dunnettreader + accountability   53

Corporate Criminal Accountability for International Crimes
Above: The International Criminal Court Ed. note. This post is the latest in our series on the upcoming U.S. Supreme Court case Jesner. v. Arab Bank , a case…
corporate_citizenship  corporate_personhood  accountability  international_law  international_crimes  Evernote  from instapaper
december 2017 by dunnettreader
Bob Bauer - Alan Dershowitz’s Worries About the Russia Investigation and the Criminalization of Politics | Lawfare
Worried about a “ criminalized politics ,” Alan Dershowitz argues that “malleable” laws should be reserved for proper and not blatantly political uses. He fears…
Evernote  US_politics  political_culture  politicians-crimes  criminalization_of_politics  accountability  Trump-Russia  from instapaper
december 2017 by dunnettreader
Michael Kang - Gerrymandering and the Constitutional Norm Against Government Partisanship (2017) :: SSRN
Win election law prize - Michigan Law Review, Vol. 116, No. 3, Dec. 2017, Forthcoming- Emory Legal Studies Research Paper
71 Pages
Posted: 17 Aug 2017; Last revised: 28 Oct 2017
Michael S. Kang, Emory University School of Law
The Article challenges the basic premise in the law of partisan gerrymandering that government partisan purpose is constitutional at all. The central problem, Justice Scalia once explained in Vieth v. Jubelirer, is that partisan gerrymandering becomes unconstitutional only when it “has gone too far,” giving rise to the intractable inquiry into “how much is too much.” But the premise that partisanship is an ordinary and lawful purpose, articulated as settled law and widely understood as such, is largely wrong as constitutional doctrine. The Article surveys constitutional law to demonstrate the vitality of an important, if implicit norm against government partisanship across a variety of settings. From political patronage, to government speech, to election administration and even in redistricting itself, Vieth is the exception in failing to bar tribal partisanship as a legitimate state interest in lawmaking. The puzzle therefore is why the Supreme Court in Vieth diverged from this overarching norm for legislative redistricting where the need for government nonpartisanship is most acute and so rarely met. The Article proposes a purpose-focused approach that identifies partisanship as an illegitimate basis for lawmaking and requires the government to justify its redistricting with reference to legitimate state interests beyond partisanship, irrespective of extreme partisan effects. The importance of consolidating and reifying the norm against government partisanship, in its most salient legal context, cannot be overstated at a time when hyperpolarization between the major parties dominates national politics and is at its most severe in our lifetime.
Keywords: gerrymandering, redistricting, Whitford v. Gill, partisanship, parties, Bandemer
constitutional_law  political_participation  Evernote  gerrymandering  public_interest  SSRN  accountability  partisanship  liberalism-public_reason  democracy  article  downloaded  US_constitution  corruption  legitimacy  SCOTUS  elections 
november 2017 by dunnettreader
Lords of Misrule | Matt Stoller - The Baffler - Sept 2017
In 1937, future Supreme Court Justice Robert Jackson gave a toast at the New York State Bar Association on the civic responsibilities of the legal profession.…
Evernote  legal_culture  corporate_law  legal_system  US_politics  US_legal_system  US_government  white-collar_crime  criminal_justice  DOJ  fraud  financial_crisis  financial_regulation  SEC  antitrust  Obama_administration  accountability  from instapaper
september 2017 by dunnettreader
Marcus Agnafors - Quality of Government: Toward a More Complex Definition (2013) | American Political Science Review on JSTOR
Concepts such as "quality of government" and "good governance" refer to a desired character of the exercise of public authority. Recently the interest in good governance, the quality of government, and similar concepts has increased considerably. However, despite this increasing interest and use, an adequate definition of the concept of quality of government has proved difficult to find. This article criticizes recent attempts at such a definition and proposes an alternative, more complex definition that includes moral content and also encompasses a plurality of values and virtues at its core. An acceptable definition of the quality of governance must be consistent with the demands of a public ethos, the virtues of good decision making and reason giving, the rule of law, efficiency, stability, and a principle of beneficence. The article describes these components in detail and the relations among them. - downloaded via iphone to dbox
corruption  governance  comparative_politics  accountability  government-public_communication  jstor  bibliography  article  community  common_good  morality  political_theory  political_culture  downloaded  public_interest  public_reason  deliberation-public  diversity  governance-participation  good_government  rule_of_law 
july 2017 by dunnettreader
Aligica
Revisiting the theory of institutional hybridity and diversity developed by Vincent and Elinor Ostrom to cope with the challenge of the "neither states nor markets" institutional domain, this article reconstructs the Ostromian system along the "value heterogeneity-co-productionpolycentricity" axis. It articulates the elements of a theory of value heterogeneity and of the fuzzy boundaries between private and public. It rebuilds the model of co-production, clarifying the ambiguity surrounding a key technical public choice theoretical assumption, and it demonstrates (a) why it should not be confused with the Alchian-Demsetz team production model and (b) how co-production engenders a type of market failure that has been neglected so far. In light of this analysis, the article reconsiders polycentricity, the capstone of the Ostromian system, explaining why polycentricity may be seen as a solution both to this co-production market failure problem and to the problems of social choice in conditions of deep heterogeneity. It also discusses further normative corollaries. - Downloaded via iphone
power  market_failure  political_economy  centralization  power-asymmetric  governance  downloaded  public-private_gaps  bargaining  institutional_economics  commons  article  normativity  accountability  common_good  jstor  political_science  decentralization  public_goods  public_choice  norms 
july 2017 by dunnettreader
Flores-Maciss
What determines when states adopt war taxes to finance the cost of conflict? We address this question with a study of war taxes in the United States between 1789 and 2010. Using logit estimation of the determinants of war taxes, an analysis of roll-call votes on war tax legislation, and a historical case study of the Civil War, we provide evidence that partisan fiscal differences account whether the United States finances its conflicts through war taxes or opts for alternatives such as borrowing or expanding the money supply. Because the fiscal policies implemented to raise the revenues for war have considerable and often enduring redistributive impacts, war finance—in particular, war taxation—becomes a high-stakes political opportunity to advance the fiscal interests of core constituencies. Insofar as the alternatives to taxation shroud the actual costs of war, the findings have important implications for democratic accountability and the conduct of conflict. - Downloaded via iphone
US_history  downloaded  politics-and-money  US_military  deficit_finance  sovereign_debt  business_cycles  international_finance  fiscal_policy  Congress  US_foreign_policy  capital_markets  fiscal-military_state  political_history  article  political_economy  monetary_policy  taxes  US_politics  accountability  financial_system  redistribution  business-and-politics 
july 2017 by dunnettreader
Henry Farrell - Privatization as State Transformation — Crooked Timber - Sept 2016
This account helps explain not only why key parts of the state have become privatized or semi-privatized, being put out to private operators, but why states are increasingly relying on private systems of ordering. It shows how the privatization of governance spans the international sphere as well as domestic politics, since international and cross-national forms of regulation have sometimes been partly privatized, and sometimes structured so as to provide private entities with new opportunities to challenge government decisions. Finally, it provides the basis for a specific normative critique of privatization. Here, I do not try to evaluate whether the economy works worse, or better, after privatization than it did in an era when the state exercised control through ownership rather than regulation. Instead, more simply, I show that privatization did not work as its enthusiasts argued and believed that it would, looking to evaluate it in terms of its own promises. Rather than pushing back the state, and replacing political inefficiency with the competitive disciplines of the market, it has replaced one form of political control with another. -- downloaded via iPhone to DBOX
competition-political  political_science  efficiency  political_change  downloaded  international_organizations  international_political_economy  IR-domestic_politics  hierarchy  accountability  reform-political  competition  political_economy  risk_management  paper  government-forms  political_sociology  political_order  politics-and-money  political_discourse  privatization  organizations  decision_theory  bureaucracy  political_culture 
october 2016 by dunnettreader
(107) NOW Published: How Hume
How Hume and Kant Reconstruct Natural Law: Justifying Strict Objectivity  without Debating Moral Realism, Clarendon Press (2016)
Front matter including both overview TOC and very detailed TOC plus introductory chapter -- He explains in the intro how both Hume and Kant (via Rousseau) pursued "moral constructivist" approaches using a (modified) "natural law" framework - after Hume had successfully attacked weaknesses in traditional approach to natural law. Notes that "justice" traditionally one of the 2 branches of moral philosophy (the other ethics). He's especially concerned with failure of "business ethics " as cause of financial crisis and Great Recession - but "business ethics" meaningless without a framework of "Justice." His target audience includes lawyers and legal/jurisprudence students and scholars - he thinks legal positivism and legal realism has run out of steam. He returns to accountancy standards in final chapter. -- pdf is the same material as kindle sample -- downloaded via iPhone to DBOX
books  legal_system  constructivism  morality-objective  justice  legal_theory  norms  accountability  legal_realism  18thC  norms-business  downloaded  moral_sentiments  moral_economy  jurisprudence  morality-conventional  legal_positivism  accounting  moral_realism  moral_psychology  Hume  kindle-available  natural_law  moral_philosophy  morality  Kant 
july 2016 by dunnettreader
Quaker bankers: building trust on the basis of sincerity, reciprocity and charity | Magic, Maths & Money - Feb 2016
This post follows discussions of the norms sincerity, reciprocity and charity in financial markets. It suggests that the success of Quaker finance, that funded… Tracks the importance of Quaker-owned banks to the development of UK financial system - the number of big-name banking families with Quaker founders is striking. Their personalized methods of working on reputation (theirs and their borrowers) based on shared standards of probity and transparency, disciplined by membership in the Quaker community - allowed them to not only grow in the loan business, but become big in the bills market. The Quaker method of collecting views re appropriate moral life practices, which were documented and circulated among the members - and set mutual expectations for ethical practices, including areas like bookkeeping and full disclosure. The Quaker firms were central to the system of country banks, capable of providing liquidity to halt bank runs, wind down problem institutions etc. Their bills business didn't survive the switch to the Bank of England becoming lender of last resort in the 1844 crisis. And their information advantages don't seem to have remained a competitive advantage as it had been in the pre Napoleonic_Wars era.
