John P. Nowak, Thomas A. Zaccaro and Katherine K. Solomon
The purpose of this article is to highlight a recent settlement by the United States Securities and Exchange Commission (the “SEC”) in which it alleged that a regulated entity…
Abstract
Purpose
The purpose of this article is to highlight a recent settlement by the United States Securities and Exchange Commission (the “SEC”) in which it alleged that a regulated entity failed to supervise a representative principally because the entity did not establish clear guidance as to how its personnel should investigate red flags of a representative’s potential misconduct (e.g., how to follow up on the red flags and define the scope of any inquiry).
Design/methodology/approach
This article provides an overview of failure-to-supervise liability for broker-dealers and investment advisers, and highlights key takeaways from the SEC’s recent enforcement resolution that may be applied in establishing compliance procedures relating to internal investigations going forward.
Findings
The article concludes that the SEC appears to expect regulated entities to implement procedures guiding employees on “how to investigate” suspicious activity. Companies, however, should define such procedures in general terms to allow for flexibility in investigations, which can present unique or unforeseen situations. Internal procedures must also account for and preserve attorney-client privilege and attorney work product protections.
Originality/value
This article provides expert analysis and practical guidance from experienced lawyers in the Investigations and White Collar Defense and Securities Enforcement practices
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To date, many environmental policy discussions consider inequalities between groups (typically by comparing the average or aggregate resource use of one group to another group)…
Abstract
To date, many environmental policy discussions consider inequalities between groups (typically by comparing the average or aggregate resource use of one group to another group), but most ignore disproportionalities within groups. Disproportionality, as discussed in a small but growing body of work, refers to resource use that is highly unequal among members of the same group, and is characterized by a positively skewed distribution, where a small number of resource users create far more environmental harm than “typical” group members. Focusing on aggregated or average impacts effectively treats all members of a group as interchangeable, missing the few “outliers” that actually tend to be responsible for a large fraction of overall resource use. This chapter offers reasons why we should or should not expect disproportional production of environmental impacts (from both mathematical and sociological perspectives), looks at empirical evidence of disproportionality, and offers a framework for detecting disproportionality and assessing just how much difference the outliers make. I find that in cases where the within-group distribution of resource use is highly disproportionate (characterized by extreme outliers), targeting reduction efforts at the disproportionate polluters can offer opportunities to decrease environmental degradation substantially, at a relatively low cost.
Gives introductory remarks about chapter 1 of this group of 31 papers, from ISEF 1999 Proceedings, in the methodologies for field analysis, in the electromagnetic community…
Abstract
Gives introductory remarks about chapter 1 of this group of 31 papers, from ISEF 1999 Proceedings, in the methodologies for field analysis, in the electromagnetic community. Observes that computer package implementation theory contributes to clarification. Discusses the areas covered by some of the papers ‐ such as artificial intelligence using fuzzy logic. Includes applications such as permanent magnets and looks at eddy current problems. States the finite element method is currently the most popular method used for field computation. Closes by pointing out the amalgam of topics.
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John Xeller and David J. Atkin
President Obama embraced social media and remains one of the most followed persons on Twitter. The focus of this study is twofold: to assess how the President’s use of Twitter…
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President Obama embraced social media and remains one of the most followed persons on Twitter. The focus of this study is twofold: to assess how the President’s use of Twitter affected (a) Millennials’ perception of Obama and (b) Millennials’ interest and likelihood to participate in the political process. Study findings provide support for a model derived from information processing theory. Results also suggest that message orientation (or perceived favorability) predicted source credibility, which stems from message content as well as the Twitter medium by which the message was delivered. Implications for study findings – including optimal strategies for cultivating a social media presence – are discussed.
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Political dissent threads through the history of the Olympic Games. Although the International Olympic Committee (IOC) openly prohibits athletes from injecting politics into the…
Abstract
Political dissent threads through the history of the Olympic Games. Although the International Olympic Committee (IOC) openly prohibits athletes from injecting politics into the Games, Olympians have nevertheless staged protests, using the Olympics to challenge the predominant power structures and institutions. This chapter analyzes outbursts of athlete activism in the context of wider social movements that make these political paroxysms more viable. Social movements scythe political space for athletes, spark athletes' political imaginary, and provide support and cover. From the early days of the Games, Olympic athletes have expressed dissent, as when Irish track-and-field athlete Peter O'Connor rebelled against British colonialism at the 1906 Olympics in Athens. At the Mexico City 1968 Games, Czech gymnast Vera Čáslavská carried out a politically symbolic acts as did US sprinters John Carlos, Tommie Smith, and Wyomia Tyus. At the 1972 Munich Games, US track medalists Vincent Matthews and Wayne Collett protested in nonchalant fashion on the medal stand. At the 1980 Olympics, Polish Olympian Władysław Kozakiewicz issued politically provocative symbology on the pole vault mat that challenged Soviet hegemony. In the twenty-first century, numerous Olympians have made political statements, despite a rule in the Olympic Charter that forbids such activity. In each case, athlete activists were bolstered by vibrant political movements in their home country. In this chapter, I trace the relationship between political Olympians and social movements as well as the wider dialectic of resistance and restriction that encompasses the interplay between dissident Olympians and the IOC.
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Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some…
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Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some legal aspects concerning MNEs, cyberspace and e‐commerce as the means of expression of the digital economy. The whole effort of the author is focused on the examination of various aspects of MNEs and their impact upon globalisation and vice versa and how and if we are moving towards a global digital economy.
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Purpose – This chapter uses evolutionary theory to determine if certain aspects of political thinkers’ societal visions might comport with human nature…
Abstract
Purpose – This chapter uses evolutionary theory to determine if certain aspects of political thinkers’ societal visions might comport with human nature.
Design/methodology/approach – This chapter summarizes the political views of two thinkers and then applies our evolutionary understanding of altruism/cooperation to determine if their views can in any way be considered consistent with human nature.
Findings – The chapter explores the underlying commonality between individualist anarchism and anarcho-communism. There is a subtle but credible relationship between these two libertarian perspectives through the evolution of cooperation in its several manifestations. It can be said that the key tenets of Max Stirner and Peter Kropotkin are underlain by evolutionary impulses, thus rendering their claims of cooperation and sociality plausible.
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Aycan Kara and Mark F. Peterson
Many international management scholars have expressed concern about whether societal culture changes so rapidly that research which attempts to represent it has little utility. We…
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Many international management scholars have expressed concern about whether societal culture changes so rapidly that research which attempts to represent it has little utility. We address this fundamental concern of international management by providing three theoretical lenses to examine the forces that produce and maintain a society's culture: functional theory, neo-institutional theory and complexity theory. We consider principles of progressive change and problems of social psychology from functional theory, the three pillars and conflicting institutional logics of neo-institutional theory and the ideas of stable equilibrium, oscillations and chaos of dynamic systems from complexity theory. Although these three theoretical lenses sometimes produce conflicting explanations of culture change, they often complement each other. Together, they provide a more realistic picture of the dynamics of the societal cultural milieu of organizations than do cultural representations that favour stability or those that completely discount the utility of any attempt at representing cultural continuity.