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Journal articles on the topic 'Office of Civil Rights Enforcement'
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1
Kim, Robert. "Under the Law: Civil rights enforcement in education: The federal role." Phi Delta Kappan 102, no. 3 (October 26, 2020): 64–65. http://dx.doi.org/10.1177/0031721720970707.
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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.
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Cohen, Laurie T. "Office of Civil Rights’ HIPAA Enforcement Actions Provide Valuable Insight to Radiologists." Journal of the American College of Radiology 13, no. 6 (June 2016): 666–67. http://dx.doi.org/10.1016/j.jacr.2016.03.007.
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Lewis, Maria M., Liliana M. Garces, and Erica Frankenberg. "A Comprehensive and Practical Approach to Policy Guidance: The Office for Civil Rights’ Role in Education During the Obama Administration." Educational Researcher 48, no. 1 (September 19, 2018): 51–60. http://dx.doi.org/10.3102/0013189x18801549.
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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.
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Demina, Elizaveta Petrovna, and Nikita Vladimirovich Babich. "Interaction of the human-rights ombudsman in the Russian Federation with human rights law enforcement (on the example of the prosecutor’s office and the investigative committee)." SHS Web of Conferences 118 (2021): 03023. http://dx.doi.org/10.1051/shsconf/202111803023.
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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.
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Mortell, Thomas J., and Austin T. Strobel. "Changes in the office for civil rights enforcement policy on telehealth remote communications in response to COVID-19." Journal of Pediatric Rehabilitation Medicine 13, no. 3 (November 23, 2020): 389–92. http://dx.doi.org/10.3233/prm-200760.
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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.
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Smirnov, A. V. "The concept and the administrative-legal nature of public service in the prosecutor’s office of the Russian Federation." Penitentiary Science 14, no. 3 (2020): 394–99. http://dx.doi.org/10.46741/2686-9764-2020-14-3-394-399.
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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.
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Mukhtar, Sohaib, Zinatul Ashiqin Zainol, and Sufian Jusoh. "Civil Procedure of Trademark Enforcement in Pakistan: A Comparative Analysis with Malaysia and USA." Journal of Asian Research 3, no. 2 (April 3, 2019): 95. http://dx.doi.org/10.22158/jar.v3n2p95.
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<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>
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Koreshnikova, Nelli Rasulovna. "To the question of prosecutorial participation in hearing of civil cases by courts in the interests of an undetermined circle of people." NB: Административное право и практика администрирования, no. 6 (June 2019): 37–45. http://dx.doi.org/10.7256/2306-9945.2019.6.32982.
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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’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 “undetermined circle of people” 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 “undetermined circle of people” 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’s office during filing.
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Lewis, Maria M., and Sarah Kern. "An examination of the bidirectional relationship between federal civil rights guidance and research." education policy analysis archives 28 (July 13, 2020): 104. http://dx.doi.org/10.14507/epaa.28.4975.
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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?
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Podmarеv, Alexander A. "Proportionality as a constitutional principle of limiting human and civil rights and freedoms in the Russian Federation." Izvestiya of Saratov University. New Series. Series Economics. Management. Law 21, no. 1 (February 24, 2021): 83–91. http://dx.doi.org/10.18500/1994-2540-2021-21-1-83-91.
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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.
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Dikhtiievskyi, Petro, and Alisa Babinska. "On the issue of civil right to hold prosecutor post in Ukraine." Administrative law and process, no. 1(20) (2018): 42–49. http://dx.doi.org/10.17721/2227-796x.2018.1.05.
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This article is devoted to the identification of issues that arise in the implementation of reform regulations appoint a person to the post of prosecutor in Ukraine. The necessity of improvement in this area, as this will help to realize the right of citizens for positions of prosecutor in Ukraine. Unresolved and after reforms in the Ukrainian prosecutor’s office remains one more problem: the necessity of performance indicators in the prosecutor’s office, which, in turn, affects a very small proportion of acquittal sentences. At the same time, the performance of indicators is directly associated with bonuses for employees and assessment of their success. It is important that the reform of the prosecutor’s office in Ukraine should result in an effective law-enforcement body that would have respected the community, so it should be systemic. The new staff is an impetus for change, but it is necessary to bring true, honest and loyal workers from such persons, and the best example for them will be the observance of legislation by their leadership, the leadership of the state, the provision of young workers with all the necessary conditions
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Gómez Cervantes, Andrea, Cecilia Menjívar, and William G. Staples. "“Humane” Immigration Enforcement and Latina Immigrants in the Detention Complex." Feminist Criminology 12, no. 3 (March 13, 2017): 269–92. http://dx.doi.org/10.1177/1557085117699069.
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We explore the criminalization of Latina immigrants through the interwoven network of social control created by law, the justice system, and private corporations—the immigration industrial complex. Considerable scholarly research has focused on understanding the overtly coercive practices of deportation and the consequences for families and communities; less attention has been devoted to the social control mechanisms of detention facilities and “Alternative to Detention Programs” (ATD programs) operating in the United States. We know relatively little about the consequences for immigrant populations, especially of the purported “humane” practices in the enforcement apparatus. Based on existing documents produced by governmental offices, including Department of Homeland Security, Immigration and Customs Enforcement, Border Patrol, Government Accountability Office, nonprofit organizations, advocacy groups, and private correctional facilities, we conducted semistructured interviews with 11 immigration lawyers who have access to women who are and/or have been detained, are in supervised ATD programs, are/were in deportation proceedings, or attempt(ed) to claim asylum. An examination of immigration confinement, especially the laws and policy decisions behind the exponential increase in these detentions, reveals important gender dynamics in these practices. The subtle and benevolence-signaling discourse evoking “family,” “motherhood,” and the care of children masks the harsh “business as usual” tactics that treat women and their children in ways indistinguishable from those used in the criminal justice system. We contend that this feminized and infantilized language functions to conceal widespread civil and human rights violations, physical and sexual violence, and mistreatment reproduced by the immigration detention system today.
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Stinson, Philip Matthew, and Steven L. Brewer. "Federal Civil Rights Litigation Pursuant to 42 U.S.C. §1983 as a Correlate of Police Crime." Criminal Justice Policy Review 30, no. 2 (August 16, 2016): 223–53. http://dx.doi.org/10.1177/0887403416664115.
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The Civil Rights Act of 1871 (codified at 42 U.S.C. §1983 and commonly referred to as Section 1983) provides a civil remedy for aggrieved persons to sue state actors who under the color of law violate federally protected rights. Since the 1960s, there has been an explosion of Section 1983 litigation in the federal courts against police officers and their employing municipal and county agencies. Due to a lack of official statistics and poor methodologies, research has yet to determine how common Section 1983 actions are against the police nationwide. This study examines the relationship between police crime and being named as a party defendant in a federal court Section 1983 civil action. Using a list of 5,545 nonfederal sworn law enforcement officers who were arrested for committing one or more crimes during the years 2005 to 2011, searches were conducted in the federal courts’ Public Access to Courts Electronic Records (PACER) system to locate Section 1983 actions against those officers. The authors found that 22% of all arrested officers were named as a party defendant in a Section 1983 federal court civil action at some point during their law enforcement careers. Additional findings address various predictors of a police officer being sued in a Section 1983 action.
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Sihaloho, Nahot Tua Parlindungan, and Herlan Herlan. "The Dilemma in Neutralizing the State Civil Apparatus (ASN) and Alternative Solutions." Jurnal Bina Praja 12, no. 2 (December 16, 2020): 213–24. http://dx.doi.org/10.21787/jbp.12.2020.213-224.
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According to a State Civil Apparatus Commission (KASN) report in 2019, more than 200 State Civil Apparatus (ASN) violated neutrality in the general elections and local elections during the 2015-2018 period. Based on a preliminary study, it found that several violations had occurred because of a dilemma for the State Civil Apparatus (ASN) concerned. State Civil Apparatus (ASN) must be neutral by the law mandate, but they cannot be impartial if they want their career as State Civil Apparatus (ASN) not to be damaged. This study uses a normative legal research method with a literature study research design. This study seeks to examine the effects of bureaucratic politicization and find win-win solutions to the problems experienced by the State Civil Apparatus (ASN). The results of this study emphasize the need to expand the authority of the State Civil Apparatus Commission (KASN) to impose sanctions on violators of neutrality. The implications of this research are the following six practical recommendations: first, the existing rules after the enactment of Law No. 5/2014 must be revised so that Civil Service Officer (PPK) was no longer given position to politicians, but rather the senior State Civil Apparatus (ASN); secondly, election criminal law enforcement does not need to involve the police, and the prosecutor's office (just General Election Supervisory Agency); third, localization of the State Civil Apparatus Commission (KASN) by establishing a State Civil Apparatus Commission (KASN) in the regions to increase the effectiveness of the oversight function of the State Civil Apparatus (ASN); fourth, the length of service for officials is only one term; fifth, the abolition of voting rights for State Civil Apparatus (ASN); sixth, changing the career guideline model of the State Civil Apparatus (ASN) from regional government autonomy to the central government by the rank or class.