Instapaper  economic_history  financial_innovation  banking  17thC  18thC  19thC  British_history  Quakers  dissenters  Industrial_Revolution  ethics  norms  norms-business  accounting  accountability  reputation  disclosure  information-intermediaries  information-markets  money_market  Bank_of_England  country_banks  financial_crisis  bank_runs  lender-of-last-resort  from instapaper
february 2016 by dunnettreader
Darrell Duffie and Jeremy C. Stein - Reforming LIBOR and Other Financial Market Benchmarks (2015) | AEAweb: Journal of Economic Perspectives, 29(2): 191-212.
LIBOR is the London Interbank Offered Rate: a measure of the interest rate at which large banks can borrow from one another on an unsecured basis. LIBOR is often used as a benchmark rate—meaning that the interest rates that consumers and businesses pay on trillions of dollars in loans adjust up and down contractually based on movements in LIBOR. Investors also rely on the difference between LIBOR and various risk-free interest rates as a gauge of stress in the banking system. Benchmarks such as LIBOR therefore play a central role in modern financial markets. Thus, news reports in 2008 revealing widespread manipulation of LIBOR threatened the integrity of this benchmark and lowered trust in financial markets. We begin with a discussion of the economic role of benchmarks in reducing market frictions. We explain how manipulation occurs in practice, and illustrate how benchmark definitions and fixing methods can mitigate manipulation. We then turn to an overall policy approach for reducing the susceptibility of LIBOR to manipulation before focusing on the practical problem of how to make an orderly transition to alternative reference rates without raising undue legal risks. -- didn't download
article  financial_system  financial_regulation  money_market  capital_markets  markets-structure  LIBOR  fraud  business-norms  business_ethics  trust  market_manipulation  accountability 
september 2015 by dunnettreader
Akerlof, G.A. and Shiller, R.J.: Phishing for Phools: The Economics of Manipulation and Deception. (eBook and Hardcover)
Phishing for Phools therefore strikes a radically new direction in economics, based on the intuitive idea that markets both give and take away. Akerlof and Shiller bring this idea to life through dozens of stories that show how phishing affects everyone, in almost every walk of life. We spend our money up to the limit, and then worry about how to pay the next month’s bills. The financial system soars, then crashes. We are attracted, more than we know, by advertising. Our political system is distorted by money. We pay too much for gym memberships, cars, houses, and credit cards. Drug companies ingeniously market pharmaceuticals that do us little good, and sometimes are downright dangerous. Phishing for Phools explores the central role of manipulation and deception in fascinating detail in each of these areas and many more. It thereby explains a paradox: why, at a time when we are better off than ever before in history, all too many of us are leading lives of quiet desperation. At the same time, the book tells stories of individuals who have stood against economic trickery—and how it can be reduced through greater knowledge, reform, and regulation. -- Intro downloaded pdf to Note
financial_crisis  kindle-available  behavioral_economics  competition  downloaded  market_manipulation  markets-psychology  financial_system  pharma  accountability  books  politics-and-money  marketing  information-asymmetric  markets-dependence_on_government  disclosure  markets-failure  financial_innovation  financial_regulation 
august 2015 by dunnettreader
Accounts and holding to account | Enlightened Economist - August 2015
I *loved* Jacob Soll’s The Reckoning: Financial Accountability and the Making and Breaking of Nations. It gives a long historical perspective on accountancy – no, wait – and particularly its importance in literally holding leaders and politicians to account. The book’s message is that there is a constant tension between the increasing sophistication of methods of accounting to hold to account, literally, kings or powerful companies or political leaders and the scope that sophistication creates for new ways of defrauding the people or the shareholders. So the methods of accountancy need to be embedded in a culture of honest dealing.
review  economic_history  institution-building  accountability  institutional_capacity  public_finance  self-regulation  accounting  government_officials  government_finance  books  trust  financial_system  from instapaper
august 2015 by dunnettreader
Richard Bourke and Raymond Geuss, eds. - Political Judgement: Essays for John Dunn (2009) | Cambridge University Press
From Plato to Max Weber, the attempt to understand political judgement took the form of a struggle to define the relationship between politics and morals. (...) explores a series of related problems in philosophy and political thought, raising fundamental questions about democracy, trust, the nature of statesmanship, and the relations between historical and political judgement. (...) reconsiders some classic debates in political theory – about equality, authority, responsibility and ideology – Introduction **--** Part I. The Character of Political Judgement: *-* 1. What is political judgement? Raymond Geuss *-* 2. Sticky judgement and the role of rhetoric Victoria McGeer and Philip Pettit *-* 3. Theory and practice: the revolution in political judgement Richard Bourke **--** Part II. Trust, Judgement and Consent: *-* 4. On trusting the judgement of our rulers Quentin Skinner *-* 5. Adam Smith's history of law and government as political theory Istvan Hont *-* 6. Marxism in translation: critical reflections on Indian radical thought Sudipta Kaviraj **--** Part III. Rationality and Judgement: *-* 7. Pericles' unreason Geoffrey Hawthorn
8. Accounting for human actions: individual agency and political judgement in Montaigne's Essais Biancamaria Fontana *-* 9. Nehru's judgement Sunil Khilnani **--** Part IV. Democracy and Modern Political Judgement: *-* 10. Democracy, equality and redistribution Adam Przeworski *-* 11. Democracy and terrorism Richard Tuck -- excerpt from Intro downloaded pdf to Note
books  kindle-available  intellectual_history  political_history  political_philosophy  political_economy  judgment-political  public_policy  political_culture  ancient_Greece  Europe-Early_Modern  16thC  18thC  Montaigne  Smith  agency  decision_theory  democracy  equality  redistribution  political_participation  public_opinion  rhetoric-political  Marxism  India  colonialism  post-colonial  terrorism  legitimacy  authority  moral_philosophy  responsibility  accountability  downloaded 
august 2015 by dunnettreader
Clément Fontan - La BCE et la crise du capitalisme en Europe - La Vie des idées - 24 février 2015
Selon Clément Fontan, la Banque centrale européenne a outrepassé ses prérogatives et a, sans contrôle démocratique, traité de manière trop différenciée l’aide qu’elle apporte aux États et celle qu’elle alloue au système financier. Mots-clés : Europe | banque centrale | capitalisme | Grèce | euro -- quite helpful for details of how the various powers, decision-making processes and authority in the EU, the Eurozone, the member states, and the ECB interact -- downloaded pdf to Note
article  EU_governance  Eurozone  ECB  Great_Recession  financial_crisis  capitalism-systemic_crisis  finance_capital  financialization  Greece-Troika  Eurocrsis  QE  bank_runs  payments_systems  bailouts  Germany-Eurozone  France  accountability  democracy_deficit  austerity  Maastricht  sovereign_debt  sovereignty  Europe-federalism  European_integration  downloaded 
july 2015 by dunnettreader
Sustainable development: Report of UN Working Group on business and human rights - June 2015
Sustainable development: UN expert group calls for accountability of public and private sectors -- GENEVA (16 June 2015) – The United Nations Working Group on business and human rights today urged the UN system and all its member states to make globalization inclusive and aligned with human rights, and called for full accountability of public and private sectors’ activities in that regard. The expert’s call comes as a number of key international negotiations are taking place on sustainable development goals for the world, development financing and the climate change, as well as a number of policy talks on trade, finance and investment. -- downloaded pdf to Note
report  UN  human_rights  business_practices  business-norms  business-ethics  FDI  investment-socially_responsible  investor-State_disputes  investment-bilateral_treaties  supply_chains  sustainability  global_governance  global_economy  public_goods  public_health  public-private_partnerships  NGOs  civil_society  accountability  international_law  downloaded 
july 2015 by dunnettreader
Jack Balkin - Fragile Democracies: An Interview with Sam Issacharoff | Balkinization - June 2015
A bunch of great Qs from HB -- I recently spoke with Sam Issacharoff (NYU Law School) about his new book, Fragile Democracies: Contested Power in the Era of Constitutional Courts (CUP). -- JB: You are one of the foremost experts on American election law. How did you get interested in the constitutional problems of emerging democracies? JB: A key claim of the book is that courts can play an important role in keeping emerging democracies from backsliding into authoritarianism and dictatorship. Why are courts able to do this? -- JB: Critics of judicial review have long argued that it is inconsistent with democracy, and actually undermines it in the long run. How does your argument engage with those critics? SI: We have long debated the issue of judicial review and the countermajoritarian difficulty in the U.S. The new democracies of the 20thC and 21stC uniformly created constitutional courts whose central function was to check the exercise of power by the political branches(..) entrusted to these courts not only the power of judicial review, but the power to be the central administrative body over elections. The gamble is that democracy would be stabilized by guaranteeing limitations on government and repeat elections. (..) I would prefer to see the question whether strong court constitutionalism can sustain democracy in fractured societies as an empirical one-- of "does it work?" If it does, we can indulge the theoretical question of the legitimacy of how judicial power is exercised, but down the road a ways.
