S. Lawrence Polk and Avital Stadler
The purpose of this paper is to explain two new FINRA rules: Rule 2090 (Know Your Customer) and Rule 2111 (Suitability).
Abstract
Purpose
The purpose of this paper is to explain two new FINRA rules: Rule 2090 (Know Your Customer) and Rule 2111 (Suitability).
Design/methodology/approach
The paper explains the two rules, the expanded requirements in the new suitability rule, and an expansion in the list of factors an associated person is required to consider as part of a customer's investment profile before making a recommendation.
Findings
FINRA's new suitability rule is notable for three reasons: the revised rule covers investment strategies and explicit recommendations to hold securities; it expands the necessary factors for making a suitability determination; and it includes definitions for three specific suitability evaluations.
Practical implications
Prior to the effective dates of the new rules, most likely in the Fall of 2011, firms may want to consider whether to develop additional procedures to gather customer “investment profile” information and whether to memorialize that information in written form.
Originality/value
This paper provides practical guidance from experienced financial services lawyers.
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S. Lawrence Polk and Avital Stadler
The purpose of this paper is to explain FINRA's recent overhaul of the Discovery Guide for arbitrations.
Abstract
Purpose
The purpose of this paper is to explain FINRA's recent overhaul of the Discovery Guide for arbitrations.
Design/methodology/approach
THe paper explains the new Discovery Guide, the consolidated document production lists, and FINRA's modification of the scope of documents that are to be exchanged by the parties in customer cases, particularly with regard to requiring the production of electronic records.
Findings
FINRA's new rule consolidates the lists of presumptively discoverable documents and modifies the scope of documents that are to be exchanged by the parties in customer cases, particularly with regard to requiring the production of electronic records. The new Discovery Guide expands many of the categories of documents deemed to be, presumptively, discoverable for both respondents and claimants in arbitration.
Practical implications
Parties will be forced to re‐visit the types of documents that are presumptively exchanged in a FINRA arbitration. The new Discovery Guide requires parties to exchange electronic records and new categories of documents that were not presumptively discoverable under the prior Discovery Guide. As a result, Firms should consider re‐evaluating their processes for collecting standard documents when defending FINRA arbitration claims.
Originality/value
The paper presents practical guidance from experienced financial services lawyers.
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Prevailing explanations of the US secession crisis trace the latter’s origins to slavery and slaveowners’ interests. The central problem with all such explanations, however, is…
Abstract
Prevailing explanations of the US secession crisis trace the latter’s origins to slavery and slaveowners’ interests. The central problem with all such explanations, however, is that the Whig Party, the party of the largest slaveowners, opposed secession until the mid-1850s. Why did southern Whigs and their planter base resist secession through the political crisis over slavery only to fold by 1861? Drawing on archival electoral returns by precinct, party newspapers, speeches, and personal correspondence from antebellum Tuscaloosa County, Alabama, I argue for an institutional and sequential approach to the secession crisis that does not take social actors’ individual interests as given, but rather as naturalized and denaturalized in the back and forth struggle of political parties to advance competing solutions to the problem of preserving slavery.
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Claire Dambrin and Bénédicte Grall
This paper highlights how technical devices last in organizations. Instead of focusing on the usual implementation or short-term post-implementation phases, this study aims to…
Abstract
Purpose
This paper highlights how technical devices last in organizations. Instead of focusing on the usual implementation or short-term post-implementation phases, this study aims to explore what happens to established technical devices.
Design/methodology/approach
The authors build on a 10-year in-depth longitudinal case study examining a CRM package, a type of Enterprise Resource Planning system specialized in customer relationship management, in a door-drop advertising company. This case is based mainly on 35 interviews and four weeks of non-participant observation, made over three different periods.
Findings
Drawing on the literature on drift and maintenance, this study investigates two tensions foregrounding lasting: one regarding the degree of human intervention on the technical device (object being maintained vs object maintaining itself) and one regarding the relationship to the initial expectations towards the technical device (relinquishment of certain hopes vs regeneration of interests). This case combines these tensions and allows to highlight four alterations in the CRM system to show how apparently stable devices keep on changing.
Social implications
In a time of resource exhaustion, it is important to reflect upon our relationships to information technology and their modalities of lasting. By stressing that uses emerge from relinquishment and reduction, the authors wish to help organizations move towards more sustainable engagement with their technical devices in the long run.
