Matt T. Morley, Jeffrey B. Maletta, Michael J. King, Robert V. Hadley, Matthew J. Fader and Brian F. Saulnier
The purpose of this paper is to explain and emphasize the importance of compliance with the Foreign Corrupt Practices Act and similar anti‐corruption laws in force in other…
Abstract
Purpose
The purpose of this paper is to explain and emphasize the importance of compliance with the Foreign Corrupt Practices Act and similar anti‐corruption laws in force in other countries.
Design/methodology/approach
The paper cites renewed pressure to address corruption risks from regulatory and other sources, and recommends compliance steps a firm can take to reduce the risk of legal liability.
Findings
FINRA has identified FCPA compliance as an examination priority for 2009, the UK Financial Services Authority (FSA) has recently taken a high‐profile disciplinary action against a firm for inadequate training and due diligence as to bribery and anti‐corruption risks, and FCPA enforcement is expected to remain a priority for the Obama Administration.
Originality/value
The paper presents practical guidance from experienced securities lawyers.
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At the turn of the 20th-century railroad regulation was hotly debated in the United States. Railways were accused of abusing of their monopolistic position, in particular by…
Abstract
At the turn of the 20th-century railroad regulation was hotly debated in the United States. Railways were accused of abusing of their monopolistic position, in particular by discriminating rates. Public opinion’s pressure for tighter regulation led to the 1906 enactment of the Hepburn Act, which strengthened the powers of the Interstate Commerce Commission. American economists actively participated in the debate. While most of them sided with the pro-regulation camp, the best economic analysis came from those who used the logic of modern law and economics to demonstrate how most railroads’ practices, including rate discrimination, were simply rational, pro-efficiency behavior. However, as relatively unknown Chicago University economist Hugo R. Meyer would discover, proposing that logic in public events could at that time cost you your academic career.
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Hannah R. Marston, Linda Shore, Laura Stoops and Robbie S. Turner
Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way…
Abstract
Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.
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This paper aims to chart the influence of McCarthyism and of FBI surveillance practices on a number of prominent American social scientists, market researchers, opinion pollsters…
Abstract
Purpose
This paper aims to chart the influence of McCarthyism and of FBI surveillance practices on a number of prominent American social scientists, market researchers, opinion pollsters and survey research practitioners during the post-war years. Hitherto disparate sets of historical evidence on how Red Scare tactics influenced social researchers and marketing scientists are brought together and updated with evidence from original archival research.
Design/methodology/approach
The paper draws on the existing secondary literature on how social research practitioners and social scientists reacted to the unusually high pressures on academic freedom during the McCarthy era. It supplements this review with evidence obtained from archival research, including declassified FBI files. The focus of this paper is set on prominent individuals, mainly Bernard Berelson, Samuel Stouffer, Hadley Cantril, Robert S. Lynd, Paul F. Lazarsfeld, Herta Herzog, Ernest Dichter, but also the Frankfurt School in exile.
Findings
Although some of the historiography presents American social scientists and practitioners in the marketing research sector as victims of McCarthyism and FBI surveillance, it can also be shown that virtually all individuals in focus here also developed strategies of accommodation, compromise and even opportunism to benefit from the climate of suspicion brought about by the prevailing anti-Communism.
Social implications
Anyone interested in questions about the morality of marketing, market research and opinion polling as part of the social sciences practiced in vivo will need to pay attention to the way these social-scientific practices became tarnished by the way prominent researchers accommodated and at times even abetted McCarthyism.
Originality/value
Against the view of social scientists as harassed academic minority, evidence is presented in this paper which shows American social scientists who researched market-related phenomena, like media, voters choices and consumer behaviour, in a different light. Most importantly, this paper for the first time presents archival evidence on the scale of Paul F. Lazarsfeld’s surveillance by the FBI.
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In a previous monograph a discussion took place on stages one and part of stage two of the three stage process in an unfair dismissal action, namely the employee having to show…
Abstract
In a previous monograph a discussion took place on stages one and part of stage two of the three stage process in an unfair dismissal action, namely the employee having to show that he has been dismissed (stage one), and some of the reasons for dismissal which fall within the statutory categories, namely the employee's capability and qualifications; misconduct and redundancy (part of stage two). In this monograph an analysis is proposed on the two remaining reasons, these being the contravention of a duty imposed by an enactment and some other substantial reason. There will then follow a discussion on the test of fairness as constituting the third of the three stage process and on the remedies available when the tribunal finds that the employee has been unfairly dismissed.