Instapaper  books  constitutional_law  constitutions  democratization  transition_economies  post-colonial  limited_government  power-concentration  power-asymmetric  accountability  government-forms  government-roles  checks-and-balances  separation-of-powers  judiciary  judicial_review  elections  voting  corruption  parties  legitimacy  legitimacy-international  authoritarian  one-party_state  democracy_deficit  political_participation  opposition  from instapaper
july 2015 by dunnettreader
Jeremy Waldron -Judicial Review and Judicial Supremacy (Nov 2014) :: SSRN
NYU School of Law, Public Law Research Paper No. 14-57 -- This paper attempts to identify a particular constitutional evil -- namely, judicial supremacy -- and to distinguish the objection to judicial supremacy from the broader case that can be made against judicial review. Even if one supports judicial review, one ought to have misgivings about the prospect of judicial supremacy. The paper associates judicial supremacy with three distinct tendencies in constitutional politics: (1) the temptation of courts to develop and pursue a general program (of policy and principle of their own) rather than just to intervene on a piecemeal basis; (2) the tendency of the highest court to become not only supreme but sovereign, by taking on a position of something like broad sovereignty within the constitutional scheme (thus confirming Thomas Hobbes in his conviction that the rule of law cannot be applied at the highest level of political authority in a state because any attempt to apply it just replicates sovereignty at a higher level)); (3) the tendency of courts to portray themselves as entitled to "speak before all others" for those who made the constitution, to take on the mantle of pouvoir constituant and to amend or change the understanding of the constitution when that is deemed necessary. -- Pages in PDF File: 44 -- Keywords: constitutions, Hobbes, judicial review, judicial supremacy, judges, judiciary, popular constitutionalism, rule of law, Sieyes, sovereignty -- downloaded pdf to Note
paper  SSRN  philosophy_of_law  jurisprudence  legal_theory  legal_system  political_philosophy  government-forms  Hobbes  Sieyes  sovereignty  authority  democracy  accountability  constitutions  constitutionalism  judicial_review  judiciary  conflict  public_policy  public_opinion  change-social  political_change  policymaking  downloaded 
june 2015 by dunnettreader
Martens, Rusconi and Leuze, eds. - New Arenas of Education Governance: The Impact of International Organizations and Markets on Educational Policy Making | Palgrave Macmillan - November 2007
Edited by Kerstin Martens, Alessandra Rusconi, Kathrin Leuze -- How and to what extent is education becoming a field of international and market governance? Traditionally, education policy making has been viewed as the responsibility of the nation state, falling within the realm of domestic politics. But recent years have witnessed the transformation of the state. Globalization has introduced new actors and led to the internationalization and marketization of education. This volume provides the most comprehensive and up-to-date account of these new arenas of education governance, examining the impact of international organizations and the role of the market in policymaking. It demonstrates how education policy is formulated at international levels and what the consequences for national policy making will be. -- excerpt = TOC, Introduction and index -- downloaded pdf to Note
books  public_policy  education  education-higher  education-training  education-privatization  education-finance  international_organizations  globalization  markets_in_everything  market_fundamentalism  privatization  public_goods  governance  global_governance  business-and-politics  business_influence  education-civic  values  accountability  Labor_markets  human_capital  competition  competition-interstate  development  distance_learning  IT  communication  nation-state  national_ID  knowledge_economy  OECD  World_Bank  WTO  trade-policy  trade-agreements  student_debt  democracy_deficit  political_participation  EU  EU_governance  standards-setting  testing  downloaded 
may 2015 by dunnettreader
Kathleen Perkins Miller, George Serafeim - Chief Sustainability Officers: Who Are They and What Do They Do? (revised September 2014) :: SSRN
Kathleen Perkins Miller, Miller Consultants -- George Serafeim, Harvard University - Harvard Business School *--* Chapter 8 in Leading Sustainable Change, Oxford University Press, 2014 *--* While a number of studies document that organizations go through numerous stages as they increase their commitment to sustainability over time, we know little about the role of the Chief Sustainability Officer (CSO) in this process. Using survey and interview data we analyze how a CSO’s authority and responsibilities differ across organizations that are in different stages of sustainability commitment. We document increasing organizational authority of the CSO as organizations increase their commitment to sustainability moving from Compliance to Efficiency and then to Innovation. However, we also document a decentralization of decision rights from the CSO to different functions, largely driven by sustainability strategies becoming more idiosyncratic at the Innovation stage. The study concludes with a discussion of practices that CSOs argue to accelerate the commitment of organizations to sustainability. -- Pages in PDF File: 22 -- Keywords: sustainability, organizational change, Chief Sustainability Officer, innovation, -- downloaded pdf to Note
chapter  SSRN  business_practices  business-norms  CSR  sustainability  firms-organization  firms-structure  Innovation  corporate_governance  accountability  institutional_change  institutional_capacity  downloaded 
april 2015 by dunnettreader
George Serafeim - The Role of the Corporation in Society: An Alternative View and Opportunities for Future Research b(revised June 2014) :: SSRN
Harvard University - Harvard Business School *--* A long-standing ideology in business education has been that a corporation is run for the sole interest of its shareholders. I present an alternative view where increasing concentration of economic activity and power in the world’s largest corporations, the Global 1000, has opened the way for managers to consider the interests of a broader set of stakeholders rather than only shareholders. Having documented that this alternative view better fits actual corporate conduct, I discuss opportunities for future research. Specifically, I call for research on the materiality of environmental and social issues for the future financial performance of corporations, the design of incentive and control systems to guide strategy execution, corporate reporting, and the role of investors in this new paradigm. -- Pages in PDF File: 27 -- Keywords: corporate performance, corporate size, sustainability, corporate social responsibility, accounting -- downloaded pdf to Note
paper  SSRN  corporate_governance  corporate_citizenship  global_economy  global_governance  international_political_economy  shareholder_value  shareholders  CSR  disclosure  accountability  accounting  institutional_economics  institutional_investors  incentives  institutional_change  long-term_orientation  business-and-politics  business-norms  business_practices  business_influence  sustainability  MNCs  firms-theory  firms-structure  firms-organization  power  power-concentration  concentration-industry  downloaded 
april 2015 by dunnettreader
Beiting Cheng, Ioannis Ioannou, George Serafeim - Corporate Social Responsibility and Access to Finance - May 19, 2011 | Strategic Management Journal, 35 (1): 1-23. :: SSRN
