Data protection legislation in the United Kingdom

This paper is primarily concerned with development of data protection legislation in the United Kingdom from the late 1960s through to the enactment of the 1984 Data Protection Act. Following a series of private members' bills calling for varying degrees of privacy legislation, the UK government commissioned two significant reports in the 1970s. The first, the Younger Report on Privacy (1972), established 10 principles for the handling of personal data that were to influence data protection statutes in Europe. The Lindop Report on Data Protection (1978) examined public- and private-sector computer systems, recommending a flexible legislative environment - with a set of broad principles guiding a data protection authority in its development of codes of practice aimed at various sectors of the economy. The far-reaching nature of those recommendations can now be appreciated in the work of the modern Information Commissioner's Office, 25 years after the publication of the Lindop Report. However, the momentum created by the two studies faded during the period 1979-82. Labour and Conservative governments respectively consulted further and objected to additional bureaucracy involved in creating a data protection authority. During this period of entropy, unpublished memoranda and correspondence demonstrated how former members of the Lindop Committee maintained the pressure on government, ensuring that their work was not forgotten. Eventually, overseas legislation and the need for the UK to maintain its position at the 'crossroads of the information highway' ensured that the UK, albeit grudgingly, enacted a Data Protection Act in 1984. By that time, the UK had lost the lead in defining data protection law and policy established by the Reports of Younger and Lindop. In highlighting findings from the Committees and efforts by dedicated individuals in lobbying successive governments in the late 1970s and early 1980s, the authors demonstrate the importance of preserving historical memory.     

Work/Family Policy Stratification: The Examples of Family Support and Family Leave

In the past decade the United States Congress has debated and passed legislative policies concerned with women's work, both in the family and in the labor force. The Family Support Act of 1988 and the Family and Medical Leave Act of 1993 fall into this category of legislative policy. A comparative study of Congressional testimony in each case reveals that these two pieces of legislation are excellent examples of how federal policies—and the debates which fashion these policies—maintain and promote a system of policy stratification that perpetuates differences based on gender, race, class and marital and occupational status.     

Applying a barriers approach to monitoring disabled people's employment: implications for the Disability Discrimination Act 2005

The year 2005 witnessed the passing of the Disability Discrimination Act 2005 through Parliament. The Act responds in part to the perceived need for more proactive legislation that seeks to encourage good employer and service provider practice from the outset and diminish discriminatory action. This article focuses on the employment provisions of the 2005 Act. The article is based on a scoping study carried out during the gestation of the Act that looks at the challenges of applying a barriers approach to a disability employment monitoring schemes. Monitoring schemes have been a key part of recent anti-discriminatory legislation. The text of the Act and its Guidance might suggest that the future of monitoring as an explicit feature of proactive employer practice is uncertain. The article makes clear however the importance of disability employment monitoring if disabled people are to be better represented and receive equitable treatment in the workplace.     

Creating Enforceable Civil Rights for Disabled Students in Higher Education: an institutional theory perspective

The Titles II and III of the Americans with Disabilities Act of 1990, building on the Section 504 of the Rehabilitation Act of 1973, have been relatively effective in securing enforceable civil rights for disabled students in higher education in the United States. In contrast, the Disability Discrimination Act of 1995 and any related previous pieces of legislation have persistently excluded these students in the United Kingdom, making, by default, any discrimination against them legal. However, the Government has started the legislative rule making process to include higher education under the new legislation, based on the final report of the Select Committee on Education and Employment of House of Commons and the final report of the Disability Rights Task Force. The paper argues that close examination of these reports as well as the Government's most recent consultation paper, 'Rights for Disabled People in Education', reveals a path which is unlike the path that followed during the rulemaking process leading to the Americans with Disabilities Act of 1990. In other words, it is likely that disabled students would continue to be subjected to potential discrimination despite the inclusion of higher education under the new proposed legislation and despite special disability funding provided to universities for disabled students. Disability civil rights advocates have an important role to play in the current rule-making process to create enforceable civil rights for disabled students in higher education.     

The ‘Mosquito’ and the transformation of British public space

This paper explores the implications of the ‘Mosquito’ Ultrasonic Teenage Youth Deterrent device. It is used in Britain to exclude young people from public spaces despite contravening British law and European and International Human Rights legislation. The paper argues that the device is changing the relationship young people have with public spaces around them. Additionally, the paper discusses how the device has transformed the ways in which specific public space legislation is implemented and enforced to the extent that it can be viewed as a purchasable manifestation of the powers conferred upon police officers through legislative acts. The existing academic literature regarding the Mosquito is to be discussed and utilised. The device is examined against the Anti-Social Behaviour Act 2003 and the Equality Act 2010. The paper argues that the device itself can be labelled as anti-social and contravenes several pieces of UK legislation with regard to anti-social behaviour and discrimination. Finally, the paper critically appraises the impact of combatting youth anti-social behaviour with a device which itself can be labelled as anti-social.     

Re-authorization of the Rehabilitation Act: Comprehensive solutions or political satisficing?

