The article presents the argument that administrative decision-making should be understood as devoted to balancing between conflicting interests of individuals or groups, usually when none of the affected parties has predefined legal rights that are relevant to the substantial content of the administrative decision. Administrative decisions often have a direct effect not only on human and civil rights issues, but also on matters bearing on the quality of life, living conditions, prices of regulated products, and the allocation (...) of government funds. Since the decision as to which interest should prevail in the conflict is a distributive one and has many possible answers, the role of administrative law is primarily to ensure that these decisions are made fairly, with due weight given to the conflicting interests of the various groups and individuals involved. With this as background, the article shows how the doctrines of positive administrative law are designed to meet the challenge of coping with conflicting interests in the administrative decision-making process, using such examples as the prohibitions against decision-makers’ conflicts of interest and the rules regarding interest representation and judicial review. In the second part, the article applies the interest perspective to the administrative decision-making process in order to analyze the highly extensive regulation of land resources in Israel. The analysis concentrates on the Israeli Supreme Court decision in one of the most controversial petitions brought before it: against administrative decisions on the development of formerly agricultural lands. (shrink)

Various due process provisions designed for use by civil servants in administrative decision-making may become redundant when automated decision-making is taken into use in public administration. Problems with mechanisms of good government, responsibility and liability for automated decisions and the rule of law require attention of the law-maker in adapting legal provisions to this new form of decision-making. Although the general data protection regulation of the European Union is important in acknowledging automated decision-making, most of the legal safeguards within (...) administrative due process have to be provided for by the national law-maker. It is suggested that all countries have a need to review their rules of administrative due process with a view to bringing them up to date regarding the requirements of automated decision-making. In whichever way the legislation is framed, the key issues are that persons who develop the algorithm and the code as well as persons who run or deal with the software within public authorities are aware of the preventive safeguards of legality in the context of automated decision-making, not only of the reactive safeguards constituted by the complaint procedures, and that legal mechanisms exist under which these persons can be held accountable and liable for decisions produced by automated decision-making. It is also argued that only rule-based systems of automatized decision-making are compatible with the rule of law and that there is a general interest in preventing a development into a rule of algorithm. (shrink)

Due Process is one of the most interesting and conceptually challenging areas of the common law, and in recent years there has been a major revival of interest in the sheer range and applicability of the term. In this major new book, the author of the widely admired Discretionary Powers offers a study of the underlying principles of due process and fair procedures, and sets the discussion within a broad comparative and theoretical framework. In landmark decisions such as Ridge v. (...) Baldwin the courts in Britain and other parts of the Commonwealth have begun to recognize the importance of procedural fairness across a broad spectrum of official powers and decisions. Principles have begun to emerge, and yet the courts have not yet developed an approach which is entirely adequate to the task. In this timely book, the author traces the development of these principles within a framework which includes analysis and critique of legal developments in the major common law jurisdictions, and which relates these developments to similar ideas under both the European Convention on Human Rights and the American Constitution. Original, scholarly and thought-provoking, this major new study will be required reading for lawyers with interests in public law, civil and criminal procedure, civil liberties, legal theory and comparative law. (shrink)

This paper presents two projects concerned with the application of natural language processing technology for improving communication between Public Administration and citizens. The first project, GIST,is concerned with automatic multilingual generation of instructional texts for form-filling. The second project, TAMIC, aims at providing an interface for interactive access to information, centered on natural language processing and supposed to be used by the clerk but with the active participation of the citizen.

The study aimed to identify the role of administrative procedures and systems in enhancing the performance of the educational institutions in the Islamic University in Gaza. To achieve the research objectives, the researchers used the analytical descriptive approach to collect information. The researchers used the questionnaire distributed to three categories of employees at the Islamic University (senior management, faculty members, their assistants and members of the administrative board). A random sample of 314 employees was selected and 276 questionnaires (...) were retrieved with a recovery rate of 88.1%. The Statistical Analysis Program (SPSS) was used to enter process and analyze data. The results of the research showed a positive role for the administrative procedures and systems in enhancing the performance of the Islamic University from the point of view of the members (senior management, teaching staff and their assistants and the administrative body), where the relative weight of all the paragraphs (73.728%). The analysis of the results revealed that the administrative procedures at the Islamic University in Gaza are used to an acceptable degree. The relative weight of all the paragraphs is 70%. This indicates a relationship between administrative procedures and regulations and the performance of the Islamic University in the Gaza Strip. The study found that there was a good degree of approval from the sample regarding the administrative procedures and their relationship to the job performance. There exist a sufficient degree of powers to the deans and department managers to carry out their tasks, with the use of plans as control tools. And that there are rules and procedures provided for decision-making in the University Council. It also has full powers to manage the university to improve the teaching and learning environment. The researchers also recommended a number of recommendations, including the need to follow up on the procedures and systems of management and update them continuously in the light of changes that may occur and to ensure the existence of a strong system of electronic information systems within the university. There is a need to provide mechanisms for obtaining information about the surrounding external environment, and effective mechanisms to provide managers with the necessary information in a timely manner. The importance of providing channels of communication that enables staff to communicate information about any violations and breaches. The study also recommended the follow-up, review, procedures and administrative systems, and work to modify them in line with the mission of the university and the objectives that the university seeks to reach. (shrink)

Administrative justice receives varying emphasis in different jurisdictions. This article explores empirical legal studies, which fall on either side of the decision making-and-review dividing line. It then seeks to link research on the impact of dispute resolution and on-going administrative practices. The article also highlights limitations in existing impact research, focusing on the tendency to examine single dispute resolution mechanisms in isolation from others. Furthermore it suggests some future directions for empirical administrative justice research. It also explores (...) the potential of legal consciousness research for empirical administrative justice scholarship, and suggests new territories for administrative justice researchers: criminal justice processes and administrative activities of private agencies. It concludes by presenting an argument that a mapping of administrative justice institutions, both historically and cross-jurisdictionally, can reveal much about how relationships between citizens and administrative agencies may shift across time and space. (shrink)