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Coon, Michael. "Local Immigration Enforcement and Arrests of the Hispanic Population." Journal on Migration and Human Security 5, no. 3 (September 2017): 645–66. http://dx.doi.org/10.1177/233150241700500305.
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Section 287(g) of the Immigration and Nationality Act (INA), which was added to the INA by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), allows the federal government to enter into voluntary partnerships with state and local law enforcement agencies to enforce immigration law. Upon entering these agreements, law enforcement officers are trained by Immigration and Customs Enforcement (ICE) and receive delegated authority to enquire about an individual's immigration status and, if found to be removable, to detain the individual while ICE makes a determination of whether to initiate deportation proceedings. In some instances, this inquiry about immigration status takes place as part of the intake process when a criminal defendant is arrested and placed into a criminal jail. In other instances, task force officers are trained to inquire in the field about immigration status and enforce immigration law against people who have not committed any criminal offense. The key difference between the two models is that task force agents can arrest for immigration violations undocumented individuals who have not committed any criminal offense, whereas in the jail model individuals must be arrested on some other criminal charge before immigration status can be determined. The 287(g) program has raised several concerns regarding its implementation and results. First, the program could lead to racial and ethnic profiling. In particular, given that the majority of undocumented immigrants hail from Latin American countries, it is highly plausible that Hispanics, regardless of immigrant status, might be disproportionally affected by this program. That is, in a jurisdiction that participates in the jail model, an officer might arrest a Hispanic individual for a very minor offence in order to process them through the jail and determine their immigration status, when perhaps without the program they may have only issued a citation. Another concern with the program is that it may lead to tensions between state and local law enforcement and the local community. If the program creates an atmosphere of suspicion and distrust by community members toward state and local law enforcement agents, even law abiding individuals may choose to avoid interaction with law enforcement agents. This can make victims and witnesses hesitant to come forward, for fear that their undocumented status will be uncovered. Such a situation inhibits law enforcement's ability to do its job and can, ironically, make communities less safe. This study explores the effects of implementation of the 287(g) program in Frederick County, Maryland on the arrests of Hispanics. Using data from individual arrest records from the Frederick County Sheriff's Office, which has a 287(g) agreement with ICE, and the Frederick Police Department, which does not, I analyze the changes in arrests between the two agencies before and after the 287(g) program was implemented in 2008. I find that overall, the arrests of Hispanics fell, suggesting that the Hispanic community avoided interaction with law enforcement when the program began. However, I also find that the program led to a significantly higher number of arrests of Hispanics by the Sheriff's Office than would have occurred in its absence, indicating that attention was focused toward the Hispanic community as a result of the program. These results suggest that, if the program is to continue, additional safeguards are needed to prevent abuses and civil rights violations.
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Orlov, Viktor. "NON-STATE FORMS OF LAW ENFORCEMENT IN UKRAINE: CONSTITUTIONAL AND LEGAL DIMENSION." Ukrainian polyceistics: theory, legislation, practice 1, no. 1 (April 2021): 107–15. http://dx.doi.org/10.32366/2709-9261-2021-1-1-107-115.
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The article is devoted to the study of the constitutional and legal essence of non-state forms of law enforcement in Ukraine. The author emphasizes that in Ukraine law enforcement has always been associated with the activities of state bodies, but these bodies today under various circumstances are not able to fully ensure the security of all systems operating in society. The development of the European vector of Ukraine, the processes of decentralization and deconcentration of power, the urgent need to create a safe environment have led to the development of non-state forms of law enforcement. The relevance of the study is due to the existing problems of determining the constitutional and legal content of existing non-state forms of law enforcement in Ukraine. The author reveals the problematic issues of defining the term «law and order» and «protection of law and order» in the Constitution of Ukraine and legislation. It is determined that the format of modern problem definition requires the search for opportunities for the development of security engineering with the involvement of non-governmental elements of law enforcement. The author believes that the function of law enforcement is implemented in two forms: state and non-state, respectively, under the form of law enforcement we mean the external manifestation of specific actions carried out by state and non-state elements of law enforcement to protect human rights and freedoms, law enforcement. The opinion that it is necessary to distinguish between private, municipal and public forms of law enforcement is substantiated. Private forms of law enforcement should include the activities of: private security companies; private detectives. The municipal forms of law enforcement include the activities of: the municipal guard; municipal parking inspectors; municipal officials performing law enforcement functions. The public forms of law enforcement include the activities of: public formations for the protection of public order; security coordination offices; public assistants of a district police officer on a voluntary basis. It is concluded that the constitutional and legal design of the definition of law and order with the involvement of non-state forms of its protection is an important form of security engineering and an effective institution for ensuring human and civil rights and freedoms in Ukraine.
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Steblianko, A. V. "Administrative and Legal Status of Law Enforcement Agencies as Subjects of Interaction with Financial Institutions in the Sphere of Combating the Legalization of Criminal Proceeds." Law and Safety 75, no. 4 (December 20, 2019): 59–64. http://dx.doi.org/10.32631/pb.2019.4.08.
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The author has studied administrative and legal status of law enforcement agencies, which are the subjects of interaction with financial institutions in the field of combating the legalization of criminal proceeds. The contents of such categories as status, legal status, administrative and legal status have been clarified. Based on the analysis of the scientific literature, the author has determined that the rights and responsibilities are integral structural elements of the administrative and legal status. It has been noted that two main approaches to determining the structural elements of the administrative and legal status of law enforcement agencies were formed in administrative law science.
The author has provided the list of law enforcement agencies that are empowered to counter the legalization of criminal proceeds and are subjects of interaction with financial institutions. Such agencies are the National Anti-Corruption Bureau of Ukraine, the agencies of the Security Service, the National Police and Prosecutor’s Office, the State Bureau of Investigation, the tax police units of the State Fiscal Service of Ukraine. The necessity to distinguish only such elements of the administrative and legal status of law enforcement agencies as the purpose, tasks, functions, competence, powers, legal responsibility, as well as organizational structure has been proved.
The purpose of the activity of law enforcement agencies in this field has been formulated. Only those tasks and functions of law enforcement agencies that contribute to the achievement of the stated purpose have been considered. It has been emphasized that the competence is the sphere of activity of a certain law enforcement agency, and the authority is the totality of the rights and duties of that agency, granted by the legislation to perform the assigned functions within the competence. It has been established that the employees of the designated law enforcement agencies have disciplinary, civil, administrative and criminal liability. It has been stated that structural units facilitate the implementation of the tasks and functions of a specific law enforcement agency. The author has provided the definition of the administrative and legal status of the subjects that cooperate in the sphere of combating the legalization of criminal proceeds. The place and role of the indicated subjects in the sphere of combating the legalization of criminal proceeds have been determined.
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Takyi, Harold, Valerie Watzlaf, Judith Talbot Matthews, Leming Zhou, and Dilhari DeAlmeida. "Privacy and Security in Multi-User Health Kiosks." International Journal of Telerehabilitation 9, no. 1 (June 29, 2017): 3–14. http://dx.doi.org/10.5195/ijt.2017.6217.
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Enforcement of the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH) has gotten stricter and penalties have become more severe in response to a significant increase in computer-related information breaches in recent years. With health information said to be worth twice as much as other forms of information on the underground market, making preservation of privacy and security an integral part of health technology development, rather than an afterthought, not only mitigates risks but also helps to ensure HIPAA and HITECH compliance. This paper provides a guide, based on the Office for Civil Rights (OCR) audit protocol, for creating and maintaining an audit checklist for multi-user health kiosks. Implementation of selected audit elements for a multi-user health kiosk designed for use by community-residing older adults illustrates how the guide can be applied.
