Suchergebnisse

The recent U.S. Supreme Court ruling
to keep in place Louisiana's most recently-enacted congressional
reapportionment plan for now draws to a close the first phase of a struggle that
ultimately should define jurisprudence in this area for decades to come. Four
distinct winners and losers have emerged from this -- for now.

That map contains two majority-minority districts,
but was declared unconstitutional by a three- judge panel last month. Despite
that, the Court, citing the controversy as yet unresolved so close to the start
of the elections process, halted that injunction in order to provide adequate
administration of the 2024 elections. The timing was such that the trial's
remedial phase could have produced a constitutional alternative, likely a plan
very close to the 2022 single M/M version that was prevented from implementation
but never had a trial on its merits, but the Court majority decided not to let
that play out as a signal it will take up this case over the next year.

The map to be used this fall is highly unlikely to
survive that scrutiny, thus to understand who wins and who loses, the short and
long run must be analyzed for each, although one is pretty easy to figure out:
national Democrats win in the short run. Essentially, they pick up an extra
seat in the House of Representatives for 2025-26. As certainly they would lose
it in 2026 elections by which time the Court most likely will have ruled a
single M/M map can be drawn legally, but as the 2024 outcome could be close
between the two major parties, for this cycle every seat helps.

The biggest loser, in both the short and long
term, is GOP Rep. Garret Graves.
He resides in the Sixth District now M/M that clips Shreveport, takes a bite
out of Alexandria along the way to clipping portions of Lafayette and Baton
Rouge at its southern termini, although representatives may run in any district
in the state. As a white Republican, he would face little hope of reelection in
that district.

That noted, even as his chances could be better running
in the nearby districts of GOP Reps. Clay Higgins (Third) or Julia Letlow (Fifth), if not quite as
tough as staying in the Sixth these also would be heavy lifts. Failure to win
reelection in 2024 substantially reduces his chances of reentering Congress even
with a 2026 single M/M map, so this could finish his elective career.

In his place arrives the biggest short run winner,
black Democrat state Rep. Cleo Fields.
Having served two terms in severely gerrymandered districts declared unconstitutional,
he appears likely to complete the hat trick with yet another as a big favorite
in the Sixth. The almost certain junking of this map won't leave him a place running
in 2026, but he will be 64 by then and likely ready to call it a (checkered
political) career, with a nice parting gift of two last years in Washington
28 years after his previous stay.

Finally, the short-term loser but long-term winner
is Republican Gov. Jeff
Landry. He loses only in the sense that he backed a map that for one election
cycle harms his political party, hopefully not for him in a way that costs the
GOP the House. Perhaps he believed the timing would work out where the
judiciary would install a remedial single M/M map upon rejection of the obviously
flawed map to be used this cycle – one with a district not much different from
a map three decades ago supposed to fix Fields' unconstitutional district that
itself was declared unconstitutional – but it didn't work out.

Nonetheless, with a good chance the Court eventually
will declare unconstitutional giving race a preferred position among
reapportionment criteria using this case based on the map Landry preferred,
Landry will have a single M/M map later in his term that almost certainly will
flip the seat back into the GOP column. Additionally, along the way he reduced,
if not removed, an intra-party rival in the form of Graves who backed a Landry
opponent in last year's governor's race, as well as aided a quasi-ally in
Fields, an influential figure particularly among black political activists in
the Baton Rouge area who kept his distance from the governor's race even though
it featured a quality black Democrat candidate. A promotion also removes Fields
from a position of influence in the state Senate.

If Democrats end up winning the House by a single
seat, Landry will face heated criticism. Otherwise, given the political dynamics
involved and the chance to steer reapportionment law in a historical direction
to his party's liking, Landry comes off on the plus side in all of this.

AbstractThe ban on preenforcement review found in CERCLA section 113(h) is one of the most important and staunchly defended tools in the CERCLA enforcement toolbox. Courts have consistently ruled that challenges to CERCLA cleanups cannot be filed prior to enforcement, and that a broad reading of the section 113(h) ban is necessary to ensure that the Environmental Protection Agency (EPA) and other agencies exercising CERCLA enforcement authority can clean up sites quickly, without the delay caused when parties unhappy with the cleanup file lawsuits. Until recently, courts agreed that section 113(h) applied equally to private and federal facility cleanups. In Fort Ord Toxics Project v. California Environmental Protection Agency, however, a federal court of appeals reversed the decision of a district court and held, for the first time, that section 113(h) does not apply to federal facility cleanups conducted pursuant to CERCLA section 120. In doing so, however, the court failed to consider legislative history indicating that Congress did not intend to treat private and federal sites differently for purposes of section 113(h). The court also failed to acknowledge that its holding is justified by no compelling policy, and will, in fact, seriously undermine the purposes of CERCLA.

