Archive for July, 2011
[JURIST] The US Court of Appeals for the Fourth Circuit [official website] on Friday upheld [opinion, PDF] a ruling by a federal district court that the Forsyth County, North Carolina, Board of Commissioners [official website] violated the First Amendment [Cornell LII backgrounder] by beginning its public meetings with sectarian prayer. The lawsuit against the county was originally filed by three residents who felt that “the Board’s legislative prayer policy did in fact violate the Establishment Clause [of the First Amendment]…
15 U.S.C. no. 7107 : US Code – Section 7107: Membership of the Council Section 7107
(a) ChairpersonThe President shall appoint an individual to serve as chairpersonof the Council, in consultation with the Administrator. Thechairperson of the Council shall be a prominent business woman whois qualified to head the Council by virtue of her education,training, and experience.(b) Other membersThe Administrator shall, after receiving the recommendations ofthe Chairman and the Ranking Member of the Committees on SmallBusiness of the House of Representatives and the Senate, appoint,in consultation with the chairperson of the Council appointed undersubsection (a) of this section, 14 members of the Council, of whom -(1) 4 shall be -(A) owners of small businesses, as such term is defined insection 632 of this title; and(B) members of the same political party as the President;(2) 4 shall -(A) be owners of small businesses, as such term is defined insection 632 of this title; and(B) not be members of the same political party as thePresident; and(3) 6 shall be representatives of women’s businessorganizations, including representatives of women’s businesscenter sites.(c) DiversityIn appointing members of the Council, the Administrator shall, tothe extent possible, ensure that the members appointed reflectgeographic (including both urban and rural areas), racial,economic, and sectoral diversity.(d) TermsEach member of the Council shall be appointed for a term of 3years.(e) Other Federal serviceIf any member of the Council subsequently becomes an officer oremployee of the Federal Government or of the Congress, suchindividual may continue as a member of the Council for not longerthan the 30-day period beginning on the date on which suchindividual becomes such an officer or employee.(f) Vacancies(1) In generalA vacancy on the Council shall be filled not later than 30 daysafter the date on which the vacancy occurs, in the manner inwhich the original appointment was made, and shall be subject toany conditions that applied to the original appointment.(2) Unexpired termAn individual chosen to fill a vacancy shall be appointed forthe unexpired term of the member replaced.(g) ReimbursementsMembers of the Council shall serve without pay for suchmembership, except that members shall be entitled to reimbursementfor travel, subsistence, and other necessary expenses incurred bythem in carrying out the functions of the Council, in the samemanner as persons serving on advisory boards pursuant to section637(b) of this title.(h) Executive directorThe Administrator, in consultation with the chairperson of theCouncil, shall appoint an executive director of the Council. Uponthe recommendation by the executive director, the chairperson ofthe Council may appoint and fix the pay of 4 additional employeesof the Council, at a rate of pay not to exceed the maximum rate ofpay payable for a position at GS-15 of the General Schedule. Allsuch appointments shall be subject to the appropriation of funds.(i) Rates of payThe executive director and staff of the Council may be appointedwithout regard to the provisions of title 5 governing appointmentsin the competitive service, and except as provided in subsection(e) of this section, may be paid without regard to the provisionsof chapter 51 and subchapter III of chapter 53 of such titlerelating to classification and General Schedule pay rates, exceptthat the executive director may not receive pay in excess of theannual rate of basic pay payable for a position at ES-3 of theSenior Executive Pay Schedule under section 5832 (!1) of title 5.
