Academic literature on the topic 'Office of Civil Rights Enforcement'

Robert Kim provides an overview of the work of the Department of Education’s Office of Civil Rights (OCR), which is responsible for enforcing civil rights laws prohibiting discrimination. They achieve this in three ways: (1) The Civil Rights Data Collection, a database containing information on school climate, teacher and staff capacity, and other measures; (2) civil rights policy guidance, which informs schools about the rules and regulations they must follow; and (3) investigations of civil rights violations in public schools.

As the federal entity in charge of enforcing civil rights law, the U.S. Department of Education’s Office for Civil Rights (OCR) plays a critical role in addressing the vast inequities that exist in U.S. education. Through an analysis of the policy guidance OCR issued for a number of areas during the Obama administration, we illustrate the agency’s comprehensive and practical approach to helping ensure that young people from different backgrounds have equitable access to education and equitable experiences once enrolled. This review provides the foundation for understanding civil rights enforcement in the current context of inequality; it is particularly timely, as the Trump administration has begun a rollback of existing guidance, which has concerning implications for students’ civil rights.

The purpose of the study is to analyze some systemic problems in the organization and activities of the institution of the Human-Rights Ombudsman in Russia, bodies of the Prosecutor’s Office, the Investigative Committee of Russia, as well as the conditions of interaction between the Human-Rights Ombudsman and law enforcement and human rights bodies. The methodological basis of the study was the use of system-structural and dialectical methods of scientific knowledge. For a more detailed study of the problems, the methods of analysis, synthesis, and generalization were applied. For the study of normative legal regulations, special methods of document analysis in the field of knowledge under study were applied. The result of the study was the conclusion that the protection of human and civil rights and freedoms is an integral part of a developed democratic state governed by the rule of law. The authors believe that in order to improve the quality of protection of human and civil rights and freedoms it is necessary, first, to reform a large number of elements of the state system. Particular attention in all this must be paid, first and foremost, to the organization, activities, and legal status of the institution of the Human-Rights Ombudsman in Russia, as well as the bodies of the Russian Prosecutor’s Office and the Russian Investigative Committee. The second stage should be the creation of optimal conditions for interaction between the Russian Human-Rights Ombudsman and the Russian Prosecutor’s Office, the Russian Investigative Committee, and other law enforcement agencies in order to protect human and civil rights and freedoms. The novelty of the study is in the author’s approach to the consideration of these problems, as well as in the development of appropriate proposals to address them.

The novel coronavirus, the cause of COVID-19, has sent shockwaves throughout the world, shuttered many businesses essentially overnight, and has left billions living worldwide in quarantine. Not surprisingly, the health care industry has been significantly affected by the COVID-19 pandemic. This article focuses on how COVID-19 has influenced the Office for Civil Rights’ (OCR’s) enforcement of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules as they relate to telehealth remote communications, and opines about whether the COVID-19-related changes to HIPAA Privacy Rule and Security Rule enforcement might last beyond the current crisis.

Based on the analysis of various scientific positions, the article reveals the administrative-legal nature and essence of state-service relations in the prosecutor’s office of the Russian Federation. It is noted that the uniqueness of the prosecutor’s service is due, among other things, to the execution of various law enforcement, human rights, control and supervisory and other functions by prosecutors, which indicates the multifunctionality of this type of public service. Such characteristics of the service in the prosecutor’s office, in turn, lead to increased requirements for the service itself, for the business and moral qualities of employees. On the basis of the methodology of integrative legal thinking, the author’s concept of civil service and service in the prosecutor’s office is given. The latter, in particular, is disclosed as a special type of professional activity carried out on behalf of the state by its citizens holding positions of the federal public service in the prosecutor’s office of the Russian Federation, in order to fulfill in accordance with the law on the prosecutor’s office and the rules establishing special moral and ethical requirements for their official and off-duty behavior of the duties assigned to the prosecutor’s office, carried out in order to ensure the supremance of law, unity and strengthening the rule of law, protect human and civil rights and freedoms, the interests of society and the state protected by law, as well as related to the performance of the functions of internal management of the prosecutor’s office, organizing and service in these bodies.

<em>Civil procedure of trademark enforcement runs in Pakistan under Trade Marks Ordinance 2001, Code of Civil Procedure 1908 and Specific Relief Act 1877. Trademark is one of the components of Intellectual Property Law, it is a mark, name, sign, smell or a sound which distinguishes goods and services of one undertaking from goods and services of other undertakings. It is required to be distinctiveness and non-descriptive, it losses its distinctiveness when owner of registered trademark does not take prompt action against its infringement. The registered trademark owner may file civil suit against infringement of his registered trademark before the concerned District Court of Law for claiming damages and obtaining injunctions. The Trademark Registry works under Intellectual Property Organization of Pakistan (IPO-Pakistan) for registration and protection of trademarks in Pakistan. Similarly, Intellectual Property Corporation of Malaysia (MyIPO) is empowered agency of trademark registration and its protection in Malaysia. The United States Patent and Trademark Office (USPTO) is responsible for registration and protection of trademarks in United States of America (USA). Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS Agreement) is the only International Treaty which contains exhaustive provisions on trademark enforcement includes civil procedure, administrative procedure, criminal procedure, provisional and border measures. Important civil procedure of trademark enforcement issues need to be clarified in trademark law of Pakistan includes trademark infringement, trademark dilution and rectification of trademark register. This article is comparative analysis of civil procedure of trademark enforcement in Pakistan, Malaysia and USA.</em>

The object of this research is the legal relations emerging in the process of protection of the rights of an undetermined circle of people in a court by competent officials from the prosecutor&rsquo;s office of the Russian Federation. The subject of this research is the sum of norms regulating prosecutorial participation in a civil proceeding for protection of rights of an undetermined circle of people, as well as theoretical and practical aspects of using legal means of the prosecutor in this sphere. It is determined that there are still instances in the process of prosecutorial participation in civil cases of erroneous interpretation of the &ldquo;undetermined circle of people&rdquo; by the subjects of law enforcement, which impedes the process of protection of the rights and freedoms of the undetermined circle of people by the Russian authorities. In the process of analyzing the rulings for 2019, the author outlines the qualifications for the undetermined circle of people, provides examples of improper interpretation of the concept of &ldquo;undetermined circle of people&rdquo; by the courts, and describes unequivocal typical statements of claim submitted by prosecutors in defense of undetermined circles of people, and cites mistakes made by authorized staff of the prosecutor&rsquo;s office during filing.

