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Compliance has become key to our contemporary markets, societies, and modes of governance across a variety of public and private domains. While this has stimulated a rich body of empirical and practical expertise on compliance, thus far, there has been no comprehensive understanding of what compliance is or how it influences various fields and sectors. The academic knowledge of compliance has remained siloed along different disciplinary domains, regulatory and legal spheres, and mechanisms and interventions. This handbook bridges these divides to provide the first one-stop overview of what compliance is, how we can best study it, and the core mechanisms that shape it. Written by leading experts, chapters offer perspectives from across law, regulatory studies, management science, criminology, economics, sociology, and psychology. This volume is the definitive and comprehensive account of compliance.
Jennifer Arlen brings together 13 original chapters by leading scholars that examine how to deter corporate misconduct through public enforcement and private interventions. Scholars from a variety of disciplines present both theoretical and empirical analyses of organizational and individual liability for corporate crime, liability for foreign corruption, securities fraud enforcement, compliance, corporate investigations, and whistleblowing. This Research Handbook also highlights promising avenues for future research.
This book examines the theories and practice of how to control corporate behaviour through legal techniques. The principal theories examined are deterrence, economic rational acting, responsive regulation, and the findings of behavioural psychology. Leading examples of the various approaches are given in order to illustrate the models: private enforcement of law through litigation in the USA, public enforcement of competition law by the European Commission, and the recent reform of policies on public enforcement of regulatory law in the United Kingdom. Noting that behavioural psychology has as yet had only limited application in legal and regulatory theory, the book then analyses various European regulatory structures where behavioural techniques can be seen or could be applied. Sectors examined include financial services, civil aviation, pharmaceuticals, and workplace health & safety. Key findings are that 'enforcement' has to focus on identifying the causes of non-compliance, so as to be able to support improved performance, rather than be based on fear motivating complete compliance. Systems in which reporting is essential for safety only function with a no-blame culture. The book concludes by proposing an holistic model for maximising compliance within large organisations, combining public regulatory and criminal controls with internal corporate systems and external influences by stakeholders, held together by a unified core of ethical principles. Hence, the book proposes a new theory of ethical regulation. This title is included in Bloomsbury Professional's International Arbitration online service.
Today’s businesses have an obligation to conduct themselves in an ethical and responsible manner at all times. Fortunately, many businesses have historically embraced the idea that they can operate in an ethically & responsible manner. However, there are way too many companies that are willing to cut corners and do whatever it takes to make a profit, thus contributing to the vortex of mistrust, distrust, misinformation, disinformation and less than full disclosures as a result of their unethical misconduct. This book takes the position that ‘enough is enough’ and argues that all businesses can and must be ethically responsible no matter its size or whether it operates locally or globally. The book describes the features of an ethically responsible (e.g., ethical and socially responsible) organization that is committed to always “doing the right things” which means they are committed to building, institutionalizing and sustaining an ethically oriented organizational culture. Ethical responsibility means maintaining —even improving— your bottom line, while setting a high bar for high ethical standards AND making a positive contribution to society. The book argues that organizations must be attentive to ensuring that the culture has as its core accountability, responsibility, and learning which means it invests in developing and expecting all of its employees to be fully engaged in making ethical decisions and being ethical leaders. The book also discusses what it means to be an ethically responsible global business, leader, middle manager, and lower level employee. The Ethically Responsible Organization provides a detailed look at the importance of organizations doing preventive work to avoid ethical falls or scandals and takes the position that if such a fall or scandal occurs then the company should seize the moment and learn from the experience by becoming a learning organization. The book also takes the position that an ethically responsible organization is already a learning organization where continuous inquiry, diagnosis, reflection, learning and self-correction is the keystone of the way it operates. Finally, the book offers some ideas on how organizations can reinforce and sustain themselves as ethically responsible businesses today and in the future by taking a strategic approach to ethics that includes constant and consistent ethics training and education for all its employees and partners. In the end, the purpose of the book is to continue to increase our understanding of why organizations stray from “doing the right things” and how a focus on being ethically responsible can position companies to avoid or quickly respond to any potential ethical misconduct or find themselves in the list of the years’ top ethical scandals. This book is written for all those who also take the stance that ‘enough is enough’ when it comes to the headlines of another failure because the organization’s leaders would not commit to being ethically responsible and find themselves in the throes of an ethical scandal and unable to recover from it – and like “Humpty Dumpty, all the kings horses and all the kings men the company can’t recover from what was a preventable ethical fall.”
In the current business climate the impact of the volume and nature of regulatory change and the regulatory risk arising from this is a significant business risk for regulated firms and regulators alike. As a consequence, management of this risk is increasingly high on the board agenda of regulated firms, with those business functions whose activities support this, such as Compliance, facing increasing levels of challenge in their efforts to be effective. The Changing Face of Compliance addresses core aspects of this challenge, considering the relationship between regulation and compliance and key influences on both, offering insight into the effectiveness of current approaches and addressing practical compliance challenges. Sharon Ward explains how the role of Compliance might be strengthened and those who work within it further enabled to support the current focus on improving standards in business, offering recommendations for enhancing this role. The text includes a mix of hands-on advice, examples and research based on the experiences of practitioners, educators and regulators drawn from across a wide range of jurisdictions and sectors. This is a thoughtful and timely book, whether you are concerned about the growing and changing implications of regulatory risk; the benefit of leveraging additional value from your Compliance function or your own Compliance role; or ways of transforming and sustaining the function to ensure its continued relevance to the business.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.