Margaret P. Battin, Leslie P. Francis, Jay A. Jacobson, and Charles B. Smith
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195335842
- eISBN:
- 9780199868926
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195335842.003.0015
- Subject:
- Philosophy, General
This chapter explores a thought-experiment imagining universal surveillance for all known communicable infectious disease, using rapid tests involving polymerase chain reactions and other methods ...
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This chapter explores a thought-experiment imagining universal surveillance for all known communicable infectious disease, using rapid tests involving polymerase chain reactions and other methods that require twenty minutes or less for results, at airports. Imagine: as you check in at the departures desk, you supply a cheek swab or other sample that is automatically assayed by the time you reach the gate: if you're negative you can board the plane, if positive you're referred to the airport clinic or local hospital for immediate treatment. This thought experiment raises substantial issues of privacy, confidentiality, and other constraints; yet—especially if expanded to other places of public contact—appears to promise a real reduction in the transmission of infectious disease.Less
This chapter explores a thought-experiment imagining universal surveillance for all known communicable infectious disease, using rapid tests involving polymerase chain reactions and other methods that require twenty minutes or less for results, at airports. Imagine: as you check in at the departures desk, you supply a cheek swab or other sample that is automatically assayed by the time you reach the gate: if you're negative you can board the plane, if positive you're referred to the airport clinic or local hospital for immediate treatment. This thought experiment raises substantial issues of privacy, confidentiality, and other constraints; yet—especially if expanded to other places of public contact—appears to promise a real reduction in the transmission of infectious disease.
Mary Briody Mahowald
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780195176179
- eISBN:
- 9780199786558
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195176170.003.0008
- Subject:
- Philosophy, Feminist Philosophy
Cases illustrating variables relevant to decisions involving teenage pregnancy and motherhood, confidentiality, female genital surgery, and eating disorders are presented. For each topic, empirical ...
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Cases illustrating variables relevant to decisions involving teenage pregnancy and motherhood, confidentiality, female genital surgery, and eating disorders are presented. For each topic, empirical and theoretical factors relevant to the cases are discussed from an egalitarian perspective that addresses the nondominance of minors as well as their capacity for moral agency. A conception of parentalism as an antidote to paternalism and maternalism is proposed.Less
Cases illustrating variables relevant to decisions involving teenage pregnancy and motherhood, confidentiality, female genital surgery, and eating disorders are presented. For each topic, empirical and theoretical factors relevant to the cases are discussed from an egalitarian perspective that addresses the nondominance of minors as well as their capacity for moral agency. A conception of parentalism as an antidote to paternalism and maternalism is proposed.
Bryn Caless
- Published in print:
- 2011
- Published Online:
- May 2012
- ISBN:
- 9781447300168
- eISBN:
- 9781447305507
- Item type:
- book
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781447300168.001.0001
- Subject:
- Social Work, Crime and Justice
The world of the chief police officer is not clearly understood, even by those within policing, or by those who have formal and political oversight of police command. The police themselves argue that ...
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The world of the chief police officer is not clearly understood, even by those within policing, or by those who have formal and political oversight of police command. The police themselves argue that the only way to understand strategic command in the police is to do it, but that cannot be sustained as an argument for ignorance. The author of this book, with a background in governance and policing, had privileged access to this shadowy elite, and on the basis of confidential one-to-one interviews, obtained the frank and sometimes controversial, invariably robust views of serving chief police officers. The book, often using the chief officers' own words but also providing critical analysis of a high order, examines how chief police officers are selected, groomed, assessed and appointed. The book explores their views on those who hold them to account, what they think of the challenges of ‘post-modern’ policing, of each other and of the system they command. It takes them into uncomfortable areas such as work-life balance and whether they are privately uneasy about what they do, what they want policing to be and how future generations will be policed.Less
The world of the chief police officer is not clearly understood, even by those within policing, or by those who have formal and political oversight of police command. The police themselves argue that the only way to understand strategic command in the police is to do it, but that cannot be sustained as an argument for ignorance. The author of this book, with a background in governance and policing, had privileged access to this shadowy elite, and on the basis of confidential one-to-one interviews, obtained the frank and sometimes controversial, invariably robust views of serving chief police officers. The book, often using the chief officers' own words but also providing critical analysis of a high order, examines how chief police officers are selected, groomed, assessed and appointed. The book explores their views on those who hold them to account, what they think of the challenges of ‘post-modern’ policing, of each other and of the system they command. It takes them into uncomfortable areas such as work-life balance and whether they are privately uneasy about what they do, what they want policing to be and how future generations will be policed.
