on the Move — Legally, Illegally". International Journal of Cultural Property 11, n. 2 (gennaio 2002): 294–304. http://dx.doi.org/10.1017/s0940739102771440.

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In 1999 a load of about sixty kilograms of ancient coins, looted from illegal excavations in Bulgaria and falsely declared, were stopped by German customs at the Frankfurt Airport, on its way to the United States. Notwithstanding any rights of ownership or administrative rights to confiscate the smuggled goods, in the end the coins were returned to the dealer. The main weakness proved to be the lack of interest in an “exotic” case like this and a lack of communication among all administrative agencies concerned.
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김재선. "Review on the Mandatory Administrative Rules of the Independent Regulatory Agencies in the United States". Public Law Journal 19, n. 4 (novembre 2018): 359–80. http://dx.doi.org/10.31779/plj.19.4.201811.012.

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Wolf, Ross, e Thomas Bryer. "Applying an outcomes-based categorisation to non-warranted/non-sworn volunteers in United States policing". Police Journal: Theory, Practice and Principles 93, n. 1 (18 marzo 2019): 42–64. http://dx.doi.org/10.1177/0032258x19837309.

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The use of volunteers for government service can improve civic engagement, collaboration in governance, and transparency. Policing is no exception, and throughout the United States many police agencies rely on volunteers to serve in various ways, including observational patrols, investigations, administrative support, chaplains, police explorer programmes, and search and rescue teams. While there are police volunteers in the United States that have police powers, this manuscript focuses on the varied ways that citizens participate in policing in non-warranted/non-sworn roles, and applies an outcomes-based categorisation to better understand motivations. Examples of volunteerism are provided, and the variation of use is discussed.
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Farber, James, e Charlene Leggieri. "Building and validating an administrative records database for the United States". New Zealand Economic Papers 36, n. 1 (giugno 2002): 65–67. http://dx.doi.org/10.1080/00779950209544352.

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Xu, Bo. "Safety and Management of Food Additives in the United States". Advanced Materials Research 781-784 (settembre 2013): 1328–31. http://dx.doi.org/10.4028/www.scientific.net/amr.781-784.1328.

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Food safety is an important issue related to the government regulatory authorities, food industry and food consumers. And the increasing use of food additives has become a matter of public and administrative concern, so an extensive safety evaluation on food additives must be carried out and the use of the additives in food should be controlled by law. In the United States, the Congress has entrusted the FDA with the responsibility to ensure that new additives to be used in foods and the foods the consumers purchase are safe. This paper discusses the supervision and management system of food additives in the United States. The conclusion is that FDA has developed a scientifically rigorous, sound and dependable system to assure the safety of food, thus a new food additive must be approved by FDA before it can be used in food. Management of food additives in the United States is also a helpful reference for government food control agencies in other countries.
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Kinney, Eleanor D. "Administrative Law and the Public's Health". Journal of Law, Medicine & Ethics 30, n. 2 (2002): 212–23. http://dx.doi.org/10.1111/j.1748-720x.2002.tb00388.x.

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Today, public health regulation at all levels faces unprecedented challenges both at home and abroad. The September 11, 2001 attacks on New York and Washington, D.C., by the Al Qaeda terrorist network and the anthrax bioterrorism that followed shortly thereafter have put public health regulation at the forefront of homeland security. The anthrax scare, in particular, has greatly tested the American public health system, calling into question whether the United States and its component states and localities are prepared to handle a major outbreak of infectious disease, such as smallpox, in a future bioterrorist action. While the response of public health agencies was commendable, especially in light of the magnitude of the assaults, it is manifestly clear that the American public health system will be hard pressed to meet similar challenges that may lie ahead.The events of fall 2001 follow a period of major challenges for public health. The AIDS pandemic has killed millions of people throughout the globe, especially in Africa and other parts of the developing world.
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30

Klyuchnikov, A. Yu. "On Sex Offender Registry". Lex Russica 73, n. 3 (28 marzo 2020): 140–50. http://dx.doi.org/10.17803/1729-5920.2020.160.3.140-150.

