Suchergebnisse

In "The Impact of Mandatory Bottle Deposit Legislation" (see SA 26:3/J3744), G. Santoni & T. N. Van Cott concluded that recent beverage container legislation in Ore & Vt has not effectively reduced litter or boosted return rates. Their measure -- % of returnable containers actually returned -- cannot give an accurate picture. A subsequent experiment at Yosemite National Park supports the effectiveness of such legislation. In Reply: "The Impact of Mandatory Bottle Legislation," Gary J. Santoni & T. N. Van Cott (Calif State U, Northridge) claim that Loomis misunderstood the issue in question, which is not whether the % of containers returned will rise with legislation, but what the detriment is to the mutual exchange between producers & consumers. In agreement with Loomis, further research is required to establish the actual benefits of such legislation. S. Stanton.

Though international & domestic terrorism in the US has not increased significantly in recent years, sensationalist media practices may have contributed to the increased attention they have received from politicians, law enforcement, & the public. It is argued that the fight against terrorism has become an effective political instrument to establish & preserve moral boundaries of a democratic society, as well as foster individual political interests by diverting public sentiment away from more pressing social problems. Proposed federal legislation aimed specifically at terrorism is examined in light of existing state statutes & supplementary legislation enacted through the end of 1981, & potential problems are highlighted, specifically: (1) the ambiguity & nonutilitarian nature of terrorism-specific statutes; & (2) the possibility of governmental misuse through overextension of the concept of "threat," which could infringe on civil & constitutional rights to political dissent. It is further argued that, though an analysis of terrorism must consider motivational aspects in order to decide on reactive deterrent strategies, this must not interfere with the legal issues involved. 1 Table. K. Hyatt.

Ontario's human rights legislation is based upon the premise that a person is not free if, by reason only of his particular race, color or creed, he is denied employment, housing or access to services & accommodation which are normally available to the public. The history of the legislation is outlined, from the Anti-Slavery Act of 1793 through a series of statutes passed between 1944 to 1961 which were consolidated into the Ontario Human Rights Code of 1962 & subsequent amendments. The functions of the Ontario Human Rights Commission are analyzed in 3 areas: (1) compliance & enforcement; (2) educ; (3) res. The section on compliance & enforcement describes the process of conciliation of complaints, the role of the Board of Inquiry, the usual terms of settlement, & the possibility of prosecution & fines. There is no functional division between the Commission's conciliation, enforcement & educ programs, & educ frequently plays an important part in the conciliation of complaints. The educ'al program is 3-fold: (A) publication & distribution of literature; (B) the establishment of working relationships with religious, labor voluntary assoc 's & municipal councils involved in combating prejudice & discrimination; (C) sponsorship of meetings with employee, ethnic & immigrant groups. Major assistance has been given to local communities affected by racial tension or strife. A further educ'al program involves obtaining specific voluntary agreements signed & implemented among employers, employment agencies, apartment developers & real estate interests. Res by Ontario U's is sponsored by the Commission into SE conditions of immigrant & minority groups in order to provide factual information to buttress the Commission's educ'al & enforcement program. AA.

A critique is presented of Gary J. Santoni's & T. Norman Van Cott's claim that mandatory deposits on beverage containers will not change the number of containers (see SA 26:3/78J3744). Their estimate of consumer's surplus is more than three times the correct figure; & their attempt to assess litter reduction benefits in terms of pickup costs is completely inadequate. In Bottle Deposit Legislation: A Reply, Gary J. Santoni & T. Norman Van Cott (California State U, Northridge) find basic confusions in Porter's conceptual approach to issues of cost & benefit; in addition, Porter does not empirically establish the benefits whose existence he claims modify the original conclusions. Further, while asserting that there is no controversy over the decrease in litter in Ore following mandatory deposit legislation, Porter disregards the increase in other kinds of litter, which can be interpreted plausibly as derived from substitutes for foregone bottled beverage consumption. Porter does not provide adequate evidence for claimed net benefits. Modified HA.

Factors underlying voting on a voluntary sterilization bill.

