Law Commons^™

Governance And Public Transparency: The Brazilian Case, Humberto E.C. Mota Filho, Cláudio Nascimento Alradique

Center for the Advancement of Public Integrity (Inactive)

Aiming to provide an overall assessment of the impact of the Constitution of the Federative Republic of Brazil (“CFRB” - which is in effect since 1988), in the construction of a Democratic State of Law, over the past 30 years, this article investigates how the institutional improvements achieved took form, the transformation of the State's role in the enforcement of human rights and individual guarantees, and the changes that took place towards a democratic political culture, both from the perspective of the citizen relating to the State and the citizen relating to the State's external oversight body (“TCU” - Federal …

Oversight And Enforcement Of Public Integrity – A City-By-City Study: Nashville, Berit Berger, Edward Popovici, Rosie Fatt, Benjamin Bleibert

Center for the Advancement of Public Integrity (Inactive)

Nashville’s identity, at least to an outsider’s eye, is inextricably linked to its musical heritage. But quite apart from its lyrical inclinations, Music City USA also has history of corruption scandals, countered by grassroots efforts of its citizenry to push for a more open and transparent government. The recent corruption charges against ex-Mayor Megan Barry and the “Do Better” law passed at the end of 2018 perfectly exemplify these dueling motifs of corruption and public integrity activism.

Nashville was founded in 1779 under the name of Fort Nashborough. In 1806, Nashville was granted a charter by the Tennessee legislature and …

Proposal For A New State Ethics Commission In New York, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

With the start of the 2019 legislative session, some New York lawmakers are setting their sights on overhauling the state’s current anti-corruption and ethics structure. Since 2000, 30 New York lawmakers have left state office facing criminal or ethical allegations and many more public employees have faced allegations of criminal or unethical conduct and termination of their employment. Leading the effort to overhaul the current system is Senator Liz Krueger, a Democrat from Manhattan, who recently announced her plan to introduce a constitutional amendment that would create a new independent ethics commission to investigate wrongdoing by public officials. The Center …

Profile In Public Integrity: Ann Ravel, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Ann M. Ravel was nominated to the Federal Election Commission (FEC) by President Barack Obama on June 21, 2013. After her appointment received the unanimous consent of the United States Senate, Ms. Ravel joined the Commission on October 25, 2013. She served as Chair of the Commission for 2015 and Vice Chair for 2014 before leaving in 2017. Previously, Ms. Ravel served as Chair of the California Fair Political Practices Commission (FPPC), to which Governor Edmund G. Brown, Jr. appointed her. Before joining the FPPC, Ms. Ravel served as Deputy Assistant Attorney General for Torts and Consumer Litigation in the …

The New York State Commission On Prosecutorial Conduct, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

On August 20th, 2018, Governor Cuomo signed into law a bill that created the nation’s first state commission on prosecutorial conduct (the “Commission”). Since its inception, the law has elicited strong opposition from prosecutors and prosecutorial groups and equally fervent advocacy among members of the New York defense bar and other supporters. Supporters claim that the law is an invaluable tool in the fight against unethical prosecutorial conduct, while opponents such as the District Attorneys Association of the State of New York (“DAASNY”) claim that the law violates both the New York State and U.S. Constitution. On October 17, 2018, …

Assessing Australia's National Integrity Framework: A New Way Forward, Anita Das

Center for the Advancement of Public Integrity (Inactive)

Historically, Australia has not been regarded as a particularly corrupt country. In 2012, Transparency International ranked Australia as the 7th least corrupt country in its Corruption Perceptions Index. This ranking has deteriorated six places in four years; in 2016, Australia landed in 13th place on the same index.

