Oversight Agencies Research Articles

The politics of police accountability: Police expulsions in Buenos Aires, Argentina

AbstractPolice accountability has long been deemed an essential component of democratizing reform. Reformist administrations in Latin America and other developing regions have consequently created oversight agencies to monitor police misconduct. However, the literature has not yet explored how these institutions operate and the politics that undergird them. This paper examines how police accountability institutions work in developing democracies. I focus on the police of the province of Buenos Aires, Argentina, using an untapped database of more than 6400 expelled police officers. I find that the extent to which reformist ministers expel police officers and thus exercise greater control of the police peaks during their first year in office. Contrarily, it is not bolstered by mid‐term electoral victories or factors such as scandals or violent crimes. The paper extends our knowledge of the politics of police accountability in developing democracies, outlining the incentives and obstacles for politicians to control the police.

The adoption of culturally contentious innovations: The case of citizen oversight of police

AbstractCultural contentiousness is defined as an attribute of innovation due to which it encounters resistance because of its incompatibility with hegemonic cultural assumptions. I argue that culturally contentious innovations are likely to be adopted when antecedents have productive symbolic force, i.e., they reveal contradictions between dominant cultural assumptions and the material outcomes of existing institutions or empower social actors to resolve such contradictions. However, antecedents with incapacitative symbolic force tend to obfuscate the above contradictions or decrease social actors’ capacity to resolve them, encouraging the adoption of less contentious innovation. Applying these arguments to citizen oversight agencies (COAs) for the police, I examine the antecedents of contentious (i.e., investigative) as opposed to less contentious (non‐investigative) COAs. In support of the above argument, I find that productive antecedents (e.g., a consent decree, an increase in civil rights nonprofits) are associated with adopting investigative COAs. In contrast, incapacitative antecedents (e.g., a Law Enforcement Officer Bill of Rights, an increase in the violent crime rate) are associated with adopting non‐investigative COAs. The findings broadly demonstrate that policy adoption scholars ought to distinguish policies in terms of cultural contentiousness and account for the symbolic force of antecedents. Further theoretical contributions are discussed.

The Evolution of a Unionized Workforce

A union campaign and election, given the frenzy of activity in a compressed timeline, can sometimes seem more revolutionary than evolutionary. Unprepared employers are frequently overwhelmed by complicated legal rules, immediate involvement in government agency oversight, and a seemingly imminent sea change to the relationship with their workers. In truth, the emergence of a unionized workforce is anything but revolutionary. It is evolutionary in the most complete sense of the word.

Artificial iintelligence facial recognition surveillance and the breach of privacy rights: The ‘Clearview AI’ and ‘Rite Aid’ case studies

The increasing sophistication of artificial intelligence (AI) facial recognition models and the accessibility of photos online by companies and governments have amounted to the excessive misuse of facial surveillance systems. The government, the police and organisations have a long history of using AI facial recognition technologies to gather data on citizens without respecting their data and privacy rights. The government relies on national security and public safety to justify such gathering of data. Marginalised groups and people of colour are disproportionately affected by such surveillance. Data protection and privacy rights activists have called on governments to regulate facial recognition systems. It is also essential to establish AI oversight agencies with the responsibility to monitor the use of AI models and to ban such use when it breaches citizens’ data and privacy rights, and any other human rights. The European Union’s AI Act is the first comprehensive regulation on AI. It provides a risk management framework with different rules for different risk levels: unacceptable risks, high risks; and limited or low-risk applications. In June 2023, the European Parliament voted in favour of a total ban on live facial recognition in public spaces. Although the new Act did not stipulate a full ban on live facial recognition surveillance, it provides that all high-risk AI systems will be assessed before being put on the market and throughout their lifecycle. African governments have caught the AI bug but only a few African countries have an existing AI strategy; these include Mauritius, Egypt and Rwanda. It has been argued that international AI technologies and ethical deliberations are modelled without Africa in mind. Against this backdrop, it is more likely that Africans as people of colour will be subjected to AI ethical bias, privacy and data protection concerns, risks and harms. It is essential that African countries develop AI policies. Additionally, Africa should also take a strategic place in the ongoing debate on global AI regulation.