As public administrations adopt artificial intelligence (AI), we see this transition has the potential to transform public service and public policies, by offering a rapid turnaround on decision making and service delivery. However, a recent series of criticisms have pointed to problematic aspects of mainstreaming AI systems in public administration, noting troubled outcomes in terms of justice and values. The argument supplied here is that any public administration adopting AI systems must consider and address ambiguities and uncertainties surrounding two key (...) dimensions: the algorithms’ results, and how public managers make decisions for and about AI systems’ design. The article is based on bibliographic research in institutional theory perspective that relates the design of AI systems and relevant literature on the decision-making process in public policy. The main finding is to explain why autonomous decision systems continue to reproduce ambiguities and uncertainties when applied in public administration and propose a reflection on AI governance in public administration. This article points to the need for design institutions that immerse themselves in understanding the nuances, details, and potential outcomes of AI governance for public administration. Such institutions would reconcile consequentialist logic with a logic of appropriateness to help navigate and mediate ambiguities and uncertainties. (shrink)

The administration of pro re nata medications is the responsibility of the nurse. However, ethical uncertainties often happen due to the inability of incapacitated patients to collaborate with the nurse in the process of decision making for pro re nata medication administration. There is a lack of integrative knowledge and insufficient understanding regarding ethical considerations surrounding the administration of pro re nata medications to incapacitated patients. Therefore, they have been discussed in this paper and practical strategies to avoid unethical practices (...) have been suggested. The complicated caring situation surrounding the administration of pro re nata medications is intertwined with ethical issues affecting the consideration of the patient's wishes and interventions that override them. The patient's right of autonomy and treatment refusal, surrogacy role, paternalism, and coercion are the main ethos of ethical pro re nata medication administration. Education and training can help nurses avoid legal and ethical issues in pro re nata medicines management and improve the quality and safety of healthcare. Empirical research is needed to improve our understanding of this phenomenon in the multidisciplinary environment of medicines management. (shrink)

The conflict of administrative morality among civil servants at the grassroots level arises from the background of China’s long-standing traditional culture, and the current administrative system cannot keep up with the pace of economic development. In the process of grassroots management, due to the lag in the construction of administrative morality, the traditional official standard thinking, the imperfection of the current system, and the restriction of human nature, it is easy to cause the administrative moral conflict (...) of the grassroots civil servants in practice. This paper takes the interpersonal society as the research background, analyzes the influence of the interpersonal society on the environment, and studies the administrative ethics conflicts and governance issues of basic civil servants from the interpersonal background. In addition, this paper conducts a more detailed field investigation based on fuzzy cluster analysis, analyzes the manifestations and causes of the administrative moral conflict of grassroots civil servants in the context of human society from multiple perspectives and levels, and then proposes countermeasures to solve the administrative moral conflict. The administrative moral conflict and governance of grass-roots civil servants under the background of interpersonal relationship is of great positive significance for solving the administrative moral conflict and improving the service awareness and service level of grass-roots civil servants. (shrink)

Das Insolvenzrecht gehört zu dem Kernbestand der Regelwerke, die das Vertrauen der Rechtsgenossen in eine Rechtsordnung sichern. Es regelt die Bedingungen allseitiger Haftung eines Schuldners und steckt damit zugleich den Rahmen ab, innerhalb dessen die Gläubiger erwarten können, dass ihre Rechte in einer und durch eine Reorganisation und Sanierung des schuldnerischen Unternehmens gewahrt werden. Die faktische Wirkung des Insolvenzrechts endet nicht an nationalstaatlichen Grenzen. Das Insolvenzverfahren ist nach seinem Anspruch auf universelle Geltung angelegt. In fast allen Mitgliedstaaten der Europäischen Union (...) gilt heute als innerstaatliches Recht ein gemeinsames Recht grenzüberschreitender Insolvenzverfahren. Dieses gemeinsame europäische Recht strahlt auf die innerstaatlichen Reformbemühungen aus - es hat Einfluss auf die Insolvenzgesetzgebung. Die innerstaatlichen Gesetzgebungen werden zudem von UNCITRAL-Modellgesetzgebungen beeinflusst. Die wissenschaftliche Diskussion geht zusehends auf die damit ausgelösten Konvergenzbewegungen ein; die Praxis bedarf rechtsdogmatischer Aufklärung über die komplexer werdenden Regelungen des Insolvenzrechts und der Unterrichtung über die Strukturen und Problemstellungen ausländischer europäischer und außereuropäischer Insolvenzrechte, auch und gerade in ihrer Wechselwirkung mit dem deutschen Recht. Die Schriftenreihe der DZWIR ist ein Forum dieser Diskussionen. Sie wird in loser Folge monographische Untersuchungen zu Grundsatzfragen des deutschen, europäischen und internationalen Insolvenzrechts veröffentlichen. Damit leistet diese Schriftenreihe einen Beitrag ebenso zur rechtsdogmatischen Klärung von Streitfragen wie nicht minder zur Unterstützung der europäischen Integration der nationalstaatlichen Insolvenzrechte. (shrink)

A user-friendly textbook for students and teachers, The Philosophy of Public Administration covers all aspects of the public administration and management process as an instrument of serving the public. It lays a sound foundation of the basic principles and values, and it facilitates excellence in all the varied circumstances a professional public manager/administrator may encounter in practice. An MS PowerPoint presentation is also available on CD-ROM for instruction.

