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Begin New Search Topic Legislation Publication Year within 5 Years

31. Breaking Down the Arguments for and against U.S. Antitrust Legislation

Author:
Caitlin Chin
Publication Date:
04-2022
Content Type:
Working Paper
Institution:
Center for Strategic and International Studies (CSIS)
Abstract:
In many areas of the world, including the European Union, United Kingdom, South Korea, and Australia, governments are considering new legislation to check the market power of a few dominant technology platforms. Yet some of the most sweeping proposals are taking place within the U.S. Congress. In October 2020, the majority staff of the House Subcommittee on Antitrust, Commercial, and Administrative Law published a set of recommendations to promote competition in technology markets, the result of a 16-month investigation that directed attention to the actions of Alphabet (the parent company of Google), Amazon, Apple, and Facebook (now Meta). The House Judiciary Committee advanced six bills in June 2021 that paralleled many of these recommendations, focusing on the anticompetitive impacts of self- preferencing, mergers and acquisitions, data accumulation, and network effects related to digital platforms. Meanwhile, the Senate Judiciary Committee voted to advance the American Innovation and Online Choice Act and Open App Markets Act in early 2022. While antitrust reform has seen broad bipartisan support in Congress, members of both parties have also expressed concerns that these bills might have unintended consequences. For example, many of the newly proposed restrictions would only apply to “covered platforms” that meet certain size or categorical criteria—which, under current market conditions, would primarily include Alphabet, Amazon, Apple, and Meta. In turn, some critics have asserted that unequal rules could create arbitrary winners or losers in the marketplace and even benefit foreign competitors or bad actors at the expense of U.S. technological innovation. To put these issues into context, below is an overview of seven major bills under consideration in the U.S. House and Senate as well as the related challenges, commentary, and controversies that surround them.
Topic:
Science and Technology, Legislation, Antitrust Law, and Emerging Technology
Political Geography:
North America and United States of America

32. Jogo de Bicho: Brazil’s Popular but Illegal Lottery Game

Author:
Constance Malleret
Publication Date:
05-2022
Content Type:
Commentary and Analysis
Institution:
The North American Congress on Latin America (NACLA)
Abstract:
Although the game is historically tied to criminal groups, Brazil’s Congress is debating a proposal to legalize it.
Topic:
Crime, Domestic Politics, Legislation, and Gambling
Political Geography:
Brazil and South America

33. Measuring Congressional Impact on Defense Acquisition Funding

Author:
Seamus P. Daniels and Todd Harrison
Publication Date:
03-2022
Content Type:
Special Report
Institution:
Center for Strategic and International Studies (CSIS)
Abstract:
Congress exercises its oversight authority on the executive branch’s defense policy via the appropriations process and can choose to match, modify, or eliminate the Department of Defense’s (DoD) requested funding levels for acquisition programs primarily funded by the procurement and research, development, test, and evaluation (RDT&E) accounts. Congress’s decisions in this process can have a significant impact on the executive branch’s defense plans by making adjustments to acquisition projects’ program of record. This in turn can force DoD program management teams to alter schedules and contracting actions, causing second-order effects on private sector partners in the acquisition process. To measure Congress’s impact on defense acquisition funding, this study compares the actual funding level for procurement and RDT&E accounts with the original level proposed in the administration’s budget request and identifies patterns in which accounts are regularly adjusted by Congress. It assesses procurement and RDT&E accounts between fiscal year (FY) 2001 and FY 2020 and conducts data cuts of acquisition funding at the account, category, military department, and budget activity levels. This analysis ultimately aims to inform defense planners, acquisition officials and program managers, and industry partners of trends in congressional appropriations for defense so they can better anticipate Congress’s impact on defense acquisition funding.
Topic:
Defense Policy, Military Strategy, Legislation, Defense Industry, and Civil-Military Relations
Political Geography:
North America and United States of America

