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result(s) for
"Consent decrees"
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Federal intervention of police under section 14141 – a state-of-the-art literature review
2021
PurposeThe purpose of this state-of-the-art review is to explore the empirical literature on federal intervention of police under 42 USC Section 14141.Design/methodology/approachA five-stage scoping review of the empirical literature related to 14141 was conducted through searches of scholarly databases and gray literature.FindingsThis scoping review revealed 21 empirical studies of 14141 published between 2002 and 2020 in criminal justice, criminology, legal and gray literature. Researchers employed various methodologies and designs to study 14141 reflecting the complexity of evaluating a multistage and multi-outcome federal intervention of police. The success of 14141 to reform police agencies is mixed. The empirical evidence suggests that application of this law is fraught with trade-offs and uncertainties including de-policing, increased crime and organizational difficulties in sustaining reform. Overall, more research would assist in understanding the efficacy of this federal mechanism of police accountability and reform.Originality/valueThis review is the first synthesis of the empirical literature on 14141. In consideration of the current national police crisis, findings help illuminate both what is known about federal intervention and areas for future research.
Journal Article
Emerging Patterns in Federal Responses to Police Misconduct: A Review of \Pattern or Practice\ Agreements over Time
2019
Since 1994, the Department of Justice (DOJ) has investigated and brought suit against law enforcement agencies engaging in a \"pattern or practice\" of police misconduct prohibited in 42 U.S.C. 14141. Most federal interventions end in settlement agreements that require agencies to redress constitutional violations. Despite Section 14141's promise for increasing police accountability and improving the administration of justice, less is understood about what types of reforms appear in agreements and how federal interventions have responded to policing issues over time. This study analyzes the scope and character of pattem or practice agreements in two ways. A content analysis of 40 agreements first provides a typology of preferred reforms, ranging from improving community relations and providing more training to reducing bias. The analysis then shows growth in the number of agreements and reform measures from the Clinton administration to the Obama administration. More recent agreements emphasize engaging communities in reform efforts, enhancing civilian review and complaint systems, and regulating the use of specific forms of force. These results illuminate the changing nature of federal responses to police misconduct due to policy learning and partisan shifts.
Journal Article
The European Genome-phenome Archive of human data consented for biomedical research
by
Alberich, Mario
,
Lappalainen, Ilkka
,
Kandasamy, Jag
in
631/114/2164
,
631/208/212
,
631/208/514
2015
Paul Flicek and colleagues provide an update on the European Genome-phenome Archive (EGA), a service of the European Bioinformatics Institute (EMBL-EBI) and the Center for Genome Regulation (CRG). The authors describe the EGA policies and infrastructure, how access decisions are made, methods for data submission and future plans for expansion of this database.
The European Genome-phenome Archive (EGA) is a permanent archive that promotes the distribution and sharing of genetic and phenotypic data consented for specific approved uses but not fully open, public distribution. The EGA follows strict protocols for information management, data storage, security and dissemination. Authorized access to the data is managed in partnership with the data-providing organizations. The EGA includes major reference data collections for human genetics research.
Journal Article
A Smart Contract-Based Dynamic Consent Management System for Personal Data Usage under GDPR
2021
A massive amount of sensitive personal data is being collected and used by scientists, businesses, and governments. This has led to unprecedented threats to privacy rights and the security of personal data. There are few solutions that empower individuals to provide systematic consent agreements on distinct personal information and control who can collect, access, and use their data for specific purposes and periods. Individuals should be able to delegate consent rights, access consent-related information, and withdraw their given consent at any time. We propose a smart-contract-based dynamic consent management system, backed by blockchain technology, targeting personal data usage under the general data protection regulation. Our user-centric dynamic consent management system allows users to control their personal data collection and consent to its usage throughout the data lifecycle. Transaction history and logs are recorded in a blockchain that provides trusted tamper-proof data provenance, accountability, and traceability. A prototype of our system was designed and implemented to demonstrate its feasibility. The acceptability and reliability of the system were assessed by experimental testing and validation processes. We also analyzed the security and privacy of the system and evaluated its performance.
Journal Article
The Efficacy of the Four-Part Test Network to Monitor Water Quality in the Loxahatchee National Wildlife Refuge
by
Entry, James A.
in
Atmospheric Protection/Air Quality Control/Air Pollution
,
Canals
,
Climate Change/Climate Change Impacts
2012
The Loxahatchee National Wildlife Refuge (Refuge) is impacted by inflows containing elevated contaminant concentrations originating from agricultural and urban areas. Water quality was analyzed using the Enhanced Refuge (ERN), the four-part test (FPTN), and the Consent Decree (CDN) monitoring networks within four zones in the Refuge. The zones were defined as the canal surrounding the marsh, the perimeter, the transition, and the interior zones. Although regression coefficients for ALK and SpC, and Ca, Cl, and SO
4
concentrations with distance from the canal were lower using the FPTN than when using the ERN, using the FPTN to measure water quality parameters in the Refuge would give similar results as the ERN. Most of the ERN and FPTN sites are located in the northern and central areas of the Refuge. Water is deeper in the southern Refuge, and on an area basis contains a greater volume of water than the northern and central Refuge and therefore, water flow from the canal into the marsh in the northern and southern Refuge may differ. Numerous water quality monitoring sites must be added to the ERN and FPTN in the southern area to characterize water quality in the southern Refuge with confidence.
Journal Article
From Exxon to BP: Has Some Number Become Better than No Number?
by
Zhao, Jinhua
,
Kling, Catherine L.
