Government Regulation Of Business Research Articles

Administración y "fenómeno de mercado": choque de convivencia en la economía territorial

Achievement of an effective balance between government regulation of business and free competition is the goal of any progressive economy, and attention to this issue is completely justified. This study aims to analyze the concept of administration and "market phenomenon: the collision of coexistence in territorial economy. To do so, the systemic, institutional, reproductive approaches are utilized. Based on the results, the need for a constructive solution to this problem leads to a logical conclusion about the need to create an administrative and economic system to regulate social practice of a new type, based on the principles of maximizing freedom of expression and economic initiative within the boundaries of social expediency. This regulatory system presupposes the presence of continuous monitoring of reproduction processes, the timely identification of constraints on the implementation of the economic strategy and an urgent corrective administrative and economic impact on these elements. The solution to this problem seems possible through the multi-level implementation of BIM technologies in economic administration within the Russian territorial and economic practice, built on the principles of network modeling of the reproduction process.

The Financial Impact of High-Performance Work Practices

High-performance work practices (HPWP) have been found to increase financial performance. Institutional theory suggests that this effect may be moderated by labor market institutions, such as labor market flexibility and labor market efficiency. We explore this relationship using a combined data set comprised of data on HPWP from ASSET4, financial and other company-level data from the Worldscope Database, and national institutional context data from the World Economic Forum’s Global Competitiveness Report. With an international sample of roughly 20,000 archival firm-year observations across a seven-year period, we use pooled OLS regression models with robust standard errors, clustered at the firm level. We find support for all predicted relationships except for a direct relationship between labor market flexibility and performance: Strong formal institutional pressure (low labor market flexibility) increases the positive financial impact of HPWP. Strong informal institutional pressure (high labor market efficiency) affects the financial performance of businesses directly and positively, and also indirectly by increasing the positive effect of HPWP on financial performance. We conclude that companies seeking the most financially-rewarding approach to human resource management (HRM) should engage in HPWP, encourage the local population to expect and value such practices (e.g., by promoting women’s rights), and, counterintuitively, encourage more government regulation of business around HRM practices.

Антиконкурентні аспекти концепції державного регулювання господарської діяльності

Антиконкурентні аспекти концепції державного регулювання господарської діяльності

The Constitution and Business Regulation in the Progressive Era: Recent Developments and New Opportunities

I was somewhat surprised when the editors of this issue asked me to contribute an essay on the future of the profession. The reason is that I have spent most of my academic life studying the years between the Civil War and World War II and feel more comfortable writing about the past than foreseeing the future. Thanks to developments in American society, politics, and law, however, the history of the Gilded Age and Progressive Era has become ever more relevant in recent years. We have seen a widening of the gap between the rich and the rest of society. There has been a political movement against the federal government and government regulation of business in general. Increasingly, Supreme Court decisions seem to favor corporate interests and concentrated wealth. To non-lawyers and critics, at least, some of those decisions seem to be based on technical, unrealistic legal reasoning.1 Taken together, these developments have put us in an age that bears some striking similarities to the early Progressive Era. They have rekindled debates that dominated politics and law more than a century ago.

СИСТЕМА ДЕРЖАВНОЇ ПІДТРИМКИ ТА СПРИЯННЯ РОЗВИТКУ ПІДПРИЄМНИЦТВА В УКРАЇНІ

Given the instability of the economic and tax legislation of Ukraine, with the imperfection of the legal framework, particularly challenging is the development of enterprise and entrepreneurship in the country. Therefore, one of the tasks of restructuring the Ukrainian state - to find a balance between government regulation and market self-regulation. Government regulation of business is the application of various methods of influencing the activities of business organizations. State support of entrepreneurship involves the creation of an enabling institutional and economic environment for business development. Basis for solving problems to enhance business development in Ukraine is the formation of an adequate regulatory framework. Therefore, in order to systematize the legal framework, the article presents a generalized list of documents of the legal framework governing business in the Ukraine at the state level. Generalized list of documents of the legal framework outlined in seven interconnected blocks, namely: general, state control in the sphere of economic activity, regulatory policy, licensing system, state registration, licensing and industry tips.

