Books: 'Creative compliance'

1

Null, Roberta L. Universal design: Creative solutions for ADA compliance. Belmont, Calif: Professional Publications, 1996.

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Integrated compliance and total risk management: Creating a bankwide compliance program that works. Chicago: Probus Pub. Co., 1994.

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3

Impediments to job creation in Michigan: Hearing before the Subcommittee on Government Operations of the Committee on Oversight and Government Reform, House of Representatives, One Hundred Thirteenth Congress, second session, May 6, 2014. Washington: U.S. Government Printing Office, 2014.

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4

Environmental regulations, the economy, and jobs: Hearing before the Subcommittee on Environment and Economy of the Committee on Energy and Commerce, House of Representatives, One Hundred Twelfth Congress, first session, February 15, 2011. Washington: U.S. G.P.O., 2011.

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5

1958-, Bartow Joel T., ed. Executive roadmap to fraud prevention and internal control: Creating a culture of compliance. Hoboken, N.J: Wiley, 2006.

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6

1958-, Bartow Joel T., ed. Executive roadmap to fraud prevention and internal control: Creating a culture of compliance. 2nd ed. Hoboken, N.J: Wiley, 2012.

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7

1942-, DuVall John Barry, ed. Improving profitability through green manufacturing: Creating a profitable and environmentally compliant manufacturing facility. Hoboken, N.J: Wiley, 2013.

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8

United States. Congress. House. Committee on Commerce. Job Creation and Wage Enhancement Act of 1995: Report together with additional, minority, and additional dissenting views (to accompany H.R. 9) (including cost estimate of the Congressional Budget Office). [Washington, D.C.?: U.S. G.P.O., 1995.

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9

Formal rulemaking and judicial review: Protecting jobs and the economy with greater regulatory transparency and accountability : hearing before the Subcommittee on Courts, Commercial and Administrative Law of the Committee on the Judiciary, House of Representatives, One Hundred Twelfth Congress, first session, May 31, 2011. Washington: U.S. G.P.O., 2011.

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10

Is uncertainty contributing to the jobs crisis?: The views of local Illinois small businesses : hearing before the Subcommittee on Economic Growth, Tax, and Capital Access of the Committee on Small Business, United States House of Representatives, One Hundred Twelfth Congress, first session, hearing held December 12, 2011. Washington: U.S. G.P.O., 2012.

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11

United States. Congress. Senate. Committee on Health, Education, Labor, and Pensions. Putting safety first: Strengthening enforcement and creating a culture of compliance at mines and other dangerous workplaces : hearing of the Committee on Health, Education, Labor, and Pensions, United States Senate, One Hundred Eleventh Congress,second session, on examining putting safety first, focusing on strengthening enforcement and creating a culture of compliance at mines and other dangerous workplaces, April 27, 2010. Washington: U.S. G.P.O., 2011.

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12

New Jersey. Legislature. Senate. Legislative Oversight Committee. Public hearing before Senate Legislative Oversight Committee: Review issues related to the Federal Clean Air Mandate Compliance Act that create a new motor vehicle emissions inspection and maintenance program. Trenton, N.J. (State House Annex, PO Box 068, Trenton 08625): The Committee, 1998.

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13

Eliminating job-sapping federal rules through retrospective reviews--oversight of the president's efforts: Hearing before the Committee on Small Business, United States House of Representatives, One Hundred Twelfth Congress, first session, hearing held September 21, 2011. Washington: U.S. G.P.O., 2011.

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14

Lifting the weight of regulations: Growing jobs by reducing regulatory burdens : hearing before the Committee on Small Business, United States House of Representatives, One Hundred Twelfth Congress, first session, hearing held June 15, 2011. Washington: U.S. G.P.O., 2011.

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15

Cracking the Code of Education Reform: Creative Compliance and Ethical Leadership. Corwin Press, 2019.

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16

E, Moyers Robert, McNamara James A, Trotman Carroll-Ann, and University of Michigan. Center for Human Growth and Development., eds. Creating the compliant patient. Ann Arbor, Mich: Center for Human Growth and Development, University of Michigan, 1996.

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17

Roger, Mccormick, and Stears Chris. Part IX Legal and Conduct Risk Management, 29 The Essentials of Legal and Conduct Risk Management. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198749271.003.0030.

