scholarly journals Comparison of risk management regulation from a corporate governance perspective within the German and united states legal areas

2014 ◽  
Vol 3 (4) ◽  
pp. 138-148
Author(s):  
Remmer Sassen

Risk management is one of the main corporate governance components or management tasks. This paper details a comparison of risk management regulation from a corporate governance perspective of listed stock corporations in Germany and the United States (U.S.). Obviously, there are differences and commonalities between the national legal norms and the regulatory levels of risk management in both countries. The comparison helps to understand different traditions and practices in terms of how significant corporate governance rules are for risk management. Therefore, this article intends to inspire future research on the regulation of risk management across different regions and explore the relevance of national interests in the regulation of risk management. A principal finding of the comparison is that the U.S. corporate governance system seems to be more strongly regulated than the German system. This results from the powerful and coordinating role of the U.S. Securities and Exchange Commission (SEC). Thus, the seemingly more liberal system of non-binding standards in the U.S. has a higher impact on the regulation of risk management than in Germany.

Author(s):  
James L. Gibson ◽  
Michael J. Nelson

We have investigated the differences in support for the U.S. Supreme Court among black, Hispanic, and white Americans, catalogued the variation in African Americans’ group attachments and experiences with legal authorities, and examined how those latter two factors shape individuals’ support for the U.S. Supreme Court, that Court’s decisions, and for their local legal system. We take this opportunity to weave our findings together, taking stock of what we have learned from our analyses and what seem like fruitful paths for future research. In the process, we revisit Positivity Theory. We present a modified version of the theory that we hope will guide future inquiry on public support for courts, both in the United States and abroad.


2005 ◽  
Vol 8 (06) ◽  
pp. 520-527 ◽  
Author(s):  
D.R. Harrell ◽  
Thomas L. Gardner

Summary A casual reading of the SPE/WPC (World Petroleum Congresses) Petroleum Reserves Definitions (1997) and the U.S. Securities and Exchange Commission(SEC) definitions (1978) would suggest very little, if any, difference in the quantities of proved hydrocarbon reserves estimated under those two classification systems. The differences in many circumstances for both volumetric and performance-based estimates may be small. In 1999, the SEC began to increase its review process, seeking greater understanding and compliance with its oil and gas reserves reporting requirements. The agency's definitions had been promulgated in 1978 in connection with the Energy Policy and Conservation Act of 1975 and at a time when most publicly owned oil and gas companies and their reserves were located in the United States. Oil and gas prices were relatively stable, and virtually all natural gas was marketed through long-term contracts at fixed or determinable prices. Development drilling was subject to well-spacing regulations as established through field rules set by state agencies. Reservoir-evaluation technology has advanced far beyond that used in 1978;production-sharing contracts were uncommon then, and probabilistic reserves assessment was not widely recognized or appreciated in the U.S. These changes in industry practice plus many other considerations have created problems in adapting the 1978 vintage definitions to the technical and commercial realities of the 21st century. This paper presents several real-world examples of how the SEC engineering staff has updated its approach to reserves assessment as well as numerous remaining unresolved areas of concern. These remaining issues are important, can lead to significant differences in reported quantities and values, and may result in questions about the "full disclosure" obligations to the SEC. Introduction For virtually all oil and gas producers, their company assets are the hydrocarbon reserves that they own through various forms of mineral interests, licensing agreements, or other contracts and that produce revenues from production and sale. Reserves are almost always reported as static quantities as of a specific date and classified into one or more categories to describe the uncertainty and production status associated with each category. The economic value of these reserves is a direct function of how the quantities are to be produced and sold over the physical or contract lives of the properties. Reserves owned by private and publicly owned companies are always assumed to be those quantities of oil and gas that can be produced and sold at a profit under assumed future prices and costs. Reserves under the control of state-owned or national oil companies may reflect quantities that exceed those deemed profitable under the commercial terms typically imposed on private or publicly owned companies.


Author(s):  
Peter Kolozi

The paleoconservative critique of capitalism offered by Patrick Buchanan and Samuel Francis focuses on the threat to national independence and the nation’s culture and values by free trade. For paleoconservatives, the United States’ independence is undermined by a business class that prioritizes corporate profits over national interests. Likewise, the global capitalist economy has opened the U.S. to an immigrant population that has gradually eroded the values of white “middle Americans,” the population that is the repository of a unique American culture.