Joshua Rozenberg
- Published in print:
- 2005
- Published Online:
- March 2012
- ISBN:
- 9780199288472
- eISBN:
- 9780191700507
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199288472.001.0001
- Subject:
- Law, Intellectual Property, IT, and Media Law
Do we need a law of privacy? Drawing a line between justified and unjustified intrusion places great stresses on our legal traditions with some judges favouring an approach which stretches existing ...
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Do we need a law of privacy? Drawing a line between justified and unjustified intrusion places great stresses on our legal traditions with some judges favouring an approach which stretches existing laws to grant relief to deserving victims, whilst other judges feel that it would be more honest to simply recognize privacy as a new human right. The latter approach creates further problems: should it be up to Parliament alone to create such a right? What about free speech? Do the newspapers and the public not have rights too? Newspapers are not allowed to identify Thompson and Venables, the young men who murdered two-year-old James Bulger, because their lives would be in danger. Nobody may identify Mary Bell, who also killed when she was a child, even though there was no such risk. Will paedophiles be the next to demand lifelong anonymity? This book explores how the English legal system has had to blend old laws on confidentiality with modern human rights law in order to deal with these problematic issues. Written for non-specialists by one of Britain's best known legal journalists, this book provides a uniquely accessible guide to the legal aspects of this public debate.Less
Do we need a law of privacy? Drawing a line between justified and unjustified intrusion places great stresses on our legal traditions with some judges favouring an approach which stretches existing laws to grant relief to deserving victims, whilst other judges feel that it would be more honest to simply recognize privacy as a new human right. The latter approach creates further problems: should it be up to Parliament alone to create such a right? What about free speech? Do the newspapers and the public not have rights too? Newspapers are not allowed to identify Thompson and Venables, the young men who murdered two-year-old James Bulger, because their lives would be in danger. Nobody may identify Mary Bell, who also killed when she was a child, even though there was no such risk. Will paedophiles be the next to demand lifelong anonymity? This book explores how the English legal system has had to blend old laws on confidentiality with modern human rights law in order to deal with these problematic issues. Written for non-specialists by one of Britain's best known legal journalists, this book provides a uniquely accessible guide to the legal aspects of this public debate.
David Heald
- Published in print:
- 2006
- Published Online:
- January 2012
- ISBN:
- 9780197263839
- eISBN:
- 9780191734915
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197263839.003.0004
- Subject:
- Political Science, Political Theory
This chapter discusses whether transparency should be valued intrinsically or instrumentally, or both. Put differently, it considers whether transparency is a core concern or a building block for ...