Empowerment and capacity of external police oversight: The paradox of the Control Yuan in Taiwan

Abstract Prevailing scholarly literature generally suggested the significance of an externally empowered oversight agency to ensure the public accountability of the police. As an electoral democratic regime, Taiwan’s model of police oversight is characterized by the parallel existence of both internal and external investigative bodies. The Control Yuan is a constitutionally empowered ‘super ombudsman’ to monitor the integrity management of civil servants including the police. This thematic research studies the reflection of ‘insiders’—the Control Yuan members who have taken part in police misconduct hearings, on this mechanism that is uncommon in western democracies. Paradoxically, the respondents generally questioned the effectiveness of this powerful establishment with both abundant human resources and legal authorization. The technical competence among investigators and party politics in agenda setting are also perceived as structural limitations of the current mechanism.

Police oversight in Ireland: Who complains, who gains?

Accounts of police complainants and their experiences of oversight largely reflect North American data. This article examines how complainants fare in Ireland, where police crisis and reform have repeatedly occurred since 2005. Quantitative analysis of the independent police oversight agency’s complaint processing highlights patterns in allegations submitted, complaint-handling mechanism applied, and outcomes realised. In doing so, this article draws attention to the experiences of Irish Travellers, the homeless and prisoners. Findings show that socially marginal complainants submitted more serious allegations, secured higher investigation designations but were less likely to have complaints substantiated. Overall, substantiation was below international levels and police investigations were more likely to substantiate complaints than was the oversight agency. Consequently, the article then considers the frequent theoretical characterisation of police oversight in term of ‘justice’ or ‘agency’, arguing for inclusion of ‘agency self-interest’ by the oversight body in future research.

Online liquor gets audited: a review of regulatory controls and supply practices of online liquor retailers in NSW, Australia.

In New South Wales (NSW), Australia, the number of 'online liquor licences' - packaged liquor licences with conditions restricting the sale of alcohol to online, phone or fax orders - increased from 101 in 2010 to 500 by May 2018. International and national evidence is emerging that this growth in online liquor licences has been accompanied by increased risk of supply to young and intoxicated people. This study aimed to determine the extent to which online liquor retailers in NSW have adopted safeguards to prevent people younger than 18 years purchasing alcohol online; and the supply of alcohol to intoxicated people. It also aimed to assess the regulatory framework in NSW for these licences. We undertook an audit between May and November 2018 of regulatory controls for 213 online liquor retailers in NSW with publicly available websites at the time of auditing. A comparative analysis of the NSW Liquor Act 2007 and the NSW Liquor Regulation 2018 was conducted. Three gaps in the existing legal safeguards for online liquor retailers were identified: inconsistent application of the NSW Liquor Act 2007; the inability of the regulator to complete compliance auditing; and an absence of consistent mandatory signage. The study also identified inconsistencies between the regulation of physical and online liquor retailers. Study findings led to the formulation of recommendations for regulatory change, which were presented to the government oversight agency, Liquor & Gaming NSW, in April 2019 and followed up by written submissions from the research group on behalf of Northern Sydney Local Health District Health Promotion. Several key reforms were subsequently incorporated into the NSW Liquor Amendment (24-hour Economy) Bill 2020. Findings have informed an advocacy approach which has led to improved regulatory reform within NSW.

1295TiP Investigation of calcium electroporation (CaEP) therapy in malignant cutaneous and subcutaneous tumours: A non-randomized phase II clinical trial of a novel palliative therapy

