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Article
Publication date: 12 April 2019

Dick Carpenter, Kyle Sweetland, Emily Vargo and Ethan Bayne

The purpose of this paper is to discuss new findings on municipal-level occupational licensing and other forms of regulation and introduce a new data set available for…

Abstract

Purpose

The purpose of this paper is to discuss new findings on municipal-level occupational licensing and other forms of regulation and introduce a new data set available for researchers to study this largely unexplored area.

Design/methodology/approach

Municipal occupational regulatory data were gathered in 2017 and 2018 from the 50 largest cities in the USA. Data available in the data set include city and state IDs, occupational IDs, requirements associated with the regulations (e.g. education, experience and fees), penalties for practicing without meeting the requirements, regulatory type and NAICS category. Descriptive statistics are used to present information about the number and types of occupations regulated and the number and types of regulations present in the cities.

Findings

The median number of occupations regulated by a city is 24.5, but the numbers per city vary substantially. The 1,832 occupations in the data set are distributed across every NAICS category. The most prevalent form of regulation is registration; certification is least used. Cities are quite diverse in the types of regulations applied to occupations, and the type of regulation varies substantially by industry type.

Originality/value

Research on licensing is dominated by state-level analyses. Largely absent are systematic analyses of licensing and other regulation at the municipal level, likely due to a lack of data. This means the current licensing literature underestimates – perhaps severely so – the prevalence, burdens and effects of licensing. The data introduced and discussed in this paper can help remedy this dearth of municipal licensing analyses.

Details

Journal of Entrepreneurship and Public Policy, vol. 10 no. 2
Type: Research Article
ISSN: 2045-2101

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Article
Publication date: 13 April 2015

Kate Parizeau and Josh Lepawsky

– This paper aims to investigate by what means and to what ends waste, its materiality and its symbolic meanings are legally regulated in built environments.

Abstract

Purpose

This paper aims to investigate by what means and to what ends waste, its materiality and its symbolic meanings are legally regulated in built environments.

Design/methodology/approach

The authors investigate the entanglement of law and the built environment through an analysis of waste-related legal case studies in the Canadian context. They investigate a notable Supreme Court case and three examples of Canadian cities’ by-laws and municipal regulations (particularly regarding informal recycling practices). They mobilize what Valverde calls the work of jurisdiction in their analysis.

Findings

The authors argue that the regulation of waste and wasting behaviours is meant to discipline relationships between citizens and governments in the built environment (e.g. mitigating nuisance, facilitating service provision and public health, making individuals more visible and legible in the eyes of the law and controlling and capturing material flows). They find that jurisdiction is used as a flexible and malleable legal medium in the interactions between law and the built environment. Thus, the material treatment of waste may invoke notions of constraint, freedom, citizenship, governance and cognate concepts and practices as they are performed in and through built environments. Waste storage containers appear to operate as black holes in that they evacuate property rights from the spaces that waste regularly occupies.

Originality/value

There is scant scholarly attention paid to legal orderings of waste in built environments. This analysis reveals the particular ways that legal interventions serve to construct notions of the public good and the public sphere through orderings of waste (an inherently indeterminate object).

Details

International Journal of Law in the Built Environment, vol. 7 no. 1
Type: Research Article
ISSN: 1756-1450

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Article
Publication date: 10 July 2009

João Branco Pedro, Frits Meijer and Henk Visscher

The purpose of this paper is to provide a critical review of the building regulations and the building control system in Portugal. The organisation, content, and…

Abstract

Purpose

The purpose of this paper is to provide a critical review of the building regulations and the building control system in Portugal. The organisation, content, and authorities responsible for building regulations are described and an overview is provided of the main stages of the building permit procedure.

Design/methodology/approach

The paper reviews the relevant legal and regulatory provisions and discusses these in the context of commentary published by the various professional associations.

Findings

The Portuguese building regulation system has undergone significant changes in the last 20 years. Almost all building regulations currently in force are approved during that period. Some of these are resulted from the implementation of European Directives. Others are changed due to advances in scientific knowledge. Changes in the building control system have mainly been driven by the changing demands of present‐day practice, in particular, the absence of sufficient municipal technicians, and the need to expedite building control procedures. The solution has been to move away from public building control and to make private parties responsible for compliance with building regulations. The paper concludes that, although there have been significant improvements in the building regulation system over recent years, two structural problems nevertheless persist. First, building regulations continue to be complex and fragmented, and second the qualifications of technicians are still not adequately defined.

