Search results
1 – 10 of over 11000Within each political subdivision of the state of Florida, there is an ordinance which applies to the procurement of goods and services for agencies under its jurisdiction. One…
Abstract
Within each political subdivision of the state of Florida, there is an ordinance which applies to the procurement of goods and services for agencies under its jurisdiction. One common requirement in all these ordinances is the use of the Request for Proposal when purchasing goods or services above a given threshold. In contrast to an Invitation to Bid, the RFP is structured in such a way as to allow other criteria to be evaluated, along with the bottom line price submitted by vendors. The issue in this analysis is whether each meeting of the evaluation committee set up to review these criteria is subject to Florida’s Sunshine Law. Several court decisions and opinions of Attorneys General have held that meetings of ad-hoc committees, advisory committees, and other panels of staff or non-staff members are subject to the Sunshine Law. It appears clear, after a discussion of a few cases relating to the Sunshine Law, that any agency procurement officer must be very careful to avoid even the suggestion of making any recommendation outside of the public view. Public notice should be posted at least seventy-two hours prior to any meeting of the committee. Only by closely adhering to both the letter and the intent of the law will procurement officers avoid having their agency brought into court for a violation of the Sunshine Law.
Phyllis A. Ayers and Brian H. Kleiner
Outlines the current scenario regarding work‐related injuries and states that most company policies are built on the occupational safety and health administration programmes…
Abstract
Outlines the current scenario regarding work‐related injuries and states that most company policies are built on the occupational safety and health administration programmes. Considers the need for additional administrative controls, together with brief examples from industry. Discusses the human error factor and provides examples of sources of problems caused by poorly designed human factors and their solutions. Presents a framework for a behaviour base of safety in an effort to discover underlying reasons.
Details
Keywords
The purpose of this paper is to provide an empirical analysis on aid-related misconduct and sectoral regulatory failures. Via a series of Oxfam revelations, this paper aims to…
Abstract
Purpose
The purpose of this paper is to provide an empirical analysis on aid-related misconduct and sectoral regulatory failures. Via a series of Oxfam revelations, this paper aims to highlight potential civil and administrative remedies to rectify wrongdoings and increase accountability in aid organizations.
Design/methodology/approach
Chronicling recent revelations of misconduct by aid workers, this paper begins with an overview of moral and legal responsibilities of the entrusted; then it illustrates how the Oxfam misconduct violates those moral and legal responsibilities in aid delivery. The author draws upon legal and administrative dilemmas on regulating the aid sector and aid workers’ behavior. Finally, this paper offers practical civil remedies for the harmed and administrative remedies for long-term institutional reforms.
Findings
The damage – across a broad spectrum of interests, caused by aid workers engaging in exploitative conduct – not only is a betrayal of the trust reposed by vulnerable people in these individuals but also a failure with far-reaching implications on the part of the donor organizations. The use of the criminal law in aid-related misconduct is highly problematic, assuming a specific offense is committed (which, in many cases, it may not have). There are jurisdictional limitations on the ability of donor countries and international regulations other than in regard to peacekeepers are almost nonexistent. Given such context, civil and administrative remedies provide a viable alternative for the harmed who seek justice.
Research limitations/implications
Legal remedies can be highly jurisdictional contingent. Depending on the specific jurisdiction where misconduct takes place, there are potentially other suited remedies not mentioned in this paper to address aid workers’ unethical behavior.
Practical implications
This paper provides tips on using existing legal channel (the civil law) and available pro bono resources to hold transgressors and their employers accountable.
Social implications
Effective regulating aid-related conduct prevents further harm on vulnerable people and restores public trust in the aid sector.
Originality/value
This paper addresses the regulatory blind spot on aid workers’ exploitative conduct through the context of Oxfam revelations. Second, it provides practical policy recommendations for navigating legal and administrative dilemmas on regulating aid workers’ behavior.
Details
Keywords
Fangliang Huang, Li Sun, Jing Chen and Chaopeng Wu
The purpose of this study is to examine investors’ intention and behavior concerning ex ante information acquirement and ex post claims from the micro-level perspective with the…
Abstract
Purpose
The purpose of this study is to examine investors’ intention and behavior concerning ex ante information acquirement and ex post claims from the micro-level perspective with the deepening of the initial public offering (IPO) reform of China.
Design/methodology/approach
The authors made surveys and collected 932 valid questionnaires from investors in China. The authors also conducted interviews with sophisticated investors, investment bankers and government regulators to obtain first-hand information. Based on the survey results, the authors make the empirical analysis.
