Supervisory powers relating to foundations: A comparative analysis of foundation law

This paper compares legal approaches to foundations in six economically well-developed democracies (USA, England and Wales, Germany, Austria, France and the Netherlands). ‘Foundations’ refers to ‘non-governmental, non-membership, organisations, recognised as a legal category with a purpose in the general interest’. This covers the common field of the common law's charity and the civil law's foundation as a legal person. The countries organise public supervision of foundations in very different ways. Mostly there is governmental involvement or involvement of an independent body in the establishment and governmental supervision of foundations in action. In a few cases, the supervisory power—concerning the foundations' activities, not their establishment—is with judicial authorities. Access to information of foundations (registration) and possible requests for sanctions by interested parties are also rather different. Not all rules are in accordance with the freedom of organisation and some are less desirable. The conclusion is that a balance between the freedom of the foundation (board), the protection of the public order and the protection of the interests of others can be found in a system with systematic supervision at the establishment- and later practice—by governmental or independent authorities or in a system with good registration and incidental supervision by judicial authorities, also at the request of interested parties. Both have their advantages and disadvantages.     

POTENTIAL COMPETITION AND POSSIBLE COLLUSION IN FOREST SERVICE TIMBER AUCTIONS

Potential competition significantly affects the size of winning bids in Forest Service sealed-bid timber auctions and has little effect on winning bids in oral auctions. Winning sealed bids depend even more, however, on actual competition, a result suggesting collusion. This explanation is supported using an index representing the likelihood an auction was rigged. Preclusive bidding (a type of collusion) in oral auctions is indicated by a positive relationship between hauling distances and the size of winning sealed bids. Comparisons of winning-bid variances, overbids, and numbers of bidders across auction type support this explanation of oral auction prices.     

Abuse of children in day care centres: Characteristics and consequences

While day care sexual abuse cases share features in common with sexual abuse in other settings, many characteristics of abuse in day care settings merit special attention. These factors include the young age of the child victims, the involvement of multiple victims and multiple perpetrators, females as perpetrators, use of extreme threats, severity of the abuse, and in some instances ritualistic activities. Research findings support clinical impressions that children are negatively impacted by sexual abuse in day care. Consequences of abuse in day care include anxiety, excessive fearfulness, behavioural disturbances, sexual acting out and sleep disorders. Parents whose children are abused in day care centres also experience psychological distress with symptom profiles consistent with post-traumatic stress disorder. Abuse of children in day care settings warrants a specialized treatment approach. A major goal of treatment is to decrease symptomatology among all family members.     

The twenty-percent majority: Pro-union bias in prevailing rate determinations

Each individual wage rate set by Davis-Bacon or by any similar state or local prevailing wage determination petrifies the outcome of competing views of how construction work should be staffed and paid on public works projects. Although presented with great precision (to tenths of a cent for both wages and fringe benefits), the level of wages themselves are of surprisingly little consequence: Those set at union levels soon rise, being automatically updated to new contracts and conditions; the rest fast become obsolete in any rising market, because surveys to update them are rare. But in addition to setting wage levels, determinations also delineate which jobs get to have rates set for them, and perhaps most critically, whether those delineated are identified as union or notunion. Whatever pattern is found may remain in effect for years or even decades, influencing which journeymen and laborers own what job tasks and who may perform what. Also, if a particular job happens to be set as union, it may bring with it dozens or even hundreds of related special job categories, grades of sub-groups, fine distinctions of fringe benefits, and complex divisions of geographic applicability based on local union jurisdictional areas. This study uses determinations recently made in Pennsylvania as an example to examine the mechanics of the wage-setting process. I find that, in addition to the endemic problems one might expect associated with a complex and partly judgmental process, every step of finding and setting prevailing rates includes overwhelming deference on the part of government towards union views and methods. It shows why unions representing less than 20 percent of the private construction work force consistently set the parameters controlling most of public construction. It ends with some suggestions on how better surveys and determinations could be made.     