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Abstract (sommario):
The paper examines the experience of the United States of America in recording and classifying convicted sexual offenders. The Federal register is a comprehensive criminal and administrative law tool for crime prevention. It has its origins in similar state registers. The author examines the principles of maintaining the register, the grounds for inclusion in the register and exclusion from it, the volume of data to be published, the frequency of data updates, and conducts a criminological characterization of the Institute. The paper analyzes the case law of the Supreme courts of the United States regarding the constitutionality of the rules and principles that form the institution of the registry, their retroactive application, and compliance with procedural and material guarantees of a fair trial. The author concludes that it is possible to introduce a similar Federal register in Russia, but taking into account the shortcomings identified in the study. Currently, the efforts of the legislator in this part are obvious (increasing criminal responsibility for violent sexual crimes with the establishment of restrictions on freedom, the emergence of new tools of "deterrence" in the hands of law enforcement agencies, such as administrative supervision). However, the measures are not comprehensive, often overlap, and do not achieve the stated goal (execution of restrictions under administrative supervision after serving the restriction of freedom). The author believes that it can be an independent institution, implemented from the stage of execution of the sentence, accessible to law enforcement agencies and victims, and in cases provided for by law — for social and educational institutions, guardianship authorities, family and child protection.
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31

Fowler, Luke, e Jen Schneider. "Ambiguous Policies, Controversial Issues, and Strained Bureaucracies: Banning Critical Race Theory in Idaho". Journal of Social Equity and Public Administration 2, n. 2 (1 luglio 2024): 63–80. http://dx.doi.org/10.24926/jsepa.v2i2.5655.

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Abstract (sommario):
Absent coping strategies, ambiguity strains administrative agencies and democratic institutions on multiple fronts, particularly where controversy is amplified by different ways of thinking that are incompatible with each other. This is examined using a case study of the implementation of Idaho’s House Bill 377 (HB377), the first state-level ban on “critical race theory” in public education in the United States. The brief and ambiguously written bill leaves a lot to be “figured out” by educators. Using a modified grounded theory approach, interviews with 10 faculty reveal how making sense of HB377 caused significant distress for faculty and strained their relationships with administrators. Findings suggest that this bill may have damaged higher education institutions in Idaho, particularly by creating low faculty morale among those teaching in areas newly perceived to be controversial. Conclusions consider implications for administrative agencies when faced with ambiguous laws and conflicting messages from elected officials.
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32

Shang, Jingjing, Ashley Chastain, U. Gayani Perera, Monika Pogorzelska-Maziarz e Patricia Stone. "Infection Prevention and Control Policies and Staffing: A National Survey of Home Health Agencies in the United States". Infection Control & Hospital Epidemiology 41, S1 (ottobre 2020): s301. http://dx.doi.org/10.1017/ice.2020.882.

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Abstract (sommario):
Background: Infection prevention and control (IPC) is a national priority in all healthcare settings, and IPC staffing characteristics have been linked to patient safety outcomes. However, there is a lack of knowledge about IPC in home healthcare (HHC), the fastest growing healthcare sector. Our aim was to better understand the current state of IPC in HHC, as well as the HHC staff involved with IPC policy implementation. Methods: A national survey was conducted between October 2018 and November 2019. The participants included (1) agencies recruited from a national HHC conference and (2) a national random sample of 1,501 agencies stratified by census region, ownership status, and rural or urban location. Survey items included staff influenza vaccination policies, antibiotic stewardship, infection surveillance, and IPC staffing. Descriptive statistics were computed, and differences by ownership were calculated using 2 and Student t tests. Results: Of the 535 HHC agencies that responded to the survey (response rate, 33%), 64% were for-profit agencies. Overall, 30.8% of the agencies (17.9% for-profit, 57.6% nonprofit; P < .01) required staff influenza vaccination. Most nonprofit agencies (84.1%) and about half of the for-profit agencies (48.1%) offered free influenza vaccinations to staff (P < .01). During the past influenza season, 62.6% of agencies (81.5% nonprofit vs 51.6% for-profit; P < .01) had 75% of their employees vaccinated for influenza, and 9.3% (2% nonprofit vs 13.5% for-profit; P < .01) reported that they did not track this data. Only 17.9% of HHC agencies used antibiotic prescribing guidelines, and 33.3% reported that they reviewed cases to assess the appropriateness of antibiotic administration and/or indication. Most HHC agencies (86%) reported collecting and reviewing infection data to identify trends, which was often done quarterly or more frequently. Almost every responding agency reported that the staff member in charge of IPC had other responsibilities including administrative, education/training, or quality improvement, and 33.5% of those personnel had received no specific IPC training. Also, ~6% of agencies (12.5% of government-owned agencies) reported that they currently did not have a staff member in charge of IPC. Conclusions: This is the first national study of IPC in HHC, which can be used as a benchmark for quality improvement initiatives in the home care environment. Compared to other healthcare settings, HHC agencies have substantial challenges related to IPC. Most HHC agencies do not have a staff member exclusively dedicated to IPC, and staff training is inadequate. Furthermore, a significant number of agencies have no staff influenza vaccination or antibiotic stewardship policies in place. The situation is worse at for-profit agencies, which dominate the current US HHC industry.Funding: NoneDisclosures: None
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33

