scholarly journals Dodd-Frank Prohibits Purely Policy-Based Dismissals of the CFPB Director

2018 ◽  
Author(s):  
Peter M. Shane

The president may not fire the director of the Consumer Finance Protection Bureau for purely policy-based reasons: Dodd-Frank gives the director a fixed term and limits the grounds for removability to “good cause.” Further, Congress designated the CFPB as an “independent agency” under the Paperwork Reduction Act. As a consequence, presidents may not demand policy agreement from a CFPB Director, as long as the Director implements policies in good faith compliance with the law.

2019 ◽  
Vol 2019 (5) ◽  
pp. 68-73
Author(s):  
Ольга Давыдова ◽  
Ol'ga Davydova ◽  
Лариса Царахова ◽  
Larisa Carahova ◽  
Ирина Левкова ◽  
...  

The activity of trafficking in narcotic drugs, psychotropic substances is inextricably linked with medical and pharmaceutical activities.Analysis of the executive discipline by medical and pharmaceutical specialists in compliance with the law in the field of trafficking in narcotic drugs and psychotropic substances revealed the most problematic aspects of the activity and the need to revise certain aspects of regulatory and legal activities, based on the modern requirements of practical medicine and pharmacy.


Author(s):  
Yishai Beer

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.


Author(s):  
Lusina HO

This chapter examines the law on contract formation in Hong Kong which is closely modelled on the English common law but adapts the English solutions to the local context if and when required. The test for ascertaining the parties’ meeting of the minds is objective, the agreement (an offer with a matching acceptance) must be certain, complete, and made with the intention to create legal relations—the latter being presumed to be present in a commercial context and absent in a familial or social context. Offers are freely revocable although the reliance of the offeree is protected in exceptional circumstances. Acceptances become effective as soon as they are dispatched. In the ‘battle of forms’ scenario, the Hong Kong courts follow the traditional ‘last-shot’ rule. There is no general duty to negotiate in good faith, and even agreements to negotiate in good faith are normally unenforceable for lack of certainty. As a general rule, contracts can be validly made without adhering to any formal requirement. Online contracts will normally be valid and enforceable; the formation of such contracts is governed by common law as supplemented by legislation.


1993 ◽  
Vol 4 (1) ◽  
pp. 1-26 ◽  
Author(s):  
Braham Dabscheck

In October 1992 the federal coalition released Jobsback, a statement of its industrial relations policies. The article situates Jobsback in the context of the evolution of the coalition's industrial relations policies since the Fraser years, outlines its major features, and provides a critique. Jobsback erects a new regulatory schema under a banner of deregulation. Three key elements are contained in Jobsback. They are tribunal avoidance and the use of the common law, legislatively imposed employment rules to ‘aid’ the transition from an award to a non-award system, and enterprise confinement. The article draws attention to the coalition's views concerning industrial conflict, constitutional issues, transitional problems associated with establishing legislatively imposed workplace rules, minima in workplace agreements, the Office of the Employee Advocate, equality before the law and good faith bargaining.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Roberto Fernández-Villarino ◽  
J. Andrés Domínguez-Gómez

PurposeThis study aims to explore how responsible corporate behaviour, specifically self-imposed financial regulatory control, might subsequently be reflected in the financial performance of companies subject to such regulation.Design/methodology/approachIn this study, the authors aim to explore how financial compliance in the form of the Economic Control Regulation (ECR) has impacted on the financial performance of professional football clubs in Spain. To this purpose, the authors adopted a quasi-experimental before and after study design. This type of design assesses the object of study before and after a specific event in order to determine whether this event has had any effects on the object. In this case, the event was the coming into effect of the ECR in the fiscal year of 2012, and the object hypothetically affected was the clubs’ economic performance.FindingsThe authors can confirm that in general terms and for the whole set of clubs analysed, the ECR has had a strong and positive effect on financial performance.Research limitations/implicationsIn this study, the authors wish to establish a link between the idea of “compliance” and that of “responsible corporate management practice”. It is not just a matter of compliance with the law. The fact of complying with certain laws could, in general terms, or from the point of view of common sense, be qualified as “responsible behaviour”. However, under the contemporary concept of corporate responsibility, compliance with the law is a behaviour that must be taken for granted. Responsibility, therefore, would entail going beyond such expected behaviour to one that exceeds the environment's expectation of the corporate actor.Practical implicationsWhat extent improvements in financial performance have also boosted social performance. Confirming such a positive effect endorses the argument that ethical improvements in corporate culture have a general effect on business sustainability in its different aspects: economic, social, environmental and in governance.Social implicationsThe authors may foresee that the culture of compliance will spread from the finance departments to other management areas. Its connection with ethical business practice is directly linked to the more complex concept of the “citizen company”. There are suggest interesting bases on which professional football clubs might move from a traditional profit-oriented company model towards a more contemporary one oriented towards relationships of integrity with the sport's environment. This study shows that the ECR has been a starting point for the development of Spanish professional football clubs towards this type of “citizen company”.Originality/valueIt was a single-sector study whose principal value lies in the verification of whether responsible economic management (the main consequence of applying the ECR) had any effects on company profits, financial results and other important indicators. In addition to fostering responsibility, this new management model involves a special innovation, as it is based on self-regulation (i.e. on regulations not imposed by national or supranational states), designed and implemented to ensure the sector's viability.