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This chapter first discusses the general approach of regulators to risk management. Regulators often claim that they take a risk-based approach to the regulation of banks and other financial institutions. What matters to the regulator is compliance with the substance of its enunciated principles, not merely with their form. ‘Creative compliance’ and trying to find ‘ways round’ a clearly stated regulatory principle are not options. However, legal and conduct risk can be affected simply by a change of attitude on the part of the regulator without there being any change in rules or regulations. The remainder of the chapter covers risk management principles, the scope of the risk management function, examples of risk scenarios, identification of risks, assessment of risks, monitoring, and control and mitigation.

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18

Creating Compliance: A Toolbox of Coping Skills Handouts & Activities to Foster Treatment Compliance. Trafford Publishing, 2006.

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19

Fox, Thomas. Doing Compliance: Design, create, and implement an effective anti-corruption compliance program. 2014.

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20

McNamara. Creating the Compliant Patient (Craniofacial Growth Series,). Center For Human Growth Deve, 1997.

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21

Jansson, Jenny. Creating Tax-Compliant Citizens in Sweden. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198796817.003.0003.

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In the twentieth century, Sweden developed into a high-tax-rate country with extraordinary tax compliance—a unique combination. The Social Democratic Party played a crucial role in this transformation and this chapter explores how the Social Democrats created and maintained the social contract in the postwar period. It is suggested that a precondition for tax compliance is the perception of being treated fairly by the state and fairness can take two forms: fairness in the tax collection procedure, and fairness in the redistribution of collected taxes. This chapter shows how the Social Democrats nurtured the perception of fairness both through the creation of a comprehensive welfare state and through gradually improving and simplifying the tax collection procedure.

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22

M, Markham Adrienne, and Massachusetts Continuing Legal Education, Inc. (1982- ), eds. Creating and implementing corporate compliance programs: Preventing corporate wrongdoing and minimizing damages. Boston, MA: MCLE, 1999.

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23

McFarlane, Ben, Nicholas Hopkins, and Sarah Nield. 7. Formal methods of acquisition:. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198722847.003.0007.

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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter describes the formality requirements that must be complied with for the creation or transfer of legal estates and interests in land. The three stages of creating and transferring legal rights are contract, creation or transfer, and registration. The Law of Property (Miscellaneous Provisions) Act 1989 had increased the formality requirements for contracts and made more severe the consequences of non-compliance. Under s 2 of the 1989 Act, a contract may take the form of a single document signed by both parties or an exchange of documents, each of which has been signed by one of the parties. Non-compliance results in a document being void as a contract for sale of land, but a valid contract may be obtained through use of collateral contracts or rectification. The Law Commission had envisaged the use of estoppel in appropriate cases in which formality requirements for a contract for sale were not complied with. The fundamental objective of the Land Registration Act 2002 is directly associated to the introduction of e-conveyancing. The goal of attaining e-conveyancing has not been deserted, but its introduction appears almost as far away now as it did when the LRA 2002 passed into law.

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24

Biegelman, Martin T., and Joel T. Bartow. Executive Roadmap to Fraud Prevention and Internal Control: Creating a Culture of Compliance. Wiley & Sons, Incorporated, John, 2012.

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25

Biegelman, Martin T., and Joel T. Bartow. Executive Roadmap to Fraud Prevention and Internal Control: Creating a Culture of Compliance. Wiley & Sons, Incorporated, John, 2007.

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26

Biegelman, Martin T., and Joel T. Bartow. Executive Roadmap to Fraud Prevention and Internal Control: Creating a Culture of Compliance. Wiley & Sons, Incorporated, John, 2012.

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27

Biegelman, Martin T., and Joel T. Bartow. Executive Roadmap to Fraud Prevention and Internal Control: Creating a Culture of Compliance. Wiley & Sons, Incorporated, John, 2012.

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28

Biegelman, Martin T., and Joel T. Bartow. Executive Roadmap to Fraud Prevention and Internal Control: Creating a Culture of Compliance. Wiley & Sons, Incorporated, John, 2012.

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29

Shadlen, Kenneth C. Patent Policy in the Shadows of Over-Compliance. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199593903.003.0008.

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Brazil altered course in the second period of patent politics, as successive governments introduced revisions to the new patent system to address the consequences of over-compliance in the 1990s. This chapter examines the complementary steps taken to revise how the patent regime functions, including reforms to the compulsory licensing provisions and a new system for examining pharmaceutical patent applications, along with innovation–industrial policy measures to help local firms acquire new production capabilities and adjust to the new status quo of pharmaceutical patents. The chapter examines the political economy of both dimensions of Brazil’s “neo-developmental” response. The analysis shows how these two dimensions of policy have created distinct and rival sets of interests regarding the role of pharmaceutical patents in development, and how these conflicting interests create challenges for a government intent on balancing the dual objectives.

