Crime control through saturated community policing: A corporate policing model

Police officers in Western countries do not run day‐to‐day security operations in private companies and corporations. In contrast, Chinese police are directly involved in corporate security management. Responding to the criticisms that comparative studies in the West have overemphasized general and macro‐sociological analyses, this paper will introduce a specific Chinese corporate policing model based on the researcher's two‐month field research recently. The corporation under study is managed through a score keeping system, where security scores are concretely established, and a comprehensive approach is utilized which embodies the use of technical, formal, administrative, educational, and community control measures.     

Mandatory accounting disclosure by small private companies

This article analyzes how mandatory accounting disclosure is grounded on different rationales for private and public companies. It also explores technological changes, such as computerised databases and the Internet, which have recently made disclosure of company accounts by small companies potentially less costly and more valuable, thanks to electronic filing and universal online access to credit information systems. These recent developments favour policies that would expand the scope of mandatory publication for small companies in countries where it is voluntary. They also encourage policies to reduce the costs and enhance the value of disclosure through administrative reforms of filing, archive and retrieval systems. Survey and registry evidence on how the information in the accounts is valued and used by companies is consistent with these claims about the evolution of the tradeoff of costs and benefits that should guide policy in this area.     

Conflict of interest in clinical research: direct payment to the investigators for finding human subjects and health information

The recent death of teenager Jesse Gelsinger in a drug therapy trial has drawn attention to how financial conflicts of interest may compromise patient protection. While research institutions throughout the world have instituted a variety of conflict of interest guidelines, the potential conflicts associated with investigators receiving direct payment from private companies for both the recruitment of patients and the running of clinical trials in pharmaceutical research remains a relatively unexplored area. Clinical researchers undoubtedly deserve to be reasonably compensated for their participation. But these incentive mechanisms also have the potential to create conflicts of interest--both real and perceived.     

Climate Change and a Just Transition to the Future of Work

Rapidly growing concerns about the adverse effects of climate change are prompting a re-thinking of how companies view their strategies and operations and spurring legal and regulatory responses around the world. The overarching objective of these efforts is to facilitate and accelerate the transition to a more sustainable economy. The green transition will have substantial distributional and structural implications for workers and the workplace across companies and economic sectors. Indeed, the future of work will be significantly shaped by climate change. However, relatively scant scholarly attention has been devoted to the forward-looking legal implications of climate change for work. Similarly, legal scholars writing on climate change have largely neglected the laws governing employment. This article seeks to help fill that gap. How can companies, workers, and society respond to the green transition in a manner that enables better jobs, a safe and stable workplace, and more resilient companies? To answer this question, this article draws on the theory of just transition, which is rooted in environmental justice and labor rights. We offer an interpretation and application of just transition that expands its scope to serve as a blueprint for ethical business conduct and legal reform to improve the world of work and the lives of workers.     

The criminalization of immigration and the privatization of the immigration detention: implications for justice

In recent decades, the criminalization of immigration and the use of private prisons have increased in popularity. The criminalization of immigration and the privatization of prisons work hand in hand in shaping the American criminal justice response to immigration. Privatization creates a powerful opportunity for the social construction of the undocumented immigrant into a powerful potential source of revenue for for-profit corporations. Private prison corporations, such as Corrections Corporation of American and The GEO Group, stand to profit significantly from the private immigration detention center. Several investigative reports have focused on how these companies stand to profit, but little attention has been given to the psychosocial consequences that impact immigrant detainees and their families.     

Civil liability of private security: Enforcer of moral obligations to right legal wrongs

The private security industry in the United States now has approximately twice as many personnel as does the public police. Private Security personnel have authority over the liberty, and sometimes the lives, of customers and employees. Often they exercise this awesome responsibility with little if any background and training. In most instances private security personnel are not considered law officers or peace officers and are, therefore, not bound by the same rules and regulations that apply to public police. More and more frequently, untrained or minimally trained, and basically unqualified security officers are taking actions against customers and employees which are excessive and unreasonable. Without the Constitutional protections which would be available if the act were committed by a public police officer, the only recourse for a private individual against reckless and wanton conduct on the part of private security personnel is a civil action, seeking compensation for the inconvenience caused or injuries received. The courts have found that companies and their security personnel have an obligation to be reasonable in their investigations of suspected criminal violations by employees and customers. Failure to conduct a proper and reasonable investigation will open the individual directing the investigation, and the company authorizing it, to liabililty for the injury their improper actions have caused. Civil liability suits have become the moral enforcer for improper and excessive conduct by private security personnel.     

Smoking in the work place: a management perspective.