,
Phaneuf, Daniel J.
in
Alaska
,
Compensation
,
Consent decrees
2012
On March 23, 1989, the Exxon Valdez ran aground in Alaska's Prince William Sound and released over 250,000 barrels of crude oil, resulting in 1300 miles of oiled shoreline. The Exxon spill ignited a debate about the appropriate compensation for damages suffered, and among economists, a debate concerning the adequacy of methods to value public goods, particularly when the good in question has limited direct use, such as the pristine natural environment of the spill region. The efficacy of stated preference methods generally, and contingent valuation in particular, is no mere academic debate. Billions of dollars are at stake. An influential symposium appearing in this journal in 1994 provided arguments for and against the credibility of these methods, and an extensive research program published in academic journals has continued to this day. This paper assesses what occurred in this academic literature between the Exxon spill and the BP disaster. We will rely on theoretical developments, neoclassical and behavioral paradigms, empirical and experimental evidence, and a clearer elucidation of validity criteria to provide a framework for readers to ponder the question of the validity of contingent valuation and, more generally, stated preference methods.
Journal Article
Water quality characterization in the Northern Florida everglades based on three different monitoring networks
2013
The Loxahatchee National Wildlife Refuge (Refuge) is affected by inflows containing elevated contaminant concentrations originating from agricultural and urban areas. Water quality was determined using three networks: the Northern Refuge (NRN), the Southern Refuge (SRN), and the Consent Decree (CDN) monitoring networks. Within these networks, the Refuge was divided into four zones: (1) the canal zone surrounding the marsh, (2) the perimeter zone (0 to 2.5 km into the marsh), (3) the transition zone (2.5 to 4.5 km into the marsh), and (4) the interior zone (>4.5 km into the marsh). In the NRN, alkalinity (ALK) and conductivity (SpC) and dissolved organic carbon, total organic carbon, total dissolved solids (TDS), Ca, Cl, Si, and SO
4
concentrations were greater in the perimeter zone than in the transition or interior zone. ALK, SpC, and SO
4
concentrations were greater in the transition than in the interior zone. ALK, SpC, and TDS values, Ca, SO
4
, and Cl had negative curvilinear relationships with distance from the canal toward the Refuge interior (
r
2
= 0.78, 0.67, 0.61, 0.77, 0.62, and 0.57, respectively). ALK, TB and SpC, and Ca and SO
4
concentrations decreased in the canal and perimeter zones from 2005 to 2009. Important water quality assessments using the SRN and CDN cannot be made due to the sparseness and location of sampling sites in these networks. The number and placement monitoring sites in the Refuge requires optimization based on flow pattern, distance from contaminant source, and water volume to determine the effect of canal water intrusion on water quality.
Journal Article
PRIVACY FOR SALE: HOW THE FTC CAN TAKE PRECISE LOCATION DATA OFF THE MARKET
2024
The Federal Trade Commission's (\"FTC's\") ability to protect consumers amidst the growing number of privacy invasions is at a crossroads. As consumer data is increasingly collected and commercialized, the question becomes whether the FTC's Section 5 enforcement authority is up to the challenge. A recent FTC complaint shed light on how the familiar issue of properly def ning privacy harms impedes agency and lawmakers ' abilities to protect consumers from privacy violations. And yet, the growing threat against personal autonomy and medical privacy has made the need for such protections more evident than ever. This Note will conceptualize the privacy harms caused by the sale of location data and argue that those harms are well within the FTC's Section 5 unfairness enforcement authority. It will conceptualize and defne the privacy harms caused by the sale of location data by presenting examples of recent events in which data sales resulted in real-world harm. These harms will then be connected to precedent in various legal doctrines and FTC enforcement actions to argue that recognition of these less traditional harms is not really novel at all. All of which bolsters the claim that it is within the FTC's authority to enforce against these less traditional, but no less important, privacy harms. Arguably most importantly of all, this Note will suggest that an expanded def nition of harm for FTC enforcement will not only protect consumers from sale of their location data, but will also protect against a much broader spectrum of privacy violations.
Journal Article
Governance quality indicators for organ procurement policies
by
Rodríguez-Arias, David
,
Delgado, Janet
,
Hannikainen, Ivar R.
in
Biology and Life Sciences
,
Consent decrees
,
Donation of organs, tissues, etc
2021
Consent policies for post-mortem organ procurement (OP) vary throughout Europe, and yet no studies have empirically evaluated the ethical implications of contrasting consent models. To fill this gap, we introduce a novel indicator of governance quality based on the ideal of informed support, and examine national differences on this measure through a quantitative survey of OP policy informedness and preferences in seven European countries. Between 2017-2019, we conducted a convenience sample survey of students (n = 2006) in Austria (AT), Belgium (BE), Denmark (DK), Germany (DE), Greece (GR), Slovenia (SI) and Spain (ES), asking participants about their donation preferences, as well as their beliefs and views about the policy in place. From these measures, we computed indices of informedness, policy support, and fulfilment of unexpressed preferences, which we compared across countries and consent systems. Our study introduces a tool for analyzing policy governance in the context of OP. Wide variation in policy awareness was observed: Most respondents in DK, DE, AT and BE correctly identified the policy in place, while those in SI, GR and ES did not. Respondents in opt-out countries (AT, BE, ES and GR) tended to support the policy in place (with one exception, i.e., SI), whereas those in opt-in countries (DE and DK) overwhelmingly opposed it. These results reveal stark differences in governance quality across countries and consent policies: We found a preponderance of informed opposition in opt-in countries and a general tendency towards support-either informed or uninformed-in opt-out countries. We also found informed divergence in opt-in countries and a tendency for convergence-either informed or uninformed-among opt-out countries. Our study offers a novel tool for analyzing governance quality and illustrates, in the context of OP, how the strengths and weaknesses of different policy implementations can be estimated and compared using quantitative survey data.
Journal Article