Public Health Law & Policy最新文献

{"title":"How Criminal Law Shapes Institutional Structures","authors":"A. Simowitz","doi":"10.2139/ssrn.1105409","DOIUrl":"https://doi.org/10.2139/ssrn.1105409","url":null,"abstract":"Prostitution in the United States in the early 19th century was an almost entirely individual, ad hoc, unorganized activity. In the 1910s, the Progressive Movement arrived, bringing with it enforcement of harsh criminal penalties of prostitution for the first time. Within a couple of decades, a rigorously structured, commercialized prostitution industry emerged. Prostitution transformed from a practice into an institution.This Article lays out a new theory among the unintended consequences of criminalization. Criminalization has the potential to push previously unstructured, independent, ad hoc behaviors to become structured and organized. The Article examines this relationship in the context of American prostitution from the 1850s to 1930s, using contemporaneous sources to tease out the organization of American prostitution before and after the criminalization wave of the Progressive Era. The Article then examines the economic principles that underlie this relationship, including how criminalization creates economies of scale in bargaining for government corruption. In conclusion, the Article argues that policymakers can recognize and respond to this problem in shaping criminal sanctions. Certain criminal regimes, such as partial criminalization that focuses penalties on the purchasers, rather than the sellers of sex work, may alleviate this institutionalizing effect of criminalization and avoid the harms associated with more complex and persistent institutional criminal structures. The Article thus gives theoretical support for current experiments in New York and Sweden in partial criminalization of sex work.","PeriodicalId":105371,"journal":{"name":"Public Health Law & Policy","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123924262","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Comparing Life Satisfaction","authors":"A. Kapteyn, James P. Smith, A. van Soest","doi":"10.2139/ssrn.1289423","DOIUrl":"https://doi.org/10.2139/ssrn.1289423","url":null,"abstract":"This paper analyzes the determinants of global life satisfaction in two countries (The Netherlands and the U.S.), by using both self-reports and responses to a battery of vignette questions. The authors find global life satisfaction of happiness is well-described by four domains: job or daily activities, social contacts and family, health, and income. Among the four domains, social contacts and family have the highest impact on global life satisfaction, followed by job and daily activities and health. Income has the lowest impact. As in other work, they find that American response styles differ from the Dutch in that Americans are more likely to use the extremes of the scale (either very satisfied or very dissatisfied) than the Dutch, who are more inclined to stay in the middle of the scale. Although for both Americans and the Dutch, income is the least important determinant of global life satisfaction, it is more important in the U.S. than in The Netherlands. Indeed life satisfaction varies substantially more with income in the U.S. than in The Netherlands.","PeriodicalId":105371,"journal":{"name":"Public Health Law & Policy","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-10-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126781379","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A New Soft Law Approach to Nanotechnology Oversight: A Voluntary Product Certification Scheme","authors":"G. Marchant, Douglas J. Sylvester, Kenneth W. Abbott","doi":"10.2139/ssrn.1483910","DOIUrl":"https://doi.org/10.2139/ssrn.1483910","url":null,"abstract":"Regulatory oversight of nanotechnology is necessary yet problematic. The necessity of regulation, now or later, is driven by two related concerns. First, some nanotechnologies, if left unregulated, are likely to pose very real if currently unknowable risks of significant health or environmental damage. Second, public confidence in new technologies and in the regulatory agencies that govern them may be permanently damaged if injurious nanomaterials are released without adequate, or at least the perception of adequate, oversight. Of late, we have seen numerous proposals for “soft law” solutions, at least in the short term, as well as the implementation of some soft law mechanisms. None are based on the traditional command–and-control approach, under which government agencies enact detailed regulatory requirements enforced by the threat of penalty. Instead, all reflect a variety of voluntary, cooperative or partnership approaches. However, although these approaches have many advantages, none of the currently operational regimes has fully achieved two obvious and oft-cited goals of nanotechnology regulation: (1) broad industry participation, with sufficient data submission to aid regulators in risk assessments; and (2) reassurance of public stakeholders as to government’s role in regulating emerging technologies. This article therefore proposes another soft law option that may better achieve these goals. We propose a voluntary certification scheme under which companies that produce nanotechnology products may obtain a government-supervised certification for specific products if the firms subject those products to specified safety testing, data disclosure and risk management measures. Given differing national regulatory approaches, our proposal is designed primarily for the United States. However, there is nothing in the proposal that could not be adapted for use in other jurisdictions, indeed, nothing to prevent creation of an equivalent international scheme. Part II sets up the need for new approaches by explaining why regulation of nanotechnology is largely infeasible under traditional approaches. Part III summarizes the experience and promise of current soft law regimes, as well as some of their limitations. This Part also identifies some features of successful certification systems and discusses their relevance to a nanotechnology certification system. Part IV introduces our proposal for a voluntary safety testing certification scheme, and discusses the ways in which such a scheme might gain the trust of consumers and other relevant audiences. Part V considers the elements of the scheme in greater detail. The final section is a brief conclusion.","PeriodicalId":105371,"journal":{"name":"Public Health Law & Policy","volume":"109 