Blank, Rebecca M., Kerwin Kofi Charles e James M. Sallee. "A Cautionary Tale About the Use of Administrative Data: Evidence from Age of Marriage Laws". American Economic Journal: Applied Economics 1, n. 2 (1 marzo 2009): 128–49. http://dx.doi.org/10.1257/app.1.2.128.

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Abstract (sommario):
This paper demonstrates that administrative data may be inferior to survey data under particular circumstances. We examine the effect of state laws governing the minimum age of marriage in the United States. The estimated effects of these laws are much smaller when based on retrospective reports from census versus administrative records from Vital Statistics data. This discrepancy appears due to systematic avoidance behavior of two kinds. Some young people marry in states with less restrictive laws; others appear to have misrepresented their age on their marriage certificate. Our results have important implications regarding legal avoidance and the use of administrative data. (JEL J12 K36)
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34

Clinton, Joshua D., e David E. Lewis. "Expert Opinion, Agency Characteristics, and Agency Preferences". Political Analysis 16, n. 1 (13 aprile 2007): 3–20. http://dx.doi.org/10.1093/pan/mpm009.

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Abstract (sommario):
The study of bureaucracies and their relationship to political actors is central to understanding the policy process in the United States. Studying this aspect of American politics is difficult because theories of agency behavior, effectiveness, and control often require measures of administrative agencies' policy preferences, and appropriate measures are hard to find for a broad spectrum of agencies. We propose a method for measuring agency preferences based upon an expert survey of agency preferences for 82 executive agencies in existence between 1988 and 2005. We use a multirater item response model to provide a principled structure for combining subjective ratings based on scholarly and journalistic expertise with objective data on agency characteristics. We compare the resulting agency preference estimates and standard errors to existing alternative measures, discussing both the advantages and limitations of the method.
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35

Irish, M. "Regulatory Convergence, Security and Global Administrative Law in Canada-United States Trade". Journal of International Economic Law 12, n. 2 (3 marzo 2009): 333–55. http://dx.doi.org/10.1093/jiel/jgp002.

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36

Baylis, Patrick, e Judson Boomhower. "The Economic Incidence of Wildfire Suppression in the United States". American Economic Journal: Applied Economics 15, n. 1 (1 gennaio 2023): 442–73. http://dx.doi.org/10.1257/app.20200662.

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Abstract (sommario):
This study measures the degree to which public expenditures on wild-fire protection subsidize development in harm’s way. We use administrative data on firefighting expenditures to measure the causal effect of nearby homes on the amount spent to extinguish wildfires. We use these estimates in an actuarial calculation yielding geographically differentiated expected implicit subsidies for homes across the western United States. The expected net present value of this subsidy can exceed 20 percent of home value, increases with fire hazard, and decreases surprisingly steeply with development density. We discuss potential behavioral responses by individuals and local governments using a simple economic model. (JEL D91, Q23, Q54, R52, R58)
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37

Kelly, Christopher, Jennifer Craft Morgan, Candace L. Kemp e Jerome Deichert. "A Profile of the Assisted Living Direct Care Workforce in the United States". Journal of Applied Gerontology 39, n. 1 (11 febbraio 2018): 16–27. http://dx.doi.org/10.1177/0733464818757000.

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Abstract (sommario):
Background and Objectives: The purpose of this article was to develop a profile of direct care workers (DCWs) in assisted living (AL). Research Design and Methods: We used data from 2014 American Community Survey (ACS) to identify the demographic and employment characteristics of AL DCWs. We collected state training requirements for AL DCWs from the administrative rules of state agencies and interviews with state officials. Results: AL DCWs were more likely than other DCWs to be younger, male, White, English speaking, U.S.-born, never married, and to have attended college. Two Affordable Care Act (ACA)–designated training topics (self-care and the role of the personal care aide) were not required in any state. Discussion and Implications: AL has tapped a unique pool of workers (i.e., younger, male as well as female, and with some college education) but needs to address its workforce needs via training, improvements to overall job quality, and the development of career opportunities.
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38

SARKISYAN, Zhaklin M. "Models of Institutional Organization of Budgetary Control in Foreign Countries". Journal of Advanced Research in Law and Economics 9, n. 1 (25 settembre 2018): 287. http://dx.doi.org/10.14505//jarle.v9.1(31).34.