Beiting Cheng, Harvard University - Harvard Business School -- Ioannis Ioannou, London Business School -- George Serafeim, Harvard University - Harvard Business School **--** In this paper, we investigate whether superior performance on corporate social responsibility (CSR) strategies leads to better access to finance. We hypothesize that better access to finance can be attributed to a) reduced agency costs due to enhanced stakeholder engagement and b) reduced informational asymmetry due to increased transparency. Using a large cross-section of firms, we find that firms with better CSR performance face significantly lower capital constraints. Moreover, we provide evidence that both of the hypothesized mechanisms, better stakeholder engagement and transparency around CSR performance, are important in reducing capital constraints. The results are further confirmed using several alternative measures of capital constraints, a paired analysis based on a ratings shock to CSR performance, an instrumental variables and also a simultaneous equations approach. Finally, we show that the relation is driven by both the social and the environmental dimension of CSR. -- Pages in PDF File: 43 -- Keywords: corporate social responsibility, sustainability, capital constraints, ESG (environmental, social, governance) performance -- didn't download
article  SSRN  business_practices  business-norms  corporate_finance  corporate_governance  shareholder_value  CSR  environment  sustainability  accounting  accountability  firms-theory  firms-structure  information-asymmetric  disclosure  finance-cost 
april 2015 by dunnettreader
Claus Holm, Morten Balling and Thomas Poulsen - Corporate governance ratings as a means to reduce asymmetric information (2014) | T&A Online
Downloaded to iPhone -- Cogent Economics & Finance - Volume 2, Issue 1, 2014 -- Can corporate governance ratings reduce problems of asymmetric information between companies and investors? To answer this question, we set out to examine the information basis for providing such ratings by reviewing corporate governance attributes that are required or recommended in laws, accounting standards, and codes, respectively. After that, we scrutinize and organize the publicly available information on the methodologies actually used by rating providers. However, important details of these methodologies are treated as confidential property, thus we approach the evaluation of corporate governance ratings as a means to reduce asymmetric information in a more general manner. We propose that the rating process may be seen as consisting of two general activities, namely a data reduction phase, and a data weighting, aggregation, and classification phase. Findings based on a Danish data-set suggest that rating providers by selecting relevant attributes in an intelligent way can improve the screening of companies according to governance quality. In contrast, it seems questionable that weighting, aggregation, and classification of corporate governance attributes considerably improve discrimination according to governance quality.
paper  corporate_finance  asymmetric_information  capital_markets  disclosure  investors  risk  asset_prices  corporate_governance  ratings  reputation  EMH  accountability  financial_regulation  self-regulation  norms  business_practices  business-ethics  downloaded 
january 2015 by dunnettreader
James Fallows - The Tragedy of the American Military | The Atlantic Dec 2014
how we've become a chickenhawk nation, with a titally unaccountable military and an out-if-contril military-industrial complex that isn't just wasteful but actively counterproductive re both military war-fighting capabilities and US strategic positioning in glibalized, multi-polar and real-time connected world - Fallows also reflects concerns re manageralist mindset that can neither deal with shifting big picture (othet than more, faster, etc is automatically better) nor allow innovative problem solving at tactical level - bureaucratic fiefdoms that don't combine coherently, in evidence by 1990s as Versailles in the Potimac, has only gotten worse, with the press corps more enablers than watchdogs - and the stuff that does get media attention is pennyante, easy to hype gaffes not the goring of any important interest's ox. The F-35 vs A10 debacle is the perfect illustration, in a breathtaking scale, of everything wrong re both DOD and the military services, and it's basically a non-issue for both the press and politicians of all persuasions.
technology  ir  us  government  cultural_history  inequality  21stc  hegemony  us_politics  us_foreign_policy  20thc  military  history  iraq  gwot  miitary-industrial  comple  fiscal  policy  accountability  congress  Pocket  from instapaper
january 2015 by dunnettreader
Leo Strine, Chief Justice of the Delaware Supreme Court - Delaware Benefit Corporations: Making It Easier for Directors To “Do The Right Thing” in Harvard Business Law Review — The Harvard Law School Forum on Corporate Governance and Financial Regul
Pdf of a recently published an article in the Harvard Business Law Review. -- Abstract - Some scholars(..) argue that managers should “do the right thing,” while ignoring that in the current corporate accountability structure, stockholders are the only constituency given any enforceable rights, and thus are the only one with substantial influence over managers. Few (..real proposals) that would give corporate managers more ability and greater incentives to consider the interests of other constituencies. This Article posits that benefit corporation (bencorps) statutes have the potential to change the accountability structure within which managers operate. Certain provisions (..) can create a meaningful shift in the balance of power that will in fact give corporate managers more ability to and impose upon them an enforceable duty to “do the right thing.” But (..) important questions must be answered to determine whether (bencorp) statutes will have the durable, systemic effect desired. (1) the initial wave of entrepreneurs who form (bencorps) must demonstrate a genuine commitment to (..CSR) to preserve the credibility of the movement. (2) (..) socially responsible investment funds must be willing to vote their long-term consciences instead of cashing in for short-term gains. To that end, it is crucial that (bencorps) show that doing things “the right way” will be profitable in the long run. (3) (bencorpos) must pass the “going public” test. Finally, subsidiaries that are governed as (bencorps) must honor their commitments and grow successfully, if the movement is to grow to scale. - downloaded pdf to Note
article  US_legal_system  corporate_law  corporate_governance  corporate_citizenship  corporate_ownership  corporate_control  principal-agent  management  CSR  institutional_investors  investment-socially_responsible  stakeholders  investment  accountability  benefit_corporations  public_interest  common_good  downloaded  EF-add 
november 2014 by dunnettreader
Mike Konczal, review essay - Selling Fast: Public Goods, Profits, and State Legitimacy | Boston Review - November 10, 2014
Nicholas R. Parrillo, Against the Profit Motive: The Salary Revolution in American Government, 1780–1940, Yale University Press, $55 (paper) -- Dana Goldstein, The Teacher Wars: A History of America’s Most Embattled Profession, Doubleday, $26.95 (cloth) -- Radley Balko, Rise of the Warrior Cop: The Militarization of America’s Police Forces, PublicAffairs, $17.99 (paper) -- Adam Smith was not the first, but he was certainly one of the most eloquent defenders of justice delivered according to the profit motive (..)since courts could charge fees for conducting a trial, each court would endeavor, “by superior dispatch and impartiality, to draw to itself as many causes as it could.” Competition meant a judge would try “to give, in his own court, the speediest and most effectual remedy which the law would admit, for every sort of injustice.” Left unsaid is what this system does to those who can’t afford to pay up. Our government is being remade in this mold—the mold of a business. The past thirty years have seen massive, outright privatization of government services. Meanwhile the logic of business, competition, and the profit motive has been introduced into what remains. But for those with a long enough historical memory, this is nothing new. Through the first half of our country’s history, public officials were paid according to the profit motive, and it was only through the failures of that system that a fragile accountability was put into place during the Progressive Era. One of the key sources of this accountability was the establishment of salaries for public officials who previously had been paid on commission.
