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Article
Publication date: 13 July 2022

Megan Jean Parker and Mary Dodge

Deferred prosecution agreements (DPAs) are the tool of choice for federal prosecutors when adjudicating corporate misconduct. A DPA is a negotiation that permits the allegedly…

Abstract

Purpose

Deferred prosecution agreements (DPAs) are the tool of choice for federal prosecutors when adjudicating corporate misconduct. A DPA is a negotiation that permits the allegedly guilty party from undergoing a criminal trial if they avoid committing further wrongdoing for a specified period. This paper aims to examine whether DPAs are a beneficial mechanism for the criminal justice system to use while adjudicating corporate misconduct. By conducting in-depth semi-structured qualitative interviews with 24 practitioners in the legal field and white-collar crime experts, this study identifies the shortcomings and advantages of DPAs and highlights what policy enactments might enhance their application. The study contributes to the existing literature by expanding the narratives used by judicial officials, legal practitioners and white-collar crime scholars on the role of DPAs.

Design/methodology/approach

The current study is an in-depth qualitative analysis that explores judicial actors’ and white-collar crime scholars’ opinions on the adoption of DPAs to adjudicate corporate misconduct. The literature on DPAs is currently derived primarily from law and literature reviews published by legal scholars. Clandestine negotiations are not accessible to the public and are frequently kept in sealed files unless a breach of contract occurs, resulting in the case proceeding to trial. Hence, a qualitative analysis is the best approach to evaluate the effectiveness of DPAs. Further, little evidence is available that focuses on the opinions of professionals who have participated in these agreements. The interviews were conducted over Zoom and lasted an average of 43 min, with the longest interview spanning 1 h and 45 min and the shortest interview being 14 minutes. A non-probability sampling method – specifically, snowball sampling – was used to generate a total sample of 24 legal professionals and white-collar crime scholars. Initial participants were found by contacting law offices specializing in white-collar crime litigation and using current networks to attain access to a broader range of participants. Then, 19 participants provided referrals throughout the study. The final sample consisted of nine government officials, eight legal practitioners and seven white-collar crime academics experts. One of the government official interviews was excluded from the final research project due to a lack of expertise in the field of white-collar crime. The interview questions were designed to promote in-depth conversation and insight into personal opinions on the adoption of DPAs. Several inquiries highlighted whether DPAs are an appropriate response to corporate misconduct and whether they reduced recidivism through their intended deterrent effect. Furthermore, several descriptive questions sought to understand which criminal justice actors support the adoption of DPAs in white-collar crime cases and why. Coding of the data was first conducted individually by each author. The researchers then compared thematic findings that reflected consensus.

Findings

An immediate theme identifiable in the research is the intrinsic value that DPAs offer in adjudicating corporate wrongdoing. As indicated by a participant, corporate misconduct is not “black or white,” stressing the importance of prosecutors having a middle ground between criminal prosecution and the dismissal of charges. A judicial official indicated that “DPAs are another essential arrow in a prosecutor’s quiver – and something a defense attorney can bargain for” (Respondent 5). Seven government officials and legal practitioners noted that you are unable to send a corporation to jail, and you do not simply want to put them out of business; thus, a DPA is the only tool in which the government can mandate structural change in a company without dismantling the entire entity. Only three academics concurred with the government officials and legal practitioners that DPAs are beneficial and offer prosecutors a vital middle ground. One academic, for example, stated that “DPAs have given U.S Attorney offices that ability to be involved for a considerable amount of time in a company's business, while simultaneously promoting change within the entity” (Respondent 14). Additionally, DPAs ensure that corporations are held criminally liable without triggering an endless cycle of collateral consequences for innocent third parties. One legal practitioner, for example, stated: “Just look at the Enron case; they charged Arthur Andersen with obstruction of justice and dismantled the entire entity they made it where the business was never going to come back. A small subset of individuals, in this case, should have been held responsible but instead, hundreds and if not thousands of people were harmed. With this in mind, DPAs are extremely important, in that it limits collateral consequences because DPAs take a more holistic view that criminal prosecution does not consider” (Respondent 21). Another respondent highlighted that “DPAs are the only tool available that can be employed to change an entire organization structurally” (Respondent 20). Ultimately, the findings suggest that there is a consensus among respondents that DPAs are an appropriate response to corporate misconduct, particularly when the agreement stipulates that a company must hire an external compliance monitor and update their current compliance system. Overall, participants emphasized that these stipulations promote a sense of corporate accountability, provide for the dismissal of guilty employees and mandate structural change. The majority of the respondents (n = 20) insisted that DPAs are advantageous, yet a subset of participants were skeptical of their use in white-collar crime prosecutions. One legal practitioner, for example, noted that “DPAs are political creatures that are awarded as political favors to the largest of corporations that our economy relies upon” (Respondent 17). Another government official confirmed this statement, indicating that “DPAs are a mere slap on the wrist for large corporations – they simply see it as doing business” (Respondent 6). Four academic participants emphasized that DPAs are typically negotiated with multi-level corporations and are not extended to the small businesses that suffer the dire consequences of criminal prosecution. One academic, for instance, stressed that “the question becomes is it fairly applied and being implemented properly. Larger companies are more likely to receive and benefit from a DPA, thus, raising the question of fairness” (Respondent 12). Another academic who was previously a government official stated: “DPAs risk abuse – there have been several instances where prosecutors have forced companies to donate money to favored charities and overstepped their powers. Sometimes DPAs also come with monitors. For example, banks typically have to pay for the auditor, and it becomes extremely intrusive, and it it not clear that they are efficient.”

