Whistleblowing

2019 ◽  
Author(s):  
Kenneth Hamer
Keyword(s):  
Public Interest ◽  
Disciplinary Action ◽  
England And Wales ◽  
The Public ◽  
Article 9 ◽  
Chartered Accountants ◽  
Do So

Institute of Chartered Accountants in England and Wales, Disciplinary Bye-laws 2017, article 9(1) (‘Any person may bring to the attention of the head of staff any facts or matters indicating that a member, a firm or a provisional member may have become liable to disciplinary action under these bye-laws or the [Accountancy and Actuarial Discipline Board] Scheme or the [Joint Disciplinary Scheme]; and it is the duty of every member, where it is in the public interest for him to do so, to report to the head of staff any such facts or matters of which he is aware’)

Guarding the Public Interest: England's Coroners and Organ Transplants, 1960–1975

2015 ◽  
Vol 54 (4) ◽  
pp. 926-946 ◽  
Author(s):  
Helen MacDonald
Keyword(s):  
Twentieth Century ◽  
Public Interest ◽  
Spare Part ◽  
Organ Transplants ◽  
Legal Requirement ◽  
The Public ◽  
The Law ◽  
Do So

AbstractFrom the mid-twentieth century, England's coroners were crucial to the supply of organs to transplant, as much of this material was gleaned from the bodies of people who had been involved in accidents. In such situations the law required that a coroner's consent first be obtained lest removing the organs destroy evidence about the cause of the person's death. Surgeons challenged the legal requirement that they seek consent before taking organs, arguing that doing so hampered their quick access to bodies. Some coroners willingly cooperated with surgeons while others refused to do so, coming into conflict with particular transplanters whom they considered untrustworthy. This article examines how the phenomenon of “spare part” surgery challenged long-held conceptions of the coroner's role.

scholarly journals After the age of criminal responsibility: a defence for children who offend

2016 ◽  
Vol 67 (3) ◽  
pp. 327-341
Author(s):  
Claire McDiarmid
Keyword(s):  
Young People ◽  
Mental Disorder ◽  
Lived Experience ◽  
Public Interest ◽  
Developmental Psychology ◽  
Criminal Responsibility ◽  
Mens Rea ◽  
Criminal Process ◽  
England And Wales ◽  
The Public

In Scotland, the age of criminal responsibility is 8, although children cannot be prosecuted until they are 12. In England and Wales, for all purposes, the age is 10. This article argues that a further mechanism is needed to protect the young who do wrong within the criminal process and it argues for a new, bespoke defence, to be available to young people from the age of criminal responsibility until they attain the age of 18. It looks firstly at criminal capacity – what it is that needs to be understood fairly to hold anyone criminally responsible – and draws on material from developmental psychology and neuro-science, as well as looking at the child’s lived experience, to provide some evidence that the young may, without fault, lack this capacity. It then examines the use of age generally in law, and the age of criminal responsibility within this. Next, it considers existing lack of capacity defences – nonage, diminished responsibility, insanity (or mental disorder) and absence of mens rea – to consider their suitability for use by young and immature defendants. Finally, it presents a proposal for the form of the new defence, taking into account the need for balance with the public interest in conviction of the guilty. Throughout, it notes and analyses the Law Commission’s proposals in this respect.

Investigations and Public Interest Winding-Up Petitions

2017 ◽  
Author(s):  
Glen Davis
Keyword(s):  
Public Interest ◽  
Regulatory Authority ◽  
The Public ◽  
Secretary Of State ◽  
A Company ◽  
Do So

Serious misconduct, or breaches of duty by a company or its directors affecting the company’s relationships with members of the public, may trigger an investigation by the Secretary of State into the manner in which the company’s business has been conducted, or even the appointment of inspectors and publication of a formal report. In an appropriate case, the Secretary of State or a regulatory authority may petition the court to wind the company up on the basis that it is ‘just and equitable’ to do so in the public interest. Such a liquidation need not be predicated on insolvency. A winding-up order terminates the directors’ powers of management and is the logical response to misconduct or mismanagement by directors which is revealed by an inspector’s report.

