Perry Keller
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780198268550
- eISBN:
- 9780191728518
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198268550.003.0010
- Subject:
- Law, Intellectual Property, IT, and Media Law
Chapter Nine examines rights of access to state held information, also known as freedom of information law, as well as unauthorised disclosure of such information. As this Chapter explains, the ...
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Chapter Nine examines rights of access to state held information, also known as freedom of information law, as well as unauthorised disclosure of such information. As this Chapter explains, the European Union's direct and indirect transparency obligations on member states to disclose information are subject to national security, public order and privacy exceptions. The EU Charter of Fundamental Rights and other EU legislation also contain significant rights of public access to information held by EU institutions. The Chapter discusses the development of positive rights of access to state held information as well as principles concerning unauthorised disclosure of state information and the protection of journalists’ sources under the ECHR Article 10 right to freedom of expression. It then looks at international law, which contains few positive obligations to disclose state held information, aside from the transparency disciplines of the GATT and GATS.Less
Chapter Nine examines rights of access to state held information, also known as freedom of information law, as well as unauthorised disclosure of such information. As this Chapter explains, the European Union's direct and indirect transparency obligations on member states to disclose information are subject to national security, public order and privacy exceptions. The EU Charter of Fundamental Rights and other EU legislation also contain significant rights of public access to information held by EU institutions. The Chapter discusses the development of positive rights of access to state held information as well as principles concerning unauthorised disclosure of state information and the protection of journalists’ sources under the ECHR Article 10 right to freedom of expression. It then looks at international law, which contains few positive obligations to disclose state held information, aside from the transparency disciplines of the GATT and GATS.
Michael Armstrong
- Published in print:
- 2012
- Published Online:
- November 2015
- ISBN:
- 9780231153546
- eISBN:
- 9780231526982
- Item type:
- book
- Publisher:
- Columbia University Press
- DOI:
- 10.7312/columbia/9780231153546.001.0001
- Subject:
- History, American History: 20th Century
For two years the author was chief counsel to the Knapp Commission, investigating cops. Based on the author's recollections of this watershed moment in law enforcement accountability—prompted by the ...
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For two years the author was chief counsel to the Knapp Commission, investigating cops. Based on the author's recollections of this watershed moment in law enforcement accountability—prompted by the report on whistleblower cop Frank Serpico—this book recreates the struggles and significance of the Commission and explores the factors that led to its success and the restoration of the NYPD's public image. Serpico's charges against the NYPD encouraged Mayor John Lindsay to appoint Whitman Knapp to chair a Citizen's Commission on police graft. Chief Counsel Armstrong cobbled together an investigative group of a half-dozen lawyers and a dozen agents. When funding was about to run out, the “blue wall of silence” collapsed. A “Madame,” a corrupt lawyer, and an informant led to a “super thief” cop, who was trapped and “turned” by the Commission. This led to hearings, which publicly refuted the notion that departmental corruption was limited to only a “few rotten apples.” The book illuminates police investigative strategy; governmental and departmental political maneuvering; ethical and philosophical issues in law enforcement; the efficacy (or lack thereof) of the police's anticorruption efforts; the effectiveness of the training of police officers; the psychological and emotional pressures that lead to corruption; and the effects of police criminality on individuals and society. It concludes with the effects, in today's world, of Knapp and succeeding investigations into police corruption and the value of permanent outside monitoring bodies, such as the special prosecutor's office, formed in response to the Commission's recommendation, as well as the current monitoring commission, of which Armstrong is chairman.Less
For two years the author was chief counsel to the Knapp Commission, investigating cops. Based on the author's recollections of this watershed moment in law enforcement accountability—prompted by the report on whistleblower cop Frank Serpico—this book recreates the struggles and significance of the Commission and explores the factors that led to its success and the restoration of the NYPD's public image. Serpico's charges against the NYPD encouraged Mayor John Lindsay to appoint Whitman Knapp to chair a Citizen's Commission on police graft. Chief Counsel Armstrong cobbled together an investigative group of a half-dozen lawyers and a dozen agents. When funding was about to run out, the “blue wall of silence” collapsed. A “Madame,” a corrupt lawyer, and an informant led to a “super thief” cop, who was trapped and “turned” by the Commission. This led to hearings, which publicly refuted the notion that departmental corruption was limited to only a “few rotten apples.” The book illuminates police investigative strategy; governmental and departmental political maneuvering; ethical and philosophical issues in law enforcement; the efficacy (or lack thereof) of the police's anticorruption efforts; the effectiveness of the training of police officers; the psychological and emotional pressures that lead to corruption; and the effects of police criminality on individuals and society. It concludes with the effects, in today's world, of Knapp and succeeding investigations into police corruption and the value of permanent outside monitoring bodies, such as the special prosecutor's office, formed in response to the Commission's recommendation, as well as the current monitoring commission, of which Armstrong is chairman.
