Pub Date : 2021-05-31DOI: 10.1017/9781108759458.016
A. Piquero
{"title":"Incarceration and Crime","authors":"A. Piquero","doi":"10.1017/9781108759458.016","DOIUrl":"https://doi.org/10.1017/9781108759458.016","url":null,"abstract":"","PeriodicalId":312856,"journal":{"name":"The Cambridge Handbook of Compliance","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133396290","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-03-29DOI: 10.1017/9781108759458.032
B. Rooij
Legal knowledge is a core aspect in compliance. For law to shape behaviour, people whose conduct the law tries to influence should know the law. This chapter reviews the body of existing empirical research about legal knowledge. It assesses the extent to which laypersons and professionals know and understand legal rules across various domains including employment, family affairs, criminal justice, education and health care. This body of work shows that ignorance and misunderstanding of the law is common across these domains. There is variation and for some laws, amongst some people and in some jurisdictions there is more or less legal knowledge. Also, the review shows that there is evidence that people tend to equate their own norms with the rules of the law. The review concludes by discussing what these findings mean for compliance and the way our laws try to steer human and organizational conduct. Here it questions compliance approaches that view it as a linear process from rule to behaviour.
{"title":"Do People Know the Law? Empirical Evidence about Legal Knowledge and Its Implications for Compliance","authors":"B. Rooij","doi":"10.1017/9781108759458.032","DOIUrl":"https://doi.org/10.1017/9781108759458.032","url":null,"abstract":"Legal knowledge is a core aspect in compliance. For law to shape behaviour, people whose conduct the law tries to influence should know the law. This chapter reviews the body of existing empirical research about legal knowledge. It assesses the extent to which laypersons and professionals know and understand legal rules across various domains including employment, family affairs, criminal justice, education and health care. This body of work shows that ignorance and misunderstanding of the law is common across these domains. There is variation and for some laws, amongst some people and in some jurisdictions there is more or less legal knowledge. Also, the review shows that there is evidence that people tend to equate their own norms with the rules of the law. The review concludes by discussing what these findings mean for compliance and the way our laws try to steer human and organizational conduct. Here it questions compliance approaches that view it as a linear process from rule to behaviour.","PeriodicalId":312856,"journal":{"name":"The Cambridge Handbook of Compliance","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131039312","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This chapter studies the implications of behavioral ethics research to questions of legal compliance. Behavioral ethics emphasizes the concept of bounded ethicality, referring to a long list of biases and cognitive limitations that prevent people from making a full and candid evaluation of the ethicality of their own actions. In other words, people often act unethically not because they made a conscious choice to behave badly, but because they were able to ignore, downplay, or justify their own misconduct. This chapter explores the meaning of behavioral ethics findings for questions of compliance with the law. That is, if people often ignore or downplay their own unethical choices, how can law-makers and regulators act to improve compliance with the law? The chapter describes the central relevant findings of behavioral ethics research, the challenges these findings pose for legal compliance, and outlines possible solutions. In particular, we advocate a novel regulatory approach utilizing ethical nudges: regulatory interventions that are designed to improve ethical deliberations by potential wrongdoers.
{"title":"Behavioral Ethics as Compliance","authors":"Y. Feldman, Yotam Kaplan","doi":"10.2139/ssrn.3458582","DOIUrl":"https://doi.org/10.2139/ssrn.3458582","url":null,"abstract":"This chapter studies the implications of behavioral ethics research to questions of legal compliance. Behavioral ethics emphasizes the concept of bounded ethicality, referring to a long list of biases and cognitive limitations that prevent people from making a full and candid evaluation of the ethicality of their own actions. In other words, people often act unethically not because they made a conscious choice to behave badly, but because they were able to ignore, downplay, or justify their own misconduct. This chapter explores the meaning of behavioral ethics findings for questions of compliance with the law. That is, if people often ignore or downplay their own unethical choices, how can law-makers and regulators act to improve compliance with the law? The chapter describes the central relevant findings of behavioral ethics research, the challenges these findings pose for legal compliance, and outlines possible solutions. In particular, we advocate a novel regulatory approach utilizing ethical nudges: regulatory interventions that are designed to improve ethical deliberations by potential wrongdoers.","PeriodicalId":312856,"journal":{"name":"The Cambridge Handbook of Compliance","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116822183","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
A firm’s ‘reputation’ reflects the expectations of its partners of the benefits of trading with it in the future. An announcement by a regulator that a firm has engaged in misconduct may be expected to impact negatively on trading parties’ (i.e. consumers or investors) expectations for a firm’s future performance, and hence on its market value. How can we identify reputational losses from share price reactions? How large are these losses for different type of misconducts? The chapter seeks to answer the above questions in the light of recent empirical evidence and draws implications for regulatory enforcement policy.