The United States Supreme Court and Business Elites: Gilded Age Origins of Modern American Liberalism1

One issue that permeated Gilded Age politics asks to what extent the United States Constitution places a limit on government regulation of business. Most of today’s scholars treat it as a matter of balancing economic liberty or property rights against government power, and maintain that this balancing formula represents the predominant tradition in constitutional history, dating at least as far back as the Jacksonian era. On the contrary this paper shows that prior to the late 1880s the paradigm for determining the constitution’s limits on government regulation of business was actually quite different. The Supreme Court in its first century treated business regulation as a matter of balancing entrepreneurial liberty against the rights of the community. Furthermore, it consistently held that, because state economic regulations were an expression of popular sovereignty and rights of the community, they should be presumed to be valid. Only at the very end of the nineteenth century did this interpretation give way to a new one, raising entrepreneurial liberty to preferred status under the Constitution. This was the result of the persistent efforts of lawyers for the corporate elite, who aimed to produced three changes: a tendency to equate regulation of business with confiscation of property; a trend toward expanding the constitutional rights afforded to corporations; and a reversal of the rule that economic regulation should be presumed valid. But at least until the death of Chief Justice Morrison R. Waite in 1888, the Supreme Court would rather steadfastly cling to the traditional doctrine than promote this new interpretation.

Regulation of Business in the USA: Talking Points

This manuscript summarizes a speech given at Tallinn University of Technology in Estonia on May 14, 2013. The speech begins with a discussion of ethical theory and how it can be applied to the topic of government regulation of business, and proceeds to summarize some recent studies on the costs that regulation imposes on businesses and individuals.

CONTINUUM OF INSTITUTIONS OF STATE REGULATION AND SELF­REGULATION OF BUSINESS ORGANIZATIONS

Government regulation of business is based on the application of different rules of behavior of economic agents. These rules are being developed and implemented at the national and regional levels of economic regulation. At a certain stage of development of national and regional regulations are beginning to constrain the global interaction of the agents of economic development. This trend for the economy of Russia and many countries that have more attention udlyat create market conditions for farming. In order to further the economic development of space postsovetsvkogo gaining positive momentum necessary to reduce control over the actions of economic agents and to create a culture of self-regulation. We see the problem is to establish a balance of government regulation and self-regulation in a single continuum. To this end, studies were carried out the forms and methods of state regulation in the Russian economy, the advantages and disadvantages of self-regulation, self-regulatory organizations proposed classification, formulated the conditions under which self-regulation in the post-may be more effective form of impact on the behavior of economic agents than government regulation. In the article the author offers direction of public-private partnership: financial, logistical and administrative real. The development of public-private partnerships as a mechanism for interaction study of global parties “society - the state – business” in the management of priority areas of the economy.

Government regulation of business in a changing institutional barrier

Government regulation of business in a changing institutional barrier

Property, Liberty, and the Rights of the Community: Lessons from Munn v. Illinois

When considering the extent to which the United States Constitution places a limit on government regulation of business, today’s historians and constitutional theorists treat the question as a matter of balancing economic liberty or property rights against government power. Moreover, modern scholars commonly maintain that this balancing formula represents the predominant tradition in constitutional history. They trace that tradition at least as far back as to tenants of Jacksonian democracy that emphasized individual liberty and distrust of government. Thus they imply that constitutional history has developed as a straight line: always with an emphasis on individual liberty and always with a presumption that entrepreneurial liberty should be favored over government power to regulate.This paper will use the 1877 case Munn v. Illinois to demonstrate that prior to the late 1880s the paradigm for determining the constitution’s limits on government regulation of business was actually quite different. There is no doubt that the Court has always emphatically recognized the importance of property rights. Nevertheless, during the first century under the Constitution, it treated business regulation as a matter of balancing entrepreneurial liberty against the rights of the community. Furthermore, it consistently held that, because state economic regulations were an expression of popular sovereignty and rights of the community, they should be presumed to be valid. Munn is significant because in the conventional narrative it is portrayed as a steppingstone in the straight line evolution of constitutional doctrine that emphasizes individual liberty. A closer look at the case and the events surrounding it will demonstrate, however, that the majority in Munn actually based its opinion on the traditional emphasis on rights of the community. It will further demonstrate that for more than a decade after the opinion the Supreme Court steadfastly clung to that traditional view. Even under persistent pressure to change.