(Pub. L. 100-533, title IV, Sec. 407, as added Pub. L. 103-403,title IV, Sec. 413, Oct. 22, 1994, 108 Stat. 4196; amended Pub. L.105-135, title III, Sec. 304, Dec. 2, 1997, 111 Stat. 2609; Pub. L.106-554, Sec. 1(a)(9) [title VII, Sec. 702], Dec. 21, 2000, 114Stat. 2763, 2763A-701.)REFERENCES IN TEXTThe General Schedule, referred to in subsecs. (h) and (i), is setout under section 5332 of Title 5, Government Organization andEmployees.The provisions of title 5 governing appointments in thecompetitive service, referred to in subsec. (i), are classified tosection 3301 et seq. of Title 5, Government Organization andEmployees.PRIOR PROVISIONSA prior section 407 of Pub. L. 100-533, title IV, Oct. 25, 1988,102 Stat. 2696; Pub. L. 103-81, Sec. 11, Aug. 13, 1993, 107 Stat.783, related to authorization of appropriations to carry out thischapter, prior to the general amendment of title IV of Pub. L. 100-533 by Pub. L. 103-403. See section 7110 of this title.AMENDMENTS2000 – Subsec. (a). Pub. L. 106-554, Sec. 1(a)(9) [title VII,Sec. 702(1)], substituted “The President” for “Not later than 45days after December 2, 1997, the President”.Subsec. (b). Pub. L. 106-554, Sec. 1(a)(9) [title VII, Sec.702(2)], in introductory provisions, substituted “TheAdministrator” for “Not later than 60 days after December 2, 1997,the Administrator” and struck out “the Assistant Administrator ofthe Office of Women’s Business Ownership and” after “inconsultation with”.Subsec. (d). Pub. L. 106-554, Sec. 1(a)(9) [title VII, Sec.702(3)], struck out before period at end “, except that, of theinitial members appointed to the Council -”(1) 2 members appointed under subsection (b)(1) of thissection shall be appointed for a term of 1 year;”(2) 2 members appointed under subsection (b)(2) of thissection shall be appointed for a term of 1 year; and”(3) each member appointed under subsection (b)(3) of thissection shall be appointed for a term of 2 years”.Subsec. (h). Pub. L. 106-554, Sec. 1(a)(9) [title VII, Sec.702(4)], substituted “The Administrator” for “Not later than 60days after October 22, 1994, the Administrator”.1997 – Subsec. (a). Pub. L. 105-135, Sec. 304(1), madesubstitution in original which was executed by substituting”December 2, 1997″ for “October 22, 1994″ to reflect the probableintent of Congress.Subsec. (b). Pub. L. 105-135, Sec. 304(2)(A)-(C), in introductoryprovisions made substitution in original which was executed bysubstituting “December 2, 1997″ for “October 22, 1994″ to reflectthe probable intent of Congress, inserted “, after receiving therecommendations of the Chairman and the Ranking Member of theCommittees on Small Business of the House of Representatives andthe Senate,” after “the Administrator shall”, and substituted “14″for “9″.Subsec. (b)(1), (2). Pub. L. 105-135, Sec. 304(2)(D), (E),substituted “4″ for “2″ in introductory provisions.Subsec. (b)(3). Pub. L. 105-135, Sec. 304(2)(F), substituted “6″for “5″, struck out “national” after “representatives of”, andinserted before period at end “, including representatives ofwomen’s business center sites”.Subsec. (c). Pub. L. 105-135, Sec. 304(3), inserted “(includingboth urban and rural areas)” after “geographic”.Subsec. (d). Pub. L. 105-135, Sec. 304(4), added subsec. (d) andstruck out heading and text of former subsec. (d). Text read asfollows: “The term of service of the members of the Council shallbe 3 years.”Subsec. (f). Pub. L. 105-135, Sec. 304(5), added subsec. (f) andstruck out heading and text of former subsec. (f). Text read asfollows: “A vacancy on the Council shall, not later than 30 daysafter the date on which the vacancy occurs, be filled in the samemanner in which the original appointment was made.”CHANGE OF NAMECommittee on Small Business of Senate changed to Committee onSmall Business and Entrepreneurship of Senate. See SenateResolution No. 123, One Hundred Seventh Congress, June 29, 2001.EFFECTIVE DATE OF 1997 AMENDMENTAmendment by Pub. L. 105-135 effective Oct. 1, 1997, see section3 of Pub. L. 105-135, set out as a note under section 631 of thistitle.(!1) So in original. Probably should be section “5382″.
