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Abstract

Details

The Handbook of Road Safety Measures
Type: Book
ISBN: 978-1-84855-250-0

Article
Publication date: 14 December 2020

Lisa Potter and Gary R. Potter

The question of “taking sides” has received a lot of attention within qualitative criminology. Much of this has focused on the moral-philosophical or value-laden aspects of taking…

Abstract

Purpose

The question of “taking sides” has received a lot of attention within qualitative criminology. Much of this has focused on the moral-philosophical or value-laden aspects of taking sides, following Becker's 1967 essay “whose side are we on”. However, the question of taking sides also has methodological implications, especially for qualitative researchers who wish to study multiple sides of a criminological problem, such as the perspectives of offenders and law enforcement around a particular illegal activity.

Design/methodology/approach

This paper considers some of the practical, ethical and analytical challenges of studying illegal markets from opposing sides – the market participants' perspective on one side and law enforcement on the other. It outlines the advantages of researching both sides: the improved validity and reliability that comes with exploring and trying to reconcile different perspectives and the potential this has for developing theory and policy. It then explores the challenges researchers may face when trying to engage with opposing sides in qualitative fieldwork.

Findings

The paper pays particular attention to some practical and ethical questions researchers may face in this situation: who to research first, whether to be open about researching both sides and whether researchers should ever share information they have received from one side with their participants from the other side.

Originality/value

The authors do not offer absolute answers to these questions. Rather, the authors aim to outline some of the factors researchers may need to consider when juggling qualitative research involving participants on both sides of the law.

Details

Journal of Organizational Ethnography, vol. 10 no. 1
Type: Research Article
ISSN: 2046-6749

Keywords

Article
Publication date: 1 June 1999

Rocco R. Vanasco

The Foreign Corrupt Practices Act (FCPA) of 1977 and its amendment – the Trade and Competitive Act of 1988 – are unique not only in the history of the accounting and auditing…

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Abstract

The Foreign Corrupt Practices Act (FCPA) of 1977 and its amendment – the Trade and Competitive Act of 1988 – are unique not only in the history of the accounting and auditing profession, but also in international law. The Acts raised awareness of the need for efficient and adequate internal control systems to prevent illegal acts such as the bribery of foreign officials, political parties and governments to secure or maintain contracts overseas. Its uniqueness is also due to the fact that the USA is the first country to pioneer such a legislation that impacted foreign trade, international law and codes of ethics. The research traces the history of the FCPA before and after its enactment, the role played by the various branches of the United States Government – Congress, Department of Justice, Securities Exchange commission (SEC), Central Intelligence Agency (CIA) and the Internal Revenue Service (IRS); the contributions made by professional associations such as the American Institute of Certified Public Accountants (AICFA), the Institute of Internal Auditors (IIA), the American Bar Association (ABA); and, finally, the role played by various international organizations such as the United Nations (UN), the Organization for Economic Cooperation and Development (OECD), the World Trade Organization (WTO) and the International Federation of Accountants (IFAC). A cultural, ethical and legalistic background will give a better understanding of the FCPA as wll as the rationale for its controversy.

Details

Managerial Auditing Journal, vol. 14 no. 4/5
Type: Research Article
ISSN: 0268-6902

Keywords

Abstract

Many jurisdictions fine illegal cartels using penalty guidelines that presume an arbitrary 10% overcharge. This article surveys more than 700 published economic studies and judicial decisions that contain 2,041 quantitative estimates of overcharges of hard-core cartels. The primary findings are: (1) the median average long-run overcharge for all types of cartels over all time periods is 23.0%; (2) the mean average is at least 49%; (3) overcharges reached their zenith in 1891–1945 and have trended downward ever since; (4) 6% of the cartel episodes are zero; (5) median overcharges of international-membership cartels are 38% higher than those of domestic cartels; (6) convicted cartels are on average 19% more effective at raising prices as unpunished cartels; (7) bid-rigging conduct displays 25% lower markups than price-fixing cartels; (8) contemporary cartels targeted by class actions have higher overcharges; and (9) when cartels operate at peak effectiveness, price changes are 60–80% higher than the whole episode. Historical penalty guidelines aimed at optimally deterring cartels are likely to be too low.

Details

The Law and Economics of Class Actions
Type: Book
ISBN: 978-1-78350-951-5

Keywords

Abstract

Details

The Political Economy of Antitrust
Type: Book
ISBN: 978-0-44453-093-6

Article
Publication date: 16 June 2023

Madeleine Pullman, Lucy McCarthy and Carlos Mena

This pathway paper offers research guidance for investigating illegal supply chains as they increasingly threaten societies, economies and ecosystems. There are implications for…

Abstract

Purpose

This pathway paper offers research guidance for investigating illegal supply chains as they increasingly threaten societies, economies and ecosystems. There are implications for policy makers to consider incorporating supply chain expertise.

Design/methodology/approach

The authors’ work is informed by the team's previous and ongoing studies, research from fields such as criminology, investigative journalism and legal documents.

Findings

Illegality occurs in many supply chains and consists in multiple forms. Certain sectors, supply chain innovations, longer supply chains, and heterogeneous regulations and enforcement exacerbate illegal activities. But illegal activity may be necessary for humanitarian, religious or nationalistic reasons. These areas are under explored by supply chain researchers.

Research limitations/implications

By encouraging supply chain academics to research in this area as well as form collaborative partnerships outside of the discipline, the authors hope to move the field forward in prevention as well as learning from illegal supply chains.