Skin metastases can occur from any tumour entity and often cause distress. Surgery or radiation are options, limitations arise from size or location and prior treatments. Electroporation (EP) creates transient pores in cell membranes by short high-voltage pulses allowing diffusion of molecules into the cells. EP with systemic chemotherapy is a standard therapy for cutaneous tumours, causing cell death of tumour cells and skin tissue recovering. Calcium-ions (Ca) are part of various signalling pathways. Intracellular Ca overload induces celldeath through ATP depletion as demonstrated in vitro and vivo, with healthy cells recovering. Intratumoural Ca-injection before EP-treament of affected areas is a new, promising palliative treatment reducing use of chemotherapy and interactions anti-tumour-therapies. The purpose of this trial was to investigate CaEP as therapy for cutaneous and subcutaneous tumours. Approval of German and Danish Drug Oversight Agencies and local Ethics Committees was obtained prior to the start of the trial. It was supported from the European Fund for Regional Development as part of the “Changing Cancer Care”-project. This multi-centre non-randomized single-arm phase II trial investigates the use of CaEP in cutaneous and subcutaneous tumours of any cancer histology. All included patients receive CaEP. Primary endpoint is clinical response rate at two months. Response rate is defined as number of responding to treated lesions, evaluated by reduction in size, documented with clinical photography. Secondary endpoints include: treatment response at time points month 1, 3, 4, 6 and 12; histological tissue changes in biopsies one year after treatment; response on MRI on a subset of patients; quality-of-life assessments before treatment, after 2 and 12 months using the EORTC QLQ-C15-PAL questionnaire; examining systemic immune response through routine scans; response due to tumour histology; response rate of all tumours treated; response rate per patient; current of applied pulses and qualitative interviews of one subset of patients. The study is conducted at three cancer centres in Germany and Denmark. EudraCT 2019-004314-34; NCT04225767. The authors.

The trust and insurance models of healthcare purchasing in the Ayushman Bharat Pradhan Mantri Jan Arogya Yojana in India: early findings from case studies of two states

BackgroundThe Pradhan Mantri Jan Arogya Yojana (PMJAY), a publicly funded health insurance scheme for the poor in India, was launched in 2018. Early experiences of states with various purchasing arrangements can provide valuable insights for its future performance. We sought to understand the institutional agencies and performance of the trust and insurance models of purchasing with respect to; a) Provider contracting b) Claim management c) Implementation costs.MethodsA mixed methods case study design was adopted. Two states, Uttar Pradesh (representing a trust model) and Jharkhand (representing the insurance model) were purposively selected. Data sources included document reviews, key informant interviews, quantitative scheme data from the provider empanelment and claims database, and primary data on costs. Descriptive statistics were reported for quantitative data, content analysis was used for thematic reporting of qualitative data.ResultsIn both models, the state was the final authority on empanelment decisions, with no significant influence of the insurance company. Private hospitals constituted the majority of empanelled providers, with wide variations in district-wise distribution of bed capacities in both states. The urgency of completing empanelment in the early days of the scheme created the need for both states to re-review hospitals and de-empanel those not meeting requirements. Very few quality- accredited private hospitals were empaneled. The trust displayed more oversight of support agencies for claim management, longer processing times, a higher claim rejection rate and numbers of queries raised, as compared to the insurance model. Support agencies in both states faced challenges in assessing the clinical decisions of hospitals. Cost-effectiveness showed mixed results; the trust cost less than the insurance model per beneficiary enrolled, but more per claim generated.ConclusionsEfforts are required to enable a better distribution and ensure quality of care in empanelled hospitals. The adoption of standard treatment guidelines is needed to support hospitals and implementing agencies in better claim management. The oversight of agencies through enforcement of contracts remains vital in both models. Assessing the comparative performance of trusts and insurance companies in more states at later stages of scheme implementation, would be further useful to determine their cost-effectiveness as purchasers.

Siamese Twin Troubles: Structural and Regulatory Transformations in Unequal Thailand

This paper takes an institutional approach to inequality in Thailand by exploring the country's structural and regulatory transformations. It discusses how Thailand's transition from agriculture to industry and services has been impeded by both the demand and supply sides of government subsidies since the 1950s. The relative failure of structural transformation has slowed down economic catch‐up and widened the well‐being gap between those inside and outside the agricultural sector. Furthermore, while regulatory transformation has mitigated state‐led malaise in certain Asian economies, post‐1997 reform in Thailand has incentivized unconventional political actors, such as academics, medical doctors and civil society leaders, to make collective efforts in toppling elected governments in exchange for gaining selection into oversight agencies. The case of Thailand indicates how regulatory reform may create perverse incentives that adversely affect democratization, decentralization, competition, and taxation. Dealing with inequality therefore requires a big push toward progressive structural and regulatory transformations altogether.

