Governing the corporation regulation and corporate governance in an age of scandal and global markets edited by Justin O'Brien

Governing the Corporation is a unique forum combining the insights of some of the most influential minds involved in the governance of global financial markets with internationally recognised academics and practitioners. Divided into three sections, the book first examines changes to the regulation of markets and assesses the global implications of the export of Sarbanes-Oxley for financial sector governance. The second section examines the challenges facing the professions with critical analysis from leading lawyers and accountants. The final section calculates the effectiveness of state and self-regulatory policy and posits the importance of institutionalising an ethical framework tied to incentives. Each section of the book features contributions from regulators, practitioners and academics from a range of disciplines, including finance, political science, criminology, law and philosophy. Governing The Corporation : Regulation And Corporate Governance In An Age Of Scandal And Global Markets / Justin O'brien -- Restoring Trust After Recent Accountability Failures / David M. Walker -- Accountability In The Age Of Global Markets / William J. Mcdonough -- European Responses To Corporate Governance Challenges / Alexander A. Schaub -- Economic Globalisation And National Corporate Governance Reform / Dermot Mccann -- From Workers To Global Politics : How The Way We Work Provides Answers To Corporate Governance Questions / Irene Lynch-fannon -- Multilateral Regulatory Initiatives : A Legitimation-based Approach / George Gilligan -- Corporate Social Responsibility As Regulation : The Argument From Democracy / Lisa Whitehouse -- The Criminological Lens : Understanding Criminal Law And Corporate Governance / Laureen Snider -- Detecting Fraud And Managing The Risk / Nicholas M. Hodson -- After Enron : Corporate Governance, Creative Compliance And The Uses Of Corporate Social Responsibility / Doreen Mcbarnet -- The Role Of Lawyers : Hired Guns Or Public Servants? / Jeremy P. Carver -- Financial Reporting, Corporate Governance, And Parmalat : Was It A Financial Reporting Failure? / Giovanni Melis And Andrea Melis -- Corporate Regulation In Ireland / Paul Appleby -- Corporate Governance : More Than A State Of Mind? / Neill Buck -- Redesigning Financial Regulation : Eliot Spitzer, State-federal Relations And The Battle For Corporate Control / Justin O'brien -- Public Trusteeship : The Responsibilities Of Transparency And Legacy / J. Patrick Dobel. Edited By Justin O'brien. Includes Bibliographical References (p. [339]-362) And Index. Cover......Page 2 Contents......Page 8 List of Contributors......Page 10 Acknowledgements......Page 12 1 Governing the Corporation: Regulation and Corporate Governance in an Age of Scandal and Global Markets......Page 16 2 Restoring Trust After Recent Accountability Failures......Page 36 3 Accountability in the Age of Global Markets......Page 62 4 European Responses to Corporate Governance Challenges......Page 78 5 Economic Globalisation and National Corporate Governance Reform......Page 94 6 From Workers to Global Politics: How the Way We Work Provides Answers to Corporate Governance Questions......Page 116 7 Multilateral Regulatory Initiatives – A Legitimation-based Approach......Page 136 8 Corporate Social Responsibility as Regulation: The Argument from Democracy......Page 156 9 The Criminological Lens: Understanding Criminal Law and Corporate Governance......Page 178 10 Detecting Fraud and Managing the Risk......Page 200 11 After Enron: Corporate Governance, Creative Compliance and the Uses of Corporate Social Responsibility......Page 220 12 The Role of Lawyers: Hired Guns or Public Servants?......Page 238 13 Financial Reporting, Corporate Governance and Parmalat: Was it a Financial Reporting Failure?......Page 248 14 Corporate Regulation in Ireland......Page 270 15 Corporate Governance – More than a State of Mind?......Page 288 16 Redesigning Financial Regulation: Eliot Spitzer, State–Federal Relations and the Battle for Corporate Control......Page 310 17 Public Trusteeship: The Responsibilities of Transparency and Legacy......Page 332 Bibliography......Page 354 Index......Page 378 The demise of the era of the imperial chief executive has been accompanied by a resurgence in financial regulation. High-level criminal prosecutions, proactive enforcement strategies and a strengthened resolve to police deficiencies have made compliance an imperative. Have the reforms introduced in the United States done enough to address what President Bush has termed 'America's greatest need: higher ethical standards - standards enforced by strict laws and upheld by responsible business leaders'? Given the global importance of US capital markets, what are the global implications of the triangulated American legislative, legal and regulatory response? How to govern the corporation and the markets in which they operate have become public and corporate priorities with a salience emanating far beyond the narrow confines of the business community. Following three years of scandal, the initial quiescence by business has dissipated. The target is the Public Company Acounting Reform and Investor Protection Act, or Sarbanes-Oxley, the centre-piece of the reform agenda. An excessive intervention in the private governance of the corporation or a necessary policing mechanism? This collection brings together leading practitioners, regulators and academics to debate the causes and consequences of corporate governance reform and financial regulation in an Age of Scandal

Governing the Corporation is a unique forum combining the insights of some of the most influentialminds involved in the governance of global financial markets with internationally recognised academics and practitioners.

Divided into three sections, the book first examines changes to the regulation of markets and assesses the global implications of the export of Sarbanes-Oxley for financial sector governance. The second section examines the challenges facing the professions with critical analysis from leading lawyers and accountants. The final section calculates the effectiveness of state and self-regulatory policy and posits the importance of institutionalising an ethical framework tied to incentives. Each section of the book features contributions from regulators, practitioners and academics from a range of disciplines, including finance, political science, criminology, law and philosophy.

A vibrant well-administrated corporate sector is vital for economic development, social and political cohesion and access to international capital.