Michael Sragow
- Published in print:
- 2014
- Published Online:
- September 2015
- ISBN:
- 9780748693542
- eISBN:
- 9781474406451
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748693542.003.0008
- Subject:
- Film, Television and Radio, Film
This chapter presents an interview with Michael Mann, who talks about his 1999 film The Insider. Starring Russell Crowe and Al Pacino, The Insider is not only a docudrama about Big Tobacco, Big ...
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This chapter presents an interview with Michael Mann, who talks about his 1999 film The Insider. Starring Russell Crowe and Al Pacino, The Insider is not only a docudrama about Big Tobacco, Big Television and a whistleblower who upends both; it is also a docutragedy about men who face, too late, that they are bigger than the jobs corporate America lets them do. It is a ravaging account of the hell their business dealings wreak on their bonds with friends and family. The travails of upper-middle-class life and corporate careers are often fodder for movie comedy; The Insider approaches them without condescension or preconceptions. In this interview, Mann discusses his views about smoking; how he came to know Lowell Bergman, the character played by Pacino in The Insider; his purchase of Marie Brenner's Vanity Fair piece; the collision between Lowell's world and that of Jeffrey Wigand, the character played by Crowe; and Pacino and Crowe's performances in the film.Less
This chapter presents an interview with Michael Mann, who talks about his 1999 film The Insider. Starring Russell Crowe and Al Pacino, The Insider is not only a docudrama about Big Tobacco, Big Television and a whistleblower who upends both; it is also a docutragedy about men who face, too late, that they are bigger than the jobs corporate America lets them do. It is a ravaging account of the hell their business dealings wreak on their bonds with friends and family. The travails of upper-middle-class life and corporate careers are often fodder for movie comedy; The Insider approaches them without condescension or preconceptions. In this interview, Mann discusses his views about smoking; how he came to know Lowell Bergman, the character played by Pacino in The Insider; his purchase of Marie Brenner's Vanity Fair piece; the collision between Lowell's world and that of Jeffrey Wigand, the character played by Crowe; and Pacino and Crowe's performances in the film.
Stephen Skowronek, John A. Dearborn, and Desmond King
- Published in print:
- 2021
- Published Online:
- February 2021
- ISBN:
- 9780197543085
- eISBN:
- 9780197543115
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780197543085.003.0010
- Subject:
- Political Science, American Politics
This chapter examines depth in oversight. It brings into focus the new oversight regime instituted by Congress in the wake of the Nixon impeachment and considers its effect in instigating impeachment ...
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This chapter examines depth in oversight. It brings into focus the new oversight regime instituted by Congress in the wake of the Nixon impeachment and considers its effect in instigating impeachment charges against President Trump. Whistleblowers and inspectors general safeguard congressional interests in administration and qualify hierarchical control by the president. Activated by Trump’s backchannel dealing with the government of Ukraine, a whistleblower and an inspector general brought the relationship between administrative depth and congressional power out into the open. During the House’s impeachment hearings, congressional provisions for oversight split the executive branch, pulling administrative subordinates into Congress’s orbit and pitting them against the president more explicitly than ever before. Congress depended on the administrators who were willing to come forward, and it provided them a forum for airing their own ideas about good government.Less
This chapter examines depth in oversight. It brings into focus the new oversight regime instituted by Congress in the wake of the Nixon impeachment and considers its effect in instigating impeachment charges against President Trump. Whistleblowers and inspectors general safeguard congressional interests in administration and qualify hierarchical control by the president. Activated by Trump’s backchannel dealing with the government of Ukraine, a whistleblower and an inspector general brought the relationship between administrative depth and congressional power out into the open. During the House’s impeachment hearings, congressional provisions for oversight split the executive branch, pulling administrative subordinates into Congress’s orbit and pitting them against the president more explicitly than ever before. Congress depended on the administrators who were willing to come forward, and it provided them a forum for airing their own ideas about good government.
Michael J. Glennon
- Published in print:
- 2014
- Published Online:
- October 2014
- ISBN:
- 9780190206444
- eISBN:
- 9780190206475
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190206444.003.0001
- Subject:
- Law, Public International Law, Constitutional and Administrative Law
National security policy has changed little from the Bush to the Obama administration. Programs such as rendition, military detention without trial or legal counsel, drone attacks, offensive ...
