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The purpose of this paper is to examine the practical and legal challenges and barriers to the development of a private action in antitrust controls and to project those onto a consideration of the development of such rights of action through a case study of Brazil.

The paper provides a critical review of both the theoretical and practical barriers to the development of private rights of action, drawing upon the history of development in both the USA and in Europe and the regular considerations of policy and law making, through debate at the Organisation for Economic Co‐operation and Development. This comparative and historical analysis is projected into models of design and delivery for consideration by law makers.

Despite the different legal traditions and policy considerations of the different jurisdictions, the fundamental design of a common action pan‐jurisdictions and outwith conflict of law principles might be possible. The paper proposes a design framework to facilitate and achieve this. The case‐study of Brazil presents an interesting and recent context, and illustration, of this process.

The paper provides an historical and comparative account of the development of private rights actions in this area and provides, to the law maker, a framework and set of legal principles and practical enforcement and design guidelines. This framework and its guidelines should assist those countries seeking to introduce such rights of action in the policy area of antitrust control.

The historical and comparative approach draws together in one paper a contemporary global position in this area of law development.

It is recognised that the mere proscription of corporate offences is not adequate to deter misconduct or engender compliance. There is a need for the enforcement of the rules through robust culture-changing sanctions. The purpose of this paper is to demonstrate the inadequacies of criminal law liability in ensuring compliance with ethical corporate conduct in South Africa.

This paper is purely qualitative. For expository purposes, it draws from the Criminal Procedure Act, 51 of 1977 as well the corporate criminality enforcement trends and data from the National Prosecutions Agency’s annual reports to demonstrate that much as criminal liability is enshrined in a statute it has, however, not yielded the expected results. It situates the debate within the broader economic criminological scholarship.

This paper argues that even though the option of prosecuting corporations and directors is part of South African law, many corporate offences are not brought into the criminal justice system. Judging by its erratic imposition, criminal liability has failed to express the indignation and condemnation that are normally attached to criminal sanctions. Several reasons account for this. These include evidentiary, legal, technical and definitional complexities of some corporate offences, which lead to them being regarded as “unprosecutable crimes”. This has a negative impact on enforcement.

This paper is novel because it approaches the debate from a fresh perspective, economics and criminology. Not much scholarly attention has been devoted to analysing the efficacy of criminal sanctions in the South African context. This paper attempts to fill that gap.

To measure the practice and management of proactive policing in local American police agencies and assess them in comparison to recommendations of the National Academies of Sciences (NAS) Committee on Proactive Policing.

A survey was conducted with a national sample of American police agencies having 100 or more sworn officers to obtain detailed information about the types of proactive work that officers engage in, to quantify their proactive work and to understand how the agencies measure and manage those activities. Responding agencies (n = 180) were geographically diverse and served populations of approximately half a million persons on average.

Proactivity as practiced is much more limited in scope than what the NAS envisions. Most agencies track only a few forms of proactivity and cannot readily estimate how much uncommitted time officers have available for proactive work. Measured proactivity is mostly limited to traffic stops, business and property checks and some form of directed or general preventive patrol. Many agencies have no formal policy in place to define or guide proactive activities, nor do they evaluate officer performance on proactivity with a detailed and deliberate rubric.

This is the first national survey that attempts to quantify proactive policing as practiced broadly in the United States. It provides context to the NAS recommendations and provides knowledge about the gap between practice and those recommendations.

This study aims to empirically evaluate the effectiveness of government auditing of local authorities’ compliance with the procurement rules.

A diff-in-diff approach is used where the measure of compliance is (changes in) the incidence of private litigation under the Public Procurement Act, in audited vs non-audited municipalities. Further, semi-structured interviews were conducted with chief procurement officials.

No statistically significant effect is found. While strong effects of audits can be ruled out, the statistical results and the interviews do not, however, contradict a modest but long-lasting effect.

Few studies have addressed the effect of public procurement auditing on compliance. This study develops an empirical framework and presents empirical results.

Individuals and organizations will exhaust all available gains from trade and the resulting allocation of resources will be efficient when allocation will reflect accurately society's opportunities and preferences – including preferences related to individuals' ethical standards. Which behaviours are ethical and which are unethical? International society due to globalization has to develop and establish common ethical principles of behaviour in social life taking into account religion and world civilization. The basic values of humans and life as creation have to be identical all over the world, which means that human behaviour should be similar all over the world. So, similar actions should be ethical or unethical similarly all over the world and principles established by different kinds of societies should not alter the basis of values of life and humanity.