Research limitations/implications

Several limitations exist in this research. First, it is not a comprehensive study that is representative of the larger population, which limits generalizability. Given the contention of research on DPAs, this qualitative research contributes to the literature, and its findings are likely transferable to multiple settings in which DPAs are used. Second, DPAs are processed and drafted differently across jurisdictions; thus, comparing DPAs across state levels and among departments in the federal government would be equivalent to comparing apples to oranges. This comparison is yet another limitation to the study because criminal justice practitioners operate in both the state and federal jurisdictions. Another challenge in the current study and something that likely will be a problem for future researchers is the difficulty of gaining access to experts in an exclusive field of criminal justice, such as federal prosecutors, Department of Justice officials, federal judges and elite corporate defense attorneys. Ultimately, several obstacles arose during the study, particularly when recruiting participants to gain a large enough sample size to conduct meaningful analysis. This resulted in smaller sample size but rich, in-depth data that achieved saturation among participants.

Practical implications

Several policy implications are identifiable. First, it appears that DPAs are a mainstay of white-collar crime prosecution. No participants advocate for their complete removal from the prosecution process. Participants highlight that DPAs occupy an essential middle-ground between dismissal and criminal charges. Without this mechanism, prosecution would be impeded, and holding corporate criminal actors liable would increasingly become formidable. Although it appears that the system cannot function without DPAs, several respondents emphasize that we must begin to hold individuals accountable alongside corporations. Another policy implication that a minority of participants mentioned within the study involves ensuring that our compliance monitoring system operates appropriately. A majority of participants note that the overarching stipulation that promotes structural change within an organization is adopting a functioning compliance monitoring system, thus, emphasizing the importance of this process operating smoothly and ethically. The selection of an independent compliance monitor may be problematic. For example, a former government compliance monitor notes that not all monitors are experts in the field they are overseeing. A pharmaceutical expert, for example, may be attempting to regulate an automotive organization, which may present unique challenges. An agency of federal professionals dedicated to supervising specific industries such as automotive, pharmaceutical and financial would ensure that organizations are actually implementing the terms of the DPA.

Originality/value

Ultimately, the current research highlights the necessity of empirically studying the benefits and drawbacks of such agreements. Future research on the topic remains onerous due to the scarcity of a centralized database that contains extensive details of DPAs. The present study suggests that the verdict on DPAs is undecided, with more than half of the study's criminal justice professionals advocating for their continued and even increased use. However, about half of the participants, particularly academics, called attention to the agreements’ potential bias. The disagreement among participants is most contentious in the consideration of a DPA centralized database which would immensely aid future research and policy advancements.

Article
Publication date: 9 November 2022

Jan Schönberner and Herbert Woratschek

In marketing research, it is widely acknowledged that customer engagement leads to higher reputation, lower costs and increased revenues for firms. However, there are still open…

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Abstract

Purpose

In marketing research, it is widely acknowledged that customer engagement leads to higher reputation, lower costs and increased revenues for firms. However, there are still open questions on how sport sponsorship can drive customer engagement. It is hypothesized that sponsors' activations correlate with customer engagement toward the sponsor. Specifically, the roles of sponsorship authenticity and attitudes toward the sponsor have received little attention in this context. Accordingly, this study aims to test the effects of sponsors' activations on customer engagement disposition (CED) and customer engagement behavior (CEB) by considering the roles of sponsorship authenticity and attitudes toward the sponsor.

