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The aim of this article is to describe and analyze the legal issues of enforcement for corporate governance in Vietnam, focusing primarily on constraints that are faced by companies. And subsequent recommendations to Vietnam's policy makers are raised. In support of working out a legal framework on enforcement of corporate governance, the article has initially focused on assessment of the enforcement for corporate governance in Vietnam. The theoretical framework is that of OECD Principles of Corporate Governance (April 1999, Paris). Furthermore, this article briefly raises some relevant impacts by corporate governance enforcement on compliance with best standards of corporate governance. The article also addresses current impediments on enforcement of corporate governance. It is concluded that enforcement of corporate governance requires making the legal framework perfect to assist inspectors with enforcement of corporate governance; and improvements on the legal framework to enhance the capacity of implementing officials is a need.

To explain and analyze two Enforcement Advisories that set forth the factors the US Commodity Futures Trading Commission Division of Enforcement may consider in assessing cooperation by companies and individuals in the context of CFTC enforcement proceedings.

Explains the background, including the 2007 Enforcement Advisory for Companies. Explains the 2017 Enforcement Advisory for Companies and the parallel Enforcement Advisory for Individuals, including policy-based considerations and factors such as the materiality, timeliness, nature, and quality of a company’s cooperation; the value of a company’s cooperation to the Commission’s broader law enforcement interests; and the company’s culpability, culture and other relevant factors. Provides examples of uncooperative conduct. Discusses a broader trend among enforcement authorities in the US and abroad of setting higher cooperation standards.

The new Advisories make clear that merely complying with requests for information from the CFTC staff will not be sufficient; a company or individual seeking cooperation credit as part of a resolution with the CFTC must go above and beyond its legal obligations in order to qualify for such credit.

Practical guidance from experienced white collar defense, regulatory enforcement, civil litigation and arbitration lawyers.

The purpose of this paper is to discuss two important aspects of enforcement of ethical standards: indirect enforcement, that is the Confucian approach, and common law enforcement. In the context of Confucianism, one must adopt the ethical teachings in a moderate or “middle” way. We should not be too attached to the liberal interpretation of the Confucian texts but must have the wisdom to apply the concepts case-by-case. The issue then is if there are no legal consequences or punishment, then how we can ensure that someone will continue to comply with the standards.

The authors analyze the Confucian texts in relation to the enforcement of the ethical standards. The authors investigate the Entity Maximization and Sustainability Model by referring to the exit option, the voice option, the influence exerted on the board of directors, the sending of the Confucian representatives to sit on the board of directors, the oppression remedy and statutory derivative actions. The authors adopt a comparative study approach and argue that the Confucian enforcement of ethics can fill in the gap where common law rules of procedure cannot reach in the context of Chinese corporate governance system.

By referring to the Confucian teaching, there are several ways to encourage the superior to follow the ethical standards, namely, education, fear of punishment by society, peer pressure, intrinsic value, continuing education and codification of Confucian value/moral standards. In addition, there are several enforcement options based on the Entity Maximization and Sustainability Model, which is highly relevant to the enforcement model of Confucianism.

It is the first of its kind in strengthening the enforcement of Chinese business ethics by adopting the Confucian approach and common law approach. The two are not mutually exclusive but complementary with each other to bring the enforcement of Chinese business ethics to the next level.

The WTO dispute settlement process is an improvement to the original GATT dispute settlement mechanism. However, it fails to assure a timely implementation and enforcement of the dispute settlement body (DSB) recommendations. To this date, the issue of mandatory enforcement is still open to interpretation. The number of ‘matters’ that have been subject to WTO dispute settlement stands at 266 over the 1995–2006 period. The number of implementation disputes has increased since 1998 and stand at 34 as of January 1, 2007. This chapter reviews the process of dispute settlements and enforcements since 1995 and to argue for the interpretation of ‘WTO agreements’ as ‘binding contracts’ whose breach must be evaluated as either ‘efficient’ or ‘non-efficient’ when discussing enforcement. In this context the non-compliance issue may be viewed as an ‘efficient breach’ where the only efficient remedy is a ‘fine’ rather than the usual practice of ‘suspension of concessions or other obligations’ to the Respondent. What sets our approach apart from earlier discussion is that it does not view ‘suspension of concessions’ as a sufficiently burdensome and efficient sanction. A ‘fine’ on the other hand may serve as a ‘buy out’ of a Respondents WTO obligations, and can be transferred to the negatively affected domestic producers in the Complainant's market as compensation for losses.

The introduction of The Food Safety Act has generated more power for Trading Standards Officers and Environmental Health Officers, but has also caused them to assess their roles and responsibilities more precisely.

This paper has two integrated purposes: it provides a report on a symposium hosted by the Bank of Canada and the Royal Canadian Mounted Police in December 2008 dealing with key challenges and directions forward for addressing white‐collar crime; and it ties this material into a conceptual review of the academic literature addressing the key conceptual, structural, legal, and cultural issues that impede the effective policing – broadly conceived – of white‐collar crime.

Participant‐observer in a symposium and literature review.

