In a world where the implications and consequences of corporate actions and decisions are potentially far-reaching and lasting, ethical standards – their observance and their breach – must be part of the language of business conduct, whether in the context of corporate transgressions, regulatory effectiveness, terms of engagement between business and their stakeholders, or the metrics used by investors in assessing performance and risk and understanding long-term value.This critically important book proposes a new paradigm for understanding, developing and maintaining standards of corporate governance. Its point of departure is not a position along the diverse paths of traditional corporate governance and regulatory theory, law and practice, nor specific questions of how to institute, implement and observe policies and practices that function as proxies for good governance. Instead, it starts with the idea of framing governance generally, and corporate governance specifically, as a matter of conduct that is guided by a set of fundamental ideals and principles. Evolutions in Corporate Governance attempts to answer the wider question of how to re-imagine a framework within which 'good' corporate governance – that takes account of and is responsible for the social, environmental, ethical as well as legal and economic dimensions of business conduct – is addressed alongside issues of profitability and competition, in the face of forces of globalization and business influence that are testing the limits of what can be accomplished by traditional law and regulation. Dempsey contends that meaningful change in behaviour will only come when there is a corporate governance framework that explicitly encompasses both law and ethics. Unlike the British model, much of what is considered to be regulation of the corporate governance of corporate entities in the United States is effected indirectly through the regulation of securities markets pursuant to federal securities law. This distinction is important in locating the appropriate authority for matters of corporate governance when considering and comparing different jurisdictional practices. It is also critical to understanding the fundamental distinction between corporate governance as constitutive and relatively uncontested, as in the British model, and corporate governance as additive and consequently contested as it is in the United States.The departure from the British model resulted from a constitutional divide between federal and state law that prevented Congress in 1930 from adopting a federal model of incorporation that reflected in full the British Companies Act 1929 despite the desire and intention to do so. The United States Supreme Court confirmed the original legislators’ intention to follow the British model in its judgement in Gustafson v. Alloyd Co. 513 U.S. 561 (1995). Supreme Court Justice Kennedy, regarding the proper basis for interpreting the civil liability provisions of the Securities Act 1933, ss. 11 and 12, stated ‘[F]ar from suggesting an intent [sic] to depart in a dramatic way from the balance struck in the British Companies Act, the legislative history suggests an intent to maintain it’.Instead, Congress proceeded with an accommodation of federal and state constitutional jurisdiction in the form of the 1933 Securities Act that seeks to regulate the governance of companies indirectly by means of direct regulation of the sale of securities. That is, using the federal jurisdiction over the market for the sale and exchange of securities, as a means to attach corporate governance requirements as between offerer and purchaser of shares.
Men dominated the Senate and the House of Representatives for the first 128 years of the United States history until Jeannette Rankin became the first female congresswoman in 1917. This phenomenological study included in-depth interviews with 20 women of the 111th United States Congress. The critical mass theory and the token status theory are 2 theories to explore the negative environment and stereotyping that undermine a woman's performance and leadership. The participants were selected through a snowballing technique. A modified Van Kaam method was used to analyze the data by grouping similar ideas, identifying key points, and relating concepts and developing themes and constructs. Four themes emerged from the study: perseverance, mentorship, teamwork, and leadership. Perseverance was a strategy to bill passage. Being labeled as the gender minority encouraged the congresswomen to persevere not only for their success but also for their country and the multitude of women depending on them. Women in leadership positions facilitated and encouraged their political parties to prioritize issues related to women such as childcare, gender equality, and equal pay. Teamwork was quintessential to the passage of legislation. Members of the United States congress were able to form alliances and develop sustainable relationship through bill sponsorship. Social implications include the ability to provide guidance to women who aspire to engage in leadership roles and to provide organizations with information to create leadership development programs that focus on career paths for women seeking leadership positions in industries in which women are underrepresented.
accountability, Compliance, Grants, lifecycle, Recipients, transparency, and Business
Improper grants payments stemming from weaknesses in business processes have been a focus of the U.S. president, Congress, and federal and state governments since 2009. Researchers have demonstrated that the internal control weakness at the federal, state, and local government level has contributed to the problem of compliance. The Office of Management and Budget issued federal rules effective in December 2014 to address the problem of federal award compliance. Despite these measures, there is a gap in the literature on strategies for recipients of federal grants to meet compliance requirements. The purpose of the qualitative descriptive study was to explore how recipients can satisfy compliance requirements across the full life cycle of their grants. Systems thinking and compliance theories were selected to analyze data. Participants were 20 certified grants management specialists. The research questions included inquiry on the strategies for federal award compliance. Described were participants' strategies to improve business processes for grant compliance. Emergent thematic findings included staff and leadership trainingÂ as participants' main strategy for complying with uniform requirements, while written policies and procedures and use of grant management softwareÂ emerged as secondary strategies. Grant managers may benefit from learning about the strategies described in this study by implementing business process improvements in their organizations. Compliant recipients of grants may have a positive effect on social change with more grant funds becoming available to states, local governments, higher education, and nonprofit organizations for the public good.
