Search Results

Misconduct in Research

Adil E. Shamoo and David B. Resnik

in Responsible Conduct of Research

Since the 1980s, well-publicized examples of research misconduct have increased public concerns and stimulated responses from government, universities, and other research institutions. The result has ... More

Since the 1980s, well-publicized examples of research misconduct have increased public concerns and stimulated responses from government, universities, and other research institutions. The result has been the formulation of policies and procedures that are designed to investigate, adjudicate, and prevent misconduct in research. Surveys indicate that the prevalence of misconduct may be larger than many researchers would like to acknowledge. Some aspects of these deliberations are controversial and are still in progress. There is now a functioning system in place designed to deal with misconduct allegations, and efforts to prevent misconduct are increasing. This chapter discusses the definition of scientific misconduct as well as policies and procedures for reporting, investigating, and adjudicating misconduct.Less

The clinical assessment of neuropsychiatric disorders

Mervi Pitkanen, Eli J. Jaldow, and Michael D. Kopelman

in The Handbook of Clinical Neuropsychology

The primary objective of the neuropsychiatric clinical assessment is to make a comprehensive and accurate diagnosis and to set up a plan of management or care. It may be necessary to identify what ... More

The primary objective of the neuropsychiatric clinical assessment is to make a comprehensive and accurate diagnosis and to set up a plan of management or care. It may be necessary to identify what additional information, if any, is required to substantiate the diagnosis. This unambiguous objective is nevertheless difficult to achieve and misdiagnoses are common. In general in neuropsychiatry, the greater the care taken in the clinical assessment, the greater the probability of obtaining the correct diagnosis. However, over-investigating can be expensive and stressful for the patient. This chapter focuses on the principles of what a neuropsychiatrist attempts to do, and the particular contributions of the neuropsychologist in assessment and management of neuropsychiatric conditions.Less

Charles E. Merrill: 1885–1956: The People’s Capitalist

Edward Morris

in Wall Streeters: The Creators and Corruptors of American Finance

The chapter describes the life of Charles Merrill and the formation of Merrill Lynch.

A Grand Strategy

Herman Philipse

in God in the Age of Science?: A Critique of Religious Reason

Can we validate domain-specific methods of research for natural theology? All these methods have turned out to be unreliable, as is illustrated by the example of prayer (Mantra II, STEP). This fact ... More

Can we validate domain-specific methods of research for natural theology? All these methods have turned out to be unreliable, as is illustrated by the example of prayer (Mantra II, STEP). This fact raises a dilemma for natural theologians: should they claim that their methods of investigation must be able to pass stringent tests of validation, like methods in science and historical scholarship? Or should they rather hold that the area of the divine is so totally different from all other areas of research that validation of methods is neither needed nor possible? The Wittgensteinean non-cognitivist escape from this dilemma turns out to be unattractive. Those who opt for its first horn are faced with the problem called The Tension: on the one hand the rationality of natural theology should resemble scientific rationality in order to be respectable in our age of science, but on the other hand it should not resemble scientific rationality too much, because in that case natural theology will be doomed to failure. Can the natural theologian solve this problem by devising a Grand Strategy?Less

Duties to Prevent, Investigate, and Redress Human Rights Violations by Private Military and Security Companies: The Role of the Host State

Christine Bakker

in War by Contract: Human Rights, Humanitarian Law, and Private Contractors

This chapter examines the positive human rights obligations of the host states of private military and security companies (PMSCs). It considers the duties to prevent violations; to investigate them ... More

This chapter examines the positive human rights obligations of the host states of private military and security companies (PMSCs). It considers the duties to prevent violations; to investigate them and to prosecute their perpetrators; and to provide reparations to the victims. The lack of institutional capacities often precludes full compliance with these obligations, and military occupation or other forms of effective control by third states may give rise to extra-territorial application of human rights duties. The host state can be held accountable for violation of a positive obligation, when violations occur outside the scope of effective control by a third state, and where the institutional capacities are sufficiently developed to comply with at least some of these duties. The chapter argues that the human rights obligations of the host state must be implemented in a perspective of substantive complementarity with the obligations of the hiring state and the home state.Less

Investigate, because of the golden rectangle

Susan D'Agostino

in How to Free Your Inner Mathematician: Notes on Mathematics and Life

“Investigate, because of the golden rectangle” offers mathematics students and enthusiasts inspiration for mathematical play by way of a guided construction of the golden rectangle. The discussion is ... More

