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Article
Publication date: 29 August 2018

Brad Karp, Andrew Ehrlich, Lorin Reisner, Audra Soloway, Richard Tarlowe, Maia Lichtenstein and Peter Vizcarrondo

This paper aims to explain the US Supreme Court’s ruling in Kokesh v. SEC, which limited the U.S. Securities and Exchange Commission’s (SEC) ability to seek the remedy of…

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Abstract

Purpose

This paper aims to explain the US Supreme Court’s ruling in Kokesh v. SEC, which limited the U.S. Securities and Exchange Commission’s (SEC) ability to seek the remedy of disgorgement and to examine how lower courts have applied the ruling to other types of equitable relief that that the SEC commonly pursues.

Design/methodology/approach

This study explains why the Supreme Court in Kokesh ruled that disgorgement is a “penalty” and that the five-year limitations period therefore was applicable to actions seeking disgorgement; discusses a footnote in Kokesh that left open the question of whether the SEC has the power to pursue disgorgement at all; and reviews four recent cases that grapple with the application of Kokesh to injunctions and lifetime bars.

Findings

Lower courts and the SEC have not settled on how Kokesh might impact equitable remedies commonly pursued by the SEC, but recent cases indicate that the effect of Kokesh may be broader than its narrow holding suggests.

Originality/value

Practical guidance from experienced white collar and regulatory defense lawyers that consolidates several recent developments in one piece.

Details

Journal of Investment Compliance, vol. 19 no. 3
Type: Research Article
ISSN: 1528-5812

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Book part
Publication date: 21 September 2015

Brad Barber and Bronwen Lichtenstein

U.S. health policy promotes HIV testing and linkage to care (test-and-treat) with an emphasis on high risk groups such as convicted offenders. We sought to identify whether or not…

Abstract

Purpose

U.S. health policy promotes HIV testing and linkage to care (test-and-treat) with an emphasis on high risk groups such as convicted offenders. We sought to identify whether or not laws for mandatory HIV disclosure to sexual partners are a barrier to HIV testing among offenders under community supervision.

Methodology/approach

A total of 197 probationers and parolees were surveyed in a closed/item-open-ended item methodology on two reporting days in Alabama. Three main questions were asked: (1) What do offenders know about HIV? (2) What do they know about the law? (3) Do they support mandatory disclosure and HIV testing? Data for the quantitative items were analyzed with SPSS and matched with open-ended responses for explanatory purposes.

Findings

Testing and criminalization of non-disclosure were fully supported as key elements of HIV prevention. This support was framed by conceptions of HIV as a killer disease, of people with HIV as potential murderers, and by low self-awareness of HIV risk.

Social implications

While the study involved only a single group of convicted offenders in a southern state, the results suggest that disclosure laws legitimize HIV stigma and undermine test-and-treat strategies among communities at risk.

Originality/value

The research is the first of its kind to investigate possible links between HIV criminalization and barriers to HIV prevention and care among convicted offenders.

Details

Education, Social Factors, and Health Beliefs in Health and Health Care Services
Type: Book
ISBN: 978-1-78560-367-9

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Article
Publication date: 21 June 2023

Brad C. Meyer, Daniel Bumblauskas, Richard Keegan and Dali Zhang

This research fills a gap in process science by defining and explaining entropy and the increase of entropy in processes.

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Abstract

Purpose

This research fills a gap in process science by defining and explaining entropy and the increase of entropy in processes.

Design/methodology/approach

This is a theoretical treatment that begins with a conceptual understanding of entropy in thermodynamics and information theory and extends it to the study of degradation and improvement in a transformation process.

Findings

A transformation process with three inputs: demand volume, throughput and product design, utilizes a system composed of processors, stores, configuration, human actors, stored data and controllers to provide a product. Elements of the system are aligned with the inputs and each other with a purpose to raise standard of living. Lack of alignment is entropy. Primary causes of increased entropy are changes in inputs and disordering of the system components. Secondary causes result from changes made to cope with the primary causes. Improvement and innovation reduce entropy by providing better alignments and new ways of aligning resources.

Originality/value

This is the first detailed theoretical treatment of entropy in a process science context.

Details

International Journal of Productivity and Performance Management, vol. 73 no. 5
Type: Research Article
ISSN: 1741-0401

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Case study
Publication date: 6 March 2025

Yashodhan Kishor Karulkar, Ananya Prabhu and Helly Desai

This case is written on the basis of available secondary data sources including news articles, book chapters, video (YouTube) interviews, research papers and industry reports.

Abstract

Research methodology

This case is written on the basis of available secondary data sources including news articles, book chapters, video (YouTube) interviews, research papers and industry reports.

Case overview/synopsis

The case study examines Taylor Swift’s professional journey from her debut in the mid-2000s to the present, highlighting her notable accomplishments as a singer-songwriter and entrepreneur. Swift’s success in music, evident through chart-topping albums, sold-out tours and strategic partnerships, positions her as a significant figure in the industry. However, her primary challenge involves maintaining relevance and staying ahead in a continually evolving environment. To sustain her leadership role, Swift must consistently innovate across music, public image and promotional approaches. This entails adapting to changing trends, using digital platforms for increased audience engagement and exploring themes such as audience connection, brand evolution, effective marketing and the ongoing pursuit of competitiveness and influence amid dynamic market conditions. This case delves into Taylor Swift’s evolution as a multifaceted entrepreneur, exploring her strategies to merge personal values with commercial success while navigating public scrutiny and market demands. It highlights her strategic use of social media, engagement with controversies and carefully crafted personal brand to maintain her global influence.

Complexity academic level

This case may be taught in advanced undergraduate level courses or graduate level courses such as MBA. This case is appropriate for students studying entrepreneurship, marketing and business strategy.

Details

The CASE Journal, vol. ahead-of-print no. ahead-of-print
Type: Case Study
ISSN: 1544-9106

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