Social and Behavioral Sciences Commons^™

Keep Charitable Oversight In The Irs, Philip Hackney

Articles

Critics are increasingly calling for Congress to remove charity regulation from the IRS. The critics are wrong. Congress should maintain charity regulation in the IRS. What is at stake is balancing power between the state, charity as civil society, and the economic order. In a well-balanced democracy, civil society maintains its independence from the state and the economic order. Removing charitable jurisdiction from the IRS would blind the IRS to dollars placed in the charitable sector increasing tax and political shelters and wealthy dominance of charities as civil society. A new agency without understanding of, or jurisdiction over, tax cannot …

Assessing Visions Of Democracy In Regulatory Policymaking, Shoba Sivaprasad Wadhia, Christopher J. Walker

Articles

Motivated in part by Congress’s failure to legislate, presidents in recent years seem to have turned even more to the regulatory process to make major policy. It is perhaps no coincidence that the feld of administrative law has similarly seen a resurgence of scholarship extolling the virtues of democratic accountability in the modern administrative state. Some scholars have even argued that bureaucracy is as much as if not more democratically legitimate than Congress, either in the aggregative or deliberative sense, or both.

Discursive Constructions Of Professional Identity In Policy And Regulatory Discourse, Gerard Fealy, Josephine Mary Hegarty, Martin Mcnamara, Mary Casey, Denise O'Leary, Catriona Kennedy, Pauline O’Reilly, Rhona O’Connell, Anne-Marie Brady, Emma Nicholson

Articles

Aim

To examine and describe disciplinary discourses conducted through professional policy and regulatory documents in nursing and midwifery in Ireland.

Background

A key tenet of discourse theory is that group identities are constructed in public discourses and these discursively constructed identities become social realities. Professional identities can be extracted from both the explicit and latent content of discourse. Studies of nursing's disciplinary discourse have drawn attention to a dominant discourse that confers nursing with particular identities, which privilege the relational and affective aspects of nursing and, in the process, marginalize scientific knowledge and the technical and body work of nursing. …

Not For Free: Exploring The Collateral Costs Of Diversity In Legal Education, Spearit

Articles

This essay examines some of the institutional costs of achieving a more diverse law student body. In recent decades, there has been growing support for diversity initiatives in education, and the legal academy is no exception. Yet for most law schools, diversity remains an elusive goal, some of which is the result of problems with anticipating the needs of diverse students and being able to deliver. These are some of the unseen or hidden costs associated with achieving greater diversity. Both law schools and the legal profession remain relatively stratified by race, which is an ongoing legacy of legal education’s …

Lobbying In The Sunshine - Hiding Behind Transparency?, Albert Veksler

Articles

Lobbying in Israel was unregulated for 60 years. Scholars have decried the fact that high value is attached to the written decree, but implementation does not necessarily follow: quite a few laws have remained at symbolic level in Israel. There were two unsuccessful bills submitted to legislate lobbying regulation: first by Knesset Member (MK) Merom in 1993 and the second one by MK Naot in 2001. The bill submitted by MKs Yechimovich and Sa'ar in 2007 resulted in passing the Israeli lobbying regulations in 2008, but the Lobbyist Law displayed unexpected characteristics, and there was a 500% growth in lobbyist …

What Blogging Might Teach About Cybernorms, Jacqueline D. Lipton

Articles

Since the dawn of the information age, scholars have debated the viability of regulating cyberspace. Early on, Professor Lawrence Lessig suggested that “code is law” online. Lessig and others also examined the respective regulatory functions of laws, code, market forces, and social norms. In recent years, with the rise of Web 2.0 interactive technologies, norms have taken center-stage as a regulatory modality online. The advantages of norms are that they can develop quickly by the communities that seek to enforce them, and they are not bound by geography. However, to date there has been scant literature dealing in any detail …

Next Door They Have Regulation, But Not Here …: Assessing The Opinions Of Actors In The Opaque World Of Unregulated Lobbying, John Hogan

Articles

The lobbying of government by various interests is regarded as central to the democratic process. Deliberative democratic theorists tell us that the regulation of lobbying has a positive effect on political systems, and the behaviour of those within them. Yet, only a small number of democracies have implemented legislation regulating lobbyists’ activities. Even within these countries, certain jurisdictions still have not enacted lobbying regulations. Here we examine the attitudes of actors in these unregulated provinces, states and institutions towards the idea of lobbying legislation. This ensures that in the broader context the actors we deal with have knowledge of lobbying …

Finally: An Ombudsman, Press Council And Code Of Conduct For Ireland, Michael Foley

Articles

Ireland finally produced a Press Council following many years of discussion and debate. Much of this debate surrounded the issue of reforming defamation legislation. A Press Council was seen as a concession by newspaper proprietors in return for new libel laws. The Council as finally agreed included members representing civil society as well as journalists.

Regulating Lobbyists: A Comparative Analysis Of The Usa, Canada, Germany And The European Union, Raj Chari, Gary Murphy, John Hogan

Articles

Lobbying is central to the democratic process. Yet, only four political systems have lobbying regulations: the United States, Canada, Germany and the EU (European Parliament). Despite works offering individual country analysis of lobbying legislation, a two-fold void exists in the literature. Firstly, no study has offered a comparative analysis classifying the laws in these four political systems, which would improve understanding of the different regulatory environments. Secondly, few studies have analysed the views of key agents - politicians, lobbyists and regulators - and how these compare and contrast across regulatory environments. We firstly utilise an index measuring how strong the …

Cbc.Ca - Broadcast Sovereignity In A Digital Environment, Brian O'Neill

Articles

Canadian Broadcasting Corporation (CBC), like many public broadcasters, has identified the value of branding their services on the world wide web as a crucial element in the strategy to bring radio into the digital era. Their approach highlights a number of strategically important issues facing broadcasters in the current environment. The internet, in Canadian terms, is an unregulated space and a not particularly Canadian space. Just as in the terrestrial environment, broadcasters like CBC have to operate in an environment dominated by United States-based interests. The regulatory solutions that Canada has previously pursued in order to preserve cultural sovereignty may …

Becoming Visible: The Ada's Impact On Healthcare For Persons With Disabilities, Mary Crossley

Articles

This Article will adopt the perspective of individuals with disabilities in their encounters with the health care finance and delivery system in the United States, and will pose the question of what the past decade has shown the ADA to mean (or not mean) for those individuals' ability to seek, receive, and pay for effective health care services. To that end, this Article will provide an overview of three broad areas on which the ADA has had varying degrees of impact.

Part II of the Article will examine how the ADA has affected the rights of an individual with a …

Direct Effect Of International Economic Law In The United States And The European Union, Ronald A. Brand

Articles

One of the most important and challenging issues in international law is the manner in which we address the relationship between the individual and the international legal system. The traditional framework, in which we set a "sovereign" government between the individual and the development and application of the rules, is no longer sufficient in all circumstances. The fact that governments feel insecure or threatened by the application of international legal rules in actions brought by individuals is not sufficient reason to preclude that development. The purpose of government is not to perpetuate traditional power structures, it is to provide security …