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This chapter discusses whether transparency should be valued intrinsically or instrumentally, or both. Put differently, it considers whether transparency is a core concern or a building block for other valued objects sought by public policy. The chapter argues that transparency should be valued instrumentally, and that attempts to elevate it to instrinsic value should be resisted. It proceeds on the basis that transparency – the sunlight metaphor – brings great benefits to economies, governments, and societies. However, there has to be sophistication about directions and varieties of transparency and also subtlety about the specific habitats within which they are situated. In general terms, at very low levels of transparency, more transparency is likely to be beneficial. The trade-offs are most apparent when transparency is already high, in which circumstance the direction and variety, not just the amount, of the incremental transparency will strongly influence the relationship between benefits and costs. The tradeoffs analysed in this chapter relate to: effectiveness; trust; accountability; autonomy and control; confidentiality, privacy and anonymity; fairness; and legitimacy.Less
This chapter discusses whether transparency should be valued intrinsically or instrumentally, or both. Put differently, it considers whether transparency is a core concern or a building block for other valued objects sought by public policy. The chapter argues that transparency should be valued instrumentally, and that attempts to elevate it to instrinsic value should be resisted. It proceeds on the basis that transparency – the sunlight metaphor – brings great benefits to economies, governments, and societies. However, there has to be sophistication about directions and varieties of transparency and also subtlety about the specific habitats within which they are situated. In general terms, at very low levels of transparency, more transparency is likely to be beneficial. The trade-offs are most apparent when transparency is already high, in which circumstance the direction and variety, not just the amount, of the incremental transparency will strongly influence the relationship between benefits and costs. The tradeoffs analysed in this chapter relate to: effectiveness; trust; accountability; autonomy and control; confidentiality, privacy and anonymity; fairness; and legitimacy.
Adil E. Shamoo and David B. Resnik
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780195368246
- eISBN:
- 9780199867615
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195368246.003.0007
- Subject:
- Biology, Disease Ecology / Epidemiology, Biochemistry / Molecular Biology
This chapter provides a historical overview of scientific publication and peer review and describes the current practices of scientific journals and granting agencies. It also examines a number of ...
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This chapter provides a historical overview of scientific publication and peer review and describes the current practices of scientific journals and granting agencies. It also examines a number of different ethical issues and concerns that arise in publication and peer review, such as quality control, confidentiality, fairness, bias, electronic publication, wasteful publication, duplicate publication, publishing controversial research, and editorial independence. The chapter also addresses the ethical responsibilities of reviewers and concludes with a discussion of the relationship between researchers and the media.Less
This chapter provides a historical overview of scientific publication and peer review and describes the current practices of scientific journals and granting agencies. It also examines a number of different ethical issues and concerns that arise in publication and peer review, such as quality control, confidentiality, fairness, bias, electronic publication, wasteful publication, duplicate publication, publishing controversial research, and editorial independence. The chapter also addresses the ethical responsibilities of reviewers and concludes with a discussion of the relationship between researchers and the media.
Christopher Meyers (ed.)
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195370805
- eISBN:
- 9780199776610
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195370805.001.0001
- Subject:
- Philosophy, Moral Philosophy
Since the introduction of radio and television news, journalism has gone through multiple transformations, but each time it has been sustained by a commitment to basic values and best practices. ...
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Since the introduction of radio and television news, journalism has gone through multiple transformations, but each time it has been sustained by a commitment to basic values and best practices. Journalism Ethics is a reminder, a defence, and an elucidation of core journalistic values, with particular emphasis on the interplay of theory, conceptual analysis and practice. This unified text on journalism ethics begins with a sophisticated model for ethical decision making, devised by two of the nation's leading ethicists, which connects classical theories with the central purposes of journalism. Top scholars from philosophy, journalism and communications offer essays on such topics as objectivity, privacy, confidentiality, conflict of interest, the history of journalism, online journalism, and the definition of a journalist. Theoretical essays are paired with practical essays in order to better inform the discussion. The result is a guide to ethically sound and socially justified journalism, in whatever form that practice emerges.Less
Since the introduction of radio and television news, journalism has gone through multiple transformations, but each time it has been sustained by a commitment to basic values and best practices. Journalism Ethics is a reminder, a defence, and an elucidation of core journalistic values, with particular emphasis on the interplay of theory, conceptual analysis and practice. This unified text on journalism ethics begins with a sophisticated model for ethical decision making, devised by two of the nation's leading ethicists, which connects classical theories with the central purposes of journalism. Top scholars from philosophy, journalism and communications offer essays on such topics as objectivity, privacy, confidentiality, conflict of interest, the history of journalism, online journalism, and the definition of a journalist. Theoretical essays are paired with practical essays in order to better inform the discussion. The result is a guide to ethically sound and socially justified journalism, in whatever form that practice emerges.