[JURIST] Florida Secretary of State Kurt Browning [official website] on Friday announced [press release] that he is seeking approval of portions of the state’s new election law in a federal court in Washington, DC. In June, Florida officials filed an application with the US Department of Justice (DOJ) [official website] seeking approval of the law. Browning has withdrawn four sections of the law [Palm Beach Post report] from consideration before the DOJ. The withdrawn sections are considered to be the…
[JURIST] A federal judge for the US District Court for the Middle District of Florida [official website] has declared [order, PDF] the state’s controlled-substances laws, which criminalize the “unknowing” possession of a controlled substance, unconstitutional. The decision, issued on Wednesday, stems from a petition for federal habeas corpus relief filed by Mackle Shelton, which included a claim that Florida’s Drug Abuse and Prevention statute [§ 893.13, text] is “facially unconstitutional because it entirely eliminates mens rea as an element of…
[JURIST] Michigan Attorney General Bill Schuette [official website] on Friday appealed a decision by the US Court of Appeals for the Sixth Circuit [official website] overturning the state’s affirmative action ban. Proposal 2 [text; JURIST news archive], an amendment to the Michigan Constitution [text, PDF], bans affirmative action in public employment, public education and state contracting. Earlier this month, the Sixth Circuit ruled [opinion, PDF] that Proposal 2 was unconstitutional [JURIST report] because it unduly burdens minorities by abusing a…
[JURIST] The Court of Appeals for the Federal Circuit [official website] on Friday ruled 2-1 [opinion, PDF] that patents held on two genes linked to hereditary ovarian and breast cancer are valid. The American Civil Liberties Union (ACLU) and the Public Patent Foundation (PUBPAT) [advocacy websites] originally filed [JURIST report] the suit on behalf of patients and scientists challenging patents held by Myriad Genetics [corporate website] on the BCRA genes [NCI backgrounder]. Myriad Genetics appealed the lower court decision that…
[JURIST] The trial of former Egyptian President Hosni Mubarak [Al Jazeera profile; JURIST news archive] will be held at a police academy located on the outer border of Cairo, an Egyptian judge announced Saturday. Officials chose the new location for the added security [AP report], after reporting [JURIST report] Thursday that the trial would take place at a convention center in downtown Cairo. Mubarak faces several charges [JURIST report], including murder, attempted killing of protesters and other charges related to…
US Code – Subchapter III: Research and test facilities Subchapter III
US Code – Subchapter II: Security of the international supply chain Chapter 3
1 U.S.C. no. 7 : US Code – Section 7: Definition of “marriage” and “spouse”",”Section 7 Chapter 1
(Added Pub. L. 104-199, Sec. 3(a), Sept. 21, 1996, 110 Stat. 2419.)
Legal scholar Daniel Rodriguez will become the new law dean in January 2012
2 U.S.C. no. 135 : US Code – Section 135: Purchase of books for law library Chapter 5
The Librarian shall make the purchases of books for the lawlibrary, under the direction of and pursuant to the cataloguefurnished him by the Chief Justice of the Supreme Court.
(R.S. Sec. 84.)CODIFICATION R.S. Sec. 84 derived from act July 14, 1832, ch. 221, Sec. 4, 4Stat. 579.