Originality/value

A structured overview of the system is provided and the main weaknesses are identified. The proposals for change are suggested by professional associations are summarised, and possible improvements are suggested.

Details

International Journal of Law in the Built Environment, vol. 1 no. 2
Type: Research Article
ISSN: 1756-1450

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Book part
Publication date: 19 September 2019

Brenda Mathijssen and Claudia Venhorst

Abstract

Details

Funerary Practices in the Netherlands
Type: Book
ISBN: 978-1-78769-876-5

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Article
Publication date: 18 April 2017

Rosamaria Olivadese, Hilde Remøy, Carlo Berizzi and Fred Hobma

The need to speed up and simplify the practice of transformation and the topic of reuse is crucial in Italy. The purpose of this paper is to compare successful cases of…

Abstract

Purpose

The need to speed up and simplify the practice of transformation and the topic of reuse is crucial in Italy. The purpose of this paper is to compare successful cases of reuse into housing in Italy and the Netherlands, in order to suggest improvements to the Italian situation.

Design/methodology/approach

Previous research at the University of Pavia showed the need to change living standards for new residential buildings. This research focusses on existing buildings and gives a comparative analysis of the Italian and Dutch legislation for residential buildings. Interviews with professionals have been conducted in Italy and the Netherlands to better understand the differences and problems related to housing regulations. Good examples of reuse into housing have been studied to define common guidelines for intervention.

Findings

The findings describe the building regulations in Italy and the Netherlands concerning adaptive reuse, and reveals differences between the two countries. Furthermore, the possibilities and barriers for the reuse of existing buildings are highlighted.

Practical implications

Lessons are drawn from both contexts, and finally suggestions for improvement of the regulatory system are made for Italy and the Netherlands.

Originality/value

This paper aims at revealing the opportunities and barriers of reuse in Italy and the Netherlands. So far, studies were performed to reveal the feasibility of adaptive reuse, though none of these focussed specifically on legal issues. No sufficient studies are performed so far on reuse into housing in Italy, and the comparison of the regulatory systems of the two countries is novel.

Details

Property Management, vol. 35 no. 2
Type: Research Article
ISSN: 0263-7472

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Book part
Publication date: 4 July 2019

Gardenia Harris

This chapter examines the history and evolution of land use regulation in the United States. The economic effect and influence on neighborhood composition is considered…

Abstract

This chapter examines the history and evolution of land use regulation in the United States. The economic effect and influence on neighborhood composition is considered. The work of political theorists Antonio Gramsci and Michel Foucault is utilized to analyze the practice of zoning in the United States. An overview of the Standard Zoning Enabling Act, which sets the foundation for zoning within the United States, is presented. Michel Foucault’s notion of “disciplinary power” and Gramsci’s theory of “environmental hegemony” are highlighted to elucidate how land use regulations have operated to enhance the social and economic status of some populations, while limiting the opportunities of others. The potential for changing land use polices is also discussed.

Details

Political Authority, Social Control and Public Policy
Type: Book
ISBN: 978-1-78756-049-9

Keywords

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Abstract

Details

Designing Local e-Government: The Pillars of Organizational Structure
Type: Book
ISBN: 978-1-78973-230-6

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Article
Publication date: 8 December 2020

Nick Cowen and Rachela Colosi

The purpose is to assess the impact of online platforms on the sex industry, focusing specifically on direct sex work, and evaluate what approaches to platform regulation

Abstract

Purpose

The purpose is to assess the impact of online platforms on the sex industry, focusing specifically on direct sex work, and evaluate what approaches to platform regulation is likely to align with the interests of sex workers.

Design/methodology/approach

The paper presents a review of interdisciplinary conceptual and empirical literature on sex work combined with analysis of key issues using a transaction cost framework.

Findings

Online platforms generally make sex work safer. Regulation aimed at preventing platforms from serving sex workers is likely to harm their welfare.

Research limitations/implications

Regulation of online platforms should take great care to differentiate coercive sex from consensual sex work, and allow sex workers to experiment with governance mechanisms provided by entrepreneurs.