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Abstract (sommario):
The article discusses some of the features, showing that experts distinguish the following models of institutional organization of budgetary control: parliamentary control, administrative control, judicial control. Parliamentary control in the field of Finance to produce to the Commission or parliamentary committees or audit bodies, for example, the chamber. Exercising budgetary control committees have certain features in different States as the order of the information and competence. Administrative and financial control in the public sectors the head of state, government and specialized bodies, in addition, ministries and agencies. Judicial financial control in the public sector carry out so-called judicial or quasi-judicial bodies, for example, the court of accounts in France, Italy, Spain etc.
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39

Turner, Ian R. "Working smart and hard? Agency effort, judicial review, and policy precision". Journal of Theoretical Politics 29, n. 1 (22 giugno 2016): 69–96. http://dx.doi.org/10.1177/0951629816630430.

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Abstract (sommario):
The lion’s share of policy in the United States is made by administrative agencies. Agencies not only make policy choices, they must also implement policy effectively. Oversight institutions play an integral role in the policymaking process by monitoring, through review of agency policy actions, both policymaking tasks. Through analysis of a formal model I develop a theory of policymaking between agencies and courts and show that review can impact agency effort choices even when bureaucratic subversion is not a concern. At times the court has no impact on this effort and the agency is unconstrained. However, when the agency’s effort dictates whether or not the court defers to the agency’s actions judicial review does affect effort decisions. In this setting, review can either strengthen or, counter-intuitively, weaken agency effort incentives. Implications for executive and congressional oversight are discussed in light of these results.
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40

Gupta, Kuhika, Joseph T. Ripberger, Hank C. Jenkins‐Smith e Carol L. Silva. "Exploring Aggregate vs. Relative Public Trust in Administrative Agencies that Manage Spent Nuclear Fuel in the United States". Review of Policy Research 37, n. 4 (13 giugno 2020): 491–510. http://dx.doi.org/10.1111/ropr.12385.

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41

Schulman, Bruce J. "Governing Nature, Nurturing Government: Resource Management and the Development of the American State, 1900–1912". Journal of Policy History 17, n. 4 (ottobre 2005): 375–403. http://dx.doi.org/10.1353/jph.2005.0024.

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Abstract (sommario):
In the early years of the twentieth century, the United States created modern resource management—a collection of administrative bureaucracies that reversed long-standing policies of distributing lands into private hands and instead managed the public domain from Washington. The creation of these powerful, independent agencies underlay a broader effort to reorganize and enlarge the national government. The very same administrators who built the new conservation bureaucracies—Gifford Pinchot of the Forest Service, James R. Garfield of the Department of Interior, and Frederick Newell of the Bureau of Reclamation—also led President Theodore Roosevelt's drive for reorganization of the executive branch.
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42

Gunlicks, Arthur B. "German Federalism and Recent Reform Efforts". German Law Journal 6, n. 10 (1 ottobre 2005): 1283–95. http://dx.doi.org/10.1017/s2071832200014322.

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Abstract (sommario):
In both the United States and Germany constitutional lawyers, politicians, and the attentive public speak of “dual federalism.” In the United States this means that the federal government and the states have separate political and administrative responsibilities and their own sources of revenues. In Germany, in contrast, dual federalism means that the federal government, i.e., the executive and legislative branches, are responsible for most legislation, and that the Länder (states; singular, Land) generally administer the laws (in large part through their local governments) on their own responsibility. In both federal systems “dual federalism” has been undermined if not replaced by “cooperative federalism,” generally associated with the New Deal era in the United States and the Finance Reform of 1969 in Germany. In the meantime “intergovernmental relations” has more or less replaced the concept of “cooperative federalism” in the United States, while Politikverflechtung (political/policy interconnection and coordination) is perhaps the more commonly used term in Germany today. In both cases the new terms reflect an interrelationship among federal, regional, and local levels that goes beyond mere cooperation.
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43

Yu, Helen H., e Shilpa Viswanath. "Women in State Law Enforcement: An Exploratory Trend Analysis". American Review of Public Administration 52, n. 4 (21 marzo 2022): 268–79. http://dx.doi.org/10.1177/02750740221088315.

