Governor's Youth Race and Detention Task Force; Full Force, May 2009

This report, the Full Report, is the culmination of the Task Force’s responsibilities as set out in Executive Order 5, dated October 30, 2007. The Executive Order specifies a number of goals and report requirements.There is a commonly held perception that the use of detention may serve as a deterrent to future delinquency. Data in this report reflect that approximately 40% of youth detained in 2006 were re-detained in 2006. Research conducted by national experts indicates that, particularly for low risk/low level offenders, that the use of detention is not neutral, and may increase the likelihood of recidivism. Comparable data for Iowa are not available (national data studied for this report provide level of risk, but risk level related to detention is not presently available for Iowa). The Task Force finds no evidence suggesting that recidivism levels (as related to detention risk) in Iowa should be different than found in other states. Data in this report also suggest that detention is one of the juvenile justice system’s more costly sanctions ($257 - $340 per day). Other sites and local jurisdictions have been able to redirect savings from the reduced use of juvenile detention to support less costly, community-based detention alternatives without compromising public safety.

Juvenile Crime Prevention Community Grand Fund Outcomes Report and FY2002 Juvenile Justice Youth Development Program Summary, January 2002

This document contains two related, but separate reports. The Juvenile Crime Prevention Community Grant Fund Outcomes Report is a summary of outcomes from services and activities funded through the Juvenile Crime Prevention Community Grant Fund in FY2001. The Juvenile Justice Youth Development Program Summary describes Iowa communities’ current prevention and sanction programs supported with funding from the Division of Criminal and Juvenile Justice Planning (CJJP) during FY2002. The material in Juvenile Crime Prevention Community Grant Fund Outcomes Report is presented in response to a legislative mandate to report specific prevention outcomes for the community Grant Fund. It includes a brief description of a Youth Development Results Framework established by the Iowa Collaboration for Youth Development. Outcomes are reported using this results framework, which was developed by a number of state agencies as a common tool for various state programs involving youth development related planning and funding processes. Included in this report is a description of outcomes from the prevention activities funded, all or in part, by the Community Grant Fund, as reported by local communities. The program summaries presented in the Juvenile Justice Youth Development Program Summary provide an overview of local efforts to implement their 2002 Juvenile Justice Youth Development plans and include prevention and sanction programs funded through the combined resources of the State Community Grant Fund and the Federal Title V Prevention, Juvenile Justice & Delinquency Prevention Act Formula Grant and Juvenile Accountability Incentive Block Grant programs. These combined funds are referred to in this document as the Juvenile Justice Youth Development (JJYD) funds. To administer the JJYD funds, including funds from the Community Grant Fund, CJJP partners with local officials to facilitate a community planning process that determines the communities’ priorities for the use of the funds. The local planning is coordinated by the Iowa’s Decategorization Boards (Decats). These local officials and/or their staff have been leaders in providing oversight or staff support to a variety of local planning initiatives (e.g. child welfare, Comprehensive Strategy Pilot Projects, Empowerment, other) and bring child welfare and community planning experience to the table for the creation of comprehensive community longterm planning efforts. The allocation of these combined funds and the technical assistance received by the Decats from CJJP is believed to have helped enhance both child welfare and juvenile justice efforts locally and has provided for the recognition and establishment of connections for joint child welfare/juvenile justice planning. The allocation and local planning approach has allowed funding from CJJP to be “blended” or “braided” with other local, state, and federal dollars that flow to communities as a result of their local planning responsibilities. The program descriptions provided in this document reflect services and activities supported with JJYD funds. In many cases, however, additional funding sources have been used to fully fund the programs. Most of the information in this document’s two reports was submitted to CJJP by the communities through an on- line planning and reporting process established jointly by the DHS and CJJP.

