Alan R. Friedman, Dani R. James, Gary P. Naftalis, Paul H. Schoeman and Chase Henry Mechanick
To analyze the U.S, Supreme Court’s decision in Liu v. S.E.C., 140 S. Ct. 1936 (2020) and its potential implications for insider trading cases.
Abstract
Purpose
To analyze the U.S, Supreme Court’s decision in Liu v. S.E.C., 140 S. Ct. 1936 (2020) and its potential implications for insider trading cases.
Design/Methodology/Approach
Provides context on the history of disgorgement in SEC enforcement proceedings; discusses factual and procedural background underlying the Liu decision; summarizes the Court’s opinion and rationale, with a particular focus on the Court’s pronouncements regarding the permissible scope of SEC disgorgement as an equitable remedy; identifies and explores three possible issues in insider trading cases that may be affected by the Court’s narrowing of SEC disgorgement.
Findings
In Liu, the Supreme Court narrowed SEC disgorgement by stating that, as a general matter, SEC disgorgement is not permitted where: (1) the proceeds are not remitted to investors; (2) one defendant is made to disgorge profits that were received by someone else; or (3) the amount of disgorgement fails to deduct legitimate business expenses, in each case subject to possible exemptions as outlined by the Court.
Practical implications
This rule may call into question whether courts may: (a) order disgorgement against insider traders, given the difficulty of identifying investors who have been harmed; (b) order insider traders to disgorge profits earned by others on account of their violations; or (c) order insider traders to pay civil penalties under Section 21 A of the Exchange Act based on profits earned by others.
Originality/Value
Expert analysis and guidance from experienced securities enforcement lawyers with expertise in insider trading.
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Loreta Tauginienė and Jolanta Urbanovič
This chapter guides the reader to an understanding of social responsibility in educational settings, namely on school/university social responsibility (USR). The phenomenon of…
Abstract
This chapter guides the reader to an understanding of social responsibility in educational settings, namely on school/university social responsibility (USR). The phenomenon of social responsibility in these settings is nuanced when encountering stakeholders, either external or internal. This chapter conceptualizes school/USR and describes related stakeholders and their management strategies. In addition to this, the chapter discusses eight transition lines of stakeholders developed on the expectations of stakeholders, the degree and the format of engagement and impacts on society and institutions: pupil–student; teachers-academics; parents; alumni; future employers; business sector; funding providers; and society at large. It concludes that a managerial pattern while implementing social responsibility by involving stakeholders differs by educational setting. This is to say that school social responsibility is rather carried out through process, whereas USR concerns both process and outputs. This distinction results in introducing the definition of school/USR as a commitment toward performance based on ethical and other conventional principles that are respectively substantiated in the mission, values and related activities in the interplay with all possible stakeholders in order to create social value foremost.
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Edward O. Akoto, Eunice V. Akoto and Justice N. Bawole
After several years of political emancipation from colonial rule, it is time for African nations to do the same economically. Our analysis indicates that the current political…
Abstract
After several years of political emancipation from colonial rule, it is time for African nations to do the same economically. Our analysis indicates that the current political leadership environment is VUCA laden and complicated, leading to grand challenges on the continent. Therefore, the old political leadership models are inadequate for addressing the African VUCA and leadership landscape, hence, the inability to achieve the needed economic advancement. We propose a paradigm shift in political leadership for the continent to bring the decades-long desire for economic freedom to fruition by adopting the relevant organizational science and corporate leadership models for political leadership effectiveness in this complex and dynamic environment. We accomplish this by integrating three frameworks to derive nascent management and leadership capabilities relevant to the new African political leadership context and to ensure current and future leadership readiness for this new environment.
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Aslib Library holds a collection of thesauri, subject headings and classification schemes which are used to answer members' enquiries about the existence of schemes for particular…
Abstract
Aslib Library holds a collection of thesauri, subject headings and classification schemes which are used to answer members' enquiries about the existence of schemes for particular subject fields and many of which are available on loan for two weeks. Our policy is to acquire all significant English language publications and bilingual or multilingual items with English as one of the languages.
The purpose of this paper is to provide a survey piece on the concept of privacy and the justification of privacy rights.
Abstract
Purpose
The purpose of this paper is to provide a survey piece on the concept of privacy and the justification of privacy rights.
Design/methodology/approach
This article reviews each of the following areas: a brief history of privacy; philosophical definitions of privacy along with specific critiques; legal conceptions of privacy, including the history of privacy protections granted in constitutional and tort law; and general critiques of privacy protections both moral and legal.
Findings
A primary goal of this article has been to provide an overview of the most important philosophical and legal issues related to privacy. While privacy is difficult to define and has been challenged on legal and moral grounds, it is a cultural universal and has played an important role in the formation of Western liberal democracies.
Originality/value
The paper provides a general overview of the issues and debates that frame this lively area of scholarly inquiry. By facilitating a wider engagement and input from numerous communities and disciplines, it is the authors' hope to advance scholarly debate in this important area.
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Adamu Sa'ad Madaki, Kamsuriah Ahmad and Dalbir Singh
This paper examines factors influencing successful information technology (IT) integration in developing countries’ e-government sectors, analyzing benefits and challenges to…
Abstract
Purpose
This paper examines factors influencing successful information technology (IT) integration in developing countries’ e-government sectors, analyzing benefits and challenges to understand interconnections among factors. This study aims to overcome barriers and maximize benefits, contributing to advancing knowledge and effective IT integration implementation practices, to enhance service delivery.
Design/methodology/approach
This paper uses interpretive philosophy and qualitative methods to explore factors affecting IT integration implementation. Using systematic literature review, it identifies key knowledge, insights and future research directions, contributing to theory enrichment through model development elucidating IT integration factors influencing IT integration implementation in the e-government public sector and its broader ecosystem.
Findings
The findings indicate that while IT integration implementation enhanced efficiency, data security and service delivery, implementation challenges such as resource constraints, resistance to change and interoperability issues, exacerbated by the COVID-19 pandemic’s impact on remote and hybrid work, are evident. Unique to Nigeria are public trust and unreliable power supply issues, significantly impacting service delivery. Notably, the study emphasizes the interconnection between these challenges and benefits, illustrating the complexity of IT integration in the e-government public sector, aligning with similar findings in the literature on other countries.
Research limitations/implications
Limitations include regional variations and a narrow temporal scope, impacting generalizability. Methodological choices may affect inclusivity, and contextual factors might not be fully captured. Policymakers can use findings for targeted strategies, while collaboration fosters understanding and monitoring ensures sustained success.
Originality/value
The study’s originality lies in its comprehensive examination of IT integration in the e-government sector, especially in developing countries like Nigeria. Through a systematic review from 2004 to 2024, it identifies unique challenges and benefits, emphasizing management’s role and proposing innovative frameworks for future research.