books  reviews  kindle-available  US_government  US_society  governance  legitimacy  accountability  inequality  justice  privatization  US_history  18thC  19thC  20thC  21stC  competition  profit  Gilded_Age  Progressive_Era  civil_society  civil_liberties  US_constitution  Evernote  EF-add 
november 2014 by dunnettreader
Fiscal federalism network - OECD
The OECD Network on Fiscal Relations across Levels of Government provides analysis and statistical underpinnings on the relationship between central and subcentral government, and its impact on efficiency, equity and macroeconomic stability. -- Main page for reports, white papers, guides, articles, links to OECD databases
OECD  website  OECD_economies  taxes  tax_collection  fiscal_policy  state_government  cities  federalism  sovereign_debt  public_finance  statistics  databases  report  links  accountability  reform-economic  reform-finance  reform-legal  comparative_economics  centralization  central_government  center-periphery  local_government  decentralization 
november 2014 by dunnettreader
Jack A. Goldstone - More Social Movements or Fewer? Beyond Political Opportunity Structures to Relational Fields | JSTOR: Theory and Society, Vol. 33, No. 3/4, (Jun. - Aug., 2004), pp. 333-365
Theory and Society - Special Issue: Current Routes to the Study of Contentious Politics and Social Change -- If social movements are an attempt by "outsiders" to gain leverage within politics, then one might expect the global spread of democracy to reduce social movement activity. This article argues the reverse. Granted, many past social movements, such as women's rights and civil rights, were efforts to empower the disenfranchised. However, this is not typical. Rather, social movements and protest tactics are more often part of a portfolio of efforts by politically active leaders and groups to influence politics. Indeed, as representative governance spreads, with the conviction by all parties that governments should respond to popular choice, then social movements and protest will also spread, as a normal element of democratic politics. Social movements should therefore not be seen as simply a matter of repressed forces fighting states; instead they need to be situated in a dynamic relational field in which the ongoing actions and interests of state actors, allied and counter-movement groups, and the public at large all influence social movement emergence, activity, and outcomes. -- downloaded pdf to Note
article  jstor  social_theory  political_sociology  contention  social_movements  change-social  power  power-asymmetric  democracy  political_participation  government-forms  governing_class  elites  grassroots  representative_institutions  reform-political  reform-social  reform-economic  franchise  accountability  interest_groups  voice  civil_liberties  women-rights  bibliography  downloaded  EF-add 
october 2014 by dunnettreader
Derek Hirst - Making Contact: Petitions and the English Republic | JSTOR: Journal of British Studies, Vol. 45, No. 1 (January 2006), pp. 26-50
A broader study of petitioning is particularly warranted when the prevailing narratives—as of the years of the republic of 1649–609—concentrate on revolution, coercion, and exclusion and thus put a singular slant on the relations of rulers and ruled. (...) The sword certainly put the republic in place, but it neither wrote all its history nor dictated all its practices. In fact, familiar patterns and mechanisms of reciprocity counterpointed the disturbances of revolutionary change, held groups and individuals together, and constituted assets on which the republic could draw. (...) This article will take petitions and the responses they elicited as a measure of the openness, of the responsiveness, of the regime.... In its examination of petitioning—the process, problems of access, tactics, and language used—the article will work within certain narrow limits. Wartime exigencies had proliferated committees and commissions (accounts, army, excise, indemnity, navy, and plundered ministers...) to which countless parties petitioned, before which they pleaded, and from which they often appealed to higher authorities. This article confines itself for several reasons to solicitations of those higher authorities, (...) The descent of Leveller petitioners on parliament, whether in 1649–50, 1653–54, or 1659, certainly produced some revealing exchanges—on each side coercive intentions and language tended to run high—but what was revealed tends to reinforce the traditional picture of an embattled and exclusionary order. This article will accordingly look elsewhere, to more mundane business of governance. -- downloaded pdf to Note
article  jstor  17thC  British_history  British_politics  English_Civil_War  Interregnum  governance  government_officials  petitions  political_participation  political_culture  Cromwell  accountability  popular_politics  political_press  pamphlets  republicanism  political_nation  political_spectacle  downloaded  EF-add 
october 2014 by dunnettreader
David Shoemaker, Tulane University, review - Derk Pereboom, Free Will, Agency, and Meaning in Life // Notre Dame Philosophical Reviews // September 14, 2014
This is basically a new and improved version of Derk Pereboom's important Living Without Free Will (2001). In the thirteen-year interval, his skepticism about free will has been the subject of lots of critical scrutiny (with over 600 citations). Pereboom has taken this scrutiny seriously, and in this book he lays out a refined version of his view designed to beat his critics back and expand the view in several ways. Pereboom's version of skepticism is called hard incompatibilism, according to which the type of free will necessary for moral responsibility of the basic desert-entailing kind is incompatible with determinism, and we lack any good reason to believe that its indeterministic conditions obtain. Consequently, many of our responsibility responses... are unjustified, and so ought rationally to be altered. Nevertheless, ... there are other attitudes and practices compatible with his skeptical conclusions that may take their place, and substituting them will contribute to our living in a better world and finding meaning in life. -- Pereboom is advocating a massive rewriting of human sensibility based on theoretical arguments that are, as he allows, not decisive. Now when it comes to harsh treatment of others, he may be right that the strength of his metaphysical arguments "provide[s] a sound moral reason to treat wrongdoers as if the skeptical position were true". But a "better safe than sorry" argument like this feels less gripping when applied to the sorts of positive treatment -- often flowing from loving relationships -- that are also ruled out to the extent they presuppose basic desert. Indeed, now it looks as if the argument may have more power in the other direction: to the extent these relationships are exceedingly valuable, render us vulnerable to a wide range of attitudes, and would take significant work to revise, "better safe than sorry" may counsel revisiting and rewriting the skeptical theoretical arguments, or at least their practical implications. There may thus be an asymmetrical payoff to revisionary metaphysics like Pereboom's, giving us reason to revise our practices only in the negative cases.
books  reviews  metaphysics  moral_philosophy  moral_psychology  action-theory  free_will  accountability 
september 2014 by dunnettreader
Leaked document shows EU is going for a trade deal that will weaken financial regulation | Corporate Europe Observatory
According to a leaked document, the EU is bent on using the TTIP negotiations with the US to get an agreement on financial regulation that, according to this analysis by Kenneth Haar of Corporate Europe Observatory (CEO) and Myriam Vander Stichele of The Centre for Research on Multinational Corporations (SOMO) will weaken reform and control of the financial sector. If the EU has its way, a final agreement between the EU and the US to establish a free trade and investment agreement the Transatlantic Trade and Investment Partnership (TTIP) will weaken regulation and raise obstacles to much needed reform of the financial sector. That is the conclusion after the leak of an EU proposal for so-called “regulatory cooperation” on financial regulation.1 tabled by the EU in March 2014. Regulatory cooperation is a continuous process of ironing out disagreements and differences between the two Parties to ensure agreement on what constitutes legitimate regulation – which in this case, would serve the interests of the financial industry. In the document, the EU suggests a number of mechanisms that will both scale back existing regulation, and prevent future regulation that might contradict the interests of financial corporations from both sides of the Atlantic. The leak follows news that EU negotiators have increased political pressure on the US to accept negotiations on “financial regulatory cooperation", which the US negotiators have so far refused. -- lengthy analysis with tons of links to coverage of the issues in financial press -- downloaded pdf to Note
US_politics  US_economy  US_foreign_policy  Obama_administration  EU  EU_governance  Transatlantic_Trade_and_InvestmentPartnership  financial_system  financial_regulation  international_finance  banking  capital_markets  NBFI  leverage  too-big-to-fail  bailouts  derivatives  lobbying  regulation-harmonization  cross-border  trade-agreements  trade-policy  MNCs  transparency  accountability  civil_society  central_banks  downloaded  EF-add 
september 2014 by dunnettreader
Rostam J. Neuwirth - The Creative Industries as a New Paradigm for Business and Law: Of 'Smart Phones' and 'Smarter Regulation' :: SSRN June 13, 2014
University of Macau - Faculty of Law, E32 -- Fourth Biennial Global conference of the Society of International Economic Law (SIEL) Working Paper No. 2014/05. **--** From a macroeconomic perspective, the historical evolution of trade and commerce has been closely entangled in a two-way or paradoxical relationship with the evolution of laws, where one is inextricably linked to the other and both mutually influence each other. At the microeconomic level, the same can be said about the relationship between businesses or industries and their underlying technologies. Recent changes, and notably the accelerated pace by which we recognize change, has led to a widespread trend of “convergence”. Convergence has been recognised in different contexts, namely in languages, technologies, and industries as well as regulatory matters. The objective of this article is thus to first trace and describe convergence from a linguistic, technological and industrial perspective. Subsequently, in order to ponder the future regulatory challenges in the regulation of global trade under the aegis of the World Trade Organization (WTO), it will focus on the question of whether technological and industrial convergence should be met by a similar trend towards regulatory convergence through regulatory harmonisation. Put differently, it will critically evaluate the present situation of regulatory divergence in the form of regulatory diversity and regulatory competition with a view of contributing to the debate of improving global trade regulation in the 21st century. - Number of Pages: 21 -- didn't download
paper  SSRN  international_law  international_economics  law-and-economics  international_political_economy  global_governance  WTO  regulation  administrative_agencies  administrative_law  technocracy  accountability  public_policy  legal_culture  regulation-harmonization  technology  technology_transfer  economic_culture  creative_economy  political_participation  globalization  global_system  manufacturing  production  change-social  EF-add 
september 2014 by dunnettreader
Gregory Shaffer - How the WTO Shapes the Regulatory State :: SSRN August 14, 2014
