Presidential Review: The President’s Statutory Authority Over Independent Agencies

2020 ◽  
Author(s):  
Cass R. Sunstein ◽  
Adrian Vermeule
Keyword(s):  
Statutory Authority

National Guidelines for Statewide Implementation of EMS “Do Not Resuscitate” (DNR) Programs

1994 ◽  
Vol 9 (2) ◽  
pp. 137-139 ◽  
Author(s):  
◽  
Keyword(s):  
Home Health Care ◽  
Terminal Illness ◽  
Respiratory Arrest ◽  
Chronic Illnesses ◽  
Do Not Resuscitate ◽  
National Guidelines ◽  
Loved One ◽  
Statutory Authority ◽  
Attending Physicians ◽  
Dying Patient

With the growth of hospice and home health care, more patients with terminal illness are electing to avoid hospitalization until the final stages of illness. Many of these patients, as well as others with advanced chronic illnesses, have decided with the help and support of their attending physicians, that they do not wish to be resuscitated in the event of cardiac or respiratory arrest. However, as death draws near, well-meaning family or friends, or perhaps the patient, may call emergency medical services (EMS) personnel to transport the dying patient to the hospital; the prehospital providers who respond to these calls may be the last medical persons to attend terminally ill patients at home or in nursing homes. In many cases, these calls to EMS personnel are intended only to obtain transportation or comfort measures for the loved one. However, unless the state provides statutory authority for EMS personnel to honor a “do not resuscitate” (DNR) order, there may be a requirement for such personnel to attempt resuscitation, regardless of the patient's wishes and the physician's directive.

scholarly journals Pharmacy-Based Tuberculosis Skin Testing (TST): Approaches to Legal Authority

2017 ◽  
Vol 8 (2) ◽  
Author(s):  
Dylan Atkinson ◽  
Allison M. Dering-Anderson ◽  
Alex Adams
Keyword(s):  
Skin Testing ◽  
Latent Tuberculosis ◽  
The United States ◽  
Legal Authority ◽  
Purified Protein Derivative ◽  
Independent Prescribing ◽  
Track Record ◽  
Statutory Authority ◽  
Derivative Products

The Mantoux Tuberculin Skin Test (TST) is the standard method for detecting latent tuberculosis and has been provided by pharmacists since at least 2006. In the largest published study of pharmacy-based TST involving 578 patients, the most common reason for obtaining the test were employment or school requirements.Pharmacists have demonstrated high rates of follow-up for the reading of the test, reported to be 92.8% to 94.4%. The biggest barrier to pharmacy-based TST is that a prescription is required for the two tuberculosis (TB) purified protein derivative products available on the market in the United States. States have adopted three strategies to enable pharmacy-based TST prescribing: 1) collaborative practice agreements; 2) statewide protocols; and 3) independent prescribing. These three approaches are reviewed, with a focus on the New Mexico statewide protocol and the recent statutory authority in Idaho that grants pharmacists independent prescriptive authority for TST. States may consider pursuing more autonomous models of TST prescribing given the safety and track record of this service at pharmacies.   Type: Commentary

scholarly journals How Obama’s Immigration “Executive Action” Respects the Rule of Law

2018 ◽  
Author(s):  
Peter M. Shane
Keyword(s):  
Rule Of Law ◽  
Undocumented Immigrants ◽  
Justice Department ◽  
The Rule Of Law ◽  
Executive Authority ◽  
Statutory Authority ◽  
Executive Action

This article defends President Obama’s actions on immigration as consistent with the rule of law: they were rooted in statutory authority; the President did not advance innovative claims of inherent executive authority to support the DHS programs; the Justice Department articulated limiting principles for DHS non-enforcement discretion that plainly and persuasively distinguished the DHS programs from other cases in which courts have condemned administrative inaction as an abdication of statutory responsibility; the programs enhanced DHS accountability for the administration of the deportation system; and the programs reduced the exercise of arbitrary discretion in the handling of individual cases involving undocumented immigrants.

Decade of Change: The Remaking of Forest Service Statutory Authority during the 1970s

1986 ◽  
Vol 17 (1) ◽  
pp. 97
Author(s):  
James J. Kennedy ◽  
Dennis C. LeMaster
Keyword(s):  
Forest Service ◽  
Statutory Authority

Sustainable Well-Being in Israel

2021 ◽  
Author(s):  
Menahem Yaari ◽  
Elhanan Helpman ◽  
Ariel Weiss ◽  
Nathan Sussman ◽  
Ori Heffetz ◽  
...  
Keyword(s):  
Well Being ◽  
Central Bureau ◽  
Expert Committee ◽  
Cultural Resources ◽  
Social Scientists ◽  
Statutory Authority ◽  
Israeli Government ◽  
The Government ◽  
National Significance ◽  
Academy Of Sciences

Well-being is a common human aspiration. Governments and states, too, seek to promote and ensure the well-being of their citizens; some even argue that this should be their overarching goal. But it is not enough for a country to flourish, and for its citizens to enjoy well-being, if the situation cannot be maintained over the long term. Well-being must be sustainable. The state needs criteria for assessing the well-being of its citizens, so that it can work to raise the well-being level. Joining many other governments around the world, the Israeli government adopted a comprehensive set of indices for measuring well-being in 2015. Since 2016, the Israel Central Bureau of Statistics has been publishing the assessment results on an annual basis. Having determined that the monitoring of well-being in Israel should employ complementary indices relating to its sustainability, the Ministry of Environmental Protection, the Bank of Israel, the Central Bureau of Statistics, and Yad Hanadiv asked the Israel Academy of Sciences and Humanities to establish an expert committee to draft recommendations on this issue. The Academy's assistance was sought in recognition of its statutory authority "to advise the government on activities relating to research and scientific planning of national significance." The Committee was appointed by the President of the Academy, Professor Nili Cohen, in March 2017; its members are social scientists spanning a variety of disciplines. This report presents the Committee's conclusions. Israel's ability to ensure the well-being of its citizens depends on the resources or capital stocks available to it, in particular its economic, natural, human, social, and cultural resources. At the heart of this report are a mapping of these resources, and recommendations for how to measure them.

Planning Agreements; Planning Obligations; and the Community Infrastructure Levy

2019 ◽  
Author(s):  
Ashley Bowes
Keyword(s):  
Local Planning ◽  
Statutory Authority ◽  
The Town ◽  
Country Planning ◽  
Community Infrastructure

Planning obligations are a development from the power first given to local planning authorities by s 34 of the Town and Country Planning Act 1932 to enter into planning agreements with landowners for regulating the development or use of their land. From that Act, the power found its way into the Town and Country Planning Act 1947; and thence into the Town and Country Planning Act 1971 as s 52. On the consolidation of planning legislation in 1990, s 52 of the 1971 Act was replaced by s 106 of the Town and Country Planning Act 1990 as the new statutory authority for the power to enter into planning agreements. Now, following the passing of the Planning and Compensation Act 1991, the original s 106 of the 1990 Act has been replaced in its entirety by new ss 106, 106A, and 106B which have been inserted into the 1990 Act in its place. The replacement sections also introduced new arrangements and new terminology. From 25 October 1991, the power to enter into a ‘planning agreement’ under the 1990 Act was repealed and replaced by the power to enter into a ‘planning obligation’.

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