A comparison of pediatric liver transplant anesthesia practices with new organ procurement and transplant network pediatric policy requirements: A report from the society for the advancement of transplant anesthesia and the society for pediatric anesthesia.

Organ Procurement and Transplant Network (OPTN) pediatric policies on knowledge and skill requirements for key personnel failed to address the Director of Anesthesia for Pediatric Liver Transplantation. A Joint Committee representing the Society for the Advancement of Transplant Anesthesia and Society for Pediatric Anesthesia (SPA) surveyed all pediatric anesthesia liver transplant practices to determine if practices were aligned with policies and what changes would be needed for compliance. A survey of the Director or equivalent at each program collected data about specialized knowledge and skill sets. Questions focused on (1) skill and knowledge of the Director and team, (2) requirements for appointment, (3) experience in pediatrics, and (4) characteristics of the program including the availability of pediatric resources. Response rate was 73% (n = 63). Most responding programs had a Director (67%) with certification, selection committee, and continuing education credits outlined in existing policies. Team members met similar requirements. Alternate pathways for acquiring knowledge and skill sets were identified between programs. Pediatric liver transplant anesthesiologists use knowledge and skill pathways that align with the new pediatric policies. We suggest that collaborative work with oversight agencies is needed to resolve high case volume requirements originally designed for adult programs. Most pediatric liver transplant anesthesiologists in the US have specialized knowledge and skills for expert care consistent with current oversight policies. Differences in pathways to acquire knowledge and skill sets were still aligned with the new policies for pediatric transplant surgeons and bylaws for the Director of Transplant Anesthesia. We conclude that minimal changes in case volume requirements to the existing Pediatric Transplant Anesthesiology Directorship criteria that authenticates the pediatric anesthesia Director's position would improve the safety of care without limiting access to transplantation.

Individual responsibility or trust in the state: A comparison of surrogates’ legal consciousness

Drawing on ethnographic research in the United States and Israel, two countries that have long-term experience with surrogacy, we compare surrogates’ understanding of, approaches to, and expectations about regulation. Women who become surrogates in these two countries hold opposite views about regulation. US surrogates formulate their rejection of standardized regulation—including standardized screening and contracts—by emphasizing their own responsibility for the legal, relational, and medical aspects of surrogate pregnancy. They want more oversight of fertility clinics and surrogacy agencies but ultimately argue for individual accountability. Israeli surrogates, conversely, support centralized government regulation of the practice and even defend Israel’s centralized regulation of surrogacy; many advocate for the extension of the law and the state to assume more responsibility for these arrangements. We discuss these differing formations of legal consciousness in terms of Engel’s conceptualization of “individualism emphasizing personal responsibility” versus “rights-oriented individualism.”

Robert Califf Back as FDA Head.

Following confirmation by the U.S. Senate, Robert Califf, MD, a former FDA commissioner who oversaw the creation of the Oncology Center of Excellence, extended the agency's oversight of tobacco products, and pushed to expand the use of real-world evidence in regulatory decision-making, is returning to lead the agency.

МЕЖДУНАРОДНЫЙ ОПЫТ КООРДИНАЦИИ ДЕЙСТВИЙ ПРАВООХРАНИТЕЛЬНЫХ ОРГАНОВ

The article researched international experience in coordinating the action of law enforcement agencies in modern international law. It is stated that, enforcement agencies are those institutions that enforce the laws, including election-related laws. Enforcement аs an important integrity mechanism as it deters those who might be interested in subverting the system as well as identifies and punishes those who have broken the law. The responsibilities for enforcing laws and codes are usually divided among different agencies, depending on the nature and severity of the problem. Initial investigations may start with the oversight agency, but can be referred to an enforcement agency if it was determined that legal enforcement was required. For example, potential criminal cases uncovered during a routine audit can be referred to the justice system. If the prosecuting authorities decide to pursue the case, they could charge and prosecute the alleged perpetrator, with a court pronouncing sentence if the defendant were found guilty. Jurisdictionally, there can be an important difference between international law enforcement agencies and multinational law enforcement agencies, even though both are often referred to as «international», even in official documents Effective enforcement requires a functioning legal system and a respect for the rule of law. An important factor in maintaining integrity in enforcement is the independence of the judiciary, as justice is supposed to be administered fairly, equally and impartially. The prevention, investigation and cessation of international and many domestic crimes, as well as the prosecution of those responsible for their commission, are not it is always possible alone, without the help of other states and international organizations. Achieving this goal requires states not only to proclaim unilateral declarations of intent, participation in the signing international treaties and the activities of international institutions, but also the actual implementation of joint and agreed activities aimed at combating transnational and domestic organized crime.