The question of whether lies by those who govern are acceptable receives a clear focus and an ideal case in the Republic. Against C. D. C. Reeve, and T. C. Brickhouse and N. D Smith, I argue that the Republic’s apparent recommendation of administrative lies is incoherent. While lies may be a necessary part of the City’s administration, the process and practice of lying undermines that nature which is necessary for any suitable ruler – rendering the ideal impossible. I (...) argue that this analysis, while concerned with an ideal case, also applies to the political realist’s regrettable-but-necessary defence of such practices. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in (...) the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

The study aimed to identify the knowledge management processes and their role in achieving competitive advantage at Al-Quds Open University. The study was based on the descriptive analytical method, and the study population consists of academic and administrative staff in each of the branches of Al-Quds Open University in (Tulkarm, Nablus and Jenin). The researchers selected a sample of the study population by the intentional non-probability method, the size of (70) employees. A questionnaire was prepared and supervised by a (...) number of specialists in order to obtain the results of the study. The study concluded that there is a positive direct relationship, that is, the higher the degree of application of knowledge management processes, the greater the degree of competitive advantage. Knowledge Technology came first with a score of 80.02% on all items. Competitive advantage came second with 81.74%. In the third place came "knowledge generation" where the total score on all paragraphs in this area (78.24%). In the fourth place, "knowledge transfer" (77.21%). "Developing and storing knowledge" came in fifth place (77.13%). "Acquisition of knowledge" came in sixth place (76.45%). Knowledge Organization ranked seventh (74.26%). The study recommended that the university should enable the employees to benefit from the experiences and expertise available to help generate knowledge. The University encourages the creation of knowledge through the system of incentives and open the way for creators to apply their creations and spread and invest in excellence and creativity. The university should design work performance levels based on the integration of knowledge and organize it according to policies that support freedom of research. The need for Palestinian universities to adopt a knowledge management approach. The need to adopt a system of incentives that rewards cognitive efforts, and give workers enough freedom to enable them to apply their knowledge. (shrink)

This work examines the development and performance of federal independent regulatory bodies in Canada in the period up to 1979, with particular attention to the operation of legislative schemes that include executive review and appeal powers. The author assesses the impact of the exercise of these powers on the administrative law process, and proposes new models for the generation, interpretation, implementation, review, and enforcement of regulatory policy. The study includes a series of representative case studies based on documentation and (...) extensive interviews with individuals drawn from government, agencies, and other parties, including counsel for public interest groups. This enables author, writing from her experience as a participant-observer embedded in the public interest legal sector, to draw on the experiences and perspectives of a broad range of participants in the regulatory process, including but not limited to those dealing with the regulated energy, transportation, communications, and foreign investment sectors. Legal principles identified as emergent in leading judicial decisions in administrative law are used to assess the powers and practices used in executive reviews and appeals. The author finds those powers and practices to be flawed and proposes changes. The proposed models are designed to accord with emerging legal principles and avoid flaws of the types identified in the review and appeal provisions. This work, written under contract with the Administrative Law Project of the Law Reform Commission of Canada, formed one part of a comprehensive study of administrative law at the federal level in Canada. (shrink)

This article identify catalysts of synthetic economic crisis. These catalysts are the subject of transnational corporations, international financial, trade organizations, regional integration groupings. Generalized mechanism for the flow of synthetic economic crisis and their types. This article also proves that the response of governments to the process flow of synthetic economic crisis with the help of the classical fiscal, monetary and administrative-legislative instruments are not effective.

Law as one sign system can be recorded and interpreted by another sign system—media. If each transaction in court is taken as a sign, it can be interpreted or transferred by different signs of media for the same purpose, though with different effects. This study focuses on the transformative effects of the semiotic revolution in media on law. The present research revealed that the evolution of media has driven the administration of justice to pay more attention to the process of (...) court proceedings. This research also discusses the semiotic conflict and compatibility between the sign subsystems within media upon interpreting the administration of justice. In addition, disequilibrium between different sign systems highlights the consequent need for intersemiotic translation, consciousness and evaluation as part of decision making on court domains. (shrink)

The practice of covertly administering medications to patients without their consent is often discussed in the framework of legal questions around the right of patients to consent and refuse medical treatment. However, this practice also raises significant questions surrounding the professional duties and obligations of health care professionals as it relates to the decision-making process of whether to engage in the covert administration of medications. In this paper, I present an overview of the origin of those duties and obligations, and (...) discuss how those duties and obligations when seen from different perspectives may either justify or prohibit the practice. Further, I discuss whether the duties and obligations of health care professionals as they are currently framed are suited to address the complexities of this issue both from the health care professional and patient perspectives. This analysis is conducted in the context of duties and obligations that arise from not only legal framework but also from the ethical requirements from professional codes of ethics. (shrink)

Linkage of population-based administrative data is a valuable tool for combining detailed individual-level information from different sources for research. While not a substitute for classical studies based on primary data collection, analyses of linked administrative data can answer questions that require large sample sizes or detailed data on hard-to-reach populations, and generate evidence with a high level of external validity and applicability for policy making. There are unique challenges in the appropriate research use of linked administrative data, (...) for example with respect to bias from linkage errors where records cannot be linked or are linked together incorrectly. For confidentiality and other reasons, the separation of data linkage processes and analysis of linked data is generally regarded as best practice. However, the ‘black box’ of data linkage can make it difficult for researchers to judge the reliability of the resulting linked data for their required purposes. This article aims to provide an overview of challenges in linking administrative data for research. We aim to increase understanding of the implications of the data linkage environment and privacy preservation; the linkage process itself and linkage quality and potential bias in linked data. We draw on examples from a number of countries to illustrate a range of approaches for data linkage in different contexts. (shrink)

Due process is the means by which ethical constraints are placed on administrative decision-making. I have developed a model of variation in due process and use this model to explore the implementation of “due process” norms by three standard-setting bodies that are created, funded, and overseen by the Canadian Institute of Chartered Accountants – the Accounting Standards Board, the Auditing and Assurance Standards Board, and the Public Sector Accounting Standards Board. I conducted two analyses: a comparative analysis of the (...) implementation of due process norms based on differences among the three cases; and, a critique of the due process norms followed by these boards based on their internal logic and a set of best practices identified in other contexts for due process by standard setters. I have presented evidence that due process norms are more fully developed, where standards are enforced by the state and the heterogeneity of users is greatest. (shrink)

The process of risk assessment of biotechnologies, such as genetically modified organisms (GMOs), has normative dimensions. However, the US’ Food and Drug Administration (FDA) seems committed to the idea that such evaluations are objective. This essay makes the case that the agency’s regulatory approach should be changed such that the public is involved in deciding any ethical or social questions that might arise during risk assessment of GMOs. It is argued that, in the US, neither aggregative nor deliberative (representative) democracy (...) ought to be used to make such determinations. Instead, participatory (deliberative) democracy should be the means by which members of the polity decide which normative concerns ought to underlie FDA’s assessment of GMOs. This paper uses a hypothetical case involving a new GM seed to make that argument. (shrink)

