Integration of Railway Electronic Systems to Achieve Safety and Efficiency

Author(s):  
Grady C. Cothen

The railroad industry, including its freight and passenger components, is at a critical crossroads. One path promises a continuation of individual innovations, conceived and priced to address sometimes narrow requirements without relation to larger needs. The other path is directed toward a more connected and effective approach, claiming individual benefits while also achieving synergies not obtainable using the first. This paper advocates an integrated approach, resisting the conventional wisdom presently attending most discussions of communications-based train control systems and electronic braking platforms. It urges a more robust response to the opportunities presently presented, taking into consideration both railroad profitability and the public interest. Appropriate consideration is given to the need for both private and public resources to be applied to achieving the resulting benefits.

2019 ◽  
Vol 29 (4) ◽  
pp. 549-573
Author(s):  
Honor Brabazon

While the privatisation of public space has been the subject of considerable research, literature exploring the shifting boundaries between public and private law, and the role of those shifts in the expansion of neo-liberal social relations, has been slower to develop. This article explores the use of fire safety regulations to evict political occupations in the context of these shifts. Two examples from the UK student occupation movement and two from the US Occupy movement demonstrate how discourses and logics of both private and public law are mobilised through fire hazard claims to create the potent image of a neutral containment of dissent on technical grounds in the public interest – an image that proves difficult to contest. However, the recourse to the public interest and to expert opinion that underpins fire hazard claims is inconsistent with principles governing the limited neo-liberal political sphere, which underscores the pragmatic and continually negotiated implementation of neo-liberal ideas. The article sheds light on the complexity of the extending reach of private law, on the resilience of the public sphere and on the significance of occupations as a battleground on which struggles over neo-liberal social relations and subjectivities play out.


2018 ◽  
Vol 48 (1) ◽  
pp. 82-96 ◽  
Author(s):  
Chris O’Leary

There has been a significant and growing interest, and growing empirical research, around Public Service Motivation (PSM) in recent years. There are few critiques of the construct, and none from a rationalist perspective. Given that the origins of PSM lie in attempts by public administration scholars to counter rationalist explanations of bureaucratic behavior, this lack of countercriticism is surprising. This article provides a rationalist critique of PSM. It argues that PSM is consistent with, and not an alternative to, rationalist understandings of what motivates individuals. It also argues that a significant gap in the PSM literature is around how civil servants and others make decisions; decisions about the public interest, and thus how and when to allocate public resources. It concludes that seeing PSM as consistent with rationality, and specifically as a form of expressive interests, answers many of the remaining questions about PSM and addresses the substantive gaps in the construct.


2020 ◽  
Vol 12 (4) ◽  
pp. 1425 ◽  
Author(s):  
Jolita Vveinhardt ◽  
Włodzimierz Sroka

The phenomena of ‘nepotism’ and ‘favouritism’ are frequently observed in contemporary business, being usually associated with corruption in the public sector and the abuse of public resources. The phenomena, however, have an international scale and no country and sector of the economy are free of them. Given these facts, our paper identifies the attitude of Lithuanian and Polish employees to it in the context of revealing the organizational microclimate. Our analysis is done in relation to three basic aspects: a) Sector (public vs. private), b) gender (male vs. female) and c) five different age groups. Our research sample involved 337 respondents (Poland-PL, N = 164 and Lithuania-LT, N = 173) representing public (PL and LT, N = 119) and private (PL and LT, N = 218) sector organizations. A closed-type questionnaire was used in the survey. Validity and reliability of the questionnaire were confirmed by its high psychometric characteristics. Several research methods, including factor analysis, Cronbach’s alpha, Spearman–Brown, factor loading and total item correlation were used in our study. The results show that there are both similarities as well as differences between the organizations analysed. As far as the private vs. public sector is concerned, in Poland, manifestation of nepotism in principal does not differ in private and public organizations, unlike in Lithuanian organizations, where a worse situation is recorded in public sector organizations. In turn, comparing employees’ attitudes by their gender, it was identified that there were more similarities than differences between Poland and Lithuania in four subcategories. Finally, comparing employees’ attitudes by their age, it was identified that the least number of statistically significant differences was identified in two age groups: 18–24 years old and over 51.


2020 ◽  
Vol 24 (4) ◽  
pp. 1039-1062
Author(s):  
Vitaly V. Kikavets

The basis of legal relations in public procurement are private and public interests. The purpose of the study is a substantive assessment of the authors hypothesis that the purpose of legal regulation and financial support of public procurement is to satisfy the public interest expressed in the form of a public need for goods, works, and services. The methodological basis of the study rests on historical and systematic approach, analysis, synthesis and comparative-legal methods. The results of the analysis of normative legal acts regulating public procurement, doctrinal literature and practice showed that public interest denounced in the form of public need is realized through public procurement. Public and private interests can be realized exclusively jointly since these needs cannot objectively be met individually. In general, ensuring public as well as private interests boils down to defining and legally securing the rights and obligations of the customer and their officials, which safeguards them in the process of meeting public needs through public procurement. The study revealed the dependence of the essence of public interest on the political regime, which determines the ratio of public and private interests. Public interest in public procurement is suggested to understand as the value-significant selective position of an official or another person authorized by the government, which is expressed in the form of the public need for the necessary benefit; gaining such benefit involves both legal regulation and financial security. The purpose of legal regulation of public procurement is to satisfy public interest. These concepts should be legally enshrined in Law No. 44-FZ.


