Private and Public Juvenile Placements: Is there a Difference?

1990 ◽  
Vol 36 (2) ◽  
pp. 286-299 ◽  
Author(s):  
David Shichor ◽  
Clemens Bartollas
Keyword(s):  
Southern California ◽  
The State ◽  
Public Institutions ◽  
Policy Implications ◽  
County Government ◽  
Public And Private ◽  
Private Placements ◽  
Private And Public ◽  
Financial Arrangements ◽  
Private Setting

This study examines the patterns of public and private juvenile placements in one of the larger probation departments in Southern California. About two-thirds of the juveniles sent to institutional placements were placed in a private setting, and one-third were assigned to public institutions. This pattern was due to financial arrangements between the state and the county government. There were indications that more juveniles with the traditional “delinquent” background were placed in public institutions, while juveniles with individual problems were more likely to be sent to private placements. The policy implications of these patterns are analyzed in the article.

Fiduciary Principles and Public Offices

2019 ◽  
pp. 302-322
Author(s):  
Ethan J. Leib ◽  
Stephen R. Galoob
Keyword(s):  
Administrative Law ◽  
Public Law ◽  
Public Institutions ◽  
Policy Implications ◽  
Public Officials ◽  
Public Office ◽  
Public And Private ◽  
Normative Structure ◽  
The Public ◽  
Positive Law

This chapter examines how fiduciary principles apply to public offices, focusing on what it means for officeholders to comport themselves to their respective public roles appropriately. Public law institutions can operate in accordance with fiduciary norms even when they are enforced differently from the remedial mechanisms available in private fiduciary law. In the public sector, fiduciary norms are difficult to enforce directly and the fiduciary norms of public office do not overlap completely with the positive law governing public officials. Nevertheless, core fiduciary principles are at the heart of public officeholding, and public officers need to fulfill their fiduciary role obligations. This chapter first considers three areas of U.S. public law whose fiduciary character reinforces the tenet that public office is a public trust: the U.S. Constitution’s “Emoluments Clauses,” administrative law, and the law of judging. It then explores the fiduciary character of public law by looking at the deeper normative structure of public officeholding, placing emphasis on how public officeholders are constrained by the principles of loyalty, care, deliberation, conscientiousness, and robustness. It also compares the policy implications of the fiduciary view of officeholding with those of Dennis Thompson’s view before concluding with an explanation of how the application of fiduciary principles might differ between public and private law settings and how public institutions might be designed or reformed in light of fiduciary norms.

scholarly journals COVID-19 in the Brazilian Oil Capital: the successful experience of public and private engagement

2021 ◽  
Author(s):  
Natália Martins Feitosa ◽  
Bruno da Costa Rodrigues ◽  
Ana Cristina Petry ◽  
Keity Jaqueline Chagas Vilela Nocchi ◽  
Rodrigo de Moraes Brindeiro ◽  
...  
Keyword(s):  
Rio De Janeiro ◽  
The State ◽  
Public And Private ◽  
First Semester ◽  
Oil Companies ◽  
Scientific Analysis ◽  
Private And Public ◽  
Successful Approach ◽  
Spatial Cluster Analysis ◽  
State Capital

Abstract Background Brazilian strategy to overcome the spread of COVID-19 has been particularly criticized due to the lack of a national coordinating effort and an appropriate testing program. Here, a successful approach to control the spread of COVID-19 transmission is described by the engagement of public (university and governance) and private sectors (hospitals and oil companies) in Macaé, state of Rio de Janeiro, Brazil, a city known as the National Oil Capital. Methods Until the 38th epidemiological week, over two percent of the 206,728 citizens were subjected to symptom analysis and massive RT-qPCR testing by the Federal University of Rio de Janeiro, with positive individuals being notified up to 48 hours after swab collection. Geocodification and spatial cluster analysis were used to limit COVID-19 spreading in Macaé. Findings: Within the first semester after the outbreak of COVID-19 in Brazil, Macaé recorded 1.8% of fatality associated to COVID-19 up to the 38th epidemiological week, which was at least five times lower than the state capital (10.92%). Overall, considering the successful experience of this joint effort of private and public engagement in Macaé, our data suggest that the development of a similar strategy country wise would have saved over 50,000 lives. Interpretation: Quarantine decree by the local government, molecular massive testing coupled to scientific analysis of COVID-19 spreading prevented the catastrophic consequences of the pandemic as seen in other populous cities within the state of Rio de Janeiro and elsewhere in Brazil.