Antitrust as Public Interest Law: Redistribution, Equity, and Social Justice

2020 ◽  
Vol 65 (1) ◽  
pp. 87-101
Author(s):  
Dina I. Waked
Keyword(s):  
Public Interest ◽  
Competition Policy ◽  
Private Property ◽  
Allocative Efficiency ◽  
Consumer Welfare ◽  
The Public ◽  
Public Interest Law ◽  
Antitrust Laws ◽  
History Of ◽  
Do So

This article proposes the use of antitrust law to reduce poverty and address inequality. It argues that the antitrust laws are sufficiently malleable to achieve such goals. The current focus of antitrust on the efficiency-only goals does not only lead to increasing inequality further but is also inconsistent with the history of antitrust. This history is presented through the lens of the public interest that emerges into the balance between private property and competition policy. Tracing the public interest at different historical moments, we get to see how it has been broad enough to encompass social welfare concerns. Over time, the public interest concern of antitrust was narrowed to exclusively cover consumer welfare and its allocative efficiency. Once we frame antitrust as public interest law, in its broadest sense, we are empowered to use it to address inequality. A proposal to do so is exposed in this article.

Should rangeland rehabilitation be paid for from the public purse?

1990 ◽  
Vol 12 (2) ◽  
pp. 61 ◽  
Author(s):  
RK Lindner
Keyword(s):  
Public Interest ◽  
Market Failure ◽  
Policy Issue ◽  
Stocking Rate ◽  
Existence Value ◽  
The Public ◽  
Public Purse ◽  
The Cost ◽  
Do So

The issue addressed in this paper is the appropriate source of funding for rangeland rehabilitation. Two subsidmy questions are pertinent to this policy issue. Is it profitable for private managers of pastoral properties to rehabilitate rangeland? If not, then on what grounds might it be in the public interest to do so? Evidence is presented that it is privately profitable to rehabilitate slightly to moderately degraded range, by destocking during seasons when there are good prospects for seedlings to become established, but otherwise matching the stocking rate to feed availability. Conversely, it is unprofitable to rehabilitate severely degraded range unless the cost of reseeding is subsidized by at least $5/ha. The relevance of various market failure arguments to the case for public fun- of rangeland rehabilitation to the extent of $100million is discussed, and the need to estimate the existence value of rangelands vis a vis other conservation goals is identified.

scholarly journals Truth Distancing? Whistleblowing as Remedy to Censorship during COVID-19

2020 ◽  
Vol 11 (2) ◽  
pp. 375-381
Author(s):  
Vigjilenca ABAZI
Keyword(s):  
Public Interest ◽  
Public Attention ◽  
Timely Manner ◽  
The Public ◽  
Reporting Systems ◽  
The World ◽  
Other Information ◽  
The Usa ◽  
And Control ◽  
Do So

In the COVID-19 pandemic, whistleblowers have become the essential watchdogs disrupting suppression and control of information. Many governments have intentionally not disclosed information or failed to do so in a timely manner, misled the public or even promoted false beliefs. Fierce public interest defenders are pushing back against this censorship. Dr Fen and Dr Wenliang were the first whistleblowers in China to report that a new pandemic was possibly underway, and ever since, numerous other whistleblowers around the world have been reporting on the spread of the virus, the lack of medical equipment and other information of public interest. This paper maps the relevant whistleblowing cases in China, the USA and Europe and shows that many whistleblowers are initially censored and face disciplinary measures or even dismissals. At the same time, whistleblowing during the COVID-19 pandemic has drawn public attention to the shortcomings of institutional reporting systems and a wider appreciation of whistleblowers as uniquely placed to expose risk at early stages. Ultimately, whistleblowing as a means of transparency is not only becoming ever less controversial, but during COVID-19 it has become the “remedy” to censorship.

