Negotiating without the victim state: the exclusiveness of anticorruption settlements

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Nadja Capus ◽  
Kei Hannah Brodersen
Keyword(s):  
Case Studies ◽  
Design Methodology ◽  
Criminal Proceedings ◽  
International Guidelines ◽  
England And Wales ◽  
Content Type ◽  
The Past ◽  
Settlement Agreements ◽  
To Receive ◽  
Obligation To Inform

Purpose Corporate foreign bribery can have devastating consequences on communities and states. Over the past decade, there have been several promising developments, both national and international, that might increase the chances of victim states to receive remediation for the harm they suffered from foreign bribery. In particular, awareness has risen that victim states must be considered and new innovative items have been added to the toolbox of prosecutors in the fight against corruption that is assumed to also improve victim states’ standing in these procedures. This study aims to assess whether indeed victim states receive compensation through these novel procedures. Design/methodology/approach This study uses the three case studies of Switzerland, France and England and Wales for a comprehensive empirical and normative analysis of settlement agreements between defendants and prosecution authorities and of court jurisprudence. Findings This study shows that although de jure, it seems warranted to order the payment of remedies to victim states within domestic criminal proceedings, in practice, this rarely happens. A number of legal and practical obstacles account for this situation. This study, therefore, calls for the formulation of international guidelines containing the obligation to inform victim states of ongoing criminal proceedings on corporate foreign bribery, and guidance on how to identify the victim of this crime, as well as the damage caused. Originality/value This is the first contribution to verify whether claims that settlement agreements, recently introduced in England and Wales and France (and similar procedures are available in Switzerland), are beneficial for victim states in their quest to receive compensation. As this study shows that this is – not yet – the case in practice, this study proposes solutions that could lead the way for remediation of the harm caused by corporate corruption – and thereby, ultimately, to a more just outcome.

The library and the academic resource center

2016 ◽  
Vol 32 (1) ◽  
pp. 31-40
Author(s):  
Raymond Pun
Keyword(s):  
Case Studies ◽  
Design Methodology ◽  
Research Experience ◽  
Content Type ◽  
University Departments ◽  
Resource Center ◽  
The Past ◽  
The University ◽  
Academic Resource ◽  
The Relationship

Purpose – This paper aims to explore the library’s on-going relationship with the academic resource center (ARC), and how over the past two years, there have been new services and programs thriving as a result of this collaboration. The paper presents three case studies that demonstrate the library’s collaboration with the ARC and assesses the opportunities and challenges in working with this department in a new university. Design/methodology/approach – The approach of this paper is to explore three case studies on how the library collaborated with the ARC in supporting students. The case studies explore the opportunities for partnerships in developing innovative services, programs and resources. Librarians are integral members of the ARC and are embedded in this community by providing support to the department as well. Findings – The paper finds that collaborations between the library and the ARC are mutually beneficial: academic libraries may consider partnering with tutoring centers to create synergies in enhancing the students’ research experience. However, not all collaborative projects or programs are successful or repeatable in success. They are still opportunities to build and strengthen the relationship between the library and the ARC. Originality/value – This paper presents three case studies on how the library works closely with the “Global Academic Fellows” (GAF) from the ARC. The GAFs work closely with faculty and librarians as they teach, tutor and collaborate with different university departments to create programs or initiatives that enrich the student experience and the university. Their roles have been instrumental in collaborating with the library to create innovative programs, events and support services throughout the two years since the university opened in 2013.

Big Macs and a three-legged stool

2014 ◽  
Vol 30 (5) ◽  
pp. 25-27
Keyword(s):  
Case Studies ◽  
Design Methodology ◽  
Reading Time ◽  
Content Type ◽  
The Past ◽  
Internationalization Strategy ◽  
Pertinent Information ◽  
Practical Implications ◽  
Insight Into

Purpose – This paper aims to review the latest management developments across the globe and pinpoint practical implications from cutting-edge research and case studies. Design/methodology/approach – This briefing is prepared by an independent writer who adds their own impartial comments and places the articles in context. Findings – The case study and interview offers a unique insight into factors contributing to McDonald’s unprecedented success (it has paid an increased dividend for the past 37 years). It also sheds light on its successful internationalization strategy. Practical implications – The paper provides strategic insights and practical thinking that have influenced some of the world’s leading organizations. Originality/value – The briefing saves busy executives and researchers hours of reading time by selecting only the very best, most pertinent information and presenting it in a condensed and easy-to-digest format.

