David S. Mitchell, Robert M. McLaughlin, William J. Breslin, Victoria T. Mazgalev and Scott I. Golden
To provide an overview of the Commodity Futures Trading Commission’s (the “CFTC” or “Commission”) recent amendments to CFTC Rule 1.31, which sets forth recordkeeping requirements…
Abstract
Purpose
To provide an overview of the Commodity Futures Trading Commission’s (the “CFTC” or “Commission”) recent amendments to CFTC Rule 1.31, which sets forth recordkeeping requirements for all records required to be kept pursuant to the Commodity Exchange Act (“CEA”) and Commission regulations.
Design/methodology/approach
This article discusses the significant May 2017 amendments to CFTC Rule 1.31 and the practical impact of these amendments for entities subject to the rule’s requirements.
Findings
The CFTC’s recordkeeping amendments do not impose any new substantive recordkeeping requirements, but modernize and make technology neutral the form and manner in which regulatory records must be kept. By eliminating a number of prescriptive and outdated requirements, the amendments should provide greater flexibility to “records entities” to adopt new technologies in response to evolving technological developments.
Originality/value
Practical guidance from experienced commodities, futures and derivatives lawyers.
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The statements which have recently been made in various quarters to the effect that Danish butter is losing its hold on the English market, that its quality is deteriorating, and…
Abstract
The statements which have recently been made in various quarters to the effect that Danish butter is losing its hold on the English market, that its quality is deteriorating, and that the sale is falling off, are not a little astonishing in face of the very strong and direct evidence to the contrary furnished by the official records. As an example of the kind of assertions here alluded to may be instanced an opinion expressed by a correspondent of the British Food Journal, who, in a letter printed in the March number, stated that “My own opinion is that the Danes are steadily losing their good name for quality, owing to not using preservatives and to their new fad of pasteurising… .”
In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still…
Abstract
In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still be covered by the Act if she were employed on like work in succession to the man? This is the question which had to be solved in Macarthys Ltd v. Smith. Unfortunately it was not. Their Lordships interpreted the relevant section in different ways and since Article 119 of the Treaty of Rome was also subject to different interpretations, the case has been referred to the European Court of Justice.
The decision of the Wolverhampton Stipendiary in the case of “Skim‐milk Cheese” is, at any rate, clearly put. It is a trial case, and, like most trial cases, the reasons for the…
Abstract
The decision of the Wolverhampton Stipendiary in the case of “Skim‐milk Cheese” is, at any rate, clearly put. It is a trial case, and, like most trial cases, the reasons for the judgment have to be based upon first principles of common‐sense, occasionally aided, but more often complicated, by already existing laws, which apply more or less to the case under discussion. The weak point in this particular case is the law which has just come into force, in which cheese is defined as the substance “usually known as cheese” by the public and any others interested in cheese. This reliance upon the popular fancy reads almost like our Government's war policy and “the man in the street,” and is a shining example of a trustful belief in the average common‐sense. Unfortunately, the general public have no direct voice in a police court, and so the “usually known as cheese” phrase is translated according to the fancy and taste of the officials and defending solicitors who may happen to be concerned with any particular case. Not having the general public to consult, the officials in this case had a war of dictionaries which would have gladdened the heart of Dr. JOHNSON; and the outcome of much travail was the following definition: cheese is “ coagulated milk or curd pressed into a solid mass.” So far so good, but immediately a second definition question cropped up—namely, What is “milk?”—and it is at this point that the mistake occurred. There is no legal definition of new milk, but it has been decided, and is accepted without dispute, that the single word “milk” means an article of well‐recognised general properties, and which has a lower limit of composition below which it ceases to be correctly described by the one word “milk,” and has to be called “skim‐milk,” “separated milk,” “ milk and water,” or other distinguishing names. The lower limits of fat and solids‐not‐fat are recognised universally by reputable public analysts, but there has been no upper limit of fat fixed. Therefore, by the very definition quoted by the stipendiary, an article made from “skim‐milk” is not cheese, for “skim‐milk” is not “milk.” The argument that Stilton cheese is not cheese because there is too much fat would not hold, for there is no legal upper limit for fat; but if it did hold, it does not matter, for it can be, and is, sold as “Stilton” cheese, without any hardship to anyone. The last suggestion made by the stipendiary would, if carried out, afford some protection to the general public against their being cheated when they buy cheese. This suggestion is that the Board of Agriculture, who by the Act of 1899 have the legal power, should determine a lower limit of fat which can be present in cheese made from milk; but, as we have repeatedly pointed out, it is by the adoption of the Control system that such questions can alone be settled to the advantage of the producer of genuine articles and to that of the public.