{"title":"Naming and Shaming: Evidence from Event Studies","authors":"J. Armour, C. Mayer, Andrea Polo","doi":"10.2139/ssrn.3447363","DOIUrl":"https://doi.org/10.2139/ssrn.3447363","url":null,"abstract":"A firm’s ‘reputation’ reflects the expectations of its partners of the benefits of trading with it in the future. An announcement by a regulator that a firm has engaged in misconduct may be expected to impact negatively on trading parties’ (i.e. consumers or investors) expectations for a firm’s future performance, and hence on its market value. How can we identify reputational losses from share price reactions? How large are these losses for different type of misconducts? The chapter seeks to answer the above questions in the light of recent empirical evidence and draws implications for regulatory enforcement policy.","PeriodicalId":312856,"journal":{"name":"The Cambridge Handbook of Compliance","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124168170","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2017-10-13DOI: 10.1146/ANNUREV-LAWSOCSCI-110316-113310
D. Nagin, Cody W. Telep
This article reviews the evidence on whether procedurally just treatment of citizens by agents of the criminal justice system, usually the police, has the effect of increasing the citizen's compliance with the law. In brief, we find that perception-based studies consistently show that citizen perceptions of procedurally just treatment are closely tied to perceptions of police legitimacy, and that with only a few exceptions perceptions of legitimacy are strongly associated with legal compliance. However, what has not been established is whether these associations reflect a causal connection whereby changes in policies that are effective in changing actual procedurally just treatment of citizens by police and others lead to changes in legal compliance and perceived legitimacy. Three priority areas for future research are identified: (a) devising and testing a theory of the cumulative effects of experience and community and situational context on perceptions of procedurally just treatment and perceptions of ...
{"title":"Procedural Justice and Legal Compliance","authors":"D. Nagin, Cody W. Telep","doi":"10.1146/ANNUREV-LAWSOCSCI-110316-113310","DOIUrl":"https://doi.org/10.1146/ANNUREV-LAWSOCSCI-110316-113310","url":null,"abstract":"This article reviews the evidence on whether procedurally just treatment of citizens by agents of the criminal justice system, usually the police, has the effect of increasing the citizen's compliance with the law. In brief, we find that perception-based studies consistently show that citizen perceptions of procedurally just treatment are closely tied to perceptions of police legitimacy, and that with only a few exceptions perceptions of legitimacy are strongly associated with legal compliance. However, what has not been established is whether these associations reflect a causal connection whereby changes in policies that are effective in changing actual procedurally just treatment of citizens by police and others lead to changes in legal compliance and perceived legitimacy. Three priority areas for future research are identified: (a) devising and testing a theory of the cumulative effects of experience and community and situational context on perceptions of procedurally just treatment and perceptions of ...","PeriodicalId":312856,"journal":{"name":"The Cambridge Handbook of Compliance","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121038068","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.1017/9781108759458.006
Shauhin A. Talesh
{"title":"Constructing the Content and Meaning of Law and Compliance","authors":"Shauhin A. Talesh","doi":"10.1017/9781108759458.006","DOIUrl":"https://doi.org/10.1017/9781108759458.006","url":null,"abstract":"","PeriodicalId":312856,"journal":{"name":"The Cambridge Handbook of Compliance","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123876652","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
HIPAA is the acronym for the Health Insurance Portability and Accountability Act of 1996. HIPAA is arguably the single most significant Federal legislation affecting the health care industry since the creation of the Medicare and Medicaid programs in 1965. Under title II of HIPAA, Congress passed the Administrative Simplification provisions of HIPAA, among other things, to protect the privacy and security of protected health information (PHI), and promote efficiency in the health care industry through the use of standardized electronic transactions.
{"title":"HIPAA Compliance","authors":"Stacey A. Tovino","doi":"10.1201/b15812-15","DOIUrl":"https://doi.org/10.1201/b15812-15","url":null,"abstract":"HIPAA is the acronym for the Health Insurance Portability and Accountability Act of 1996. HIPAA is arguably the single most significant Federal legislation affecting the health care industry since the creation of the Medicare and Medicaid programs in 1965. Under title II of HIPAA, Congress passed the Administrative Simplification provisions of HIPAA, among other things, to protect the privacy and security of protected health information (PHI), and promote efficiency in the health care industry through the use of standardized electronic transactions.","PeriodicalId":312856,"journal":{"name":"The Cambridge Handbook of Compliance","volume":"105 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134211367","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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