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Kinnaird, Brian A. "Exploring Liability Profiles: A Proximate Cause Analysis of Police Misconduct: Part II." International Journal of Police Science & Management 9, no. 3 (September 2007): 201–13. http://dx.doi.org/10.1350/ijps.2007.9.3.201.
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Recent history shows that a significant number of citizens, internationally, are now seeking litigation against police agencies when law enforcement officers violate their civil rights. Often the events that precede complaints occur due to poor policy, training and early warning by law enforcement agencies. Hence, this study analysed past policies and training procedures that were in effect for the San Francisco, California Police Department (SFPD) during 1998, to determine if there was any liability of risk following evidence of officer misconduct. Mixed methodology, using a descriptive quantitative approach and based on a historical design, was used to determine whether or not the SFPD had appropriate policies, training, and control measures in place to minimise potential citizen complaints against officers that could have led to misconduct allegations and, ultimately, civil litigation. Results showed that SFPD policies, recruit and in-service training and early warning system measures resulted in a lower number of substantiated complaints of officer misconduct based upon clear policy, appropriate training, and deployed early warning system measures. Consequently, the findings suggested that the SFPD created a lower liability profile in respect to random versus non-random risks required in court to explain a department's position relative to their risk management of officer misconduct.
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Amrani, Hanafi. "Urgensi Perubahan Delik Biasa Menjadi Delik Aduan dan Relevansinya terhadap Perlindungan dan Penegakan Hak Cipta." Undang: Jurnal Hukum 1, no. 2 (March 11, 2019): 347–62. http://dx.doi.org/10.22437/ujh.1.2.347-362.
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This article discusses two main issues: first, what is the urgency of the change in nature of offences from ordinary offence to be complaint offence in the copyright law; second, how is the relevance of the change in the nature of the offense to protect and enforce copyright. The urgency of changes in offenses is usually an offense against complaints because copyright is an exclusive right that is personal and civil rights. This personal and civil right indicate the absolute right of the creator or the copyright holder to the results of their work, including the right to report or not to infringe their copyright. Therefore conceptually this personal and civilian nature emphasizes the alignment of mindset that the complaint offence is more appropriately applied to copyright infringement. Whereas the relevance of complaint offence for protection and enforcement of copyright can be seen from the significant role of the creator or copyright holder in the law enforcement process. The creator or copyright holder can play an active role in providing information and evidence of copyright infringement so that the law enforcement process becomes more effective and efficient.
Abstrak
Artikel ini membahas dua permasalahan pokok: pertama, apa urgensi perubahan delik biasa menjadi delik aduan dalam Undang-undang Hak Cipta; kedua, bagaimana relevansi perubahan sifat delik tersebut terhadap perlindungan dan penegakan hukum hak cipta. Urgensi perubahan delik biasa menjadi delik aduan adalah karena hak cipta merupakan hak eksklusif yang bersifat personal dan keperdataan. Sifat personal dan keperdataan ini mengindikasikan adanya hak mutlak dari pencipta atau pemegang hak cipta atas hasil karya ciptanya, termasuk hak untuk melaporkan atau tidak atas pelanggaran hak ciptanya. Oleh karena itu secara konseptual sifat personal dan keperdataan ini lebih mengedepankan keselarasan pola pikir bahwa delik aduan lebih tepat diterapkan terhadap pelanggaran hak cipta. Sedangkan relevansi delik aduan terhadap perlindungan dan penegakan hak cipta dapat dilihat dari peran yang signifikan dari pencipta atau pemegang hak cipta dalam proses penegakan hukum. Pencipta atau pemegang hak cipta dapat berperan aktif dalam memberikan keterangan dan bukti-bukti dari pelanggaran hak cipta tersebut sehingga proses penegakan hukum dapat berjalan lebih efektif dan efisien.
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Williams, Christina Meilee, Rahul Chaturvedi, and Krishnan Chakravarthy. "Cybersecurity Risks in a Pandemic." Journal of Medical Internet Research 22, no. 9 (September 17, 2020): e23692. http://dx.doi.org/10.2196/23692.
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Cybersecurity threats are estimated to cost the world US $6 trillion a year by 2021, and the number of attacks has increased five-fold after COVID-19. Although there is substantial literature on the threats technological vulnerabilities have on the health care industry, less research exists on how pandemics like COVID-19 are opportunistic for cybercriminals. This paper outlines why cyberattacks have been particularly problematic during COVID-19 and ways that health care industries can better protect patient data. The Office for Civil Rights has loosened enforcement of the Health Insurance Portability and Accountability Act, which, although useful in using new platforms like Zoom, has also loosened physical and technical safeguards to cyberattacks. This is especially problematic given that 90% of health care providers had already encountered data breaches. Companies must implement well-defined software upgrade procedures, should use secure networks like virtual local area networks, and conduct regular penetration tests of their systems. By understanding factors that make individuals, health care organizations, and employers more susceptible to cyberattacks, we can better prepare for the next pandemic.
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SANTOSO, Budi. "The Obstacles of Labor Inspection in Protecting Workers’ Rights in Indonesia." Journal of Advanced Research in Law and Economics 9, no. 5 (June 11, 2019): 1765. http://dx.doi.org/10.14505//jarle.v9.5(35).31.
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Labor inspection system is the fundamental function of labor law enforcement and effective compliance. Nevertheless, the lack of the system contributes to difficulties in promoting labor law compliance. This article aims to analyze the obstacles of labor inspection in Indonesia during the function be conducted by the district/regency government. By using descriptive and analytical methods, it can be concluded that there are some obstacles faced by the labor inspectors in the district/regency level in order to protect the workers’ rights. Those are the labor inspection planning is not going well, the stages of labor inspection process are not enforced, the number of labor inspector is not comparable with the number of companies that must be inspected, some the district/regency employment offices does not have civil servant investigators, intervention by local officials, no rotation of work area of the labor inspectors, most companies are small enterprises, and overlapping duties between labor Inspectors and mediators on advisory duty. These obstacles have caused the rights of workers to be less protected.
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Rojak, Rojak, Abubakar Iskandar, and Beddy Iriawan Maksudi. "PENERAPAN DISIPLIN DALAM RANGKA PENINGKATAN KINERJA PEGAWAI NEGERI SIPIL DI LINGKUNGAN SATUAN POLISI PAMONG PRAJA KOTA BOGOR." JURNAL GOVERNANSI 1, no. 2 (March 20, 2017): 125. http://dx.doi.org/10.30997/jgs.v1i2.288.
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Government Regulation No. 53 of 2010 Concerning Servants Discipline is the legal basis to ensure civil servants and can be made the basis for the preparation of State apparatus that is good and right. Within the Civil Service Police Unit Bogor itself often occur pelanggaranber relation to breaches of discipline of civil servants, such as doing things that can degrade the honor or dignity of the State, the Government, or Civil Servants in this case many civil servants are absent from duty as law enforcement, entering places that can pollute the honor or dignity of civil servants, except for the sake of office, but violations are frequent delays often occur in the office of civil servants and absent without information on working hours Based on this background and the many issues concerning the discipline of civil servants. The authors formulate the problem of how the implementation of regulations under PP PNS Discipline 53 of 2010 on the Civil Service Police Unit in the city of Bogor, how sanctions applied against civil servants who do not obey the rules of discipline of civil servants, under PP 53 Year 2010 on the Civil Service Police Unit Bogor. Obstacles that arise in the implementation of the Disciplinary Code of civil servants under PP 53 Year 2010 on the Civil Service Police Unit Bogor. Research methods and approach used in the study was descriptive, with respect to the subject matter to be discussed is associated with the practice in the field in order to solve a problem by collecting and analyzing the data. The results of the field which penlis get is that the Civil Service Police Unit Bogor has been carried out since the PP is applied, until now, only one case relating to violations of discipline that PNS. In connection with the sanction given by the Civil Service Police Unit Bogor related violations by PNS \ PP 53 in 2010. While the constraints on the field in the context of the discipline of civil servants within the scope of the Civil Service Police Unit Bogor authors see it because it is influenced by several factors, such as lack of infrastructure, lack of awareness of the civil servants concerned, the lack of device and the rules of discipline and lack of guidance that is given by the Civil Service Police Unit Bogor. Keywords: Dicipline, Development, Work
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Khilyuta, V. V. "Limits of Autonomy in Criminal Law." Lex Russica, no. 4 (May 2, 2019): 117–28. http://dx.doi.org/10.17803/1729-5920.2019.149.4.117-128.