2 U.S.C. no. 1104 : US Code – Section 1104: Purposes and authority of Center Chapter 22
(a) Purposes of CenterThe purposes of the Center shall be – (1) to increase awareness of the importance of public service,to foster among the youth of the United States greaterrecognition and understanding of the role of public service inthe development of the United States, and to promote publicservice as a career choice;(2) to provide training and development opportunities for Stateand local elected government officials and employees of State andlocal governments in order to assist such officials and employeesto become more effective and more efficient in performing theirpublic duties and develop their potential for accepting increasedpublic service opportunities; and(3) to provide training and development opportunities for thoseemployees of Members of the Congress who perform key roles inhelping Members of Congress serve the people of the UnitedStates.(b) Authority of CenterThe Center is authorized, consistent with this chapter, todevelop such programs, activities, and services as it considersappropriate to carry out the purpose of this chapter. Suchauthority shall include the following:(1) The development and implementation of educational programsfor secondary and post-secondary schools and colleges designed – (A) to improve the attitude of students toward publicservice;(B) to encourage students to consider public service as acareer goal;(C) to create a better understanding of the important rolethat people in public service have played in the growth anddevelopment of the United States; and(D) to foster a sense of civic responsibility among the youthof the United States.(2) The development and implementation of programs designed – (A) to enhance skills and abilities of public serviceemployees and elected officials at the State and local levelsof government;(B) to make such officials more productive and effective inthe performance of their duties; and(C) to help prepare such employees and officials to assumegreater responsibilities in the field of public service.(3) The development and implementation of congressional stafftraining programs designed to equip congressional staff personnelto perform their duties more effectively and efficiently.(4) The development and implementation of media andtelecommunications production capabilities to assist the Centerin expanding the reach of its programs throughout the UnitedStates.(5) The establishment of library and research facilities forthe collection and compilation of research materials for use incarrying out the programs of the Center.(c) Program prioritiesThe Board of Trustees shall determine the priority of theprograms to be carried out under this chapter and the amount offunds to be allocated for such programs.
(Pub. L. 100-458, title I, Sec. 115, Oct. 1, 1988, 102 Stat. 2173.)
2 U.S.C. no. 117j-1 : US Code – Section 117J-1: Regulations for safe handling of mail matter Chapter 4
(a) In generalSubject to the approval of the Committee on House Administration,the Chief Administrative Officer of the House of Representativesshall implement regulations under which the Chief AdministrativeOfficer shall be authorized to handle any mail matter delivered bythe United States Postal Service or any other carrier to the Houseof Representatives, or to any other entity with whom the ChiefAdministrative Officer has entered into an agreement to receivemail matter delivered to the entity, in such manner as the ChiefAdministrative Officer deems necessary to ensure the safety of anyindividuals who may come into contact with, or otherwise be exposedto, such mail matter.(b) Civil or criminal liabilityNo action taken under the regulations implemented pursuant tothis section may serve as a basis for civil or criminal liabilityof any individual or entity.(c) DefinitionAs used in this section, the term “handle” includes but is notlimited to collecting, isolating, testing, opening, disposing, anddestroying.(d) Effective dateThis section shall apply with respect to fiscal year 2004 andeach succeeding fiscal year.
(Pub. L. 108-447, div. G, title I, Sec. 108, Dec. 8, 2004, 118Stat. 3177.)CODIFICATION Section is from the Legislative Branch Appropriations Act, 2005,which is div. G of the Consolidated Appropriations Act, 2005.
US Code – Subchapter I: Definitions Chapter 34
US Code – Subchapter II: Congressional recognition for excellence in arts education Chapter 19
Harmonization and Control: A Convergence of Soft Corporate Social Responsibility Standards and the Rise of the Toolbox
Over the last decade, corporate social responsibility has become more accepted among investors, non-governmental communities and consumers in developed states.
Corporate social responsibility (CSR) has become a fairly well-established concept, with a vast if inconsistent literature developing over the last 15 years. As applied to corporate entities, CSR suggests that organizations can do well by doing good, but there is no single commonly accepted definition. Most would agree that CSR implies something more than corporate philanthropy, and usually refers to a bundling of substantive efforts in the areas of the environment, human rights and labor. For many, the scope of CSR is co-extensive and interchangeable with the “people, planet, profits” mantra of sustainable business practices; others would argue that CSR is closely related to sustainability, but steers clear of the financial viability of the organization that is accepted in “triple bottom line” sustainability thinking. (Ira Feldman, ISO 26000 Social Responsibility Guidance Standard, The INECE Newsletter, Vol. 15 Summer 2007).
The release of “ISO 26000: Guidance standard on social responsibility” gives a boost to ongoing efforts by the UN Global Compact to establish widespread common understanding of corporate responsibility principles. ISO 26000 and the UN Global Compact are connected by a fundamental belief that organizations should behave in a socially responsible way.