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30

Winterman, Kathleen G. The IEP checklist: Your guide to creating meaningful and compliant IEPs. 2014.

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31

(Foreword), Chris Houchens, ed. A Marketer's Guide to HIPAA: Resources for Creating Effective and Compliant Marketing. HCPro, Inc., 2006.

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32

Mutum, Dilip S., Ezlika M. Ghazali, Mamunur Rashid, and Jashim U. Ahmed. Management of Shari’ah Compliant Businesses: Case Studies on Creation of Sustainable Value. Springer, 2019.

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33

Hillis, David R., and J. Barry DuVall. Improving Profitability Through Green Manufacturing: Creating a Profitable and Environmentally Compliant Manufacturing Facility. Wiley & Sons, Incorporated, John, 2012.

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34

Hillis, David R., and J. Barry DuVall. Improving Profitability Through Green Manufacturing: Creating a Profitable and Environmentally Compliant Manufacturing Facility. Wiley & Sons, Incorporated, John, 2012.

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35

Hillis, David R., and J. Barry DuVall. Improving Profitability Through Green Manufacturing: Creating a Profitable and Environmentally Compliant Manufacturing Facility. Wiley & Sons, Incorporated, John, 2012.

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36

Park, Ian. The Right to Life Obligations of States and How to Ensure Compliance. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198821380.003.0008.

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This final chapter provides an overall conclusion to the book. In doing so it reviews each chapter and offers a précis of the findings in each. It also offers a series of suggestions as to how states can best comply with their right to life obligations during armed conflict. Ultimately, it is submitted that where armed forces are subject to right to life obligations during armed conflict, this does not unduly constrain their ability to achieve mandated military objectives. It is submitted that a state’s substantive right to life obligations can be interpreted in line with international humanitarian law. The same cannot be said of a state’s procedural right to life obligations, yet this need not create onerous obligations for armed forces during armed conflict.

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37

Cowhey, Peter F., and Jonathan D. Aronson. Creating an International Governance Regime for the Digital Economy. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780190657932.003.0009.

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The concluding chapter lays out a strategy for creating an international governance regime for the digital economy. It identifies a core “club” of nations that could champion new digital trade agreements linked to stronger international agreements to advance a trusted digital environment—the Digital Economy Agreement. This agreement would revamp trade policy to adjust to the impact of the information and production disruption by improving rules for digital market integration and would create a foundation that simplifies and strengthens the ability to forge significant pacts advancing the goals of improving privacy and cybersecurity while safeguarding against protectionist trade risks. The design of these agreements emphasizes binding “soft rules” that allow significant variations in national policy trade-offs while establishing a minimum common baseline of policy through the soft rules. Expert multistakeholder organizations drawn from civil society loom large in the design for implementation of the soft rules through such avenues as mutual recognition schemes for certifying compliance with privacy and security objectives. If trade agreements prove unworkable as a starting point, such agreements could be anchored to other types of binding policy agreements. However, trade is the first best option for consideration before there is any decision to resort to second-best strategies.

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38

Authors, Multiple. Recent Developments in Securities Law, 2011 ed.: Leading Lawyers on Navigating Increased Enforcement, Handling Disclosure Issues, and Creating Compliance Strategies. West, Aspatore Books, 2011.

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39

Oliveras, Wendy. Executive Reports: The Use of Business Ethics to Create Corporate Compliance - Strategies to Combat Unethical Corporate Behavior (Executive Reports). Aspatore Books, 2006.

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40

author, Wakefield Lara, ed. S.M.A.R.T.E.R. steps" guide to creating smarter IEP goals: 7 step prompting system for developing compliant goals. CreateSpace Independent Publishing Platform, 2016.

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41

Schill, Stephan W. Authority, Legitimacy, and Fragmentation in the (Envisaged) Dispute Settlement Disciplines in Mega-Regionals. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198808893.003.0005.

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This chapter analyses the inter-state and investor-state dispute settlement disciplines included in mega-regionals, focusing on the Comprehensive Economic and Trade Agreement and the Trans-Pacific Partnership. It argues that dispute settlement assumes a pivotal role in trade and investment negotiations, raising fundamental questions about authority and legitimacy and concerns of fragmentation. While preferences of states participating in mega-regionals coincide in agreeing on inter-state arbitration as a compliance mechanism that minimises the authority of dispute resolvers and negative effects of fragmentation in relation to the World Trade Organization, starker differences arise on investor-state dispute settlement. Whereas the EU pushes for the creation of permanent judicial bodies, other states seemingly prefer a reformed version of investor-state arbitration. The underlying clash of ideologies shapes what may become a constitutional moment for international economic law as the debates about the reform of investment dispute settlement progress.