This sharp decline, in conjunction with continued revelations of corrupt conduct in the public, private and union sectors, has resulted in unprecedented national attention on corruption issues. As a result, the Australian federal government is currently considering a suite of reforms related to anti-corruption enforcement, including the introduction of deferred prosecution agreements, …

Ethical Issues In The Trump Era: A Conversation With Walter Shaub, Former Director Of The U.S. Office Of Government Ethics, Sabrina Singer

Center for the Advancement of Public Integrity (Inactive)

On October 17, 2017, CAPI hosted Walter Shaub, former Director of the U.S. Office of Government Ethics, in a conversation with Columbia Law School Professor Richard Briffault before a crowded room of students, faculty, and practitioners. Shaub, now a Senior Director at the Campaign Legal Center, spoke about his 15-year career at the Office of Government Ethics (OGE) that ended with his resignation in the summer of 2017. Most of the hour-long event focused on the work and the role of OGE, what Shaub intended to accomplish there, and why he resigned. Shaub indicated that his goal while serving as …

Challenges Facing New Oversight Bodies, Center For The Advancement Of Public Integrity, Adoree Kim

Center for the Advancement of Public Integrity (Inactive)

Oversight bodies are integral to a strong anti-corruption framework. However, even once the process for establishing such a body begins, countless challenges may be encountered before the agency is up and running effectively. This brief identifies a few of the most critical challenges during this process, based on the accounts of agencies including (1) the Independent Broad-based Anti-Corruption Commission (IBAC) of Victoria, Australia, (2) the Office of the Inspector General of Montreal (Montreal OIG), and other relevant offices.

Each oversight body is unique in its history and attributes, such that a single set of common challenges is unlikely to exist …

Enforcement Challenges And Victories, Andrew Kuntz

Center for the Advancement of Public Integrity (Inactive)

In June 2017, CAPI presented the second installment of our signature conference, Global Cities II, which brought together anti-corruption leaders from government and civil society worldwide, including delegates from Bogotá, Cape Town, London, Melbourne, Miami, Montréal, New York, Paris, Rio de Janeiro, and San Francisco, to discuss important topics such as using data analytics to combat corruption, government transparency, enforcement challenges and victories, and innovations in oversight.

Transparency Trends Around The World, Jason Bressler

Center for the Advancement of Public Integrity (Inactive)

In June 2017, CAPI presented the second installment of our signature conference, Global Cities II, which brought together anti-corruption leaders from government and civil society worldwide, including delegates from Bogotá, Cape Town, London, Melbourne, Miami, Montréal, New York, Paris, Rio de Janeiro, and San Francisco, to discuss important topics such as using data analytics to combat corruption, government transparency, enforcement challenges and victories, and innovations in oversight.

Profile In Public Integrity: Jan Yamane, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Jan Yamane is the Executive Director and Legal Counsel of the Honolulu Ethics Commission, a position she has held since August 2016. Before joining the Ethics Commission, Yamane worked for over ten years in the Office of the Hawaiʻi State Auditor, most notably as acting Hawaiʻi State Auditor from 2012-2016. Yamane holds a Juris Doctorate from the University of Hawaiʻi at Mānoa and a master’s degree from Harvard University.

Profile In Public Integrity: Melinda Miguel, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Melinda Miguel served as Florida’s Chief Inspector General from 2007-10 and 2011-17, and has also served as an Inspector General for the Florida Department of Elder Affairs, the Florida Department of Education, the Florida Office of the Attorney General, and the Florida State Board of Administration. She is currently the CEO and President of Melinda Miguel Solutions, a management consulting company.

Profile In Public Integrity: Cynthia Carrasco, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Before becoming the Inspector General for the state of Indiana, Cynthia Carrasco was the executive director of the Indiana Ethics Commission. In 2015, she was named one of Indiana’s “Forty Under 40” by the Indianapolis Business Journal. A graduate of the Indiana University (IU) Robert H. McKinney School of Law, she serves as a volunteer for the IU Latino Alumni Association and the Indiana University Health Patient-Family Advisory Council.