The Americans with Disabilities Act (ADA) is widely hailed as a sweeping piece of civil rights legislation that will dramatically affect the lives of individuals with disabilities in the US for generations. In contrast, the re-authorisation of the Rehabilitation Act in 1992, and attempts to consolidate the rehabilitation programme for people with disabilities into a generic, consolidated employment system for the general public in 1995 brought only modest reforms. How does comprehensive reform get on the US political agenda? What factors were present during passage of the ADA that were not present during reauthorisation of the Rehabilitation Act? The author will use dominant political theories about policy making and agenda setting to answer these questions, and draw conclusions that will assist advocates in other countries in passing comprehensive civil rights legislation.     

A Perspective on British History and the Treatment of Quebec

Abstract This essay explores the way British history has dealt with the Conquest of Quebec and its aftermath, 1760–74, over the last seventy-five years or so. The first part of the essay is an analysis of why accounts of the Conquest and the passage of the Quebec Act used to play a central role in any history of Hanoverian Britain, prior to the Second World War; then, conversely, how these same events barely warrant a mention in present day texts and monographs. The second part of the essay offers three previously neglected themes through which the debate about Quebec's importance to the cause of Hanoverian studies might be revivified and some corrections to current misconceptions about these events initiated.     

Historical Analysis of the Adoption and Safe Families Act of 1997

Congress enacted the Adoption and Safe Families Act (ASFA) in 1997 in an attempt to provide safety, stability, and permanency for maltreated children. To help provide a historical context, child welfare legislation preceding ASFA is reviewed. In this historical analysis, the precipitating events that led to the creation of ASFA are assessed. In addition, a detailed review of congressional hearings related to this Act is given. The key components and goals of this policy are outlined. Finally, revisions made to ASFA are discussed, and its influence on proceeding legislation is presented.     

Community Versus Commonwealth: Reappraising the 1971 Immigration Act

The 1971 Immigration Act constitutes the most important piece of legislation for the regulation of immigration to Britain. Many assume that the Act was simply a further extension of the restrictive measures established over the post-war period to end non-white immigration. Based on original archival material, I argue that the Act was established in reaction to the dilemma the government faced as a result of joining the European Economic Community and the free movement of workers against Commonwealth migrants. The Act represents the final dismantling of universal Commonwealth citizenship and, in this sense, a definitive acceptance of the end of the Empire.     

The Immigration Reform and Control Act of 1986: America amends its immigration law

This disucssion of the Immigration and Control act of 1986 covers legalization, employer sanctions, and foreign agricultural worker reforms. It also identifies other changes in immigration law. The Immigration Reform and Control Act of 1986 recognizes 4 types of aliens who are eligible to receive legalization benefits: those who have resided "continuously" in the US since January 1, 1982; those who have worked in US perishable crop agriculture for 90 "man-days" each year ending on May 1, 1984, May 1, 1985 and May 1, 1986 (special agricultural workers) or who have performed such labor for 90 man-days between only May 1, 1985 and May 1, 1986; those who have been in the US since before January 1, 1972; and those classified as "Cuban-Haitian entrants" and who have been in the US since January 1, 1982. Each legalization category has specific eligibility requirements, its own application procedures, and its own process for obtaining legal permanent resident status. The IRCA forbids employers from knowingly employing unauthorized aliens. For the 1st time in US immigration history, an employer would be punished for employing aliens without work authorization. An employer would be able to establish an "affirmative defense" in his or her behalf if the employer examined certain documents which appear to be genuine or the applicant was referred to him by a State employment agency which previously has verified the applicant's employment eligibility. If the employer is found to have violated the provisions, a cease and desist order will be issued with a civil penalty of between $250-2000 for each unauthorized alien for the 1st time the violation occurs, between $2000-5000 for each alien for the 2nd violation, and between $3000-10,000 for each alien for subsequent violations. The Act provides for criminal penalties for employers who engage in a "pattern or practice of violations." Employer sanctions will not be effective for 18 months following passage of the Act. The changes which the IRCA introduced in terms of foreign agricultural workers fall into 2 broad categories: a formula for recruiting foreign agricultural workers for permanent residence in the US beginning with 1990 (replenishment workers); and changes in the existing system of temporary foreign workers for agricultural work. Among other things, the Act also increases colonial quotas to 5000 from 600, offers special immigrant status to certain officers and employers of international organizations and their immediate family members; and offers nonimmigrant status for parents and children of aliens given spcial immigrant status.     

The Inter-Institutional Distribution of Power in EU Codecision

This paper analyzes the a priori influence of the European Parliament (EP) and the Council of Ministers (CM) on legislation of the European Union adopted under its codecision procedure. In contrast to studies which use conventional power indices, both institutions are assumed to act strategically. Predicted bargaining outcomes of the crucial Conciliation stage of codecision are shown to be strongly biased towards the legislative status quo. Making symmetric preference assumptions for members of CM and EP, CM is on an average much more conservative because of its internal qualified majority rule. This makes CM by an order of magnitude more influential than EP, in contrast to a seeming formal parity between the two ‘co-legislators’.     

