The effect of board size and composition on European bank performance

Banks are “special” financial institutions generating distinct corporate governance challenges. The present paper examines the relationship between two of the most pertinent corporate governance factors—that is, the size of the Board of Directors and the proportion of non-executive directors—and firm performance on a sample of 58 large European banks over the period 2002–2004. The empirical analysis embraces a number of bank-specific variables. Our results reveal that bank profitability is negatively related to the size of the Board of Directors, while the impact of Board composition, although positive in all models, is, in most cases, insignificant. The results are robust after controlling for firm-specific variables.      

Forensic science in South Africa: Status of the profession

The forensic science profession in South Africa is currently unregulated. There is also no national body that allows for the continued development or professional interaction of forensic scientists. The above has brought about a dire need to regulate the profession, in order to achieve the specific goals listed. To attain these objectives it is envisaged that the founding of a Forensic Science Academy in South Africa is of critical importance. The creation of a Forensic Science Academy was explored as the authors believe that such an Academy will provide structure to the profession of forensic science in South Africa – as well as paving the way towards regulation of the profession.     

法治社会与和谐社会相互融合的路径探析

和谐社会需要良好的法治环境,构建法治社会就是构建和谐社会,正确把握法治社会与和谐社会融为一体的路径是构建法治社会与和谐社会的关键所在.路径之一,法治必须服务于和谐社会,要力行依法执政、推进依法行政、实现社会公正、改革司法制度、转变法律观念、应对突发事件、保护弱势群体;路径之二,建设法治政府,为构建和谐社会提供必要条件;路径之三,发挥创新法治环境的重要作用, "实行公正司法、共性个性融合、畅通法律渠道";路径之四,营造西部农村法治环境,做到"三个创造"、 "三个到住"、 "三个加快".     

政治参与：和谐社会的基石

公民政治参与具有表达功能、妥协功能、教育功能和监督功能,它是和谐社会的基石。当前,与构建社会主义和谐社会的要求相比,我国公民的政治参与还存在不少问题,如:动员型参与比重过大、非理性参与时有发生、政治参与的程序化建设任重道远、政治参与的不平衡现象还很突出等。这些问题都会影响政治参与在和谐社会构建中发挥应有的作用。我们应该从培育社会主义政治文化、扩大公民知情权,实现信息公开、尊重和开通新的参与渠道、使政治参与和公民的切身利益紧密结合等几方面着手推动中国公民政治参与的更快发展。     

The legal profession in Troikaland: before and after the Irish bailout

Ireland is feeling a chill wind of austerity emanating from ‘the Troika’; the European Commission, the European Central Bank and the International Monetary Fund. However, this paper concerns an altogether different Troika: an ‘Unholy Trinity’ of bankers, property developers and lawyers. It is argued herein that the combined activities of this Unholy Trinity contributed to the growth of the property bubble, the banking crisis and Ireland's subsequent economic collapse. Whilst the roles of bankers and property developers in the demise of Ireland's ‘Celtic Tiger’ economy have been extensively documented, the role of lawyers has received less attention. This paper seeks to correct the current discursive imbalance. First, the paper outlines the ‘Unholy Trinity’ hypothesis which postulates the existence of a tripartite grouping of social actors that contributed to the Irish economic collapse. A case study of Michael Lynn, property-developer-lawyer is presented, which examines the regulatory failings which Lynn manipulated so effectively. A brief account is also given of the sequence of events which culminated in the receipt of the Troika bailout. Finally, the paper assesses whether the reforms contained in the Legal Services Regulation Bill (LSRB) 2011 will be sufficient to rectify the regulatory failures which are identified herein.     

The making of the Canadian legal profession: a hybrid heritage

The Canadian legal profession emerged from the confluence of two distinct traditions: the American and the English. The colonies of British North America followed the pre-revolutionary American model of a unified legal profession, according to which all lawyers could practise as barristers and solicitors. American and Canadian lawyers pursued a client- and market-driven, eclectic type of practice that was receptive to innovations – such as the large law firm, the contingency fee, and university legal education – that were strongly resisted in England. On the governance side, however, Canadian lawyers created an indigenous but English-inflected model whereby professional self-governance was delegated to a statutorily-created body that had the power to compel all lawyers to join if they wished to practise law. With their commitment to client-centred service and strong governance, Canadian lawyers long enjoyed a cooperative and productive relationship with provincial governments, unlike the adversarial one characteristic of the United States or the long benign neglect of the legal professions by the English state. It is argued that this historical pattern may help to explain the continuing strength of the self-governance model in Canada at a time when it is being questioned and radically reformed elsewhere in the common law world.