Professionals' Contribution to the Legislative Process: Between Self,Client, and the Public

How may professionals be made to contribute to legislative processes so that their expertise redounds to the public interest, despite the legislative product being likely to have a negative impact on their clients' wealth? Drawing on a case study of the legislative process that gave birth to Israel's recent (2002–2008) trusts taxation regime, based on five years of participant observation among the trust professional community, I find that to obtain the benefit of private‐sector professionals' expertise under such circumstances, government should have legislation drafted in a dispassionate, exclusive environment of experts rather than in the political arena; it should build professionals' trust in government by adopting an explicitly collegial approach; it should focus reform efforts on elements of the existing law so clearly inequitable as to make a refusal to contribute difficult to justify; and take care that the new regime creates a compliance practice lucrative enough to compensate for any loss to professionals consequent on its enactment. Once professionals' interests are suitably safeguarded, their loyalty to clients appears surprisingly brittle and government can successfully combine with them in the public interest.     

The impact of public health care financing policies on private-sector hospital costs

Two of the best-known economic models of hospital behavior are utilized to examine theoretically the issue of cross-subsidization of hospital costs between public and private-pay patients. It is shown that the existence of public/private hospital-charge differentials does not, in itself, demonstrate that public programs are subsidized by the private sector. This differential is to be expected, whether hospitals are considered to be monopolistic profit maximizers or controlled by physicians. While cost-based hospital reimbursement may be dynamically inefficient, it is shown to have certain static efficiency properties when hospitals provide services to both public and private patients.     

Measuring Government Favouritism Objectively: The Case of Romanian Public Construction Sector

Government favouritism in the allocation of public funds raises costs for any society in which corruption prevails. Particularistic transactions can be identified in three different situations: uncompetitive awards of public contracts when there is only one “competitive” tender, when public money is spent on contracts supplied by politically connected firms, and a situation of capture in which one private contractor obtains a disproportionate share of contracts issued by some public agency. This present research has tested for the relevance of those three types of particularistic transactions that signal government favouritism as they apply to the Romanian construction sector for the period from 2007-2013, and to do so has made use of original public procurement databases. Furthermore, it will be proposed here that the “kickback”—a percentage of particularistic awarded values—can be used as a measurement of corruption. Even conservatively estimated, kickbacks account for much of the cost borne by any society that fails to eradicate corruption. For our purposes here, amounts of kickbacks at county level have been controlled against criminal convictions for corruption at county level. As a result, data analysis provides strong evidence that kickbacks based on particularistic allocation of public funds are indeed relevant in the measurement of corruption, and the steps used to evaluate kickbacks can be used just as well for other countries.     

Legal status of private universities in Nigeria

Education, they say, is the bedrock of development and progress. The quest for Nigeria to provide tertiary education for her teaming secondary school leavers made her change her initial reluctance to invite private initiatives to participate in the provision of tertiary education in the country. With the licensing of the first private university in about a decade ago, the number has increased to 61, thus surpassing the number established by either the Federal or the States governments. The existence of private universities is old enough to invite an appraisal of whether or not they have satisfied the yearnings of the public or the government that allowed their existence. It is also important to examine whether or not they have operated according to the traditions of university system. Our paper is to examine the legal status of private universities in Nigeria. The importance of the legal regime of any endeavour cannot be overemphasized. From our research, we have noted the shocking fact that no private university in Nigeria is established by law in accordance with the Education (National Minimum Standards and Establishment of Institutions) Act 2004. This has numerous legal implications as to ownership, control, autonomy, delivery of quality education, labour, legal personality, life perpetuity and a host of other legal matters. These issues are addressed and concrete suggestions made so that private participation in tertiary education in Nigeria will be a blessing and not a curse to the educational sector in the future.     

Sector Well-Being Differences Among UK Police Custody Staff

The research explores a new model of staff well-being across UK police custodial services (public and private). These services are unique for the fact that police sergeant custody officers are supported by detention officers who can be publicly or privately contracted, with the latter providing a heterogeneous mix never previously researched. The model informs a survey approach conducted across four English police forces. Drawing on a diverse literature which compares health and criminal justice professions, this study explores the possibility that private sector detention officers will report lower levels of emotional exhaustion and workplace stress and higher levels of personal accomplishment than their public sector counterparts. Multilevel analyses, supplemented by ANOVA and t tests, detected statistically significant differences for private sector detention officers regarding higher levels of emotional exhaustion and lower levels of personal accomplishment and workplace stress (with the stress result the only one in the predicted direction). However, results should be interpreted as sample specific linked to privately contracted detention officer disquiet with their then employer (since replaced). That said, the results provide a good exploration of the model’s utility together with important lessons for model and survey development in the future.     