Profile In Public Integrity: Heather Holt, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Heather Holt is in her sixth year as the Executive Director of the Los Angeles City Ethics Commission. Before joining the Ethics Commission in 2006 as the Director of Policy and Legislation, Holt served as an ethics officer for the Los Angeles County Metropolitan Transportation Authority. She has served as legal and policy counsel to several cities in San Diego County, the United States House of Representatives, the federal Environmental Protection Agency, and the Maine State Legislature. She has also served as the director of a nonprofit agency that provides assistance to military families. A Southern California native, Holt holds …

Does Seeking Cell Site Location Information Require A Search Warrant?: The Current State Of The Law In A Rapidly Changing Field, Wesley Cheng

Center for the Advancement of Public Integrity (Inactive)

In 2015, a divided panel of the Fourth Circuit ruled in United States v. Graham that the collection of cell site location information (CSLI) without a search warrant was an unreasonable intrusion under the Fourth Amendment. With Graham, the Fourth Circuit split from all of the other circuits to have decided this question. Earlier this year, however, on May 31, 2016, an en banc Fourth Circuit reversed course, holding contrary to the original Fourth Circuit decision in United States v. Graham that a warrant is not required for CSLI.

With the new en banc decision the Fourth Circuit now …

An Honest Day's Work: Regulating State Lawmakers' Outside Income, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

The practice of permitting legislators to earn outside income, income apart from compensation for service in office, is a frequent battlefield in the fight against legislative corruption in the United States. Critics of the practice argue that such income creates potential conflicts of interest, pitting legislators’ personal pecuniary interests against the public interest. As public servants, legislators should not be accountable to other paymasters and should not use their legislative positions to enrich themselves beyond their official salary. On the other hand, legislators point out that their positions are generally low-paid and part-time, and that they have the right—perhaps …

An Overview Of State And Local Anti-Corruption Oversight In The United States, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

The United States has a decentralized system of anti-corruption oversight unique in the world. Instead of a national anti-corruption agency, like most countries, the federal government has a profusion of institutions including the Government Accountability Office in the legislative branch, the Office of Government Ethics in the executive branch, and more than 70 inspectors general responsible for monitoring a specific department or program.

At the state level, the oversight landscape is even more variegated. Some states, cities, and counties have multiple agencies while others have one or none at all. Some watchdog agencies have large staffs with sweeping investigative powers, …

Mexico City's Citizen Comptroller Program, Patricio Martinez Llompart

Center for the Advancement of Public Integrity (Inactive)

Since 1997, Mexico City has had an autonomous, elected government responsible for meeting the needs of nearly nine million metropolitan citizens. Controlling corruption has been a key public priority. In 2004, the city government passed the Citizen Participation Act (Ley de Participación Ciudadana), which established a landmark program to enlist citizen volunteers directly in the day-to-day work of procurement oversight.

These trained volunteers, called “citizen comptrollers,” act as ground-level watchdogs to observe and evaluate public contracting processes. The “bottom up” approach to municipal anti-corruption control pioneered by the Citizen Comptrollers program can serve as an innovative model for cities and …

Profile In Public Integrity: Robert Lafrenière, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Robert Lafrenière is the Commissioner of Quebec’s Permanent Anti-Corruption Unit (l’Unité permanente anticorruption, or UPAC), which he has led since its creation in 2011. In early 2016, he was appointed to a second five-year term. Prior to UPAC, Lafrenière served for two years as Deputy Minister of Quebec’s Ministry of Public Safety (ministère de la Sécurité publique du Québec, or MSP). Earlier in his career, Lafrenière served in Quebec’s provincial police force (Sûreté du Québec), and taught policing at the Collège de Maisonneuve in Montreal.

Profile In Public Integrity: Hubert Sparks, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Hubert Sparks was appointed the first inspector general of the Appalachian Regional Commission in 1989 and was also the first inspector general of the Denali Commission. Previously, Sparks served 29 years in oversight roles at Offices of the Inspector General at the Departments of Agriculture, Homeland Security, and Veteran’s Affairs. He is a member of the Council of the Inspectors General on Integrity and Efficiency and served on the President’s Council on Integrity and Efficiency. A native of Brooklyn, New York, Sparks holds a B.B.A. in accounting from the City College of New York.