The penetration process of structures traditionally assigned to civil law into administrative law, especially administrative law aiming environmental protection, has been more noticeable through recent years. This process resulted in deepening the absence of a clear separation of private law norms from public law norms. It led to the existence of so-called quasi civil solutions, which can be found for example in the Act on prevention from damages in environment and its repair. Their specificity consists in the fact (...) that they cannot be regarded as civil law structures due to the differences between them and the civil law structures. This legal status sets new challenges for legal theorists as well as practition- ers. They concentrate on interpretation of administrative law provisions which were penetrated by civil law structures, taking into account differences between interpretation of administrative and civil law provisions. We should not reject specific character of the civil law provisions’ interpretation and interpret these provisions only by taking into account specificity of administrative law inter- pretation. Civil law institutions are characterized by a larger field for action, which is left for parties or performers, in comparison to the institutions of ad- ministrative law. This specificity of civil law structures should be considered as its advantage that should not be removed in the activities of public authorities. (shrink)

From 2010 to 2020, Indonesia’s tax-to-gross domestic product (GDP) ratio has been declining. A tax-to-GDP ratio trend of this magnitude indicates that the tax authority lacks the capacity to collect taxes. The tax administration system’s modernization utilizing information technology is thus deemed necessary. Artificial intelligence (AI) technology may serve as a solution to this issue. Using the theoretical frameworks of innovations in tax compliance, the cost of taxation, success factors for information technology governance (SFITG), and AI readiness, this study aims (...) to analyze the costs and benefits, the enablers and inhibitors, and the readiness of the government and related parties to apply AI to modernize the tax administration system in Indonesia. This study used qualitative approaches for the data’s collection and analysis. The data were obtained through a literature study and in-depth interviews. The findings show that AI application in the field of taxation can assist tax authorities in enforcing the law, provide taxpayers with convenience in fulfilling their tax obligations, improve justice for all taxpayers, and reduce tax compliance costs. The openness of Indonesia to technological developments, as evidenced by the AI National Strategy, is a supporting factor in the application of AI in Indonesia, particularly for the modernization of the tax administration system. The absence of specific regulations governing AI adoption, as well as a lack of human resources that can help the tax administration process, data, and infrastructure already support, are the impediments to implementing AI for the modernization of the tax administration system in Indonesia. (shrink)

The article concerns the actual impact of courts controlling the activity of public administration on the direction of its activities and the content of issued decisions. In particular, it concerns sovereign individual decisions that affect the sphere of civil rights and freedoms. The aim of the article is to seek an answer to the question of whether independent judges actually participate in the process of management in the public sphere, which is characterised by elements of politics and whether such participation (...) is allowed or necessary in modern rule of law states. The main argument is that regardless of whether the courts controlling the administration have reformatory or exclusive cassation powers, they influence the decision-making process in the public sphere. At the same time, such influence not only does not violate the fundamental values of the rule of law, but is even sometimes necessary. This does not mean that courts should interfere in the management processes in the public sphere in every case. (shrink)

On January 18, 2011, President Obama signed Executive Order 13563, Improving Regulation and Regulatory Review, which instructs federal regulators to do the following: coordinate their agencies activities to simplify and harmonize rules that may be overlapping, inconsistent, or redundant; determine whether the present and future benefits of a proposed regulation justify its potential costs (including taking into account both quantitative and qualitative factors); increase participation of industry, experts, and the public (“stakeholders”) in the formal rule‐making process; encourage the use of (...) warnings, default rules, disclosure requirements, and provisions of information to the public as an alternative to traditional “command‐and‐control” rule‐making restricting consumer choice; and mandate a government‐wide review of all existing administrative rules to remove outdated regulations. Executive Order 13563 includes a qualitative “values” provision to be considered in the required cost–benefit analysis, which can potentially counteract the alleged regulatory reform rationale of President Obama. Furthermore, in Executive Order 13563, President Obama established a deadline of May 18, 2011, for all executive branch agencies to submit their plans to streamline their rulemaking operations and repeal those “overlapping, inconsistent, or redundant” rules. These two issues, along with complementary regulatory review proposals being discussed in the U.S. Congress, are evaluated in this essay. (shrink)

The term “evolution” is often used in the administrative sciences to designate dynamic processes of change in general. In biology, evolution has a very specific meaning, namely the application of a generative variation-selective retention scheme to change. Applying this to the administrative sciences is more exacting: describing what the variation consists of, how replication of the generated variation occurs and delineating the population from which the selection is made are far from easy. While it is the intention of (...) this special issue as a whole to provide some empirical examples of evolutionary change in the public and private sectors, this introduction will lay out the main lines of thought in what is often referred to as universal Darwinism and what this means in the administrative sciences. Key concepts here are generative variation, selective retention, and selective institutional environment. According to the authors, the Darwinian scheme of evolutionary theory focuses on how new ideas or concepts arise, how they propagate and influence wider actor thinking and on how the institutional environment in which they operate affects their differential survival. This evolutionary process is an interplay between actors and replicators (sounds, images, and in this context mostly words) in which it cannot be said in advance which one is fooling the other. (shrink)

