Beyond Exchanging First Principles? Some Closing Comments

Transparency: The Key to Better Governance? ◽

10.5871/bacad/9780197263839.003.0013 ◽

2006 ◽

Cited By ~ 15

Author(s):

Christopher Hood

Keyword(s):

First Principles ◽

Due Process ◽

Freedom Of Information ◽

Democratic Government

This concluding chapter explores four issues. First, what have we learned about transparency and how has it changed? Second, what seems to affect transparency – what accounts for growth or decline in the phenomenon? Third, what does transparency itself affect – what does it do to organizations or to society more generally? Last, what normative view should we take of transparency? Transparency differs from other closely related concepts, particularly openness and freedom of information. What might have been discussed or labelled as accountability, openness, or due process a generation ago may now be talked of as ‘transparency’, but that relabelling might have no deeper significance except to students of the rise and fall of fashionable words and phrases. If the optimistic view of the effects of transparency provisions is that government ministers and bureaucracies adopt a culture of openness, citizens end up knowing more, and trust in democratic government goes up, the data available for assessing such a view are patchy and hard to interpret.

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Preventing Sexual Violence on College Campuses: An Investigation of Current Practices of Conducting Background Checks on Student-Athletes

Journal of Legal Aspects of Sport ◽

10.18060/22575 ◽

2020 ◽

Vol 30 (1) ◽

pp. 41-62

Author(s):

Alicia Cintron ◽

Jeffrey Levine ◽

Kristy McCray

Keyword(s):

Sexual Violence ◽

Student Athletes ◽

Due Process ◽

Management Strategies ◽

College Campuses ◽

Freedom Of Information ◽

University Administrators ◽

Background Checks ◽

Risk Management Strategies ◽

Current Practices

Instances of sexual violence against women on college campuses is a major concern for university administrators. One approach to reducing instances of sexual violence on college campuses has been conducting background checks with more focused attention on student-athletes, though this approach is not without risk. Therefore, the purpose of this study was to investigate current practices of conducting background checks on student-athletes, and to present risk management strategies to reducing sexual violence on campus. Through a systematic data collection approach that included Freedom of Information Act (FOIA) requests of NCAA Division I public institutions, we found the implementation of background checks for student-athletes is a widely accepted practice, where policies were mandated by the athletic conference, state administrative law, or within the university. Recommendations for addressing sexual violence on campus include comprehensive sexual violence prevention education for students and student-athletes, including bystander intervention training. Additionally, if schools opt to utilize background checks, policies and procedures must be created to ensure due process, consistency for admissions, and staff training.

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The Shortcomings of Transparency for Democracy

American Behavioral Scientist ◽

10.1177/0002764220945347 ◽

2020 ◽

Vol 64 (11) ◽

pp. 1670-1678

Author(s):

Michael Schudson

Keyword(s):

National Security ◽

Public Information ◽

Freedom Of Information ◽

Government Information ◽

Personal Privacy ◽

Freedom Of Information Act ◽

Government Officials ◽

Information Transparency ◽

Democratic Government ◽

The U.S

“Transparency” has become a widely recognized, even taken for granted, value in contemporary democracies, but this has been true only since the 1970s. For all of the obvious virtues of transparency for democracy, they have not always been recognized or they have been recognized, as in the U.S. Freedom of Information Act of 1966, with significant qualifications. This essay catalogs important shortcomings of transparency for democracy, as when it clashes with national security, personal privacy, and the importance of maintaining the capacity of government officials to talk frankly with one another without fear that half-formulated ideas, thoughts, and proposals will become public. And when government information becomes public, that does not make it equally available to all—publicity is not in itself democratic, as public information (as in open legislative committee hearings) is more readily accessed by empowered groups with lobbyists able to attend and monitor the provision of the information. Transparency is an element in democratic government, but it is by no means a perfect emblem of democracy.

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Kennedy and the Democratic political considerations of compromise

Presidential Privilege and the Freedom of Information Act ◽

10.3366/edinburgh/9781474442442.003.0004 ◽

2019 ◽

pp. 85-108

Author(s):

Kevin M. Baron

Keyword(s):

Freedom Of Information ◽

Partisan Politics ◽

White House ◽

Democratic Government ◽

New Challenges ◽

1960 Election

The politics surrounding freedom of information changed with the 1960 election of President Kennedy. Partisan power shifted to unified Democratic government, and the power tensions between the White House and Congress over executive privilege faced new challenges. Congressional Democrats were loath to attack their new president in the same manner that Moss went after Eisenhower, so leadership directed the Moss Subcommittee to back off. While partisan politics dictated that congressional Democrats go easy on Kennedy, congressional Republicans increased attacks on the administration over issues of executive privilege and freedom of information, following the same playbook Moss had used on Eisenhower. Within the CLDC, Moss learned to take another approach to handling the politics of unified Democratic government and in dealing with Kennedy, who was acting on the precedent set by Eisenhower to continue similar policies in denying information. The result would be a deal worked out between Kennedy and Moss to ensure that, going forward, executive privilege would only be invoked with the full authority of the president and by no one else.

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Due Process: No-Win System

ASHA Leader ◽

10.1044/leader.scm1.09172004.18 ◽

2004 ◽

Vol 9 (17) ◽

pp. 18-20

Author(s):

Susan Boswell

Keyword(s):

Due Process

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Dysphagia Services in Schools: Applying Special Education Requirements to a Health Service

Perspectives on Swallowing and Swallowing Disorders (Dysphagia) ◽

10.1044/sasd18.3.86 ◽

2009 ◽

Vol 18 (3) ◽

pp. 86-90 ◽

Cited By ~ 1

Author(s):

Lissa Power-deFur

Keyword(s):

Special Education ◽

Health Service ◽

Due Process ◽

Due Process Hearings ◽

Related Services ◽

Eligibility Determination ◽

Legal Provisions ◽

Provision Of Services ◽

Related Service ◽

Specially Designed Instruction

Abstract School speech-language pathologists and districts frequently need guidance regarding how the legal provisions of special education affect the needs of children with dysphagia. This article reviews key principles of special education that guide eligibility determination and provision of services to all children. In the eligibility process, the school team would determine if the child's disability has an adverse effect on his/her education program and if the child needed special education (specially designed instruction) and related services. Dysphagia services would be considered a related service, a health service needed for the child to benefit from specially designed instruction. The article concludes with recommendations for practice that stem from a review of due process hearings and court cases for children with disabilities that include swallowing.

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