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Abstract (sommario):
Gender diversity in policing has never been more important than it is today. However, women in state law enforcement are the least noticeable and most underrepresented of all women in policing. Using data from the Law Enforcement Management and Administrative Statistics (LEMAS) surveys, this study examines gender diversity across the 49 primary state law enforcement agencies in the United States between 2000 and 2016. Although representation varies broadly across the states, the findings are mostly negative and suggest that women in state law enforcement have remained stagnant over the past two decades with very little improvement. This is important because scholarship must continue to bring attention to the underrepresentation of women in law enforcement, regardless of intergovernmental level, and monitor its progress.
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44

BASE, Graciela. "Notice-and-Comment Rulemaking in Comparative Perspective: Some Conceptual and Practical Implications". Asian Journal of Comparative Law 15, n. 1 (18 maggio 2020): 95–125. http://dx.doi.org/10.1017/asjcl.2020.6.

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Abstract (sommario):
AbstractPublic participation in administrative rulemaking is typically embodied in notice-and-comment procedures essentially mandating the publication of a proposed rule and an opportunity for the public to submit comments thereon prior to its adoption. This article presents a comparative analysis of the notice-and-comment regimes under the Philippine Administrative Code (PAC) and the United States’ Administrative Procedure Act (APA). In stark contrast to the Philippine legal framework which renders compliance with the notice-and-comment procedure practically discretionary on the part of the agency, the APA prescribes the conduct of notice-and-comment as a general rule, and courts rigorously police agencies’ compliance with the procedure. This article argues that the mandatory (or discretionary) nature of the notice-and-comment mechanism impinges on the efficacy of procedural challenges to administrative rules, the standard of judicial review applied to agency statutory interpretation, and the statutory creation of public norms. The article hopes to inspire a re-evaluation of the Philippine framework while providing valuable lessons to other jurisdictions with similar legal architectures.
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45

Dolgieva, M. M. "Maintaining a Balance of Private and Public Interests in the Field of Digital Assets Confiscation: The United States Case". Actual Problems of Russian Law 18, n. 6 (10 maggio 2023): 134–41. http://dx.doi.org/10.17803/1994-1471.2023.151.6.134-141.

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Abstract (sommario):
The development of information technologies and the global change in the economic situation in the world have necessitated adequate legal regulation of cryptocurrency turnover. Maintaining a balance of private and public interests in the process of confiscation of virtual assets as products of criminal activity or means of committing a crime is an essential element in maintaining the stability of criminal law mechanisms for combating crime. Considering the United States of America case, the author analyzes the models of cryptocurrencies and digital assets confiscation in the form of criminal, civil and administrative confiscation. The author also studies legislative initiatives that allow US law enforcement agencies both to provide the possibility of compensation for victims of criminal activity and to restore social and public justice in order to prevent the development of criminal activity. The author concludes that it is possible to use the positive experience of the United States in the framework of Russian legal regulation.
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46

Cheng, Fu, Qingxi Chen, Mengmeng Gu e Donghui Peng. "Current Status of Agricultural Extension in China". HortTechnology 26, n. 6 (dicembre 2016): 846–51. http://dx.doi.org/10.21273/horttech03220-16.

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Abstract (sommario):
Information on the history, legislative background, and current five levels (national, provincial, county, municipal, and township level) of the agricultural extension system in China are presented herein. In addition to the five levels, there are also six administrative agencies involved: Ministry of Agriculture, State Forestry Administration, Ministry of Science and Technology, Ministry of Education, National Agriculture Leadership Working Group, and National Development and Reform Commission. An example (Zhongfang Township, City of Luoyuan, Fuzhou County, Fujian Province) is given to illustrate the intricate network of the agricultural extension system. Major problems of the Chinese extension system include a complex and inefficient extension network, disconnection between the extension service and stakeholders’ needs, and a “two-boss” dilemma for most extension agencies. However, some current success stories in Chinese agricultural extension may be applicable or provide useful tips to other countries including the United States.
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47

Jongkon, Lee. "Errors in Public Management and Congressional Oversight". Korean Journal of Policy Studies 34, n. 2 (31 agosto 2019): 29–50. http://dx.doi.org/10.52372/kjps34202.