scholarly journals ECONOMICS OF JUSTICE: THE STATE WEAL AND THE BENEFITS OF A PRIVATE PERSON

2017 ◽  
Vol 3 (3) ◽  
pp. 5-17
Author(s):  
Виктор Момотов ◽  
Viktor Momotov
Keyword(s):  
Economic Efficiency ◽  
Legal Aspect ◽  
The State ◽  
Financing System ◽  
Public And Private ◽  
Case Load ◽  
Private Interests ◽  
Administration Of Justice ◽  
Private And Public ◽  
Anglo American

The economic component of the courts’ activities on the administration of justice is a complex issue that, unfortunately, still remained outside the field of view of the Russian researchers. The court financing system, as well as mechanisms to improve the economic efficiency of the administration of justice are topical issues of the modern legal orders, which are closely associated with the principle of independence of judges and the guarantees of independence. Justice is a point of collision of public and private interests, that is why the question of the relation of these interests within the economy of justice is particularly relevant. The purpose of this study is to identify trends in economic aspect of the activity of courts from the standpoint of the ratio between private and public interests both in Russian and in foreign legal systems of Continental-European and Anglo-American legal families, as well as determining the future prospects of such development. The objective of the study is to analyze the financing systems of the judicial system and mechanisms to improve the economic efficiency of the administration of justice, including the optimization of the case load, the introduction of e-justice, regulation of the state fee. To achieve the goals and objectives of the study can be applied a systemic-structural, comparative legal, historical, systemic and statistical methods and scientific methods of induction and deduction. As the results of the study were identified the main models of financing of the judiciary and tendencies of their development, the problem of the case load and ways for its reduction were considered in comparative legal aspect in present article. Also the author has taken an assessment of institutions of electronic justice and state duties, as well as their role in improving the economic efficiency of the courts. On the basis of these results the author has made a few suggestions for the further development of the proceedings.

scholarly journals The Proper Discharge of Tax Duty as a Legitimate Interest of the Taxpayer

2020 ◽  
Vol 17 (3) ◽  
pp. 36-46
Author(s):  
Sergey Yadrikhinskiy
Keyword(s):  
The State ◽  
Point Of View ◽  
Constitutional Court ◽  
Law Enforcement Agencies ◽  
Public And Private ◽  
Private Interests ◽  
Legitimate Interest ◽  
The Face ◽  
Private And Public ◽  
Legitimate Interests

Introduction. Legal science traditionally considers the taxpayer as a person obliged, and the payment of tax in terms of unconditional, unilateral claims of the state. At the same time, the practice of taxation shows that not only the state, but also the taxpayer is interested in the proper execution of the tax duty. This article proposes to conduct a study of the performance of duties from the point of view of the legitimate interests of the taxpayer. Purpose. The purpose of this study is to consider the legal and organizational aspects of the obligation to pay tax, as well as the resolution of conflict issues in the balancing of public and private interests. Methodology. The methodological basis of the study consists of various General and special methods of cognition of the phenomena of legal reality. Among them, legal-dogmatic and historical-legal methods are particularly important. Results. The article reveals the signs of proper fulfillment of tax duties; distinguishes the concepts of “payment of tax” and “transfer of tax”; substantiates the idea that the implementation of tax duties is associated with the legitimate interests of the taxpayer, the accounting of which is an obligation on the part of the state in the face of law enforcement agencies (courts, tax authorities); analyzes the legal position of the constitutional Court of the Russian Federation on the payment of taxes and the performance of tax duties, defines the boundaries of good faith behavior of the taxpayer. Conclusions. The recognition of a duly performed tax duty is a legitimate interest of the taxpayer, which is subject to protection. Based on the analysis of the multistage process of tax payment and through the prism of the principle of justice, the conclusion about the inadmissibility of imposing all responsibility for not receiving money to the budget only on the taxpayer is substantiated. A practice that gives priority only to fiscal interest leads to an imbalance of private and public interests.

scholarly journals Demarcation of the public and private in the interaction of the state and citizens on digital network platforms

2021 ◽  
Vol 4 (3) ◽  
pp. 16-26
Author(s):  
V. V. Zotov
Keyword(s):  
Personal Information ◽  
Personal Data ◽  
The State ◽  
Sociological Study ◽  
Negative Experience ◽  
Public And Private ◽  
Digital Platforms ◽  
The Public ◽  
Digital Network ◽  
Private And Public

