Lea Anne Copenhefer, Roger P. Joseph and Joshua B. Sterling
The purpose of this paper is to analyze the implications of the May 19, 2008 decision by the US Court of Appeals for the Seventh Circuit in Jones v. Harris Associates.
Abstract
Purpose
The purpose of this paper is to analyze the implications of the May 19, 2008 decision by the US Court of Appeals for the Seventh Circuit in Jones v. Harris Associates.
Design/methodology/approach
The paper reviews the 1982 decision of the US Court of Appeals for the Second Circuit in Gartenberg v. Merrill Lynch Asset Management, summarizing the Harris Associates opinion of the Seventh Circuit Court of Appeals, the paper also discusses the criticisms by the Seventh Circuit Court of Appeals of the earlier Gartenberg decision, and makes observations on why other courts may not be persuaded by the Harris Associates decision, and provides guidance to mutual funds and their directors and advisers in light of the Harris Associates opinion.
Findings
The findings in the paper are that the Harris Associates opinion suggests that a court need only determine whether the adviser to a mutual fund negotiated its advisory fee in a manner consistent with its fiduciary duty to that fund. However, the paper also finds that it would be premature for directors and advisers to conclude that they should abandon or substantially lessen the processes they have implemented to satisfy the Gartenberg standard, including requesting and evaluating such information as may reasonably be necessary to evaluate the terms of an advisory contract and reviewing an adviser's performance and compensation carefully. In addition, their opinion does not relieve mutual funds of their obligations to discuss – in their shareholder reports and proxy statements – the material factors considered and the conclusions reached in approving advisory contracts.
Originality/value
The paper is a practical guidance by experienced securities lawyers.
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A collection of essays by a social economist seeking to balanceeconomics as a science of means with the values deemed necessary toman′s finding the good life and society enduring…
Abstract
A collection of essays by a social economist seeking to balance economics as a science of means with the values deemed necessary to man′s finding the good life and society enduring as a civilized instrumentality. Looks for authority to great men of the past and to today′s moral philosopher: man is an ethical animal. The 13 essays are: 1. Evolutionary Economics: The End of It All? which challenges the view that Darwinism destroyed belief in a universe of purpose and design; 2. Schmoller′s Political Economy: Its Psychic, Moral and Legal Foundations, which centres on the belief that time‐honoured ethical values prevail in an economy formed by ties of common sentiment, ideas, customs and laws; 3. Adam Smith by Gustav von Schmoller – Schmoller rejects Smith′s natural law and sees him as simply spreading the message of Calvinism; 4. Pierre‐Joseph Proudhon, Socialist – Karl Marx, Communist: A Comparison; 5. Marxism and the Instauration of Man, which raises the question for Marx: is the flowering of the new man in Communist society the ultimate end to the dialectical movement of history?; 6. Ethical Progress and Economic Growth in Western Civilization; 7. Ethical Principles in American Society: An Appraisal; 8. The Ugent Need for a Consensus on Moral Values, which focuses on the real dangers inherent in there being no consensus on moral values; 9. Human Resources and the Good Society – man is not to be treated as an economic resource; man′s moral and material wellbeing is the goal; 10. The Social Economist on the Modern Dilemma: Ethical Dwarfs and Nuclear Giants, which argues that it is imperative to distinguish good from evil and to act accordingly: existentialism, situation ethics and evolutionary ethics savour of nihilism; 11. Ethical Principles: The Economist′s Quandary, which is the difficulty of balancing the claims of disinterested science and of the urge to better the human condition; 12. The Role of Government in the Advancement of Cultural Values, which discusses censorship and the funding of art against the background of the US Helms Amendment; 13. Man at the Crossroads draws earlier themes together; the author makes the case for rejecting determinism and the “operant conditioning” of the Skinner school in favour of the moral progress of autonomous man through adherence to traditional ethical values.
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In the last four years, since Volume I of this Bibliography first appeared, there has been an explosion of literature in all the main functional areas of business. This wealth of…
Abstract
In the last four years, since Volume I of this Bibliography first appeared, there has been an explosion of literature in all the main functional areas of business. This wealth of material poses problems for the researcher in management studies — and, of course, for the librarian: uncovering what has been written in any one area is not an easy task. This volume aims to help the librarian and the researcher overcome some of the immediate problems of identification of material. It is an annotated bibliography of management, drawing on the wide variety of literature produced by MCB University Press. Over the last four years, MCB University Press has produced an extensive range of books and serial publications covering most of the established and many of the developing areas of management. This volume, in conjunction with Volume I, provides a guide to all the material published so far.