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The article raises a question about the autonomy of criminal law. Various aspects of the doctrinal understanding of the limits of criminal law and its scope in relation to the positive branches of legislation are considered. The author in the context of the existence of the concept of autonomy (independence) of criminal law regulation questions the limits of judicial interpretation. In this context, antagonistic views on the limits of the mechanism of criminal law regulation are considered. Particular attention is given to the fundamental premise that the functional autonomy of criminal law generates not only a protective component, but also a regulatory function, and the law enforcement officer has the right to decide a particular case, based on concepts borrowed from other branches of law, but it can give them a different meaning and significance than the one they are endowed with in these positive (regulating specific social relations) sectors. The author comes to the conclusion that an autonomous interpretation of foreign industry features and concepts of regulatory legislation is scarcely credible. If a criminal law is to protect economic relations arising from the static and dynamic nature of objects of civil rights and their turnover from criminal encroachments, its subordination to the provisions of regulatory legislation is inevitable. The determinism here should be manifested precisely in accordance with the description of the signs of the crime to the provisions of regulatory norms. As a result, the autonomy of criminal law may create uncertainty about the content of the rule of law itself and allow for unlimited discretion in its enforcement. In this formulation of the issue, the autonomy of criminal law regulation is replaced by a very different approach — the autonomy of the judicial interpretation of criminal law. However, in this case there is a substitution of concepts, and the autonomy of criminal law is associated not so much with the regulatory function as with the law enforcement of criminal law.
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Mujtaba, Bahaudin G., and Frank J. Cavico. "Ethical Analysis of Office Romance and Sexual Favoritism Policies in the #MeToo Workplace and “Cancel Culture” Era." SocioEconomic Challenges 4, no. 4 (2020): 132–50. http://dx.doi.org/10.21272/sec.4(4).132-150.2020.
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While most employers, managers, and employees have heard and read much about the #MeToo movement, little academic attention has been devoted to ethical analysis of office romance and sexual favoritism polices in the modern workplace. Everyone is likely to agree that romantic relationships will continue in the workplace regardless of organizational policies; nevertheless appropriate, policies should be in place to protect against any adverse legal consequences stemming from romantic relationships in the workplace; and these policies also should be promulgated and enforced in such a manner that all workplace policies and actions can be considered moral and ethical. Accordingly, in this article, we provide a thorough ethical analysis of office romance and sexual favoritism in the sensitive era of the #MeToo movement as well as the “canceled culture” era. We offer specific recommendations to management and human resources professionals on how to provide a safe and healthy work environment for all employees, how to avoid liability for sexual harassment cases as they relate to Title VII of the Civil Rights Act, as well as how to ensure that the workplace is fair and just for all. We conclude that every company’s management and human resources departments should take full responsibility for ensuring that business decisions, especially those affecting the employees, are aligned with legal, moral, and, of course, ethical norms. First and foremost, appropriate policies, programs, procedures, and training are necessary to combat sexual discrimination and harassment and thus to ensure a fair, just, and functional workplace. We believe that prevention is the best means of proactively eliminating sexual harassment in the workplace. Each firm should include a clear and strong policy statement against sexual harassment and discrimination in their code of conduct expectations. The policy should have direct statement of the intolerance and prohibition of any form of sexual harassment and illegal discrimination. Each firms should also have an effective policy distribution, communication to employees and enforcement plan. Finally, retaliation must be avoided. As such, there should be assurances that complaining employees will be protected from harassment or retaliation. Keywords: office romance, love contracts, sexual favoritism, #MeToo movement, ethical egoism, ethical relativism, utilitarianism, Kantian ethics.
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Skoczylas-Wardzyńska, Katarzyna. "Stosowanie tymczasowego aresztowania względem członka zorganizowanej grupy przestępczej w kontekście prawa jednostki do wolności." Problemy Prawa Karnego 30, no. 4 (October 30, 2020): 181–96. http://dx.doi.org/10.31261/ppk.2020.04.09.
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The article analyses grounds for application of pretrial detention in respect of individuals who have been charged with the criminal offence of participation in an organised criminal group or with participation in an organised criminal association aiming at committing a criminal offence. The paper addresses two presumptions: 1) the presumption of fear that a suspect or the accused shall obstruct criminal proceedings because of their participation in an organised criminal group; 2) the presumption that the suspect or accused shall attempt to obstruct the proper conduct of the proceedings because of the threat that they will be severely punished. The author tries to answer the question whether the presumptions underlying application of pretrial detention at the early stages of criminal proceedings are sufficient for extension of pretrial detention. This is particularly important given the fact that these presumptions operate in schemes which might raise fears that orders of pretrial detention are used as an element of criminal policy against criminal groups. It must be noted that application of pretrial detention enters the sensitive realm of human rights and civil liberties. On the other hand, a failure to apply pretrial detention makes it difficult or even impossible for law enforcement authorities to effectively break up criminal networks and prevent them resurfacing. The fight of law enforcement authorities against organised crime requires application of adequate custodial and non-custodial measures by criminal justice system but is connected with a need to respect personal freedom guaranteed by the Polish Constitution and international treaties.
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Skryabin, Oleksiy, and Dmytro Sanakoiev. "Peculiarities of implementation of the principle of legality in the criminal process of Ukraine." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 1, no. 1 (March 29, 2021): 253–57. http://dx.doi.org/10.31733/2078-3566-2021-1-253-257.
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The article analyzes the principles of criminal procedure, which are the expression of the prevailing political and legal ideas of the state, relate to the tasks and methods of judicial proceedings in criminal proceedings, are enshrined in law and operate throughout all stages and necessarily in its central stage. Modern theoretical ideas about the system of principles of criminal proceedings are still in the stage of active methodological and ideological rethinking. Discussions continue both on the concept and features of the principles of criminal proceedings, their system, and on the peculiarities of implementation at different stages of the criminal process. Violation of the principles of criminal procedure is a sign of illegality of decisions in the criminal and becomes the basis for the cancellation of these decisions. The principle of legality characterizes the legal regime of strict and mandatory observance of laws in law enforcement practice, which manifests itself in criminal proceedings, limits the discretionary powers of the pre-trial investigation, prosecutor's office and court. The principle of legality becomes an opportunity to transfer criminal proceedings from one procedural stage to another only on the basis of the law and in a strictly defined sequence. Legality is one of the guarantees of establishing the truth in a criminal case, which ensures the protection of human and civil rights and freedoms. The principle of legality is characterized by mandatory observance of laws in criminal proceedings, is a limiting factor in the discretion of the pre-trial investigation, prosecution and court. Due to the implementation of the principle of legality, the shortcomings and gaps in the criminal process that exist in criminal procedural law can be overcome.
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Galemba, Rebecca, Katie Dingeman, Kaelyn DeVries, and Yvette Servin. "Paradoxes of Protection: Compassionate Repression at the Mexico–Guatemala Border." Journal on Migration and Human Security 7, no. 3 (July 29, 2019): 62–78. http://dx.doi.org/10.1177/2331502419862239.
