1. Police-minority relations in America 2. Police misconduct 3. Racially biased policing 4. Reforming the police 5. Conclusion: the continuing racial divide.
List of Illustrations Acknowledgments Dedication Chapter 1: High Crimes or Misdemeanors? Chapter 2: Analyzing Media and Presidential ScandalChapter 3: Private Lives in the Public Sphere. What Do Journalists Know, and When Do They Tell It? Chapter 4: Secret Sins of 2008: The McCain, Edwards and Clinton Families' Values Chapter 5: Dodging Scandals - and the Draft Chapter 6: Rathergate: From a Scandal of Politics to a Scandal of Journalism Chapter 7: Harkening to Other Matters: What News Looks like When a Scandal is Silenced Appendix to Chapter 7: Harken Data Tables Chapter 8: Silenced Scandals of Grave Misconduct Chapter 9: Recalibrating Scandal and Silence References Notes
Who should police corporate misconduct and how should it be policed? In recent years, the Department of Justice has resolved investigations of dozens of Fortune 500 companies via deferred prosecution agreements and non-prosecution agreements, where, instead of facing criminal charges, these companies become regulated by outside agencies. Increasingly, the threat of prosecution and such prosecution agreements is being used to regulate corporate behavior. This practice has been sharply criticized on numerous fronts: agreements are too lenient, there is too little oversight of these agreements, and, perhaps most important, the criminal prosecutors doing the regulating aren't subject to the same checks and balances that civil regulatory agencies are. Prosecutors in the Boardroom explores the questions raised by this practice by compiling the insights of the leading lights in the field, including criminal law professors who specialize in the field of corporate criminal liability and criminal law, a top economist at the SEC who studies corporate wrongdoing, and a leading expert on the use of monitors in criminal law. The essays in this volume move beyond criticisms of the practice to closely examine exactly how regulation by prosecutors works. Broadly, the contributors consider who should police corporate misconduct and how it should be policed, and in conclusion offer a policy blueprint of best practices for federal and state prosecution.
Child-molesting priests, embezzled church treasures, philandering ministers and rabbis, even church-endorsed pyramid schemes that defraud gullible parishioners of millions of dollars: for the past decade, clergy misconduct has seemed continually to be in the news. Is there something about religious organizations that fosters such misbehavior? Bad Pastors presents a range of new perspectives and solidly grounded data on pastoral abuse, investigating sexual misconduct, financial improprieties, and political and personal abuse of authority. Rather than focusing on individuals who misbehave, the volume investigates whether the foundation for clergy malfeasance is inherent in religious organizations themselves, stemming from hierarchies of power in which trusted leaders have the ability to define reality, control behavior, and even offer or withhold the promise of immortality. Arguing that such phenomena arise out of organizational structures, the contributors do not focus on one particular religion, but rather treat these incidents from an interfaith perspective. Bad Pastors moves beyond individual case studies to consider a broad range of issues surrounding clergy misconduct, from violence against women to the role of charisma and abuse of power in new religious movements. Highlighting similarities between other forms of abuse, such as domestic violence, the volume helps us to conceptualize and understand clergy misconduct in new ways.