Standard Specifications for Highway and Bridge Construction, 2012

When referenced, the 2012 edition of the Iowa Department of Transportation’s (Iowa DOT) Standard Specifications for Highway and Bridge Construction shall be used for contract work awarded by the Iowa DOT. They may also be incorporated by reference in other contract work on secondary, urban, local systems, or other contract work in which the Iowa DOT has an interest. As modified by the General Supplemental Specifications, these Standard Specifications represent the minimum requirements and may be modified by Supplemental Specifications, Developmental Specifications, and Special Provisions on specific contracts. These Standard Specifications have been written so the Contractor’s responsibilities are indicated by plain language using the Imperative Mood and Active Voice form. Sentences are of the form: Construct isolation joints at all points where driveways meet other walks, curbs, or fixtures in the surface. Ensure finished members are true to detailed dimensions and free from twists, bends, open joints, or other defects resulting from faulty fabrication or defective work. Personnel preparing the JMF shall be Iowa DOT certified in bituminous mix design. The Contracting Authority’s responsibilities are (with some exceptions) indicated by the use of the modal verb “will”. Sentences are of the form: The Engineer will obtain and test density samples for each lot according to Materials I.M. 204. Payment will be the contract unit price for Fabric Reinforcement per square yard (square meter). These standard specifications contain dual units of measure: the United States Standard measure (English units) and the International System of Units (SI or “metric” units). The English units are expressed first then followed by the metric units in parentheses. The measurements expressed in the two systems are not necessarily equal. In some cases the measurements in metric units is a “hard” conversion of the English measurement; i.e. the metric unit has been approximated with a rounded, rationalized metric measurement that is easy to work with and remember. The proposal form will identify whether the work was designed and shall be constructed in English or metric units.

Policy for Accommodating and Adjustment of Utilities on the Primary Road System, 2012

This chapter covers initial placement, adjustment, and maintenance of utility facilities in, on, above or below the right-of-way of primary highways, including attachments to primary highway structures. It embodies the basic specifications and standards needed to ensure the safety of the highway user and the integrity of the highway. (2012 revision to 2005 policy.)

Policy for Accommodating and Adjustment of Utilities on the Primary Road System, 2005

This chapter covers initial placement, adjustment, and maintenance of utility facilities in, on, above or below the right-of-way of primary highways, including attachments to primary highway structures. It embodies the basic specifications and standards needed, to ensure the safety of the highway user and the integrity of the highway. (2005 revision to 1992 policy.)

Mission-Oriented Dust Control and Surface Improvement Processes for Unpaved Roads, HR-194, 1981

Six subject areas prompted the broad field of inquiry of this mission-oriented dust control and surface improvement project for unpaved roads: • DUST--Hundreds of thousands of tons of dust are created annually by vehicles on Iowa's 70,000 miles of unpaved roads and streets. Such dust is often regarded as a nuisance by Iowa's highway engineers. • REGULATIONS--Establishment of "fugitive dust" regulations by the Iowa DEQ in 1971 has created debates, conferences, legal opinions, financial responsibilities, and limited compromises regarding "reasonable precaution" and "ordinary travel," both terms being undefined judgment factors. • THE PUBLIC--Increased awareness by the public that regulations regarding dust do in fact exist creates a discord of telephone calls, petitions, and increasing numbers of legal citations. Both engineers and politicians are frustrated into allowing either the courts or regulatory agencies to resolve what is basically a professional engineering responsibility. • COST--Economics seldom appear as a tenet of regulatory strategies, and in the case of "fugitive dust," four-way struggles often occur between the highway professions, political bodies, regulatory agencies, and the general public as to who is responsible, what can be done, how much it will cost, or why it wasn't done yesterday. • CONFUSION--The engineer lacks authority, and guidelines and specifications to design and construct a low-cost surf acing system are nebulous, i.e., construct something between the present crushed stone/gravel surface and a high-type pavement. • SOLUTION--The engineer must demonstrate that dust control and surface improvement may be engineered at a reasonable cost to the public, so that a higher degree of regulatory responsibility can be vested in engineering solutions.