The term “evolution” is often used in the administrative sciences to designate dynamic processes of change in general. In biology, evolution has a very specific meaning, namely the application of a generative variation-selective retention scheme to change. Applying this to the administrative sciences is more exacting: describing what the variation consists of, how replication of the generated variation occurs and delineating the population from which the selection is made are far from easy. While it is the intention of (...) this special issue as a whole to provide some empirical examples of evolutionary change in the public and private sectors, this introduction will lay out the main lines of thought in what is often referred to as universal Darwinism and what this means in the administrative sciences. Key concepts here are generative variation, selective retention, and selective institutional environment. According to the authors, the Darwinian scheme of evolutionary theory focuses on how new ideas or concepts arise, how they propagate and influence wider actor thinking and on how the institutional environment in which they operate affects their differential survival. This evolutionary process is an interplay between actors and replicators (sounds, images, and in this context mostly words) in which it cannot be said in advance which one is fooling the other. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Working on the Clinton Administration's Health Care Reform Task ForceNancy Neveloff Dubler (bio)This narrative is based on my understanding of the elements of the Health Security Act that may have ethical implications. I have reconstructed these elements from my experience on the Health Care Reform Task Force and they are part of the health care plan that the President presented to Congress. (At the time this article went to (...) press, the actual legislation, which should answer my remaining specific questions more clearly, had not yet been released.) I perceive the most important features of the plan to be:• The legislation will create a "right" to health care for all citizens—access to care will be universal;• The plan will involve some form of managed competition in which groups of providers (called Approved or Accredited Health Plans (AHPs)) will offer comparable benefit packages at slightly (or widely) different costs;• The AHPs will negotiate with the Health Alliance (HA) to determine the price that they will charge their consumer-patients;• There will be open enrollment with no barriers to coverage, such as exclusions for pre-existing conditions;• Community rating will be in effect in different localities and enrolled persons in any AHP will pay the same premium;• The coverage for any enrolled person will be portable;• The overall structure will be a cooperative federal/state enterprise in which the states will have quite extensive abilities to fashion variations of the basic plan to meet their particular needs;• Primary care will be encouraged and incentives for physicians to train in primary care specialties provided;• Non-physician providers will be central to the functioning of the health care plans;• Efforts will be made to develop a "person power" pool so that people with an abstract "right" to health care will have real access to providers, in their localities, who can fulfill the promise that the right creates; [End Page 421]• The goal of cost containment will be central to the organization and regulation of the system;• Administrative simplicity and quality protections will be central.Co-chairing the Bioethics Working Group (BWG) of the White House Task Force on Health Care Reform was a unique experience. Approximately 40 Task Force working groups were established by Hillary Rodham Clinton, the President, and the senior Task Force staff. Various members of the President's office and other knowledgeable members of the Executive Branch selected the participants. In our group, appointments were made largely on the recommendations of the co-chairs. The BWG, among the last of the groups formed, carried the official name "The Working Group on the Ethical Foundations of the New System" and was jointly led by me and Marion Gray Secundy, a Professor of Bioethics at Howard University. The fact that the leadership of the Task Force saw fit to establish such a group, thereby confirming that bioethics is a player in the arena of health care policy, was in itself significant and was made no less so by the lack of clarity regarding the group's aims and goals.The working groups of the Task Force were organized into clusters, determined by the relatedness of the somewhat distinct, but always overlapping, content of their investigations. Separate clusters and working groups, for example, looked at mental health, long term care, and the benefit package and coverage for low-income and non-working families. On this last issue there was also a working group that explored health policy initiatives for underserved populations. This multiple focus on related issues proved to be an excellent method for ensuring that the complexity of these topics was sufficiently explored. There was a published schedule for when these groups met together, and members of other groups who had similar or overlapping concerns were invited to attend and to participate.Every week or so, all of the working groups reported to the Task Force leadership, under the direction of Ira Magaziner, in a process called a "tollgate." Prior to the tollgate, the working groups were required to submit formal written analyses of the problems they had most recently been considering. Copies of these documents were placed in a special room so that those who were interested could review... (shrink)

The purpose of this paper is to analyze what some private universities are doing in the area of mediation and other alternative ways of solving faculty complaints – what some term "alternative dispute resolution." Special attention will be given to one of the most important ethical issues in this area at the operating level of individual universities – the due process procedures with respect to the processing of the grievances of individual faculty members in nonunionized colleges. The paper concludes with (...) recommendations for university administrators and faculty senates, as well as recommendations for future research. (shrink)

Causes often influence their effects via multiple routes. Moderate alcohol consumption can raise the level of HDL ('good') cholesterol, which in tum reduces the risk of heart disease. Unfortunately, moderate alcohol consumption can also increase the level of homocysteine, which in tum increases the risk of heart disease. The net or overall effect of alcohol consumption on heart disease will depend upon both of these routes, and no doubt upon many others as well. This is a familiar fact of life (...) for engineers and policy makers, one that often gives rise to unintended consequences. Suppose, for example, that the American Federal Aviation Administration were to institute new regulations requiring that aeroplanes be equipped with some expensive new safety feature. Would this regulation save lives? Not necessarily. Every dollar (or pound, or euro, or yen ... ) that an airline spends to upgrade its fleet is a dollar that must be recouped in some way, most likely through higher fares. Higher fares may, in tum, persuade some travellers to drive instead of fly- especially on shorter routes. But it is inherently more dangerous to drive a given route than to fly it, so the net effect of the new regulation may cost lives, rather than saving them (Glassner 1999: 188). (shrink)

Ethical decision-making in school administration has received considerable attention in educational leadership literature. However, most research has focused on principals working in secondary school settings while studies that explore ethical reasoning processes of academic deans have been significantly few. This qualitative study aims to describe the ethical decision-making processes employed by a select group of Filipino college deans in solving ethical dilemmas using the ethical paradigms proposed in the works of Starratt (Educ Adm Q 27:185–202, 1991) and Shapiro and Stefkovich (...) (Ethical leadership and decision-making in education: applying theoretical perspectives to complex dilemmas, 2005) as frameworks for the analysis. Data was gathered using semi-structured interviews and field text was analyzed using deductive thematic analysis. Findings of this study show that majority of the deans chose to share ethical dilemmas involving students and teachers. The findings also show the ethical frameworks of care, justice, and profession as the dominant paradigms utilized by Filipino deans and their preference for adopting multiple ethical frameworks when making their decisions. Most of the ethical dilemmas which the deans narrated relate to their tasks of academic administration such as monitoring student performance, faculty evaluation and maintaining school discipline. Interestingly, only a few dilemmas involving university administrators were expressed, and dilemmas that refer to broader societal issues usually associated with school administrators’ utilization of the ethic of critique were also significantly left out in the narratives of this study. This paper intends to contribute to current literature by expanding research to administrators working in the context of higher education in the Philippine setting. The findings of this study could serve as knowledge base in designing ethics courses to enhance educational leaders’ ethical decision-making skills. The study also provides useful insights of ethical decisions and reasoning processes employed by academic administrators in resolving real life ethical dilemmas that could be useful at the practical level for aspiring and practicing deans. (shrink)