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Abstract (sommario):
It is widely believed that “fire alarm” oversight (i.e., reactive oversight that responds to the complaints of interest groups) rather than “police patrol” oversight (i.e., precautionary congressional surveillance), better promotes the performance of government agencies by efficiently reducing bureaucratic moral hazard. However, fire alarm oversight can lead to bureaucrats being falsely accused by interest groups who provide biased information to members of Congress of failure to properly implement a policy, thereby causing an unnecessary administrative delay in public management. This article suggests a formal model that compares fire alarm and police patrol oversight and examines the development of congressional oversight mechanisms in the United States.
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48

Smith, Justin J. "To Adopt or Not to Adopt: Contextualizing Police Body-Worn Cameras Through Structural Contingency and Institutional Theoretical Perspectives". Criminal Justice Review 44, n. 3 (6 maggio 2019): 369–85. http://dx.doi.org/10.1177/0734016819847267.

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Abstract (sommario):
There has been an increase in the adoption of body-worn cameras (BWCs) by law enforcement agencies in the United States and abroad. While several studies have showed promising results in officer satisfaction, community satisfaction, and other outcomes, the rationale for the adoption and diffusion of this technology has received little attention.This article suggests that agency adoption of BWCs can be understood through two competing theoretical frameworks: structural contingency theory and institutional theory. Intended as a research note, the paper sets up a number of testable propositions and hypotheses pertaining to BWCs as contextualized through these theories and measurable through the recent Law Enforcement Management Administrative Statistics-Body-Worn Camera Supplement.
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49

Van Deinse, Tonya B., Gary S. Cuddeback, Amy Blank Wilson, Michael Lambert e Daniel Edwards. "Using statewide administrative data and brief mental health screening to estimate the prevalence of mental illness among probationers". Probation Journal 66, n. 2 (1 novembre 2018): 236–47. http://dx.doi.org/10.1177/0264550518808369.

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Abstract (sommario):
There is little published information about the measures that probation agencies in the United States use to identify individuals with mental illnesses who are under community supervision. This study used statewide administrative data to estimate and compare the prevalence of mental illnesses among probationers using officer report and offender self-report data. Prevalence estimates of mental illnesses ranged from 15 percent to 19 percent, which is consistent with prior studies that used formal diagnostic assessments. In the absence of costly and time-consuming diagnostic assessments, probation agency-developed mental health scales can aid in identifying those who might be in need of additional mental health assessment.
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50

Crane Linn, Emily. "Examining the Impact of Community Sponsorship on Early Refugee Labor Market Outcomes in the United States". Journal on Migration and Human Security 10, n. 2 (giugno 2022): 113–33. http://dx.doi.org/10.1177/23315024221102132.

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Abstract (sommario):
As the number of refugees in need of resettlement continues to climb worldwide, advocates and policy makers are searching for ways to leverage new support from private individuals, faith groups, and community organizations to complement and extend the capacity of traditional government resettlement programs. The United States is one of many countries considering the possibility of a “private sponsorship” model, which would allow private individuals and community groups to resettle refugees independent of traditional government resettlement agencies. While this particular resettlement model has not been implemented in the United States in more than four decades, the country has a long history of community involvement in refugee resettlement. Many resettlement agencies operate vibrant community sponsorship (or co-sponsorship) programs, 1 in which community groups partner with resettlement agencies in delivering services and material support to refugees. However, due to a lack of publicly available data, the impact of this co-sponsorship model has been woefully understudied. This paper offers a preliminary exploration of community sponsorship and its impact on early refugee labor market outcomes. Using administrative data from the Lutheran Immigration and Refugee Service (LIRS), this paper finds that: Refugees with community sponsors have higher English language enrollment rates 90 days after arrival than refugees without sponsors. Refugees with community sponsors who are enrolled in an early employment program known as Matching Grant have higher rates of employment and of full-time employment 180 days after arrival than those enrolled in Matching Grant who do not have sponsors. Community sponsorship is especially beneficial for refugees with low levels of English language proficiency and lack of family ties in their location of resettlement, as well as refugees resettling in areas with higher unemployment. This paper also identifies and recommends several areas for further study, including: The variation of existing community sponsorship models in use across the United States and their impacts on refugee integration outcomes locally. The impact of community sponsorship on integration indicators, in addition to early labor market outcomes.
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