Human rights — 465Access to court — Right to a hearing within a reasonable time — Criminal proceedings — Proceedings lasting more than thirteen years — Determination of relevant period according to date of acceptance of right of individual petition — Reasonableness of length of proceedings assessed according to particular circumstances — Excessive workload of national court — Temporary back-log of business — Whether delay justifiable — Whether a matter of structural organization — Effect of failure to take remedial action — European Convention on Human Rights, 1950, Article 6(1)State responsibility — For acts of judiciary — Temporary backlog of cases — Whether a matter of structural organization — Failure to take timely remedial action — Whether engaging responsibility of State — European Convention on Human Rights, 1950, Article 6(1)Damages — Human rights violations — Unreasonable delay in criminal proceedings — Loss of employment opportunity — Just satisfaction — Whether including award for retroactive instatement in employment — Power to order adoption of legislative measures — European Convention on Human Rights, 1950, Article 50

535Human rights — Access to court — Right to hearing within a reasonable time — Proceedings lasting over seven years — Delay principally attributable to conduct of national authorities — Single period of over four years when no investigative measures taken — Back-log of cases — Whether temporary — Absence of remedial action — Whether a violation of right to hearing within a reasonable time — European Convention on Human Rights, 1950, Article 6(1)Human rights — Right to fair trial — Investigative measures — Duty of national courts to assess usefulness — Application for appointment of medical expert in contentious proceedings — National courts refusing to appoint — Whether proceedings fair as a whole — European Convention on Human Rights, 1950, Article 6(1)State responsibility — For acts of the judiciary — Back-log of cases — Failure to take remedial action — Whether engaging responsibility of State

AbstractMany states are redesigning their college remediation policies to increase postsecondary degree completion. In 2012, Tennessee began waiving college math remediation for high school students who completed a computer‐based remedial math course (SAILS) during their senior year. Using a regression discontinuity design, we find that the high school remedial course did not improve students' math achievement any more than the typical senior year math course (although it
did allow students to avoid the cost and delay of remedial math in college). Using a difference‐in‐difference design, we find that completing SAILS boosted enrollment in college‐level math among first‐year community college students by nearly 30 percentage points, with nearly half of new enrollees passing the college‐level course. Such students had, however, only completed 1.5 additional college courses after two years. In 2015, Tennessee community colleges implemented "co‐requisite" remediation, allowing students to complete remediation alongside college‐level math. Under the co‐requisite policy, completing SAILS no longer produced any boost in college credits. Although both alternatives to pre‐requisite remediation produced modest gains for students and taxpayers, remediation requirements are not a primary driver of low degree completion rates.

The American legal profession got its start under a cloud of public disapproval in part inherited from England, which resulted in low standards of legal education and tardiness in establishment of effective professional organizations, canons of ethics, and disciplinary procedures. Commendable progress has been made on these fronts, especially since the early years of this century, but more remains to be done. Ethical and dis ciplinary problems of lawyers today chiefly involve mishandling of funds, solicitation of legal business, and improper trial prac tices, including use of delay. Important remedial measures now needed include more adequate attention to ethics and professional responsibility in law school, further adoption of the principle of the unified state bar, revision and uniformity in the canons of ethics, and adoption of various specific meas ures against delay in court, along with more control of trials by better qualified judges and refusal of clients to request or condone sharp practices by their attorneys.

Omar Khadr stands for the melancholy proposition that Canadian courts will recognize a rights violation without demanding an effective remedy. Over the years, Khadr secured many legal remedies, but not the one he sought most: a repatriation order. Why? This paper ventures explanations by viewing the final five Khadr judgments through the lenses of corrective and equitable justice. The final section of the paper recasts the case for the repatriation of Omar Khadr based on two principal arguments. First, a context of structural injustice suggests the application of equitable remedial principles rather than corrective justice, even in the transnational context in which Canada cannot impose structural remedies. Second, the Khadr case suggests that declaratory relief is not an appropriate remedy when delay may cause irreparable harm and where the government may be credibly suspected of bad faith.

An intervention trial using "before-and-after" approach was undertaken to address the question whether network analysis as a health managerial tool of control can favourably affect the delays that occur in planning and executing the antimalaria operations of a Station Health Organization in a large military station. Exposure variable of interest was intervention with a network diagram, by which the potential causes of delay along the various activities were assessed and remedial measures were introduced during the second year. Sample size was calculated using conventional alpha and beta error levels. The study indicated that there was a definite beneficial outcome in that the operations could be started as well as completed in time during the intervention year. There was reduction in time requirement in 5 out of the 9 activities, the exact 'p' value being 0.08, by both parametric and non-parametric tests. The use of network analysis in health care management has been recommended.