The public interest in the administration of justice requires access to justice for all. But access to justice must be “meaningful” access. Meaningful access requires procedures, processes, and institutional structures that facilitate communication among participants and decision-makers and ensure that judges and other decision-makers have the resources they need to render fully informed and sound decisions. Working from that premise, which is based on a reconceptualization of the objectives and methods of the justice process, the author proposes numerous specific changes (...) in decision-making processes and practices. These changes are required to achieve a standard of decision-making that is consistent with the public interest in the administration of justice within a constitutional framework under the social and political conditions of the early 21st century. The essay illustrates the application of the principles and methods of legitecture to analysis of problems of institutional design in law. (shrink)

In the article, we analyse ethical and moral issues of public administration in region of Eastern Slovakia through some cases of the last years. We focused on self-governing regions, namely the Košice and Prešov self-governing regions. We identified two fundamental situations where failures on the side of public administrators occur: selection processes for vacant positions, be it directly in public administration or institutions that fall under its domain, and public procurement with regard to the acquisition of goods and services. The (...) year 2009 was the year of elections to self-governing regions which is why a great number of negative cases dealt with the election campaign. Further, we stated that negative cases dealt with failures of bodies of self-governing regions from both the legal (breaking the law) and moral viewpoint. By claiming that public administrators failed morally, we meant breaking moral norms and rules. Contradictions, which were identified (from the ethical viewpoint), predominantly result from the conflict between public and private interests. In many cases, private interests of public administrators are preferred at the expense of public interests. And it is exactly this preference (a conflict of interests) that is sensitively perceived by the public. (shrink)

Over the past decade, support for reexamining and reconsidering the U.S. model of ethics review for protocols involving research with humans has grown, particularly for studies involving participants from multiple locales and organizations. The HMO Research Network received an infrastructure-building contract in 2004 that enabled us to evaluate issues in multi-institutional IRB review, examine possible changes, and propose a new model. We conducted key informant interviews and held meetings with IRB personnel, administrators, and researchers, eventually resulting in networkwide agreement to (...) pilot an alternative model of IRB review for minimal-risk, data-only studies that only entailed use of computerized data from our network sites. This article describes the organizational and interpersonal processes that led to the successful establishment of this alternative model, to inform other research consortia considering new multisite review models. (shrink)

Scholars have revealed how moral evaluation is woven into formal administrative processes. While research examining these dynamics tends to assume that a person’s naturalized identity (such as race and gender) precedes administrative processing, we argue that social categorization by administrators is the tacit precondition upon which further processing takes place. We make this argument by looking at a set of unusual cases: parole hearings where prisoners fall outside of, conflict with, or move between categories of gender, sexuality, race, (...) and ability. We find that categorization acts as a prerequisite to moral evaluation. When administrators cannot easily categorize a prisoner, they resolve this uncertainty by denying parole. Yet, social categorization can also serve as a pathway to moral approval and administrative allocation. In certain situations, administrators encourage prisoners’ identification with a new social category as proof that they are deserving of parole. In both cases, successful administrative categorization occurs through a combination of what we call narrativization, or crafting a narrative around one’s identity that aligns with administrators’ presumptions, and authorization, or marshalling official evidence from prior classification moments to support identity claims. These insights extend our understanding of classification, moral evaluation, and the administrative reproduction of inequality. (shrink)

The article is devoted to revealing the phenomenon of contemporary changes in the language space, in accordance with the processes of transition that take place in the economy of Ukraine in the context of knowledge representation, neuro-modeling and artificial intelligence. The relevance and expediency of the study are due to the uncertainty to some extent of innovative processes occurring in the development of the contemporary Ukrainian language in connection with the transitional processes in the economy. The relevance of the study (...) is determined by: 1) the importance for contemporary linguistics of identifying and describing the structural and typological features of the “dominant” lexical and semantic subsystems of the contemporary Ukrainian language, reflecting the most significant concepts of contemporary Ukrainian conceptosphere; 2) the importance of the lexical subsystem of public administration not only for the contemporary Ukrainian language and contemporary Ukrainian national consciousness, but also for the effective economic policy of the state; 3) a lack of special generalizing research on the problems of formation, development and current state of the Ukrainian vocabulary of state regulation of the economy; 4) the need to clarify and improve the methodology of complex analysis of lexical and semantic systems in the Ukrainian language, methods and techniques of describing lexical units in synchronous and diachronic aspects. 5) current needs in the use of artificial intelligence, based on the principles of neuro-modeling in the representation of knowledge in the conditions of transition economy of Ukraine. (shrink)

BackgroundThe U.S. Food and Drug Administration traditionally has kept confidential significant amounts of information relevant to the approval or non-approval of specific drugs, devices, and biologics and about the regulatory status of such medical products in FDA’s pipeline.ObjectiveTo develop practical recommendations for FDA to improve its transparency to the public that FDA could implement by rulemaking or other regulatory processes without further congressional authorization. These recommendations would build on the work of FDA’s Transparency Task Force in 2010.MethodsIn 2016-2017, we convened (...) a team of academic faculty from Harvard Medical School, Brigham and Women’s Hospital, Yale Medical School, Yale Law School, and Johns Hopkins Bloomberg School of Public Health to develop recommendations through an iterative process of reviewing FDA’s practices, considering the legal and policy constraints on FDA in expanding transparency, and obtaining insights from independent observers of FDA.ResultsThe team developed 18 specific recommendations for improving FDA’s transparency to the public. FDA could adopt all these recommendations without further congressional action.FundingThe development of the Blueprint for Transparency at the U.S. Food and Drug Administration was funded by the Laura and John Arnold Foundation. (shrink)

American Municipal experienced the evolution from traditional to modern historical process. The early 19th century, municipal governments to develop a political oligarchy dominated municipal, the early 20th century and lived through the municipal reform, the government today showing many of the numerous state metropolitan area, the change process and the social, economic and cultural development are closely related. Their point of view on municipal, municipal-scale growing, more and more functions, management from the British model to mimic the stress scientific management.