The disparity in land grant funding from state sources between traditionally white institutions and traditionally black institutions in Louisiana and Mississippi: The role of agricultural development legislation

Senator Justin Morrill of Vermont as a young Congressman in 1862 obtained legislation for the establishment of colleges in the respective States for education in agriculture and the mechanic arts and including other fields of study. After 12 unsuccessful attempts. Senator Morrill obtained similar legislation in 1890 which permitted the establishment of such colleges for Blacks. In the meantime, agriculturalists of the period obtained legislation in agricultural research and extension in 1887 and 1913 respectively which was officially designated by Congress as progeny of the original 1862 legislation. These four acts and other such minor acts are referred to as land grant legislation. The Black land grant colleges and their Black clients have never significantly benefited on the State level from the 1887 and 1913 acts and only in the early 1970s did they begin benefiting from the federal funding in the 1913 Act. This article details and discusses the disparities and consequences of the lack of a rural development policy for Blacks and Black land colleges.     

美国戏剧的时间重构现象——浅析《我们的小镇》时间结构

文中旨在通过《我们的小镇》这一典型剧作，透析后现代主义对戏剧写作的影响，以及戏剧中时间重构现象的形成。探讨了一种新型的艺术手法：通过生死世界的对话将从而彻底推翻传统意义上的时间概念，创造了新时代戏剧的多维时间结构。     

THE RISE OF THE CHICAGO PACKERS and THE ORIGINS OF MEAT INSPECTION and ANTITRUST

The Meat Inspection Act of 1891 and the Sherman Act of 1890 are closely tied. This link makes clearer Congress' intent in enacting the legislation. Both laws were products of economic conditions after 1880 and reflected, in part, widespread concern about the market power of Chicago meat packers. The concerns of local slaughterhouses, which were being displaced by new, low-cost refrigerated beef, and of farmers, who sold livestock to the large Chicago packers, were echoed elsewhere by other small businesses and farmers, who feared for their livelihood during a time of structural change in the economy.     

The Azaan clock

The centenary of the Natives Land Act of 1913 offers an avenue through which we can rethink and debate post-apartheid land reform. This paper focuses on how this Act epitomised the culmination of ideas about state and society and also laid the foundation for the social geography of the country. The Act set the stage for the configuration of the country through land as a tool for spatial planning. The principal objective of the paper is to highlight aspects of the Act that have cemented the social geography of the country, and to reflect on how and why those aspects continue to impede the redrawing of social and territorial borders in post-apartheid South Africa. The paper calls for a deeper reflection on the philosophical and material meanings that the Natives Land Act embodied, and how these have been disrupted or reinforced in whole or parts by post-apartheid policies and programmes.     

Non‐compliance with India's Factories Act: Magnitude and patterns

While non‐compliance with legislation and regulations is said to be rife in developing countries, there is limited systematic evidence of the magnitude of non‐compliance. The authors quantify non‐compliance with India's Factories Act in 2010 and find that the number of non‐compliant firms is nearly twice that of compliant firms, and much larger than the number of firms “adjusting out” of the legislation. Thus, non‐compliance with the Factories Act is a key feature of India's “missing middle”. The main trends and patterns of non‐compliance are explored, and a number of key issues highlighted for further analytical and policy research.     

"Let us help them to raise their children into good citizens": the Lone-Parent Families Act and the wages of care-giving in Israel

Based on the assumption that the construction of meaning in the process of policy-making is crucial if we wish to understand the gender outcomes of social policy, this article analyzes the parliamentary debates that preceded and accompanied the legislation of the Israeli Mono-Parental Families Act, 1992. It focuses on the enunciation of gender roles and relations in the discourses that framed and justified the Act as well as on how the capacity to establish and maintain autonomous households was constructed and legitimized. Two sets of discourses emerged during the deliberations over the Act, each of which endeavored to interpret the needs, identities, and capacities for action among lone-parent families. The article shows how a specific version of the capacity to establish and maintain autonomous households—that of caregivers who happen to be workers—was privileged in the policy paradigm underlying the Act. The alternative vision—that of workers with caregiving responsibilities—was marginalized and eventually disregarded in the final wording and implementation of the Act. The article concludes with an analysis of the socio-political processes that underlie the prioritization of the version, which was ultimately expressed in the implementation of the Act. It is suggested that a state-level collective identity project shaped by demographic concerns and geo-political factors and changes in the political economy combined to define the needs, identities, and capacities for action of lone-parent families in terms of a model of motherhood in which care-giving trumped paid work.     

Women’s work: public relations efforts of the US Children’s Bureau to reduce infant and maternal mortality, 1912–1921

This article traces the efforts of the US Children’s Bureau to reduce infant and maternal mortality, primarily through education. The Bureau developed and carried out a carefully conceived public relations campaign that spanned nearly 10 years, from 1912, when the Bureau was formed, to 1921, when the Sheppard-Towner Act was passed by Congress. The Act was the first piece of social welfare legislation passed by Congress.The Bureau’s public relations campaign was notable for its use of innovative tactics designed to increase public awareness of the problems of infant and maternal mortality and gain support for passage of legislation to address the problems. This article proposes that it was this campaign that galvanized public support for federal legislation, particularly among women. The campaign also was important because it was conceived and carried out almost entirely by women at a time when public relations as a field had not been formally defined.