Regulation And Governance

Comparative 'research': a modest proposal concerning the object of ethics regulation

by Rena Lederman

Introduction: Anxious borders between work and life in a time of bureaucratic ethics regulation

by Rena Lederman

Where Do Firms Issue Debt? An Empirical Analysis of Issuer Location and Regulatory Competition in Europe

by Lars Hornuf

Co-authored with Horst Eidenmueller and Andreas Engert

In this article, we study the choice of issuer location and regulatory competition in the European corporate debt... more In this article, we study the choice of issuer location and regulatory competition in the European corporate debt market. We find that, in absolute terms, Germany has by far the highest outflow of debt issues, while the Netherlands, the UK, Luxembourg and Ireland see the most inflows (in that order). We use a panel gravity model to investigate country specific factors attracting foreign subsidiaries as issuer. The data clearly support the prediction that the locational choice is positively influenced by a low withholding tax rate. There is also some evidence that corporate tax rates play a role. We do not find support for creditor protection rules in bankruptcy as a driver of cross-border debt securities issues. Hence, countries who wish to attract issuers are well-advised to reduce their withholding tax rates – creditor rights seem not to matter.

The social construction of digital danger: debating, defusing and inflating the moral dangers of online humor and pornography in the Netherlands and the United …

by giselinde kuipers

In New Media & Society, 2006.

autorizzazione all'attività di intermediazione finanziaria Commentario al testo unico bancario a cura di Capriglione

by Luca R. Perfetti

Reviewing Italian Bank Law provision on authorisation to be provided by Banca d’Italia to professional broker or... more Reviewing Italian Bank Law provision on authorisation to be provided by Banca d’Italia to professional broker or financial operators, the paper proposes a general framework of State regulatory powers on financial and bank system focused on consumer protection instead of public interest or Economic policy

« La régulation comme technique de gouvernement des conduites. Principes et paradoxes. »

by Claude-Olivier Doron

From  the workshop  « La régulation entre sciences de la vie et sciences du gouvernement », REHSEIS, Paris, 25 janvier 2008, dir. Emmanuel D’Hombres/ Claude-Olivier Doron, mai 2008, in Araben, revue en ligne

Statutory Regulation & the Future of Professional Practice in Psychotherapy & Counselling: Evidence from the Field

by Gerry McGivern

McGivern, G. Fischer, M. Ferlie, E. & Exworthy, M. (2009) ‘Statutory Regulation & the Future of Professional Practice in Psychotherapy & Counselling: Evidence from the Field’. Dept of Management, King’s College London.

Medical regulation, spectacular transparency and the blame business

by Gerry McGivern

McGivern, G. & Fischer, M. (2010) ‘Medical Regulation, spectacular transparency & the blame business’ Journal of Healthcare Organization and Management, 24 (6) 597-610.

Purpose – The purpose of this paper is to explore general practitioners' (GPs') and psychiatrists' views and... more Purpose – The purpose of this paper is to explore general practitioners' (GPs') and psychiatrists' views and experiences of transparent forms of medical regulation in practice, as well as those of medical regulators and those representing patients and professionals.

Design/methodology/approach – The research included interviews with GPs, psychiatrists and others involved in medical regulation, representing patients and professionals. A qualitative narrative analysis of the interviews was then conducted.

Findings – Narratives suggest rising levels of complaints, legalisation and blame within the National Health Service (NHS). Three key themes emerge. First, doctors feel “guilty until proven innocent” within increasingly legalised regulatory systems and are consequently practising more defensively. Second, regulation is described as providing “spectacular transparency”, driven by political responses to high profile scandals rather than its effects in practice, which can be seen as a social defence. Finally, it is suggested that a “blame business” is driving this form of transparency, in which self-interested regulators, the media, lawyers, and even some patient organisations are fuelling transparency in a wider culture of blame.

Research limitations/implications – A relatively small number of people were interviewed, so further research testing the findings would be useful.

Practical implications – Transparency has some perverse effects on doctors' practice.

Social implications – Rising levels of blame has perverse consequences for patient care, as doctors are practicing more defensively as a result, as well as significant financial implications for NHS funding.

Originality/value – Transparent forms of regulation are assumed to be beneficial and yet little research has examined its effects in practice. In this paper we highlight a number of perverse effects of transparency in practice.

Governmental Stakeholders in Nuclear Projects

by Liisa Sallinen

Authors: Sallinen, L., Ruuska, I., Ahola, T.