Prisoner of the past

2015 ◽  
Vol 31 (11) ◽  
pp. 40-42
Keyword(s):  
Case Studies ◽  
Design Methodology ◽  
Reading Time ◽  
Organizational Growth ◽  
Similar Frequency ◽  
Content Type ◽  
Competitive Edge ◽  
The Past ◽  
Pertinent Information ◽  
Practical Implications

Purpose – This paper aims to review the latest management developments across the globe and pinpoint practical implications from cutting-edge research and case studies. Design/methodology/approach – This briefing is prepared by an independent writer who adds their own impartial comments and places the articles in context. Findings – Delve into current business literature and it is almost impossible to escape assertions about the importance of such as leadership, globalization and sustainability. Certain other words and phrases appear with similar frequency. Innovation can claim to be the daddy of them all though. Any discussion about organizational growth and success does not progress far without mentioning the inimitable “i” word. Being able to develop and implement novel ideas is widely regarded as essential if any competitive edge is to be attained. If you believe everything you read, take innovation out of the game and achievements of any real note will remain elusive. Creativity is touted as being the game-breaker that is able to set an organization apart from its rivals. Practical implications – The paper provides strategic insights and practical thinking that have influenced some of the world’s leading organizations. Originality/value – The briefing saves busy executives and researchers hours of reading time by selecting only the very best, most pertinent information and presenting it in a condensed and easy-to-digest format.

Social media and the ladder to the top

2015 ◽  
Vol 31 (3) ◽  
pp. 24-26
Keyword(s):  
Social Media ◽  
Social Networking ◽  
Case Studies ◽  
Design Methodology ◽  
Reading Time ◽  
Social Networking Site ◽  
Content Type ◽  
The Past ◽  
Pertinent Information ◽  
Practical Implications

Purpose – This paper aims to review the latest management developments across the globe and pinpoint practical implications from cutting-edge research and case studies. Design/methodology/approach – This briefing is prepared by an independent writer who adds their own impartial comments and places the articles in context. Findings – Social networking site participants spend a lot of time developing relationships via a medium that has exploded during the past decade or so. This article looks at the extent to which it can really help people to create contacts that will be beneficial for their careers. Evidence appears to support the theory that time spent this way will not be wasted, although there are key choices to be made. Practical implications – The paper provides strategic insights and practical thinking that have influenced some of the world’s leading organizations. Originality/value – The briefing saves busy executives and researchers hours of reading time by selecting only the very best, most pertinent information and presenting it in a condensed and easy-to-digest format.

Metaphors of women as leaders

2017 ◽  
Vol 25 (3) ◽  
pp. 11-12
Keyword(s):  
Case Studies ◽  
Design Methodology ◽  
Reading Time ◽  
Single Point ◽  
Leadership Roles ◽  
Content Type ◽  
The Past ◽  
Challenges And Opportunities ◽  
Pertinent Information ◽  
Practical Implications

Purpose This paper aims to review the latest management developments across the globe and pinpoint practical implications from cutting-edge research and case studies. Design/methodology/approach This briefing is prepared by an independent writer who adds their own impartial comments and places the articles in context. Findings Women have made great advances in leadership roles over the past decade; however, there are still many challenges to be faced and overcome before there is equality with men. The labyrinth metaphor is a useful one, as it represents the challenges and opportunities women may face along their career path, not just at a single point. Practical implications The paper provides strategic insights and practical thinking that have influenced some of the world’s leading organizations. Originality/value The briefing saves busy executives and researchers hours of reading time by selecting only the very best, most pertinent information and presenting it in a condensed and easy-to-digest format.

Changing perspectives

2014 ◽  
Vol 30 (1) ◽  
pp. 4-6
Keyword(s):  
Case Studies ◽  
Design Methodology ◽  
Reading Time ◽  
Western Civilization ◽  
Business Organizations ◽  
Global Marketplace ◽  
Content Type ◽  
The Past ◽  
Pertinent Information ◽  
Practical Implications

Purpose – Reviews the latest management developments across the globe and pinpoints practical implications from cutting-edge research and case studies. Design/methodology/approach – This briefing is prepared by an independent writer who adds their own impartial comments and places the articles in context. Findings – Old habits sometimes die hard. But being locked in the past often proves restrictive or even damaging. Any refusal to embrace new and different ways of thinking is a formidable barrier to success in most contexts. Given today's increasingly global marketplace, such sentiments have never been more applicable to business organizations. For long enough, the view prevailed of a world made up of separate entities each on its own predestined journey. Any reaction between these entities was entirely due to cause-and-effect occurring in a linear fashion. This long-held perspective was inspired by the works of distinguished philosophers like Descartes and Newton. One of the most persistent effects of this approach is the belief that various cultures exist in isolation from each other. Ignorance thus ensures that difference is met with suspicion or even disdain. It also bears much responsibility for the assumed political and cultural supremacy which has long prevailed in western civilization. Practical implications – Provides strategic insights and practical thinking that have influenced some of the world's leading organizations. Originality/value – The briefing saves busy executives and researchers hours of reading time by selecting only the very best, most pertinent information and presenting it in a condensed and easy-to digest format.