Findings
Investors’ attention to the first-hand information of the IPO prospectuses is inadequate. Individuals rely more on second-hand information, while institutions conduct more surveys. The higher the institutional practitioners’ degree of education, the more surveys they make. Only 1/3 investors intend to seek judicial remedy when getting fraud information due to high litigation costs and proof collecting difficulties. The investors who read more about prospectuses in advance are more likely to seek judicial protection afterwards. Compared with investors who know less about government administrative protection measures, those who know more have a low probability to choose “not to seek judicial protection.”
Originality/value
The authors enrich the research studies of IPO information acquisition and investor protection by conducting surveys to get first-hand data. Previous literature mostly makes empirical tests by using proxy variables.
Details
Keywords
Turkey is required by the international and EU instruments and domestic law to address the issue of whistle-blowing and the protection of whistle-blowers. The purpose of this…
Abstract
Purpose
Turkey is required by the international and EU instruments and domestic law to address the issue of whistle-blowing and the protection of whistle-blowers. The purpose of this paper is to analyse Turkish legislation which is applicable to work-related whistle-blowing, the conflict between the worker’s right to “blow the whistle” and the obligation to loyalty and confidentiality. The consequences of groundless or deliberate false disclosures are considered. Comparisons are made with international conventions, the COE Recommendation CM/Rec(2014)7 and the Proposed EU Directive on the Protection of Whistleblowers and ECtHR precedents.
Design/methodology/approach
In the first part, this paper reviews the definition of whistle-blowing and whistle-blower. The second part outlines the impact of international and EU Law on Turkish legislation. The third part reviews the Turkish legal framework applicable to whistle-blowing.
Findings
Whistle-blowing in the public interest is suggested as a tool to combat corruption worldwide. There is no doubt that some whistle-blowers have been beneficial to society. However without democratic structures to take into account the assessment of the quality of the information, the type of the disclosure and the category of the reporting person, there are downsides to excessive whistle-blowing. Therefore, whistle-blowing should be discussed in the context of democratic societies, and a balanced approach should be adopted to ensure the position of not only whistle-blowers but also the people affected by the reports.
Originality/value
The paper offers new insights into the limits of work-related whistle-blowing within the context of freedom of expression and the right of employees and public officials to petition. The protection of whistle-blowers and the consequences of groundless or deliberate false disclosures under Turkish Law from a comparative perspective are considered.
Details
Keywords
The brief announcement that the Government had accepted that there should be regulations on open date marking of food, to come into effect in 1975, will come as no surprise. It is…
Abstract
The brief announcement that the Government had accepted that there should be regulations on open date marking of food, to come into effect in 1975, will come as no surprise. It is a timely reminder of what public pressure can achieve these days; how sustained advocacy and publicity by interested sectors of society—magistrates, local authorities, public health workers, consumer groups—can secure legislative changes which, in this case, run counter to trade opinions and the recommendation originally made by the Food Standards Committee that such a proposal was not practical and the existing law was an adequate protection. This was stated in the FSC Report on Food Labelling of 1964, although there was no indication of the evidence reviewed or that the subject had been considered very deeply; it was, after all, only a small fraction of the problem of food labelling control. It was also stated in this Report that in certain cases, date‐stamping of food could give to purchasers a false sense of security, “not justified by the conditions under which the food has been kept since manufacture”.
Ellen Eardley and Jessica Manvell
The purpose of this article is to document the extent of girls' under‐representation in nontraditional high school career and technical education courses, examine the role of sex…
Abstract
Purpose
The purpose of this article is to document the extent of girls' under‐representation in nontraditional high school career and technical education courses, examine the role of sex discrimination in these disparities, and identify legal remedies for addressing the problem.
Design/methodology/approach
This article uses high school CTE enrollment data from 12 states to document female students' under‐representation in nontraditional courses and uses wage data to show the negative implications for girls' future earnings. Drawing on the experiences of female students, this study explains how sex discrimination contributes to their low rates of participation in nontraditional training. The study then discusses how laws and regulations at the federal and state levels may provide means to address such discrimination.
Findings
Finds high levels of sex segregation in CTE course enrollment, with female students making up on average 15 percent of students in nontraditional courses and 87 percent in traditionally female fields. Substantial evidence of sex discrimination in CTE makes a strong case for its role in contributing to girls' low enrollment in nontraditional courses. Varied state laws can be utilized to address this underlying cause.