“Investigate, because of the golden rectangle” offers mathematics students and enthusiasts inspiration for mathematical play by way of a guided construction of the golden rectangle. The discussion is illustrated with numerous hand-drawn sketches. A golden rectangle is a rectangle whose side lengths are in the golden ratio, which is, where the Greek letter (pronounced “phi”) is approximately equal to. Readers learn that an indirect, even haphazard, approach in mathematical play may lead to unanticipated discoveries. At the chapter’s end, readers may check their understanding by working on a problem. A solution is provided.Less

Just the Facts

Jonathan D. Karmel

in Dying to Work: Death and Injury in the American Workplace

Chapter Four presents up-to-date workplace injury and death statistics from the Bureau of Labor Standards and discusses the inability of OSHA to meaningfully investigate American worksites and ... More

Chapter Four presents up-to-date workplace injury and death statistics from the Bureau of Labor Standards and discusses the inability of OSHA to meaningfully investigate American worksites and enforce the OSHAct due to the deliberate under resourcing of the agency orchestrated by the Chamber and its allies in Congress.Less

Writer, Teacher … Director?

Roger R. Tamte

in Walter Camp and the Creation of American Football

Camp develops new football booklets in 1883: a referee’s book with rule interpretations to aid referee decision making, approved and published under the auspices of the Intercollegiate Football ... More

Camp develops new football booklets in 1883: a referee’s book with rule interpretations to aid referee decision making, approved and published under the auspices of the Intercollegiate Football Association, and a historical statistical record of American football since intercollegiate competition began, with lists of players, referees, current captains, and the like. He coaches Yale’s baseball and football teams and is praised for his coaching results. Apparently at Camp’s initiative, a Yale professor investigates hiring of Camp by Yale as the school’s athletic supervisor, but Camp is not hired.Less

Southerners and the Debate over the War’s Conduct, 1967

Joseph A. Fry

in The American South and the Vietnam War: Belligerence, Protest, and Agony in Dixie

As the war became mired in a murderous stalemate during 1967, influential southern hawks pressured President Johnson to comply with military requests for another two hundred thousand US troops in ... More

As the war became mired in a murderous stalemate during 1967, influential southern hawks pressured President Johnson to comply with military requests for another two hundred thousand US troops in Southeast Asia and the unrestrained bombing of North Vietnam. This chapter examines this pressure for an “all-out” war and emphasizes the Senate Preparedness Investigating Subcommittee’s (SPIS) August hearings, chaired by Senator John C. Stennis. Like the SFRC hearings in 1966, the SPIS sessions embodied a focused (and from LBJ’s perspective unwelcome) public debate—this time over the war’s basic strategy. While continuing to address important southern antiwar dissidents and southern public and media opinions, particular attention is given to Dixie’s conservative, evangelical religious beliefs and denominations and to race and civil rights as critical regional considerations. These religious and racial sections include the roles of Billy Graham, Martin Luther King Jr., and Muhammad Ali.Less

Knocking at the White House Door: Rose Schneiderman, Pauline Newman, and the Campaign for Labor Legislation, 1910–1945

Annelise Orleck

in Common Sense and a Little Fire: Women and WoOrleck, Anneliserking-Class Politics in the United States, 1900-1965

The Triangle Shirtwaist Factory fire in 1911 made labor activists keenly aware of the need for regulatory labor legislation as well as strikes and street protests. This chapter traces the evolving ... More

The Triangle Shirtwaist Factory fire in 1911 made labor activists keenly aware of the need for regulatory labor legislation as well as strikes and street protests. This chapter traces the evolving friendship of Newman and Schneiderman with Frances Perkins, Eleanor Roosevelt and Franklin Roosevelt and argues that these Jewish immigrant Socialist garment workers helped shape the 20th century regulatory state and social safety net.Less

Investigate to Prevent Post-close Surprises

Timothy Galpin

in Winning at the Acquisition Game: Tools, Templates, and Best Practices Across the M&A Process

Caveat emptor (buyer beware) is important advice to acquirers. Therefore, conducting thorough investigation (due diligence) of priority targets can mitigate, but not eliminate, the risk. Due ... More