Given the operational reach of the ISO organization, ISO 26000 can help to build local capacity to advance universal principles in business – particularly in developing countries – which is a critical step in mainstreaming the business-so- ciety agenda everywhere and achieving a level global playing field for all businesses.
This short publication provides a high-level overview of the key linkages between the UN Global Compact’s Ten Principles and the core subjects of social responsibility defined by ISO 26000 (human rights, labour practices, the environment, fair operating practices, consumer issues, community involvement). While not an exhaustive review of the numerous areas of alignment between the two initiatives, this publication shows that there is clear consistency – and that all UN Global Compact Principles are included in ISO 26000. (From U.N. Global Compact and International Standard 26000, An Introduction to Linkages Between UN Global Compact Principles and ISO 26000 Core Subjects, 2010).
CSR Europe is the leading European business network for corporate social responsibility with around 70 multinational corporations and 29 national partner organisations as members. The organisation was founded in 1995 by senior European business leaders in response to an appeal by the European Commission President Jacques Delors. It has since grown to become an inspiring network of business people working at the very forefront of CSR across Europe and globally.
The Largest CSR Network in EuropeCSR Europe’s network of national partner organisations
brings together 28 membership-based, business-led
CSR organisations from 25 European countries. In total,
the network reaches out to more than 3,000
companies throughout Europe. (From CSR Europe – About Us).
CSR Europe’s Toolbox includes information, ideas and advice designed to help companies and their stakeholders address socio-economic and environmental challenges and integrate corporate social responsibility (CSR) into mainstream business practice. The Toolbox is based on the first results of the CSR Laboratories, cross-sectoral business-stakeholder cooperation projects under the umbrella of the European Alliance for CSR.
The first results of the Laboratories were launched in December 2008 as part of CSR Europe’s Toolbox. In 2009-2010, CSR Europe’s national partners organised a Toolbox Roadshow with events around Europe to present and build upon the outcomes of the Laboratories. (From CSR Europe, CSR Europe’s Toolbox, Equipping Companies and Stakeholders for a Competitive and Responsible Europe).
In order to enhance coherence, the selected tools have been classified predominantly according to the guidance material categories used by the Office of the UN Global Compact. The categories under which each tool is classified are indicated under the heading “type” in the evaluation sheets:Benchmarking: These tools provide indicators that serve to measure continuous progress and allow the comparison of performance results with other companies. See e.g. the BITC CR Index (Business in the Community).General Guidance: The tools provide information about human and labour rights and may highlight specific issues. They may include policy advice or case studies or serve as resource documents. See e.g. the Labour Principles of the UN Global Compact (International Labour Organisation, Office of the UN Global Compact).Human Rights Compliance Assessment: Compliance Assessments measure the performance of companies against the legal framework of human and labour rights. They can be conceived as self-assessments or conducted by external consultancies. See e.g. Human Rights Compliance Assessment (Danish Institute for Human Rights).Human Rights Impact Assessment: These tools are specifically designed to help users in assessing and measuring the concrete risks of their business operation or project for corporate stakeholders. They usually contain specific questions for identifying possible interferences with human rights and may give advice on how to mitigate adverse effects. See e.g. IBLF Guide to Human Rights Impact Assessment and Management (International Business Leaders’ Forum, International Finance Cooperation, UN Global Compact).Human Rights Risk Assessment: Risk Assessments measure the potential operational and reputational risks of becoming involved in human rights violations. They help to detect general human rights risks e.g. in a country or region or a certain sector. Compared to human rights impact assessments, they do not guide the company in assessing the specific human rights impact of particular projects or company conduct. See e.g. Country Risk Assessments (Danish Institute for Human Rights), Maplecroft tools (Maplecroft).Human Rights Training: These tools give, for example, advice on how to conduct successful workshops. See e.g. IPIECA Human Rights Training Toolkit (International Petroleum Industry Environmental Conservation Association). Moreover, trainings can also be part of human and labour rights monitoring systems. See e.g. BSCI process.Human Rights Reporting and Monitoring: The tools support, for instance, the preparation of a company report. Moreover, specific monitoring and auditing systems such as SA 8000 are equally classified as human rights reporting because they entail regular reporting or auditing obligations. See e.g. SA 8000 process (Social Accountability International). (From “Definition of a LARRGE “tool”).