The Effectiveness of Domestic Abuse Protective Orders and Court Practices in Sentencing Violators, July 2011

Deterring abuse is important to ensuring safety among domestic violence and assault victims. Protective orders are tools aimed at restricting contact between the victim and the abuser to prevent subsequent violence. While empirical research has indicated that protective orders are effective, the extent of the effectiveness is uncertain because violation rates have varied widely from study to study. In addition, little research exists to explain how violations of protective orders are handled, which factors are considered when giving penalties, and whether certain situations lead to a given type of penalty.

The Law of Lending Discrimination, June 2010

The purpose of this article is two-fold. First, it provides an overview of the types of lending discrimination, discusses what laws apply to lending discrimination, and explains how to establish a prima facie case and pretext. This discussion will borrow concepts and case law from the areas of employment discrimination and the related issue of rental discrimination. Each of these areas share similar required elements as well as the need to establish pre-text. Second, this article provides an overview of predatory lending practices, applicable law, and potential remedies.

Transportation and Iowa's Economic Future, 1993

This is a study of how transportation policy can be fashioned to improve Iowa's long-term economic prospects. The research focuses on the state level and covers pricing, resource allocation, investment, and other issues that directly affect the performance of public facilities that support transportation of goods and people to and from points in Iowa. Chapter 1 is an introduction. Chapter 2 begins with an assessment of how Iowa's economy is changing, both functionally and spatially. Commuting patterns and methods of goods movement are then discussed. The purpose of this analysis is to provide a context for the exploration of transportation policy issues in subsequent chapters. In Chapter 3 a framework is established for evaluating changes in transportation policies. A working definition of economic development is given and the role of government policies in making an area more attractive to economic activity is considered. Chapter 4 analyzes public policy options for Iowa's roads and highways. These policy options are intended to help the state compete for economic activity. Chapter 5 assesses alternative investment strategies for major navigational facilities on the upper Mississippi River. Chapter 6 examines major transportation policy issues in Iowa's agricultural sector. The current magnitude of agricultural shipments and the roles of several modes are presented. After focusing on issues related to railroad competitiveness, the analysis turns to how Iowa's rural roads should be financed. The need for joint investment and pricing decisions affecting waterways, railroads, and rural roads is stressed. Chapter 7 examines the current status of freight transportation in Iowa. An assessment is made of issues related to trucking and of intermodal transportation and its potential for cost-effective shipping to and from businesses in Iowa. Chapter 8 summarizes the key findings of this study, offering ten recommendations. These recommendations relate to transportation as a means of facilitating economic development.

Iowa Roads and Streets Functional Classification Manual, 1970

This manual provides a set of procedural rules and regulations for use in functionally classifying all roads and streets in Iowa according to the character of service they are intended to provide. Functional classification is a requirement of House File 394 (Functional Highway Classification Bill) enacted by the 63rd General Assembly of the Iowa Legislature. Functional classification is defined in this Bill as: "The grouping of roads and streets into systems according to the character of service they will be expected to provide, and the assignment of jurisdiction over each class to the governmental unit having primary interest in each type of service."

Iowa Roads and Streets Functional Classification Manual, 1975

This manual provides a set of procedural rules and regulations for use in functionally classifying all roads and streets in Iowa according to the character of service they are intended to provide. Functional classification is a requirement of the 1973 Code of Iowa (Chapter 306) as amended by Senate File 1062 enacted by the 2nd session of the 65th General Assembly of Iowa. Functional classification is defined as the grouping of roads and streets into systems according to the character of service they will be expected to provide, and the assignment of jurisdiction over each class to the governmental unit having primary interest in each type of service. Stated objectives of the legislation are: "Functional classification will serve the legislator by providing an equitable basis for determination of proper source of tax support and providing for the assignment of financial resources to the governmental unit having responsibility for each class of service. Functional classification promotes the ability of the administrator to effectively prepare and carry out long range programs which reflect the transportation needs of the public." All roads and streets in legal existence will be classified. Instructions are also included in this manual for a continuous reporting to the Highway Commission of changes in classification and/or jurisdiction resulting from new construction, corporation line changes, relocations, and deletions. This continuous updating of records is absolutely essential for modern day transportation planning as it is the only possible way to monitor the status of existing road systems, and consequently determine adequacy and needs with accuracy.