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Executive Summary Anti-immigrant rhetoric and constricting avenues for asylum in the United States, amid continuing high rates of poverty, environmental crisis, and violence in Guatemala, Honduras, and El Salvador, have led many migrants from these countries to remain in Mexico. Yet despite opportunities for humanitarian relief in Mexico, since the early 2000s the Mexican government, under growing pressure from the United States, has pursued enforcement-first initiatives to stem northward migration from Central America. In July 2014, Mexico introduced the Southern Border Program (SBP) with support from the United States. The SBP dramatically expanded Mexico’s immigration enforcement efforts, especially in its southern border states, leading to rising deportations. Far from reducing migration or migrant smuggling, these policies have trapped migrants for longer in Mexico, made them increasingly susceptible to crimes by a wide range of state and nonstate actors, and exacerbated risk along the entire migrant trail. In recognition of rising crimes against migrants and heeding calls from civil society to protect migrant rights, Mexico’s 2011 revision to its Migration Law expanded legal avenues for granting humanitarian protection to migrants who are victims of crimes in Mexico, including the provision of a one-year humanitarian visa so that migrants can collaborate with the prosecutor’s office in the investigation of crimes committed against them. The new humanitarian visa laws were a significant achievement and represent a victory by civil society keen on protecting migrants as they travel through Mexico. The wider atmosphere of impunity, however, alongside the Mexican government’s prioritization of detaining and deporting migrants, facilitates abuses, obscures transparent accounting of crimes, and limits access to justice. In practice, the laws are not achieving their intended outcomes. They also fail to recognize how Mexico’s securitized migration policies subject migrants to risk throughout their journeys, including at border checkpoints between Guatemala and Honduras, along critical transit corridors in Guatemala, and on the Guatemalan side of Mexico’s southern border. In this article, we examine a novel set of data from migrant shelters — 16 qualitative interviews with migrants and nine with staff and advocates in the Mexico–Guatemala border region, as well as 118 complaints of abuses committed along migrants’ journeys — informally filed by migrants at a shelter on the Guatemalan side of the border, and an additional eight complaints filed at a shelter on the Mexican side of the border. We document and analyze the nature, location, and perpetrators of these alleged abuses, using a framework of “compassionate repression” (Fassin 2012) to examine the obstacles that migrants encounter in denouncing abuses and seeking protection. We contend that while humanitarian visas can provide necessary protection for abuses committed in Mexico, they are limited by their temporary nature, by being nested within a migration system that prioritizes migrant removal, and because they recognize only crimes that occur in Mexico. The paradox between humanitarian concerns and repressive migration governance in a context of high impunity shapes institutional and practical obstacles to reporting crimes, receiving visas, and accessing justice. In this context, a variety of actors recognize that they can exploit and profit from migrants’ lack of mobility, legal vulnerability, and uncertain access to protection, leading to a commodification of access to humanitarian protection along the route.
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Izinger, Aleksandr Viktorovich. "Particular organizational and legal aspects of an external pat-down." Полицейская и следственная деятельность, no. 3 (March 2020): 29–39. http://dx.doi.org/10.25136/2409-7810.2020.3.34140.
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The research subject is the set of laws regulating the grounds for and the procedure of an external pat-down by the police officers. The research object is social relations emerging during an external pat-down carried out by the police officers for the purpose of public order and safety protection. The article deals with the questions of public order protection by the police officers using an external pat-down. The author considers the problems of legal regulation of this type of search using comparative analysis, and defines the organizational aspects of an external pat-down. The author focuses on the legal grounds for the prevention of citizens’ counteraction to police officers performing an external pat-down. The scientific novelty of the research consists in the complex analysis of an external pat-down carried out by police officers for the purpose of personal safety protection. Based on the analysis of laws and law-enforcement practice, the author defines the tactics of police officers carrying out an external pat-down in situations beyond the scope of legal regulation. The author emphasizes the necessity to strictly observe civil and political rights during an external pat-down. In this context, the author draws attention to the peculiarities of carrying out an external pat-down by a police officer of the same gender as a searched person, and the legality of actions in case the objects, potentially dangerous for the police officers but not prohibited for civilian circulation, are found.
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Okhotsky, E. V. "The concept of «conflict of interest» in the administrative law of the Russian Federation." Journal of Law and Administration 15, no. 4 (January 30, 2020): 118–29. http://dx.doi.org/10.24833/2073-8420-2019-4-53-118-129.
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Introduction. The analysis of the nature, conditions and reasons for the occurrence and practice of resolving (preventing and settling) conflict of interest issues is not only an important applied, but also significant research problem. Situations related to conflict of interest issues, both in the public-state and private sectors, have given rise not only to special scientific research, but also to legislative regulation and managerial practice. A number of countries have adopted special laws on conflict of interest policy norms, established office of state commissioner for conflict of interest policy, and introduced rules regulating employee conflict of interest policy.Materials and methods. The source of the research is regulatory, theoretical, educational, scientific, journalistic works by domestic and foreign authors. The theoretical and methodological basis is the dialectical-materialistic approach to the analysis of the essence of social phenomena, the laws of their development, the features of legal regulation and the controlling effect on them. The research tools are classical: comparative legal analysis, formal logical, concrete historical and system-functional methods. The results of the study. The article presents the author’s interpretation of the of “conflict of interests” concept. Its essence is a conflict situation between public law obligations and individual’s interests, which provokes situations in which the interests of one person lead to potential or real harm to the rights, freedoms and legitimate interests of others persons. Conclusion: the conflict of interests must be managed, which means that it is timely to identify, diagnose, objectively assess possible risks and negative consequences, take adequate organizational and legal measures to resolve the conflict situation. If a public servant does not serve, in accordance with his status and powers, the public and the state, but only cares about his/her own well-being, then such public employees must be dismissed from public office.Discussion and conclusion. Improving the mechanisms for identifying, qualifying, regulating the suppression and punishment of perpetrators, eliminating the negative consequences of breaching the conflict of interest policy are strategically important and rather difficult tasks that challenge not only the state, the law enforcement system and local authorities, but also business, civil society institutions and every citizen . Its solution requires systematic monitoring, comprehensive analysis, decisive and coordinated actions.
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Chukwu, Christian Chima, and Ignatius Sunday Ume. "Violence against women as an obstacle to women's productivity in Nigeria: A challenge to recreate contemporary Nigerian society." Brazilian Journal of Biological Sciences 7, no. 15 (2020): 79–100. http://dx.doi.org/10.21472/bjbs(2020)071508.
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Women's lives and their bodies have been the unacknowledged casualties of men for too long. As a result of violence perpetrated against them, their productivity in workplaces have decreased over time. Understanding that productivity improvement is a key objective for industries, the thrust of the study is, therefore, to evaluate, from a sociological perspective, the consequences of violence on women's productivity in contemporary Nigerian society. A sample 595 respondents was selected through the multistage sampling techniques amongst working class women. The questionnaire was subjected to face and content validation by experts from gender and women studies. Chi-square was adopted to test the hypotheses at 0.05 levels of significance. Findings reveal that violence against women disrupts women's lives, destroys their health, undermines their confidence, and takes away their psychological sense of esteem, as well as undermines their full participation in social life. Secondly, the study show that women make several medical visits every year to treat injuries resulting from assaults by spouse thereby limiting the number of hours spent in the office. Essentially, violence against women lessens the woman's inability to work and promote productivity. Based on this, the study concludes that since women represent an important population group in Nigeria, there is an urgent need to address marital violence against them, particularly those in the formal sector of the economy because they make meaningful contributions to the overall labour force and general societal well-being of all and sundry. In view of this, the study recommends, amongst others, that government through state and non-state actions should ensure the strict enforcement of laws that protect women's rights, as well as deter their partners from subjecting them to violence. In addition, educational and religious institutions should re-orientate men to be more accommodating in their relationship with their women partners on the ills associated with marital violence particularly wife abuse, with a view to getting them unlearn such violent behaviours. Finally, there is a need for advocacy and concerted action that will involve the educational, health, civil and religious sectors of the society to evolve sustainable structures that will empower women and provide support to enable victims to react appropriately to violence.
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Hinchuk, L. I. "Reports as the Main Source of Informing Users about the Quality of Statistical Information on Administrative Offence." Statistics of Ukraine 83, no. 4 (December 17, 2018): 57–64. http://dx.doi.org/10.31767/su.4(83)2018.04.07.
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Administrative offence and administrative liability occurs in the social life more often (proportionally) than criminal and civil liability. Several million cases of administrative liability are fixed in Ukraine each year.
The official statistics bodies, acting in accordance with the rights and obligations determined by the norms of the special law on statistics, such as Article 14 of the Law of Ukraine “Official Statistics”, organize and conduct statistical observations of socio-economic and demographic processes in Ukraine and its regions, including ones on administrative offence in all the spheres of social life. The respective statistical information is provided to central and local power bodies. This information is required for them to implement their authorities in taking decisions on measures to prevent administrative offence.
The main requirement to the statistical information on administrative offence is its quality. The quality of statistical information on administrative offence is largely conditional on the level at which it is collected. The components of its quality are accuracy, quickness, accessibility for further analysis and use. The appropriate quality of information can be ensured today only by means of computerized technologies based on personified data about offenders, sphere of administrative offence and details of administrative offence. These technologies widen the possibilities for collection, processing, checking and utilization of the information. This enables to move from narrow indicators reflecting isolated areas to ones with the full coverage of information about administrative offence, allowing for comprehensive analyses of statistical information at all the phases of its collection: prevention of offence, committing offence, administrative sanction, execution of decisions on administrative sanction etc.