The European and national parliaments in the area of freedom, security and justice: does interparliamentary cooperation lead to joint oversight?

ABSTRACT To what extent does the cooperation of national parliaments and the European Parliament strengthen the oversight of EU executive actors in the Area of Freedom, Security and Justice? The article provides an ideal-typical conceptualisation of individual and joint parliamentary oversight in the EU’s multi-level system. Legislative scrutiny is examined for the case of the General Data Protection Regulation and agency oversight is analysed for the case of Europol. In both cases, the article demonstrates that the interparliamentary cooperation has not led to a joint oversight. Legislative scrutiny was badly timed, characterised by diverging interests, and a high fluctuation of the participating parliamentarians. The Joint Parliamentary Scrutiny Group over Europol has turned out to become a primarily symbolic layer to the ‘individual oversight’ exercised by the European Parliament’s LIBE committee.

More than agents: Federal bureaucrats as information suppliers in policymaking

AbstractBureaucrats are frequently conceptualized as agents of Congress, with much focus placed on their expertise as policy implementers or evaluators. That same expertise, though, allows bureaucrats to supply Congress with information throughout the policy process. Bureaucrats are just one of the many actors that compete to supply Congress with information to define problems and develop solutions. Congressional committees must prioritize all available information, deciding what to attend and what to ignore. I argue that bureaucrats are more likely to testify at hearings when there is (1) limited availability of alternative information sources, (2) the information they hold is necessary for achieving committee goals or tasks (ex. agency oversight), and (3) the information they have can alleviate diverse committee workloads. Using a new dataset of witnesses testifying at congressional committee hearings, I find that the prioritization of bureaucrats as witnesses is explainable in terms of policy area, committee type, and committee agenda.

Community-Based Monitoring Detects Sources and Risks of Mining-Related Water Pollution in Zimbabwe

Although mining and mineral processing are vital for many economies in the Global South, they are associated with enormous challenges of managing potentially devastating environmental impacts. In contexts where environmental oversight agencies often lack financial and personal capacities to fulfill their role, community-based monitoring might be a valid alternative to monitor potential environmental impacts. In this study, we present the setup and the implementation of a citizen science project to monitor water quality parameters in a river downstream of a coal mining area in Hwange, Western Zimbabwe. In a joint effort over 1.5 years, community monitors and scientists took close to 800 water samples in the Deka River and effluent channels. The data allowed identifying sources of pollution and relating these to past and present mining activities. The primary source of acid mine drainage came from abandoned underground mine sites. Illegal mine water dumping from active mine sites accentuated the problem and resulted in fish kills and food risks for the local population. Concentrations of manganese, nickel and arsenic were exceeding national fresh water guidelines and international drinking water standards. Manganese concentrations exceeded guidelines by a factor of 70 resulting in a public health risk. In this study, we showed that community-based monitoring offers a promising approach to establish a high-quality dataset for assessing mining-related risks if the implementation of sampling protocols is followed tightly. The monitoring scheme significantly improves the collection and interpretation of water quality data in challenging contexts where governmental institutions and industrial players are not enforcing environmental standards.

PERAN KOMISI YUDISIAL DALAM MENGATUR PERILAKU HAKIM

This paper will discuss the role of the Judicial Commission in regulating the behavior of judges, so the formulation of the problem in this paper is how the role of the Judicial Commission in regulating the behavior of judges considering the position of judges in Indonesia is law enforcement officers who occupy a fairly high position in law enforcement in Indonesia. . To answer this problem, the author will use a qualitative method by searching the literature that discusses the problems above to be analyzed in order to draw conclusions. The finding in this paper is that the emergence of the Judicial Commission which is an external oversight agency makes behavior more controlled and directed in order to judge and decide in the fairest way possible to the people seeking justice.