Originality/value
While much research has looked at girls in math and science, less attention has been paid to their participation in nontraditional CTE. This paper offers quantitative evidence of girls' under‐representation in such courses and qualitative evidence of the role sex discrimination plays. Offers a unique solution by showing how state laws can be used to address such discrimination and increase girls' participation in nontraditional training.
Details
Keywords
David Bayless and David L. Kornblau
The purpose of the paper is to summarize key provisions in the Dodd‐Frank Wall Street Reform and Consumer Protection Act Affecting SEC and CFTC Enforcement.
Abstract
Purpose
The purpose of the paper is to summarize key provisions in the Dodd‐Frank Wall Street Reform and Consumer Protection Act Affecting SEC and CFTC Enforcement.
Design/methodology/approach
The paper summarizes provisions on new SEC causes of action, including greater power to bring aiding‐and‐abetting claims and authorization to bring cases based on “control person” liability; other new SEC powers, including broader monetary penalty authority in administrative proceedings, a collateral bar that bars a person from any part of the securities business, codification of the SEC's extraterritorial enforcement jurisdiction, and expansion of nationwide service of process to federal court cases; monetary incentives and protections for whistleblowers; increased SEC funding; and CFTC enforcement powers, including a fraud liability provision, expanded liability for manipulation or providing false or misleading information, prohibition of various practices, authority to establish business conduct requirements, nationwide subpoena power, and the ability to seek various sanctions.
Findings
Dodd‐Frank has ramped up the enforcement mandates of the SEC and the CFTC more than at any time since the agencies were created. Their jurisdictional reach is broader, the causes of action they can bring have increased, and the remedies have expanded.
Practical implications
Public companies, regulated entities, and hedge funds, as well as their officers, directors, and employees, should brace themselves and prepare for a significant increase in enforcement activity by both the SEC and the CFTC.
Originality/value
The paper provides expert guidance from experienced financial services lawyers.
Details
Keywords
Alan Wolper and Heidi VonderHeide
To explain the background, controversy and possible future developments related to the US Securities and Exchange Commission’s (SEC’s) increased use of administrative proceedings…
Abstract
Purpose
To explain the background, controversy and possible future developments related to the US Securities and Exchange Commission’s (SEC’s) increased use of administrative proceedings (APs), rather than court actions, in bringing enforcement matters.
Design/methodology/approach
Discusses the SEC’s historic forum selection process, the home court advantage APs may give to the SEC, changes the SEC has proposed to the Rules of Practice governing APs, arguments challenging the constitutionality of APs, a jurisdictional hurdle faced by respondents challenging APs before federal courts, and possible future developments.
Findings
Critics consider the SEC’s expanded use of APs to be procedurally biased, unconstitutional, and unfairly advantageous to the SEC. In response, the SEC has offered guidance explaining its forum selection process, proposed procedural changes, and its belief that its systems are fair.
Originality/value
Practical guidance from experienced financial services and securities litigation lawyers.
Details
Keywords
Bryane Michael and Stephen Mendes
Macedonian municipalities should pass anti‐corruption ordinances in order to reduce corruption. The purpose of this paper is to review the legal issues involved in drafting such…
Abstract
Purpose
Macedonian municipalities should pass anti‐corruption ordinances in order to reduce corruption. The purpose of this paper is to review the legal issues involved in drafting such ordinances and provide legal advisors to local councils with the legal and economic analysis needed to tackle some of the more difficult and detailed questions.
Design/methodology/approach
The most important issue revolves around the creation of a model ordinance which Macedonian municipalities (or the Association of Units of Local Self‐Government of the Republic of Macedonia) could adopt in order to set‐up and run municipal‐level anti‐corruption agencies. The location of such agencies as well as their competencies (to monitor conflicts of interests, oversee asset declarations, and conduct corruption risk‐audits among others) are analysed. The paper also provides legal interpretations of Macedonian legislation and their likely impact on municipal council ordinance design in the area of anti‐corruption – providing the legal basis for positive administrative silence, the splitting of municipal procurement contracts, and (most controversially) qui tam rewards at the municipal level.
Findings
A brief regulatory impact analysis of the ordinance shows a gain of €162,900 in social welfare if such a programme were rolled‐out in Macedonia.
Originality/value
The present paper provides some of the legal analysis which previous papers lack.
Details