Design/methodology/approach

An online experiment with a factorial between-subjects design with 529 total participants was conducted. Data were analyzed through analysis of covariance (ANCOVA) and binary regression analysis.

Findings

Sponsors' activations can lead to positive or negative CEB, depending on how sport consumers evaluate the activation. Sponsorship authenticity reduces or enhances CEB following a sponsor's activation. Moreover, consumers' prior attitudes toward the sponsor influence the relationship between sponsors' activations and CED. The findings further showed that CED leads to CEB.

Originality/value

This research contributes to the sport sponsorship literature by empirically proving that sponsors' activations increase customer engagement toward the sponsors. Moreover, this is the first study testing consequences of sponsors' activations in relation to sponsorship authenticity and consumers' attitudes. Furthermore, the authors enrich the customer engagement literature by discussing the sponsors' activations as a marketing strategy to increase customer engagement and consequently firms' performance.

Details

International Journal of Sports Marketing and Sponsorship, vol. 24 no. 2
Type: Research Article
ISSN: 1464-6668

Keywords

Open Access
Article
Publication date: 9 April 2024

Norm O'Reilly, Caroline Paras, Madelaine Gierc, Alexander Lithopoulos, Ananya Banerjee, Leah Ferguson, Eun-Young Lee, Ryan E. Rhodes, Mark S. Tremblay, Leigh Vanderloo and Guy Faulkner

Framed by nostalgia marketing, this research draws upon lessons from ParticipACTION, a Canadian non-profit health promotion organization, to examine one of their most well-known…

Abstract

Purpose

Framed by nostalgia marketing, this research draws upon lessons from ParticipACTION, a Canadian non-profit health promotion organization, to examine one of their most well-known campaigns, Body Break with ParticipACTION, in order to assess the potential role for nostalgia-based marketing campaigns in sport participation across generational cohorts.

Design/methodology/approach

Exploratory sequential mixed methods involving two studies were completed on behalf of ParticipACTION, with the authors developing the research instruments and the collection of the data undertaken by research agencies. Study 1 was the secondary analysis of qualitative data from five focus groups with different demographic compositions that followed a common question guide. Study 2 was a secondary data analysis of a pan-Canadian online survey with a sample (n = 1,475) representative of the overall adult population that assessed awareness of, and attitudes toward, ParticipACTION, Body Break, physical activity and sport participation. Path analysis tested a proposed model that was based on previous research on attitudes, brand and loyalty. Further, multi-group path analyses were conducted to compare younger generations with older ones.

Findings

The results provide direction and understanding of the importance of nostalgia in marketing sport participation programs across generational cohorts. For instance, in the four parent-adult focus groups, unaided references as well as frequent and detailed comments regarding Body Break were observed. Similarly, Millennials reported that Body Break was memorable, Canadian and nostalgic, with a mix of positive and negative comments. The importance of nostalgia was supported sequentially via results from the national survey. For example, while 54.1% of the 40–54 age-group associated ParticipACTION positively with Body Break, so did 49.8% of the 25–39-year age group, most of whom were not born when the promotion ran. Further, brand resonance was found to explain 4% more variance in moderate-to-vigorous physical activity (MVPA), the proxy for sport participation, for younger people compared to older people.

Practical implications

Results provide direction to brands, properties and agencies around the use of nostalgia in sport marketing campaigns and sponsorship efforts. For brands seeking to sponsor sport properties to alter their image with potential consumers in a new market, associating with a sport property that many view as nostalgic could improve the impact of the campaign. On the sport property side, event managers and marketers should both identify existing assets that members or fans are nostalgic about, as well as consider building nostalgia into current and new properties they develop.

Originality/value

This research is valuable to the sport marketing and sponsorship literature through several contributions. First, the use of nostalgia marketing, and nostalgia in general, is novel in the sport marketing and sponsorship literature, with future research in nostalgia and sponsorship recommended. Second, the potential to adopt or adapt Body Break to other sport participation and physical activity properties is empirically supported. Finally, the finding that very effective promotions can have a long-lasting effect, both on those who experienced the campaigns as well as younger populations who only heard about it, is notable.

