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Book part
Publication date: 7 January 2019

Deisy Del Real

There is a conflation of Mexican origin with the category “undocumented immigrant” that targets and stigmatizes undocumented Mexicans – I call this Mexican illegality

Abstract

There is a conflation of Mexican origin with the category “undocumented immigrant” that targets and stigmatizes undocumented Mexicans – I call this Mexican illegality stigma. I assess whether Mexican illegality stigma negatively affects the psychological well-being of Mexican-origin individuals in the US, distinguishing between undocumented Mexicans and citizen Mexican Americans. I draw from the stress process model and 52 in-depth interviews – 30 with undocumented young adults from Mexico and 22 with US-born young adults of Mexican descent – to evaluate how undocumented Mexicans and citizen Mexican Americans experience Mexican illegality stigma and to determine whether it affects the psychological well-being of undocumented Mexicans in a distinct manner. I found that all respondents experienced social rejection and discrimination when they were assumed or perceived as undocumented Mexicans. While few of the US-born respondents were affected by these incidents, most undocumented young adults found these incidents stressful because they were humiliating, excluded them from valuable resources and opportunities, and forced them to incur financial burden (e.g., unfair fines), which disrupted their transition to adulthood processes such as parenthood and labor market advancement. This study found evidence that Mexican illegality stigma is a stressor and source of distress for undocumented young adults from Mexico. As opposition to undocumented immigration from Mexico intensifies, the hostile context may further strain the psychological well-being of undocumented Mexicans.

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Article
Publication date: 1 March 1999

Marie McKendall, Carol Sánchez and Paul Sicilian

This paper examined the effects of corporate governance structures on the incidence of corporate illegality by analyzing the relationship between environmental violations…

Abstract

This paper examined the effects of corporate governance structures on the incidence of corporate illegality by analyzing the relationship between environmental violations and several dimensions of corporate board structure. Results demonstrated that the value of stock owned by corporate officers and directors was positively and significantly associated with serious environmental violations. Outsider dominance, joint CEO‐Chairpersons, social responsibility committees, and attorneys on boards were not significantly related to corporate illegal behavior. The control variables of size, industry profitability, firm profitability, and industry concentration were all significantly related to environmental violations. The findings involving board structure cast doubt on the efficacy of many popular corporate governance reform proposals.

Details

The International Journal of Organizational Analysis, vol. 7 no. 3
Type: Research Article
ISSN: 1055-3185

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Article
Publication date: 8 May 2017

Gundeep Kaur Virk

In light of frequent corporate scams and frauds, this paper aims to investigate the relationship of corporate illegality with the board of directors’ characteristics in…

Abstract

Purpose

In light of frequent corporate scams and frauds, this paper aims to investigate the relationship of corporate illegality with the board of directors’ characteristics in Indian manufacturing companies.

Design/methodology/approach

The board of director characteristics of sample companies charged with violation of the Securities Exchange Board of India (SEBI) regulations from 2008 to 2013 are matched to an equivalent-sized control data set. A cross-sectional logistic regression model is applied to test the hypothesized association.

Findings

The findings suggest that the SEBI violations are less likely to occur when a large fraction of the board of directors consists of independent directors and when the individual directors have multiple appointments on the boards of other companies. However, it is observed that the size of the board and its meetings have no observable association with violation of the SEBI regulations.

Research limitations/implications

This work is likely to aid future research in exploring the impact of governance mechanisms on the occurrence of illegality. In future, studies may be conducted to investigate the probability of illegal corporate events using a larger sample size and corporate governance variables which have not been examined in the present study.

Practical implications

The analysis provides corporate policy makers and investors an insight to evaluate the vulnerability of a company being engaged in illegality based on its board features.

Originality/value

The present study is distinct from previous reports as it makes a novel attempt to gauge the relationship between the board of directors’ characteristics and the occurrence of illegality in the Indian corporate section.

Details

Journal of Financial Regulation and Compliance, vol. 25 no. 2
Type: Research Article
ISSN: 1358-1988

Keywords

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Article
Publication date: 17 February 2012

Mohamad Jamal Zeidan

The purpose of this paper is to examine the effects of corporate illegality on financial performance within the banking industry, in order to assess whether the regulatory…

Abstract

Purpose

The purpose of this paper is to examine the effects of corporate illegality on financial performance within the banking industry, in order to assess whether the regulatory framework is effective in curbing violations.

Design/methodology/approach

The operating performance of 84 publicly traded US banks that were subject to enforcement actions from US regulatory authorities over a 20‐year period were examined. Performance of each violating bank was analyzed several quarters after each violation and compared to a performance benchmark of non‐violating competitors.