As the primary agency responsible for enforcing federal civil rights laws in the educational context, the U.S. Department of Education Office for Civil Rights (OCR) issues policy guidance to help ensure that school districts and universities understand their legal obligations. These policy guidance documents have direct connections to topics studied by educational researchers (e.g., disproportionality in special education, race conscious admissions policies in higher education, transgender student inclusion, etc.). However, we do not have an empirical understanding of how this guidance is used by the research community. Nor do we have a strong grasp on the extent to which this guidance is explicitly informed by research. It is important to acquire an empirical understanding of the bidirectional relationship between research and educational policy in the context of civil rights enforcement in order to determine areas of strength and those in need of improvement. Specifically, this study poses the following research questions: 1) How often and in what ways do scholars explicitly use OCR policy guidance to inform their research? What are the characteristics of this research? 2) Conversely, how often and in what ways does OCR explicitly use research to inform policy guidance? What are the characteristics of research cited in OCR guidance?

Introduction. The 1993 Constitution of the Russian Federation allows for the possibility of restricting rights and freedoms of individuals and establishes imperative conditions (principles) for the introduction and operation of these restrictions. One of these constitutional principles is the principle of proportionality: the rights and freedoms of a person and a citizen can be limited only to the extent necessary to achieve the goals specified in part 3 of Article 55. Theoretical analysis. The principle of proportionality of restrictions to certain goals is currently declared by the constitutions of many states, and is also part of the international legal criteria for restrictions on human rights. Some conceptual issues of the content of the constitutional principle of proportionality are resolved by the Constitutional Court of Russia. In its most general form, the principle of proportionality means that: the measures (means) used to restrict rights and freedoms must be conditioned by constitutional goals; restrictive measures (means) should not be greater than necessary; restrictive measures (means) should not lead to disproportionate, excessive restrictions. Empirical analysis. The analysis of the decisions of the Constitutional Court of Russia shows that in each specific case, the Court determines the necessary measure to restrict a particular right (freedom), comparing, weighing the constitutionally recognized values (on the one hand, the rights of a certain person, on the other, the rights of other persons, the interests of the state, public interests), as well as assessing the adequacy of the legal means used to achieve any constitutionally established goal (s) of restriction. The conclusions reached by the Court regarding the proportionality or disproportion (excess) of the restriction of this or that right are binding not only for the legislator, but also in some cases for the law enforcement officer. Results. It is concluded that the implementation of the constitutional principle of proportionality of restrictions in lawmaking and law enforcement means that when establishing and applying restrictions on rights and freedoms to achieve a certain constitutional goal (goals), exclusively necessary measures (means) must be provided and used in this situation. The principle of proportionality of restrictions is one of the criteria for assessing the constitutionality of the restriction of any right or freedom, as well as one of the guarantees against arbitrary (unreasonable, excessive, unconstitutional) restrictions, since it presupposes the existence of certain boundaries (limits, frameworks, conditions) of lawmaking and law enforcement.

This phenomenological study explored Black male law enforcement officers’ perspectives of how racial profiling shaped their decisions to explore and commit to a law enforcement career. Criterion and snow ball sampling was used to obtain the 17 participants for this study. Super’s (1990) archway model was used as the theoretical framework. The archway model “is designed to bring out the segmented but unified and developmental nature of career development, to highlight the segments, and to make their origin clear” (Super, 1990, p. 201). Interview data were analyzed using inductive, deductive, and comparative analyses. Three themes emerged from the inductive analysis of the data: (a) color and/or race does matter, (b) putting on the badge, and (c) too black to be blue and too blue to be black. The deductive analysis used a priori coding that was based on Super’s (1990) archway model. The deductive analysis revealed the participants’ career exploration was influenced by their knowledge of racial profiling and how others view them. The comparative analysis between the inductive themes and deductive findings found the theme “color and/or race does matter” was present in the relationships between and within all segments of Super’s (1990) model. The comparative analysis also revealed an expanded notion of self-concept for Black males – marginalized and/or oppressed individuals. Self-concepts, “such as self-efficacy, self-esteem, and role self-concepts, being combinations of traits ascribed to oneself” (Super, 1990, p. 202) do not completely address the self-concept of marginalized and/or oppressed individuals. The self-concept of marginalized and/or oppressed individuals is self-efficacy, self-esteem, traits ascribed to oneself expanded by their awareness of how others view them. (DuBois, 1995; Freire, 1970; Sheared, 1990; Super, 1990; Young, 1990). Ultimately, self-concept is utilized to make career and life decisions. Current human resource policies and practices do not take into consideration that negative police contact could be the result of racial profiling. Current human resource hiring guidelines penalize individuals who have had negative police contact. Therefore, racial profiling is a discriminatory act that can effectively circumvent U.S. Equal Employment Opportunities Commission laws and serve as a boundary mechanism to employment (Rocco & Gallagher, 2004).

This thesis analyzes the enforcement measures for the protection of intellectual property rights in an international and regional framework. The challenges posed by the digital technology
the difficulties faced by right holders, judiciary, public agencies, international and regional organizations in the implementation stages will be discussed by referring to the legal texts such as the TRIPS Agreement, the EU Enforcement Directive and Regulations. All dimensions of counterfeiting and piracy will constitute an important focus of this thesis. The thesis will seek to clarify uncertainties arising from the jurisdictional conflicts for the determination of the applicable law and competent courts in intellectual property cases involving foreign elements.

