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The Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption
Hague Conference on the Protection of Children and Co-Operation in Respect of Intercountry Adoption Convention is an international treaty agreement protecting the best interests of children in international adoptions. The Hague Convention (“Convention”) establishes standards of practice that are adhered to by the member countries. The overall goal is to protect children in the international adoption process while preventing the abduction, exploitation, sale and trafficking of children. The convention applies to any US citizen who is a US resident in the adoption of any child from certain countries.
Harvey Heralds Change: The Combusting Compliance of Emergency Response to Hazardous Materials
In the wake of Hurricane Harvey’s severe flooding, the Arkema chemical plant in Crosby, Texas has made quite the media splash. Rising waters left the plant without power, forcing workers to transfer volatile organic peroxides into large refrigerated trucks with independent generators. In up to six feet of water, several of the trucks’ refrigeration systems failed, resulting in combustion of the hydrogen peroxide, a hazardous material under the Occupational Safety and Health Administration (OSHA) standards. This is not the first example of chemical plants having issues with natural disasters; there were significant hazardous material concerns after Hurricane Katrina in 2005 and more recently the Fukushima nuclear plant in 2011. With no indication that these problems will be resolved, it is important to once again look at regulations placed on chemical plants in response to emergency.
Is Nuclear Energy Here to Stay?
Nuclear power last made front-page news approximately six years ago. Unfortunately for nuclear power, headlines on the subject more often than not represent times of trouble. In regaining the spotlight in the wake of the recent announcement to discontinue construction of the new AP 1000 reactors, clean energy advocates and companies with predominantly clean energy portfolios are making headlines again. The issue, this time, is money.
Dealing with 71 Medical Licensure Boards: American Doctors Trip Over State Lines
In April 2013, members of the Federation of State Medical Boards (FSMB) and the Council of State Governments (CSG) embarked on a venture to create the Interstate Medical Licensure Compact (the Compact or IMLC), a voluntary, expedited pathway to licensure for qualified physicians who wish to practice medicine in multiple states. On April 20, 2017, the Interstate Medical Licensure Compact Commission, (IMLCC) issued its first Interstate Medical License to a Wisconsin physician who applied to practice in Colorado, setting a groundbreaking precedent in medical licensure portability. While the IMLC is a great first step toward increasing access to healthcare by expanding licensure portability, this initiative faces multiple regulatory hurdles.
Government Scrutiny of Patient Assistance Programs
In the eyes of underinsured or uninsured patients, Patient Assistance Programs (PAPs) offer access to otherwise unaffordable medications. However, there are questions being raised whether PAPs are being abused by manufacturers as an inappropriate inducement. The government is increasing its inquiries into PAPs and is beginning to take more investigative action. PAPs are often funded by charitable donations from companies who benefit from the PAP paying for co-insurance for the very drugs the company manufactures. It is essential for companies seeking to develop or maintain charitable donations to remain compliant with existing regulations, but also be aware of forthcoming regulations as a result of present actions.
Airways Circumvent Inefficient Regulation with Inefficient Workaround
A 2010 regulation heightened the in-flight hour requirements for ‘First Officers’ (i.e., copilots) from 250 hours to 1500 hours. Advocacy for this regulation came from the families of Colgan Air Flight 3407, a fatal jetliner crash which the National Transportation Safety Board (NTSB) determined was caused by pilots failing to respond to warnings that the airplane was about to stall. However, years into the implementation of the 1500 hours rule, the regulation has shown only questionable increases in flight safety. Critics argue that debatable increases in passenger safety do not offset the sharp increase in costs associated with pilot training. Instead, airlines have figured out a way to circumvent this questionably inefficient regulation by sacrificing commercial efficiency.
Putting the Brakes on New Jersey Transit
New Jersey Transit, one of our nation’s busiest commuter railroads, is no stranger to service and safety issues. Once a model agency to others, it is now the U.S. leader for breakdowns, accidents, and fines. Last year the agency logged the most accidents of the nation’s 10 biggest commuter railways, including the deadly Hoboken train crash. This past March, Todd C. Barretta took the reins of New Jersey Transit’s Chief Compliance Officer—a position that had been vacant since the agency created a safety office in 2014. He lasted a mere six months before being demoted, suspended, and ultimately fired. The New Jersey Transit system is a dysfunctional runaway train that needs an overhaul of its operating system to ensure safety for passengers and employees.
It’s Time for States to Get REAL
After years of waiting, the final implementation extension deadlines for compliance with the REAL ID Act of 2005 are near. The most recent extensions for certain states pushed the final compliance deadline to October 10, 2017. Assuming the Federal Government does not grant further extensions, by this date all 50 states must be compliant with the Act.
The 1500 Hours Rule Grounds the US Airline Industry
The 1500 Hours Rule requires first officers to have at least 1500 hours of total flight time for licensure to fly commercial aircraft. The 2010 regulation boosted the flight time requirement for first officers from 250 to 1500 hours. Due to the heightened experience requirements, regional airlines have grounded flights and reduced their services, as they have not had sufficient qualified pilots to sustain the flights.
Call for Papers: Center for Compliance Studies 2018 Symposium “What is the Role of a Regulation if it is Not Enforced?”
The Center for Compliance Studies at Loyola University Chicago School of Law and The Loyola Journal of Regulatory Compliance invite original paper submissions for presentation at our Second Compliance Studies Symposium: “What is the Role of a Regulation if it is Not Enforced?” The Symposium will take place at Loyola University Chicago School of Law …
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