Findings

Contrary to prior studies that show a negative effect of illegality on performance, the results of this investigation failed to show any significant and sustained effect of enforcement actions. This could be due to the unique situation of the banking industry. Nevertheless, the degree of impact depended on firm attributes, as smaller and riskier firms were affected more than others.

Research limitations/implications

The paper is restricted to the US market, which is characterized by a special regulatory framework. Future research could investigate the issue in other markets. Also, this study does not differentiate with respect to the type of violation or seriousness of offense. Future studies could control for those issues.

Practical implications

The results of this study shed some insight on the effectiveness of regulations in the banking industry and suggest that regulators and policy makers should tighten‐up the sanctions and speed‐up the process.

Originality/value

This paper differs from other studies that investigate the effect of illegality on financial performance by focusing on a single and highly regulated industry that has unique characteristics.

Details

Journal of Financial Regulation and Compliance, vol. 20 no. 1
Type: Research Article
ISSN: 1358-1988

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Article
Publication date: 1 June 1983

J.R. Carby‐Hall

The doctrine of illegality in the law of contract generally is complex. Furthermore, a great deal of it is not directly relevant to employment law. Any discussion on the…

Abstract

The doctrine of illegality in the law of contract generally is complex. Furthermore, a great deal of it is not directly relevant to employment law. Any discussion on the doctrine of illegality in the law of contract generally would therefore be irrelevant in a work treating solely illegality of the contract of employment. Cases concerning aspects of illegality relating to contracts of employment have at times come before industrial tribunals and the courts. It is therefore proposed to limit the discussion to those aspects which concern solely contracts of employment. For a reader reading on the subject the reader is referred to the standard textbooks.

Details

Managerial Law, vol. 25 no. 6
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 March 1998

Massimo Nardo

The last few years have seen a steady crescendo in the panic over the threat of organised crime in society. In fact, society is increasingly realising that it is involved…

Abstract

The last few years have seen a steady crescendo in the panic over the threat of organised crime in society. In fact, society is increasingly realising that it is involved in a life and death situation, a war whose battleground is continually expanding as every clash uncovers new frontiers to be broken down and new elements to be fought — just like the fight against some new and unknown disease — a struggle society cannot afford to lose.

Details

Journal of Money Laundering Control, vol. 2 no. 1
Type: Research Article
ISSN: 1368-5201

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Article
Publication date: 17 October 2008

Michelle Berzins and Francesco Sofo

The purpose of this paper is to show that cartel conduct is a common example of non‐compliance with competition laws and, in order to generate insight and lessons

Abstract

Purpose

The purpose of this paper is to show that cartel conduct is a common example of non‐compliance with competition laws and, in order to generate insight and lessons regarding aspects of corporate governance, two areas of cartel behaviour are to be analysed. The first is the extent to which employees of organisations were aware of the seriousness and illegality of their cartel conduct, and the second is the extent to which determining bodies acknowledged the presence or absence of compliance strategies within corporations being prosecuted for cartel conduct.

Design/methodology/approach

A measurement matrix devised from the literature was used as a methodological framework through which content analysis was conducted to explore whether cartel offenders were aware of the illegality of their behaviour and whether the presence or absence of compliance strategies was acknowledged by the court. In total, 69 publicly available investigatory outcomes sourced from 11 different jurisdictions were analysed.

Findings

The findings suggest a need for competition regulators to educate and raise the awareness of business people to improve understanding of the deleterious effects of cartels and of the provisions of relevant legislation in order to achieve better corporate governance and observance of enacted laws.

Originality/value

In 71 per cent of matters examined, cartel participants were found to be aware of the illegality of their behaviour and, whilst 45 per cent of Australian companies had no compliance programme in place to begin with, some other companies had established compliance programmes which were blatantly ignored by employees.

Details

Corporate Governance: The international journal of business in society, vol. 8 no. 5
Type: Research Article
ISSN: 1472-0701

Keywords

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Article
Publication date: 9 October 2009

Michel Dion

The concept of “value network” makes clear that the mission of business corporations cannot be isolated from three basic elements: making profits, responding to customers'…

Abstract

Purpose

The concept of “value network” makes clear that the mission of business corporations cannot be isolated from three basic elements: making profits, responding to customers' needs, reacting to competitors. Too often, value networks are seen as neutral factors in the way corporate crimes are committed. Value networks are usually considered as morally neutral conditioning factors, while it is not the case. The purpose of this paper is to explain how value networks should be closely linked to any crime prevention system.

Design/methodology/approach

Christensen's notion of value networks will be used in order to see if corporate crimes constitute a dysfunction of value networks. The most important “traditional” antecedents of corporate crime will be analyzed.