The official statistical information on administrative offence is used by many categories of users with various needs and demands: scientists, central and local power officials, employees of control agencies, law enforcement agencies and judiciary. Because it is hard or impossible to meet the needs of all the users at the same time, there is a pressing need in measuring the quality of statistical information on administrative offence by making quality reports. Quality reports are the main source of informing the users on the quality of statistical information, including the one on administrative offence.
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Wilk, Eric M., and Charles M. Lamb. "Federalism, Efficiency, and Civil Rights Enforcement." Political Research Quarterly 64, no. 2 (March 19, 2010): 392–404. http://dx.doi.org/10.1177/1065912909358580.
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Bullock, Charles S., Eric M. Wilk, and Charles M. Lamb. "Bureaucratic Effectiveness and Civil Rights Enforcement." State and Local Government Review 49, no. 2 (June 2017): 87–104. http://dx.doi.org/10.1177/0160323x17730107.
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This article compares federal, state, and local civil rights agencies’ effectiveness in enforcing the Fair Housing Act. Two factors primarily define effective enforcement: whether agencies’ conciliation efforts are more likely to lead to agreements between the parties involved in complaints and whether agencies are more likely to provide remedies to complainants in cases in which there is cause to believe discrimination occurred. The analysis shows that state and local agencies are generally more effective than the U.S. Department of Housing and Urban Development (HUD) both at conciliating complaints and at providing remedies. HUD does appear to be more effective than state and local agencies in terms of the dollar amount of monetary relief awarded when successful conciliations occur, but HUD’s remedial effectiveness disappears after controlling for the likelihood of successful conciliations.
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McClure, Phyllis. "The Erosion of Civil Rights Enforcement." Black Scholar 17, no. 3 (May 1986): 10–18. http://dx.doi.org/10.1080/00064246.1986.11414403.
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Régis, Jonathan Cardoso, and Alexsandro Briedis. "AS AUDIÊNCIAS DE CUSTÓDIA E SEUS REFLEXOS PARA A SOCIEDADE." Ponto de Vista Jurídico 7, no. 1 (August 9, 2018): 7. http://dx.doi.org/10.33362/juridico.v7i1.1270.
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<p class="resumo">Depois de passadas mais de duas décadas da ratificação pelo Brasil da Convenção Americana de Direitos Humanos e do Pacto Internacional sobre Direitos Civis e Políticos as Audiências de Custódia são oportunamente implementadas pelo Conselho Nacional de Justiça com o intuito de apurar possíveis arbitrariedades e ilegalidades perpetradas pelos agentes policiais na realização de prisões e consistem na apresentação imediata do preso em até vinte e quatro horas do momento da prisão à presença de um juiz de direito para que esse possa analisar os requisitos de autoria e materialidade bem como a necessidade da manutenção da prisão e uma vez declarado qualquer excesso pelos agentes da lei tem a competência de relaxar a prisão aplicando medida cautelar colocando em liberdade o preso e remetendo cópia dos autos para apuração das transgressões supostamente cometidas pelos policiais junto à repartição competente. As Audiência de Custódia ainda figuram sutilmente como mecanismo de controle do Poder Judiciário incumbido de apreciar a prisão em flagrante a fim de evitar injustiças legitimando assim suas decisões quanto ao cerceamento da liberdade do indivíduo submetido às sanções penais impostas pelo Estado Democrático de Direito. Ainda contribuem para desafogar o sistema carcerário brasileiro atualmente em situação de colapso ocasionado principalmente pelo grande número de presos provisórios que ainda aguardam por julgamento, uma vez que a prisão preventiva passa a ser decretada em casos excepcionais e de extrema necessidade.</p><p class="resumo"><strong>Palavras-chave: </strong>Audiência de Custódia. Prisão preventiva. Ordem Pública.</p><h3>THE AUDITS OF CUSTODY AND ITS REFLECTIONS FOR SOCIETY</h3><div><p class="abstractCxSpFirst"><strong>Abstract: </strong>After more than two decades of Brazil's ratification of the American Convention on Human Rights and the International Covenant on Civil and Political Rights, the Custody Hearings are timely implemented by the National Justice Council in order to investigate possible arbitrariness and illegalities perpetrated by police officers in the execution of prisons and consists of the immediate presentation of the prisoner within twenty-four hours of the moment of the arrest to the presence of a judge of law so that it can analyze the requirements of authorship and materiality as well as the necessity of the maintenance of the prison and once declared any excess by law enforcement officers has the power to relax the prison by applying a precautionary measure by releasing the prisoner and submitting a copy of the records to determine the transgressions allegedly committed by the police at the competent office. The Hearing of Custody still figure subtly as a mechanism of control of the Judiciary Power charged with assessing the arrest in flagrante in order to avoid injustices thus legitimizing their decisions regarding the restriction of the freedom of the individual subject to criminal sanctions imposed by the Democratic State of Law. They still contribute to unburdening the Brazilian prison system currently in a state of collapse caused mainly by the large number of temporary prisoners still awaiting trial, since pre-trial detention is decreed in exceptional cases and in extreme need.</p><p class="abstractCxSpLast"><strong>Keywords: </strong>Custody Hearing. Pre-trial detention. Public order.</p></div>
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Devins, Neal, Michael A. Rebell, and Arthur R. Block. "Defining Effective Civil Rights Enforcement in Education." Columbia Law Review 86, no. 5 (June 1986): 1093. http://dx.doi.org/10.2307/1122552.
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Cunningham, David, Geoff Ward, and Peter B. Owens. "CONFIGURING POLITICAL REPRESSION: ANTI-CIVIL RIGHTS ENFORCEMENT IN MISSISSIPPI*." Mobilization: An International Quarterly 24, no. 3 (September 1, 2019): 319–43. http://dx.doi.org/10.17813/1086-671x-24-3-319.
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Dominant approaches to political repression, which rely on linear analytic models and focus on discrete state agencies or repressive forms, obscure the complex organization and impacts of enforcement networks. Building on recent investigations of collective action fields and arenas of political contention, we develop a relational approach to political repression emphasizing joint actions to suppress challenges to the political status quo. We use fuzzy-set qualitative comparative analysis (fsQCA) to examine enforcement networks that mobilized against challenges to segregation in early-1960s Mississippi, identifying four distinct enforcement configurations which maintained segregation across the state's eighty-two counties. We then analyze the processes that undergird these configurations of enforcement using archival data associated with representative counties. Our approach demonstrates the emergent logic of enforcement— i.e., how particular enforcement activities developed jointly, rather than only in parallel, with those initiated by other authorities.
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Cunningham, Jamein P., and Jose Joaquin Lopez. "Civil Rights Enforcement and the Racial Wage Gap." AEA Papers and Proceedings 111 (May 1, 2021): 196–200. http://dx.doi.org/10.1257/pandp.20211111.
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We present new evidence on three measures of civil rights enforcement--litigation, judge dismissal, and plaintiff win rates--across US district courts from 1979 to 2016. Across courts, higher shares of Republican judges are associated with higher dismissal rates regardless of court composition in terms of gender and race. Further, we find that states with higher litigation rates also exhibit higher racial wage gaps, whereas states with higher judge dismissal (plaintiff win) rates experience higher (lower) racial wage gaps. Our results highlight the importance of legal institutions on the persistence of racial inequality.
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Metsger, Andrey A. "State protection and implementation of civil rights in russian law enforcement." LAPLAGE EM REVISTA 7, Extra-A (May 25, 2021): 519–24. http://dx.doi.org/10.24115/s2446-622020217extra-a876p.519-524.
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The article aims at studying the guarantees of civil rights in terms of their constitutional and industry-based specifics. The main method used in this article was the deductive method that allowed studying the legal nature and specifics of state protection, as well as the guarantees of civil rights in law enforcement (as exemplified by the Russian Federation). The article has proved that the theoretical issue of effective state protection and civil rights implementation in Russian law enforcement remains unresolved. The study has revealed that law enforcement is effective when the principles of social justice, legality, reasonableness, and expediency are observed. Thus, social justice is not the only problem of modern law enforcement: law enforcement activities must comply with the principles of legality, fairness, expediency, and validity. Under the current conditions (with due regard to the current development of legal awareness and legal culture), law enforcement officers should meet the principles of legality and validity when deciding. Only such an attitude can help achieve a long-term perspective in law enforcement, i.e. to ensure fairness in decision-making.