Thesis ( LLM.) --University of Limpopo, 2014
The Enforcement of the right to housing is one of the greatest challenges facing South African Government. The slow rate of housing delivery has forced society to suspect corruption. Communities from different provinces have demonstrated, through strikes and protest to their local municipalities, to register their discontent about the slow pace of housing delivery. The study focuses more on groups of people who are unable to address their emergency housing needs from their own resources, such as, minors heading households, children without parents, elderly, disabled and unemployed people. The study further discusses the possible remedies to these vulnerable people when their right of access to adequate housing has been infringed, especially during eviction.

Existing theoretical approaches to international human rights law governing the State's duty to respect and ensure the right to not be arbitrarily deprived of life do not provide a satisfactory analytical framework within which to consider the problem of a rogue civil airliner – a passenger-carrying civil aircraft under the effective control of one or more individuals who intend use the aircraft itself as a weapon against persons and property on the surface. A more satisfactory approach is provided by the addition of a norm of proportionality of effects that is analogous to that which has been developed within the framework of international humanitarian law and modern constitutional rights law. This additional norm would apply only where there is an irreconcilable conflict between the State's duties in respect of the right to life and all of the courses of action available will result in innocent persons being deprived of life.
Existants approches théoriques au droit international des droits humains régissant l'obligation de l'État de respecter et de garantir le droit de ne pas être privé arbitrairement de la vie ne fournissent pas un cadre analytique satisfaisant dans lequel de considérer le problème d'un aéronef civil à passagers renégat – un aéronef civil portant des passagers et sous le contrôle effectif d'un ou plusieurs individus ayant l'intention utiliser l'aéronef-même comme une arme contre des personnes et des biens à la surface. Une approche plus satisfaisante est fournie par l'ajout d'une norme de proportionnalité des effets qui est analogue à celle qui a été développé dans le cadre du droit international humanitaire et le droit moderne des droits constitutionnels. Cette norme supplémentaire s'applique que lorsqu'il y a un conflit insoluble entre les devoirs de l'État en respect du droit à la vie et tous les cours d'action disponibles se traduira par des personnes innocentes étant privé de leur vie.

Gender discrimination, such as sexual harassment, sexual assault and inequitable treatment has long been considered a prominent issue on higher education campuses and is regulated under the Patsy Takemoto Mink Equal Opportunity in Education Act, commonly known as Title IX. Title IX is enforced by the Department of Education’s Office for Civil Rights (OCR) who responds to gender discrimination complaints on campus through investigations resulting in what are called OCR Resolution Letters. These letters define numerous policies and procedures Institutions of Higher Education (IHE) must put in place pertaining to the prevention of gender discrimination. This qualitative study looks specifically at the ways that gender discrimination on campuses of higher education was defined by the OCR from 1997-2011. The study explores the research questions (1) How have the types of conduct determined to be gender discrimination changed over time? (2) How have expectations of IHE responsibilities for gender discrimination issues changed over time? and (3) What gender discrimination issues have surfaced as priorities in the implementation of Title IX, as reflected in OCR resolution letters? Analysis of the letters using a social construction framework demonstrates that while the definitions of specific types of gender discrimination remained constant, the context in which they occur and the types of behaviors determined to be gender discrimination have both expanded in response to societal attitudes. The OCR tends to take the stance of being an ally vs. a punishing body when aiding IHEs in implementing Title IX; however IHE’s required investment in addressing the problem in both response and preventive measures has grown. Finally, OCR Resolution letters demonstrate that student on student interactions have been less common than faculty on student interactions. Implications for IHE practices and future research are discussed.

"Issues of gender have always, and continue to, inhibit women from access to public office. With the increase of gender mainstreaming and struggle for equality, the internntional community has become increasingly aware of the absence of women in politics. The aims of this dissertation is not only, however, to be conscious of women's absence in politics, but to also take steps to redefine sound strategies to implement gender equality in terms of the political participation of women on the part of governments. This dissertation will focus on the place accorded to South African women in relation to the consolidation of a fairly new democracy, compared and contrasted to the struggle of their Cameroonian counterparts within the context of a much older democracy. Moreover, ratified conventional instruments as well as domestic constitutional dispositions currently in force in Cameroon dictate gender equality, thus calling for the implementation of special measures to enhance the participation of women. Yet, there have been no serious efforts on the part of Cameroon to revise or abrogate numerous coexisting discriminatory provisions and practices that perpetrate systematic discrimination against women in various ways within existing institutions. ... Chapter one sets out the scope of the study through the identification of the research problem and outlines the chosen methodology. This chapter also states the aims and objectives of the paper as well as its limitations. Chapter two considers the international and regional provisions governing women's rights. The main aim of this chapter is to recoup dispositions in human rights instruments with specific reference to gender equality and the participation of women in public life. Chapter three gives a historical backdrop of the participation of women in politics in both countries and sets out the domestic and constitutional provisions that relate to the status of women in politics in both Cameroon and South Africa. It also contains case studies to elucidate the particular challenges faced by women in these two countries. Chapter four analyses the extent to which Cameroon and South Africa have complied with international, regional as well as national human rights standards pertaining to women's political participation rights. The final chapter will contain conclusions and recommendations." -- Introduction.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004.
Prepared under the supervision of Dr. Letitia van der Poll, Faculty of Law of the University of the Western Cape, South Africa
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM

Few legal developments in South Africa and elsewhere in the world in recent times have excited such controversy as the legal recognition of social and economic rights. South Africa has created a special place for itself in world affairs for being one of the countries that recognise socio-economic rights in a justiciable Bill of Rights. Partly this is in response to the appalling levels of poverty prevalent in the country which could potentially destabilise the new democracy. Improvement of the quality of life of every citizen is a crucial step in consolidating the constitutional democracy. The question that will face any court in giving effect to socio-economic rights is: how are these rights to be judicially enforced in a given context? The crux of this thesis lies in the resolution of this question. Firstly this thesis traces the philosophical foundations to the legal recognition of socio-economic rights. It is stated that the recognition of these rights in a justiciable bill of rights requires a conceptually sound understanding of the nature of obligations that these rights place on the state. It is emphasised that it is imperative that access to justice be facilitated to poor and vulnerable members of society for the realisation of the constitutional goal of addressing inequality. Particular concern and priority should in this context be given to women, children and the disabled. The study explores various judicial remedies and makes suggestions on new and innovative constitutional mechanisms for judicial enforcement of these rights. It is concluded that there is an important role to be played by civil society in giving meaningful effect to socio-economic rights.