34. Women’s inheritance rights and time use: Evidence from the Hindu Succession Act in India

Author:
Tana Gupta
Publication Date:
02-2022
Content Type:
Working Paper
Institution:
United Nations University
Abstract:
This paper examines the impact of the Hindu Succession Act on married women’s time use in India. The Hindu Succession Act was amended between 1976 and 2005 by giving equal inheritance rights to women for inheriting property. To estimate the effect of the equal inheritance reform, I devise a difference-in-difference strategy by exploiting the features of the reform. Using the nationally representative Time Use Survey 2019, I find that women exposed to the reform are investing 46 minutes per day more in employment. Moreover, women exposed to the reform are spending 44 minutes per day less time on home production, with no change in their leisure time. By looking at the individual components of home production, I find that the reduction in home production is driven on account of a decline in time spent on domestic chores, with no change in childcare work. In addition, I find that women exposed to reform devote slightly more time to learning. This implies that the reform has led women to substitute their time from home production to market work. These findings are consistent with an increase in women’s autonomy effect. I also find evidence of intra-household substitution of home production work for exposed women through sharing the burden of home production by other household members, especially the male members. This suggests that inheritance reform could be a form of reversal of the devaluing of women’s domestic and reproductive labour.
Topic:
Women, Inequality, Legislation, and Inheritance
Political Geography:
South Asia and India

35. Competition and Content Moderation

Author:
Jennifer Huddleston
Publication Date:
01-2022
Content Type:
Policy Brief
Institution:
The Cato Institute
Abstract:
Section 230 of the Communications Decency Act has played a pivotal role in fostering the internet ecosystem we have today. Although the law applies to millions of websites of all sizes, critics often misconstrue it as a special exemption for “big tech” companies, shielding them from legal scrutiny; however, platforms large and small are liable for all content they create or develop, even if only in part. Yet many lawmakers see Section 230 as a stumbling block impeding fairness and accountability online. Their arguments fail to consider the expansive impact that Section 230 has had in fostering and preserving a competitive online marketplace over the past 25 years. Its protections for both platforms and users have proven essential to increasing competition.
Topic:
Science and Technology, Social Media, Legislation, Content Moderation, and Competition
Political Geography:
North America and United States of America

36. Universal Preschool: Lawmakers Should Approach with Caution

Author:
Colleen Hroncich
Publication Date:
03-2022
Content Type:
Policy Brief
Institution:
The Cato Institute
Abstract:
Children are not widgets. What works well for one may not work for another. That is why education is not a one‐​size‐​fits‐​all endeavor. When looking at preschool or K–12 education, having a diversity of options is essential.
Topic:
Education, Children, Legislation, Preschool, and Schools
Political Geography:
North America and United States of America

37. Unfair Trade or Unfair Protection? The Evolution and Abuse of Section 301

Author:
Scott Lincicome, Inu Manak, and Alfredo Carrillo Obregon
Publication Date:
06-2022
Content Type:
Policy Brief
Institution:
The Cato Institute
Abstract:
Section 301 of the Trade Act of 1974 gives the U.S. trade representative (USTR) broad authority to investigate “unfair” foreign trade policies allegedly harming American companies and to impose tariffs or other trade restrictions to achieve the removal of those policies. The statute was a common tool of U.S. trade policy from the 1980s to the 1990s, authorizing the USTR to conduct almost 100 different investigations during that period. Since the World Trade Organization (WTO) was established in 1995, however, the USTR has used Section 301 infrequently and almost exclusively to initiate or implement WTO dispute settlement actions—actions that, per WTO rules, were supposed to supplant the kinds of unilateral trade actions once applied under the law. The Trump administration departed from this long‐​standing U.S. practice and took advantage of Section 301’s flaws to circumvent the WTO and enact unilateral tariffs against multiple U.S. trading partners, imposing significant economic and geopolitical costs along the way. This paper examines the Trump administration’s actions in historical context, evaluates how the law was stretched beyond its intended purpose in direct contravention of the United States’ WTO obligations, and offers practical reforms to prevent future abuse.
Topic:
Economics, Legislation, Trade, Protectionism, and WTO
Political Geography:
North America and United States of America

38. The Legislative Framework: A Path to Peace in Ethnically Divided Communities in Warri Conflict Area

Author:
Mathias Jarikre
Publication Date:
01-2022
Content Type:
Journal Article
Journal:
African Journal on Conflict Resolution
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
The literature on conflict interventions in Nigeria’s Niger Delta region have shown profound interest in Government attempts to prevent ethnic fragmentations and the proliferation of armed militia groups. Legislative structures have often generated the multi-track approaches adopted by government to mitigate the conflicts. Though significant, the results of these efforts have remained unclear. The article explores the role of legislation in designing paths to peace in fragile, ethnically divided communities. Specifically, the article examines the Delta Development Administration Committee Law 2004. The legislative plan to promote the development administration law was to enable the executive, with participatory governance assistance, to implement key strategies for conflict transformation and peacebuilding. The article concludes that, contrary to the fears that the establishment of exclusive ethnic Community Development Committees (CDC) is a dreadful anachronism that will increase the dangers of ethnic exclusivity and offensive actions, the CDC will in fact generate conflict transformation and peacebuilding.
Topic:
Conflict Resolution, Ethnicity, Legislation, Peace, and Community
Political Geography:
Africa and Nigeria