In the past, smoking in the private work place has been a matter left largely to the discretion of individual employees and employers. A recent poll of the nation's largest service and industrial companies indicates a strong employer preference for this noninterventionist approach by which employees work out smoking-related problems among themselves. Nonetheless, approximately eight states and four dozen localities have passed legislation regulating smoking in the private work place, apparently in response to the courts' reluctance to order such restrictions where the employer has undertaken reasonable efforts to accommodate smokers and nonsmokers. While these laws vary widely in their language and specifics, they may pose significant practical and compliance problems for employers. In the following article, the authors examine judicial, legislative, and employer responses to work-place smoking issues and discuss the options of private employers for coping with this problem.     

Measuring the Economic Returns from Successful NASA Life Sciences Technology Transfers

Since 1958 NASA has invested approximately $3.7 billion in life sciences R&D in the support of the successful human space flight program. There are numerous studies documenting the spin-off technologies that can be traced to NASA research and development activities. Most of these studies describe the technologies and their uses; however only a few measure the economic impact of the spin-offs and most of these are benefit/cost studies that tend to overstate benefits or underestimate costs. This study takes a different approach, measuring only economic impacts to the companies that developed successful spin-off products from NASA life sciences investments. A personal interview was conducted with each company and the benefits are conservatively estimated as the value-added by the NASA technology to the company's output and the amount of additional private R&D stimulated by the NASA R&D.This pilot study of fifteen companies, using a very conservative measurement technique, found a large return to companies that have successfully commercialized NASA life sciences spin-off products. Value-added benefits totaled over $3.7 billion in life sciences R&D in the support of the successful human space flight program. There are numerous studies documenting the spin-off technologies that can be traced to NASA research and development activities. Most of these studies describe the technologies and their uses; however only a few measure the economic impact of the spin-offs and most of these are benefit/cost studies that tend to overstate benefits or underestimate costs. This study takes a different approach, measuring only economic impacts to the companies that developed successful spin-off products from NASA life sciences investments. A personal interview was conducted with each company and the benefits are conservatively estimated as the value-added by the NASA technology to the company's output and the amount of additional private R&D stimulated by the NASA R&D.This pilot study of fifteen companies, using a very conservative measurement technique, found a large return to companies that have successfully commercialized NASA life sciences spin-off products. Value-added benefits totaled over 1.5 billion and a NASA R&D total investment in these 15 technologies of 64 million was found to stimulate an additional64 million was found to stimulate an additional 200 million in private R&D.     

Regulation of interlocking directorates in the financial sector: a comparative case study

Network analysis techniques are used for investigating the probable effects of a change in the regulation aiming to prevent the anticompetitive effects of interlocking directorates (ID), that is the crossed presence of directors in the boards of competing firms. The case study considers a recent Italian law (Section 36 of Law Decree n. 201/2011) which prohibits ID for credit, insurance and financial companies. The ID networks of the top-100 Italian listed companies and of the financial companies in this same list are considered and compared with the analogous networks in the US. The US networks represent a benchmark given that in the US companies act under Section 8 of the Clayton Act that has banned ID since 1914. The effects on the ID networks of the new Italian law are simulated under two different interpretations of the law. If the law will be applied according to a narrow interpretation, the Italian ID network will rest substantially unaltered. However, if the law will be applied according to a broad interpretation, the ID network for financial firms will be completely modified with a network configuration very similar to the American benchmark.     

Employment discrimination: age discrimination and sexual harassment

This is the era of deregulation—and yet in U.S. labor markets, at least, the legal regulation of the employment relation has been expanding in recent decades. The laws have been stiffened and their enforcement, mainly through private lawsuits, has been beefed up. Currently the two most important areas, in terms of impact on employers, are age discrimination and sexual harassment, and these will be my focus.     

Insurance fraud in Taiwan: Reflections on regulatory effort and criminological complexity

The nature and prevalence of insurance fraud has been studied only to a limited extent, even in the USA and Europe. Nevertheless, national authorities have pressed ahead with various approaches to control such fraud. This paper briefly outlines the nature and difficulties around measurement of insurance fraud and reviews key international trends in the regulation of fraud. It then presents the findings of an empirical study of insurance fraud in Taiwan and recent proposals for anti-fraud control. It analyses these findings in the context of actual practices of insurance companies which give evidence to the idea that ‘moral hazard’ is embedded in the institutional arrangements, social relationships, and moral economies of private insurance.     

Do Publicly Traded Firms Price Differently from Private Firms?

This article analyzes whether publicly traded firms price differentlyfrom privately held firms in the product markets. Our empiricalevidence shows that, in the U.S. newspaper industry, firms increasetheir prices when their ownership structure changes from privateto public. The effects are robust and significant. A plausibleexplanation is that private owners enjoy more freedom than publicmanagers to expand circulation and distort content, pursuingthe consumption of nonpecuniary benefits of control. Additionalevidence is consistent with this interpretation. Public newspapersshow lower prices when insiders' ownership participation ishigher. Moreover, private newspapers appear more likely thanpublic newspapers to endorse a candidate during presidentialcampaigns. To my knowledge there are no previous studies comparingpricing by private and public companies.     