Foodstuffs and medicines as legal categories in the EU and China. Functional foods as a borderline case

The thesis discusses the regulation of foodstuffs and medicines, and particularly the regulation of functional foods. Legal systems investigated are the EU and China. Both are members of the WTO and Codex Alimentarius, which binds European and Chinese rules together. The study uses three Chinese berries as case examples of how product development faces regulation in practice. The berries have traditional uses as herbal medicines. Europe and China have similar nutrition problems to be resolved, such as obesity, cardiovascular disease, and diabetes. The three berries might be suitable raw materials for functional foods. Consumer products with health-enhancing functions, such as lowering blood pressure, might legally be classifi ed either as foodstuffs or medicines. The classifi cation will depend on functions and presentation of the product. In our opinion, food and medicine regulation should come closer together so the classifi cation issue would no longer be an issue. Safety of both foodstuffs and medicines is strictly regulated. With medicines, safety is a more relative concept, where benefi ts of the product are compared to side-effects in thorough scientifi c tests and trials. Foods, on the other hand, are not allowed to have side-effects. Hygiene rules and rules on the use of chemicals apply. In China, food safety is currently at focus as China has had several severe food scandals. Newly developed foods are called novel foods, and are specifi cally regulated. The current European novel food regulation from 1997 treats traditional third country products as novel. The Chinese regulation of 2007 also defi nes novel foods as something unfamiliar to a Chinese consumer. The concepts of novel food thus serve a protectionist purpose. As regards marketing, foods are allowed to bear health claims, whereas medicines bear medicinal claims. The separation is legally strict: foods are not to be presented as having medicinal functions. European nutrition and health claim regulation exists since 2006. China also has its regulation on health foods, listing the permitted claims and how to substantiate them. Health claims are allowed only on health foods. The European rules on medicines include separate categories for herbal medicines, traditional herbal medicines, and homeopathic medicines, where there are differing requirements for scientifi c substantiation. The scientifi c and political grounds for the separate categories provoke criticism. At surface, the Chinese legal system seems similar to the European one. To facilitate trade, China has enacted modern laws. Laws are needed as the country moves from planned economy to market economy: ‘rule of law’ needs to replace ‘rule of man’. Instead of being citizens, Chinese people long were subordinates to the Emperor. Confucius himself advised to avoid confl ict. Still, Chinese people do not and cannot always trust the legal system, as laws are enforced in an inconsistent manner, and courts are weak. In China, there have been problems with confl icting national and local laws. In Europe, the competence of the EU vs. the competence of the Member States is still not resolved, even though the European Commission often states that free trade requires harmonisation. Food and medicine regulation is created by international organisations, food and medicine control agencies, standards agencies, companies and their organisations. Regulation can be divided in ‘hard law’ and ‘soft law’. One might claim that hard law is in crisis, as soft law is gaining importance. If law is out of fashion, regulation certainly isn’t. In the future, ‘law’ might mean a process where rules and incentives are created by states, NGOs, companies, consumers, and other stakeholders. ‘Law’ might thus refer to a constant negotiation between public and private actors. Legal principles such as transparency, equal treatment, and the right to be heard would still be important.

Kansainvälisen kaupan arvoketjujen sääntely. Yhteiskuntavastuun ja ennakoivan oikeuden tarkastelua