This paper considers alternative policies for promoting skill formation that are targeted to different stages of the life cycle. We demonstrate the importance of both cognitive and noncognitive skills that are formed early in the life cycle in accounting for racial, ethnic and family background gaps in schooling and other dimensions of socioeconomic success. Most of the gaps in college attendance and delay are determined by early family factors. Children from better families and with high ability earn higher returns to schooling. We find only a limited role for tuition policy or family income supplements in eliminating schooling and college attendance gaps. At most 8% of American youth are credit constrained in the traditional usage of that term. The evidence points to a high return to early interventions and a low return to remedial or compensatory interventions later in the life cycle. Skill and ability beget future skill and ability. At current levels of funding, traditional policies like tuition subsidies, improvements in school quality, job training and tax rebates are unlikely to be effective in closing gaps.

AbstractBetween 1992 and 1996 the U.S. Department of Housing and Urban Development (HUD) settled a number of legal cases involving housing authorities and agreed to take remedial action as part of court‐enforced consent decrees entered into with plaintiffs. These housing authorities faced significant obstacles that impaired their ability to comply swiftly and fully with all of the elements in the desegregation consent decrees. The obstacles fell into two broad categories: contextual obstacles (racial composition of waiting lists and resident populations, lack of affordable rental housing, and inadequate public transportation), and capacity and coordination obstacles (conflict among implementing agencies and ineffective monitoring by HUD). Findings presented here highlight the sizable potential delay between the time a legal remedy is imposed and when plaintiffs in public housing segregation disputes realize any benefits. They also reinforce the argument that implementation problems will be legion when policies impose a significant scope of required changes on a large number of actors who must collaborate, yet are not uniformly capable or sympathetic to the goals being promoted. © 2003 by the Association for Public Policy Analysis and Management.

BACKGROUND: Specific learning disorder (SLD) is a neurodevelopmental disorder characterized by impairment in reading, written expression, and mathematics. The government provides several educational and social benefits to students with SLD, hence, an accurate assessment of the prevalence of SLD is important. This study is an attempt to find the prevalence of SLD and its determinants among the school-going children in Ernakulam district, Kerala, India. METHODS: School-going children from the fourth standard to the seventh standard were included in the study. Multistage stratified cluster sampling was used. The screening for SLD was done using the LD screening tool, and confirmation of the diagnosis was made using the NIMHANS index for SLD and Malin's Intelligence Scale for Indian Children (MISIC). RESULTS: The prevalence of SLD was 16.49% (95% CI =14.59-18.37). The prevalence of impairment in reading, written expression, and mathematics was 12.57%, 15.6%, and 9.93%, respectively. Binary logistic regression analysis showed that male gender, low birth weight, presence of developmental delay, family history of poor scholastic performance, and syllabus were independently associated with SLD. CONCLUSIONS: The study found a higher prevalence of SLD (16.49%) and certain modifiable determinants of SLD were identified. It highlights the need for early detection and remedial measures for children with SLD.

The labour absorptive capacity of the economy is not keeping
pace with labour supplies. An almost stagnant annual demand, estimated
on the basis of the last few labour force surveys as ranging between
700,000 to 800,000 annually, is now being left far behind by a labour
force whose stock is being added by over a million annually.l This
phenomenon is building up pressure on the domestic labour market.2 This
situation, however, does not seem to be fully explained by the arguments
of: (i) a net-return flow in overseas migration, (ii) saturation in the
public sector employment, (iii) increasing capital intensity in the
organised manufacturing sector, especially in its large-scale units, and
(iv) worsening landman ratio in Pakistan's agriculture. Most of them, in
fact, are the outcome of the absence of sufficient and meaningful
considerations on employment and manpower development in the whole
process of development planning and setting sectoral priorities.
Otherwise emergence of this negative situation, to a large extent, could
have been avoided. Fortunately, the problem of under-utilisation of
manpower, though continuously on the rise, has not assumed such
proportions as could not be addressed by appropriate policy
interventions. But a further delay in evolving concrete remedial
measures, certainly, can lead to the point of no return. This then would
be counter-productive and disruptive socio-economically. The author, in
this paper, attempts to indicate the existence of possibilities of
generating gainful employment opportunities in some sectors/sub-sectors
and regions of the economy as well as for certain target
groups.