Shirley Jülich
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780195335484
- eISBN:
- 9780199864331
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195335484.003.0011
- Subject:
- Social Work, Children and Families, Crime and Justice
Chapter Abstract: This chapter investigates whether restorative justice has the potential to not only provide victims of gendered violence with a sense of justice but also ...
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Chapter Abstract: This chapter investigates whether restorative justice has the potential to not only provide victims of gendered violence with a sense of justice but also whether it can address violence that is power-based and reflective of entrenched societal attitudes and beliefs. Contextualized in the New Zealand environment, the chapter explores victims’ understandings of justice and critiques three fundamental principles of restorative justice: the involvement of victims, the negotiation of a community response, and the transfer of power to the community. Further, it discusses how Project Restore, a restorative justice provider group, uses restorative justice to address gendered violence. The chapter concludes with an analysis of neutrality, impartiality, and confidentiality: practice issues that are particularly relevant when addressing gendered violence.Less
Chapter Abstract: This chapter investigates whether restorative justice has the potential to not only provide victims of gendered violence with a sense of justice but also whether it can address violence that is power-based and reflective of entrenched societal attitudes and beliefs. Contextualized in the New Zealand environment, the chapter explores victims’ understandings of justice and critiques three fundamental principles of restorative justice: the involvement of victims, the negotiation of a community response, and the transfer of power to the community. Further, it discusses how Project Restore, a restorative justice provider group, uses restorative justice to address gendered violence. The chapter concludes with an analysis of neutrality, impartiality, and confidentiality: practice issues that are particularly relevant when addressing gendered violence.
Joseph E. Trimble, María R. Scharrón-del Río, and Guillermo Bernal
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195398090
- eISBN:
- 9780199776900
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195398090.003.0004
- Subject:
- Psychology, Social Psychology, Clinical Psychology
This chapter describes important considerations related to ethical decision making for research on depression with women from ethnocultural populations. Using real-life examples, the authors present ...
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This chapter describes important considerations related to ethical decision making for research on depression with women from ethnocultural populations. Using real-life examples, the authors present evidence of the connections between irresponsible research and cultural incompetence. The chapter focuses on epistemological, ethical, and methodological challenges that confront researchers when working with research participants from ethnocultural communities. It also outlines crucial dimensions of culturally sensitive research, such as applying a cultural perspective to the evaluation of risk and benefits, developing and implementing culturally respectful consent, confidentiality and disclosure procedures, and engaging in appropriate community and participant consultation.Less
This chapter describes important considerations related to ethical decision making for research on depression with women from ethnocultural populations. Using real-life examples, the authors present evidence of the connections between irresponsible research and cultural incompetence. The chapter focuses on epistemological, ethical, and methodological challenges that confront researchers when working with research participants from ethnocultural communities. It also outlines crucial dimensions of culturally sensitive research, such as applying a cultural perspective to the evaluation of risk and benefits, developing and implementing culturally respectful consent, confidentiality and disclosure procedures, and engaging in appropriate community and participant consultation.
Peter White
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780195388510
- eISBN:
- 9780199866717
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195388510.003.0001
- Subject:
- Classical Studies, Literary Studies: Classical, Early, and Medieval
Letter writers of Cicero's day were hampered by the difficulty of communicating at a distance, by problems of maintaining confidentiality, and by a bias against interacting impersonally rather than ...
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Letter writers of Cicero's day were hampered by the difficulty of communicating at a distance, by problems of maintaining confidentiality, and by a bias against interacting impersonally rather than face‐to‐face. Yet most of Cicero's correspondents were fellow‐Senators and therefore constantly in competition with one another. When they went abroad, they found it essential to keep up good relations with their peers in order to safeguard their own position at home. Security is the concern that underlies requests, recommendations, and many other aspects of their letters to one another.Less
Letter writers of Cicero's day were hampered by the difficulty of communicating at a distance, by problems of maintaining confidentiality, and by a bias against interacting impersonally rather than face‐to‐face. Yet most of Cicero's correspondents were fellow‐Senators and therefore constantly in competition with one another. When they went abroad, they found it essential to keep up good relations with their peers in order to safeguard their own position at home. Security is the concern that underlies requests, recommendations, and many other aspects of their letters to one another.
