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Posthumously Conceived Children: An International and Human Rights Perspective

October 22, 2014 Comments off

Posthumously Conceived Children: An International and Human Rights Perspective
Source: Journal of Law & Health

This essay considers posthumous conception from an international and child-centered approach. After a sketch in Part I of the phenomenon of posthumous conception and the complexities it evokes, Part II examines the types of issues arising in court cases concerning posthumous conception. Part III considers how courts in their rulings have addressed the welfare and best interests of posthumously conceived children and analyzes the scope and meaning of relevant decisions. Part IV looks into children’s rights or interests raised in those judicial decisions: parental acknowledgement, family structures, identity harm, and inheritance and social benefits. This part draws on the Convention on the Rights of the Child (CRC), a prime instrument to advance children’s rights on the international level, incorporating as much as possible the perspectives of children. I argue that the discourse must include concern for the rights and interests of posthumously conceived children and that a new special category of children who are “outcast” cannot stand the test of equality and non-discrimination, nor of the entrenched principles of child welfare and best interests. Moreover, I suggest that attending to children’s perspectives may illuminate the gaps in the current discourse and what needs to be addressed. Finally, Part V draws some conclusions and calls for a more relational approach to ensure that posthumously conceived children do not pay the price of their parents’ decisions and that their welfare and best interests are upheld.

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CBO — How Initiatives to Reduce Fraud in Federal Health Care Programs Affect the Budget

October 22, 2014 Comments off

How Initiatives to Reduce Fraud in Federal Health Care Programs Affect the Budget
Source: Congressional Budget Office

Observers often cite fraud as an important contributor to high health care spending, particularly in federal programs. This report describes how CBO estimates the budgetary effects of legislative proposals to reduce fraud in Medicare, Medicaid, and the Children’s Health Insurance Program (CHIP), and how those estimates are used in the Congressional budget process.

Laws on Children Residing with Parents in Prison

October 21, 2014 Comments off

Laws on Children Residing with Parents in Prison
Source: Law Library of Congress

This report provides information on select international and regional measures and the laws of 97 jurisdictions from around the world that relate to allowing children to reside in prison with an incarcerated parent. Most of the countries surveyed impose specific age limits for a child’s admission into and length of stay in prison. Additionally, most of jurisdictions surveyed require that prisons that admit children meet certain standards.

CRS — Conflict Minerals and Resource Extraction: Dodd-Frank, SEC Regulations, and Legal Challenges (October 15, 2014)

October 20, 2014 Comments off

Conflict Minerals and Resource Extraction: Dodd-Frank, SEC Regulations, and Legal Challenges (PDF)
Source: Congressional Research Service (via Federation of American Scientists)

Two sections of the Dodd-Frank Wall Street Reform and Protection Act (Dodd-Frank) require that the Securities and Exchange Commission (SEC or Commission) issue regulations to make public the involvement of U.S. companies in conflict minerals and in resource extraction payments. Supporters of the Dodd-Frank conflict minerals statute and the SEC implementing rule believe that such disclosures could have an impact on the amount of violence involved with the mining of conflict minerals. Opponents of the statute and rule argue that they require disclosures that are arbitrary and capricious and that some of the required disclosures violate the First Amendment guarantee of freedom of speech. Supporters of the resource extraction statute and the SEC implementing rule believe that they are needed to achieve the goal of the transparency of payments made by resource extraction issuers to governments in order to foster reform and anticorruption and to improve the tax collection process. Opponents believe that they are arbitrary and capricious and violate the First Amendment. Legal challenges to the statutes and regulations have occurred, based primarily on administrative law and First Amendment grounds.

Eleventh Circuit Provides Guidance for the Definition of “Foreign Official” under the FCPA, CRS Legal Sidebar (October 15, 2014)

October 20, 2014 Comments off

Eleventh Circuit Provides Guidance for the Definition of “Foreign Official” under the FCPA, CRS Legal Sidebar (PDF)
Source: Congressional Research Service (via Federation of American Scientists)

On May 16, 2014, the U.S. Court of Appeals for the Eleventh Circuit (Eleventh Circuit) issued its opinion in United States v. Esquenazi , a case important for being the first federal appellate court decision to provide guidance for and flesh out the definition of the term “foreign official” under the Foreign Corrupt Practices Act (FCPA or Act). The FCPA, first enacted in 1977 and significantly amended in 1988 (with an additional amendment in 1998 to implement the Organization of Economic Cooperation and Development (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions), was enacted principally to prevent the bribery of foreign officials. It has three major parts: 1. Requires corporations to keep accurate books, records, and accounts; 2. Requires issuers registered with the Securities and Exchange Commission to maintain a responsible internal accounting control system; and 3. Prohibits bribery by American corporations of foreign officials. (For additional information on the FCPA, see CRS Report R41466: The Foreign Corrupt Practices Act (FCPA): Congressional Interest and Executive Enforcement.)

CRS — Cybersecurity: Authoritative Reports and Resources, by Topic (October 14, 2014)

October 20, 2014 Comments off

Cybersecurity: Authoritative Reports and Resources, by Topic (PDF)
Source: Congressional Research Service (via Federation of American Scientists)

This report provides references to analytical reports on cybersecurity from CRS, other government agencies, trade associations, and interest groups. The reports and related websites are grouped under the following cybersecurity topics:
• policy overview
• National Strategy for Trusted Identities in Cyberspace (NSTIC)
• cloud computing and FedRAMP
• critical infrastructure
• cybercrime, data breaches, and data security
• national security, cyber espionage, and cyberwar (including Stuxnet)
• international efforts
• education/training/workforce
• research and development (R&D)

In addition, the report lists selected cybersecurity-related websites for congressional and government agencies, news, international organizations, and organizations or institutions.

CRS — Hydraulic Fracturing: Selected Legal Issues (September 26, 2014)

October 20, 2014 Comments off

Hydraulic Fracturing: Selected Legal Issues (PDF)
Source: Congressional Research Service (via Federation of American Scientists)

Hydraulic fracturing is a technique used to recover oil and natural gas from underground low permeability rock formations. Its use along with horizontal drilling has been responsible for an increase in estimated U.S. oil and natural gas reserves. Hydraulic fracturing and related oil and gas production activities have been controversial because of their potential effects on public health and the environment. Several environmental statutes have implications for the regulation of hydraulic fracturing by the federal government and states.

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