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115118241","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Smoking Bans, Health and Science: A Comparative Study of Policy Networks and Smoking Policies in England, Germany and Denmark","authors":"L. T. Larsen","doi":"10.2139/ssrn.1462298","DOIUrl":"https://doi.org/10.2139/ssrn.1462298","url":null,"abstract":"After long trailing the American development on tobacco control, Europe has seen a big wave of public place smoking bans in the past five years, beginning when Ireland took the plunge and banned all smoking in workplaces in 2004. Inspired by the Irish development, most European countries have now introduced their own smoke-free legislation and in most cases, the main topic of debate is the question of banning smoking in bars and restaurants to protect employees and other customers against second hand smoking.The simultaneous timing of European smoke-free legislation and the general consensus on conclusive evidence against second hand smoking hide interesting comparative differences between countries, however. What may seem like petty differences between partial smoking bans on one hand and Irish-style comprehensive smoking bans with no loopholes or dedicated smoking rooms on the other, the impact on the ground level is significant. For example, while practically no bars are entirely smoke-free in Berlin, all pubs in London are. The question is what can explain these policy differences and what this tells us about the balancing of health concerns, scientific knowledge, economy and individual rights in the formation of public health policy.The paper compares England, Germany and Denmark who all adopted legislation on second hand smoking in public places in 2007, but where the English ban is as comprehensive as the Irish, the German is a minimal one with Denmark somewhere in the middle. The paper suggests these differences can be explained by looking at the formation of policy networks around tobacco control in each country and how these networks privilege health arguments differently, in particular by granting different roles for the impact of scientific knowledge on policy. The empirical argument is backed by research interviews with policymakers, anti-tobacco advocacy groups and scientists involved in the public debate about smoking in addition to material on the policy process in each country. Altogether, this analysis should help to explain the different policy paths as well as extend our understanding of the relationship between scientific knowledge and public health policy.","PeriodicalId":105371,"journal":{"name":"Public Health Law & Policy","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131074532","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Income Distribution, Infant Mortality, and Health Care Expenditure","authors":"T. Tacke, R. Waldmann","doi":"10.2139/ssrn.1434514","DOIUrl":"https://doi.org/10.2139/ssrn.1434514","url":null,"abstract":"Do health outcomes depend on relative income as well as on an individual?s absolute level of income? We use infant mortality as a health status indicator and ?nd a signi?cant and positive link between infant mortality and income inequality using cross-national data for 98 countries. Holding constant the income of each of the three poorest quintiles of a country's population, we ?nd that an increase in the income of the upper 20% of the income distribution is associated with higher, not lower infant mortality. Our results imply that a one percentage point decrease in the income share of the richest quintile correlates with a decrease in infant mortality by nearly two percent. The surprisingly positive coe¢cient becomes insignificant when we control for public health care expenditure. Low public expenditure on health care seems to translate into limited access to health care for the poor.","PeriodicalId":105371,"journal":{"name":"Public Health Law & Policy","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126910529","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Response to Baker and Fugh-Berman’s Critique of My Paper, 'Why Has Longevity Increased More in Some States than in Others?'","authors":"F. Lichtenberg","doi":"10.2139/ssrn.1431576","DOIUrl":"https://doi.org/10.2139/ssrn.1431576","url":null,"abstract":"Dean Baker and Adriane Fugh-Berman have published a critique of a study I performed in 2007, entitled “Why has longevity increased more in some states than in others?” One of the conclusions I drew from that study was that medical innovation accounts for a substantial portion of recent increases in U.S. life expectancy. Baker and Fugh-Berman claim that my study was subject to a number of major methodological flaws. Many of their claims pertain to the role of infant mortality; the definition of drug vintage; the issue of age adjustment; and the appropriateness of controlling for AIDS, obesity, and smoking in the analysis of longevity. In this article, I make the case that their claims about my study are largely incorrect. I show that infant mortality was not an important determinant of the growth in U.S. life expectancy during the period that I studied, and that my estimates are completely insensitive to the inclusion or exclusion of infant mortality. Controlling for the age distribution of the population also has essentially no effect on the longevity equation estimates. I argue that my definition of drug vintage, based on the initial FDA approval year of a drug’s active ingredient, is quite reasonable, and it is consistent with the FDA’s evaluation of the therapeutic potential of new drugs. I argue that controlling for AIDS, obesity, and smoking in longevity analysis is entirely appropriate and consistent with the epidemiological literature. Baker and Fugh-Berman express deep skepticism about my study’s conclusion that medical innovation has played a very important role in recent U.S. longevity growth, but they offer no explanation of why life expectancy increased by almost a year during 2000-2006, a period of increasing poverty and obesity and declining health insurance coverage.","PeriodicalId":105371,"journal":{"name":"Public Health Law & Policy","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114546677","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Child Support and Educational Outcomes: Evidence from the British Household Panel Survey","authors":"I. Walker, Yu Zhu","doi":"10.2139/ssrn.1414930","DOIUrl":"https://doi.org/10.2139/ssrn.1414930","url":null,"abstract":"There is some evidence to support the view that Child Support (CS), despite low compliance