Roy C. Smith, Ingo Walter, and Gayle Delong
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780195335934
- eISBN:
- 9780199932146
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195335934.003.0011
- Subject:
- Economics and Finance, Economic Systems
Private banking caters to wealthy individuals who, like other investors, base asset-allocation choices on their relative preferences for risk and return. There is value in diversification across ...
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Private banking caters to wealthy individuals who, like other investors, base asset-allocation choices on their relative preferences for risk and return. There is value in diversification across individual assets, asset classes, political-economic environments, and other asset allocation categories. The lower the correlations across asset buckets, the greater the power of diversification. Like everyone else, wealthy people are explicitly or implicitly looking for “efficient” portfolios that minimize risk for a given target rate of return or maximize total returns for a given level of portfolio risk. They are different from nonwealthy people in that they have a lot to preserve, so that they often tend toward relatively conservative asset-allocation approaches. They are also sensitive to confidentiality, trust, and service quality.Less
Private banking caters to wealthy individuals who, like other investors, base asset-allocation choices on their relative preferences for risk and return. There is value in diversification across individual assets, asset classes, political-economic environments, and other asset allocation categories. The lower the correlations across asset buckets, the greater the power of diversification. Like everyone else, wealthy people are explicitly or implicitly looking for “efficient” portfolios that minimize risk for a given target rate of return or maximize total returns for a given level of portfolio risk. They are different from nonwealthy people in that they have a lot to preserve, so that they often tend toward relatively conservative asset-allocation approaches. They are also sensitive to confidentiality, trust, and service quality.
Residents of the Cook County Juvenile Detention Center
- Published in print:
- 2010
- Published Online:
- March 2012
- ISBN:
- 9780520252493
- eISBN:
- 9780520944565
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520252493.003.0052
- Subject:
- Sociology, Gender and Sexuality
This chapter presents a Bill of Health Rights for incarcerated girls, prepared by young women who are or have been incarcerated in Cook County's Juvenile Temporary Detention Center. These are rights ...
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This chapter presents a Bill of Health Rights for incarcerated girls, prepared by young women who are or have been incarcerated in Cook County's Juvenile Temporary Detention Center. These are rights that all young women deserve, regardless of their involvement with the juvenile justice system. The rights pertain to family contact, accurate information, personal privacy and confidentiality, food and water as well as exercise, proper hygiene, adequate and respectful mental health care, medical care, gender-specific care, and freedom from discrimination and verbal and physical abuse.Less
This chapter presents a Bill of Health Rights for incarcerated girls, prepared by young women who are or have been incarcerated in Cook County's Juvenile Temporary Detention Center. These are rights that all young women deserve, regardless of their involvement with the juvenile justice system. The rights pertain to family contact, accurate information, personal privacy and confidentiality, food and water as well as exercise, proper hygiene, adequate and respectful mental health care, medical care, gender-specific care, and freedom from discrimination and verbal and physical abuse.
Theodore J. Stein
- Published in print:
- 1998
- Published Online:
- January 2009
- ISBN:
- 9780195109429
- eISBN:
- 9780199865772
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195109429.001.0001
- Subject:
- Social Work, Health and Mental Health
This book examines the issues surrounding the growing epidemic of women and children with HIV and AIDS. It explores such issues as discrimination in employment, housing, health care, and education, ...
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This book examines the issues surrounding the growing epidemic of women and children with HIV and AIDS. It explores such issues as discrimination in employment, housing, health care, and education, and looks at medical testing, confidentiality, reproductive freedom, income assistance, child welfare, and child custody. Focusing on the federal and state statutes that protect women and children with HIV and AIDS from discrimination, this book also examines the statutes that govern the operation of the public systems to which significant numbers of women with HIV and AIDS turn to for financial and medical needs, housing assistance, and social services.Less
This book examines the issues surrounding the growing epidemic of women and children with HIV and AIDS. It explores such issues as discrimination in employment, housing, health care, and education, and looks at medical testing, confidentiality, reproductive freedom, income assistance, child welfare, and child custody. Focusing on the federal and state statutes that protect women and children with HIV and AIDS from discrimination, this book also examines the statutes that govern the operation of the public systems to which significant numbers of women with HIV and AIDS turn to for financial and medical needs, housing assistance, and social services.