The was paper presented at NFF (Nordic Academy of Management) Conference, August 22nd-24th, 2011, Stockholm, Sweden.

The paper is iIn review process

To be updated by 30.4.2012 To be updated by 30.4.2012

Book review: Mark Sidel: Regulation of the Voluntary Sector: Freedom and Security in an Era of Uncertainty

by Rene Bekkers

How Firms Translate Regulatory Messages

by Sharon Gilad

Discussion Paper, Center for Analysis of Risk and Regulation, the London School of Economics

How is the meaning of 'compliance' constructed within regulatory regimes and by corporations? This important question... more How is the meaning of 'compliance' constructed within regulatory regimes and by corporations? This important question has received surprisingly little attention in regulation scholarship. The key focus of existing regulatory research has been on the
shaping of organisations' motivations for compliance, while bypassing the processes whereby corporations interpret and enact regulatory demands. Building on recent Sociological New Institutionalism research, this article argues that the content of compliance is shaped by regulators and firms' sequential and continuous framing, reframing and translation of regulatory messages. The result of this process is that even when regulated corporations are committed to comply, their translation of regulation will be shaped by local framings of problems and solutions. These arguments are based on a case study of the British Financial Service Authority's (FSA) framing of its requirement that firms 'treat customers fairly' and of the firms' strategic and non-strategic reframing and translation of this demand. The contribution of the article is both theoretical – highlighting the interpretative gap in current compliance theory – and methodological – developing a methodology for analysis of compliance-meaning construction.

PEZZILLO IACONO M., MARTINEZ M., GALDIERO C, Public-private partnerships in the Italian healthcare sector: the analysis of organizational forms, Organizational excellence in service, XIV Toulon Verona Conference ISBN 9788890432712; University of Alicante, 2011

by Marcello Martinez

MARTINEZ M., GALDIERO C., PERRINI M., MERCURIO R., CERBO M., Organizzazione, governance e controllo delle società miste pubblico privato in sanità: tra opportunità e criticità, in Borgnonovi E., Mussari R, ISBN 9788815234070 Collaborare e competere per un mercato responsabile e solidale, Il Mulino, Bologna, 2011

by Marcello Martinez

The Perfect Solution: How Trans Fats Became the Healthy Replacement for Saturated Fats

by David Schleifer

David Schleifer. 2012 “The Perfect Solution: How Trans Fats Became the Healthy Replacement for Saturated Fats.” Technology and Culture 53(1): 94-119.

Trans fats became part of the American food system due to a complex interplay among activism, industrial technology,... more Trans fats became part of the American food system due to a complex interplay among activism, industrial technology, and nutritional science. Some manufacturers began using partially hydrogenated oils, which contain trans fats, in the early twentieth century. Medical authorities began framing saturated fats as unhealthy in the 1950s. In the 1980s, activist organizations, including the Center for Science in the Public Interest, condemned food corporations’ use of saturated fats and endorsed trans fats as an acceptable alternative. Nearly all targeted corporations responded by replacing saturated fats with trans fats, which fit easily into their existing products. Trans fats thus became the perfect solution to the political problem of saturated fats and to the technical problem of what to use in their place. Activists helped precipitate technological change, but by 1994, trans fats were no longer regarded as a solution. Instead, they became regarded as a new nutritional problem.

Medical regulation, spectacular transparency and the blame business

by Michael Fischer

Co-authored with Gerry McGivern (2010) Special issue on ‘Modernising medical regulations – where are we now?’ Journal of Health Organization and Management, 24(6): 597–610

The purpose of this paper is to explore general practitioners' (GPs') and psychiatrists' views and experiences of... more The purpose of this paper is to explore general practitioners' (GPs') and psychiatrists' views and experiences of transparent forms of medical regulation in practice, as well as those of medical regulators and those representing patients and professionals. The research included interviews with GPs, psychiatrists and others involved in medical regulation, representing patients and professionals. A qualitative narrative analysis of the interviews was then conducted. Narratives suggest rising levels of complaints, legalisation and blame within the National Health Service (NHS). Three key themes emerge. First, doctors feel "guilty until proven innocent" within increasingly legalised regulatory systems and are consequently practising more defensively. Second, regulation is described as providing "spectacular transparency", driven by political responses to high profile scandals rather than its effects in practice, which can be seen as a social defence. Finally, it is suggested that a "blame business" is driving this form of transparency, in which self-interested regulators, the media, lawyers, and even some patient organisations are fuelling transparency in a wider culture of blame. A relatively small number of people were interviewed, so further research testing the findings would be useful. Transparency has some perverse effects on doctors' practice.

