Melbourne Law School - Research Publications
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ItemCorporate Compliance Systems Could They Make Any Difference?(SAGE PUBLICATIONS INC, 2009-03)This article critically appraises the potential of corporate compliance systems to influence corporate behavior. The authors differentiate between the adoption of formal compliance management systems and the way compliance is managed in practice in business organizations by reference to scholarly literature and analysis of survey responses from 999 large Australian businesses about their implementation of competition and consumer protection law compliance systems. Their analysis shows that at least some elements of compliance systems can translate into good management of compliance in practice. But management commitment to compliance values, managerial oversight and planning, and organizational resources are just as important.
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ItemDo Businesses Take Compliance Systems Seriously? An Empirical Study of the Implementation of Trade Practices Compliance Systems in Australia(Melbourne University, Law Review Association, 2006)
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ItemThe Two Faces of Lawyers: Professional Ethics and Business Compliance with Regulation(Georgetown University Law Center, 2009)
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ItemThe Pluralization of Regulation(De Gruyter, 2008)
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ItemInside Lawyers' Ethics(Cambridge University Press, 2007)Legal ethics is often described as an oxymoron or contradiction in terms - lay people find the concept amusing and lawyers can find ethics impossible. The best lawyers are those who have come to grips with their own values and actively seek to improve their ethical practise. This book is designed to help law students and new lawyers understand and modify their own ethical priorities, not just because this knowledge makes it easier to practise law and earn an income, but because self-aware, ethical legal practice is right and feels better than anything else. Packed with case studies of ethical scandals and dilemmas from real life legal practice in Australia, each chapter delves into the most difficult issues lawyers face. From lawyers' part in corporate fraud to the ethics of time-based billing, Parker and Evans expose the values that underlie current practice and set out the alternatives ethical lawyers might follow.
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ItemRegulating Self-Regulation: The ACCC, ASIC, Competition Policy, and Corporate Regulation.(Oxford University Press, 2002)
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ItemMeta-Regulation: Legal Accountability for Corporate Social Responsibility(Cambridge University Press, 2007)
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ItemNo Preview AvailableThe 'Compliance' Trap: The Moral Message in Responsive Regulatory Enforcement(Wiley, 2006)Simple deterrence will often fail to produce compliance commitment because it does not directly address business perceptions of the morality of regulated behavior. Responsive regulation, by contrast, seeks to build moral commitment to compliance with the law. This article shows that a regulator can overcome the deterrence trap to improve compliance commitment with the skillful use of responsive regulatory techniques that “leverage” the deterrence impact of its enforcement strategies with moral judgments. But this leads it into the “compliance trap.” The compliance trap occurs where there is a lack of political support for the moral seriousness of the law it must enforce, such as is the case with cartel enforcement in Australia. In these circumstances, business offenders are likely to interpret the moral leveraging of responsive regulation as unfair or stigmatizing, and business perceptions of regulator unfairness are likely to have a negative influence on long-term compliance with the law. Moreover, big businesses that perceive regulatory enforcement as illegitimate are also likely to actively lobby for the political emasculation of the regulator. In these circumstances, most regulators are likely to avoid conflict by taking the easy option of enforcing the law “softly,” and therefore ineffectively.
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ItemNo Preview Available