This comment examines the thesis that the political process by which laws are enacted has constitutional significance and concludes that legislation enacted directly by voters warrants heightened judicial scrutiny under the fourteenth amendment. Part I chronicles the historical development of the initiative and referendum and surveys contemporary applications. Parts II and III examine the political underpinnings and ramifications of direct democracy and the constitutionality of the initiative process. Finally, Part IV proposes a constitutional law framework for heightened judicial scrutiny of laws enacted by popular vote.
Child sexual abuse (CSA) is a major global health challenge. Extant literature shows that CSA is prevalent in Kenya. As a signatory of the United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child, the Kenyan government is mandated to ensure that children are protected from sexual abuse through sound laws and policies. This paper reviews existing laws and policies on CSA and highlights their strengths and weaknesses. Our findings indicate that laws on child protection exist and are protective to a large extent, as harsh penalties are outlined for sexual offences. Survivors of CSA are entitled to free legal and medical services. However, there are no reparations offered to survivors in criminal proceedings. Moreover, there is no legislation on age-appropriate comprehensive sexuality education which plays an important role in cultivating positive gender norms and describing what constitutes CSA and reporting procedures. The national standard operating procedures for the management of sexual violence against children lack CSA screening procedures. There is urgent need for review of these laws and policies and development of multisectoral protocols at the national and county level, that outline roles and responsibilities for various service providers, supervisory and accountability measures and referral networks.
This paper is concerned with in kind benefits received by workers and how they are treated in national laws – in particular whether the value of in kind benefits are considered as partial payment of wages and, if so, under what conditions and how their monetary value is determined. This review is based to a large extent on information on national laws in 162 countries from around the world. This analysis is supplemented by analysis of how in kind benefits are treated in International Labor Organization ("ILO") conventions; laws and regulations of the federal government and five states in the United States; and collective bargaining agreements from six developing countries. Despite data limitations, this is, as far as we know, the most comprehensive and systematic international review of in kind benefits and how they are treated as partial payment of wages.
Pharmacy technicians are essential for inner workings of pharmacy teams and their depth of involvement in roles continues to evolve. An innovative role for pharmacy technicians, administration of vaccines, has emerged. With Idaho, Rhode Island, and Utah recently implementing changes that allow pharmacy technicians to safely perform this role, the need arose for a detailed examination of the law climate in all 50 states and the District of Columbia. A nine-question survey was sent out to all 51 state boards of pharmacy inquiring to legislative and regulatory environment of pharmacy technician vaccine administration. Additionally, a protocol driven, peer-reviewed process of state-specific regulations and statutes revealed categorized trends pertaining to this topic. Each state was classified per protocol into four different categories. The categorization resulted in identification of nine states in which pharmacy technician administered vaccination may be considered "Not Expressly Prohibited". A majority of states were categorized as prohibited (either directly or indirectly). Board of pharmacy respondents (43%) reported varying viewpoints on technician administered vaccines. While three states (Idaho, Rhode Island, Utah) have already made changes to allow for pharmacy technician administered vaccinations, opportunities exist for other states to consider changes to statutes or rules.
Pharmacy technicians are essential for inner workings of pharmacy teams and their depth of involvement in roles continues to evolve. An innovative role for pharmacy technicians, administration of vaccines, has emerged. With Idaho, Rhode Island, and Utah recently implementing changes that allow pharmacy technicians to safely perform this role, the need arose for a detailed examination of the law climate in all 50 states and the District of Columbia. A nine-question survey was sent out to all 51 state boards of pharmacy inquiring to legislative and regulatory environment of pharmacy technician vaccine administration. Additionally, a protocol driven, peer-reviewed process of state-specific regulations and statutes revealed categorized trends pertaining to this topic. Each state was classified per protocol into four different categories. The categorization resulted in identification of nine states in which pharmacy technician administered vaccination may be considered &ldquo ; Not Expressly Prohibited&rdquo ; . A majority of states were categorized as prohibited (either directly or indirectly). Board of pharmacy respondents (43%) reported varying viewpoints on technician administered vaccines. While three states (Idaho, Rhode Island, Utah) have already made changes to allow for pharmacy technician administered vaccinations, opportunities exist for other states to consider changes to statutes or rules.
In: The Conference Dedicated to the 20th Anniversary of the Constitutional Court of Romania and to the 100th Anniversary of the Assertion of Constitutional Review of Laws in Romania – Synthesis Report, 2013
In: Organization studies: an international multidisciplinary journal devoted to the study of organizations, organizing, and the organized in and between societies, Band 45, Heft 5, S. 770-772