Jammed Up: An Introduction 2. What We Know and Don't Know about Police Misconduct3. Setting the Stage: An Historical Look at the New York Police Department4. Exploring Career-Ending Misconduct in the NYPD: Who, What, and How Often 5. Predicting Police Misconduct: How to Recognize the Bad Cops 6. The Department, the City, and Police Misconduct: Looking beyond the Bad Cop7. Explaining Bad Behavior: Can Criminology Help Us Understand Police Misconduct?8. What We Know about Being Jammed Up, and Transitioning to a Discourse on Good Policing
List of Abbreviations. Preface. Acknowledgments. 1. Challenges to the Design of Clinical Study. Development of Clinical SOPs. Selection of Study Patients, Investigators, and Study Sites. Definition of Enrolled Subjects in a Clinical Study. Definition of the Investigational Device System. Research Contract Challenges. Review of Literature. Challenges to the Design of the Study Protocol, Statistical Analysis Plan (SAP), and Selection of Study Endpoints. Masking or Blinding. Primary and Secondary Outcomes. Selection of Study Endpoints. Differences between the Primary Endpoint in FDA and CE Mark Studies. SAP and Study Endpoints. Components of the SAP for Clinical Trials. Roles and Responsibilities of the Clinical Personnel in Completing the Study Protocol. Changing the Primary Outcome during the Conduct of the Study. Definition of Primary and Secondary Endpoints. Combined "Composite" Endpoints. Surrogate Endpoints. Reducing the Study s Sample Size. Statistical Terms to Define Endpoint Measurements. Reporting Results of Clinical Trials. Superiority and Equivalence Trials. Subgroup Analysis. Challenges to ICF. Risk/Benefit Analysis. 2. Challenges to Managing the Study. Enhancing Patient Enrollment by Relaxation of Study Criteria. Compliance with the Study Protocol. Challenges Associated with Data Accuracy and Completeness. Data Analysis. Data Integrity. Criteria for Using Meta-Analysis Studies. Who Should have Access to Clinical Trial Records. Managing Study Data and Quality Assurance. Missing Data Analysis. Examination of Data across Study Sites. Challenges to Adverse Event Reporting. Adverse Event Coding Systems. Protocol Deviation Report. Adverse Event Reporting in Final Study Clinical Report. Difference between the US and EU Definitions and Reporting of Adverse Events. Adverse Event Reporting Challenges. Minimization of Bias in Clinical Trials. 3. Selection of Historic Controls. Types of Control Group in Medical Device Clinical Trials. Purpose of Control Group. Use of Placebo Control. Advantages of Randomized Control Clinical Trials. Disadvantages of Randomized Control Clinical Trials. Commonly Used Pivotal Designs. Definition of Historic Control. Objective Performance Criteria (OPC). Examples of Clinical Studies with Historic Controls. LACI Clinical Study. Left Ventricular Assist Devices. Summary of Clinical Studies. Summary of Recommendations for Historic Control. 4. Fraud and Misconduct in Clinical Trials. Fraud and Misconduct in Clinical Trials. Warning Signs of Fraud. Tips for Detecting Serious Misconduct. False Claims Act. Fraud Prevention. Policy on Handling Complaints of Misconduct. Reporting Research Misconduct. Bioresearch Monitoring Information System (BMIS). 5. Challenges to the Regulation of Medical Device. Determination of 510(K) Devices. 510(K) "Substantial Equivalence Decision Making Process". Determination of Nonsignificant Risk Devices (NSR). Similarities and Differences between Medical Device and Drug Regulations in Clinical Trials. Definitions of Drugs and Devices. Combination Products. FDA Sponsor Meetings. BIMO Inspection. Investigator-Initiated Clinical Trials. 6. Challenges of Global Clinical Studies and the CE Mark Process. Global Trial Considerations. Global Harmonization Task Force Challenges. FDA Recommendations on Acceptance of Foreign Clinical Sites. Operational Tips on Conductance of Global Clinical Trials. CE Mark Process and Challenges. International Standard ISO 14155. Differences between FDA and CE Mark Clinical Trials. Challenges to CE Mark Studies. 7. Challenging FDA PMA Cases. PMA P970029 (TMR 2000 Holmium Laser System). PMA P040012 Carotid Stenting for Treating Carotid Disease. Historic Control Assumptions. Use of Angiographic Late Loss as Primary Endpoint in Drug-Eluting Stent PMA P070015 (Xience V DES). 8. Bioethics in Clinical Research. Bioethical Challenges in Clinical Studies. Good Clinical Practice for the Investigator. WHO Principles of GCP. Guidelines and Ethical Principles. IRB Review Process. Glossary of Clinical, CE Mark, and Statistical Terms. References. Index.