This paper discusses New Zealand's attempt to deal with insider trading by statutory means. New Zealand's attempt is of particular interest since it has two features which distinguish it from other jurisdictions. The first feature is the decision to reject the criminalisation of insider trading and to instead rely upon civil enforcement of insider trading alone. The second feature is the failure to provide a state agency with powers to take action (whether civil or criminal) against insider trading. The New Zealand legislation, the Securities Amendment Act 1988 (‘the Act’), was put in place after the stockmarket crash of 1987 in response to outcries against perceived abuses in the market. The Act has been in force for seven years, yet no case involving allegations of insider trading has been taken to completion. The basis of the insider trading regime is private enforcement which, in the light of its failure to provide effective remedies and control, needs to be reviewed.

As this article is being cast into final — or possibly just semi‐final form, there lies under my eyes The Brookings Review, Summer 1983, which displays on its front cover the following quotation from one of the articles it contains, titled “Arms and the Art of Compromise” by John Steinbrunner. It reads, in part, as follows:

This paper aims to manage better the conflicts in labor disputes by improving the understanding of mediation dynamics from a game-theoretical perspective.

Signaling game model is adapted to a hypothetical labor dispute based on the legislative regulations on the mandatory mediation system in Turkey.

The paper determines mediation equilibria in which both players get positive payoffs. Analysis of the mediation equilibria helps to improve the understanding about the litigation and mediation dynamics depending on the variables. The variables are clearly separated from each other due to their reverse effects on strategy choices of the parties. Mediation payoff and litigation cost are characterized by their incentive effects on mediation preferences, whereas mediation fee and litigation payoff are characterized by their disincentive effect. While increasing amounts of incentive variables strengthen the mediation tendency of the employee, increasing amounts of disincentive variables reveal the opposite effect. Furthermore, the analysis also indicates that if the litigation payoff is too small to recover litigation costs, accepting the mediation becomes the optimal strategy. This prediction is contrary to that of traditional game-theoretic litigation/settlement models, in which small-claim disputes typically cannot be settled.

The assumption that the mediation fee is not a part of the litigation cost eliminates the disincentive effect of mediation fee and makes it neutral on the strategy choice of employee.

This paper first analyzes the strategic role of mediation in labor disputes by using a signaling game. Despite its mediation focus, the paper also provides practical insights for litigation.

This paper aims to explore the technologization of peace work through “remote support monitors” that use social and digital media technologies like social media to alert local violence prevention actors to potentially violent situations during demonstrations.

Using a distributed cognition lens, the authors explore the information processing of monitors within peace organizations. The authors adopt a qualitative thematic analysis methodology composed of interviews with monitors and documents from their shared communication and discussion channels. The authors’ analysis seeks to highlight how information is transformed between social and technical actors through the process of monitoring.

The authors’ analysis identifies that the technologization of monitoring for violence prevention to assist nonviolent activists produces two principal and related forms of transformation: appropriation and hidden attributes. Monitors “appropriate” information from sources to fit new ends and modes of representation throughout the process of detection, verification and dissemination. The verification and dissemination processes likewise render latent supporting informational elements, hiding the aggregative nature of information flow in monitoring. The authors connect the ideas of appropriation and hidden attributes to broader discourses in surveillance and trust that challenge monitoring and its place in peace work going forward.

To the best of the authors’ knowledge, this study is the first to focus on the communicative and information processes of remote support monitors. The authors demonstrate that adoption of social and digital media information of incipient violence and response processes for its mitigation suggests both a social and technical precarity for the role of monitoring.

This paper aims to investigate how the literature has been addressing the relationships between corporate fraud and executive behavior and corporate fraud and information technology (IT) controls.

A systematic literature review was performed following the planning phases proposed by Levy and Ellis (2006), illuminated by the research onion, developed by Saunders et al. (2007).

The main findings of the studies analyzed refer basically to models to assess the risk of fraud. These risks originate from the market, from the organization itself or from individuals and also from their relationship networks. Subsequently, the main risks identified by the authors were classified according to their origin, the main theories approached and the “solutions” for the risks presented by the authors as the product of their work.

It should be noted that this study is not free of limitations, of which two stand out: the full body of articles on the subject was certainly not evaluated. Although the search has been systematic and judicious both by the combination of keywords for the searches, as well as by the use of the main databases and also by the rigor in the description of the procedures and the analysis of the articles in the light of Research Onion was based on the authors’ knowledge that may have been limited in some respect.

As a practical implication, there is the relationship of red flags and their classification by origin, as they can be very useful for planning the work of internal and external auditors.

It is considered that this work can be a starting point for scholars who are interested in the corporate fraud phenomenon, given that the data was collected and organized systematically.

The analysis of the articles in relation to Research Onion shed light on the main philosophical and methodological characteristics of the studies. Also, regarding the relationships between corporate fraud and IT controls, existing scientific research appears to be limited. Searches for the terms information technology and information systems were extended, as well as search strings tested with the terms data governance and IT governance without results. This fact demonstrates that there may be (as far as the results have reached) a vast area of research on corporate fraud in the field of systems knowledge and information technology.