Health care policy issues in the drug abuser treatment field

As we enter the 1990s drug abuse has once again become a major health concern, and for the first time the drug treatment field has had to address many of the policy, regulation, and planning issues resulting from cost inflation that have become commonplace in other parts of the health care field. To avoid serious errors and confusion, drug abuse health policies must recognize the very different needs of the public and private sectors. The public sector, where poor addicts receive drug treatment provided or purchased by the government, has long suffered from chronically inadequate funding. Although responses to several epidemics (heroin, crack, and AIDS) have produced periods of increased allocations for drug abuse treatment, more often than not long waiting lists at programs have rationed treatment to lower-income addicts seeking care. Low salary levels have limited the quality of public treatment services, and the absence of resources has hindered the development of programs that respond to new technical developments and drug abuse problems, such as the crack epidemic. Despite severe resource shortages, the public drug treatment system has sometimes used resources inefficiently, with little attention to appropriateness of admissions, lengths of stay, ambulatory treatment modalities, or varying levels of care. Public sector goals for the 1990s should include filling current shortages in drug treatment services, developing adequate long-term funding for treating addicts who lack third-party coverage, modernizing the treatment system, developing new patterns of practice that use existing resources more efficiently, and developing a plan for treating intravenous drug users infected with the AIDS virus. In the private sector, the advent of working- and middle-class demand for drug treatment in the 1970s and 1980s has produced a new drug treatment system that suffers from many of the policy problems common to the rest of health care. Drug abuse in the workplace has resulted in much wider coverage of substance abuse services by insurance companies and HMOs. The availability of third-party funds has spawned a for-profit chemical dependency treatment industry. The high cost of private residential treatment services has caused significant cost inflation. Cost-containment measures, which are a new phenomenon for this field and are inappropriate for the public sector, have led to the same confusion and debates that they have produced in other areas of health care.(ABSTRACT TRUNCATED AT 400 WORDS)     

Crisis intervention skills training for police negotiators in the 21st century

Summary While Crisis Management training and intervention skills are not new areas for police officers or for police crisis negotiators, it is certainly true that such training must be included in the overall preparation for police officers in general and for police crisis negotiators in particular. Not to do so ignores the need for such skills in the day-to-day functions and calls-for-service of these groups. It has been the experience of this author, in talking with police negotiators, that more and more calls for their services are being made, in situations which are non-hostage related, than ever before. These areas continue to include barricaded individuals, suicidal persons, family disputes in which one member of the family is holding other members of the family against their will, and abuse situations including spouse abuse and child abuse. Additional areas include those in which there are juveniles involved as well as within school settings. Some of the latter may involve hostages while others do not. Finally, it is becoming less unusual for negotiators to be summoned only to find that the subject has engaged in acts designed to evoke fatal responses from those officers involved. This phenomenon is commonly referred to as “death by cop.” Further, it is also important that those indirectly involved in these situations receive this type of Crisis Intervention training. These may include first response officers, first response police and security personnel in our public and private schools, security officers in our hospitals and courthouses, and others who, due to their particular jobs, may be involved in these types of incidents.     

Force and fraud: A radically coherent criticism of corrections as industry

As radical criminology continues to gain popularity among a new generation of scholars, there are several troubling developments that ought to be met with caution. First, many emergent writings seem to take a benevolent state for granted. Second, there is a tendency to present radical ideas in a vocabulary that is so abstruse that it is difficult to decipher precisely how social change might be realized. As a remedy to these problems, this article relies on blunt language to analyze the corrections industry; by doing so, it focuses on market principles shaping key mechanisms of social control, namely force and fraud. In terms of force, the US criminal justice apparatus is too often harsh and coercive, particularly for the poor and racial minorities. Compounding matters, citizens rarely challenge such force due in large part to fraudulent governmental insistence that tough on crime initiatives are necessary to maintain public safety. Among the items discussed within this framework are public misperceptions of crime and punishment, the production of prisoners in a capitalist system, and the encouragement of excessive incarceration producing financial and ideological dividends for the state as well as the private sector.     

Private roles in food safety provision: the law and economics of private food safety

Private food safety standards play a crucial role in ensuring the safety of the foods we consume. A voluntary instrument, private standards are so widespread to have become de facto mandatory for suppliers who wish to access the most profitable markets. Developed by retailers and business coalitions and enforced through third-party certification, private food safety standards constitute one of the principal food safety governance instruments of agribusiness value chains. Albeit private and voluntary, such standards have profound public implications because they contribute to food safety and protect consumers’ health. This article uses law and economics theory to identify their strengths and vulnerabilities and understand the relationship between public and private regulation. Specifically, it examines whether private standards can fulfill the public interest objective of protecting consumers’ health and whether they compete with or rather complement public regulation. The article argues that private standards have emerged in response to food scares to coordinate complex food value chains and have become ever more relevant in the context of intense market globalization, an area in which public regulation often failed. Among the advantages of private standards, are their flexibility and ability to rapidly respond to new risks. Through their focus on management-based regulation and strong market incentives for producers, private standards promote compliance better than traditional inspection methods. Private standards also present several gray areas including increased risk of capture due to their limited transparency and gaps in enforcement by third-party certifiers. The article suggests areas that deserve additional scrutiny, especially the opacity of standards vis-à-vis consumers and the public sector and the quality and reliability of third party certification.     