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Prakasa, Igo Gita. "REVIEW OF IMPLEMENTATION OF IMMIGRATION INVESTIGATION AND ACTION APPLICATIONS (NYIDAKIM) IN THE CLASS I IMMIGRATION OFFICE OF TPI YOGYAKARTA." TEMATICS: Technology ManagemenT and Informatics Research Journals 1, no. 2 (October 20, 2019): 39–47. http://dx.doi.org/10.52617/tematics.v1i2.82.
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Technology and information systems have played a very important role in people's lives in this era of industrial revolution 4.0. It is undeniable that technology and information systems. Investgation and prosection (Nyidakim) is an application that is used to assist processes in the field of intelligence and immigration enforcement in the form of making examination reports, incident reports, and others. In this case the author focuses on discussing the implementation of the Immigration Investigation and Enforcement application at the TPI Yogyakarta Class I Immigration Office. The implementation of the Application for Immigration Investigation and Enforcement (Nyidakim) at the TPI Yogyakarta Class I Immigration Office is one of the supports in making incident reports, examination minutes, opinion reports, and case decisions. The Immigration Investigation and Enforcement Application can also be accessed by staff to the head of the office at the TPI Yogyakarta Class I Immigration Office, so that each user is granted access rights from the Immigration Investigation and Enforcement Application.
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Галкин, Александр, Aleksandr Galkin, Александр Малько, Aleksander Malko, Александр Каинов, and Aleksandr Kainov. "THE ROLE OF CIVIL SOCIETY IN LAW ENFORCEMENT." Advances in Law Studies 4, no. 4 (November 29, 2016): 440–43. http://dx.doi.org/10.12737/23094.
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The article investigates is the role of civil society in the implementation of law enforcement. The analysis allowed to identify the role of human rights social organization, religious denominations, Cossack brigades, the media, local authorities, lawyers and notaries in ensuring the protection of rights, freedoms and legitimate interests of citizens and legal entities.
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Farhang, Sean. "The Political Development of Job Discrimination Litigation, 1963–1976." Studies in American Political Development 23, no. 1 (March 19, 2009): 23–60. http://dx.doi.org/10.1017/s0898588x09000029.
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In lobbying for the job discrimination provisions of the Civil Rights Act (CRA) of 1964, liberal civil rights advocates wanted an administrative job discrimination enforcement regime modeled on the National Labor Relations Board (NLRB), with no private lawsuits. Pivotal conservative Republicans, empowered by a divided Democratic Party and the filibuster in the Senate, defeated an administrative framework and provided instead for private lawsuits with incentives for enforcement, including attorney's fees for winning plaintiffs. They were motivated by native suspicion toward bureaucratic regulation of business in general, as well as fear that they would not be able to control an NLRB-style civil rights agency in the hands of their ideological adversaries. In the political environment of 1963–64, some meaningful enforcement provisions were necessary, and to conservative Republicans private litigation was preferable to public bureaucracy.This choice had important self-reinforcing policy feedback effects. Civil rights advocates were initially optimistic about agency implementation and skeptical about the efficacy of private litigation to enforce Title VII, even with attorney's fees for winning plaintiffs. In the late 1960s and early 1970s, however, civil rights advocates observed an agency lacking the material resources and political will and commitment to carry out its mission. At the same time, they observed levels of private enforcement that far exceeded their expectations, as well as courts inclined toward broadly proplaintiff interpretations of Title VII. The CRA of 1964's attorney's fees provisions also had the effect of contributing funds to civil rights groups that prosecuted lawsuits and of conjuring into being a private, for-profit bar to litigate civil rights claims in general, and job discrimination claims in particular. These developments drove a transformation in the enforcement preferences of civil rights groups toward private litigation, weakening their historic support for administrative implementation. Working together with the burgeoning for-profit civil rights bar, they mobilized to expand the fee-shifting provisions of the CRA of 1964 across the entire field of civil rights, which they accomplished by successfully lobbying for enactment of the Civil Rights Attorney's Fees Awards Act of 1976. Thus was created the modern civil rights enforcement framework.
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Dodd, Lynda G. "The Rights Revolution in the Age of Obama and Ferguson: Policing, the Rule of Law, and the Elusive Quest for Accountability." Perspectives on Politics 13, no. 3 (September 2015): 657–79. http://dx.doi.org/10.1017/s1537592715001231.
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Recent political science scholarship examining the institutional features of the rights revolution has highlighted the importance of the private enforcement of civil rights. This article discusses a less well-known line of Supreme Court cases concerning government liability that have undermined effective private enforcement of constitutional rights. I examine the impact of the Court’s “procedural assault” on private civil rights enforcement and possible responses to the recent protests in Ferguson, Missouri, and elsewhere across the country regarding police use of force. After identifying the ways in which the Court has undermined a core strand of the rights revolution, I assess the challenges confronting the Obama administration and civil rights leaders as they respond to these developments.
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Asta, Francesca. "Arbitrary Decision-making and the Rule of Law." Etikk i praksis - Nordic Journal of Applied Ethics, no. 2 (December 21, 2020): 107–36. http://dx.doi.org/10.5324/eip.v14i2.3491.
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Many studies have highlighted a substantial "bureaucracy domination" in procedures relating to migrants’ access to territory. This form of domination is marked by highly discretionary and arbitrary practices, enacted by the administrative authorities of the state. Only minor attention, however, has been devoted to the arbitrariness of judicial decisions and to the judicial role in general in the numerous proceedings that increasingly affect the path of migrants. This path is the main object of this paper. The study focuses on Italian case law in expulsion and detention proceedings of irregular third country national citizens and asylum seekers and presents qualitative empirical research on decisions issued by the competent national authorities. The results have been analysed using a selection of theoretical tools, all referable to the general concept of the rule of law. The judicial decisions on pre-removal detention proceedings in two case studies are examined: the jurisprudence on detention of irregular migrants, in different offices of the Justice of the Peace in Italy; and the case law on detention of asylum seekers in the Ordinary Tribunal of Rome. The assumption underlying the research is that various conceptions of the rule of law may have different explanatory power when it comes to explaining the empirical results. To verify this hypothesis, the study proposes an overview of the main rule of law doctrines in the Western tradition of political and legal thought and applies the method of historical-conceptual analysis. As a result, the explanatory power of six theoretical models of the rule of law was verified against the data with the view to highlight the virtues and vices of the respective explanatory frameworks. This article reaches a two-fold conclusion. First, as far as the explanatory frameworks are concerned: the results of the two case studies cannot be fully explained by any of the models considered in this study. This fact alone casts doubts on the explanatory power of these theories and calls for further research on judicial decision-making more generally. Secondly, a key finding of the study regarding the notions of discretion and arbitrariness is that the judicial approach which assures the highest protection of rights is also the one that is most easily influenced by arbitrariness. The author argues that this paradox can be easily dissolved by paying attention to the plural dimensions of arbitrariness. If we consider arbitrariness from a legal point of view, i.e. as an illegal decision, it is unsurprising that the authority that most uses its discretionary powers is also the one most at risk of abusing these discretionary powers and hence of exercising arbitrary power. However, if we consider arbitrariness from the point of view of philosophical-political theory, i.e. as a form of domination characterised by the absence of sufficient justification, it is unsurprising that the judicial approach which assures the highest protection of rights is also the one that takes its own role as guarantor of these rights and of the constitutional democratic legal order as such most seriously. This judicial approach thus most often risks exercising its power in criticisable ways, as compared to an authority much more in line with the requirements of law enforcement agencies. Keywords: migration, discretion, justice, arbitrariness, civil rights, Rechtsstaat, expulsion, mixed constitution
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Determann, Lothar. "Healthy Data Protection." Michigan Technology Law Review, no. 26.2 (2020): 229. http://dx.doi.org/10.36645/mtlr.26.2.healthy.