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This dissertation has as objective the analysis of the sentence and the current Brazilian prison system. It aims to highlight the real problems presented by the prison system in the face of legislation that is not applied to social reality. Therefore, this paper begins with historical resume of the sentence and the beginning of the penitentiary system, reaching the current system. Subsequently, we analyze the principles surrounding the issue of criminal enforcement by analyzing also the present legislation in our legal system and internationally, correlating what "should be" by law, with what actually "is" actually evidencing a total disregard for the constitutional order established. Finally, we analyze the participation of society in enforcement of the penalty order to enhance the good attitudes of the civil community that contribute to the rehabilitation of the offender, first generally and then in the State of Goias.
A presente dissertação tem como objetivo a análise da execução da pena e sobre o sistema penitenciário brasileiro atual. Busca-se evidenciar os problemas reais apresentados pelo sistema penitenciário em face de uma legislação que não é aplicada à realidade social. Portanto, a presente dissertação inicia-se com retomada histórica da pena e o início do sistema penitenciário, chegando até o sistema atual. Posteriormente, analisam-se os princípios que circundam a questão da execução penal analisando, também, a legislação presente em nosso ordenamento jurídico e no âmbito internacional, correlacionando o que deveria ser pela lei, com o que realmente é na realidade, evidenciando-se um total desrespeito a ordem constitucional estabelecida. Por fim, analisa-se a participação da sociedade na execução da pena buscando evidenciar as boas atitudes da comunidade civil que contribuem para a ressocialização do condenado, primeiramente de maneira geral e, posteriormente, no âmbito do Estado de Goiás.

Abstract The ultimate goal in the South was to end segregation, but nationwide equal-rights were the common goal of all African-Americans. Nonviolent protests and over aggressive police departments became the norm within the African-American community. Understated in the history of the Civil Rights Era is the role of armed resistance and Black Nationalism. Marcus Garvey, Stokely Carmichael, Huey P. Newton, and Malcolm X were Black Nationalists that led the charge of Black Nationalism worldwide. The Deacons of Defense, the Lowndes County Freedom Organization (LCFO) and the Black Panther Party for Self Defense transformed the social makeup of the country and became major causes of the militarization of police departments across the United States. Many police departments across America began to create SWAT teams and use military-style weaponry following an outbreak of riots and the assassination of Dr. Martin Luther King Jr. In New Orleans, Louisiana, stand-offs and shoot-outs with Black Panther members warranted a call for military backup, but it was the acts of Mark James Robert Essex that totally militarized the New Orleans Police Department.

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The objective of the following essay is to demonstrate how the constitutional principles of the rights to contest and of legal defense should be applied to the acts within the public prosecution. This kind of process is based in inquiring examination, which requires secrecy. To support the adversary practice here would, therefore, be an incongruent statement. After studying the evolution of the study of legal principles, we traced an epistemological division, to present the value and the reach of the laws constitutionally originated as fundamental rights. Now, appears the conflict between national security, represented by the secret investigation, against the due process of law, guarantied as an individual liberty. As an immediate consequence of the due process of law, we find the right to contest and the right of legal defense, concluding that the State of Law will only achieve its plenitude when all aspects of legitimate defense become effectively guarantied. Intending to penetrate profoundly within the inquisition instrument, centered as object of this essay; we drove through the roads traced by experts in Public Law, in innumerous attempts to define the series of acts and facts bonded in the heart of the Public Administration. The administrative process is a conquest of conceptual revolution, aroused after many debates, mainly when we determined the exact limits between the State functions. The Public District Attorney Office, once born to cohibit arbitrary acts, originated from the concentration of inquisitor and decision making powers in the hands of the sovereign one, now tends to insert itself in this power concentrating position. One of its most powerful instruments, the public prosecution, attributes to each member of the D.A. Office a compound of immense investigatory powers, a fact that per se, is enough to embrace the present theory. The conclusion arrived, giving prestige to modern public process policies and demanding the effectiveness of constitutional principles, lines itself in a parallel position to the world search for the materialization of human rights
O presente trabalho tem por finalidade demonstrar que os princípios constitucionais do contraditório e da ampla defesa devem ser aplicados aos atos que se encadeiam durante o curso do inquérito civil. Buscou-se em toda a dissertação demonstrar a incongruência presente na afirmação de que, por ser inquisitorial o processo, inexistiria espaço para a concretização de diversos aspectos da contrariedade. A partir do estudo da evolução da principiologia, foi traçado um corte epistemológico, para enfim apresentar o valor e o alcance das normas erigidas constitucionalmente como direitos fundamentais. Surge o embate entre a segurança social, representada pela inquisitoriedade pura e, de outro lado, o devido processo legal, assegurador da liberdade individual. Como decorrência imediata do devido processo legal, encontram-se o contraditório e a ampla defesa, pelo que a conclusão será que o Estado de Direito somente atingirá sua plenitude quando se garantir a efetividade plena a todos os aspectos da defesa. A fim de adentrar em definitivo no instrumento inquisitorial objeto do trabalho, serão percorridos os caminhos traçados pelos administrativistas, nas inúmeras tentativas de definir a sucessão de atos e fatos ocorridos no seio da Administração Pública. O processo administrativo é uma conquista da evolução conceitual, após infindáveis debates, sobretudo quando delimitamos o exato limite entre as funções do Estado. A instituição do Ministério Público, nascida para coibir arbitrariedades advindas da concentração de poderes investigatórios e decisórios nas mãos do soberano, acaba por se inserir no espectro das atividades estatais. Um de seus instrumentos mais poderosos, o inquérito civil, atribui a cada membro do parquet, uma gama imensa de poderes investigatórios, fato que, por si só, seria suficiente para embasar a presença da defesa. A conclusão a que se chega, ao prestigiar a moderna processualística administrativa e exigir a efetividade dos princípios constitucionais, alinha-se à busca mundial pela concretização dos direitos humanos