Reasons whi society suffers when a class of its citizens is arbitary denied equal opportunity are enumerated, It is asked, to what extent is the law capable of dealing with the kinds of discrimination at issue, & to what extent is the law a desirable tool with which to attempt the elimination of this evil. The appropriate sphere for law is seen to be action, not belief. Law can be effective as an instrument to control conduct. Legislation re discrimination is practical & enforceable as long as adequate enforcement machinery & procedures are provided. However, while the law can usually make men act in certain ways, it cannot assure that they will do so from stipulated motives. The law is seen as a desirable tool to combat prejudice because it tends to dissipate prejudice by inducing certain habits of conduct which themselves become educ'al experiences. Further, educ will never be 100% effective; there will always be a substantial number of individuals who cannot be persuaded to discard their prejudice. Anti-discrimination laws are therefore prerequisites to the elimination of the really hard-core discriminatory conduct. In the areas of the Sch's, housing, employment, & public accommodation, educ'al efforts unaccompanied by law are ineffective. Also, many people would discontinue their discriminatory business practices if they could find a sufficient excuse. Approaches to the enforcement of anti-discrimination statutes used in the US are discussed: criminal prosecution, private civil suit for damages, & admin'ive enforcement. The latter approach is seen as most advantageous. An attempt is made to indicate the exact scope of the prescriptions embodied in such laws. E. Weiman.

The relationship between public opinion & demonstrations to the passage of federal civil rights legislation since World War II. Data were obtained from three sources: (1) holdings of the Roper public opinion Research Center, (2) national election studies of the University of Michigan Center for Political Science, & (3) the General Social Survey of the National Opinion Research Center. Data concerning public opinion about education, employment, housing, civil rights & speed of integration were obtained both before & after the passage of legislation. Analysis indicates that Congress passed such legislation when substantial majorities of the population favored equal rights & the proportion favoring equal rights was clearly increasing. The evidence is consistent with the notion that civil rights demonstrations played a significant role in the passage of the legislation. Both demonstrations & changes in public opinion about civil rights & integration appear to have been necessary components of the drive to provoke congressional action. Analysis also indicates that favorable attitudes toward equal rights in education, employment & housing were found to increase after the passage of legislation. 7 Figures, Appendix. Modified HA.

A reprint from The Southwestern Political & Social Science Quarterly, 1928, 9, Sep, 2, 144-165. The protests of the US State Dept against certain legislation affecting mineral rights & land ownership in Mexico as confiscatory & therefore in violation of internat'l law are mentioned. The provisions of the Mexican law against which the protests have been lodged are examined & a definition of what constitutes confiscation is offered. Then the provisions of internat'l law which are said to make such legislation null & void are examined. The laws against which US protests were lodged were inherited from an earlier period of Mexican history & from the Spanish regime. The US State Dept held that they were confiscatory & therefore in violation of internat'l law. The Supreme Court of Mexico merely declared that they were in violation of the Mexican Constitution & therefore null & void. It is shown that the US considers confiscation of property all right if it is carried out for moral, sanitary, or olefactory considerations in the US. But if it Is based on difuciary considerations or the philosophy of the soc use of property in Mexico, the US thinks it all wrong. The people with agri'al holdings in Mexico do not seem to have raised any great furor against confiscation, but the oil Co's (Doheny, Sinclair, & Mellon) have. This raises the question how far a nation is morally bound to go in affording protection abroad to corp's which it is prosecuting at home for violation of its own laws. Harry Sinclair has already been convicted for contempt of the US Senate; Doheny narrowly escaped conviction of a criminal charge. While the US Dept of Justice has attempted to put these men behind prison bars, the US State Dept has been defending their interests in Mexico. M. Maxfield.

It is felt that legislation will help to make PO poll data more reliable. The author's own effort to introduce a bill (unsuccessfully) in the 91st US Congress in this context are recounted. Pol'al candidates use polls & sometimes feel abused by polls. One pol'al candidate went to court over a poll-the case of Citizens for Ferency vs Market Opinion Res, Michigan State, 1966. This case is briefly described. It highlighted one particular problem: 'You cannot direct your action, legal or legislative, against a newspaper because of `freedom of the press' considerations.' In this case, the defendant argued for dismissal on the grounds that his method of polling was a `trade secret' & therefore protected against disclosure. The judge granted a temporary injunction, & then dismissed the petition altogether on grounds that the plaintiff could not prove damages. Since then, the type of information called for in Nedzi's Congressional bill has generally appeared with gratifying regularity in published accounts of poll results. The reasons why disclosure is desirable are briefly reviewed. Congress should have hearings focusing on the following: (1) Are PO polls trustworthy? (2) Do PO polls guide opinion as well as measure it? (3) Is some public disclosure necessary as a safeguard against misrepresentation or misunderstanding? (4) Can regulations be devised to handle 'leaked' polls? (5) Do adverse polls cause a 'bandwagon' psychol to build up, damaging the candidate shown to be trailing & drying up contributions? (6) Is legislation desirable? (7) Is policy made on the basis of polls? The Nedzi Bill is summarized. M. Maxfield.