Bureacracy, Constraints, Leadership, Management, Procedures, Process, Business, Business Administration, Management, and Operations, and Management Sciences and Quantitative Methods
The United States Congress mandated the Secretary of Defense develop a strategy to streamline the joint capabilities integrated development system (JCIDS). The purpose of this qualitative single case study was to explore strategies that senior U.S. Army Commanders might use to reduce the approval time for an acquisition category (ACAT) III need document in the JCIDS. Data came from historical documents and semistructured interviews of 30 ACAT III requirement writers and senior U.S. Army commanders with expertise in JCIDS. The conceptual framework was Goldratt's theory of constraints. Miles, Huberman, and Saldana's data analysis method was used to identify themes. Six themes emerged that yielded 6 possible strategies to reduce approval time: (a) define and implement an objective goal, (b) simplify the process and decrease redundancy by reducing or eliminating irrelevant levels of review, (c) determine the optimum number of reviews necessary for the desired outcome, (d) determine if the Chief of Staff of the Army should be the approving authority for an ACAT III need document, (e) determine the appropriate offices and individuals that should be consulted about the need document during the world wide review process, and (f) enhance training for JCIDS personnel participating in the ACAT III need approval process. The study findings may contribute to positive organizational and social change by potentially saving U.S. taxpayer funding and by enhancing the combat efficiency of the U.S. Army, thereby increasing the safety and security of the United States and its citizens.
ACA, Healthcare, Obamacare, PCMH, Physicians, PPACA, Business, and Health and Medical Administration
For several decades, the cost of medical care in the United States has increased exponentially. Congress enacted the Patient Protection and Affordable Care Act (PPACA) of 2010 to ensure affordable healthcare to the citizens of the United States. The purpose of this case study was to explore physicians' perspectives regarding physician-centric business models evolving under the requirements of PPACA legislation. Complex adaptive systems formed the conceptual framework for this study. Data were gathered through face-to-face, semistructured interviews and e-mail questionnaires with a purposeful sample of 20 participants across 14 medical specialties within Northeast Texas. Participant perceptions were elicited regarding opinions of PPACA legislation and the viability of business models under the PPACA. In addition, a word cloud was used to identify 3 prevalent or universal themes that emerged from participant interviews and questionnaires, including (a) use of mid-level practitioners, (b) changes to provider practices, and (c) lack of business education. The implications for positive social change include the potential to develop innovative models for the delivery of medical care that will improve the health of the aggregate population. Healthcare leaders may use the findings to advance the evolution of physician business models that meet the needs of healthcare stakeholders. These findings may also inform healthcare leaders of the need to develop cost-effective and innovative organizational models that are distinct to individual patient populations.
healthcare, hospitals, nonprofit, PPACA, reform, sustainability, Business, Business Administration, Management, and Operations, and Management Sciences and Quantitative Methods
Healthcare spending in the United States has continued to rise with annual healthcare cost of $3.8 trillion in 2014. While costs and the population continue to rise, resources continue to dwindle. Consequently, Congress has imposed various price controls and healthcare reform measures over the past 20 years, including the recent Patient Protection and Affordable Care Act (PPACA), which aims to decrease spending while enhancing quality and safety of care delivery. As a result of the implementation of the PPACA, 34 million additional Americans may be eligible for healthcare in a system already needing additional resources, increased access to care, and strategies to offset increasing operational and fiscal challenges. The purpose of this descriptive study was to explore what strategies and changes 10 executive leaders of the nonprofit hospitals in Maryland used to address the operational and fiscal challenges of the PPACA. The conceptual framework for this study was built upon the general systems theory. The data were collected through semistructured interviews, cataloged and coded, analyzed using a modified van Kaam method, and reviewed by participants as part of member checking process. The findings revealed 3 emergent themes: investment in IT resources to support an EMR system, strategies to address healthcare workforce challenges, and strategies for sustainability for managed care outpatient services and patient safety and quality of care. The findings impact social change by presenting policies and processes that medical professionals can use to support local and national health care reform.