Offenses and Defenses against Patients: A Psychoanalyst's View of the Borderline between Empathic Failure and Malpractice

1993 ◽  
Vol 38 (4) ◽  
pp. 265-273 ◽  
Author(s):  
John A. Sloane
Keyword(s):  
Social Change ◽  
Patient Care ◽  
Clinical Experience ◽  
Public Interest ◽  
Social Process ◽  
Mutual Trust ◽  
Vicious Cycle ◽  
The Public ◽  
Do So

The behaviour of physicians is increasingly coming under scrutiny and attack, both from patients and from institutions that represent the public interest. This social process is partly a necessary and healthy quest for healing and partly a retaliatory response to inevitable failures on the part of physicians to live up to the standards expected of them. The process can assume such ruthless and pervasive forms that physicians are becoming exposed to impossible demands and even abuse at the hands of those they are trying to help. As a result, many physicians become defensive, withdrawing from patient care or reasserting their own needs in regressive ways that further offend or injure their patients. This increases public anxiety and outrage resulting in regressive and even violent “solutions” creating a vicious cycle in which mutual trust and respect is eroded and true health eludes our grasp. Physicians who practise psychotherapy are particularly aware of such regressive emotional pressures and therefore their experience can be taken as a bellwether of social change. Stirred by recent encounters with colleagues who have undergone public inquisition, humiliation and punishment, and drawing on personal clinical experience with patients whose regressive self-expression could at times be considered “borderline”, the author attempts to understand the nature of the emotional forces being experienced by members of the profession at large. As in therapy, so in social change; the outcome depends on how well we understand, contain and channel the powerful feelings that underlie whatever actions are taken. Failure to do so makes the situation worse, while recognition of empathic failure at all levels can provide an opportunity for healing and for reintegration rather than polarization of opposing forces at the border between what is acceptable and what is not.

Article 89 Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes

2020 ◽  
Author(s):  
Christian Wiese Svanberg
Keyword(s):  
Public Interest ◽  
Personal Data ◽  
Historical Research ◽  
The Public ◽  
Article 9 ◽  
Article 5

Article 4 (Definitions) (see too recital 26); Article 5 (Principles relating to processing of personal data); Article 6 (Lawfulness of processing) (see too recital 50); Article 9 (Processing of special categories of personal data) (see too recitals 52–53).

9 Public Interest Petitions

2021 ◽  
Author(s):  
French Derek
Keyword(s):  
Public Interest ◽  
Judicial Review ◽  
Regulatory Authority ◽  
The Public ◽  
Secretary Of State ◽  
A Company ◽  
Do So

The chapter deals with the powers of the Secretary of State and other public officers and bodies to petition for a company to be wound up in the public interest. A petition for winding up in the public interest can only be presented by a person who is authorized to do so by statute. If it appears to the Secretary of State, from the results of any of various investigatory processes, that it is expedient in the public interest that a company should be wound up, petition for that company to be wound up by the court. A decision to present or not present a public interest petition is subject to judicial review. The fact that a regulatory authority has acted to prevent continuation of a company’s objectionable behaviour is not a reason for refusing a winding-up order in the public interest.

Politics and Society

2020 ◽  
pp. 283-307
Author(s):  
Geert Roskam
Keyword(s):  
Public Interest ◽  
Careful Analysis ◽  
Political Life ◽  
The Political ◽  
Philosophical Perspective ◽  
The Public ◽  
Political Situation ◽  
Self Sufficiency ◽  
Do So

From antiquity to the present, Epicurus’s view of politics has often been regarded as entirely negative. And indeed, from his philosophical perspective, where pleasure is regarded as the final end, politics is usually depreciated as a source of troubles and pains. While the politician eagerly pursues the fulfillment of his empty unnecessary desires, he constantly postpones the easily attainable pleasures. A careful analysis of the reality of political life and of the unhappy fate of many politicians thus shows that we better prefer a sequestered, “unnoticed” life, in order to enjoy the full pleasures of Epicurean tranquility and self-sufficiency among like-minded friends. Yet this is only one part of the story—though an important one of course. Several sources show that Epicurus was particularly well-informed about the political situation in his own day and that he ascribed to politics its own autonomy. Moreover, he was open-minded enough to allow for possible exceptions: when a sober-minded calculus reveals that it is better to occasionally engage in politics, the Epicurean should indeed do so. Such a decision, however, does not rest on a concern for the public interest, but only aims at benefiting the Epicurean himself or his community.

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