University of California, Irvine - School of Law -- Fourth Biennial Global Conference of the Society of International Economic Law (SIEL) Working Paper No. 2014/29. *--* The World Trade Organization (WTO) arguably shapes regulatory governance in more countries to a greater extent than any other international organization. This chapter provides a new framework for assessing the broader regulatory implications of the WTO within nation states, as opposed to viewing the WTO as a form of global governance above the nation state. It first examines seven types of changes required for national law and legal practice, which affect how the state raises revenue, how the state spends it, and the principles the state applies to regulation. The chapter then assesses four broader dimensions of regulatory change catalyzed by WTO rules: (i) changes in the boundary between the market and the state (involving concomitantly market liberalization and growth of the administrative state); (ii) changes in the relative authority of institutions within the state (promoting bureaucratized and judicialized governance); (iii) changes in professional expertise engaging with state regulation (such as the role of lawyers); and (iv) changes in normative frames and accountability mechanisms for national regulation (which are trade liberal and transnational in scope). In practice, these four dimensions of change interact and build on each other. The chapter presents what we know to date and a framework for conducting further empirical study. - Number of Pages: 43 -- Keywords: WTO, World Trade Organization, Regulation, Regulatory governance, Market liberalization - downloaded pdf to Note
paper  SSRN  international_law  international_economics  law-and-economics  international_political_economy  global_governance  WTO  regulation  administrative_agencies  administrative_law  technocracy  accountability  public_policy  legal_culture  legal_theory  lawyers  political_participation  business-and-politics  norms-business  markets_in_everything  markets  neoliberalism  free_trade  democracy  downloaded  EF-add 
september 2014 by dunnettreader
"LEGITIMATION" by Mark C. Modak-Truran
Mark C. Modak-Truran, Mississippi College School of Law -- This article identifies 3 conceptions of legitimation - pre-modern, modern, and post-secular - -- Pre-modern conceptions of legitimation consider governments and rulers legitimate if they are ordained by God or if the political system is ordered in accordance with the normative cosmic order. Contemporary proponents of the pre-modern conception range from those in the US who maintain that the government has been legitimated by the “Judeo-Christian tradition” to those in predominantly Muslim countries like Iran that have constitutional theocracies. -- the prevailing modern conception of legitimation in constitutional democracies stems from the “consent of the governed,” which includes 2 principles of legitimation - democracy (or popular sovereignty) and constitutionalism (or the rule of law). The critical challenges to these principles include the internal challenges of identity politics and religious fundamentalism and the external challenge of globalization. The dramatic return of religion and the surprising rise of political theology are two prominent developments supporting a shift to a post-secular conception of legitimation and a new post-secular social imaginary. -- Mark C. Modak-Truran. "LEGITIMATION" Encyclopedia of Political Thought. Ed. Michael T. Gibbons, Diana Coole, & Kennan Ferguson. Wiley-Blackwell, 2014. -- downloaded pdf to Note
political_philosophy  legitimacy  authority  divine_right  divine_command  democracy  constitutionalism  consent  social_contract  rule_of_law  post-secular  modernity  secularization  secularism  constitutional_law  government-forms  accountability  downloaded  EF-add 
july 2014 by dunnettreader
Jeremy Waldron - Citizenship and Dignity (2012) :: SSRN
NYU School of Law, Public Law Research Paper No. 12-74 -- Theories of dignity have to navigate between two conceptions: the egalitarian idea of human dignity and the old idea of dignitas, connected with hierarchy, rank, and office. One possible way of bridging the gap between the two is to talk of the dignity of the citizen. In modern republics and democracies, the dignity of the citizen extends to a large sector of the population and connotes something about the general quality of the relation between the government and the governed. This chapter first explores Immanuel Kant’s account of the dignity of the citizen, and then it pursues the implications of the dignity of the citizen for modern society and modern theories of human dignity. Though the dignity of the citizen and human dignity are not the same concept, they are congruent in many respects and the former casts considerable light on the latter — in particular on the connection between dignity and responsibility and dignity and transparency in social and political relations. -- Number of Pages in PDF File: 25 -- Keywords: citizenship, contractarianism, dignity, human dignity, Kant, responsibilities, transparency -- downloaded pdf to Note
paper  SSRN  intellectual_history  18thC  Enlightenment  modernity  moral_philosophy  philosophy_of_law  social_theory  democracy  republicanism  republics-Ancient_v_Modern  citizenship  citizens  dignity  Kant  Kant-politics  Kant-ethics  egalitarian  rank  social_order  social_contract  responsibility  office  commonwealth  common_good  fiduciaries  accountability  governing_class  transparency  inequality  political_participation  political_nation  political_economy  political_culture  governmentality  power-asymmetric  downloaded  EF-add 
july 2014 by dunnettreader
Jeremy Waldron - Accountability: Fundamental to Democracy (2014, updated March 2015) :: SSRN
NYU School of Law, Public Law Research Paper No. 14-13 -- This paper defends a new and aggressive version of the agency model of accountability. It argues that officials and representatives in a democracy have an obligation to make available to citizens full information about what they have been doing. It is not permissible for them to sit back and see if the citizens can find out for themselves what they have been doing, any more than such a posture would be admissible in a commercial agent such as a realtor or an accountant. The paper also does several other things: (1) it develops a contrast between agent-accountability and forensic-accountability; (2) it distinguishes between political uses of "agency" and political uses of "trust" in political theory; (3) it develops a layered account of the principals in the democratic relation of agent-accountability, rejecting the reidentification of "the people"; (4) it develops an account of the relation between accountability and elections, emphasizing that elections play an important role in the fair settlement among principals as to how they should deal with their agents; (5) it shows that Burkeian representation is not incompatible with agent-accountability; and (6) it uses the notion of agent-accountability to illuminate the distinction between non-democratic and democratic republics. -- Number of Pages in PDF File: 32 -- Keywords: accountability, agency, Burke, democracy, elections, representation, republic, transparency, trust
paper  SSRN  political_philosophy  philosophy_of_law  legal_system  constitutionalism  democracy  accountability  transparency  agents  representative_institutions  common_good  national_interest  elections  fiduciaries  trust  trusts  government-forms  governing_class  government_officials  office  Burke  downloaded  EF-add 
july 2014 by dunnettreader
Jeremy Waldron - Constitutionalism: A Skeptical View (2012) :: SSRN
NYU School of Law, Public Law Research Paper No. 10-87 - May 1, 2012 -- This paper examines the ideology that goes by the name of "constitutionalism." The first part of the paper considers the significance of "written constitutions" The second part of the paper casts a skeptical eye at conceptions of constitutionalisim that emphasize "limited" government. Once "limited government" is contrasted carefully with "restrained government" (restraints upon specific actions by government) and with "controlled government" (e.g. insistence upon democratic control), we see that the association of constitutionalism with general limitations on the scope of government ought to make it a much more controversial ideal than the general anodyne acceptance of the term "constitutionalism" might lead us to expect. Finally, the anti-democratic implications of constitutionalism are explored. The paper argues that, by insisting on limited government, constitutionalism downplays the important role that constitutions have to perform in the modern world in establishing and securing specifically democratic authority. -- Keywords: authority, constitution, constitutionalism, constitutional law, democracy, judicial review, limited government, rights, written constitution
paper  SSRN  philosophy_of_law  legal_system  political_philosophy  moral_philosophy  constitutionalism  government-forms  democracy  judicial_review  constitutional_law  authority  legitimacy  political_participation  rights-legal  natural_rights  limited_government  accountability  constitutions  downloaded  EF-add 
july 2014 by dunnettreader
Josephine Sandler Nelson - "CORPORATE CONSPIRACY: HOW NOT CALLING A CONSPIRACY A CONSPIRACY IS WARPING THE LAW ON CORPORATE WRONGDOING" | Cornell Journal of Law and Public Policy 24.2 (2015) - bepress
The intracorporate conspiracy doctrine immunizes an enterprise and its agents from conspiracy prosecution based on the legal fiction that an enterprise and its agents are a single actor incapable of the meeting of two minds to form a conspiracy. The doctrine, however, misplaces incentives in contravention of agency law, criminal law, tort law, and public policy. As a result, harmful behavior is ordered and performed without consequences, and the victims of the behavior suffer without appropriate remedy. Especially in the wake of the financial crisis, prosecutors and the public are searching for new tools. The most obvious and tested tool would be to roll back the intracorporate conspiracy doctrine. In the absence of this solution, frustration with applying the doctrine has led to over-reliance on alternative methods of holding agents of enterprises responsible for their actions -- piercing the corporate veil, responsible corporate officer doctrine, and unusual approaches such as denying “retroactive” imposition of the corporate veil and adopting “reverse” piercings of the corporate veil. But these doctrines were fundamentally developed in and adapted to other circumstances. They do not take into account the coordination of actions within an enterprise and the unique nature of conspiracy that fall—and should fall—into the heart of behavior that would trigger liability if not for the intracorporate conspiracy doctrine. Using alternative doctrines to impose liability on behavior that would otherwise be recognized as intracorporate conspiracy results in inconsistent decisions and disproportionate awards. -- downloaded pdf to Note
article  legal_theory  corporations  corporate_law  liability  accountability  crime  criminal_justice  financial_regulation  torts  downloaded  EF-add 
july 2014 by dunnettreader
Chris Dillow - Stumbling and Mumbling: Markets as ideology - May 2014
Report on a dictator game - They found that when the dictator chose competition, the weaker parties were significantly less likely to punish him even if the wealth he transferred was the same as when the dictator chose a unilateral transfer: "A powerful trading party, who could simply dictate the terms of trade, can deflect the blame for unequal outcomes by letting the market decide, i.e., by delegating the determination of the terms of trade to a competitive procedure." All this is consistent with Marx. Market competition can reconcile people to inequalities which they would otherwise reject. There's more. In competition, the weaker parties were more likely to punish each other. In this sense, the dictator's choice to use markets acts (unintentionally) as a "divide and rule" strategy. There is, I fear, a direct analogy here with unskilled white workers blaming immigrants rather than capitalists for their unemployment. These results are also consistent with a McCloskeyan reading - that markets help promote peace and social stability, because they reduce people's inclination to spend resources predating upon others'. In one sense, the McCloskeyan and Marxian interpretations are similar - both predict that markets reduce discontent.