2021 ◽  
Vol 6 (1) ◽  
pp. 16-26
Author(s):  
Anak Agung Istri Agung ◽  
I Nyoman Sukandia

The inheritance and the division of inheritance that is felt to be unfair is often a source of dispute. The disputes that occur can sometimes be resolved by making a peace agreement between the disputing parties. The peace desired by the parties is, of course, expected to end disputes/conflict and to provide legal certainty among those in dispute. However, sometimes peace agreements that have been made between those in dispute are disputed again in court. This study aims to examine the settlement of Balinese traditional inheritance disputes through a binding peace agreement between the parties make it. The method used in this study is a normative legal research, using a statute approach and a case approach. The result of this study showed that the settlement of Balinese indigenous inheritance disputes through a binding peace agreement of the parties that make it if the peace agreement is made based on the validity of the agreement as stipulated in article 1320 of the Civil Code, based on good faith as the principles in the law of the agreement, and must be made in the form of a notary deed is in accordance with the provisions for conciliation in book III of the Civil Code.  


2020 ◽  
Vol 2 (2) ◽  
pp. 112-116
Author(s):  
Elena Shamshilova

The article is devoted to the process of convicts attracting to work as a means of their correction. The main goals of convicts’ employment are outlined, as well as the problems of regulatory control of this process. The data of the Prosecutor’s office on compliance with the law in correctional institutions in the sphere of attracting convicts to work are analyzed. The study of legislation in the field of convicts’ employment revealed fragmentary regulation of this process, which is explained by the consolidation of norms on attracting this category of persons to work in both the Penal and Labor Codes of the Russian Federation. Taking into account the fact that the basis for regulating issues in the sphere of execution of punishments is the Penal Code of the Russian Federation. The author concludes that it is necessary to make changes to the Penal legislation of Russia in the part concerning the organization of convicts attracting to work, as well as by adding rules on their dismissal. In addition, such problems in the sphere of employment of convicts as the lack of jobs, which entails a high level of non-working convicts, and the organization of remuneration that does not correspond to the stated in the labor legislation, were considered. Possible ways to solve these problems are suggested.


2020 ◽  
Vol 9 (26) ◽  
pp. 174-180
Author(s):  
Oleg Volodymyrovych Martselyak ◽  
Vladyslav Volodymyrovych Karelin ◽  
Ihor Mykhailovych Koropatnik ◽  
Rostislav Andriyovych Kalyuzhnyi

The purpose of the article is to investigate the specifics of the object and subject of staffing of the National Police of Ukraine at the regional level based on scientific points of view and regulatory legal acts. Writing the article, the following methods were used: dialectical, logical-semantic, and logical-legal methods. The relevance of the article is in the need to study the essence of the object and subject of staffing of the National Police at the regional level. The subject of the study is the legislation of Ukraine regarding the requirements for a police officer as an object of the police staffing, including at the regional level. The features of object and subject of the police staffing at the regional level are identified in the paper, as well as the restrictions that are currently placed upon the police officer on recruitment. The guarantees, determined by the law and which the police officer can use during the performance of official duties, are analyzed. The legislative requirements for candidates for senior posts are examined. The powers of the head of the territorial police authority are administrative and regulatory in nature, as evidenced by their rights and obligations. The authors concluded that the service in the National Police at the regional level is specific, requires professionalism and compliance with the law, which underlines the urgent need to strengthen staffing in this area. In addition, the author’s opinion of the concepts of the object and subject of staffing of the National Police of Ukraine at the regional level is provided due to the results of the study.


Author(s):  
MARYNA A., REVA O., SHEVCHENKO O.,

В роботі проведено дослідження складових національної безпеки,визначено місце фінансово-економічної безпеки в системі забезпеченнязахисту національних інтересів. Встановлено, що ефективнезабезпечення економічної безпеки досягається за рахунок дотриманнязаконодавства в сфері фінансово-господарської діяльності, щообумовлює важливість вивчення місця правоохоронних органів в системізабезпечення фінансово-економічної безпеки держави. In work the research of components of national security is conducted, theplace of financial and economic safety in the system of ensuring protection ofnational interests is defined. It is established that effective ensuring economicsecurity is reached due to compliance with the law in the sphere of financialand economic activity that causes importance of studying of the place of lawenforcement agencies in the system of ensuring financial and economic safetyof the state.


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