scholarly journals Torture, Impunity, and the Need for Independent Prosecutorial Oversight of the Executive Branch

2017 ◽  
Author(s):  
Fran Quigley
Keyword(s):  
Conflict Of Interest ◽  
Conflicts Of Interest ◽  
Current System ◽  
Attorney General ◽  
Bush Administration ◽  
Executive Branch ◽  
Popular Resistance ◽  
Independent Counsel ◽  
Policy Agendas ◽  
High Level

Fran Quigley, Torture, Impunity, and the Need for Independent Prosecutorial Oversight of the Executive Branch, 20 Cornell J. L. & Pub. Pol'y 271 (2010)Allegations of Executive Branch misconduct present an inherent conflict of interest because prosecutorial discretion is invested in a U.S. Attorney General appointed by – and serving at the pleasure of – the President. Various commentators, including Justice Antonin Scalia, Professor Stephen Carter, and the many critics of the former independent counsel statute have posited that checks on executive power provided by the Legislative Branch, the Judiciary, and political pressure will overcome any potential conflicts of interest. This sanguine view of adequate Executive Branch oversight was put to the test when high-level members of the George W. Bush Administration authorized acts of torture. After widespread public disapproval, Congress and the courts responded with efforts to rein in the Administration’s actions. However, the Department of Justice under the Bush Administration not only refused to investigate and prosecute allegations of sanctioning torture, but its attorneys also led the efforts to overcome congressional, judicial, and popular resistance to the Executive Branch conduct – and did so while explicitly acknowledging that the Executive Branch could expect little or no judicial oversight for its actions. Ultimately, the President who sanctioned torture left office, and the voters elected a President who expressed sharply different views on torture. However, the subsequent Administration of President Barack Obama, although affiliated with a different party and on record as opposed to acts of torture sponsored by the previous Administration, has also declined to pursue prosecution of high-level members of the Bush Administration. This most recent development shows that the conflict of interest presented by presidential control over Executive Branch prosecution transcends predictable concerns of self-preservation. The conflict of interest also highlights the natural desire of a sitting President to avoid prosecutions of previous executive officials when such prosecutions would consume political capital needed for the President’s broader legislative and foreign policy agendas. When it comes to controlling Executive Branch criminal conduct, the current structure designed to provide checks and balances comes up empty and thus must be reformed. The most direct and effective reform would be the direct election of the U.S. Attorney General. Even less precise remedies, such as a revived and improved independent counsel or Congress enacting provisions to break up the current monopoly over Executive Branch prosecution, would be significant improvements over the current system, which mocks the principle of equal justice for all.

scholarly journals A cross-sectional study of all clinicians’ conflict of interest disclosures to NHS hospital employers in England 2015-2016

BMJ Open ◽  
2018 ◽  
Vol 8 (3) ◽  
pp. e019952 ◽  
Author(s):  
Harriet Ruth Feldman ◽  
Nicholas J DeVito ◽  
Jonathan Mendel ◽  
David E Carroll ◽  
Ben Goldacre
Keyword(s):  
Conflict Of Interest ◽  
Conflicts Of Interest ◽  
Current System ◽  
Tertiary Care ◽  
Cross Sectional Study ◽  
Freedom Of Information ◽  
Sectional Study ◽  
Cross Sectional ◽  
The Gift ◽  
The Uk

ObjectiveWe set out to document how NHS trusts in the UK record and share disclosures of conflict of interest by their employees.DesignCross-sectional study of responses to a Freedom of Information Act request for Gifts and Hospitality Registers.SettingNHS Trusts (secondary/tertiary care organisations) in England.Participants236 Trusts were contacted, of which 217 responded.Main outcome measuresWe assessed all disclosures for completeness and openness, scoring them for achieving each of five measures of transparency.Results185 Trusts (78%) provided a register. 71 Trusts did not respond within the 28 day time limit required by the FoIA. Most COI registers were incomplete by design, and did not contain the information necessary to assess conflicts of interest. 126/185 (68%) did not record the names of recipients. 47/185 (25%) did not record the cash value of the gift or hospitality. Only 31/185 registers (16%) contained the names of recipients, the names of donors, and the cash amounts received. 18/185 (10%) contained none of: recipient name, donor name, and cash amount. Only 15 Trusts had their disclosure register publicly available online (6%). We generated a transparency index assessing whether each Trust met the following criteria: responded on time; provided a register; had a register with fields identifying donor, recipient, and cash amount; provided a register in a format that allowed further analysis; and had their register publicly available online. Mean attainment was 1.9/5; no NHS trust met all five criteria.ConclusionOverall, recording of employees’ conflicts of interest by NHS trusts is poor. None of the NHS Trusts in England met all transparency criteria. 19 did not respond to our FoIA requests, 51 did not provide a Gifts and Hospitality Register and only 31 of the registers provided contained enough information to assess employees’ conflicts of interest. Despite obligations on healthcare professionals to disclose conflicts of interest, and on organisations to record these, the current system for logging and tracking such disclosures is not functioning adequately. We propose a simple national template for reporting conflicts of interest, modelled on the US ‘Sunshine Act’.