2018 ◽  
Vol 17 (4) ◽  
pp. 197-215
Author(s):  
Renata Kamińska

Roman law accorded a broad scope of protection for public places. Te magistrates responsible for securing it were the curule and plebeian aediles, the censors, and the praetors. Praetors conducted this duty by promulgating interdicts. Ne quid in loco publico fat, which prohibited any activity or installation in a public place which could cause damage, stands out among the other praetorian interdicts. What made it special was that it could be applied both when the potential damage concerned the public interest (utilitas publica), and/or the interest of a private individual (utilitas privata). The damage (damnum) was defned as the loss of a beneft of whatsoever kind the private individual drew from his enjoyment of the public place in question.


2018 ◽  
Vol 9 (3) ◽  
pp. 391-415 ◽  
Author(s):  
Maria DE BENEDETTO

The question of effective law has been studied in many fields of research, such as philosophy and sociology of law, law and economics, public policy and behavioural sciences. This article aims to treat it as a genuine administrative law issue which is currently having a significant impact on administrative procedures, especially affecting the way in which rules are adopted and implemented. Furthermore, the article attempts to reconcile conflicting views in existing literature on the meaning of effective law and on which factors lead to effectiveness by proposing an integrated approach: starting from a regulatory perspective it considers both traditional determinants of effectiveness, ie compliance and enforcement, as well as the emerging aspect of outcomes, focused on the idea that a rule can be defined as effective when its desired effects have been achieved and the public interest which justifies the rule has been safeguarded without producing unwanted or disfunctional consequences.Far from being simply a decisional problem for institutions (arising in legislative, regulatory and administrative procedures), effectiveness calls for a “steering administration” and represents a criterion for decision-making, since expected effectiveness can be used in the logic of “whether” and “how” institutions should arrive at decisions.


2021 ◽  
pp. 37-40
Author(s):  
Mykhailo HALAI ◽  
Ihor KOSIAK

Today the concept of “public interest” plays a significant role in public law. It would then be important to define the concept for better understanding and application in administrative law. The paper is devoted to the analysis of the definition of «public interest». The uncertainty of the concept in the legislation is noted. The questions of genesis of concept of «interest» in law; division of right into private and public; division of interest into private and public interest. Considered views on the definition of interest in law. The exercise of public interest by organs of public administration by issuing administrative acts is specified. The meaning of public interest has been defined. The role of public interest in the activities of public administration bodies has been established. The importance of balancing individual and collective interests was emphasized. The types of public interest are defined, and the concept of public interest in administrative law is enshrined in domestic legislation. The ambiguity of the legal acts defining the types of public interest that are laid down in the legislation is indicated. Special features of public interest have been formed. It is further stated that the public interest is the content of the legal relationship between citizens and the public administration. The importance of State guarantees for the possibility of realizing a public interest has been established. With the help of the powers of the local State administrations, signs of public interest were examined. It has been established that it is possible for public authorities to define the concept of public interest. The use of types of public interest in legal proceedings, the safeguarding and realization of public interest by administrative law and the importance of a legislative definition of public interest have been proved. The opinion defines the concept of public interest in administrative law as a set of private interests in administrative legal relations which (aggregate) It is provided by appropriate legal means and is implemented through executive administrative acts. In addition, the report indicates the main features of public interest.


2020 ◽  
Vol 26 (1) ◽  
pp. 114-136
Author(s):  
Nyalle Barboza Matos ◽  
Andréa de Oliveira Gonçalves

ABSTRACT The main objective of this research is to identify and discuss theoretically the advances, limitations and perspectives pointed by international research to improve the accountability and evaluation aspects of PPPs. This is a theoretical essay based on the Public Choice Theory to show that the PPP accounting treatment is relevant to avoid lack of transparency and accountability, mitigating possible losses in the decision-making process and the ineffective allocation of public resources. The discussion of topics reveals the importance of public accounting in measuring the financial and social consequences that the shared responsibility of PPPs can have, defending the public interest and democratic relations. It is argued that different factors may influence PPP accounting issues, involving governance limitations, institutional weaknesses, widespread corruption, lack of transparency, weak regulatory environments, power imbalances between partners, lack of political commitment and trust. Finally, some accounting research questions and topics are presented that should be considered to prevent private interest from overriding the public interest in contracting a PPP.


2002 ◽  
Vol 2 (1) ◽  
pp. 68-87 ◽  
Author(s):  
Tony Tinker

If critical accounting's mandate is to interrogate activities that fall into that deep chasm between private and public interests, then the advent of an American Accounting Association journal, Accounting and the Public Interest, is long overdue. In meeting this mandate, critical researchers must guard against becoming wedded to ossified and out-moded notions of public interest; they must be vigilantly self-critical. In this spirit, this paper visits the work of a pre-eminent public interest advocate, Abraham Briloff. Briloff's critique reigns supreme as the foremost challenge to the Accounting Establishment. Typically, his investigations focus on “The Profession,” and the audit and reporting practices of large accounting firms (the Big 8/6/5). So dominant has been the Brilovian critique that, in the U.S. today, it dwarfs all other forms of critical accounting inquiry. This paper argues that the Brilovian focus on “The Profession,” as an initial starting point, may have been adequate for its time; however, it is increasingly limited as a basis for critical research—in the U.S. and elsewhere. “The Profession” focus excludes a growing amount of accounting activity—as to what accounting produces, and how accounting is reproduced—that requires analysis and intervention. This paper reviews the perspective of “The Profession” and then explores an array of starting points that share the common trait of being expressions of the commodity form.


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