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42

Tyagi, Yogesh. Influence of the ICCPR in Asia. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825890.003.0009.

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The golden jubilee of the International Covenant on Civil and Political Rights (ICCPR) coincides with the emergence of Asia as a centre of global attention. However, greater attention to Asia has been accompanied by some scepticism over its attitude towards human rights. The chapter provides an overall assessment of the impact of the ICCPR on the major Asian States, with an analysis of the factors affecting such influence. The chapter considers the involvement in, observance of, and compliance with the provisions of the ICCPR by these States. It further delves into the academic and judicial discourse on the ICCPR within these States, recording the domestic disposition towards judgments of foreign courts, the output of the Human Rights Committee, and the work of other international human rights bodies. It makes suggestions for developing mechanisms to improve the effectiveness of the ICCPR and for creating databases to perform further research in the area.

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43

Walter Khobe, Ochieng. Part III The Relationship Between the Judiciary and the Political Branches, 12 Judicial–Executive Relations in Kenya Post-2010: The Emergence of Judicial Supremacy? Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198759799.003.0013.

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This chapter examines the relationship between the judicial and the executive branch in Kenya. Kenya has long seen a deferent, politically controlled judiciary. The 2010 constitution, however, takes a number of steps to safeguard judicial independence, in line with the general concern to limit executive power. The 2010 reforms include the creation of a Judicial Services Commission that aims to end the previous presidential control of appointments and the insulation of judicial funding from executive control. Several aspects of the new appointment procedures have already been defended in decisions of the High Court. The chapter considers recent cases which demonstrate how ‘the Courts have reformed to the extent of boldly questioning executive decisions’. These cases also show executive compliance, although it has sometimes been slow to comply with decisions that go against it and several prominent political leaders, including the president, have criticized the courts for ‘activism’.

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44

Hagerman, Nancy, and Eric Wittkugel. Preoperative Fasting in the Pediatric Patient. Edited by Erin S. Williams, Olutoyin A. Olutoye, Catherine P. Seipel, and Titilopemi A. O. Aina. Oxford University Press, 2018. http://dx.doi.org/10.1093/med/9780190678333.003.0006.

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Preoperative fasting guidelines are designed to reduce the volume of gastric contents and to minimize the risk of pulmonary aspiration of gastric contents. Perioperative pulmonary aspiration in children is uncommon, with an incidence of between 1 and 10 per 10,000 anesthetics. It is associated with low morbidity and mortality. While fasting is important, it does not guarantee an empty stomach. Prolonged fasting in infants and children does not further reduce gastric volumes or increase safety but can be associated with unwanted effects such as irritability, parental dissatisfaction, hypoglycemia, dehydration, hypotension on the induction of anesthesia, difficult venous access, and possibly decreased compliance with the preoperative fast. Since pulmonary aspiration is a rare occurrence, few evidence-based recommendations for ideal fasting intervals exist. An understanding of the research involved in the creation of these guidelines is useful in ensuring the maximum safety of patients while minimizing the disadvantages of prolonged fasting.

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45

Beer, Yishai. Defensive Deterrence. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190881146.003.0005.

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This chapter deals with the lack of coherency between strategic reality—which uses deterrence as an essential strategic tool—and the prevailing law. Deterrence is a tool for enforcing compliance with the law; it promotes the containment of potential conflicts. It is pivotal in strategic thinking and, in many cases, an essential component of the national-defense strategy of law-abiding states. But although deterrence is central to the management of global security, in current international law deterrence considerations are perceived with suspicion and mistrust. It is perceived as an unlawful punitive measure. The lack of consensus on lawful deterrence, however, might create a vacuum that invites aggressors and transgressors. This chapter offers normative suggestions for introducing defensive deterrence and overcoming the practical problem of putting it into practice within the current contours of the law, by using the military professionalism criterion.

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46

Troisi, Alfonso. Touch. Oxford University Press, 2017. http://dx.doi.org/10.1093/med/9780199393404.003.0008.