scholarly journals Prosecuting Executive Branch Wrongdoing

2021 ◽  
pp. 401
Author(s):  
Julian Cook, III
Keyword(s):  
Presidential Election ◽  
Attorney General ◽  
Public Trust ◽  
Executive Branch ◽  
Department Of Justice ◽  
Criminal Investigations ◽  
Independent Counsel

Attorney General William Barr’s handling of Robert Mueller’s Report on the Investigation into Russian Interference in the 2016 Presidential Election was undeniably controversial and raised meaningful questions regarding the impartiality of the Department of Justice. Yet, Barr’s conduct, which occurred at the conclusion of the Mueller investigation, was merely the caboose at the end of a series of controversies that were coupled together from the outset of the investigation. Ensnarled in dissonance from its inception, the Mueller investigation was dogged by controversies that ultimately compromised its legitimacy. Public trust of criminal investigations of executive branch wrongdoing requires prosecutorial independence. To further this critical objective, an investigative and prosecutorial structure must be implemented that grants a prosecutor sufficient latitude to pursue independent investigations while reigning in the exercise of runaway discretion. Indeed, at no time since Watergate has there been such a clear need for reform. This Article will explain why many of the controversies that beset the Mueller investigation can be sourced to the Special Counsel regulations—the rules that governed his appointment, as well as his investigative and prosecutorial authority. And it will explain why many of these ills can be ameliorated by enacting a modified and innovative version of the expired Independent Counsel Statute.

General Particulars Regarding the Conflict of Interest

2020 ◽  
Vol 26 (2) ◽  
pp. 145-149
Author(s):  
Aurelia Teodora Drăghici
Keyword(s):  
Local Government ◽  
Conflict Of Interest ◽  
Conflicts Of Interest ◽  
National Level ◽  
The State ◽  
Role Of The State ◽  
Legal Implications ◽  
Determining Factors ◽  
Changing Role

SummaryTheme conflicts of interest is one of the major reasons for concern local government, regional and central administrative and criminal legal implications aiming to uphold the integrity and decisions objectively. Also, most obviously, conflicts of interest occur at the national level where political stakes are usually highest, one of the determining factors of this segment being the changing role of the state itself, which creates opportunities for individual gain through its transformations.

Preventing and Managing Conflict of Interest in Nutrition Policy: Lessons for Alcohol Control Comment on "Towards Preventing and Managing Conflict of Interest in Nutrition Policy? An Analysis of Submissions to a Consultation on a Draft WHO Tool"

2020 ◽  
Author(s):  
Katherine Severi
Keyword(s):  
Conflict Of Interest ◽  
Conflicts Of Interest ◽  
Nutrition Policy ◽  
Alcohol Policy ◽  
World Health ◽  
Alcohol Control ◽  
Policy Debates ◽  
Food And Nutrition ◽  
Industry Engagement ◽  
Health Organization

Ralston et al present an analysis of policy actor responses to a draft World Health Organization (WHO) tool to prevent and manage conflicts of interest (COI) in nutrition policy. While the Ralston et al study is focussed explicitly on food and nutrition, the issues and concepts addressed are relevant also to alcohol policy debates and present an important opportunity for shared learning across unhealthy commodity industries in order to protect and improve population health. This commentary addresses the importance of understanding how alcohol policy actors – especially decision-makers – perceive COI in relation to alcohol industry engagement in policy. A better understanding of such perceptions may help to inform the development of guidelines to identify, manage and protect against risks associated with COI in alcohol policy.

Research Trends in Anticoagulation Therapy over the Last 25 Years

2020 ◽  
Vol 46 (08) ◽  
pp. 919-931
Author(s):  
Mustafa K. Mian ◽  
Subhashaan Sreedharan ◽  
Neeraj S. Limaye ◽  
Chris Hogan ◽  
Jai N. Darvall
Keyword(s):  
Conflicts Of Interest ◽  
Relative Rate ◽  
Vitamin K Antagonists ◽  
Oral Anticoagulants ◽  
Citation Count ◽  
Anticoagulation Therapy ◽  
Journal Title ◽  
Common Source ◽  
Level I ◽  
High Level