When mixed-race persons are removed from society because they have either been arrested or convicted of a criminal offense, the criminal justice system they enter is not devoid of racial hierarchy. In fact, there are ways in which the criminal justice system is even more explicitly racially stratified with whites as the bulk of law enforcement officers and non-whites as the disproportionate portion of arrestees and inmates. Ninety percent of those admitted to prison for drug offenses in many states are black and/or Latino, and convictions for drug offenses have been identified as the single most important cause of the explosion in incarceration rates in the United States. It is thus noteworthy to observe that mixed-race arrestees and prisoners describe their experiences of discrimination in ways that parallel the white versus non-white binary found in all other multiracial discrimination contexts.

This chapter discusses patent law enforcement in the UK, US, Continental Europe, and Asia, first considering the rules on infringement. In the UK, for instance, patent infringement is not a crime, but a tort. Essentially, the right given by a patent is the right to sue for infringement. While this is true for all countries having an Anglo-Saxon legal system and also for many others, there are some countries in which patent infringement is a criminal offence. With regard to procedure, matters of patent law are under the sole jurisdiction of federal courts in the US. In the UK, nearly all infringement actions are heard by the courts and regulated by the Civil Procedure Rules 1998. In Continental Europe, most of the evidence is written, rather than oral, and the role of the judge is seen more as that of an investigator than that of a referee.

This chapter provides a detailed examination of the politics of criminalization in four key areas: the enforcement of working time rights by the Health and Safety Executive, the enforcement of National Minimum Wage entitlements by Her Majesty’s Revenue and Customs (HMRC), the enforcement role of the Employment Agencies Standards Inspectorate, and the licensing regime administered by the Gangmasters and Labour Abuse Authority. It examines these diverse regimes through an enforcement lens. The Gangmasters and Labour Abuse Authority regime provides for a system of licensing for ‘gangmasters’ in specific sectors of economic activity. The Employment Agency Standards Inspectorate statutory framework specifies that a failure of employment agencies to comply with the certain specified standards itself constitutes a criminal offence. The National Minimum Wage framework provides for a composite mechanism of civil and criminal enforcement. Finally, the various working time limits in the Working Time Regulations are enforced through criminal offences.

The Health Insurance Portability and Accountability Act (HIPAA) imposes huge burdens on U.S. healthcare organizations in added overhead costs for compliance, as many research studies have documented. This chapter examines the additional high costs healthcare organizations in the U.S.A. incur in the aftermath of a privacy breach. Our study is based on a simple model of the information flow in a typical healthcare organization that must operate under the various policy formulation guidelines of the HIPAA legislation. We first analyze the documented examples of HIPAA enforcement actions by the Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services. We then examine the specific value of Rasmussen's model of human behavior in identifying the causes of human errors that lead to HIPAA breaches. We conclude the chapter with an overview of cost mitigation strategies and important recommendations for healthcare managers.

In 1972 the families of Phillip Gibbs, James Earl Green, and three students injured in the Jackson State shootings, filed suit against Mississippi, its former governor, the city of Jackson and its mayor, leadership of both the highway patrol and city police, and the patrolmen and policemen who had fired their weapons. White defense attorneys worked to recast the police and Jackson’s white citizens as the shooting’s victims and coupled presumed black criminality with accusations about civil rights activism. Jackson’s black community was not surprised when the all-white jury found for the defendants. A federal appeals court disagreed, finding law enforcement officers had overreacted in an “excessive and unjustifiable use of force” but maintained no damages could be paid because the state and its officers were protected by “sovereign immunity.” When the US Supreme Court refused to hear the case, the last legal recourse of the Jackson State victims ended.

This chapter explores the many ways in which Trump abused the powers of his office to create what it calls a Madisonian nightmare. Trump’s abuses of power included his efforts (1) to obstruct the special counsel’s investigation of Russia’s interference with the 2016 election; (2) to gain personal, political advantages from Ukraine and other countries while carrying out his official duties as president; (3) to obstruct the exercise of Congress’s impeachment and other investigatory powers; (4) to push the Department of Justice to investigate his political enemies and to protect his political allies from the enforcement of federal law; (5) to punish sanctuary jurisdictions for refusing to help implement the administration’s harsh immigration policies; and (6) to defy Congress by reallocating funds to pay for a border wall despite congressional disapproval of such action. These abuses of power show why it is crucial for progressives going forward to prioritize the reining in of presidential power in domestic affairs as a political issue, adding it to traditional liberal concerns such as economic justice and civil rights protections. The chapter ends with specific suggestions on how Congress and the courts can constitutionally limit the powers of the presidency in domestic affairs in ways that can help deter the types of repeated and dangerous presidential abuses of power that the nation experienced during the Trump era.

The article discusses ways to protect property rights and other property rights associated with other civil law institutions. The practice of law enforcement in the field of protection of property rights and other property rights faces unresolved issues, while the effectiveness of law enforcement directly depends on a uniform understanding and application of the law. The increase in the number of legal disputes related to the protection of property rights makes it important for the law enforcement officer to address issues that need theoretical understanding.