Profile In Public Integrity: Jane Feldman, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Jane Feldman was recently appointed as the first executive director of the New York Assembly’s new Office of Ethics and Compliance. She previously served as the first executive director of the Colorado Independent Ethics Commission. After leaving the State of Colorado, Feldman opened Rocky Mountain Ethics Consulting, which worked with local governments to foster ethical organizational cultures. Previously, she co-founded Great Education Colorado and Colorado Protectors of Public Schools, bi-partisan organizations which advocated for increased funding of public schools. Feldman began her career as an assistant district attorney in the New York County District Attorney’s Office. She also served as …

Warrantless Access To Cell Site Location Information Takes A Hit In The Fourth Circuit: The Implications Of United States V. Graham For Law Enforcement, Wesley Cheng

Center for the Advancement of Public Integrity (Inactive)

On August 5, 2015 the Fourth Circuit created a major ripple in Fourth Amendment law by ruling that warrantless access to cell site location information (CSLI) over a lengthy period amounted to an unconstitutional search in United States v. Graham. While the Fourth Court ultimately upheld the defendants’ convictions by applying the Fourth Amendment’s “Good Faith” exception, the ruling created a clear split from the Fifth and Eleventh Circuits, making consideration of the issue by the Supreme Court much more likely.

This article focuses on the facts and the Fourth Amendment arguments of the majority, concurring and dissenting opinions …

For Now, New York State Investigators Can Ping Cellphones Without A Warrant In New York State, Wesley Cheng

Center for the Advancement of Public Integrity (Inactive)

This article examines the major factors shaping the Moorer and Wells decisions. It also analyzes the implications of decisions in other cases involving the use of Geolocation tracking devices, and looks ahead to other areas of litigation that may arise in the future with respect to GPS devices. Finally, it concludes that, assuming Moorer and Wells (or other trial court cases with similar findings) are not overturned on this issue in the higher courts, law enforcement agencies can be comfortable that pinging cellphones is a technique that can be utilized without a warrant in New York.

Profile In Public Integrity: Marjorie Landa, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Marjorie Landa is the Deputy Comptroller for Audit at the Office of the New York City Comptroller. Previously, Landa served as Deputy Commissioner for Legal Affairs to the New York City Department of Investigation. There, she counseled the agency on legal issues including criminal and civil procedure, conflicts of interest, forfeiture and restitution, and the agency’s unique legal authority. Prior to that, Ms. Landa was Deputy Chief in the New York City Office of the Corporation Counsel, Affirmative Litigation Division. In that capacity she served as lead counsel in high-profile cases including fraud, civil RICO, False Claims Act, intergovernmental funding, …

Using Gps Devices In Inspector General Investigations After Cunningham V. New York State Department Of Labor, Wesley Cheng

Center for the Advancement of Public Integrity (Inactive)

When the New York State Office of the Inspector General (“NY-OIG”) suspected that a New York State employee named Michael Cunningham was submitting false time reports, its investigators turned to electronic surveillance to assist in their collection of evidence. Without obtaining a judicial warrant, NY-OIG investigators covertly attached a global positioning system (GPS) device to Cunningham’s car and collected data on Cunningham’s vehicular movements twenty-four hours a day for a month, including during his vacation. Ultimately, the GPS data was used in a disciplinary hearing leading to Cunningham’s termination.

The Role Of The Chief Executive In Domestic Administration, Peter L. Strauss

Faculty Scholarship

Written for an international working paper conference on administrative law, this paper sets the Supreme Court's decision in Free Enterprise Fund v. Public Company Accounting Oversight Board in the context of general American concerns about the place of the President in domestic administration, a recurring theme in my writings.

Overseer, Or "The Decider"? The President In Administrative Law, Peter L. Strauss

Faculty Scholarship

All will agree that the Constitution creates a unitary chief executive officer, the President, at the head of the government Congress defines to do the work its statutes detail. Disagreement arises over what his function entails. Once Congress has defined some element of government and specified its responsibilities, we know that the constitutional roles of both Congress and the courts are those of oversight of the agency and its assigned work, not the actual performance of that work. But is it the same for the President? When Congress confers authority on the Environmental Protection Agency to regulate various forms of …