Man has been seeking an ideal existence for a very long time. In this existence, justice, love, and peace are no longer words, but actual experiences. How ever, with the American…
Abstract
Man has been seeking an ideal existence for a very long time. In this existence, justice, love, and peace are no longer words, but actual experiences. How ever, with the American preemptive invasion and occupation of Afghanistan and Iraq and the subsequent prisoner abuse, such an existence seems to be farther and farther away from reality. The purpose of this work is to stop this dangerous trend by promoting justice, love, and peace through a change of the paradigm that is inconsistent with justice, love, and peace. The strong paradigm that created the strong nation like the U.S. and the strong man like George W. Bush have been the culprit, rather than the contributor, of the above three universal ideals. Thus, rather than justice, love, and peace, the strong paradigm resulted in in justice, hatred, and violence. In order to remove these three and related evils, what the world needs in the beginning of the third millenium is the weak paradigm. Through the acceptance of the latter paradigm, the golden mean or middle paradigm can be formulated, which is a synergy of the weak and the strong paradigm. In order to understand properly the meaning of these paradigms, however, some digression appears necessary.
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As yet there are no indications that the President of the Local Government Board intends to give the force of law to the recommendations submitted to him by the Departmental…
Abstract
As yet there are no indications that the President of the Local Government Board intends to give the force of law to the recommendations submitted to him by the Departmental Committee appointed by the Board to inquire into the use of preservatives and colouring matters in food. It is earnestly to be hoped that at least some of the recommendations of the Committee will become law. It is in the highest degree objectionable that when a Committee of the kind has been appointed, and has carried out a long and difficult investigation, the recommendations which it finally makes should be treated with indifference and should not be acted upon. If effect should not be given to the views arrived at after the careful consideration given to the whole subject by the Committee, a very heavy responsibility would rest upon the Authorities, and it cannot but be admitted that the Committee ought never to have been appointed if it was not originally intended that its recommendations should be made legally effective. Every sensible person who takes the trouble to study the evidence and the report must come to the conclusion that the enforcement of the recommendations is urgently required upon health considerations alone, and must see that a long‐suffering public is entitled to receive rather more protection than the existing legal enactments can afford. To refrain from legalising the principal recommendations in the face of such evidence and of such a report would almost amount to criminal negligence and folly. We are well aware that the subject is not one that is easily “understanded of the people,” and that the complicated ignorance of various noisy persons who imagine that they have a right to hold opinions upon it is one of the stumbling blocks in the way of reform; but we believe that this ignorance is confined, in the main, to irresponsible individuals, and that the Government Authorities concerned are not going to provide the public with a painful exhibition of incapacity and inaction in connection with the matter. There is some satisfaction in knowing that although the recommendations have not yet passed into law, they can be used with powerful effect in any prosecutions for the offence of food‐drugging which the more enlightened Local Authorities may be willing to institute, since it can no longer be alleged that the question of preservatives is still “under the consideration” of the Departmental Committee, and since it cannot be contended that the recommendations made leave any room for doubt as to the Committee's conclusions.
Civil wrongdoings with consequent financial and other loss or damage to employers, employees and third parties may result in the course of various trade union activities. These…
Abstract
Civil wrongdoings with consequent financial and other loss or damage to employers, employees and third parties may result in the course of various trade union activities. These day to day trade union activities take a variety of forms. The most common ones are inducement of breach of contract, conspiracy, trespass, nuisance, and intimidation. Each of these activities constitutes a tort which, unless the statutory immunities apply, would normally give rise at common law to an action for damages or, as is more frequent, enable the aggrieved party to obtain an injunction.