The Supervisory organ is a compulsory element in the governance structure of the European Structures for Business Association, namely the European Company (Societas Europaea) and the European Cooperative Society (Societas Cooperativa Europaea) that have chosen a two-tier system for their organizations. The organ under consideration presents a hybrid regulatory framework. On the one hand, these are the provisions in the regulations of the European Union, and, on the other, the national law regulations. The organ in question has specific characteristics. Its members are elected by the General meeting. The staff of the first supervisory board may be appointed in the statues. This should apply without prejudice to any employee participation arrangements determined pursuant to Directive 2003/72 / EC. The members of the Supervisory organ are elected for the term specified in the Statute of the association. Their maximum term of office after the expiry mandate date may not exceed six months. The package of powers includes constitutional, authoritative and controlling rights and obligations. The supervisory organ shall elect and dismiss members or an individual member of the management organ. In cases explicitly provided for in the statute of the association, a certain category of legal transactions cannot be concluded by the management organ without the permission of the supervisory organ. Its controlling functions are particularly important. The supervisory organ shall supervise the duties performed by the management organ. It may not itself exercise the power to manage the associations. The supervisory organ may not represent the associations in dealings with third parties. It shall represent the associations in dealings with the management body, or its members, in respect of litigation or the conclusion of contracts. The management organ shall report to the supervisory body at least once every three months on the progress and foreseeable developments of the association’s business, taking into account any information relating to undertakings controlled by the association that may significantly affect the progress of the association business. The members of the Supervisory organ are holders of Civil liability. Its legal basis is the relevant rules in the national law relating to joint stock companies or cooperative organizations in the Member States in which they have registered their office. This liability is based on the possible damage caused by illegal or incorrect acts or actions.

Pandemic of virus COVID-19 posed numerous and unprecedented challenges to citizens and authorities which required shift in behavior and actions of all segments of society. Representing Ombudsmen Institution of Bosnia and Herzegovina, authors shared their experience in monitoring implementation of the decisions of all levels of government and presented challenges in striking the right balance between interests of public health and protection of rights of vulnerable groups. Public authorities in Bosnia and Herzegovina have passed emergency measures aimed at containing the spread of virus, but some of them failed to maintain human rights standards. Following the decisions of crisis centers to limit the freedom of movement, it was necessary to secure rights of children to education, protection from domestic violence and neglect in the family context. In introducing online education, authorities were asked to adapt recognition and grading system to the children in different conditions and circumstances, especially to the children with difficulties in development, children living in poverty and on margins of society such as Roma children or those living in institutions. Ombudsmen Institution registered increase in the number of domestic violence cases because measures limiting freedom of movement had impact on victims' ability to seek help from trusted sources, usually members of immediate family or representatives of law enforcement agencies. Having in mind that large number of citizens could not afford access to the official gazettes in any form, Ombudsmen requested that all enacted legislation be accessible online recommended that the decision banning reporters from conferences be reconsidered, guided by the right of citizens to be informed of their government actions. Examining the practice of placing COVID stickers on mail by the Post Office, Ombudsmen issued recommendation to stop such practice as it was deemed disproportional to the right to privacy and protection of personal data, while the protection of postal workers could have been ensured by other protective measures. It also became evident that national budgetary capacities had to be increased in order to prevent deterioration in provision of basic public services such as health and social protection, since economic consequences of the pandemic were disproportionally felt by the groups exposed to poverty, such as Roma, refugees or migrants. Drawing conclusion from concrete cases, authors offer review of particular emergency measures, analyze their adequacy, justifiability and timeliness, while presenting authorities’ response to Ombudsmen’s findings in formulating more adequate and efficient but, at the same time, least intrusive measures taken in response to the disaster. In search of common response to such widespread phenomenon, governments should recognize the intention of Ombudsmen Institutions to be in „permanent session“ over protection of vulnerable groups and should more actively involve it in discussions on emergency measures and their effect on human rights and freedoms. It proved to be better suited to act quickly, to apply more effective remedies and to correct government actions thanks to its knowledge of the local context than traditional institutions for protection of human rights, such as constitutional courts, international courts or treaty bodies.

For the last several years, the railroad industry has been developing various elements for typical Positive Train Control (PTC) systems and has been demonstrating their functionality. In order to test the capabilities of these systems, Transportation Technology Center, Inc. (TTCI), the industry, and Federal Railroad Administration (FRA) have guided and funded the development of the PTC Test Bed located at the Transportation Technology Center (TTC) in Pueblo, Colorado. Recent upgrades to the PTC Test Bed at TTC have enhanced the capabilities to support on-track testing of Interoperable Train Control (ITC aka I-ETMS®) system/subsystem functionality (including radio communications), interoperability, and performance/stress characterization. Now, onboard, wayside, and office additions have been made for the PTC Test Bed to support testing associated with Advanced Civil Speed Enforcement System (ACSES) II systems and equipment. In support of train control objectives, TTCI has also implemented a broken rail detection test bed, which has produced some interesting results.

The Southeastern Pennsylvania Transportation Authority (SEPTA), the 6th largest transit system in the U.S. by passenger miles travelled, is among the nation’s commuter rail agencies in the process of implementing Positive Train Control (PTC) that must be completed by the Federal mandate deadline of December, 2015. SEPTA will be implementing ACSES (Advanced Civil Speed Enforcement System), originally introduced on Amtrak on portions of the Northeast Corridor (NEC), as an overlay system applied upon a base of Automatic Train Control (ATC) cab signaling. Every SEPTA train travels on Amtrak territory as a “tenant” at some time during its daily run, and consequently ACSES is required for interoperable PTC operation on Amtrak. The application of ACSES on SEPTA territory will be complemented by a simultaneous upgrading of existing and new ATC on SEPTA. Among the many decisions faced by the SEPTA PTC design team, the PTC communications systems design has proven to be challenging. The communications systems include digital radios, communications managers, ground based networks, office systems, network management and network security. Some elements have been designed from the ground up, with few commercial “off the shelf” components available to meet the design requirements. Moreover, SEPTA had limited 220 MHz spectrum available for a PTC radio network in a relatively compact geographic area of dense commuter rail traffic. The radio network and communications managers, in particular, are breaking new ground for U.S. commuter rail operations with adoption of Time Division Multiple Access (TDMA) digital packet radios operating in the 220 MHz spectrum, under the control of communications managers. This paper will present an overview of SEPTA’s PTC communications systems, and focus upon the design process, subsequent field testing, and the rationale behind key decisions reached by the design team, that led to the selection of the technologies and network topologies that will be utilized in meeting the implementation of PTC at SEPTA.