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Modern medicine is evolving at a tremendous speed. On a daily basis, we learn about new treatments, drugs, medical devices, and diagnoses. Both established technology companies and start-ups focus on health-related products and services in competition with traditional healthcare businesses. Telemedicine and electronic health records have the potential to improve the effectiveness of treatments significantly. Progress in the medical field depends above all on data, specifically health information. Physicians, researchers, and developers need health information to help patients by improving diagnoses, customizing treatments and finding new cures. Yet law and policymakers are currently more focused on the fact that health information can also be used to harm individuals. Even after the outbreak of the COVID-19 pandemic (which occurred after the manuscript for this article was largely finalized), the California Attorney General Becera made a point of announcing that he will not delay enforcement of the California Consumer Privacy Act (“CCPA”), which his office estimated imposes a $55 billion cost (approximately 1.8% of California Gross State Product) for initial compliance, not including costs of ongoing compliance, responses to data subject requests, and litigation. Risks resulting from health information processing are very real. Contact tracing and quarantines in response to SARS, MERS, and COVID-19 outbreaks curb civil liberties with similar effects to law enforcement investigations, arrests, and imprisonment. Even outside the unusual circumstances of a global pandemic, employers or insurance companies may disfavor individuals with pre-existing health conditions in connections with job offers and promotions as well as coverage and eligibility decisions. Some diseases carry a negative stigma in social circumstances. To reduce the risks of such harms and protect individual dignity, governments around the world regulate the collection, use, and sharing of health information with ever-stricter laws. European countries have generally prohibited the processing of personal data, subject to limited exceptions, for which companies have to identify and then document or apply. The General Data Protection Regulation (“GDPR”) that took effect in 2018 confirms and amplifies a rigid regulatory regime that was first introduced in the German State Hessen in 1970 and demands that organizations minimize the amount of data they collect, use, share, and retain. Healthcare and healthtech organizations have struggled to comply with this regime and have found EU data protection laws fundamentally hostile to data-driven progress in medicine. The United States, on the other hand, has traditionally relied on sector- and harm-specific laws to protect privacy, including data privacy and security rules under the federal Health Insurance Portability and Accountability Act (“HIPAA”) and numerous state laws including the Confidentiality of Medical Information Act (“CMIA”) in California, which specifically address the collection and use of health information. So long as organizations observe the specific restrictions and prohibitions in sector-specific privacy laws, they may collect, use, and share health information. As a default rule in the United States, businesses are generally permitted to process personal information, including health information. Yet, recently, extremely broad and complex privacy laws have been proposed or enacted in some states, including the California Consumer Privacy Act of 2018 (“CCPA”), which have a potential to render compliance with data privacy laws impractical for most businesses, including those in the healthcare and healthtech sectors. Meanwhile, the People’s Republic of China is encouraging and incentivizing data-driven research and development by Chinese companies, including in the healthcare sector. Data-related legislation is focused on cybersecurity and securing access to data for Chinese government agencies and much less on individual privacy interests. In Europe and the United States, the political pendulum has swung too far in the direction of ever more rigid data regulation and privacy laws, at the expense of potential benefits through medical progress. This is literally unhealthy. Governments, businesses, and other organizations need to collect, use and share more personal health information, not less. The potential benefits of health data processing far outweigh privacy risks, which can be better tackled by harm-specific laws. If discrimination by employers and insurance companies is a concern, then lawmakers and law enforcement agencies need to focus on anti-discrimination rules for employers and insurance companies - not prohibit or restrict the processing of personal data, which does not per se harm anyone. The notion of only allowing data processing under specific conditions leads to a significant hindrance of medical progress by slowing down treatments, referrals, research, and development. It also prevents the use of medical data as a tool for averting dangers for the public good. Data “anonymization” and requirements for specific consent based on overly detailed privacy notices do not protect patient privacy effectively and unnecessarily complicate the processing of health data for medical purposes. Property rights to personal data offer no solutions. Even if individuals - not companies creating databases - were granted property rights to their own data originally, this would not ultimately benefit individuals. Given that transfer and exclusion rights are at the core of property regimes, data property rights would threaten information freedom and privacy alike: after an individual sells her data, the buyer and new owner could exercise his data property rights to enjoin her and her friends and family from continued use of her personal data. Physicians, researchers, and developers would not benefit either; they would have to deal with property rights in addition to privacy and medical confidentiality requirements. Instead of overregulating data processing or creating new property rights in data, lawmakers should require and incentivize organizations to earn and maintain the trust of patients and other data subjects and penalize organizations that use data in specifically prohibited ways to harm individuals. Electronic health records, improved notice and consent mechanisms, and clear legal frameworks will promote medical progress, reduce risks of human error, lower costs, and make data processing and sharing more reliable. We need fewer laws like the GDPR or the CCPA that discourage organizations from collecting, using, retaining, and sharing personal information. Physicians, researchers, developers, drug companies, medical device manufacturers and governments urgently need better and increased access to personal health information. The future of medicine offers enormous opportunities. It depends on trust and healthy data protection. Some degree of data regulation is necessary, but the dose makes the poison. Laws that require or intend to promote the minimization of data collection, use, and sharing may end up killing more patients than hospital germs. In this article, I promote a view that is decidedly different from that supported by the vast majority of privacy scholars, politicians, the media, and the broader zeitgeist in Europe and the United States. I am arguing for a healthier balance between data access and data protection needs in the interest of patients’ health and privacy. I strive to identify ways to protect health data privacy without excessively hindering healthcare and medical progress. After an introduction (I), I examine current approaches to data protection regulation, privacy law, and the protection of patient confidentiality (II), risks associated with the processing of health data (III), needs to protect patient confidence (IV), risks for healthcare and medical progress (V), and possible solutions (VI). I conclude with an outlook and call for healthier approaches to data protection (VII).
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O'Brien, Nick. "Social rights and civil society: ‘Giving Force’ without ‘Enforcement’." Journal of Social Welfare and Family Law 34, no. 4 (December 2012): 459–70. http://dx.doi.org/10.1080/09649069.2012.753728.
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Guthrie, R. Claire. "Judicial and administrative enforcement of federal civil rights laws." New Directions for Institutional Research 1985, no. 45 (March 1985): 57–67. http://dx.doi.org/10.1002/ir.37019854506.
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Widana, I. Nyoman. "ENFORCEMENT OF THE CREDIT AGREEMENT WITH THE GUARANTEE OF THE MORTAGE FOR THE DEVELOPER OF RESIDENTIAL CONSTRUCTION WITH CREDIT." Yustisia Jurnal Hukum 6, no. 3 (December 31, 2017): 620. http://dx.doi.org/10.20961/yustisia.v6i3.15422.
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<p>In article 2 paragraph (2) of the Mortgages Law on section 22 subsection (9) has deleted the mortgages rights on the object that is concerned to be logged by the land Office over the books of the land and rights of a dependent as well as the Certificate of land entitlement which has been free from the rights of the original relations. However, section 22 subsection (9) of the mortgages law does not specify the logging enforcement of time limit by the Office of the Land Commission as specified in article 22 paragraph (8). This research aims to analyse the enforcement of credit agreement residential construction with dependent rights in the city of Mataram. What are the factors affecting the enforcement of the rights of dependent credit residential construction in the city of Mataram and how is the responsibility of the notary against the deed of credit agreement made in residential construction. This research is empirical legal research seeking at how the law in reality field. The research uses descriptive qualitative analysis supported by qualitative approaches. Based on the results of the research, enforcement of a residential construction that charged on right dependents between company and bank has previously started by an agreement in which the agreement was made to facilitate the parties in conducting the process of loading a dependent right which the rights and obligations of the parties are set forth in the cooperation agreement.</p>
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Setiyono, Joko. "HUMAN RIGHTS BASED LAW ENFORCEMENT FOR THE VIOLATION OF LOCAL REGULATION BY CIVIL SERVICE POLICE OF SEMARANG MUNICIPALITY." Diponegoro Law Review 1, no. 1 (October 7, 2016): 61. http://dx.doi.org/10.14710/dilrev.1.1.2016.61-80.
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In the era of regional autonomy, the role of civil service police in the enforcement of Local Regulations is crucial to support regional development. However in practice, civil service police often find obstacles and resistance from the public they face. Therefore, it is required for civil service police to act on the base of human rights during the regulation enforcement process. The results hows that the performance of Semarang civil service police in conducting the Local Regulations enforcement process during 2009-2014 had been done based on human rights. There are still any resistance from the public in some actions, but it can be understood as the result of lack of socialization about the regulations, lack of dialogue and coordination with the citizens, as well as lack of satisfaction of citizens in the solution or redress given to them. Keywords : human rights, enforcement, violation, local regulation, municipality