Alessandra Asteriti and Christian J. Tams
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199589104
- eISBN:
- 9780191595455
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199589104.003.0025
- Subject:
- Law, Constitutional and Administrative Law, Public International Law
This chapter addresses one of the crucial tensions facing modern investment arbitration: that between confidentiality and privacy, on the one hand, and transparency and inclusiveness, on the other. ...
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This chapter addresses one of the crucial tensions facing modern investment arbitration: that between confidentiality and privacy, on the one hand, and transparency and inclusiveness, on the other. It begins by reviewing how investment arbitration frameworks have addressed this tension so far, noting the traditional focus on confidentiality and privacy and the more recent trend towards transparency and inclusiveness of proceedings before ICSID and/or NAFTA tribunals. The chapter then compares domestic public law approaches to questions of transparency and public interest representation. Having reviewed US, English, French, German, and Greek law, it shows that domestic public law seems to accept the principle of transparency and provides for various forms of indirect public interest representation (e.g., through amicus curiae briefs) but also different forms of public interest claims. While this approach cannot be directly transposed to investment arbitration, it clearly can, and arguably should, guide the approach of investment lawyers.Less
This chapter addresses one of the crucial tensions facing modern investment arbitration: that between confidentiality and privacy, on the one hand, and transparency and inclusiveness, on the other. It begins by reviewing how investment arbitration frameworks have addressed this tension so far, noting the traditional focus on confidentiality and privacy and the more recent trend towards transparency and inclusiveness of proceedings before ICSID and/or NAFTA tribunals. The chapter then compares domestic public law approaches to questions of transparency and public interest representation. Having reviewed US, English, French, German, and Greek law, it shows that domestic public law seems to accept the principle of transparency and provides for various forms of indirect public interest representation (e.g., through amicus curiae briefs) but also different forms of public interest claims. While this approach cannot be directly transposed to investment arbitration, it clearly can, and arguably should, guide the approach of investment lawyers.
Eric Barendt
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199532711
- eISBN:
- 9780191705489
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199532711.003.0041
- Subject:
- Law, Legal History
In comparison with its rich libel jurisprudence, the House has given relatively few rulings on the protection of personal privacy. Only five years ago it refused to recognise a common law privacy ...
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In comparison with its rich libel jurisprudence, the House has given relatively few rulings on the protection of personal privacy. Only five years ago it refused to recognise a common law privacy tort, holding in Wainwright v Home Office that it would be inappropriate for the courts to formulate a broad right of uncertain scope. But the law of confidentiality has been developed to protect personal (and official) information against disclosure by the media. This chapter discusses this topic and then looks at contempt of court and the open justice principle, where the House of Lords has been inconsistent in the weight it attaches to freedom of speech and of the press.Less
In comparison with its rich libel jurisprudence, the House has given relatively few rulings on the protection of personal privacy. Only five years ago it refused to recognise a common law privacy tort, holding in Wainwright v Home Office that it would be inappropriate for the courts to formulate a broad right of uncertain scope. But the law of confidentiality has been developed to protect personal (and official) information against disclosure by the media. This chapter discusses this topic and then looks at contempt of court and the open justice principle, where the House of Lords has been inconsistent in the weight it attaches to freedom of speech and of the press.
Hélène Boussard
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199562572
- eISBN:
- 9780191705328
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199562572.003.0008
- Subject:
- Law, Intellectual Property, IT, and Media Law, Human Rights and Immigration
This chapter describes how international human rights law has expanded in reaction to the growth of genetic health practices. It emphasizes that the so-called ‘geneticization’ of rights — that is, ...