Details

International Journal of Sports Marketing and Sponsorship, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1464-6668

Keywords

Article
Publication date: 12 January 2024

Gerald Stei, Alexander Rossmann and Levente Szász

As a response to the increased frequency of disruptive events and intense competition, organizational agility has become a key concept in organizational research. Fostering…

Abstract

Purpose

As a response to the increased frequency of disruptive events and intense competition, organizational agility has become a key concept in organizational research. Fostering organizational agility requires leveraging knowledge that exists both outside (exploration) and inside (exploitation) the organization. This research tests the so-called ambidexterity hypothesis, which claims that a balance between exploration and exploitation leads to increased organizational outcomes, including the development of organizational agility. Complementing previously established measurement models on ambidexterity, this research proposes an alternative measurement model to analyze how ambidexterity can enhance organizational agility and, indirectly, performance, taking into consideration the moderating effect of environmental competitiveness.

Design/methodology/approach

A review of existing measurement models for ambidexterity shows that tension, a crucial aspect of ambidexterity, is often neglected. The authors, therefore, develop a new measurement model of ambidexterity to incorporate ambidexterity-induced tension. Using this measurement model, they examine the effect of ambidexterity on the development of entrepreneurial and adaptive agility as well as performance.

Findings

Ambidexterity positively influences both entrepreneurial and adaptive agility, indicating that a balance between exploration and exploitation has superior organizational effects. This finding confirms the ambidexterity hypothesis with respect to organizational agility. Furthermore, both entrepreneurial and adaptive agility drive organizational performance. These two indirect effects via agility fully mediate the impact of ambidexterity on organizational performance. Finally, environmental competitiveness positively moderates the relationship between ambidexterity and adaptive agility.

Originality/value

The findings extend research on ambidexterity by showing its positive effects on organizational agility. Furthermore, the study proposes an alternative operationalization to capture the ambidexterity construct that may lay the groundwork for further applications of the ambidexterity concept.

Details

International Journal of Operations & Production Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 0144-3577

Keywords

Book part
Publication date: 28 August 2023

Wioleta Kucharska and Denise Bedford

This chapter defines culture and explains the different conceptual models developed by critical researchers in the field. First, the authors explain why it is essential for us to…

Abstract

Chapter Summary

This chapter defines culture and explains the different conceptual models developed by critical researchers in the field. First, the authors explain why it is essential for us to learn to see our cultures. Next, the chapter breaks the conceptual model of culture into its essential elements, including assumptions, beliefs, values, behaviors, and artifacts. The authors explain why and how each organization’s culture is unique – and walk through the factors that influence our organizational cultures. Finally, the chapter reminds us that it is hard to deliberately change an organization’s culture, because it is inherently dynamic. Instead, each organization should strive to understand how these factors affect our organizations.

Details

The Cultures of Knowledge Organizations: Knowledge, Learning, Collaboration (KLC)
Type: Book
ISBN: 978-1-83909-336-4

Book part
Publication date: 27 June 2023

Yaw Owusu-Agyeman

The outbreak of the SARS-CoV-2 (COVID-19) pandemic has caused significant disruptions to academic activities in educational institutions across countries of the world. In the…

Abstract

The outbreak of the SARS-CoV-2 (COVID-19) pandemic has caused significant disruptions to academic activities in educational institutions across countries of the world. In the context of transnational higher education (TNHE), the pandemic has led to major shifts in face-to-face teaching and learning, students’ support services and student engagement. While a number of scholarly studies have examined the effect of the pandemic on education provision across different educational levels, not much has been done to address existing gaps in how academic leaders could support the transformation of the TNHE sector to respond to current disruptions. In order to address these gaps, the current study adopts a case study approach to examine the complex and evolving academic leadership roles in TNHE institutions in Ghana with respect to remote teaching and learning and virtual team activities. The current study addresses the following questions: What academic leadership approaches are essential to developing innovative practices in host TNHE in order to meet the learning needs of students during and after the pandemic? How can transformational leadership approaches interface with institutional theory to provide new direction for transforming TNHE during and after the pandemic? How can academic leadership roles support the transformation of TNHE during and after the COVID-19 pandemic? As a major contribution for addressing gaps in academic leadership roles in TNHE environments especially during COVID-19, the current study proposes an eight-component transformation model. The study concludes by arguing that the challenges facing TNHE especially during the current period of disruptions will require a transformative and innovative academic leadership approach that would ensure that education delivery addresses current and future students’ learning needs.