10.28945/4735 ◽  
2021 ◽  
Vol 16 ◽  
pp. 237-252
Author(s):  
Genia M. Bettencourt ◽  
Rachel E. Friedensen ◽  
Megan L Bartlett

Aim/Purpose: Multiple barriers exist within doctoral education in the United States that can undermine the success of students, particularly for students with marginalized identities. While mentorship can provide an important form of support, it must be done in an intentional way that is mindful of issues of equity and power. Background: By applying a power-conscious framework to current practices of doctoral mentorship in the U.S., we propose key considerations to help support doctoral students and shift power imbalances. Methodology: As a scholarly paper, this work draws upon a comprehensive review of existing research on doctoral mentorship in the U.S. Contribution: As a relatively recent development, the power-conscious framework provides an important tool to address issues of inequity that has not yet been applied to doctoral mentorship to our knowledge. Such a framework provides clear implications for mentorship relationships, institutional policies, and future research. Findings: The power-conscious framework has direct applicability to and possibility for reshaping doctoral mentorship in the U.S. as well as elsewhere. Each of the six foci of the framework can be integrated with research on doctoral students to help formal and informal mentors enhance their practice. Recommendations for Practitioners: Throughout our analysis, we pose questions for mentors to consider in order to reflect upon their practice and engage in further exploration. Recommendation for Researchers: Research on doctoral mentorship should explicitly engage with broader dynamics of power, particularly as related to understanding the experiences of marginalized student populations. Impact on Society: The demanding nature of and precarity within U.S. doctoral education leads to high rates of departure and burnout amongst students. By re-envisioning mentorship, we hope to begin a broader re-imagining of doctoral education to be more equitable and supportive of students. Future Research: To examine these claims, future research should explore doctoral student mentorship relationships and how power dynamics are contained therein both within the U.S. and in international contexts.


2010 ◽  
Vol 28 (1) ◽  
pp. 1-18 ◽  
Author(s):  
Joanne Spetz

In 1977, the federal government launched the nation's largest and most significant program to collect data on the registered nurse (RN) workforce of the United States—the National Sample Survey of Registered Nurses (NSSRN). This survey is conducted by the U.S. Health Resources and Services Administration, first in 1977 and then every 4 years since 1980. This article offers the history of the NSSRN and a review of the ways in which the NSSRN data have been used to examine education, demographics, employment, shortages, and other aspects of the RN workforce. The influence this body of research has had on policymaking is explored. Recommendations for future research are offered, in the hope that future waves of the NSSRN will continue to be used to their fullest potential.


2019 ◽  
Vol 38 (2) ◽  
pp. 58-71
Author(s):  
Tonia San Nicolas-Rocca ◽  
Richard J Burkhard

Libraries in the United States handle sensitive patron information, including personally identifiable information and circulation records. With libraries providing services to millions of patrons across the U.S., it is important that they understand the importance of patron privacy and how to protect it. This study investigates how knowledge transferred within an online cybersecurity education affects library employee information security practices. The results of this study suggest that knowledge transfer does have a positive effect on library employee information security and risk management practices.


Worldview ◽  
1981 ◽  
Vol 24 (8) ◽  
pp. 19-20
Author(s):  
John A. Marcum

Contrary to popular perceptions, the governments of the United States and Angola share a core of compatible foreign policy objectives. Each government, for its own reasons, believes that its national interests may be best served by reducing border conflict and external intervention in highly flammable Southwest Africa. This congruence of interests became increasingly apparent and even led to a measure of bilateral cooperation dur ing the last years of the Carter administration.


Author(s):  
Frederic M. Stiner ◽  
Susan A. Lynn

Recently there have been two issues related to Chinese companies seeking capital in the United States.   The first issue is frauds that have been perpetrated by companies using reverse mergers in order to go public.   The second issue is fraud in continuing audit engagements when there has been reliance by an American audit firm on a foreign accountant’s audit work.  There is also conflict between the Public Company Accounting Oversight Board (PCAOB) demanding to inspect audit workpapers for companies in China and the Chinese government’s refusal to let the PCAOB see these workpapers.   These issues relate to characteristics of the practice of accounting and auditing in China that threaten auditor independence and audit quality. The paper discusses: (1) issues involving reverse mergers and the response of the Securities and Exchange Commission (SEC) to these issues, (2) issues involving reliance on the work of foreign Certified Public Accountants (CPAs) and the response of the PCAOB to these issues, (3) issues involving conflicts between U.S.  regulatory agencies and the Chinese government over access to audit-related documents, and (4) suggestions for future research.


2020 ◽  
Vol 11 (2) ◽  
Author(s):  
Tara Nicola

Although the internationalization of the U.S. education sector is perhaps the most salient at the postsecondary level, U.S. secondary schools have increasingly experienced the effects of globalization. In recent years, these schools have witnessed a surge in their population of international students. However, there is relatively little scholarship focused on this student population. This Research in Brief article first highlights recent research on nonimmigrant, international high school students in the United States. Using Bronfenbrenner’s (1977) ecological systems theory as a framework, the article then identifies areas where future research is needed to more fully explicate the unique experiences of these students and their effects on the U.S. secondary education sector.


Author(s):  
M. Solyanova

The article focuses on the domestic U.S. discussion on prolongation of the 2010 Treaty on Measures for the Further Reduction and Limitation of Strategic Offensive Arms (START), and on this agreement’s compatibility with the U.S. national interests. The debate involves experts in nuclear weapons and non-proliferation, the American political elite, and the Congress. The author compares expert views on the feasibility of the U.S. administration’s idea to involve China in the negotiation process on a new agreement. The article considers the key factors that, according to the U.S. experts, may be in favor of extending the New START Treaty by the United States. The practice of applying legislative mechanisms by the Congress to exert pressure on the U.S. administration for extending of the START agreement is also analyzed.


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