The administrative reform of the datafied public administration places great emphasis on the classification, control, and prediction of citizen behavior and therefore has the potential to significantly impact citizen–state relations. There is a growing body of literature on data-oriented activism which aims to resist and counteract existing harmful data practices. However, little is known about the processes, policies, and political-economic structures that make datafication possible. There is a distinct research gap on situated and context-specific empirical research, which critically interrogates (...) the premises, interests, and agendas of data-driven public administration and how stakeholders can impact them. This paper therefore studies the conditions of participation in public administration datafication. It asks the overall research question of how citizens are problematized and included in policy and practitioner discourse in the datafication of public administration. The paper takes Norway as its case and applies Cardullo and Kitchin’s scaffold of smart citizen participation at the system level. It makes use of a unique empirical insight into the field, consisting of a survey, interviews, and an extensive document analysis. Unexpectedly, we find that citizens and civil society are rarely engaged in this administrative reform. Instead, we identify a paternalistic, top-down, technocratic approach where the context, values, and agendas of datafication are obscured from the citizen. (shrink)

In order to understand how the logic of public management can enrich humanistic management’s practices, the current paper will analyze the managerial practices adopted by public administrations within a situation of emergency, a condition where the specific features of the public management can emerge more clearly. Specifically, it will focus on the ways in which the municipality of Bergamo (one of the hardest-hit cities) have reacted to the Covid-19 pandemic, outlining interesting managerial practices especially from the point of view of (...) Humanistic Management’s theory. Such interest resides also in the fact that although the Humanistic Management’s field of research has dealt with a wide range of topics (including human development, emancipation and progress), so far, however, it has not yet considered public administrations, whose role is by definition oriented towards human development through the creation of public value. The analysis of public management through the lens of Humanistic Management can be useful in various respects. Above all, the difference between public administrations and private enterprises can also lead to a very much different process of value creation, based on collaborative forms of production as well as relational and reflexive forms of management. In accordance with the Humanistic Management framework, also business organizations must generate social wellbeing. From this point of view, the lesson of public administrations can be extremely useful for business organization and management alike. (shrink)

The article explores theoretical and practical aspects of evidence collection, examination and assessment in cases of administrative offences, which have been little analyzed as yet. In the article, evidence collection refers to the search for evidence, its discovery and consolidation in a material object. Evidence examination is defined as the establishment of actual data on the circumstances relevant to the case, which are recorded in the evidence, and an additional examination of certain circumstances. Evidence assessment means thinking activities to (...) analyze evidence collected and examined in the case and to establish the truth in the case, according to appropriate criteria. Referring to the opinions of various scientists and the case law of the Supreme Administrative Court of Lithuania, the article reveals elements of evidence in cases of administrative offences, thoroughly explores each stage of the averment process and provides practical examples and makes suggestions for solving problems. The article substantiates a conclusion that early examination and assessment of evidence should also be carried out during the process of drawing up a record of administrative offence. (shrink)

One of the concepts with unclear definitions is teacher leadership. Teachers must be inclined to take various risks to become leaders. In fact, in practice, most teachers are not taught leadership skills in career preparation programs. Teachers' success in decision-making processes and school leadership efforts is sometimes limited. Teachers who achieve control in their classrooms have much more power to make suggestions to other adults in the school and can bring valuable qualities to the school as teacher leaders. In addition (...) to aiming to organize effective classroom activities, teacher leadership also requires taking part in school activities. This research was conducted to discuss the roles and strategies of principals and teachers in developing teacher leadership in Azerbaijan. To achieve the purpose of the research, the scanning method was followed and a theoretical analysis was made. Leadership is the ability to motivate a group, gather them around certain goals, and achieve these goals together. As an effective leader, the teacher has the responsibility of developing a vision, sharing his vision, and organizing learning experiences appropriate to the development and individual differences of all students. (shrink)

The article focuses on process management in public administration using the specific case study of the statutory city of Ostrava. Based on the selected part of the PAPRIS methodology, the process management is verified, and conclusions from the application of information system e-SMO are generalized. Ostrava is third the biggest city in Czech Republic with approximately 320 thousand citizen. Article describes experiences with SW implements, which are used for model of process in public administration. Particulary at local authority of Ostrava (...) town. Model of process is a basis for reengineering of process in state administration and preparation for implementation of big information systems. Mapping of process is providing implement and confirmation methodology to identify existing processes. Problem with its using consist in that, senior manager don’t informs, what organization is determination by processes. If are not described in given to organization current processes, or how would have had look new optimum processes, will not endeavour about reengineering successful. Procedural analysis namely offer tool and check methodology to identification current suit and it is possible him use either as instruction for reengineering function handling administrative and self-rule activities. Purpose of the article: The PAPRIS methodology was used when defining the objectives for implementation of the information system for public administration. This methodology has been elaborated by one of the authors and published in a very general scheme when solving many case studies,,. We assume that the PAPRIS is primarily a methodology with incorporated elements of procedural approach for project management in public administration information systems. The specific supporting process of communication between the client and the e-SMO system has been chosen for verification. The model of supporting communication process, created by ARIS tools, is crucial, and the structure of scripts is subsequently made. The aim of this article is to verify that the methodology is sufficient and appropriate to manage such a large project such, undoubtedly, is the e-SMO. Methodology/methods: Defined productive and non-productive processes with their defined process cuts represent a crucial category for the process structure of IS projects. This is fully accepted by the PAPRIS methodology. Process cuts are understood, in the logic modelling according to the PAPRIS methodology, as clearly defined logic directional cuts in three-dimensional space of all project processes. The process set is systemically categorized, in a given logic directional cut, into mutually disjoint process subsets, which are characterized by this particular directional operator. The directional operator always has a clear logical allocation that is based on the construction of a process view. Theoretically, an infinite number of process views can be used. One of the important issues in a methodology for the case studies includes the size of the research sample. It is usually assumed that there is no ideal number of cases and that the number between four and ten usually provides good results. Other authors defining against any quantitative standards for any determination of the sample size of the case studies, since such an approach denies the internal logic of this methodology and the richness of the information obtained from participants in the research. Research which is carried out using case studies does not aspire on compliance with the requirement the representativeness of the sample.. Methodology of case studies is among the established guidelines of qualitative research. Research on using case studies in the last 30 years has seen an extraordinary increase in social-scientific research, including research on business and management. Scientific aim: The essential aim of this study is to describe the way the process cut defines a productive process and non-productive process, in accordance with the PAPRIS methodology using the specific example. While the triggering mechanism of the project production process is an event causing its own production - i.e. the specific output with added value for the customer, the project of non-productive process is caused by the project management event. Therefore, it is caused by the need to control, monitor, track, inspect, evaluate outputs, decide and regulate the project implementation. Findings: Within the support of the communication process, two examples were used to verify the methodology. The global perspective on the process was created in ARIS tools and the communication between the call centre and the client was made in Visio tools. The PAPRIS methodology is based on the concept of process variability, which has been clearly formulated. The fundamental direction of the process development, anticipated changes and the opportunity to react to them in accordance with defined objectives of the PAIS project are guaranteed. (shrink)