Investors must be held to account for their flawed contributions or otherwise wrongful conduct, but exactly what 'holding to account' means remains an enigma. Opinions vary on whether such circumstances are relevant to admissibility, jurisdiction, liability, or remedies. Reasoning from certain proposed axioms, this book suggests that such circumstances are only relevant to liability, meaning that the legal concepts that they activate, contributory fault and illegality, are defences. Three defences are identified: mismanagement, investment reprisal, and post-establishment illegality. While they might lack formal recognition, arbitral tribunals have implicitly applied them in multiple investment arbitrations. In detailing their legal content, special attention is paid to resolving the problems that they raise relating to causation, apportionment of liability, distinguishing these defences from their conceptual cousins, and arbitral tribunals' jurisdiction over pleas based on investor misconduct. The result is a restatement of the rules on contributory fault and investor misconduct applicable in investment arbitrations.
Conjugal Misconduct reveals the hidden history of controversial and legally contested marital arrangements in twentieth-century America. William Kuby examines the experiences of couples in unconventional unions and the legal and cultural backlash generated by a wide array of 'alternative' marriages. These include marriages established through personal advertisements and matchmaking bureaus, marriages that defied state eugenic regulations, hasty marriages between divorced persons, provisional and temporary unions referred to as 'trial marriages', racial intermarriages, and a host of other unions that challenged sexual and marital norms. In illuminating the tensions between those who set marriage policies and those who defied them, Kuby offers a fresh account of marriage's contested history, arguing that although marital nonconformists composed only a small minority of the population, their atypical arrangements nonetheless shifted popular understandings of marriage and consistently refashioned the legal parameters of the institution.
Providing the tools necessary for a robust debate, this fully revised and updated second edition of Ethics in Science: Ethical Misconduct in Scientific Researchexplains various forms of scientific misconduct. The first part describes a variety of ethical violations, why they occur, how they are handled, and what can be done to prevent them along with a discussion of the peer-review process. The second presents real-life case studies that review the known facts, allowing readers to decide for themselves whether an ethical violation has occurred and if so, what should be done. With 4 new chapters and an updated selection of case studies, this text provides resources for guided discussion of topical controversies and how to prevent scientific misconduct. Key Features: Fully revised and updated text which explains the various forms of scientific misconduct. New chapters include hot topics such as Ethics of the Pharmaceutical Industry, The Responsibility of Science to the Environment and Summary of Ethics Guidelines of STEM Professional Societies. Provides the necessary tools to lead students in the discussion of topical controversies. Includes descriptions of real ethical case studies, a number of which are new for the Second Edition. This book is applicable to any science and any level of education.
This is the Introduction to Prosecuting the President: How Special Prosecutors Hold Presidents Accountable and Protect the Rule of Law (Oxford University Press 2019). The first special prosecutor was appointed by President Ulysses S. Grant in 1875, to investigate a bribery scandal involving his close friends and associates. Ever since, presidents of both parties have appointed special prosecutors and empowered them to operate with unusual independence. Also called special counsels and independent counsels, such appointments became a standard method for neutralizing political scandals and demonstrating the President's commitment to the rule of law. Special counsel Robert Mueller is the latest example. In Prosecuting the President, Andrew Coan offers a highly engaging look at the long, mostly forgotten history of special prosecutors in American politics. For more than a century, special prosecutors have struck fear into the hearts of Presidents, who have the power to fire them at any time. How could this be, Coan asks? And how could the nation entrust such a high responsibility to such subordinate officials? With vivid storytelling and historical examples, Coan demonstrates that special prosecutors can do much to protect the rule of law under the right circumstances. Many have been thwarted by the formidable challenges of investigating a sitting President and his close associates; a few have abused the powers entrusted to them. But at their best, special prosecutors function as catalysts of democracy, channeling an unfocused popular will to safeguard the rule of law. By raising the visibility of high-level misconduct, they enable the American people to hold the President accountable. Yet, if a President thinks he can fire a special prosecutor without incurring serious political damage, he has the power to do so. Ultimately, Coan concludes, only the American people can decide whether the President is above the law.
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