Childhood parental loss and adult depression

Previous research demonstrates convincingly that childhood parental deaths and parental divorces have implications for adult well-being as defined by levels of depression, educational attainment, early age at marriage, and risk of divorce. What this research has failed to examine are the interconnections among these outcomes. Specifically, are the socioeconomic and marital outcomes of parental loss implicated in the observed higher levels of depression? This analysis takes a first step in answering this question. Using data from a sample of 1,755 married men and women, I estimated regression models which examine the extent to which adult socioeconomic status and current marital quality mediate and/or modify the loss-depression relationship. Parental divorce was strongly related to socioeconomic and marital outcomes. Furthermore, current marital quality contributed importantly to understanding the higher levels of depressed mood observed among persons from divorced homes. Parental death was much more weakly related to socioeconomic and marital outcomes, and these outcomes played little role in explaining its relationship to depression. Finally, all of these relationships were stronger among women than men. These findings support the utility of life-course approaches to understanding adult mental health.     

Native American drinking: a neglected subject of study and research

Although Native Americans are plagued by high rates of alcoholism, violence, suicide and early death, these social and clinical problems are usually given little more than cursory treatment in textbooks. A content analysis of twenty-six textbooks on alcoholism and substance misuse revealed that only four provided a detailed discussion of Native American drinking. Greater attention needs to be given to the cultural, psychological, and biological issues of drinking and drunkenness among this special population.     

A comparative approach to assessing the quality of life of intercollegiate athletes

Although concerns have frequently been raised recently regarding the quality of life of intercollegiate athletes, information is seldom available on which college and university administrators can base policy decisions. Particularly lacking are studies that provide administrators with assessments of their own athletics programs relative to athletics programs at other institutions. We describe here a method we used in conducting a comparative evaluation of the status of student-athletes at a large public university, involving comparisons of student-athletes at this university to student-athletes at a subset of the institutions that participated in the 1987–88 National Study of Intercollegiate Athletes. By utilizing existing data sets to construct comparison samples, relative assessments of the status of student-athletes at a given institution can be performed without the excessive costs of gathering data on student-athletes at comparison institutions. Techniques employed in data collection and analysis are discussed as well as the format of the report in which the findings of the study were presented.     

Characteristics of smokeless tobacco use among high school football players as related to type of smokeless tobacco and period of use.

The present study was conducted to assess differences in the behavioral and demographic characteristics of snuff (dip) users as compared to users of chewing tobacco. High School football players (1116) were surveyed concerning their use and perceptions of smokeless tobacco. Adolescent athletes who tried smokeless tobacco were more likely to be white, to use cigarettes, alcohol, and cigars and to have family users than those who never tried. Initial use was highest before the age of fourteen years and was influenced by friends, curiosity and family. Dippers tended to initiate use because of friends, while chewers started because of family users. Users of both dip and chew started primarily because of curiosity. Users of both were more likely to consume greater amounts to alcohol and cigarettes and to smoke cigars and pipes. It appears that the longer smokeless tobacco is consumed, the more likely both dip and chew will be used. Users of smokeless tobacco for more than two years tended to consume more of the product each week, used it for more hours/day, initiated use at an earlier age, and used it more often at school and work than those using it for less than two years. Use of cigars/pipes, consumption of alcohol, and quantity of cigarette consumption increased significantly with longer duration of smokeless tobacco use. Intervention and prevention programs would be helped by understanding differences between users of various smokeless tobacco products and differences related to the duration of use. In addition, further analyses of smokeless tobacco users should study chewers, dippers, and users of both separately.     

Summary of the Workshop on Issues in Risk Assessment: Quantitative Methods for Developmental Toxicology

This report summarizes the proceedings of a conference on quantitative methods for assessing the risks of developmental toxicants. The conference was planned by a subcommittee of the National Research Council's Committee on Risk Assessment Methodology ⁴ in conjunction with staff from several federal agencies, including the U.S. Environmental Protection Agency, U.S. Food and Drug Administration, U.S. Consumer Products Safety Commission, and Health and Welfare Canada. Issues discussed at the workshop included computerized techniques for hazard identification, use of human and animal data for defining risks in a clinical setting, relationships between end points in developmental toxicity testing, reference dose calculations for developmental toxicology, analysis of quantitative dose-response data, mechanisms of developmental toxicity, physiologically based pharmacokinetic models, and structure-activity relationships. Although a formal consensus was not sought, many participants favored the evolution of quantitative techniques for developmental toxicology risk assessment, including the replacement of lowest observed adverse effect levels (LOAELs) and no observed adverse effect levels (NOAELs) with the benchmark dose methodology.