AbstractA large volume of literature has become available to practitioners prescribing anticoagulants. The aim of this study was to analyze the bibliometric characteristics of the top 100 most cited articles related to anticoagulation over the past 25 years, with special consideration to impact of direct or “nonvitamin K antagonist” oral anticoagulants (NOACs) compared with vitamin K antagonists. A bibliometric analysis of the 100 most cited journal articles related to anticoagulants published between 1994 and 2019 was performed in April 2019. The top 100 articles by citation count were analyzed to extract bibliometric data related to journal title, impact factor, year of publication, place of publication, anticoagulant studied, indication for anticoagulation, study design, and conflicts of interest. The median (interquartile range) number of citations per article was 806 (621–1,085). The anticoagulant most frequently researched was warfarin (37%). NOAC publications (21%) grew at a relative rate of 3.4 times faster compared with all publications. The indication most commonly researched was venous thromboembolism (26%). Eighty articles constituted level I or II evidence, with randomized controlled trials the most common type of study (74). A financial conflict of interest was declared in 87% of articles with private, for-profit organizations the most common source of funding (26%). In summary, top research related to anticoagulation is highly impactful but may be at risk of sponsorship bias. High-level evidence for NOACs continues to expand across a range of indications with citation metrics likely to soon approach or surpass that of older drugs.

scholarly journals Addressing Conflicts of Interest in Health and Medicine: Current Evidence and Implications for Patient Decision Aid Development

2021 ◽  
pp. 0272989X2110088
Author(s):  
Rachel Thompson ◽  
Zoe Paskins ◽  
Barry G. Main ◽  
Thaddeus Mason Pope ◽  
Evelyn C. Y. Chan ◽  
...  
Keyword(s):  
Conflict Of Interest ◽  
Decision Aid ◽  
Conflicts Of Interest ◽  
Guideline Development ◽  
Care Delivery ◽  
Quality Standards ◽  
Current Evidence ◽  
Unintended Effects ◽  
Patient Decision Aid ◽  
Patient Decision

Background More stringent policies for addressing conflicts of interest have been implemented around the world in recent years. Considering the value of revisiting conflict of interest quality standards set by the International Patient Decision Aid Standards (IPDAS) Collaboration, we sought to review evidence relevant to 2 questions: 1) What are the effects of different strategies for managing conflicts of interest? and 2) What are patients’ perspectives on conflicts of interest? Methods We conducted a narrative review of English-language articles and abstracts from 2010 to 2019 that reported relevant quantitative or qualitative research. Results Of 1743 articles and 118 abstracts identified, 41 articles and 2 abstracts were included. Most evidence on the effects of conflict of interest management strategies pertained only to subsequent compliance with the management strategy. This evidence highlighted substantial noncompliance with prevailing requirements. Evidence on patient perspectives on conflicts of interest offered several insights, including the existence of diverse views on the acceptability of conflicts of interest, the salience of conflict of interest type and monetary value to patients, and the possibility that conflict of interest disclosure could have unintended effects. We identified no published research on the effects of IPDAS Collaboration conflict of interest quality standards on patient decision making or outcomes. Limitations Because we did not conduct a systematic review, we may have missed some evidence relevant to our review questions. In addition, our team did not include patient partners. Conclusions The findings of this review have implications for the management of conflicts of interest not only in patient decision aid development but also in clinical practice guideline development, health and medical research reporting, and health care delivery.

Disparate Entwicklung der Wohnungsmärkte fordert die Politik

2014 ◽  
Vol 63 (1) ◽  
Author(s):  
Oliver Arentz
Keyword(s):  
Housing Policy ◽  
Low Income ◽  
Conflicts Of Interest ◽  
Housing Allowance ◽  
Main Task ◽  
Trading System ◽  
The Public ◽  
Site Development ◽  
High Level

AbstractThe regional differences in the housing markets are enormous and will continue to exacerbate in the future. The main task for the housing policy is to take appropriate long term measures depending on the market structure. A central aspect of future housing policy is the site development. Potential conflicts of interest with other social objectives must be detected and resolved. Creating a trading system for development rights appears to be promising. In order to secure housing for low income households, the housing allowance (Wohngeld) must be promptly adjusted to the market conditions. The public housing sector should be seen as an instrument for the stabilization of neighborhoods. Appropriate market rents secure a housing supply at a high level.

scholarly journals Analysis of motivation for acting subjects in diagnostics of occupational diseases

2020 ◽  
Vol 99 (11) ◽  
pp. 1217-1221
Author(s):  
Alexey D. Trubetskov
Keyword(s):  
Occupational Health ◽  
Conflict Of Interest ◽  
Occupational Diseases ◽  
Detection Rate ◽  
Conflicts Of Interest ◽  
Structured Interviews ◽  
Financial Interest ◽  
Medical Institutions ◽  
Professional Longevity ◽  
Detection And Diagnosis