Adjudication in tenancy deposit scheme disputes: agents’ perspectives

2015 ◽  
Vol 7 (2) ◽  
pp. 162-172
Author(s):  
Julian Sidoli del Ceno ◽  
Hannah George ◽  
Michel Vols
Keyword(s):  
Urban Areas ◽  
Design Methodology ◽  
Qualitative Data ◽  
Qualitative Interviews ◽  
Original Data ◽  
England And Wales ◽  
Content Type ◽  
South Wales ◽  
The Uk ◽  
To Receive

Purpose – The purpose of this paper is to examine empirically the operation of tenancy deposit protection within England and Wales. The paper consciously focuses solely on the views and perspectives of letting agents operating in the various schemes. Design/methodology/approach – The paper is based on a series of semi-structured qualitative interviews with lettings agents in two distinct geographical urban areas, Birmingham and South Wales. Participants were selected for their market presence within a given area and the fact that they were all members of approved regulatory schemes. Findings – Overall, most agents were broadly happy with the process and considered adjudication to be an appropriate form of resolution for tenancy deposit disputes given the often small monetary value of the disputes and the large volume of cases. Concerns were raised, however, regarding the heavy bureaucratic burden placed on agents and on the perceived evidential burden on the landlord. There being a widely held view that a landlord could rarely “win” outright. Research limitations/implications – The qualitative data are based on a relatively small although representative sample of lettings agents’ active within the UK residential property sector. Originality/value – The paper provides original data on the attitudes and perspectives of agents who manage deposit disputes. This is an area of current interest that has yet to receive sustained attention. Although concerned with legislation in England and Wales, its findings and discussion are relevant in other jurisdictions facing similar issues.

scholarly journals Publish or impoverish

2017 ◽  
Vol 69 (5) ◽  
pp. 486-502 ◽  
Author(s):  
Wei Quan ◽  
Bikun Chen ◽  
Fei Shu
Keyword(s):  
Case Studies ◽  
Design Methodology ◽  
Web Of Science ◽  
Average Reward ◽  
Chinese Universities ◽  
Content Type ◽  
The Past ◽  
Reward Amount

Purpose The purpose of this paper is to present the landscape of the cash-per-publication reward policy in China and reveal its trend since the late 1990s. Design/methodology/approach This study is based on the analysis of 168 university documents regarding the cash-per-publication reward policy at 100 Chinese universities. Findings Chinese universities offer cash rewards from USD30 to USD165,000 for papers published in journals indexed by Web of Science, and the average reward amount has been increasing for the past ten years. Originality/value The cash-per-publication reward policy in China has never been systematically studied and investigated before except for in some case studies. This is the first paper that reveals the landscape of the cash-per-publication reward policy in China.

scholarly journals Vulnerable adults in police custody

2019 ◽  
Vol 22 (1) ◽  
pp. 5-8
Author(s):  
Ian Cummins
Keyword(s):  
Design Methodology ◽  
Research Literature ◽  
Police Custody ◽  
England And Wales ◽  
Content Type ◽  
Increased Risk ◽  
Vulnerable Adults

Purpose The purpose of this paper is to discuss the recent National Appropriate Adult Network (NAAN) report on the role of the appropriate adult. Design/methodology/approach This paper is based on the NAAN report and a review of relevant policy and research literature. Findings There to Help 2 highlights that there are still significant gaps in the provision of appropriate adult schemes across England and Wales. These gaps potentially place vulnerable adults at increased risk. Originality/value This paper is a review of recent research.

FINRA’s disciplinary actions in 2017: increased restitution ordered with minimal changes in number of cases

2018 ◽  
Vol 19 (2) ◽  
pp. 19-23
Author(s):  
Brian Rubin ◽  
Adam Pollet
Keyword(s):  
Money Laundering ◽  
Design Methodology ◽  
Disciplinary Actions ◽  
Financial Industry ◽  
Electronic Communications ◽  
Content Type ◽  
The Past ◽  
Expert Analysis ◽  
Research Analysts ◽  
Practical Implications

Purpose The purpose of this paper is to analyze the Financial Industry Regulatory Authority’s (FINRA) 2017 disciplinary actions, the issues that resulted in the most significant fines and restitution and the emerging enforcement trends from 2017 and beyond. Design/methodology/approach The approach of this paper discusses the disciplinary actions in 2017 and prior years, details the top 2017 enforcement issues measured by total fines assessed, including anti-money laundering, trade reporting, electronic communications, books and records, research analysts and research reports, and explains current enforcement trends, including restitution, suitability cases and technological issues. Findings In 2017, restitution more than doubled from the prior year, resulting in the fourth highest total sanctions (fines combined with restitution and disgorgement) assessed by FINRA over the past 10 years. Practical implications Firms and their representatives should heed the trends in both the substantial restitution FINRA is ordering and the related enforcement issues in the cases FINRA has brought. Originality/value This paper provides expert analysis and guidance from experienced securities enforcement lawyers.

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