Caveat emptor (buyer beware) is important advice to acquirers. Therefore, conducting thorough investigation (due diligence) of priority targets can mitigate, but not eliminate, the risk. Due diligence should be conducted in both traditional and non-traditional areas, in order to prevent surprises after the deal is done. This chapter addresses the key areas to examine during due diligence, how to manage the due diligence process, the perils of limited due diligence, cultural due diligence and the often-overlooked aspect of self-due diligence. The tools, templates, best practices, potential pitfalls, and a case example of how to go about effective due diligence are also addressed, along with the main participants, core activities, buyer’s and seller’s perspectives, and key cross-border considerations.Less

Introductory Note: The International Criminal Court in 2019

Geert-Jan Alexander Knoops and Sara Pedroso

in The Global Community Yearbook of International Law and Jurisprudence 2020

The International Criminal Court (ICC) has experienced a burgeoning of activity in 2019, including new beginnings, such as the start of pre-trial proceedings against co-accused, Messrs. Alfred ... More

The International Criminal Court (ICC) has experienced a burgeoning of activity in 2019, including new beginnings, such as the start of pre-trial proceedings against co-accused, Messrs. Alfred Yekatom and Ngaïssona, the commencement of trial in the case against Mr. Al Hassan, and the Pre-trial Chamber’s authorisation that an investigation be launched for the alleged crimes committed against the Rohingya in the Situation in Bangladesh/Myanmar. Two landmark acquittals were pronounced in early 2019 in the case against both Mr. Laurent Gbagbo and Mr. Charles Blé Goudé, culminating from no case to answer proceedings launched by the defence the previous year, and litigation went underway in the context of Mr. Jean-Pierre Bemba’s compensation claim following his acquittal by the Appeals Chamber, raising novel issues relating to the interpretation of Article 85 of the Rome Statute. The Court stirred controversy in unanimously rejecting the Prosecutor’s request to proceed with an investigation into alleged crimes against humanity and war crimes committed on the territory of Afghanistan, extending among others to the conduct of US troops, in the context of renewed pressures from the United States imposing sanctions against ICC staff. Further controversy arose from the Appeals Chamber’s confirmation of the Pre-Trial Chamber’s order in the Comoros case, whereby the Prosecutor was yet again ordered to review its decision to not investigate the situation. Additionally, judges’ independence and impartiality were at the heart of debates in the cases of Mr. Al Hassan and Mr. Ntaganda, whereby the respective defence teams launched recusal requests on the basis of certain judges’ concurrent professional activities and statements.Less

International Court Authority in Question: Introduction to Part III

Karen J. Alter, Laurence R. Helfer, and Mikael Rask Madsen

in International Court Authority

This chapter introduces the contributions by the six commentators and engages their diverse perspectives. We put the commentaries in conversation with our IC authority framework, addressing in ... More

This chapter introduces the contributions by the six commentators and engages their diverse perspectives. We put the commentaries in conversation with our IC authority framework, addressing in particular three foundational issues: (1) our decision to set aside normative questions about IC authority; (2) our decision to refrain from hypothesizing about the beliefs that shape how different audiences respond to IC rulings; and (3) our decision to discuss the distinction between IC authority and IC power. In some cases, the commentaries provide a contrasting perspective to this book’s inquiry; in other instances, they are openly critical of its approach to conceptualizing and analyzing IC authority. At a basic level, they reveal how discussions of authority inevitably provoke deeper questions—about legitimation, about the importance of investigating actor beliefs, and about the complex ways in which power is exercised in law and in legal practice.Less

Investigations in Senegal and Chad: Cooperation and Challenges

Judge Jean Kandé

in The President on Trial: Prosecuting Hissène Habré

This chapter discusses the start of the work of the Extraordinary African Chambers (EAC) on investigating the case against Hissène Habré and others. The role of the Investigative Chamber was to ... More

This chapter discusses the start of the work of the Extraordinary African Chambers (EAC) on investigating the case against Hissène Habré and others. The role of the Investigative Chamber was to undertake pre-trial preparation by performing whatever acts are necessary to uncover the truth and by looking for both incriminating and exonerating evidence to determine whether the trial should occur. Initially planned to take fifteen months, the investigating phase ended up taking nearly two years, from July of 2013 through February of 2015. At the end of the investigation, the investigating judges drafted the indictment that the Prosecutor then proceeded to present to the court. Judge Jean Kandé was one of the Senegalese investigative judges for the EAC. Their investigation resulted in the indictment of Habré and five of his subordinates. The chapter then describes the investigation phase, the challenges of securing Chad's cooperation with in situ fact-finding, and the benefits of working across international borders with other local actors.Less