Introduction. There is a shallow detection rate of occupational diseases in Russia. A large number of acting subjects are usually involved in the diagnosis of diseases. There is considered the current cooperation between the acting subjects responsible for diagnostics of occupational diseases in various modes. Material and methods. A search was conducted for data that described the main trends concerning conflict of interest in occupational health. Questionnaires and semi-structured interviews were conducted on issues related to the diagnosis of occupational diseases of specialists working in various branches of this field of medicine Results. The author performed the analysis of existing conflicts of interest in acting subjects in the detection and diagnosis of occupational diseases and established the most significant acting subjects. Among them the most pronounced conflicts of interest were shown to be determined by employers (as institutions, and specific managers and doctors performing examinations of workers in harmful conditions, and the managing stuff of these medical institutions, as well as by the employees themselves, who are subject to these examinations. When analyzing the motivation of acting subjects, the primary and financial interest was shown to have less significance than the secondary one. Mutual connectivity in the implementation of secondary interests adjudicates a persistent configuration, which determines both the low detection rate of occupational diseases, including at early stages, and lack of opportunities for prolonging professional longevity. The existence of a conflict of interest is not evil in itself. Still, its resolution is always associated with obtaining benefits, including the entire country’s level (saving the lives of the working population). Conclusion. To increase staff lifespan and work longevity through the analysis of all acting subjects, it is necessary to improve managing decisions to achieve the predominant primary interests. The study of the conflicts of interest can be an effective method of understanding and improving the health system in occupational health to preserve public health and increase the working population’s longevity.

scholarly journals The Unitary, or Unilateral Executive? Presidential Power in the Bush Administration

2008 ◽  
Vol 29 ◽  
pp. 181-196 ◽  
Author(s):  
Christopher Kelley
Keyword(s):  
Reagan Administration ◽  
External Environment ◽  
Bush Administration ◽  
Executive Branch ◽  
Constitutional Theory ◽  
Presidential Power ◽  
Signing Statement

The Bush administration came to office in 2001 determined to return powers to the president lost largely as a result of Watergate. Key to returning those powers is the unitary executive theory of presidential power—a constitutional theory of power developed by conservatives in the Reagan administration meant to offer the president offensive and defensive opportunities when working with an external environment that is polarized and hostile towards the executive branch. While the theory has been a part of each administration from Reagan through Bush II, it is the Bush II administration that has received the majority of the attention for its aggressive defense of a number of controversial actions by relying on the theory. Among those actions has been the use (or abuse) of the presidential bill signing statement. It is my purpose to argue that the administration has not behaved as a Unitarian but as something else entirely, leaving the powers of the office perhaps in worse shape than they found it.

scholarly journals Problematyka konfliktu interesów w funkcjonowaniu rynku kapitałowego

Ekonomia ◽  
2018 ◽  
Vol 24 (2) ◽  
pp. 73-91
Author(s):  
Agnieszka Parkitna ◽  
Arkadiusz Górski
Keyword(s):  
Capital Market ◽  
Conflict Of Interest ◽  
Conflicts Of Interest ◽  
Good Practice ◽  
Causal Link ◽  
Secondary Market ◽  
Market Practices ◽  
Business Entities ◽  
The One ◽  
The Capital Market

Problems of conflicts of interest in the functioning of the capital marketThe study refers to the occurrence of conflicts of interest on the capital market, which negatively affects the functioning of the capital market, limits its development potential, and may even affect the outflow of investors, particularly those providing liquidity in the market. Today, the social responsibility of business entities becomes something important. It is a specific determinant of the company’s image and the basis of its operation. Word = Institution “brokerage house” should be associated with competence, honesty, or righteousness resulting from observance of the law and ethics principles of conducted business. The existence of a set of regulations the Code of Good Practice for Brokerage Houses, the Act on Counteracting Unfair Market Practices relating to the functioning of brokerage houses, there are situations in business practice that are not used to develop a capital market, based on a conflict of interest. Brokerage firms are obliged, on the one hand, to: sell shares and, on the other hand, recommend buying them. “Manipulation on the market” would mean entering into transactions that give false, misleading signals about supply, demand, and prices of equity instruments. To avoid conflicts of interest, there are special procedures in brokerage offices that prevent co-operation between competing departments: chinese walls.Each office additionally has rules governing the flow and control of confidential information. Such information may not be available, for example, between primary and secondary market forces, between sales departments and analysis departments.The indicated issues were brought together, focusing on the possible consequences of conflicts of interest. It emphasizes the difficulty of bringing justice through the necessity of showing the causal link between the conflict of interest and the possible loss of the investor. Then solutions were identified to protect against the negative aspects of the conflict of interest, and the proposals were presented in their conclusions.

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