Self-Regulation - Criticisms and a Response

Article Abstract:

Criticisms have been directed against the AICPA program of regulation of the accounting profession. Government regulation, peer regulation and private regulation are three distinct levels of control. Government regulation is visible and involuntary. Peer regulation needs to call for standards above minimum and is voluntary. Private regulation is voluntary, invisible, but the most productive. These levels are complementary, not competitive. The major benefit of peer reviews is education, not punishment. There is also the discipline of a firm documenting its quality control for the peer review. The executive committee is given the power to impose a variety of sanctions on a firm for disciplinary purposes. These sanctions have never been used. Examples of peer reviews of firms found to be deficient in quality control illustrate corrective actions taken that made imposition of sanctions unnecessary. Often sanctions are imposed on the private regulation level rendering peer review sanctions unnecessary. Confidentiality is a complex issue and should be retained despite criticisms. There is a public image problem for auditors, though the fact is that the majority of auditors would be dissatisfied with less than professional work.

Accounting and auditing, Public finance, Advertising, Professional ethics, Government accounting, Advertising law, American Institute of Certified Public Accountants

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Judicial rulemaking: criticisms and cures for a system in crisis

Article Abstract:

The US Supreme Court should be removed from the federal judicial rule-making process to promote fairness and impartiality, and judicial rules should be reviewed by an independent commission and approved by Congress. The Court's active participation has increased conflicts between the Court and Congress. The Court may still be involved in assessing the constitutionality of changes to procedural rules. The commission, which would be patterned after the US Sentencing Guidelines Commission, would be composed of members selected by the Court and confirmed by the Senate. Members of the federal judiciary would be present on the commission.

Powers and duties, Judicial process, Court rules, United States. Supreme Court

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The legal response to the wide-spread poisoning of farmworkers from pesticide exposure

Article Abstract:

Legal remedies to farm workers injured by pesticide exposure could be improved by making the laws protecting farm workers more uniform, by promoting use of alternatives to pesticides and by implementing a system of national monitoring. Farm workers often lack the ability to seek redress because of federal preemption, difficulty in proving causation and lack of workers compensation coverage. Injuries are left unreported because of these difficulties and the fear that reporting will result in job loss.

Pesticide and Other Agricultural Chemical Manufacturing, Pesticides & Other Ag Chemicals, Agricultural chemicals, not elsewhere classified, Cases, Product liability, Products liability, Pesticides, Agricultural laborers

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