The National Labor Relations Act (NLRA) creates rights for covered employees, defines conduct that violates those rights, and deems that conduct an unfair labor practice. But…
Abstract
The National Labor Relations Act (NLRA) creates rights for covered employees, defines conduct that violates those rights, and deems that conduct an unfair labor practice. But while given broad remedial powers under the Act, the Board's options were curtailed by the Supreme Court's limit on the use of deterrence as an express remedial justification. The Board was left with a strongly make-whole, i.e., ex-post, focus to undo the consequences of a violation.
Put differently, the current NLRA remedies reflect a pay-or-play philosophy. The goal is restoration after the fact, using ex-post remedies to give parties the benefit or status quo that they expected. An actor willing to pay may use a cost–benefit analysis and strategically choose to violate the Act, accepting the make-whole remedies later. But the Act created ex-ante statutory rights, not agreed-upon contractual terms. By statutory enactment, employees are given something of value deemed worthy of protection. Assigning value to compliance with the law in the first instance not only prevents sometimes irreparable harm but also reaffirms the inherent value of the right itself.
The impact of the Board's limited remedies is therefore a broad value-driven one. Without ex-ante deterrence, the available ex-post make-whole remedial options make a normative statement about individuals' rights under the Act: those rights may not be inherently worth enough to incentivize legal compliance. The make-whole focus can imply that financial compensation for the portion of harm that can be calculated and “undoing” some nonfinancial effects is sufficient. There is little drive to deter infringement before the fact. By examining the remedial philosophy behind contrasting approaches in the common law of torts and contract, this Article asserts that the current remedial strictures and framework undermine both the Act and the worth of its rights in the eyes of the public and the employees who hold them.
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Inspections have been made during the year at the majority of the principal food importing ports in England and Wales in connection with the administration of the Public Health…
Abstract
Inspections have been made during the year at the majority of the principal food importing ports in England and Wales in connection with the administration of the Public Health (Foreign Meat) and the Public Health (Unsound Food) Regulations, 1908.
MAURICE B. LINE and A. SANDISON
The term ‘obsolescence’ occurs frequently in the literature of librarianship and information science. In numerous papers we are told how most published literature becomes obsolete…
Abstract
The term ‘obsolescence’ occurs frequently in the literature of librarianship and information science. In numerous papers we are told how most published literature becomes obsolete within a measurable time, and that an item receives half the uses it will ever receive (‘half‐life’) in a few years. ‘Obsolescence’ is however very rarely defined, and its validity, interest, and practical value are often assumed rather than explained. Before reviewing studies on ‘obsolescence’, therefore, it is necessary to look at the concept and to identify the reasons why it should be of interest.
Lawton Robert Burns, Jeff C. Goldsmith and Aditi Sen
Researchers recommend a reorganization of the medical profession into larger groups with a multispecialty mix. We analyze whether there is evidence for the superiority of these…
Abstract
Purpose
Researchers recommend a reorganization of the medical profession into larger groups with a multispecialty mix. We analyze whether there is evidence for the superiority of these models and if this organizational transformation is underway.
Design/Methodology Approach
We summarize the evidence on scale and scope economies in physician group practice, and then review the trends in physician group size and specialty mix to conduct survivorship tests of the most efficient models.
Findings
The distribution of physician groups exhibits two interesting tails. In the lower tail, a large percentage of physicians continue to practice in small, physician-owned practices. In the upper tail, there is a small but rapidly growing percentage of large groups that have been organized primarily by non-physician owners.
Research Limitations
While our analysis includes no original data, it does collate all known surveys of physician practice characteristics and group practice formation to provide a consistent picture of physician organization.
Research Implications
Our review suggests that scale and scope economies in physician practice are limited. This may explain why most physicians have retained their small practices.
Practical Implications
Larger, multispecialty groups have been primarily organized by non-physician owners in vertically integrated arrangements. There is little evidence supporting the efficiencies of such models and some concern they may pose anticompetitive threats.
Originality/Value
This is the first comprehensive review of the scale and scope economies of physician practice in nearly two decades. The research results do not appear to have changed much; nor has much changed in physician practice organization.