Recent Revisions to Commercial Agency Law in the United Arab Emirates

AbstractThe United Arab Emirates—despite its general reputation for free trade and limited government regulation of business—has had (for over two decades) the most onerous 'dealer protection' law in the Middle East.Very recently, however, pro-competition (or anti-monopoly) sentiment within certain UAE government circles resulted in enactment of a new federal law and two UAE Ministry of Economy resolutions that collectively reflect a weakening of those dealer protections. For example, Minister of Economy Sheikha Lubna Al Qasimi observed:The new amendments will certainly boost the competitive economic climate in the UAE…. This law was promulgated out of the desire to enhance and maintain stability in prices and ensure that agencies are not manipulated to increase prices.The following summary highlights some of the more significant aspects of current UAE commercial agency law, including a look at those recent amendments. (I have prepared an English translation of the UAE Commercial Agency Law, including the 2006 amendments, listed as Appendix 1 at the end of this article.)

Law versus Justice: From Adversarialism to Communitarianism

John Braithwaite is probably the only sociolegal scholar writing in English who can so credibly argue that much of is missing at the heart of our legal apparatuses is love. Like few others he has been persistently poking and prodding basic questions of law's promise and law's peril for many years now, and has done so on several continents. His wide-ranging research on corporate lawbreaking and government regulation of business (e.g., Braithwaite 1982a, 1982b, 1984, 1985, 1995a, 1998, 2002a, 2002b; Braithwaite and Braithwaite 1995; Braithwaite and Drahos 2000; Braithwaite and Geis 1982; Braithwaite and Makkai 1991; Fisse and Braithwaite 1983), and his theoretical work on crime and punishment generally (Braithwaite 1989, 1995b; Braithwaite and Pettit 1990), place Braithwaite in rarified social scientific company. This is so also because Braithwaite is an exemplar of a very rare hybrid: the clear-eyed empirical scientist who requires that facts settle theoretical arguments and the no-nonsense policy-maker with a wholly pragmatic focus on what works.' More controversial for some readers, he grounds his work in strong philosophical commitments to republican political theory and communitarian social organization. But this should deter not in the least

Government Regulation vs. The Free Society

Over the years I have been persistent in my criticism of petty tyrannies such as government regulation of business, government licensing of professions, and so on.1 My central objection is that they all involve prior restraint, the coercive intervention in people's conduct that does not have anything to do with defending individual rights, the only goal that justifies the use of force in human affairs. Very recently, and finally, someone in mainstream circles has chosen to address my argument. Edward Soule, of Georgetown University's McDonough School of Business, wrote a book, Morality and Markets, The Ethics of Government Regulation, in which he spends some time addressing the essentially libertarian, natural rights case I have made against this widespread practice. It is a very respectful, civilized criticism the tone of which is unobjectionable. Given that the position I have defended is quite radical, some would even call it extreme, I am very pleased that someone of such distinction as Soule has chosen to address it. Let me now get to the substance of Soule's critique. First of all, he argues against the libertarian argument against regulation I put forth by claiming that ifit were consistently applied, such a very practical institution as central banking would have to be abolished. As he puts it,

Law as a Character of Society: Legal Change in Twentieth-Century America

In 1976, Ralph Ellison, author of Invisible Man, wrote an essay, Perspective of Literature, for a bicentennial volume on American law. His theme was what American literature has to contribute to our understanding of law. Why, Ellison asked, were there so few lawyers and judges as characters in American literature? Wasn't that lack particularly surprising given the importance of to American society-given that the United States' foundational documents, the Declaration of Independence and the Constitution, were about law? Ellison concluded: law ensures the conditions, the stage upon which we act; the rest is up to us.' It was a wonderful statement-particularly revealing for the author of a novel that emphasized the struggle of the individual to be seen as a person, rather than as a member of a despised group. But is law's role that limited? Does set only the stage? Friedman's magisterial work allows us to evaluate Ellison's statement and to assess what it means to write the history of law. How does one write-or even conceptualize-a history of American in the last century? The problems seem so large as to be almost overwhelming. What is law-one wonders even what that word means-and how does it relate to American culture? Those questions underlie Lawrence Friedman's masterpiece. His encyclopedic work retells the major changes in American in the twentieth century-ranging from civil rights, business law, government regulation of business, and criminal to legal thought. At the same time he links those changes to shifting societal attitudes, wrought by such events as the world wars, the Great Depression, and the civil rights movement. So this becomes not just a history of American law-it becomes a history of America, measured by legal changes. Friedman has several meta-themes that provide the framework for explorations of American history: growth of the administrative state at the state and local level; centralization of law-making and enforcement from the states to the federal government; growth in amount of law, number of lawyers and

