Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- New governance; corporations; monitorships; deferred prosecution agreements; securities regulation; corporate criminal law; enforcement; regulatory theory (1)
- New governance; corporations; monitorships; securities regulation; regulatory theory (1)
- Responsive regulation; financial crisis; meta-regulation; securities regulation; regulatory design; power; innovation; complexity (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Corporate Monitorships And New Governance Regulation: In Theory, In Practice, And In Context, Cristie Ford, David Hess
Corporate Monitorships And New Governance Regulation: In Theory, In Practice, And In Context, Cristie Ford, David Hess
All Faculty Publications
This paper was prepared for a conference on "New Governance and the Business Organization" at the University of British Columbia in May 2009. It considers government agencies' increasingly common strategy of resolving corporate criminal law and securities regulations violations by way of settlement agreements that require corporations to improve their compliance programs and hire independent monitors to oversee the changes. Based on our interviews with corporate monitors, regulators, and others in the United States and Canada, we identify the ways in which these monitorships in practice fall substantially short of the ideal new governance model we describe. These failings are …
Introduction To 'New Governance And The Business Organization', Cristie Ford, Mary Condon
Introduction To 'New Governance And The Business Organization', Cristie Ford, Mary Condon
All Faculty Publications
In the fall of 2010, the University of British Columbia Faculty of Law welcomed a group of scholars from around the world to consider the state, and evolution, of responsive regulation, in both theory and practice. The occasion was the presence of Dr. John Braithwaite as UBC Law’s inaugural Fasken Martineau Senior Visiting Scholar. This paper is an introductory essay to the special edition of the UBC Law Review devoted to the workshop’s resulting work products. The volume begins with John Braithwaite’s own reflections on the responsive regulation project. On one level, the set of essays that follows his can …
Macro- And Micro-Level Effects On Responsive Financial Regulation, Cristie Ford
Macro- And Micro-Level Effects On Responsive Financial Regulation, Cristie Ford
All Faculty Publications
We are approaching the 20th anniversary of Ian Ayres’ and John Braithwaite’s 1992 book, Responsive Regulation. This paper, which was prepared for a September 2010 workshop at UBC, considers the implications of the recent financial crisis for Ayres’ and Braithwaite’s concept of “enforced self-regulation.” Its main thesis is that flexible and iterative regulatory strategies, such as enforced self-regulation and its progeny, are more porous to influence from different planes of action than prescriptive regulation would be. When focusing on technical regulatory design strategies, scholars should therefore be cautious about bracketing or underestimating the problem of power operating at the “macro …