Fraud, banking crisis, and regulatory enforcement: Evidence from micro-level transactions data

Can widespread fraud cause large scale banking crises? We address this issue in the context of the recent Turkish banking crisis of 2000, which was followed by a severe recession and currency crisis. Using detailed micro-level transactions data, we show that related lending and back-to-back loans across banks were used to circumvent regulation and transfer deposits to private holding companies that were ruined. Our evidence suggests that systemic fraud coupled with weak enforcement of conventional regulatory principles can be a source of banking crisis.     

Hackers Are After More than Just Data: Will Your Company's Property Policies Respond When Cyber Attacks Cause Physical Damage and Shut Down Operations?

Recent attention on high profile data breaches has overshadowed a potentially greater risk: cyber attacks on large industrial companies causing physical damage, potentially releasing contaminants, and shutting down operations. A handful of publicly reported cyber-attacks, including explosions at an oil pipeline and a steel mill, have highlighted the potential vulnerability of these companies' internet-facing industrial control systems to hackers. The insurance industry has reacted to the growing risk of privacy-related data breaches by marketing and selling so-called “cyber policies.” But these policies typically exclude coverage for property damage and are ill-suited to cover the magnitude of business interruption losses that could result from an extended shutdown of a large industrial operation. That leaves policyholders to look to their traditional property policies. This article examines the cyber-attack risk that large industrial companies face and how those companies' traditional property insurance policies may help mitigate that risk.     

公司重组之上市公司收购法律透视

公司重组实质上是从法律角度谈资产重组 ,也即用法律来约束和规范公司重组中所涉及的各方利益主体及其行为。在现阶段 ,我国主要的公司重组方式有国有企业股份制改造、公司收购、公司的合并与分立、公司间的相互持股参股、资产置换、增资扩股等等。在这些重组过程中 ,法律所起的作用不言自明。本文将具体分析上市公司收购这种重组方式 ,结合我国证券法的有关规定 ,对其间所涉及的相关法律问题做出阐述 ,并提出自己对相关立法和实践的完善意见     

政治背景人士担任公司高管的法律问题研究

本文认为,政治背景人士可担任公司高管从事营利性活动极易利用自己的政治背景为公司谋取本不属于该公司的机会和利益,对同业市场主体间的公平竞争造成损害;部分政治背景人士同时担任多家公司高管,难免对任职的公司造成不公.同时,政治背景人士担任公司高管亦会产生具体的法律问题,由于现行法律法规的缺失和不周延,必须从公法、私法和社会法三个法域予以立法完善.     

Academic spin-offs, corporate spin-outs and company internal start-ups as technology transfer approach

As a rule, a technology transfer gap exists between research and development and the commercialisation of the results. This article investigates the role of new ventures for technology transfer from universities and research institutions as well as between or within companies to close this gap. Based on case studies in Germany and Switzerland, different examples of this technology transfer approach have been analysed. Academic spin-offs can help to transfer technology from universities and research institutions to industry especially if there is the need for additional funding to further develop the technology. Corporate spin-outs can be used for technology transfer between companies as an alternative to closing operations should these no longer fit into the parent organisation. Internal start-ups were identified as a new approach for company internal technology transfer from research departments to business units focused on commercial operations to overcome innovation barriers within companies.     

RETHINKING JUVENILE STATUS OFFENSE LAWS: CONSIDERATIONS FOR CONGRESSIONAL REVIEW OF THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT

Families struggling with a breakdown in communication, trying to control the behavior of an unruly child, or experiencing a crisis often look for outside help. Many families, particularly those without resources to pay for private support, turn to their local status offense system. Status offenders are young people charged with behavior unique to their status as juveniles such as running away, truancy, or disobedience. In 2007, Congress will begin to consider reauthorization of the Juvenile Justice Delinquency Prevention Act (JJDPA), the federal act related to status‐offender policy. By providing an overview of recent state status‐offense legislation and case law, this article identifies issues to be addressed by Congress in reauthorizing the JJDPA.     

挪用公款罪法律适用研究

挪用公款罪的对象包括公款和特定公物 ,其中 ,公款具体包括五种 ,特定公物除法定七种外 ,还包括“社会捐助公益事业”的物资。关于“挪用公款给私有公司、私有企业使用 ,属于归个人使用”的司法解释 ,既混淆了“单位”与“个人”的概念 ,又与其他相关司法解释精神不相一致。对于“挪用公款数额巨大不退还的”行为性质 ,应根据行为人在使用公款时有无造成公款在客观上不能退还的主观心态来具体加以认定。