Regulatory Encounters: Multinational Corporations and American Adversarial Legalism

Regulatory Encounters reports on a path-breaking study of how government regulation of business in the United States differs in practice from regulation in other economically advanced democracies. In each of ten in-depth case studies, the contributors to this volume compare a particular multinational corporation's experience with parallel regulatory regimes in the United States and in Japan, Canada, Great Britain, Germany, The Netherlands, and the European Union, noting precisely which regulatory precautions were actually implemented in each country.The regulatory systems analyzed include aspects of environmental protection, product safety, debt collection, employees' rights, and patent protection. The studies in Regulatory Encounters indicate that the adversarial and legalistic character of American regulation imposes higher costs and delays on economic activity than comparable regulatory regimes in other economically advanced democracies, and often does not generate higher levels of protection for the public.

Assessing the competitive conditions in the Italian banking system: some empirical evidence

The European banking industry is currently facing the effects arising from the increasing integration of national financial markets. In adapting to this new scenario, the Italian banking system has undergone a considerable transformation. The degree of competition in the Italian banking system is evaluated using a sample of banks during the period 1988-96. JEL Codes: G21 Keywords: Italy, Deregulation, Industry regulations, Government regulation of business, Trade regulation

Loca1 Development Policy in the 1980s

Mainstream local development policy in the 1980s is moving towards practices that are undemocratic and rest on an inadequate theoretical base. The increasingly popular concept of a public-private partnership is institutionalizing corporate domination over local government policy. This corporate domination is reflected in local policy trends towards reduced government regulation of business, antiunion practices, and efforts to transform the urban environment to meet the needs of corporate accumulation. These problems are compounded by the inadequate theoretical basis of mainstream policies, which are based on neoclassical theories of location and comparative advantage and on a revival of uneven development and growth pole theories of the 1 950s and 1960s. These theories, and the policies they inform, are ill-suited to deal with the new forms of spatial and internal organization being adopted by corporations in response to a new international division of labor. These deficiencies in theory and policy suggest that there are areas where leftist or alternative policies that promote a more democratically controlled local economy might be applied.

REGULATION OF FUTURES TRADING IN THE UNITED STATES AND THE UNITED KINGDOM

The major centres of international trading in commodity and financial futures are located in the United States and the United Kingdom. While futures contracts in London and the US are similar, the markets themselves have emerged from diverse origins and have been shaped by two con trasting attitudes toward government regulation of business. The result is that futures trading in the US is subject to one set of governmental and self regulatory controls while trading in the UK falls under a rather different one. The implication is that investors in the US have different forms of protection than do their British counterparts. Furthermore, the obligations of trading profes sionals are different in the two systems, implying different costs and different abilities to compete for world-wide business.

Thomas Alva Edison's “Treatise on National Economic Policy and Business”

Thomas Edison's achievements as an inventor-entrepreneur tend to overshadow the fact that his knowledge and interests extended well beyond the applied sciences. In 1891, a crucial and busy year of his life, Edison took time to set forth his views on one of the most important issues of the day, government regulation of business. Edison's notebook remained almost untouched for nearly one hundred years until Professor Rubin began a careful examination of its contents. His editing and annotation of the manuscript reveal the considerable depth of Edison's intellect and his capacity to probe economic issues in the same thorough manner with which he approached research problems in the laboratory.

Government Regulation of Business in a Federal State: Allocation of Power under Deregulation

Government Regulation of Business in a Federal State: Allocation of Power under Deregulation