economic_culture  economic_sociology  Marx  capitalism  markets_in_everything  social_psychology  fairness  inequality  accountability  McCloskey  laisser-faire  cognitive_bias  EF-add 
june 2014 by dunnettreader
Determining Materiality | Sustainability Accounting Standards Board
SASB’s Materiality Map™ creates a unique materiality profile for different industries. In order to comply with the SEC’s view of materiality, our approach is designed to provide a view into the information needs of the reasonable investor. The Map relies heavily on evidence of investor interest and evidence of financial impact, and it allows for adjustments based on financial impact and long-term sustainability principles. The quantitative model is designed to prioritize the issues that are most important within an industry, to keep the standards to a minimum set of issues that are likely to be material. Sustainability accounting standards are then developed based on both the quantitative results from the Map and a qualitative research process informed by SASB’s research team. The Map looks at 40+ sustainability issues and analyzes their importance in the context of the 80+ industries in SICS. -- Issues are classified under five categories: Environmental Capital, Social Capital, Human Capital, Business Model & Innovation, and Leadership & Governance. Traditionally, sustainability issues are classified under the common ESG structure; however, SASB uses a finer grained analysis in order to surface potential impacts on the company’s ability to create long-term value.
financial_regulation  accountability  accounting  corporate_governance  corporate_finance  corporate_citizenship  CSR  risk  sustainability  climate  investment  capital_markets  industry 
may 2014 by dunnettreader
Vision and Mission | Sustainability Accounting Standards Board
Facts About SASB *--* The Sustainability Accounting Standards Board is an independent 501(c)3 non-profit. *--* Through 2016 SASB is developing sustainability accounting standards for more than 80 industries in 10 sectors. *--* SASB standards are designed for the disclosure of material sustainability issues in mandatory SEC filings, such as the Form 10-K and 20-F. -**- SASB is accredited to establish sustainability accounting standards by the American National Standards Institute (ANSI). Accreditation by ANSI signifies that SASB’s procedures to develop standards meet ANSI’s requirements for openness, balance, consensus, and due process. *--* SASB is not affiliated with FASB, GASB, IASB or any other accounting standards boards. --- For more information about the principles, processes and definitions relevant to SASB’s standards setting process, please read our Conceptual Framework. (Pdf downloaded to Note)
financial_regulation  accountability  accounting  corporate_governance  corporate_finance  corporate_citizenship  CSR  risk  sustainability  climate  investment  capital_markets  industry  downloaded  EF-add 
may 2014 by dunnettreader
An Insider’s Guide to The SASB Experience | Sustainability Accounting Standards Board - May 2014
After a year of research, stakeholder engagement, feedback and refinement, SASB celebrated the reveal of its latest research results with evocative discourse about the Services Industry and its role in non-financial reporting. With over 190 participants representing 120 companies, the May Delta Series, which is the research process capstone, brought together its Industry Working Group participants as well as other integral stakeholders, to discuss the outcomes of their sector-specific research. -- panelists discussed experience getting buy in from different parts of organization and Board -- how using the quarterly 10-K form provided a familiar focus for measurement and reporting -- links to CSR and risk management, not just profitability measures, were especially important for directors
financial_regulation  accountability  accounting  corporate_governance  corporate_finance  corporate_citizenship  CSR  risk  sustainability  climate  investment  capital_markets  industry 
may 2014 by dunnettreader
Charles Tilly - The Blame Game | JSTOR: The American Sociologist, Vol. 41, No. 4 (December 2010), pp. 382-389
We constantly assess and attribute blame in daily life and more momentously, in public politics. Blame is based on a simple cause-and-effect logic that reasons backwards from outcomes and their consequences to agents and their responsibility. Public debates over the September 11, 2001 terrorist attacks in New York and Washington and over the Iraq war illustrate the processes of assigning and deflecting blame, and the varied logics actors appeal to in these processes. -- didn't download
article  jstor  social_theory  political_culture  accountability  causation-social  conflict  Tilly  EF-add 
may 2014 by dunnettreader
Philip H. Jos - Moral Autonomy & the Modern Organization | JSTOR: Polity, Vol. 21, No. 2 (Winter, 1988), pp. 321-343
Modern organizations are thought by many to exacerbate the problem of individual ethical integrity by discouraging nonconfirmity and independent judgement. Yet, studies of the effect of organizational structure on individual personality and behaviour have commonly been vague as to the precise nature of the capacities for independent ethical judgement that are endangered and about the structural and situational characteristics of organizations that threaten these capacities. This article seeks to clarify these ambiguities. Borrowing from Aristotle and more recent writers, the author develops a conception of moral autonomy that encompasses concerns about bureaucratic domination and the creation of "organization man." He then addresses the threats posed by organization: the Weberian and Decision Process models. - a lot of Kant - downloaded pdf to Note
article  jstor  moral_philosophy  moral_psychology  organizations  social_psychology  accountability  Aristotle  virtue_ethics  Kant-ethics  autonomy  bureaucracy  Weber  downloaded  EF-add 
may 2014 by dunnettreader
JONATHAN WHITE and LEA YPI - On Partisan Political Justification | JSTOR: The American Political Science Review, Vol. 105, No. 2 (May 2011), pp. 381-396
Paywall -- see bibliography on jstor information page -- Political justification figures prominently in contemporary political theory, notably in models of deliberative democracy. This article articulates and defends the essential role of partisanship in this process. Four dimensions of justification are examined in detail: the constituency to which political justifications are offered, the circumstances in which they are developed, the ways in which they are made inclusive, and the ways in which they are made persuasive. In each case, the role of partisanship is probed and affirmed. Partisanship, we conclude, is indispensable to the kind of political justification needed to make the exercise of collective authority responsive to normative concerns.
