Managers of contemporary organizations are continually examining modernmanagement techniques with a view to adopting best management practicesand thus gain competitive advantage…
Abstract
Managers of contemporary organizations are continually examining modern management techniques with a view to adopting best management practices and thus gain competitive advantage. The danger is that managers will adopt a functional stance and consider only narrowly defined management techniques contained within a functional specialism, for example finance or operations management, considering the inter‐functional implications of developing a particular technique. Describes activity‐based costing/management, total quality management and quality costing and considers the extent to which these techniques are interdependent and appropriate for a total quality organization.
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A key to economic success is that a company should be clear about itspurpose. Existing methods of reporting company performance have provedinadequate. The missing link could be…
Abstract
A key to economic success is that a company should be clear about its purpose. Existing methods of reporting company performance have proved inadequate. The missing link could be incorporating mission statements to share the mission/purpose of the organization with the end‐users. Describes the essential features of mission statements using 13 variables. Reports on research into about 200 UK‐based European companies. Analyses their scores in terms of the 13 variables, and finds they leave much to be desired. Concludes that, for company reporting to be improved, a TQM approach needs to be adopted.
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James Kirkbride, Steve Letza and Clive Smallman
The purpose of this paper is to compare the response in the UK, the USA and China to the need to provide effective protection in law to disgruntled minority shareholders.
Abstract
Purpose
The purpose of this paper is to compare the response in the UK, the USA and China to the need to provide effective protection in law to disgruntled minority shareholders.
Design/methodology/approach
The study draws upon official comment and case law across the three jurisdictions in order to assess the scope and availability of minority actions.
Findings
The importance of shareholder rights through alternative actions is an important aspect of controlling the behaviour and actions of the Board of Directors and an important part of corporate governance. This paper seeks to compare the development and scope of derivative rights in the UK, the USA and in China and provides an assessment and insight into the differences in approach and in the political and legal structures with the consequent likely impact on the role and contribution of derivative claims in the control and governance of Boards in the different jurisdictions.
Originality/value
The study should prove of interest to scholars of comparative corporate law.
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James Kirkbride, Steve Letza and Dujuan Yuan
The purpose of this paper is to examine the practical and legal challenges and barriers to the development of a private action in antitrust controls and to project those onto a…
Abstract
Purpose
The purpose of this paper is to examine the practical and legal challenges and barriers to the development of a private action in antitrust controls and to project those onto a consideration of the development of such rights of action through a case study of Brazil.
Design/methodology/approach
The paper provides a critical review of both the theoretical and practical barriers to the development of private rights of action, drawing upon the history of development in both the USA and in Europe and the regular considerations of policy and law making, through debate at the Organisation for Economic Co‐operation and Development. This comparative and historical analysis is projected into models of design and delivery for consideration by law makers.
Findings
Despite the different legal traditions and policy considerations of the different jurisdictions, the fundamental design of a common action pan‐jurisdictions and outwith conflict of law principles might be possible. The paper proposes a design framework to facilitate and achieve this. The case‐study of Brazil presents an interesting and recent context, and illustration, of this process.
Practical implications
The paper provides an historical and comparative account of the development of private rights actions in this area and provides, to the law maker, a framework and set of legal principles and practical enforcement and design guidelines. This framework and its guidelines should assist those countries seeking to introduce such rights of action in the policy area of antitrust control.
Originality/value
The historical and comparative approach draws together in one paper a contemporary global position in this area of law development.
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For many, quality circles have been a struggle, total quality management has been something to “get around to one day” and continuous improvement has just been another expression…
Abstract
For many, quality circles have been a struggle, total quality management has been something to “get around to one day” and continuous improvement has just been another expression meaning total quality management, which, of course is something that we will “get around to one day”. Worse, the acronyms used ‐ QC, TQM, CI ‐ have joined such exotic practices as JIT (Just‐in‐Time inventory), CAD‐CAM (computer‐aided development and manufacturing) and more recently BPR (business process re‐engineering) in an alphabet soup of consultant‐led packages, available to the discerning manager ‐ at a price.