Advances and Missteps in Diagnosing Premature Ejaculation: Analysis and Future Directions

There are several problems with diagnostic criteria for premature ejaculation (PE) that lack objectivity, clarity and precision. They hamper accurate determination of PE prevalence estimates, investigations into the etiology of the dysfunction, impact on partners, development of validated Patient Reported Outcomes, regulatory authority oversight, and which men might benefit from specific treatment interventions. We sought to review, analyze and comment on the evolution of the definitions of PE and offer suggestions for future directions for PE definitions. Our goal is to propose strategies whereby the criterion sets are useful to researchers, clinicians and governmental oversight agencies alike and bring harmony and scientific rigor among the conflicting and confusing definitions. There are several premature ejaculation definitions published in the peer reviewed medical literature. The PUBMED electronic database from 1970 to 2021 was searched for published definitions. Search terms included the medical subject headings of premature ejaculation, definition and diagnosis. In chronological order, Table 1 lists the various diagnosis and criteria sets for PE. We discuss the process by which constructs, which make up diagnostic criteria sets, are operationalized and validated. We review definitions of PE beginning with Masters and Johnson's focus on partner orgasmic attainment and move through the nebulous and subjective criterion sets found in the early Diagnostic and Statistical Manuals and International Classification of Disease series, to the more evidenced-based definitions found in International Society of Sexual Medicine, Diagnostic and Statistical Manuals-5 and the American Urological Association (AUA) definitions. Additionally, we discuss how constructs and criteria sets have been adopted to minimize errors of inclusion and exclusion in defining disease/dysfunction. This manuscript offers a careful chronological analysis of the published definitions of PE. This historical lens allows the reader to perceive the shifting science underlying the development of PE definitions. The manuscript is limited regarding our comments on acquired PE as evidenced-based research is incomplete. Over the past 50 years there has been considerable forward momentum in defining PE based on well conducted scientific studies. We support the American Urological Association's modification in Intravaginal ejaculatory latency time to 2-minutes for lifelong PE, concur with the 11th revision of the International Classification of Diseases recommendation for changing the terminology from premature ejaculation to early ejaculation. We also recommend ongoing validation of definitions, moving away from the current heterosexist definition of PE based on penile-vaginal sex and urge further population based research into acquired PE to develop stronger evidenced-based criterion sets for this subtype. Althof SE, McMahon CG, Rowland DL. Advances and Missteps in Diagnosing Premature Ejaculation: Analysis and Future Directions. J Sex Med 2022;19:64-73.

Human-Factor Risk Mitigation in Outdoor Climbing Areas: Survey of Existing Policies in Regulated Climbing Areas.

Popular climbing areas in the United States are frequently on public lands under administrative purview of land management entities. During climbing, climbers may be subject to injury. This study aimed to describe existing climbing risk mitigation tactics used to protect climbers by oversight agencies responsible for these public climbing areas and to identify strategies perceived by the oversight agency to be successful. We identified publicly managed US bouldering, sport, or traditional climbing areas through a state-by-state search of Mountain Project. We assessed climbing-related visitation, injury, rescue, and risk mitigation strategies using a 10-item survey targeting land-use managers, rangers, outdoor recreation planners, and park managers. Quantitative analysis included univariate and multivariate analysis. Qualitative analyses of survey responses with thematic grouping of mitigation interventions were performed. One hundred fifty-seven publicly managed US climbing areas were contacted, and 76 (48%) provided data. Thirty-six (47%) of those that provided data stated that programs are in place to reduce climbing-related injury. There were no associations between demographic variables and the presence of risk mitigation strategies. Four themes of climbing risk mitigation strategies emerged: coordination with climbing coalitions (25% of respondents), permitting (22% of respondents), publication of accident reports (22% of respondents), and preventative search and rescue (17% of respondents). Nearly half of survey respondents reported having climbing risk mitigation programs. There is opportunity to assess the efficacy of risk mitigation strategies through intra-area and inter-area assessments. A centralized climbing injury database may prove useful for assessing the efficacy of and need for risk mitigation techniques.