The original argument is put forward that the bedrock difficulties for dealing with white‐collar crime are conceptual: fundamental liberal capitalist beliefs about what markets are and how best they serve the well‐being of the population have resulted in a deep public‐private divide in law, institutional design, institutional culture, and institutional practice that often frustrates the types of collaboration and information sharing that are universally deemed essential for the effective policing of market space.

Coordinated experimentation across the enforcement spectrum must be undertaken, documented, and communicated with the purpose of identifying approaches that circumvent the known practical (i.e. legal, structural, and cultural) difficulties associated with the current political economy.

The value of this paper thereby lies in situating the practical obstacles to policing market space that face regulatory and enforcement actors, along with victims, in political economic context, so that alternatives that work beyond the limits of the current concepts become literally conceivable.

To identify and assess the current state of professionalism and operations in the field of bail recovery, or bounty hunting.

A multi‐method approach, which integrated information from interviews with bond agents with information taken from a survey of workers in the bond field.

Survey respondents averaged 51 years of age, and were mostly Caucasian males. Most were religious and conservative, and over 25 percent reported having obtained a four‐year college degree. Roughly one‐third of all survey respondents reported experience in law enforcement; nearly half indicated having specialized skills in weaponry. Money was the most cited reason for becoming a bail enforcement agent, and most respondents believed that bail enforcement agents are an under‐appreciated component of the criminal justice system.

These findings were taken from a small number of survey respondents. Consequently, these data are not assumed to be representative of the population surveyed. Additionally, the interviews with key individuals in the field are also not assumed to be representative.

This research has shown that bond agents are not yet professionalized, but a substantial number of them desire greater professionalism in their field, and believe that more professional behavior is necessary to receive greater respect from their fellow criminal justice practitioners.

Very little is known about the operations and attitudes of bond agents. This research has added some critical information to this knowledge base, and has helped to raise other questions which may stimulate further research in this under‐examined field.

To present qualitative data illustrating how some of the largest law enforcement agencies in the USA use risk management in their efforts to control police liability.

To explore this topic, two main data sources were utilized: telephone interviews with 354 law enforcement agencies identified the prevalence of the use of risk management by police agencies; and survey data from police agencies provided descriptive information about the roles, duties, and placement of risk managers within each police organization.

Telephone interviews revealed that 14 of the 354 (0.039 percent) law enforcement agencies identified risk management as one of several tools they use to control police‐related liability within their organizations. This finding is surprising, given the increase in costs associated with settlements/payouts for police‐involved litigation and liability claims over the past few decades.

Future research should identify the reasons why police agencies choose not to use risk management in their police liability management efforts. In addition, future research should explore how the characteristics of city government and/or political culture are associated with the use of risk management by law enforcement agencies.

This paper can serve as a basic resource for police scholars and practitioners, city/county attorneys, risk managers, and various other city/county agents that are interested in learning about risk management as a way to manage police liability.

This paper presents the first national study of risk management in police agencies in the USA.

The Financial Reporting Review Panel (‘the Panel’) was set up in 1991 as part of the new regime under the Financial Reporting Council, with the objective of improving the quality of financial reporting in the UK. Arguably, the Panel was the most radical innovation since it was concerned with the previously not addressed issue of the enforcement of financial reporting regulations. However, it has no direct powers of enforcement and is funded at a level at which it can only react to complaints about company accounts rather than seek out problems. While the Panel has been granted powers to take companies to court with a view to compelling them to revise their accounts, these powers have not been exercised. Nevertheless, there is some evidence that its existence encourages companies to be more scrupulous about compliance with accounting standards and relevant company law before publishing their annual reports. Explanations for compliance include the possibility that adverse findings by the Panel result in economic damage or loss of reputation to the company or its management. This paper investigates a key aspect of possible economic damage: that press notices issued by the Panel about individual cases have an adverse effect on the share price of the company concerned. A share price event study was carried out on 33 companies that, since the inception of the Panel, had been the subject of press notices. We have found no evidence of an adverse share price reactions following the publication of press notices. Improvements in compliance may be attributable to other reasons, one possibility being the belief by management that an adverse finding will affect the share price.

The toll of the stresses of policing on officers’ physical and mental health and on their individual work and family functioning has been well documented in the literature. Given the well-established consequences of work-related stress on law enforcement, it becomes important to understand how officers are utilizing institutional support systems. Specifically, the purpose of this paper is to elucidate the relationship between officers and Employee Assistant Programs (EAPs).

Data were collected from surveys attached to an online officer training targeting domestic violence in law enforcement families in a large southern state.

A total of n=934 participants were retained for analyses. Few respondents (16.2 percent) reported accessing their EAPs. Totally, 56.4 percent reported knowing enough about their EAP and how to access it; 33 percent of participants would not use their EAPs for domestic violence concerns. No significant differences among officers who did and did not access their EAPs for workplace stress, posttraumatic stress, alcohol use, or domestic violence were identified. Significant differences in alcohol use, posttraumatic stress, and operational stress were identified in those who reported not knowing enough about how to access their EAP.

Concrete suggestions are offered to help increase officers’ knowledge and understanding of the importance of mental health and EAPs. Agencies should consider a more comprehensive approach to mental health to ensure that officers get the help they need.

Very little is known about the relationship that law enforcement officers have with EAP services. This study sheds light on some important differences in work-related stress, stress reactions, and knowledge and familiarity with EAP services.