article  jstor  political_philosophy  political_science  democracy  deliberation-public  parties  partisanship  accountability  bibliography  EF-add 
february 2014 by dunnettreader
Symposium: Dewey's Pragmitism, Social Inquiry, and Democracy | JSTOR: American Journal of Political Science, Vol. 43, No. 2, Apr., 1999
(1) Dewey's Pragmatism, Social Inquiry, and Democracy: Introduction to the Symposium(pp. 518-519) James Johnson. *--* (2) John Dewey and American Political Science(pp. 520-541) James Farr. *--* (3) Experience as Experiment: Some Consequences of Pragmatism for Democratic Theory(pp. 542-565) Eric A. MacGilvray. *-'* (4) Inquiry into Democracy: What Might a Pragmatist Make of Rational Choice Theories?(pp. 566-589) Jack Knight and James Johnson. *--* (5) Democracy as Inquiry, Inquiry as Democratic: Pragmatism, Social Science, and the Cognitive Division of Labor(pp. 590-607) James Bohman. *--* (6) "How Shall We Read What We Call Reality?": John Dewey's New Science of Democracy(pp. 608-628) Debra Morris. *--* (7) Pragmatic Inquiry and Democratic Politics(pp. 629-647)
Marion Smiley
article  jstor  intellectual_history  political_philosophy  political_science  social_theory  democracy  accountability  pragmatism  Dewey  political_participation  rational_choice  conflict  EF-add 
february 2014 by dunnettreader
Ulf Henning Richter - Liberal Thought in Reasoning on CSR | JSTOR: Journal of Business Ethics, Vol. 97, No. 4 (December 2010), pp. 625-649
In this article, I argue that conventional reasoning on corporate social responsibility (CSR) is based on the assumption of a liberal market economy in the context of a nation state. I build on the study of Scherer and Palazzo (Acad Manage Rev 32(4):1096-1120, 2007), developing a number of criteria to identify elements of liberal philosophy in the ongoing CSR debate. I discuss their occurrence in the CSR literature in detail and reflect on the implications, taking into account the emerging political reading of the firm. I conclude that the apolitical framework in the mainstream CSR literature has to be overcome since it does not reflect recent changes in the socio-economic conditions for economic actors in a globalizing world. -- over 200 references -- didn't download
article  jstor  international_political_economy  globalization  global_system  corporations  corporate_governance  CSR  nation-state  corporate_citizenship  firms-theory  regulation  accountability  business-and-politics  externalities  capitalism  political_economy  economic_sociology  management  bibliography  EF-add 
february 2014 by dunnettreader
The Innocence of Becoming by Brian Leiter :: SSRN - Oct 2013
I offer an interpretation of Nietzsche’s striking idea of “the innocence of becoming” (die Unschuld des Werdens), and offer a partial defense of its import, namely, that no one is ever morally responsible or guilty for what they do and that the so-called “reactive attitudes” are always misplaced. I focus primarily, though not exclusively, on the arguments as set out in Twilight of the Idols. First, there is Nietzsche’s hypothesis, partly psychological and partly historical or anthropological, that the ideas of “free” action or free will, and of responsibility for actions freely chosen or willed, were introduced primarily in order to justify punishment (“[m]en were considered ‘free’ so that they might be judged and punished”). Call this the Genetic Thesis about Free Will. Second, there is Nietzsche’s claim that the moral psychology, or “psychology of the will” as he calls it, that underlies this picture is, in fact, false — that, in fact, it is not true that every action is willed or that it reflects a purpose or that it originates in consciousness. Call these, in aggregate, the Descriptive Thesis about the Will. (Here I draw on earlier work.) Finally, there is articulation of a programmatic agenda, namely, to restore the “innocence of becoming” by getting rid of guilt and punishment based on guilt — not primarily because ascriptions of guilt and responsibility are false (though they are), but because a world understood as “innocent,” one understood in terms of “natural” cause and effect, is a better world in which to live. I thus try to explain and defend Zarathustra’s recommendation: “Enemy’ you shall say, but not villain; sick you shall say, but not scoundrel; fool you shall say, but not sinner.” Nietzsche’s views are contrasted with those of important modern writers on these topics, including P.F. Strawson and Gary Watson. -- downloaded pdf to Note
article  SSRN  Nietzsche  morality-Nietzche  morality-Christian  accountability  moral_psychology  free_will  downloaded  EF-add 
january 2014 by dunnettreader
Jonathan G. W. Conlin - High Art and Low Politics: A New Perspective on John Wilkes | JSTOR: Huntington Library Quarterly, Vol. 64, No. 3/4 (2001), pp. 356-381
Fascinating for mid to late 18thC issues for both Continental Enlightenment and British thinkers and artists re scope of public sphere and state responsibility for promotion of the arts, its benefits for polite culture including middle classes with polite aspirations -- Wilkes connections with philosophes including Holbach and Diderot -- and how Wilkes wove his political reforms and promotion of arts and industry together. Useful discussion of range of historian takes on Wilkes, who he mobilized, relation with older republican opposition and later dissenters and radical opposition. Hume opposition to Wilkes' anti monarchy and anti aristocracy republicanism leads to different assessment of progress in civilizing arts and role of doux commerce. Each historian seems to put Wilkes in their own narrative resulting in dramatically different assessments of both Wilkes himself and his impact. -- useful references -- Downloaded pdf to Note
article  jstor  political_history  cultural_history  art_history  18thC  French_Enlightenment  British_history  British_politics  George_III  Wilkes  Hume  Diderot  d'Holbach  republics-Ancient_v_Modern  republicanism  opposition  public_sphere  public_opinion  governing_class  political_nation  political_culture  accountability  Parliament  franchise  Septennial_Act  nationalism  national_ID  xenophobia  anti-monarchy  anti-aristocracy  middle_class  merchants  state-roles  Grand_Tour  patriotism  Prussia  Frederick_the_Great  Catherine_the_Great  Walpole  Walpole_Horace  museums  academies  bibliography  enlightened_absolutism  downloaded  EF-add 
january 2014 by dunnettreader
John P. McCormick - Machiavelli's Political Trials and "The Free Way of Life" | JSTOR: Political Theory, Vol. 35, No. 4 (Aug., 2007), pp. 385-411
This essay examines the political trials through which, according to Machiavelli's "Discourses", republics should punish magistrates and prominent citizens who threaten or violate popular liberty. Unlike modern constitutions, which assign indictments and appeals to small numbers of government officials, Machiavelli's neo-Roman model encourages individual citizens to accuse corrupt or usurping elites and promotes the entire citizenry as political jury and court of appeal. Machiavellian political justice requires, on the one hand, equitable, legal procedures that serve all citizens by punishing guilty parties and discouraging retaliatory reprisals, including foreign intervention. On the other hand, frankly acknowledging the power disparities that exist in every republic, Machiavelli outlines how political trials enable pro-plebeian magistrates and populist reformers to thwart patrician-generated smear campaigns and oligarchic conspiracies. -- downloaded pdf to Note
article  jstor  intellectual_history  political_philosophy  16thC  21stC  Machiavelli  republicanism  neo-Roman  oligarchy  impeachment  corruption  accountability  rule_of_law  tribune  populism  class_conflict  political_participation  downloaded  EF-add 
january 2014 by dunnettreader
John P. McCormick - Machiavelli against Republicanism: On the Cambridge School's "Guicciardinian Moments" | JSTOR: Political Theory, Vol. 31, No. 5 (Oct., 2003), pp. 615-643
Scholars loosely affiliated with the "Cambridge School" (e.g., Pocock, Skinner, Viroli, and Pettit) accentuate rule of law, common good, class equilibrium, and non-domination in Machiavelli's political thought and republicanism generally but underestimate the Florentine's preference for class conflict and ignore his insistence on elite accountability. The author argues that they obscure the extent to which Machiavelli is an anti-elitist critic of the republican tradition, which they fail to disclose was predominantly oligarchic. The prescriptive lessons these scholars draw from republicanism for contemporary politics reinforce rather than reform the "senatorial," electorally based, and socioeconomically agnostic republican model (devised by Machiavelli's aristocratic interlocutor, Guicciardini, and refined by Montesquieu and Madison) that permits common citizens to acclaim but not determine government policies. Cambridge School textual interpretations and practical proposals have little connection with Machiavelli's "tribunate," class-specific model of popular government elaborated in The Discourses, one that relies on extra-electoral accountability techniques and embraces deliberative popular assemblies.
article  jstor  intellectual_history  political_philosophy  historiography  16thC  21stC  Machiavelli  republicanism  civic_humanism  civic_virtue  oligarchy  elites  populism  public_opinion  popular_politics  political_participation  neo-Roman  class_conflict  accountability  tribune  Guiccidarini  Cambridge_School  rule_of_law  common_good  non-domination  liberty  downloaded  EF-add 
january 2014 by dunnettreader

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