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National security policy has changed little from the Bush to the Obama administration. Programs such as rendition, military detention without trial or legal counsel, drone attacks, offensive cyberweapons, whistleblower prosecutions, covert operations, and NSA surveillance all have been continued or expanded. The reason is to be found in Walter Bagehot’s 1867 theory explaining the operation of the English Constitution. In the United States, “double government” comprises the public, Madisonian institutions—Congress, the courts, and the presidency—and a concealed network of intelligence, military, and law enforcement managers, tracing to the Truman administration, who largely define security policy. While not invidiously motivated or conspiratorial, the network does operate largely immune from constitutional constraints. The façade of double government is driven and sustained by the electorate’s abiding political ignorance.Less
National security policy has changed little from the Bush to the Obama administration. Programs such as rendition, military detention without trial or legal counsel, drone attacks, offensive cyberweapons, whistleblower prosecutions, covert operations, and NSA surveillance all have been continued or expanded. The reason is to be found in Walter Bagehot’s 1867 theory explaining the operation of the English Constitution. In the United States, “double government” comprises the public, Madisonian institutions—Congress, the courts, and the presidency—and a concealed network of intelligence, military, and law enforcement managers, tracing to the Truman administration, who largely define security policy. While not invidiously motivated or conspiratorial, the network does operate largely immune from constitutional constraints. The façade of double government is driven and sustained by the electorate’s abiding political ignorance.
Jason Brennan, William English, John Hasnas, and Peter Jaworski
- Published in print:
- 2021
- Published Online:
- August 2021
- ISBN:
- 9780190076559
- eISBN:
- 9780197606513
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190076559.003.0008
- Subject:
- Business and Management, Corporate Governance and Accountability, HRM / IR
Every business faces internal conflicts of interest. They must determine how to motivate employees to cooperate in a productive manner, while also limiting the temptation to exploit the business for ...
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Every business faces internal conflicts of interest. They must determine how to motivate employees to cooperate in a productive manner, while also limiting the temptation to exploit the business for private gain. Designing good incentives is essential. If inputs are easy to measure, employees can be compensated based on how much work they do, but if inputs are hard to measure, it may be more effective to tie compensation to a firm’s output in the form of stock options and profit-sharing. However, care must be taken to ensure that executives do not misrepresent the value of the company or engage in fraud in order to inflate stock prices. Compensation packages that lengthen the vesting period of stock options and allow ill-gotten gains to be clawed back, as well as whistleblower programs that reward those who expose fraud, can help prevent bad behavior and ensure that business leaders focus on genuine productivity.Less
Every business faces internal conflicts of interest. They must determine how to motivate employees to cooperate in a productive manner, while also limiting the temptation to exploit the business for private gain. Designing good incentives is essential. If inputs are easy to measure, employees can be compensated based on how much work they do, but if inputs are hard to measure, it may be more effective to tie compensation to a firm’s output in the form of stock options and profit-sharing. However, care must be taken to ensure that executives do not misrepresent the value of the company or engage in fraud in order to inflate stock prices. Compensation packages that lengthen the vesting period of stock options and allow ill-gotten gains to be clawed back, as well as whistleblower programs that reward those who expose fraud, can help prevent bad behavior and ensure that business leaders focus on genuine productivity.
Christopher T. Burris
- Published in print:
- 2022
- Published Online:
- March 2022
- ISBN:
- 9780197637180
- eISBN:
- 9780197637210
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780197637180.003.0008
- Subject:
- Psychology, Social Psychology
Chapter 8 builds on the idea that the main difference between organizational evil and individuals operating independently is groups’ capacity to make use of collaborative division of labor. This ...