Details

Internationalization and Imprints of the Pandemic on Higher Education Worldwide
Type: Book
ISBN: 978-1-83753-560-6

Keywords

Book part
Publication date: 2 May 2024

Amanuel Elias

Research indicates a long historical connection between racism and nationalist ideologies. This connection has been highlighted in the resurgence of exclusionary nationalism in…

Abstract

Research indicates a long historical connection between racism and nationalist ideologies. This connection has been highlighted in the resurgence of exclusionary nationalism in recent years, across many multicultural societies. This chapter discusses the notions of race, ethnicity and nation, and critically examines how racism shapes contemporary manifestations of nationalist discourse across the world. It explores the historical role of settler-colonialism, imperial expansions and the capitalist development in shaping the racial/ethnic aspect of nationalist development. Moreover, it provides an analysis of the interconnections between the racialisation of minorities, exclusionary ideologies and the consolidation of ethno-nationalist tropes. This chapter further considers the impact of demographic changes in reinforcing anti-migrant exclusionary sentiments. This is examined in connection with emerging nativist discourse, exploring how xenophobic racism has shaped and is shaped by nostalgic nationalism based on the sanitisation of the legacies of Empire and colonialism.

Details

Racism and Anti-Racism Today
Type: Book
ISBN: 978-1-83753-512-5

Keywords

Book part
Publication date: 14 December 2023

Sibusiso D. Ntshangase and Ikechukwu O. Ezeuduji

This chapter presents a recent study which explored the impact of entrepreneurship education on South African tourism students' entrepreneurial intention, regarding starting a…

Abstract

This chapter presents a recent study which explored the impact of entrepreneurship education on South African tourism students' entrepreneurial intention, regarding starting a tourism-related business after graduation. The study used a structured questionnaire to collect data from randomly selected tourism students in a South African comprehensive University. Study findings show that entrepreneurship education has an influence on tourism students' entrepreneurial intentions and perceptions of desirability and feasibility. The study results moreover reveal that having entrepreneurial family background and entrepreneurship education played a role in achieving entrepreneurial attributes and desirability. The adoption of various reform programmes targeted at enhancing the graduate employability and/or self-employment, such as the inclusion of a new entrepreneurial track to the undergraduate curriculum, is one of the study's recommendations for the department of tourism studied. Students should be encouraged to apply for the entrepreneurship education track, which includes business training as well as customised coaching and mentorship sessions with accomplished businesspeople, as early as in their first academic year.

Book part
Publication date: 14 December 2023

Hayley H. Brooks

Scholarly literature on the Internationalization of Education has generated important theories, debates, and insights supporting in-depth understandings of the field, yet we lack…

Abstract

Scholarly literature on the Internationalization of Education has generated important theories, debates, and insights supporting in-depth understandings of the field, yet we lack comprehensive reviews exploring the design, implementation, and impact of practical approaches. The present review addresses this gap, mapping the literature on international curriculum design, identifying trends and themes across approaches and pedagogies while revealing limitations and lack of attention to issues that inhibit practice in the field. It highlights the privileging of “instrumental,” or quantifiable skills-based curricula, over “transformative” internationalization dedicated to social justice and equity, and observes important disconnects between theory and practice: publications in the field offer critical conceptualizations of what internationalized curricula should achieve and why but with little attention to specific content and teaching practice that would lead to achieving these objectives. The review further analyzes such disconnect in the literature dedicated to decolonial internationalizing pedagogies, while simultaneously illuminating how prevailing decolonial theories of international education erase and ignore parts of the world. It concludes by contending that approaches to the internationalization of curriculum would benefit from increased practical frameworks that could guide educators, practitioners, and students in crucial conversations at the intersections of social justice and International Education.

Details

Annual Review of Comparative and International Education 2022
Type: Book
ISBN: 978-1-83753-738-9

Keywords

Book part
Publication date: 5 October 2023

Justinus Pieper

This chapter introduces classical ideas of leadership, from Homer's Iliad and Odyssey and Xenophon's Anabasis, posing questions that challenge the ethical and value-based stance…

Abstract

This chapter introduces classical ideas of leadership, from Homer's Iliad and Odyssey and Xenophon's Anabasis, posing questions that challenge the ethical and value-based stance of the contemporary literature on authentic leadership. Do leaders in all spheres need to be versatile in the classical sense? Is the use of ruses legitimate if they succeed? Do literature and history provide greater insight into the execution of leadership than conventional business school courses? Pieper urges researchers to investigate the qualities that a leader needs and the values espoused by proponents of authentic leadership and what coherent theory that recognises the leadership imperatives exemplified by the heroic classical accounts could replace the model of authentic leadership.

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