That someone can make you feel good is a quality in itself. There has been much talk within British government circles for example, about the feel‐good factor, which is constantly…
Abstract
That someone can make you feel good is a quality in itself. There has been much talk within British government circles for example, about the feel‐good factor, which is constantly reminding us that it is just around the corner! Whether or not we can believe in this is another matter, but it certainly displays an awareness that making other people feel good can also have positive benefits for you. How this can be achieved will differ depending on your particular line of business. Having a good quality product does not in itself guarantee success as service quality must also be taken into account. This is where the feel‐good factor comes into play. It is all very well, for example, going to a restaurant to have a top class meal, in that the food was good, only to have it thrown at you. Quality, therefore, must not be seen as a separate entity, but more as a package deal.
This paper aims to investigate how bank governance can be altered to reduce risk taking and engender greater financial stability.
Abstract
Purpose
This paper aims to investigate how bank governance can be altered to reduce risk taking and engender greater financial stability.
Design/methodology/approach
The paper reviews existing bank governance arrangements, contemporary challenges and alternative reforms.
Findings
It is argued that recent reforms are incomplete. Greater countervailing incentives for bank managers and shareholders are required. This prompts an inquiry into the merits and demerits of four types of reform: changes to executive compensation arrangements; the introduction of a liability standard for directors; the removal of limited liability for bank shareholders; and a criminal offence for managers.
Originality/value
Discussion illumines several problems with the current approach to bank governance and provides insights that can help direct future reform.
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The purpose of this paper is to examine from a comparative perspective, the impact of structural banking reforms on the legal frameworks for the corporate governance of credit…
Abstract
Purpose
The purpose of this paper is to examine from a comparative perspective, the impact of structural banking reforms on the legal frameworks for the corporate governance of credit institutions.
Design/methodology/approach
This facilitates a functional analysis of the resulting corporate governance structures, which in turn provides the basis for an analysis of conceptual concerns with regard to the independence of the separate entity.
Findings
The paper points out that structural banking reforms come with significant implications for existing corporate governance structures of credit institutions. The resulting corporate governance structures rise conceptual concerns with regard to both the effectiveness of the independence of the separate entity and the objectives of structural banking reforms generally.
Practical implications
The paper shows that the implementation of structural banking reforms is a complex operational issue and process for the banking groups and the regulators. The challenge will be to establish and upheld the ring fence in a way to lower the risk of intra-group contagion. There is a great need for regulatory and supervisory policies that reinforce the settled ring fence obligations.
Originality/value
This paper’s value lies in providing analysis of the implications of structural banking reforms for the corporate governance of credit institutions. The relevant statutory frameworks as such set only the core components of the new structure. Defining and implementing the design is left to the discretion of the regulators.
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This paper aims to demonstrate how the European regulatory structure of the financial markets has changed after the financial crisis. Drawing from these findings, it discusses how…
Abstract
Purpose
This paper aims to demonstrate how the European regulatory structure of the financial markets has changed after the financial crisis. Drawing from these findings, it discusses how the regulatory system might change and be adapted to a post-Brexit financial market.
Design/methodology/approach
The paper takes a systematic/legal approach. First, it analyses the recent reform against the background of European law and corresponding research. In a second step, it discusses the implications of Brexit by examining policy and legal contributions.
Findings
The changes to the European regulatory and supervisory structure of the financial markets have proven to be a pacemaker for European administrative and treaty law. Long-standing principles have fundamentally changed. Brexit, on the other hand, even though equally severe might not lead to similar results.
Practical implications
The paper proposes a limited reform to the existing regulatory structure to consolidate developments, ease constitutional frictions and enable the regulatory authorities to react quickly to volatile markets via rule making.
Originality/value
The paper draws attention to an almost unnoticed development in European law. It also illustrates the effects of Brexit on the European financial markets.