Aim/Purpose: This paper provides the results of the preliminary analysis of the findings of an ongoing study that seeks to examine the social media use, cultural and political awareness, civic engagement, issue prioritization, and social activism of Gen Z students enrolled at four different institutional types located in the Mid-Atlantic region of the United States. The aim of this study is to look at the group as a whole as well as compare findings across populations. The institutional types under consideration include a mid-sized majority serving or otherwise referred to as a traditionally white institution (TWI) located in a small coastal city on the Atlantic Ocean, a small Historically Black University (HBCU) located in a rural area, a large community college located in a county that is a mixture of rural and suburban and which sits on the border of Maryland and Pennsylvania, and graduating high school students enrolled in career and technical education (CTE) programs in a large urban area. This exploration is purposed to examine the behaviors and expectations of Gen Z students within a representative American region during a time of tremendous turmoil and civil unrest in the United States. Background: Over 74 million strong, Gen Z makes up almost one-quarter of the U.S. population. They already outnumber any current living generation and are the first true digital natives. Born after 1996 and through 2012, they are known for their short attention spans and heightened ability to multi-task. Raised in the age of the smart phone, they have been tethered to digital devices from a young age with most having the preponderance of their childhood milestones commemorated online. Often called Zoomers, they are more racially and ethnically diverse than any previous generation and are on track to be the most well-educated generation in history. Gen Zers in the United States have been found in the research to be progressive and pro-government and viewing increasing racial and ethnic diversity as positive change. Finally, they are less likely to hold xenophobic beliefs such as the notion of American exceptionalism and superiority that have been popular with by prior generations. The United States has been in a period of social and civil unrest in recent years with concerns over systematic racism, rampant inequalities, political polarization, xenophobia, police violence, sexual assault and harassment, and the growing epidemic of gun violence. Anxieties stirred by the COVID-19 pandemic further compounded these issues resulting in a powder keg explosion occurring throughout the summer of 2020 and leading well into 2021. As a result, the United States has deteriorated significantly in the Civil Unrest Index falling from 91st to 34th. The vitriol, polarization, protests, murders, and shootings have all occurred during Gen Z’s formative years, and the limited research available indicates that it has shaped their values and political views. Methodology: The Mid-Atlantic region is a portion of the United States that exists as the overlap between the northeastern and southeastern portions of the country. It includes the nation’s capital, as well as large urban centers, small cities, suburbs, and rural enclaves. It is one of the most socially, economically, racially, and culturally diverse parts of the United States and is often referred to as the “typically American region.” An electronic survey was administered to students from 2019 through 2021 attending a high school dual enrollment program, a minority serving institution, a majority serving institution, and a community college all located within the larger mid-Atlantic region. The survey included a combination of multiple response, Likert scaled, dichotomous, open ended, and ordinal questions. It was developed in the Survey Monkey system and reviewed by several content and methodological experts in order to examine bias, vagueness, or potential semantic problems. Finally, the survey was pilot tested prior to implementation in order to explore the efficacy of the research methodology. It was then modified accordingly prior to widespread distribution to potential participants. The surveys were administered to students enrolled in classes taught by the authors all of whom are educators. Participation was voluntary, optional, and anonymous. Over 800 individuals completed the survey with just over 700 usable results, after partial completes and the responses of individuals outside of the 18-24 age range were removed. Findings: Participants in this study overwhelmingly were users of social media. In descending order, YouTube, Instagram, Snapchat, Twitter, Facebook, Pinterest, WhatsApp, LinkedIn and Tik Tok were the most popular social media services reported as being used. When volume of use was considered, Instagram, Snapchat, YouTube and Twitter were the most cited with most participants reporting using Instagram and Snapchat multiple times a day. When asked to select which social media service they would use if forced to choose just one, the number one choice was YouTube followed by Instagram and Snapchat. Additionally, more than half of participants responded that they have uploaded a video to a video sharing site such as YouTube or Tik Tok. When asked about their familiarity with different technologies, participants overwhelmingly responded that they are “very familiar” with smart phones, searching the Web, social media, and email. About half the respondents said that they were “very familiar” with common computer applications such as the Microsoft Office Suite or Google Suite with another third saying that they were “somewhat familiar.” When asked about Learning Management Systems (LMS) like Blackboard, Course Compass, Canvas, Edmodo, Moodle, Course Sites, Google Classroom, Mindtap, Schoology, Absorb, D2L, itslearning, Otus, PowerSchool, or WizIQ, only 43% said they were “very familiar” with 31% responding that they were “somewhat familiar.” Finally, about half the students were either “very” or “somewhat” familiar with operating systems such as Windows. A few preferences with respect to technology in the teaching and learning process were explored in the survey. Most students (85%) responded that they want course announcements and reminders sent to their phones, 76% expect their courses to incorporate the use of technology, 71% want their courses to have course websites, and 71% said that they would rather watch a video than read a book chapter. When asked to consider the future, over 81% or respondents reported that technology will play a major role in their future career. Most participants considered themselves “informed” or “well informed” about current events although few considered themselves “very informed” or “well informed” about politics. When asked how they get their news, the most common forum reported for getting news and information about current events and politics was social media with 81% of respondents reporting. Gen Z is known to be an engaged generation and the participants in this study were not an exception. As such, it came as no surprise to discover that, in the past year more than 78% of respondents had educated friends or family about an important social or political issue, about half (48%) had donated to a cause of importance to them, more than a quarter (26%) had participated in a march or rally, and a quarter (26%) had actively boycotted a product or company. Further, about 37% consider themselves to be a social activist with another 41% responding that aren’t sure if they would consider themselves an activist and only 22% saying that they would not consider themselves an activist. When asked what issues were important to them, the most frequently cited were Black Lives Matter (75%), human trafficking (68%), sexual assault/harassment/Me Too (66.49%), gun violence (65.82%), women’s rights (65.15%), climate change (55.4%), immigration reform/deferred action for childhood arrivals (DACA) (48.8%), and LGBTQ+ rights (47.39%). When the schools were compared, there were only minor differences in social media use with the high school students indicating slightly more use of Tik Tok than the other participants. All groups were virtually equal when it came to how informed they perceived themselves about current events and politics. Consensus among groups existed with respect to how they get their news, and the community college and high school students were slightly more likely to have participated in a march, protest, or rally in the last 12 months than the university students. The community college and high school students were also slightly more likely to consider themselves social activists than the participants from either of the universities. When the importance of the issues was considered, significant differences based on institutional type were noted. Black Lives Matter (BLM) was identified as important by the largest portion of students attending the HBCU followed by the community college students and high school students. Less than half of the students attending the TWI considered BLM an important issue. Human trafficking was cited as important by a higher percentage of students attending the HBCU and urban high school than at the suburban and rural community college or the TWI. Sexual assault was considered important by the majority of students at all the schools with the percentage a bit smaller from the majority serving institution. About two thirds of the students at the high school, community college, and HBCU considered gun violence important versus about half the students at the majority serving institution. Women’s rights were reported as being important by more of the high school and HBCU participants than the community college or TWI. Climate change was considered important by about half the students at all schools with a slightly smaller portion reporting out the HBCU. Immigration reform/DACA was reported as important by half the high school, community college, and HBCU participants with only a third of the students from the majority serving institution citing it as an important issue. With respect to LGBTQ rights approximately half of the high school and community college participants cited it as important, 44.53% of the HBCU students, and only about a quarter of the students attending the majority serving institution. Contribution and Conclusion: This paper provides a timely investigation into the mindset of generation Z students living in the United States during a period of heightened civic unrest. This insight is useful to educators who should be informed about the generation of students that is currently populating higher education. The findings of this study are consistent with public opinion polls by Pew Research Center. According to the findings, the Gen Z students participating in this study are heavy users of multiple social media, expect technology to be integrated into teaching and learning, anticipate a future career where technology will play an important role, informed about current and political events, use social media as their main source for getting news and information, and fairly engaged in social activism. When institutional type was compared the students from the university with the more affluent and less diverse population were less likely to find social justice issues important than the other groups. Recommendations for Practitioners: During disruptive and contentious times, it is negligent to think that the abounding issues plaguing society are not important to our students. Gauging the issues of importance and levels of civic engagement provides us crucial information towards understanding the attitudes of students. Further, knowing how our students gain information, their social media usage, as well as how informed they are about current events and political issues can be used to more effectively communicate and educate. Recommendations for Researchers: As social media continues to proliferate daily life and become a vital means of news and information gathering, additional studies such as the one presented here are needed. Additionally, in other countries facing similarly turbulent times, measuring student interest, awareness, and engagement is highly informative. Impact on Society: During a highly contentious period replete with a large volume of civil unrest and compounded by a global pandemic, understanding the behaviors and attitudes of students can help us as higher education faculty be more attuned when it comes to the design and delivery of curriculum. Future Research This presentation presents preliminary findings. Data is still being collected and much more extensive statistical analyses will be performed.