Originality/value
Lasting is not just a matter of being maintained in a context of threat but also builds upon the capacities of a technical device to maintain itself. The self-alteration dynamics that the authors come up with, shedding and ramification, offer a dedramatized interpretation of maintenance that complements studies on institutional maintenance. The results also contribute to studies on technological drift. The authors stress that drifts are triggered by ties that run out, in particular, discontinuation of maintenance in the system. The durability of technical devices in organizations thus does not consist in always more uses or functionalities, but is also made of reductions and relinquishment.
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In England and Wales, on average one child every week is a victim of homicide. The purpose of this paper is to explore whether different victim-risk profiles and suspect variables…
Abstract
Purpose
In England and Wales, on average one child every week is a victim of homicide. The purpose of this paper is to explore whether different victim-risk profiles and suspect variables can be differentiated for specific victim ages.
Design/methodology/approach
This paper presents a preliminary analysis of more than 1,000 child homicides committed in England and Wales between 1996 and 2013, from data provided through the Homicide Index. Statistical techniques such as cluster analysis were used to identify specific victim-risk profiles and to analyse suspect variables according to the age of victim.
Findings
The findings present a clearer picture of the risk-age relationship in child homicide, whereby several specific risk profiles are identified for specific child ages, comprised of crime variables including; likely victim and suspect demographics, the most likely circumstances of the homicide and methods of killing. Using similar techniques, a number of tentative clusters of suspects implicated in child homicide are also described and analysed, with suggestions of further analysis that might prove of value.
Practical implications
The practical implications cannot be understated. For those professionals working in the fields of child protection and criminal investigation the identification of risk profiles promises to provide a back-cloth with which to practice when confronted with complex and distressing child homicide scenarios. This research promises most to those currently training in related professions.
Originality/value
Although the statistical level of risk has been linked with the age of a child (with younger children being most vulnerable to killing by a parent or step-parent and older children most vulnerable to killing by acquaintances and strangers), extant research is yet to progress beyond the identification of broad age-risk categories. The paper concludes with a discussion of the likely implications for those charged with reducing and investigating child homicide and outlines the possibility of future research.
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The Honors College program prepares leaders for the 21st century to become forces for positive change through problem-solving, scholarship, service, teamwork, and leadership. Its…
Abstract
The Honors College program prepares leaders for the 21st century to become forces for positive change through problem-solving, scholarship, service, teamwork, and leadership. Its structure involves nine sequenced courses familiarizing students with challenges facing communities. Courses are team-taught by professors in different disciplines to highlight the diversity in applying concepts across contexts. This paper offers an examination of the connections for cultivating self-awareness through team-teaching in the classroom and experiential learning.
Despite widespread interest in the resources and people of Alaska, few libraries outside of the state maintain extensive collections on these subjects. In this article, David A…
Abstract
Despite widespread interest in the resources and people of Alaska, few libraries outside of the state maintain extensive collections on these subjects. In this article, David A. Hales reviews a multifarious sample of informative materials.
Richard T. Marcy and Ottilia Berze
This study investigates the complex interaction between properties of some emergent crises and the expertise of particular public sector leaders, who themselves are embedded in…
Abstract
This study investigates the complex interaction between properties of some emergent crises and the expertise of particular public sector leaders, who themselves are embedded in particular institutional processes that further constrain identification of these emergent crises. It is suggested that discrepancy in the ability of leaders to detect crises is due not only to their own proficiency in some cognitive skills, but also to their interaction with, and differences in, particular properties of some emergent crises, which render some emergent crises more detectable than others in some institutional environments.
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S. Allen Hartt, Jonathan Nash and Catherine Plante
Local governments use taxes on future increases in property values to pay for current economic development through tax incremental financing (TIF). TIF is a powerful tax tool used…
Abstract
Local governments use taxes on future increases in property values to pay for current economic development through tax incremental financing (TIF). TIF is a powerful tax tool used to spur improvements to a designated area. Proponents of TIF argue that it allows local governments to make investments without affecting previously established government and school district programs. Detractors argue that because the TIF designation denies existing overlapping districts (e.g., schools) the benefits of increases in property values, TIF can have a negative impact on a community. Empirical evidence on the economic and fiscal effects of TIF is mixed. This paper describes the potential costs and benefits associated with the use of TIF and then summarizes prior research on outcomes associated with this widely used property tax program.