Digital network platforms are built on sociotechnical interaction between actors and actors. The creation and development of new public services based on digital platforms inevitably leads to the transformation of the relationship between the state and citizens. The attractiveness of state digital platforms for citizens increases when resolving the contradiction between the possibilities of new forms of social interaction and the threat of misuse of personal data, the risk of harm or persecution.The article presents the results of the analysis of the boundaries of the public and private in the interaction of the state with citizens on digital network platforms. The research method is a comparative analysis, which is based on the dichotomy of public and private, reflected in the concept of private and public X. Arendt, concepts of the public sphere J. Habermas, regulatory and legal concepts of privacy by R. Gavison. The empirical base was made up of a sociological study conducted to obtain information about the boundaries of privacy and publicity of personal data in the digital network space (n = 1 000 among the population over 18 years old living in metropolitan megacities and median regions by the level of informatization, 2020) and the results of Kaspersky Lab surveys conducted in 2019–2020.The conducted research allows us to assert that almost 2/3 of citizens have faced the misuse of confidential information on the Internet. Most of the respondents are aware that websites, social networks and search engines can collect data for web analytics. At the same time, citizens consider it possible to transfer personal data to the authorities in a generalized form for making managerial decisions. Half of the surveyed population does not object to the implementation of digital control over the actions and movements of citizens. Thus, despite the existing negative experience, it is unlikely that there will be any obvious resistance to organizing the collection of personal information on digital network platforms.

scholarly journals Public Interest in Private Law Relations of Transition Democracies: A Modern View from the Standpoint of a Systemic Approach

2020 ◽  
Vol 10 ◽  
pp. 430-439
Author(s):  
Iryna E. Berestova ◽  
◽  
Olha V. Verenkiotova ◽  
Natalii Serbina ◽  
Svitlana V. Seminoh
Keyword(s):  
Public Interest ◽  
Large Scale ◽  
The State ◽  
General Nature ◽  
Soviet Society ◽  
Private Law ◽  
Public Interests ◽  
Public And Private ◽  
Private And Public ◽  
The Law

The study investigates the legal nature of the category of "public interest" in private law relations from the standpoint of a systematic scientific approach to law in the countries of post-Soviet society in the modern period. The study states the affiliation of public and private law to the means of achieving the purpose of the law: the recognition of a person, their rights and freedoms as the highest social value of the state. The unsuitability of the theory of the branch belonging to public law has been proved using the universal criterion of separation: the use of the category of "public interest" in the development of the subject and method of the branch in private legal relations. It is concluded that the division of law into private and public is inconsistent in terms of their differentiation of the criterion "method of protecting the rights of their participants", which is activated only after the violation of the latter, while subjective law also exists before the violation, during the existence of regulatory legal relations, and it is the subjective law that forms the affiliation to the relevant industry. During the study, signs of public interest as a legal category were formed. In addition, modern features of public interest as a legal category were outlined from the standpoint of a systematic approach: the general nature of public interests; connectedness with large-scale involvement; recognition by the state and the provision of the law; the possibility of their implementation through measures of state power.

scholarly journals Private vs. Public Principles in the Regulation of Physical Culture and Sports Relations

2021 ◽  
Vol 2021 (3) ◽  
pp. 251-258
Author(s):  
Ekaterina Kovalenko ◽  
Nadezhda Tydykova
Keyword(s):  
Criminal Liability ◽  
The State ◽  
Physical Culture ◽  
Structural Method ◽  
Modern Theory ◽  
Sports Law ◽  
Public And Private ◽  
Private Partnership ◽  
Legal Method ◽  
Private And Public

The research objective was to find the optimal ratio of private and public principles in the regulation of physical culture and sports relations. The authors used the method of induction to analyze the general approaches to the essence of private and public principles in the modern theory of law. At the present stage, their optimal balance is necessary. The systemic-structural method made it possible to present private and public aspects through their specific manifestations, i.e. institutions of responsibility, control, and partnership. The methods of critical analysis were used to question some of the official positions regarding the institution of public and private partnership and the strengthening of criminal liability. The comparative legal method demonstrated the similarities between the ongoing processes in the sports law abroad and in Russia. The public principles in the regulation of sports relations need to be expanded by expanding the scope of social functions of the state. Some specific cases provided a positive assessment of the increase in the private law mechanisms in terms of the relative autonomy of various sports and the development of the institution of public and private partnership. An appropriate legislative framework would guarantee the rights and legitimate interests of private investors and help the state to achieve socially significant goals. The research results can expand the scientific understanding of sports law and serve as material for lawmaking. Thus, the balance of private and public principles in the regulation of physical culture and sports relations is in the shift of the role of the state from control towards the expansion of obligations to implement its social function. However, the expanding scope of private methods, which is natural for this stage, requires restrictions.