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Chapter 8 builds on the idea that the main difference between organizational evil and individuals operating independently is groups’ capacity to make use of collaborative division of labor. This allows groups to mass-produce harm and can make it easier to devise and execute strategies that justify, or at least deflect responsibility for, harmful outcomes. Maintenance of corruption in corporations (which includes viewing whistleblowers as traitors), orchestration of genocide and massacres, and perpetration of child sexual abuse and elder abuse in dysfunctional family systems are specifically examined. Importantly, notwithstanding the differing capacities of organized groups versus individuals, the underlying motives are basically the same: Perpetrators are ultimately pursuing specific feeling states (and avoiding others, such as collective guilt) even if the suffering of others is perceived to be necessary. Nevertheless, perpetrators do not want to see themselves, or be seen by others, as evildoers.Less
Chapter 8 builds on the idea that the main difference between organizational evil and individuals operating independently is groups’ capacity to make use of collaborative division of labor. This allows groups to mass-produce harm and can make it easier to devise and execute strategies that justify, or at least deflect responsibility for, harmful outcomes. Maintenance of corruption in corporations (which includes viewing whistleblowers as traitors), orchestration of genocide and massacres, and perpetration of child sexual abuse and elder abuse in dysfunctional family systems are specifically examined. Importantly, notwithstanding the differing capacities of organized groups versus individuals, the underlying motives are basically the same: Perpetrators are ultimately pursuing specific feeling states (and avoiding others, such as collective guilt) even if the suffering of others is perceived to be necessary. Nevertheless, perpetrators do not want to see themselves, or be seen by others, as evildoers.
Jameel Jaffer
- Published in print:
- 2021
- Published Online:
- April 2021
- ISBN:
- 9780197519387
- eISBN:
- 9780197519424
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780197519387.003.0009
- Subject:
- Law, Constitutional and Administrative Law
The legal, political, and technological developments of the past twenty years have rendered us more reliant on whistleblowers even as the developments have made whistleblowing more difficult and more ...
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The legal, political, and technological developments of the past twenty years have rendered us more reliant on whistleblowers even as the developments have made whistleblowing more difficult and more hazardous. To promote informed public debate about national security and to preserve the connection between democratic consent and government policy in this sphere, we should extend legal protection, in some circumstances, to government insiders who responsibly disclose official secrets without authorization. Affording leakers a “public value” defense against prosecution would have benefits beyond those usually cited. It would, among other things, reduce the disincentive to socially beneficial leaks, lend legitimacy to Espionage Act prosecutions, more closely align our legal regime with widely shared intuitions about moral responsibility, and restore the courts to an appropriately central role in protecting the public’s access to an essential channel of information.Less
The legal, political, and technological developments of the past twenty years have rendered us more reliant on whistleblowers even as the developments have made whistleblowing more difficult and more hazardous. To promote informed public debate about national security and to preserve the connection between democratic consent and government policy in this sphere, we should extend legal protection, in some circumstances, to government insiders who responsibly disclose official secrets without authorization. Affording leakers a “public value” defense against prosecution would have benefits beyond those usually cited. It would, among other things, reduce the disincentive to socially beneficial leaks, lend legitimacy to Espionage Act prosecutions, more closely align our legal regime with widely shared intuitions about moral responsibility, and restore the courts to an appropriately central role in protecting the public’s access to an essential channel of information.
Dimitar D. Gueorguiev
- Published in print:
- 2021
- Published Online:
- March 2022
- ISBN:
- 9780197555668
- eISBN:
- 9780197555705
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780197555668.003.0003
- Subject:
- Political Science, Asian Politics
Chapter 3 explores the link between bottom-up societal inputs and top-down regime outputs through the lens of oversight. This is a crucial link insofar as the salutary effects of inclusion can only ...
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Chapter 3 explores the link between bottom-up societal inputs and top-down regime outputs through the lens of oversight. This is a crucial link insofar as the salutary effects of inclusion can only accrue if the regime heeds and acts on public inputs. Taking advantage of data on corruption investigations and citizen tip-offs, the empirical analysis reveals a strong and positive relationship between public inputs and disciplinary actions. As further evidence of causal linkage, Gueorguiev leverages geographic information on China’s legacy Internet communications infrastructure to help rule out confounding factors and endogeneity threats. Specifically, he find that localities that are geographically closer to Internet exchange servers built in the early 1990s are more likely to receive citizen tip-offs, and that this higher rate in citizen inputs also predicts higher rates of disciplinary action against local officials.Less
Chapter 3 explores the link between bottom-up societal inputs and top-down regime outputs through the lens of oversight. This is a crucial link insofar as the salutary effects of inclusion can only accrue if the regime heeds and acts on public inputs. Taking advantage of data on corruption investigations and citizen tip-offs, the empirical analysis reveals a strong and positive relationship between public inputs and disciplinary actions. As further evidence of causal linkage, Gueorguiev leverages geographic information on China’s legacy Internet communications infrastructure to help rule out confounding factors and endogeneity threats. Specifically, he find that localities that are geographically closer to Internet exchange servers built in the early 1990s are more likely to receive citizen tip-offs, and that this higher rate in citizen inputs also predicts higher rates of disciplinary action against local officials.