The Government’s Regulatory Obligations to Public Utilities Franchise

Under the public utilities franchise system, the executive branch may transfer the task of providing public utilities services for the common good to a private party. It should undertake to regulate and prevent the private party from pursuing its own interests to the detriment of public interest while discharging its duty under the public utilities franchise. Since any public interest must be enjoyed by all individuals, we can say that the obligations owed under administrative regulations aim at the ultimate goal of increasing individual welfare. In the public utilities franchise system, regulations of this kind can be divided into six different categories: maintaining and promoting necessary market competition, ensuring the continuity of public utilities services, ensuring non-discriminatory provision of public utilities services, ensuring the quality of public utilities services, ensuring reasonable charges for public utilities services, and ensuring the conservation of energy and protection of the environment while providing public utilities services. The absence of governmental regulation of the provision of public utilities and of reforms in such services in China has harmed both public interest and the rights and interests of consumers. Some of the problems caused include chaotic market access for public utilities, no guarantee of the sustainability of public utilities, the failure of the universality of public utilities, declining quality of public utilities, sharp rise in the prices of public utilities, insufficient regulations on the conservation of energy and environmental protection, and so on. In order to achieve the effective implementation of the administrative regulations and obligations therein with respect to public utilities and the maximization of public interest, the Chinese government should enhance its consciousness of regulating public utilities, improve the legal system to regulate public utilities, perfect the regulatory system for public utilities, and establish a system of liability to compensate for failures in regulation.     

The challenge and imperative of private sector cybersecurity: An international comparison

Attacks on computers and information networks, both public and private, are disclosed in the news daily. Most recently, Apple, Facebook, and Twitter acknowledged that they were attacked and were now taking additional measures to secure their networks. In January of 2013, Kaspersky Labs reported discovering malware that not only targeted government information in Eastern Europe, former Soviet republics, and Central Asia, but also had been actively doing so since 2007. The scope of global cyber attacks is staggering and the solutions to securing property and protecting national security are illusive, in large part because infrastructure is owned and operated by private, rather than public, entities. Nations struggle with choosing the most effective strategy and potential regulation of the private sector in order to reduce overall cybersecurity risk. This paper reviews the nature of cyber threats, and compares the United States and European approach to promoting cybersecurity in the private sector. Furthermore, the paper discusses how different approaches can affect cybersecurity risk, and suggests a framework for visualizing the impact of law and strategy on security.     

Public (Interest) or Private (Gain)? The Curious Case of Network Rail's Status

This paper develops Whitehouse's 2003 examination of the creation of Network Rail, a case study of New Labour's attempt to operationalize the 'third way'. Significant changes have occurred since 2003 which make Network Rail's position as a private company with private sector debt appear increasingly anomalous. These changes include: the reclassification of the debt of another rail company from private to public, and the introduction of'imputed debt'into public sector debt measurement; new funding arrangements for Network Rail which make it heavily dependent on public support; and important rail regulatory policy changes. The paper analyses these changes, and revisits White-house's conclusions. In particular, this paper challenges Whitehouse's contention that Network Rail's creation led to the de facto renationalization of the railway infrastructure at a reduced public cost. The paper demonstrates that Network Rail is a very expensive mechanism for channelling public money to private companies, and argues that the Labour government's attempt to maintain the company's private sector status as part of its third way approach is ultimately untenable.     

Friends,Enemies, or Strangers? On Relationships between Public and Private Sector Service Providers in Hybrid Forms of Governance

Hybrid forms of governance receive special attention in literature on regulatory reforms. It is often assumed that a combination of public and private sector involvement in a regulatory regime is superior to “pure public” or “pure private” regimes. By paying close attention to such hybrids, this article finds that hybrids have two key dimensions: first, the “amount” of public and private sector involvement in a hybrid, and second, the relationship between these sectors. Contrary to the former dimension, the latter hardly receives any attention in scholarship. This article addresses that knowledge gap. It introduces a typology of hybrids based on these two dimensions. A brief case study is introduced to discuss the value of the focus on relationships between public and private sector service providers.     