A group of Qin documents inscribed on bamboo slips was acquired by the Yuelu Academy on the antique market in Hong Kong in 2007. Four of these manuscripts are criminal case records dated from the final decades before the unification of China by the state of Qin in 221 B.C. These texts shed light not only on the administration of justice on the eve of imperial unification but also on various aspects of social, economic, and cultural history and historical geography. (...) The present article reviews the recently published English translation of the Yuelu case records by Ulrich Lau and Thies Staack and discusses the value of these texts as historical source material. (shrink)

In follow-up to a large-scale ethics survey of neuroscientists whose research involves neuroimaging, brain stimulation and imaging genetics, we conducted focus groups and interviews to explore their sense of responsibility about integrating ethics into neuroimaging and readiness to adopt new ethics strategies as part of their research. Safety, trust and virtue were key motivators for incorporating ethics into neuroimaging research. Managing incidental findings emerged as a predominant daily challenge for faculty, while student reports focused on the malleability of neuroimaging data (...) and scientific integrity. The most frequently cited barrier was time and administrative burden associated with the ethics review process. Lack of scholarly training in ethics also emerged as a major barrier. Participants constructively offered remedies to these challenges: development and dissemination of best practices and standardized ethics review for minimally invasive neuroimaging protocols. Students in particular, urged changes to curricula to include early, focused training in ethics. (shrink)

Judicial process is an integral part of legal systems. The process rests primarily on established principles of constitutional governance and responsibility. In the last ten years, the dynamism within judicial institutions and the judicial process has gained considerable attention. The dynamism is often viewed in light of the diversity of claims being addressed, the openness of courts to foreign material, and the use of non-legal studies and findings in court proceedings. How one views the judicial process in the traditional sense, (...) and in the light of the new experiences is an important question today. Also, what new theories explain this public sphere of activity? -/- In this regard, Dr. Pathak’s book "Judicial Process" is a noteworthy contribution. The book explores the complex nature of the judicial process, along with its wider constitutional, political, and social relevance. The book builds on an understanding that the judicial process, the courts, and the judges are central to constitutional governance. With that backdrop, it engages with four aspects of the judicial process, including (1) the nature of the judicial process, (2) the engagements and interactions within the judiciary, (3) the engagements and interactions between the courts and other institutions, and (4) the protection of rights and redressal of violations function performed by courts. -/- The book includes a detailed discussion on key concepts, practices, tests, and principles. The following chapters and discussions are particularly interesting. Chapter one involves a jurisprudential take on the subject while referring to the works of Blackstone, Holmes, and Cardozo. Particularly relevant in chapter one are Indian cases that have cited Cardozo while determining important judicial matters. Further, the chapter includes foreign case law which has been cited by the Indian courts to discuss the nature of the judicial process. Chapter three on Judicial Review discusses the scope of judicial review in India and its centralizing force in constitutional governance. The author carefully explores the expansion in a judicial capacity for review. The chapter highlights the dynamism attached to the practice of judicial review, moving from the review of constitutional amendments, to that of laws, administrative actions, and policy. Further, the chapter includes a discussion on the basic structure of the Indian Constitution. Chapter four on Law of Precedent includes a discussion on stare decisis, which the author refers to as a principle conferring legitimacy and stability to the judicial system. Recent scholarship on the nature of obiter dicta of higher courts and persuasive quality of foreign case law in domestic cases has been cited. Chapter five covers the Independence of the Judiciary debates in India. It discusses the issue of post-retirement appointments of judges and recusal from judicial matters. Chapter eight Judicial Activism traces the development of the concept from its early days to the present times. The chapter adopts the five core meanings offered by Keenan Kmiec to substantiate the old and the new avatars of judicial activism. The chapter discusses the role of social action litigation in India and its hand in defining the judiciary as a protector of rights and constitutional values. -/- The book provides sufficient guidance to study the nature of the judicial process. It also makes one curious about the changing nature of the judicial process and the new waves of constitutional ethics and governance. The following are some of the themes not attended to in the book. First, the judgments of the courts. The written judgments constitute an integral part of the judicial process. The judgments constitute public law reaching out to beneficiaries including litigants, people at large, as well as foreign institutions and courts. That being said, a discussion on judgements and the written or unwritten standards governing the same needs attention. Also included in this point is the role of dissenting judgments. How should one view or study dissent in judgments of constitutional significance? A normative framework to study the same is much needed. Second, the tools and indicators to measure judicial impact. The judicial impact can include (a) the impact of judicial decisions on the law, policy, and society (b) the impact of law/legislation on the judicial process, and (c) the impact of technological and scientific advancements on the judicial process. Tools like judicial impact assessment have been widely argued to be important to the working of the courts. Further, parameters to study compliance, policy integration, and the impact of judicial decisions on other state institutions have gained attention. (shrink)