Working Cooperatively with Other Criminal Justice Institutions

Carolyn Hoyle and Mai Sato

in Reasons to Doubt: Wrongful Convictions and the Criminal Cases Review Commission

This chapter examines how the Criminal Cases Review Commission works with two members of the criminal justice system in conducting investigations: the police and the Court of Appeal. It analyses a ... More

This chapter examines how the Criminal Cases Review Commission works with two members of the criminal justice system in conducting investigations: the police and the Court of Appeal. It analyses a variety of cases, including those rare cases where the Commission uses its powers — under section 19 of the Criminal Appeal Act 1995 — to appoint an investigating officer to carry out enquiries to assist in the exercise of any of its functions. The chapter shows how the Commission deals with the investigating officer in section 19 cases and how it incorporates the results of the investigation into its decision on whether or not to refer a case back to the Court. It also explores the Commission's decision frames when it manages a section 19 investigation and when it works for the Court on section 15 investigations. Finally, it looks at section 15 investigations that involved alleged jury bias or misconduct.Less

The Scope of the Willful Ignorance Doctrine (I)

Alexander Sarch

in Criminally Ignorant

Determining when the equal culpability thesis holds sets the boundaries in which the willful ignorance doctrine is to be applied. Chapter 3 thus considers the best existing attempts to specify the ... More

Determining when the equal culpability thesis holds sets the boundaries in which the willful ignorance doctrine is to be applied. Chapter 3 thus considers the best existing attempts to specify the conditions in which the equal culpability thesis holds, but proceeds to argue that none succeeds. Still, each failure is instructive. First, the chapter argues against the unrestricted equal culpability thesis. Not all willful ignorance, it turns out, is as culpable as the analogous knowing misconduct. Then the chapter argues against the three leading attempts to restrict the thesis. Section II argues against a restriction that appeals to bad motives, while Section III argues against a common counterfactual restriction (according to which willful ignorance is as culpable as knowing misconduct when one would do the actus reus even with knowledge). The latter proposal fails since criminal culpability does not depend on considerations about counterfactual conduct or one’s willingness to misbehave. Finally, Section IV discusses a third restriction, offered by Deborah Hellman, which asks whether the decision to remain in ignorance was itself justified. This version of the thesis is on the right track, but still requires refinement in important ways.Less

The Scope of the Willful Ignorance Doctrine (II): The Duty to Reasonably Inform Oneself

Alexander Sarch

in Criminally Ignorant

This chapter argues that willful ignorance involves breaching a duty to reasonably inform oneself, and the equal culpability thesis holds when one breaches it in a sufficiently serious way before ... More

This chapter argues that willful ignorance involves breaching a duty to reasonably inform oneself, and the equal culpability thesis holds when one breaches it in a sufficiently serious way before doing the actus reus. This chapter thus offers a limited defense of the equal culpability thesis. The chapter argues that the willful ignorance doctrine requires reform. To remain faithful to the courts’ “traditional rationale” for this doctrine, knowledge should not be imputed in just any case of willful ignorance (as many courts allow), but only when one’s willful ignorance rendered one’s conduct as culpable as the analogous knowing wrong. Identifying a defensible version of the equal culpability thesis thus places constraints on the proper application of the willful ignorance doctrine. The chapter then discusses how to formulate workable willful ignorance jury instructions that also lower the risk of injustice.Less

Why Does Intimate Deception Work?

Jill Elaine Hasday

in Intimate Lies and the Law

This chapter considers why deceivers often succeed in duping their intimates. Judges frequently blame deceived intimates for having been fooled, but detecting intimate deception can be very ... More

This chapter considers why deceivers often succeed in duping their intimates. Judges frequently blame deceived intimates for having been fooled, but detecting intimate deception can be very difficult. First, almost all of us have much less ability to spot deception than we may like to imagine. Second, powerful social norms discourage the investigation of intimates. Third, it is often difficult or impossible to mount an investigation without the investigation itself jeopardizing or ending the relationship because the investigated person finds out about it. Practical realities often preclude reconnaissance without the subject’s knowledge. Moreover, the law prohibits—for legitimate and important reasons—many forms of research into someone else’s life without the subject’s consent. It is deeply ironic for courts to fault plaintiffs for not swiftly uncovering intimate deception when laws protecting privacy and security make investigating a potentially deceptive intimate without that intimate’s consent much more difficult.Less