39. The State of India’s Pollution Control Boards: Who has a seat at the table?

Author:
Arunesh Karkun, Sharon Mathew, Shibani Ghosh, and Bhargav Krishna
Publication Date:
10-2022
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The Indo-Gangetic plain (IGP) in India is one of the most polluted regions in the world. A densely populated region, with a large number of sources emitting a range of pollutants, regulating air pollution here is an extremely difficult and complex task. Several measures are afoot to improve air quality in this region, and the State Pollution Control Boards and Pollution Control Committees (SPCBs/PCCs) are playing a key role. However, these frontline agencies in pollution regulation are faced with several institutional constraints and challenges in discharging their mandate effectively. In ‘The State of India’s Pollution Control Boards’, we explore some of these key institutional issues faced by Boards in the IGP through a series of working papers: 1) “Who has a seat at the table?” – Examines the composition of the Boards and their ability to engage in policymaking and take decisions in furtherance of statutory goals; 2) “Who is at the helm?” – Analyses the qualifications of the Board's leadership - the Chairperson and the Member Secretary, the length and stability of their tenure, and whether they are well-placed to guide the Boards' functioning; and 3) “Who is in the field?” – Evaluates the adequacy of the Boards' capacity – particularly technical capacity – to perform critical functions like consent granting, inspection, monitoring, and enforcement. In this paper – the first in the series – we focus on the Board composition. The Water Act1 and the Air Act2 prescribe up to fifteen members on the Board which is headed by a Chairperson and a Member Secretary. Who are these members and what are their qualifications? The laws require various constituencies to be represented: officials representing State Government departments, urban local bodies, and public sector corporations. Three members may be nominated to represent interests of agriculture, fishery, industry, trade or any other interest. The laws do not lay down the qualifications of these members, apart from the requirement under the Air Act that at least two persons on the board must have special knowledge or practical experience in the field of air quality management.
Topic:
Governance, Regulation, Legislation, and Pollution
Political Geography:
South Asia and India

40. Critical Event Analysis to Terrorism in an Emerging Economy of Pakistan

Author:
Shumaila Umer, Kausar Yasmeen, and Kashifa Yasmeen
Publication Date:
01-2022
Content Type:
Journal Article
Journal:
South Asian Studies
Institution:
Department of Political Science, University of the Punjab
Abstract:
The widespread suffering caused by terrorism has been discussed at length in the media. Unfortunately, there is a relative paucity of empirical research on the nature and causes of terrorism. The present study examines the issue of terrorism quite modestly, but nonetheless significantly. It finds the root cause that generates numerous other causes which increase the incidence of terrorism. This study is unique in terms of its step-by-step implementation of analysis. In the first phase, the study applies thematic analysis and reveals the general causes of terrorism. In the second phase scrutiny of general causes is done to find the root cause of terrorism and finally, multinomial logistic regression is applied to ensure consistency between the results. Multinomial logistic regression reveals that coefficients of all interaction terms are significant, indicating that the effect of religion, geographic location, international players, and communications technology on terrorism depends on legislation and its strategic implementation. Like Ukraine, Pakistan is geographically significant for international players with respect to the containment of China and trade. Weak legislation in Pakistan facilitates international players not only to change the regime of the country but also to create terror groups that misuse religious schools. This study suggests that legislation must be implemented gradually through strategies; otherwise, policy implementation may have an adverse impact. Legislation helps to protect a country from terrorism in two ways. Firstly, it reduces the likelihood of terrorism entering, and secondly, it helps to combat existing terrorism. Based on the findings, this study also recommends counterterrorism, security officials have to work covertly in the media and other sectors which can impact the severity of terrorism in the country; this entails adopting mimicking factors. We expect that the present study will contribute to social and political improvements and have beneficial effects on the economy.
Topic:
Security, Terrorism, Economy, and Legislation
Political Geography:
Pakistan and South Asia