In its passage through the Grand Committee the Food Bill is being amended in a number of important particulars, and it is in the highest degree satisfactory that so much interest…
Abstract
In its passage through the Grand Committee the Food Bill is being amended in a number of important particulars, and it is in the highest degree satisfactory that so much interest has been taken in the measure by members on both sides of the House as to lead to full and free discussion. Sir Charles Cameron, Mr. Kearley, Mr. Strachey, and other members have rendered excellent service by the introduction of various amendments; and Sir Charles Cameron is especially to be congratulated upon the success which has attended his efforts to induce the Committee to accept a number of alterations the wisdom of which cannot be doubted. The provision whereby local authorities will be compelled to appoint Public Analysts, and compelled to put the Acts in force in a proper manner, and the requirement that analysts shall furnish proofs of competence of a satisfactory character to the Local Government Board, will, it cannot be doubted, be productive of good results. The fact that the Local Government Board is to be given joint authority with the Board of Agriculture in insuring that the Acts are enforced is also an amendment of considerable importance, while other amendments upon what may perhaps be regarded as secondary points unquestionably trend in the right direction. It is, however, a matter for regret that the Government have not seen their way to introduce a decisive provision with regard to the use of preservatives, or to accept an effective amendment on this point. Under existing circumstances it should be plain that the right course to follow in regard to preservatives is to insist on full and adequate disclosure of their presence and of the amounts in which they are present. It is also a matter for regret that the Government have declined to give effect to the recommendation of the Food Products Committee as to the formation of an independent and representative Court of Reference. It is true that the Board of Agriculture are to make regulations in reference to standards, after consultation with experts or such inquiry as they think fit, and that such inquiries as the Board may make will be in the nature of consultations of some kind with a committee to be appointed by the Board. There is little doubt, however, that such a committee would probably be controlled by the Somerset House Department; and as we have already pointed out, however conscientious the personnel of this Department may be—and its conscientiousness cannot be doubted—it is not desirable in the public interest that any single purely analytical institution should exercise a controlling influence in the administration of the Acts. What is required is a Court of Reference which shall be so constituted as to command the confidence of the traders who are affected by the law as well as of all those who are concerned in its application. Further comment upon the proposed legislation must be reserved until the amended Bill is laid before the House.
Kelly Chermack, Erin L. Kelly, Phyllis Moen and Samantha K. Ammons
The purpose of this chapter was to examine the implementation of a flexible work initiative that attempted to challenge two institutionalized precepts of contemporary white-collar…
Abstract
Purpose
The purpose of this chapter was to examine the implementation of a flexible work initiative that attempted to challenge two institutionalized precepts of contemporary white-collar workplaces: the gendered ideal worker norm, with its expectation of the primacy of paid work over family and personal life, and the assumption of managerial control over employees’ schedules and work location.
Methodology/approach
Using ethnographic and interview data, how the Results Only Work Environment (ROWE) was experienced by employees in four different teams within the Best Buy, Co., Inc. corporate headquarters was explored.
Findings
Comparing more and less successful implementation across teams, results suggested that collective institutional work is required for the emergence of new norms, expectations, and legitimated practices. Findings indicated that managers’ task-specific knowledge – their deep experience with the tasks that the team is charged with completing – is a structural condition that facilitates managers’ trust in employees and encourages team experimentation with new practices.
Research limitations
Data for this study was limited to one organization and four teams. Future research should include similar organizational change efforts in other organizations and in larger teams.
Practical/social implications
These findings may promote a better understanding, among researchers and practitioners, of the importance of manager knowledge and background and how this appears to be key to achieving institutional change.
Originality/value
This research is an example of an innovative approach to workplace flexibility and applies an institutional theory lens to investigate variation in the implementation of organizational change.