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This chapter describes how international human rights law has expanded in reaction to the growth of genetic health practices. It emphasizes that the so-called ‘geneticization’ of rights — that is, the proliferating references to the right to genetic identity, the right to genetic privacy, and the right to genetic confidentiality — has not generated new rights; rather it has led to ‘old’ rights being interpreted in contexts. But as the chapter goes on to explain, genetic health practices do seem to call for some refinement of international human rights law in order to protect all interests — specifically, future and group interests as well as those of individuals.Less
This chapter describes how international human rights law has expanded in reaction to the growth of genetic health practices. It emphasizes that the so-called ‘geneticization’ of rights — that is, the proliferating references to the right to genetic identity, the right to genetic privacy, and the right to genetic confidentiality — has not generated new rights; rather it has led to ‘old’ rights being interpreted in contexts. But as the chapter goes on to explain, genetic health practices do seem to call for some refinement of international human rights law in order to protect all interests — specifically, future and group interests as well as those of individuals.
Ruben Lee
- Published in print:
- 2000
- Published Online:
- October 2011
- ISBN:
- 9780198297048
- eISBN:
- 9780191685309
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198297048.003.0008
- Subject:
- Business and Management, Finance, Accounting, and Banking, Political Economy
This chapter discusses six key branches of law and regulation that are important for the dissemination of price and quote information in various jurisdictions. They govern, respectively, copyright, a ...
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This chapter discusses six key branches of law and regulation that are important for the dissemination of price and quote information in various jurisdictions. They govern, respectively, copyright, a new sui generis right in databases, misappropriation, confidentiality, competition, and the securities markets. Rather than attempting to provide a definitive exegesis of any of these branches of law and regulation for one, let alone all, jurisdictions, key elements are selected and discussed.Less
This chapter discusses six key branches of law and regulation that are important for the dissemination of price and quote information in various jurisdictions. They govern, respectively, copyright, a new sui generis right in databases, misappropriation, confidentiality, competition, and the securities markets. Rather than attempting to provide a definitive exegesis of any of these branches of law and regulation for one, let alone all, jurisdictions, key elements are selected and discussed.
Jonathan Charkham and Anne Simpson
- Published in print:
- 1999
- Published Online:
- October 2011
- ISBN:
- 9780198292142
- eISBN:
- 9780191684876
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198292142.003.0019
- Subject:
- Business and Management, Corporate Governance and Accountability, Business History
This chapter examines the disclosure system in corporate governance. Standards of disclosure vary dramatically. However, in a world of global capital markets, the trend is towards greater ...
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This chapter examines the disclosure system in corporate governance. Standards of disclosure vary dramatically. However, in a world of global capital markets, the trend is towards greater transparency. It is increasingly accepted that shareholders are entitled to a comprehensive flow of information and that the board shall reveal as much relevant material as possible, holding back only to protect commercial confidentiality. The pressures for ever more disclosure are more becoming relentless, and are growing to include new issues such as environmental standards, workplace policies and practice, terms for creditors, and prices, and it will not be long before these are joined by new governance concerns such as board assessment and future strategy. All these matters arguably affect performance and thus the shareholders are entitled to know about them. This should help shareholders evaluate the relative and absolute competence of the company's management.Less
This chapter examines the disclosure system in corporate governance. Standards of disclosure vary dramatically. However, in a world of global capital markets, the trend is towards greater transparency. It is increasingly accepted that shareholders are entitled to a comprehensive flow of information and that the board shall reveal as much relevant material as possible, holding back only to protect commercial confidentiality. The pressures for ever more disclosure are more becoming relentless, and are growing to include new issues such as environmental standards, workplace policies and practice, terms for creditors, and prices, and it will not be long before these are joined by new governance concerns such as board assessment and future strategy. All these matters arguably affect performance and thus the shareholders are entitled to know about them. This should help shareholders evaluate the relative and absolute competence of the company's management.