Section 1610 Chapter 26
(Pub. L. 104-65, Sec. 15, Dec. 19, 1995, 109 Stat. 702; Pub. L. 105-166, Sec. 4(a), (b), Apr. 6, 1998, 112 Stat. 38.)REFERENCES IN TEXT This chapter, referred to in subsecs. (c) and (d)(2), (3), was inthe original “this Act” meaning Pub. L. 104-65, Dec. 19, 1995, 109Stat. 691, known as the Lobbying Disclosure Act of 1995. Forcomplete classification of this Act to the Code, see Short Titlenote set out under section 1601 of this title and Tables.AMENDMENTS 1998 – Subsec. (a). Pub. L. 105-166, Sec. 4(a)(1), inintroductory provisions, substituted “A person, other than alobbying firm,” for “A registrant”.Subsec. (a)(2). Pub. L. 105-166, Sec. 4(a)(2), amended par. (2)generally. Prior to amendment, par. (2) read as follows: “in lieuof using the definition of ‘lobbying activities’ in section 1602(7)of this title, consider as lobbying activities only thoseactivities that are influencing legislation as defined in section4911(d) of title 26.”Subsec. (b). Pub. L. 105-166, Sec. 4(b)(1), in introductoryprovisions, substituted “A person, other than a lobbying firm, whois required to account and does account for lobbying expenditurespursuant to” for “A registrant that is subject to”.Subsec. (b)(2). Pub. L. 105-166, Sec. 4(b)(2), amended par. (2)generally. Prior to amendment, par. (2) read as follows: “in lieuof using the definition of ‘lobbying activities’ in section 1602(7)of this title, consider as lobbying activities only thoseactivities, the costs of which are not deductible pursuant tosection 162(e) of title 26.”",”2 U.S.C. no. 1610 : US Code – Section 1610: Estimates based on tax reporting system
15 U.S.C. no. 719 : US Code – Section 719: Congressional findings Section 719
The Congress finds and declares that -(1) a natural gas supply shortage exists in the contiguousStates of the United States;(2) large reserves of natural gas in the State of Alaska couldhelp significantly to alleviate this supply shortage;(3) the expeditious construction of a viable natural gastransportation system for delivery of Alaska natural gas toUnited States markets is in the national interest; and(4) the determinations whether to authorize a transportationsystem for delivery of Alaska natural gas to the contiguousStates and, if so, which system to select, involve questions ofthe utmost importance respecting national energy policy,international relations, national security, and economic andenvironmental impact, and therefore should appropriately beaddressed by the Congress and the President in addition to thoseFederal officers and agencies assigned functions under lawpertaining to the selection, construction, and initial operationof such a system.
(Pub. L. 94-586, Sec. 2, Oct. 22, 1976, 90 Stat. 2903.)EXPIRATION DATESection 20 of Pub. L. 94-586 provided that: “This Act [thischapter] shall terminate in the event that no decision of thePresident takes effect under section 8 of this Act [section 719f ofthis title], such termination to occur at the end of the last dayon which a decision could be, but is not, approved under suchsection.”SHORT TITLESection 1 of Pub. L. 94-586 provided that: “This Act [enactingthis chapter and provisions set out as notes under this section andsection 1651 of Title 43, Public Lands] may be cited as the ‘AlaskaNatural Gas Transportation Act of 1976′.”ANTITRUST STUDYSection 19 of Pub. L. 94-586 directed Attorney General of UnitedStates to conduct a thorough study of antitrust issues and problemsrelating to production and transportation of Alaska natural gasand, not later than six months after Oct. 22, 1976, to completesuch study and submit to Congress a report containing his findingsand recommendations with respect thereto.