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This chapter briefly reviews recent empirical research on touch, including the role of touch in early development, emotions that can be conveyed by touch, the importance of touch for interpersonal relationships, and how friendly touch affects compliance in different situations. Physiological and biochemical effects of touch are also reviewed, including decreased heart rate, blood pressure and cortisol, and increased oxytocin. The beneficial effects of touch, including massage therapy, for socioemotional and physical well-being are explained in light of the importance of mother–infant contact in all primate species. To develop normally, primate infants and human babies need much physical contact with their mothers; touch deprivation is one of the most pathogenic condition for a young primate. The second part of the chapter analyzes how cultural evolution has elaborated the natural predisposition toward affiliative touch, creating complex rituals and specific taboos. Finally, the chapter briefly discusses “displacement activities” that consist mostly of movements focused on one’s own body, such as self-touching, scratching, and self-grooming.

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47

Dari-Mattiacci, Giuseppe, and Gerrit DeGeest. Carrots vs. Sticks. Edited by Francesco Parisi. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199684267.013.41.

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This article draws a general picture of the differences between the metaphors of carrots and sticks. It discusses incentive effects (in principle, a $100 carrot creates the same incentives as a $100 stick, but there are exceptions); transaction costs (carrots are paid upon compliance, sticks upon violation, therefore sticks have lower transaction costs if the majority complies); risks (probabilistic carrots create risks for compliers, probabilistic sticks for violators); wealth and budget constraints (the maximum carrot depends on the principal's wealth, the maximum stick on the agent's wealth, but sticks can have a multiplication effect); distributive effects (carrots may overcompensate, sticks may undercompensate; individualizing sanctions changes the distributive effect of carrots but not of sticks); activity level effects caused by these distributive effects; the principal's incentives to behave opportunistically; and the agent's incentives to self-report. The article also discusses special types (precompensated, annullable, combined, intra-group financed, reversible, strict liability carrots and sticks) and two extensions (political risks, behavioural effects).

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48

Saliger, Frank, Michael Tsambikakis, Ole Mückenberger, and Hans-Peter Huber, eds. Münchner Entwurf eines Verbandssanktionengesetzes. Nomos Verlagsgesellschaft mbH & Co. KG, 2019. http://dx.doi.org/10.5771/9783748904670.

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In the current debate on the reform of association sanctioning, the Munich Draft (‘Münchner Entwurf eines Verbandssanktionengesetzes’) represents a proposal for a law with a sense of proportion. Unlike the Federal Ministry of Justice’s draft bill, the Munich Draft pursues a strictly commensurable way of sanctioning associations. For example, small associations are excluded from its scope of application, association responsibility, e.g. for actions taken by an employee against a superior’s orders, is explicitly excluded, and sanctions are differentiated between according to maximum turnover-related limits. In order to create incentives for behaviour that conforms to legal standards, the Munich draft sets out the requirements for compliance to it, both precautionary and post-offence, which can lead to privileges during prosecution and sanctioning. In addition, it regulates internal investigations in a separate chapter and grants extended protection against seizure. The authors of this study have dealt with commercial criminal law for decades as academics or practitioners.

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49

Alcala, Ronald T. P., and Eric Talbot Jensen, eds. The Impact of Emerging Technologies on the Law of Armed Conflict. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190915322.001.0001.

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Emerging technologies have always played an important role in armed conflict. From the crossbow to cyber capabilities, technology that could be weaponized to create an advantage over an adversary has inevitably found its way into military arsenals for use in armed conflict. The weaponization of emerging technologies, however, raises challenging legal issues with respect to the law of armed conflict. As States continue to develop and exploit new technologies, how will the law of armed conflict address the use of these technologies on the battlefield? Is existing law sufficient to regulate new technologies, such as cyber capabilities, autonomous weapons systems, and artificial intelligence? Have emerging technologies fundamentally altered the way we should understand concepts such as law-of-war precautions and the principle of distinction? How can we ensure compliance and accountability in light of technological advancement? This book explores these critical questions while highlighting the legal challenges—and opportunities—presented by the use of emerging technologies on the battlefield.

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50

Cheng, Christine. Conclusion. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199673346.003.0009.

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After war, rebuilding the state’s presence—or building it up for the first time—is both a physical and social endeavor requiring new norms of compliance and cooperation. Local authority is deeply contested and the state typically has minimal presence. These conditions are akin to those described in the state of nature. To escape these conditions, Hobbes and Locke argued for the necessity of a sovereign to impose order and impartial justice to form what I call the kernel of the state. Extralegal groups orient societies in that direction by performing a set of visible and hidden functions in contemporary post-conflict environments. But they are not intentionally state-making. Rather, extralegal groups are driven by the need to create a stable trading environment and state-making is a by-product of this imperative. In the contemporary era, the motivation that drives extralegal groups to begin state-making is trade, not war.

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Books on the topic 'Creative compliance'

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