Eva Storskrubb
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199533176
- eISBN:
- 9780191714504
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199533176.003.0011
- Subject:
- Law, EU Law
This chapter analyses the legislative history, main substantive content, and normative implications of the Commission Green Paper on the Code of Conduct and the proposed Directive all relating to ...
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This chapter analyses the legislative history, main substantive content, and normative implications of the Commission Green Paper on the Code of Conduct and the proposed Directive all relating to Alternative Dispute Resolution (ADR). The Commission Green Paper actualised several regulatory questions in relation to legislating ADR on the EU level that are examined in the chapter. The Code of Conduct is a self-regulatory measure of stakeholders supported by the Commission. The principles to which mediators and mediation institutions can voluntarily commit are presented. Finally, the proposed ADR Directive is outlined, including issues such as confidentiality of mediation, limitation periods, and court sponsorship of mediation. The chapter concludes by finding that the measures are tentative steps that raise difficult regulatory choices, among which is the cross-border definition, and that the initiatives, although welcome, potentially raise tensions with procedural guarantees.Less
This chapter analyses the legislative history, main substantive content, and normative implications of the Commission Green Paper on the Code of Conduct and the proposed Directive all relating to Alternative Dispute Resolution (ADR). The Commission Green Paper actualised several regulatory questions in relation to legislating ADR on the EU level that are examined in the chapter. The Code of Conduct is a self-regulatory measure of stakeholders supported by the Commission. The principles to which mediators and mediation institutions can voluntarily commit are presented. Finally, the proposed ADR Directive is outlined, including issues such as confidentiality of mediation, limitation periods, and court sponsorship of mediation. The chapter concludes by finding that the measures are tentative steps that raise difficult regulatory choices, among which is the cross-border definition, and that the initiatives, although welcome, potentially raise tensions with procedural guarantees.
Tiantian Zheng
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780816691999
- eISBN:
- 9781452952499
- Item type:
- chapter
- Publisher:
- University of Minnesota Press
- DOI:
- 10.5749/minnesota/9780816691999.003.0007
- Subject:
- Anthropology, Asian Cultural Anthropology
Chapter 6 discusses the ways in which tongzhi in my research cover up their sexual identities and fail to formulate an open-identity social activist group. Although tongzhi congregate in cruising ...
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Chapter 6 discusses the ways in which tongzhi in my research cover up their sexual identities and fail to formulate an open-identity social activist group. Although tongzhi congregate in cruising areas and work at local AIDS organizations, they keep their real names, home addresses, and workplace information confidential from each other. They are cautious and discreet for fear of possible blackmail or disclosure of their tongzhi identity to their family and colleagues. The weak ties and lack of solidarity among them have engendered an environment that is not conducive to organized protests. Aspiration for membership in the dominant culture has also weakened their solidarity. When tongzhi’s self-criticisms coalesce with their acceptance of the heteronormative discourse, it marks a decline in their identification with the tongzhi community and an increase in their identification with the mainstream. When tongzhi offer each other advice on how to cope with romantic relationships and how to fend off parents’ pressure to marry, it marks an increase in their identification with the tongzhi community and a decline in their identification with the mainstream.Less
Chapter 6 discusses the ways in which tongzhi in my research cover up their sexual identities and fail to formulate an open-identity social activist group. Although tongzhi congregate in cruising areas and work at local AIDS organizations, they keep their real names, home addresses, and workplace information confidential from each other. They are cautious and discreet for fear of possible blackmail or disclosure of their tongzhi identity to their family and colleagues. The weak ties and lack of solidarity among them have engendered an environment that is not conducive to organized protests. Aspiration for membership in the dominant culture has also weakened their solidarity. When tongzhi’s self-criticisms coalesce with their acceptance of the heteronormative discourse, it marks a decline in their identification with the tongzhi community and an increase in their identification with the mainstream. When tongzhi offer each other advice on how to cope with romantic relationships and how to fend off parents’ pressure to marry, it marks an increase in their identification with the tongzhi community and a decline in their identification with the mainstream.