Practical implications

Practitioners seek to prevent issues like counterfeiting with their products as well as fraud for economic and reputational reasons.

Social implications

Governments strive to minimise impacts on their economies and people, and both governments and NGOs attempt to minimise the negative social and environmental impacts. Policy makers need supply chain researchers to evaluate new laws to prevent enabling illegality in supply chains.

Originality/value

As an under-explored area, the authors suggest pathways such as partnering with other disciplines, exploring why these supply chains occur, considering other data sources and methodologies to interdict illegality and learning from illegal supply chains to improve legal supply chains.

Details

International Journal of Operations & Production Management, vol. 44 no. 1
Type: Research Article
ISSN: 0144-3577

Keywords

Article
Publication date: 1 April 2004

Georgios I. Zekos

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way…

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Abstract

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

Details

Managerial Law, vol. 46 no. 2/3
Type: Research Article
ISSN: 0309-0558

Keywords

Book part
Publication date: 19 May 2009

Dita Vogel, William F. McDonald, Bill Jordan, Franck Düvell, Vesela Kovacheva and Bastian Vollmer

Purpose – This is a comparison of the role of the police in the enforcement of immigration law in the interiors of three nations: Germany, the United Kingdom, and the United…

Abstract

Purpose – This is a comparison of the role of the police in the enforcement of immigration law in the interiors of three nations: Germany, the United Kingdom, and the United States.

Methodology – The study builds upon research the authors have already done as well as desk research on recent developments. It uses three dimensions of the problem to focus the report: the hardware, software, and culture of police involvement in this issue.

Findings – In Germany, the local police are responsible for the enforcement of immigration control and have relatively fast and reliable means to identify undocumented immigrants. This is not the case in the United Kingdom and the United States, but there are trends toward more local police involvement, both by institutional cooperation and by the development of better databases and documents for faster identification. These trends are highly controversial in an environment that values community relations and is highly sensitive to racial profiling. However, there are also indications that the differences in typical police work such as traffic controls and crime investigation may not be as pronounced as the differences between the countries would suggest.

Research implications – This study highlights the need for ethnographic work with the police and with unauthorized immigrants to empirically describe and assess the role that the police are playing and its impact on police–community relations.

Practical implications – The German experience supports the value of a comprehensive information system for rapidly determining the immigration status of suspects, but it may not work as expected in the United States and the United Kingdom, where registration and identification obligations apply to foreign citizens only. With the US and UK experiences, one could predict that discriminating identification practices may become more sensitive issues in a Germany with increasing numbers of immigrated citizens.

Details

Immigration, Crime and Justice
Type: Book
ISBN: 978-1-84855-438-2

Book part
Publication date: 1 October 2008

Gil S. Epstein and Odelia Heizler (Cohen)

This paper examines the connection between illegal migration, minimum wages, and enforcement policy. We first explore the employers’ decision regarding the employment of illegal

Abstract

This paper examines the connection between illegal migration, minimum wages, and enforcement policy. We first explore the employers’ decision regarding the employment of illegal migrants in the presence of an effective minimum wage. We show that the employers’ decision depends on the wage gap between those of the legal and illegal workers and on the penalty for employing illegal workers. We consider the effects a change in the minimum wage has on the employment of illegal immigrants and local workers. We conclude by considering the optimal migration policy taking into consideration social welfare issues.

Details

Work, Earnings and Other Aspects of the Employment Relation
Type: Book
ISBN: 978-1-84950-552-9

Article
Publication date: 3 October 2023

Nor Balkish Zakaria, Muhammad Farhan Nordin, Allezawati Ismail, Nurul Huda Ahmad Shukri and Elif Baykal

This study departed from the aim to progress Malaysia as a high-income nation in 2025 via decent work and economic growth (Sustainable Development Goal 8). Thus, this study aims…

Abstract

Purpose

This study departed from the aim to progress Malaysia as a high-income nation in 2025 via decent work and economic growth (Sustainable Development Goal 8). Thus, this study aims to examine the effects of demographic, experience and organisational factors on the ethical integrity of local enforcement officers from self-proclaim and colleague perception perspectives.

Design/methodology/approach

The data of this study was collected from Pusat Latihan Penguatkuasa Selangor (PULAPES), a training centre for local enforcement officers in Selangor. Based on a survey in 2019, this study used primary data based on a scenario-based questionnaire survey with a total sample of 535 respondents.

Findings

From a self-proclaim perspective, the results show that secondment and training factors have a positive relationship with the ethical integrity of local enforcement officers. From a colleague perception perspective, the results indicate that the secondment factor has a positive relationship with ethical integrity. In contrast, the officer rank factor has a negative relationship with the ethical integrity of local enforcement officers.

Practical implications

This research seeks to develop new theories or refine existing ones to explain how diverse circumstances affect law enforcement ethics. Learning people’s habits through observation and consequences like rewards or punishments impact behaviour recurrence are suggested. Law enforcement ethics can be examined by examining how peers, supervisors and organisational culture shape officers’ ethics.

Social implications

The finding of this study could serve to evaluate training programmes or rewards and punishments for ethical behaviour including how accountability and community involvement aid to promote law enforcement ethics.

Originality/value

The survey results of this study are based on local enforcement officers’ ethics that serve to aid in illuminating the elements which affect ethical behaviour among law enforcement personnel and identify the tactics for fostering ethical behaviour.

Details

International Journal of Ethics and Systems, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2514-9369

Keywords

1 – 10 of over 4000