rates and a strong interaction with the welfare system, has played a positive role in reducing child poverty among non-intact families. However, relatively little research has addressed the role of CS on outcomes for the children concerned. There are good reasons for thinking that CS could leverage better outcomes than other forms of income support and, using a sample of dependent children in non-intact families from the British Household Panel Survey (BHPS), we find that CS received has an effect which is at least 10 times as large as that associated with variations in other sources of total household net income for two key educational outcomes: namely school leaving at the age of 16, and attaining 5 or more good GCSEs. We show that this remarkable and strong result is robust and, in particular, can be given a causal interpretation.","PeriodicalId":105371,"journal":{"name":"Public Health Law & Policy","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122996870","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Therapeutic Jurisprudence, Legal Landscapes, and Form Reform: The Case of Diversion","authors":"D. Wexler","doi":"10.1525/FSR.2009.22.1.17","DOIUrl":"https://doi.org/10.1525/FSR.2009.22.1.17","url":null,"abstract":"This essay, prepared for a therapeutic jurisprudence workshop at the Florida Coastal Law School, will be published in the Therapeutic Jurisprudence Review of the Florida Coastal Law Review. It discusses several therapeutic and antitherapeutic legal landscapes operative in diversion, sentencing, and corrections, such as sentence credit for presentence confinement, the relevance of post-offense and post-sentence rehabilitation on sentence imposition, and the absence of motivational power in the federal mechanism of supervised release. Finally, it discusses in detail the federal diversion program, and the pretrial diversion form and related procedures as detailed in the US Attorneys Manual. The essay concludes by conceptualizing the Manual as part of the federal \"legal landscape\" of interest to the field of therapeutic jurisprudence, and suggests \"form reform\" as an important new direction of scholarship.","PeriodicalId":105371,"journal":{"name":"Public Health Law & Policy","volume":"352 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114827943","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Review of Global Policy Architecture and Country Level Practice on HIV/AIDS and Drug Treatment","authors":"R. Ali, D. Burrows, L. Gowing, R. Vial, N. Walsh, Pacifica Onyancha, E. Finnerty","doi":"10.2139/ssrn.1357336","DOIUrl":"https://doi.org/10.2139/ssrn.1357336","url":null,"abstract":"This review, funded by the U.K Department for International Development, provides an understanding of the gaps and opportunities for improving access to drug treatment, in particular opioid substitution treatment (OST), for drug users affected and infected by HIV. OST is effective in treating opioid dependency, reducing its individual and social costs. For HIV-infected, opioid-dependent injecting drug users, consistent participation in OST is associated with a higher probability of antiretroviral treatment and, amongst antiretroviral users, more consistent use of antiretrovirals. At the global policy level, there are few barriers to the introduction and expansion of OST with both methadone and buprenorphine now on the WHO Essential Drugs List, and all relevant international organisations approving and encouraging the use of OST for HIV prevention, treatment, care and support in countries where injecting drug use and HIV are found. Unfortunately, there are huge disparities in access to drug treatment, with participation in treatment in Asia and Africa being disturbingly low. Country reports from Vietnam, Kyrgyzstan and Kenya provide examples of the barriers and successes on the ground. Recommendations for donors, international organizations and public health champions include:1. Strengthen leadership at global level for access to drug treatment and, in particular, opioid substitution therapy as a key intervention in HIV prevention, treatment and care among injecting drug users. 2. Develop audit tools for donors to ensure that consideration of harm reduction interventions, prioritizing OST and needle-syringe programmes, becomes a standard part of all development work related to HIV/AIDS. 3. Support the implementation of drug treatment and, in particular, OST in country. 4. Integrate drug treatment and, in particular, OST with HIV treatment. 5. Establish comparable drug treatment programs within correctional institutions to those in the community.","PeriodicalId":105371,"journal":{"name":"Public Health Law & Policy","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115961270","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Adolescent Depression and Educational Attainment: Results Using Sibling Fixed Effects","authors":"Jason M. Fletcher","doi":"10.2139/ssrn.1402997","DOIUrl":"https://doi.org/10.2139/ssrn.1402997","url":null,"abstract":"This paper contributes to the literature on the relationship between adolescent depression and educational attainment in several ways. First, while cross sectional data are normally used to assess the importance of the relationship, this paper uses longitudinal data in order to defend against the potential of reverse causality. Second, this is the first paper in the literature to control for sibling fixed effects in examining the relationship between adolescent depressive symptoms and human capital accumulation. Importantly, this eliminates omitted factors such as family and neighborhood characteristics common to siblings that affect both depressive symptoms and educational attainments (e.g. neighborhood crime, family resources). Third, this paper examines the effects of both an indicator and scale of depressive symptoms and finds important associations with these depressive symptoms and human capital accumulation. Though not always precisely estimated, the results suggest that depressive symptoms decrease years of schooling, mainly through increasing the chances of dropping out but may have small impacts on the likelihood of college attendance (conditional on high school graduation). In particular, preferred estimates suggest that a standard deviation increase in depressive symptoms is associated with a 25-30% increase in the likelihood of dropping out.","PeriodicalId":105371,"journal":{"name":"Public Health Law & Policy","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125078897","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}