Tausta Kansainvälinen kauppa on globaalia toimintaa, jossa tavaroiden ja palveluiden tuottaminen ja kuluttaminen on jakautunut maapallon eri osiin. Arvoketjukäsitteellä korostetaan eri toimijoiden panosta lopputuotteen valmistamiseksi, sekä yhteisten tavoitteiden merkitystä. Toimijaverkostot ovat moni-ilmeisiä ja monimutkaisia. Globaalin kaupan toinen tärkeä piirre on yhteiskuntavastuu, joka tulee esiin niin yksityisen kuin julkisen sektorin toiminnassa. Sen toteuttaminen asettaa suuria haasteita sekä yksityisen että julkisen sektorin toimijoille. Kansallisvaltion mahdollisuudet hallita globaaleja kaupan arvoketjuja julkisella sääntelyllä on osoittautunut ongelmalliseksi. Tutkimuskysymykset Tämä tutkimus on oikeustieteen alaan kuuluva sääntelytutkimuksen artikkeliväitöskirja, joka on tutkimusotteeltaan poikkitieteellinen. Tutkimus pyrkii kaikkiaan valaisemaan yksityisen sääntelyn käyttömahdollisuuksia ja rajoituksia elinkeinotoiminnassa. Keskeisessä roolissa oikeustieteen rinnalla on liiketaloustieteen tutkimus. Tutkimuskysymykset ovat ensinnäkin, mistä nousee kansainvälistä kauppaa koskeva yksityisen sääntelyn tarve ja toiseksi, mikä motivoi yrityksiä yksityiseen sääntelyyn tai itsesääntelyyn. Lopuksi pohditaan, miten lainsäätäjän tulisi suhtautua yksityiseen sääntelyyn. Tutkimuskysymyksiin vastaamalla syvennetään ja täsmennetään oikeustieteen piirissä tehtävää tutkimusta ennakoivasta oikeudesta. Menetelmät ja aineistot Tutkimus on oikeusvertaileva tutkimus, jossa pääpaino on yksityisessä sääntelyssä. Tutkimusaineisto nojautuu eri tieteenaloilla tehtyihin sekä kvalitatiivisiin että kvantitatiivisiin empiirisiin sääntelyjärjestelmien käyttöä ja toimivuutta koskeviin tutkimuksiin sekä tutkijan tekemään 42:en, metsäsektorin, elintarvikealan, vaatetusalan sekä vähittäiskaupan piirissä käytössä olevan sääntelyjärjestelmän analyysiin. Johtopäätökset Yksityisen sääntelyn tarve nousee tarpeesta hallita globaaleja arvoketjuja kohti yhteisiä tavoitteita. Tulevan lainsäädännön uhan sijasta yrityksiä motivoi yksityiseen sääntelyyn kilpailuedun tavoitteluun liittyvät tekijät. Koska kilpailuetuun yhä yleisemmin sisältyy yhteiskuntavastuullisuus, ovat yritysten tavoitteet ja julkisen sektorin tavoitteet lähentyneet. Erilaisten kansalaisjärjestöjen rooli kasvaa koko ajan. Ne osallistuvat vahvasti niin yksityisen sääntelyn laadintaan kuin myös sääntöjen valvontaan. Yksityisen sääntelyn tavoitteet ovat aiemmin liittyneet ympäristönsuojelun painottamiseen ja elintarviketurvallisuuteen erityisesti metsäsektorilla ja elintarvikealalla, myöhemmin sosiaalisen vastuullisuuden parantaminen on myös tullut painokkaammin esiin. Kansainvälisen kaupan piirissä syntynyttä yksityisen sääntelyn ilmiötä kuvataan tässä ennakoiva oikeus –käsitteellä. Aiempi tutkimus rajoittui tarkastelemaan ilmiötä vain ennakoivana lähestymistapana oikeuteen. Tässä painopiste on sen sijaan ennakoivan lähestymistavan avulla aikaansaaduissa sääntelyn välineissä ja lopputuloksissa: mahdollistavassa, valtaistavassa, dynaamisessa ja käyttäjäystävällisessä oikeudessa, jonka avulla luodaan mahdollisuuksia, ennalta ehkäistään ja hallitaan riskejä eikä pelkästään ratkaista jo syntyneitä ongelmia. Käsitteen sisältöä avataan tutkimuksessa sekä sääntelyjärjestelmien sisällöllisen tarkastelun että prosessiin liittyvän tarkastelun avulla.