Originality/value

The paper demonstrates how a transactions costs approach to market behaviour as applied to personal services like ridesharing can also shed light on the challenges that sex workers face, partly as a result of criminalisation, and the dangers of over-regulation.

Details

Journal of Entrepreneurship and Public Policy, vol. 10 no. 2
Type: Research Article
ISSN: 2045-2101

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Article
Publication date: 26 August 2014

Mattias Haraldsson and Torbjörn Tagesson

The aim of this paper is to describe, analyze and explain the level of compliance of accounting practices with legislation and generally accepted accounting principles…

Abstract

Purpose

The aim of this paper is to describe, analyze and explain the level of compliance of accounting practices with legislation and generally accepted accounting principles (GAAP) within the Swedish water and sewerage sector.

Design/methodology/approach

The empirical data are based on a document study of the annual full cost accounting reports for the financial year 2010. We obtained complete data from 250 of Sweden's 290 municipalities. The data are analyzed by statistical methods. The explanations are based on an institutional theory.

Findings

Most of the organizations surveyed in this study had taken measures in line with the new regulations, but none of them had adapted fully to the new requirements. Thus, we suggest that the industry has responded to the new regulation by compromise and avoidance. The statistical analyses show that compliance with legislation and GAAP is associated with legal form, minority governance, fee, tax base, population growth and audit firm.

Research limitations/implications

This paper provides insight into the factors that explain compliance with accounting regulation. Future research would benefit from researching the decision process when organizations choose to comply or not to comply with specific accounting regulations in the public sector.

Originality/value

Few prior studies focus on the actual compliance of accounting practices at the municipal level in relation to accounting regulation and the factors that explain the level of compliance. Knowledge of the factors that explain compliance to accounting regulation will benefit from future policy decisions on regulation and auditing of public sector accounting.

Details

Journal of Accounting & Organizational Change, vol. 10 no. 3
Type: Research Article
ISSN: 1832-5912

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Article
Publication date: 23 November 2010

David B.H. Martin and Brandon K. Gay

The purpose of the paper is to summarize and discuss selected investor‐protection and other related enhancements to federal securities regulation contained in the…

Abstract

Purpose

The purpose of the paper is to summarize and discuss selected investor‐protection and other related enhancements to federal securities regulation contained in the Dodd‐Frank Wall Street Reform and Consumer Protection Act.

Design/methodology/approach

The paper discusses the following investor protections and related enhancements: enhanced whistleblower incentives and protections; expanded SEC investor‐protection administrative functions including the establishment of an Office of the Investor Advocate, the appointment of an Ombudsman, and the establishment on a permanent basis of an Investor Advisory Committee; expanded enforcement authority against aiders and abettors of securities violations; evaluation of the existing standards of care employed by broker‐dealers and investment advisers; a narrowing of exemptions from registration under the Securities Act, including by directing the SEC to enact rules to disqualify “bad actors” from relying on Rule 506 of Regulation D and adjusting the definition of “accredited investor” for purposes of the SEC's rules under the Securities Act; an exemption for certain small companies from the auditor attestation requirements of Sarbanes‐Oxley; provisions to increase the oversight and accountability of credit rating agencies; and steps to bolster the regulatory oversight of the municipal securities market, including by creating a new class of regulated intermediaries – “municipal advisors”

Findings

The Dodd‐Frank Act leaves many critical issues to be fleshed out through further SEC rulemaking and in the implementation phase, including: procedures regarding whistleblower information submitted to the SEC; the actual role of the Office of the Investor Advocate; whether the SEC will adopt a broker‐dealer fiduciary‐duty standard of care; additional texture on rules disqualifying bad actors from relying on Rule 506 of Regulation D; adjustments to net worth requirements related to accredited investor status; rules on disclosure of credit ratings in registration statements; and qualification standards for municipal advisors.

Practical implications

Public companies and other persons affected by the Dodd‐Frank Act should: keep abreast of key developments in the rulemaking phase; possibly participate in the rulemaking process: develop realistic strategies to respond to the proposed rules; develop compliance action plans; and review whistleblower‐related compliance policies and procedures.

Originality/value

The paper provides expert guidance from experienced securities and financial services lawyers.

Details

Journal of Investment Compliance, vol. 11 no. 4
Type: Research Article
ISSN: 1528-5812

Keywords

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