Quick Fixes in Corrections: Reconsidering Private and Public For-Profit Facilities

1995 ◽  
Vol 75 (4) ◽  
pp. 457-478 ◽  
Author(s):  
DAVID SHICHOR ◽  
DALE K. SECHREST
Keyword(s):  
The State ◽  
Correctional Facilities ◽  
California Department ◽  
Public And Private ◽  
For Profit ◽  
The Future ◽  
Private And Public ◽  
Department Of Corrections ◽  
California Department Of Corrections

This article focuses on some of the theoretical and practical issues involved with public proprietary correctional facilities as compared to private proprietary facilities as they are operated in California. Questions are raised about whose interests are served by public proprietary facilities and what some of the problems are. The California experience with contracting for public proprietary facilities is analyzed based on an audit done by the State Controller's Office that showed expenditures viewed as outside contract agreements. Six public proprietary facilities are in court with the California Department of Corrections to retain these funds. It appears that the process for contracting with public proprietary facilities in California was flawed. The fact that the experiment with public proprietary facilities in California had some problems may contain some lessons for the future operation of both public and private proprietary operations.

Public Space/Private Discourse

2016 ◽  
Author(s):  
Lee Skinner
Keyword(s):  
Public Space ◽  
Public Institutions ◽  
Human Beings ◽  
Public And Private ◽  
Interior Spaces ◽  
Alberto Blest Gana ◽  
Clorinda Matto De Turner ◽  
Private And Public ◽  
Martin Rivas ◽  
Explore Test

The chapter argues that the notions of public and private, while mapped onto exterior and interior spaces respectively—the street and public institutions vs. the home—are uncontainable within supposedly set parameters. The permeability of the barriers between exterior and interior means that private and public become enmeshed as both positive and negative, sometimes simultaneously. Using Habermas’s concept of private and public spaces, the chapter analyzes the countryside, small villages, and cities represented in, respectively, María by Jorge Isaacs, Aves sin nido by Clorinda Matto de Turner, Martín Rivas by Alberto Blest Gana, and La mestiza by Eligio Ancona and discusses how these authors explore, test, and question the ways in which social norms are mapped onto physical and psychic spaces. As these representations enforce or subvert particular behavioral codes, they also draw attention to the constructed nature of the ways in which human beings possess and use the spaces around them. These novels perpetuate the separation of public and private spaces and the fixed gender roles assigned to each space to encourage the incipient bourgeoisie and its accompanying middle-class ideals. The insistent linkage of gender identity and space results in restrictions on women’s mobility, literal and metaphorical.

scholarly journals SUPPLY AND DEMAND FACTORS OF THE STATE AND BUSINESS ON PUBLIC AND PRIVATE PARTNERSHIP

2021 ◽  
pp. 126-132
Author(s):  
T. V. Tischenko
Keyword(s):  
Public Procurement ◽  
Supply And Demand ◽  
The State ◽  
Public And Private ◽  
Private Partnership ◽  
Factors Affecting ◽  
Private And Public ◽  
The Subject ◽  
The Russian Federation ◽  
Near Future

The subject of the study is public–private partnership (hereinafter – PPP) mechanisms in the modern economy of the Russian Federation. The article considers economic factors affecting the demand for PPP mechanisms in Russia from the state and business. The paper carries out a comparative assessment of the supply and demand of PPP and alternative mechanisms of interaction between the state and business. The study reveals that PPP does not have significant advantages in comparison with traditional public procurement or leasing. According to the results of the study, the author makes a forecast that in the near future we should expect a significant reduction in the volume of private and public co-financing of projects implemented on the basis of PPP. Assumption by state additional obligations to finance projects in the absence of budget restrictions can increase the demand for PPP on the part of business.

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