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Joseph Loersch and William Ross
The purpose of this paper is to describe a classroom negotiation exercise. A case involving controversy over the naming of a sports stadium containing a university football field…
Abstract
Purpose
The purpose of this paper is to describe a classroom negotiation exercise. A case involving controversy over the naming of a sports stadium containing a university football field and track is described. A local municipality, representing veterans groups, negotiates with university officials over a university plan to rename “Veteran's Memorial Stadium” after a recently‐retired football coach.
Design/methodology/approach
The negotiation activity is adapted from an actual case. It requires little advance preparation and can be used with either pairs or small groups of participants. “Teaching notes” provide instructions for using the activity.
Findings
The “Teaching Notes” examine how this controversy illustrates several concepts related to conflict, integrative bargaining, power and negotiating on behalf of constituents.
Originality/value
The case differs from many published cases in that one side's position is apparently rooted in values and matters of principle whereas the other side's position is interest‐based. The student must grapple with these dynamics, while seeking an integrative solution to the issues.
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Part II and last MECHETTI. Vienna FOUNDED in 1795 by Carlo Mechetti as a dealer; since 1807 in partnership with his nephew, Pietro; the publishing firm styled Carlo Mechetti &…
Abstract
Part II and last MECHETTI. Vienna FOUNDED in 1795 by Carlo Mechetti as a dealer; since 1807 in partnership with his nephew, Pietro; the publishing firm styled Carlo Mechetti & Neffe in 1809; after Carlo's death in 1811, Pietro became sole owner; he was succeeded in 1850 by his widow, Therese; c. 1855 the firm was taken over by A. Diabelli & co. (cp. Peter Cappi).
Tom Schultheiss, Lorraine Hartline, Jean Mandeberg, Pam Petrich and Sue Stern
The following classified, annotated list of titles is intended to provide reference librarians with a current checklist of new reference books, and is designed to supplement the…
Abstract
The following classified, annotated list of titles is intended to provide reference librarians with a current checklist of new reference books, and is designed to supplement the RSR review column, “Recent Reference Books,” by Frances Neel Cheney. “Reference Books in Print” includes all additional books received prior to the inclusion deadline established for this issue. Appearance in this column does not preclude a later review in RSR. Publishers are urged to send a copy of all new reference books directly to RSR as soon as published, for immediate listing in “Reference Books in Print.” Reference books with imprints older than two years will not be included (with the exception of current reprints or older books newly acquired for distribution by another publisher). The column shall also occasionally include library science or other library related publications of other than a reference character.
Krista E. Leh, Linda Kay Mayger and Christina Yuknis
This study investigated how superintendents lead the process of within-district racial and socioeconomic integration.
Abstract
Purpose
This study investigated how superintendents lead the process of within-district racial and socioeconomic integration.
Design/methodology/approach
The researchers used Constructivist Grounded Theory methodology to analyze interviews with superintendents, documents and videos from four school districts in suburban, southeastern Pennsylvania.
Findings
The emergent “Leadership for In-District Integration” theory indicated that superintendents who led redistricting initiatives aligned their systems for organizational equity only after developing culturally competent leadership practices and building trusting relationships within the school community. Despite these efforts, only two of the four districts achieved racial or socioeconomic balance in the targeted grade levels. In all districts the efforts to integrate their schools for equity were ongoing.
Practical implications
The current study's findings indicate that school leaders may face less conflict with constituents about school desegregation if they capitalize on existing needs to redraw district boundaries for other purposes. Superintendents seeking to engage in such work should set clear goals for what constitutes desegregation, view integration as more than demographic balancing and seek support to develop culturally competent leadership practices that build trusting relationships among community members.
Originality/value
The Leadership for In-District Integration theory adds conceptual and practical value to the field of educational administration by effectively illustrating what it meant to superintendents to integrate a school system and revealing insights that may help other school leaders make such a change. This research is significant because it is one of the few studies that focuses primarily on leadership factors associated with integration within suburban school districts.