Water as a political good: implications for investments

There is an urgent need for investments in the water sector. Still about a billion people lack access to drinking water services, and the double amount lacks proper sanitation services. To reach the Millennium Development Goals (MDGs) substantial additional funding needs to be accessed. In view of the low priority given to the water sector by all prospective investors, the perspective of failure to reach the MDGs is eminent. The main argument made in this paper is that a formidable obstacle in accessing and using funds in the water sector is the omission to include explicitly the political nature of water in investment decisions. Due to its multifaceted and internally conflicting character, politics are a fact of life in the water sector. The menu of (suitable) investment options for a given locality is very much dependent on the political environment in which these water services are to be provided. While the impact of the political realm on water services is often acknowledged (most frequently in negative terms as it is seen as one of the main causes of poor performance of public utilities), few professionals really take the political environment explicitly into account when taking decisions relating to the provision of water services. In this paper it is propagated that the political dimension of water should be made explicit in an attempt to increase access and sustainability of investments in the water sector. Sound and sustainable investment in water services can only be achieved by taking into account the existing political environment in which those water services are to be delivered.     

Government procurement law and hacking technology: The role of public contracting in regulating an invisible market

This article considers the purchasing of hacking technology by governments and the role of government procurement processes in regulating the hacking market and reducing risks to the buyer. While the proliferation of hacking technology for government actors has led to various proposed solutions for accountability, little consideration has been given to public purchasing of this technology. This article explores whether public contracting processes could be used to help minimize the risks that arise from the use of government hacking technology, and, if so, the types of contractual clauses and institutional supports that might be useful to achieve that goal. In exploring this issue, this article considers theories of government by contract and the publicization of the private sector. These theories posit that public contracting can be used as a vehicle to impose public considerations—for example, certain policy goals—on the private sector. It argues that requirements of transparency and accountability that inhere on the public sector could be transferred in part to the private sector through the vehicle of a public contract and explores how public contracts for government hacking technology could be structured in order to reduce risks posed by the use of this technology.     

Maintaining the high-tech edge: Governmentindustry technology transfer and the federal laboratory system in California

One of the important resources to any state, such as California, is the technology that is available from the many federally operated and/or funded laboratories within its borders. In this age of technology a state needs to take advantage of applications of modern technology and innovative exploitation of human and natural resources. This article illuminates the importance of the Federal Government research laboratories. Many examples are presented to support the argument that the Federal Government research laboratories can be and often are substantial contributors to the storehouse of technology that finds its way to the private sector and public sector. Several types of technology transfer are discussed, i.e. primary technology, secondary applications, mission related, technical assistance and cooperative. In addition the article discusses the structure and logic of the Federal Laboratory Consortium for Technology Transfer (FLC). The legislaltion that has helped to make the FLC effective is discussed. Included in the discussion are insights of how the FLC operates and how the private sector and public sector may use the FLC in order to locate process, product and service technology.     

To allot or not to allot public services? An incomplete contract approach

Using an incomplete contract framework, we analyze the consequences of allotment in public procurement. Allotment aims at dividing a public service into several lots that can be awarded to different operators. This increases the number of bidders during the competitive tendering, as well as it reduces the size of the service managed by each operator. We model the impacts of allotment both on price and quality of public services provided under public procurement. When the quality of services depends on non-contractible efforts made by the operators during the execution of the contract, our results show that (1) the operators have higher incentives to make non-contractible efforts when there is no allotment, and that (2) allotment does not maximize the joint payoffs of the public and private parties (i.e. the total surplus), but mainly benefits public authorities representing the users of the service.     

论我国的行政补偿标准

由于我国目前整体的规范化行政补偿制度尚未建立,大量的行政补偿问题尚无法可依,致使公民、法人和其他组织因公共利益遭受到的损失得不到适当补偿,甚至完全得不到任何补偿,我国现行宪法第四次修改虽然增加了征收、征用的补偿条款,但对补偿的标准没有提及,应当说还有待于其他相关法律制度的完善,否则,依然难免会存在国家机关滥用自由裁量权侵害私有财产权的现象,不利于私有财产权的保护。因此,参照国外补偿标准立法,根据我国行政补偿标准的现状来完善相应的立法,十分必要。     

First amendment values and government participation in the marketplace,fifty years after the Hutchins report

The Hutchins Commission took a favorable view of government speech; Its report recommended that government act as a supplementary news source for the public. This article asserts that the commission was “fighting the last war” by focusing on government restraints on the press, while failing to propose limitations on the government's ability to circumvent the press. With the advent of new forms of telecommunications technology, the government might one day replace the private sector press as the public's primary source for news. This article asserts that the Supreme Court should recognize that the Press Clause of the First Amendment guarantees the existence of the private sector press as an independent, nongovernmental branch of our governance system. Based on a “separation of powers” view of Press Clause values, the article argues that the Court should create a First Amendment “right of reply” to any government dissemination of information to the American public in a manner that circumvents the traditional role of the private sector press.