In the decade after the Civil Rights Act of 1964, African Americans made historic gains in accessing employment opportunities in racially integrated workplaces in U.S. business firms and government agencies. In the previous working papers in this series, we have shown that in the 1960s and 1970s, Blacks without college degrees were gaining access to the American middle class by moving into well-paid unionized jobs in capital-intensive mass production industries. At that time, major U.S. companies paid these blue-collar workers middle-class wages, offered stable employment, and provided employees with health and retirement benefits. Of particular importance to Blacks was the opening up to them of unionized semiskilled operative and skilled craft jobs, for which in a number of industries, and particularly those in the automobile and electronic manufacturing sectors, there was strong demand. In addition, by the end of the 1970s, buoyed by affirmative action and the growth of public-service employment, Blacks were experiencing upward mobility through employment in government agencies at local, state, and federal levels as well as in civil-society organizations, largely funded by government, to operate social and community development programs aimed at urban areas where Blacks lived. By the end of the 1970s, there was an emergent blue-collar Black middle class in the United States. Most of these workers had no more than high-school educations but had sufficient earnings and benefits to provide their families with economic security, including realistic expectations that their children would have the opportunity to move up the economic ladder to join the ranks of the college-educated white-collar middle class. That is what had happened for whites in the post-World War II decades, and given the momentum provided by the dominant position of the United States in global manufacturing and the nation’s equal employment opportunity legislation, there was every reason to believe that Blacks would experience intergenerational upward mobility along a similar education-and-employment career path. That did not happen. Overall, the 1980s and 1990s were decades of economic growth in the United States. For the emerging blue-collar Black middle class, however, the experience was of job loss, economic insecurity, and downward mobility. As the twentieth century ended and the twenty-first century began, moreover, it became apparent that this downward spiral was not confined to Blacks. Whites with only high-school educations also saw their blue-collar employment opportunities disappear, accompanied by lower wages, fewer benefits, and less security for those who continued to find employment in these jobs. The distress experienced by white Americans with the decline of the blue-collar middle class follows the downward trajectory that has adversely affected the socioeconomic positions of the much more vulnerable blue-collar Black middle class from the early 1980s. In this paper, we document when, how, and why the unmaking of the blue-collar Black middle class occurred and intergenerational upward mobility of Blacks to the college-educated middle class was stifled. We focus on blue-collar layoffs and manufacturing-plant closings in an important sector for Black employment, the automobile industry from the early 1980s. We then document the adverse impact on Blacks that has occurred in government-sector employment in a financialized economy in which the dominant ideology is that concentration of income among the richest households promotes productive investment, with government spending only impeding that objective. Reduction of taxes primarily on the wealthy and the corporate sector, the ascendancy of political and economic beliefs that celebrate the efficiency and dynamism of “free market” business enterprise, and the denigration of the idea that government can solve social problems all combined to shrink government budgets, diminish regulatory enforcement, and scuttle initiatives that previously provided greater opportunity for African Americans in the government and civil-society sectors.