Findings

Both financial performance and growth rate are reflecting a deep concern for profitability. The level of market concentration not only reveals the structure of the market itself but also the way competitors react one to each other (particularly, through mergers and acquisitions). In both cases, what is unveiled is the capacity of value networks to enhance ethical as well as unethical practices. The way competitors react one to another, as component of the industry concentration, actually reveals how value networks are morally unsettled when such reaction could influence organizations to commit corporate crimes.

Originality/value

The originality of this paper is to reveal how changing corporate culture could redefine the moral boundaries of value networks within the organization.

Details

Journal of Financial Crime, vol. 16 no. 4
Type: Research Article
ISSN: 1359-0790

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Book part
Publication date: 22 February 2013

Jocelyn Solís, Jesica Siham Fernández and Lucia Alcalá

Purpose – The present study looks at the dynamic process of Mexican immigrant children and youth's civic engagement through their participation in community and family…

Abstract

Purpose – The present study looks at the dynamic process of Mexican immigrant children and youth's civic engagement through their participation in community and family activities. In particular, it explores how their collaboration in a grassroots, immigrant community-based Centro in New York City allows for civic engagement. We demonstrate how active community participation, in the form of civic engagement, shapes children and youth's citizenship constructions.Methodology – Based on extensive participant observations and focus group interviews, this article demonstrates how children and youth's civic engagement is mediated by their integration and contributions to family and community civic activities and how these activities inform children and youth's knowledge of citizenship discourse. We present evidence that demonstrates that children and youth's involvement and participation in protests, rallies, volunteer activities, as well as the creation of a booklet, associated with immigration, human rights, and social justice, organized through the Centro Guadalupano, facilitated their knowledge about illegality and citizenship issues.Findings – Findings suggest that when indigenous Mexican children and youth are integrated into the important activities of their community, as active and engaged members, they develop a deeper understanding of civic engagement and what it means to be a participatory “citizen.”Research implications – The present study provides a starting point for future research on the importance of and possibilities for child and youth civic engagement in grassroots community organizations. For example, children and youth learn that through active civic participation and community contributions, they are able to challenge dominant discourse on immigration, human rights, and citizenship. This study sheds light on the value of involving children and youth in civic engagement opportunities – a process that can facilitate the construction of citizenship among marginalized groups, particularly undocumented Mexican immigrants from indigenous regions.Value – The findings presented extend broader discourses on the politics of immigration and citizenship, and also challenge, to some extent, mainstream constructions of children and youth. More research in these areas is needed; our paper is a small contribution to the emerging field of indigenous and immigrant children and youth's political socialization and activism.

Details

Youth Engagement: The Civic-Political Lives of Children and Youth
Type: Book
ISBN: 978-1-78190-544-9

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Article
Publication date: 19 October 2012

Dmitry Khanin and Raj V. Mahto

Companies vary in their attitudes toward regulatory (ethics) risk. The purpose of this study is to assess how regulatory risk‐averse, risk neutral and risk seeking…

Abstract

Purpose

Companies vary in their attitudes toward regulatory (ethics) risk. The purpose of this study is to assess how regulatory risk‐averse, risk neutral and risk seeking companies employ distinct managerial risk and slack accumulation strategies and differ in their auditor scores and bankruptcy risk.

Design/methodology/approach

The authors test their hypotheses using the GAO‐assembled database of financial restatements that allows contrasting voluntary restaters (firms that restated without being prompted either by external auditors or the SEC) and forced restaters (firms requested to restate by the SEC or external auditors). The paper uses logistic regression for comparing different groups of firms to test the hypotheses.

Findings

The results of the data analysis mostly supported the hypotheses. The findings suggest that a firm's attitude towards regulatory risk is associated with organizational slack (available and potential), risk (managerial and organizational), and auditor's rating.

Research limitations/implications

Some limitations of the study are: use of cross sectional data does not allow testing causal effects, relying on GAO office for categorizing firms in different regulatory category introduces the possibility of bias in analysis, and use of only North American firms in the sample limits the generalizability of the findings.

Practical implications

Firms' attitudes toward regulatory risk and their respective risk and slack management strategies could be used to detect fraud early on before such firms transgress from the realm of legality to borderline legality and illegality.

Originality/value

Some contributions of the study are: it shows that a firm's fraud tendency or regulatory risk behavior is associated with the type of slack accumulated and available in the firm, regulatory risk‐averse companies take less managerial and bankruptcy risks, and earn higher evaluations from auditors, it demonstrates that regulatory risk‐averse companies differ from regulatory risk neutral companies.

Details

International Journal of Accounting & Information Management, vol. 20 no. 4
Type: Research Article
ISSN: 1834-7649

Keywords

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