Organizational Challenges to Regulatory Enforcement and Compliance: A New Common Sense about Regulation THE ANNALS of the American Academy of Political and Social Science September 2013, Volume 649 Special Editor: Susan S. Silbey Following a series of global financial and economic crises at the end of the first decade of the twenty-first century, we hear renewed calls for increased government regulation of the economy (including finance, banking, insurance, communications, environment, and employment) as a necessary safeguard against the excesses of exuberant capitalism. At the same time, opponents argue that government regulation not only dampens market efficiencies and hinders economic growth in general but specifically encourages the predatory and fraudulent practices responsible for the recent Great Recession. This volume of The ANNALS analyzes the bodies of scholarship on regulation as well as the empirical models and policy advice that have both fueled and responded to conventional public regulation by rethinking these paradigms from the perspective of the regulated organizations—in all their diversity and complexity. These articles examine three features of the contemporary situation that demand new ways of looking at the processes and prospects of regulation: experiences with innovative regulatory models propagated as risk management; failures of organizational self-governance; and new forms of networked and dispersed global organizations. We suggest that a new common sense about regulation acknowledges the ubiquity of legal regulation and the contextual conditions that frame the normative interpretations, the global circulation of regulation that has transformed its scale, and finally the role of the organization as the locus of regulation. Paperback: $35.00, Sale Price $28.00, ISBN: 978-1-4833-4508-6 Hardcover: $48.00, Sale Price $38.40, ISBN: 978-1-4833-4507-9

How to induce corporate compliance with regulations? Harsh punishments will cause companies to disguise violations, and mild punishments will cause companies to report their violations and make weak efforts to avoid them. In this book, Sharon Oded canvasses the history of thinking about corporate compliance, and he proposes his own candidate for the best law. This is a sophisticated account of legal incentives that will repay any reader interested in corporate compliance. Robert Cooter, University of California, Berkeley, US The effective control of corporate misconduct is a vital but elusive task for regulators, given the complexity of organization structures and the need to find the right balance between deterrent- and cooperative-based enforcement policies. In this powerful and comprehensive study, Sharon Oded argues for combining different approaches and boldly advocates, in particular, the use of third-party independent corporate monitoring firms to implement self-policing strategies. This will be essential reading for those involved in the theory or practice of regulatory corporate enforcement. Anthony Ogus, University of Manchester, UK and University of Rotterdam, The Netherlands This book considers how a regulatory enforcement policy should be designed to efficiently induce proactive corporate compliance. It first explores two major schools of thought regarding law enforcement, both the deterrence and cooperative approaches, and shows that neither of these represents an optimal regulatory enforcement paradigm from a social welfare perspective. It provides a critical analysis of recent developments in US Federal corporate liability regimes, and proposes a generic framework that better tailors sanction schemes and monitoring systems to regulatee performance. The proposed framework efficiently induces corporate proactive compliance, while maintaining an optimal level of deterrence. This insightful book will appeal to academics in law and economics, behavioral economics, criminology, and business, as well as to practitioners and policymakers.

This book seeks to enrich and, in some cases, reverse current ideas on corruption and its prevention. It is a long held belief that sanctions are the best guard against corrupt practice. This innovative work argues that in some cases sanctions paradoxically increase corruption and that controls provide opportunities for corrupt transactions. Instead it suggests that better regulation and responsive enforcement, not sanctions, offer the most effective response to corruption. Taking both a theoretical and applied approach, it examines the question from a global perspective, drawing on in particular a regulatory perspective, to provide a model for tackling corrupt practices.

The Cross-Cultural Decision Making (CCDM) research focuses on improved decision making across a variety of cultural constructs, including geographical, historical, sociological, organizational, team, and technology interactions. This includes the research of experts and industry practitioners from multidisciplinary backgrounds, including sociology, linguistics, human-computer interaction, human factors engineering, systems engineering, military science, psychology, neuroscience, instructional design, and education, who showcase the latest advances in our understanding of the role of culture on decision making in numerous settings. Improved decision making among members of diverse teams and within organizational systems, and innovative ways to measure and assess that process, comprise the foundation for many projects discussed in these volumes. The influence of culture on decision making is pervasive, as reflected in the diverse disciplines represented by those individuals and entities involved in sociocultural research and engineering. This CCDM book features papers that discuss emerging concepts, theories, and applications of cross-cultural decision making knowledge. The work described in these chapters reflects dedicated research by a wide range of expert academics and practitioners from around the world.

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.

This edited book is intended to address the need for an updated look at the HRM legal and regulatory environment. Contrary to existing books which address legal issues in HRM from a narrower focus or specific issue (like sexual harassment, performance appraisal or employment termination), this book provides a comprehensive and in-depth look at legal issues, regulations and laws which govern all aspects of human resource management—recruitment, selection, placement, performance management (i.e., employee training and development), benefits and compensation—and specific issues such as job analysis, sexual harassment, and the like. The contributors to this book offer their insight derived from their own research and practical experience with the HRM legal and regulatory environment/world of work. More specifically, the contributors examine, analyze and discuss challenges, issues and opportunities related to HRM legal and regulatory issues and the implications for employees and their organizations while emphasizing the importance of navigating such laws and regulations to the employment cycle and toward sustainable competitive advantage in today’s and tomorrow’s organizations.

Understand the key principles and practices of corporate law with this essential guide. Covering topics from governance to compliance, this book is designed for legal professionals and business leaders navigating the complex landscape of corporate law.