SOCIAL IMPLICATIONS: Rising levels of blame has perverse consequences for patient care, as doctors are practicing more defensively as a result, as well as significant financial implications for NHS funding. Transparent forms of regulation are assumed to be beneficial and yet little research has examined its effects in practice. In this paper we highlight a number of perverse effects of transparency in practice.

Introduction: Material Worlds: Intersections of Law, Science, Technology and Society

by Christopher Lawless

Co-authored with Alex Faulkner and Bettina Lange

Globalisation And Regulatory Autonomy In Small Developing States: The Case Of Jamaican Telecommuncations Reform

by Lindsay Stirton

Will There Be Fallout from Clementi? The Global Repercussions for the Legal Profession after the UK Legal Services Act 2007

by John Flood

Miami-Florida European Union Center Jean Monnet/Robert Schuman Paper Series, Vol. 8, No. 6

The paper presents the historical arguments that led to the Clementi review of the legal profession and its... more The paper presents the historical arguments that led to the Clementi review of the legal profession and its culmination in the Legal Services Act 2007. There were two strands: one based on consumerism (too many complaints about lawyers' services); the other based on a sustained investigation by the competition authorities into professions' restrictive practices (anti-competitive unless proved in the public interest). These led to the abandonment of traditional forms of organization for lawyers' practices (alternative business structures) and the imposition of a new regulatory structure for the profession (oversight and frontline regulators).

In the second part of the paper I examine the trends in lawyers' practices as currently pursued and as envisaged by the Act as aligned with our conceptions of professionalism. Using two hypotheticals: Tesco Law, and Goldman Sachs Skadden, I chart a move from professionalism to deskilling and proletarianization in the legal profession, not unlike that which existed in the 19th century.

This dystopian view, which is essentially a top down conception of the legal industry, is contrasted with a more optimistic view based on the changes in the idealization of careers and life as represented by Generation Y. This is augmented by the changing nature of work, ie, post-Fordist, within organizations which in a number of ways escapes control and measurement because the distinctions between production and consumption, work and leisure allied with distributed network forms of production blur the boundaries that we have taken for granted. In contrast to the socio-economic approaches, I argue that we must examine conceptions of career, inclusion and exclusion, vocation, and community in order to understand how the professions will adapt to the postmodern condition.

Rating, Dating, and the Informal Regulation and the Formal Ordering of Financial Transactions: Securitizations and Credit Rating Agencies

by John Flood

Privatising Development: Transnational Law, Infrastructure and Human Rights, M. Likosky, ed., pp 147-171, Martinus Nijhoff, 2005

With the growth of globalization, the role of the state has diminished and more of its legal activities are being... more With the growth of globalization, the role of the state has diminished and more of its legal activities are being taken over by other institutions. This chapter examines the role of law firms and credit rating agencies in securitizations.

Transnational Lawyering: Clients, Ethics and Regulation

by John Flood

LAWYERS IN PRACTICE: ETHICAL DECISION MAKING IN CONTEXT, Lynn Mather & Leslie Levin, eds., University of Chicago Press, Forthcoming

Transnational lawyering is essentially transactional lawyering on a bigger and more complicated scale. The scale and... more Transnational lawyering is essentially transactional lawyering on a bigger and more complicated scale. The scale and pace of the work leaves little time in the lawyer’s day for reflection on ethical conundrums. Lawyers have to work to tight, drop-dead deadlines because the financing arrangements in play can impose severe costs on clients if delay builds up. In addition to putting in the hours lawyers must be hunting for the next tranche of business to keep their associates and colleagues occupied. Their capacity for producing business is an integral element in their progression in the firm: their power, their remuneration. Each year they also have to face a public ranking exercise undertaken by the legal directories. The argument of this chapter is that, although transactional lawyers are aware of some ethical issues, these get scant concern in day to day practice, and are often ignored. Often rules are invoked to protect the lawyer from future attack rather than to protect clients’ interests, eg. rules on money laundering. A number of case studies (derived from observation, interviews, and documentary sources) based on takeovers, property finance transactions, and the creation of new financial products are deployed to tease out how ethics and corporate law practice intersect. A coda to this is the new development by the key frontline regulator in England and Wales to implement a virtual abandonment of conflicts of interests rules for “sophisticated” corporate clients. This raises the spectre of a new double deontology for transnational lawyers in the global field of law.

Keywords: regulation, law firms, globalization, ethics, transnational