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Article
Publication date: 1 February 2005

Roger Reinsch

E‐commerce plays an important role in today’s business environment, and that role will continue to grow each year. eMarketer predicts that by “2004, world wide e‐commerce revenues…

5755

Abstract

E‐commerce plays an important role in today’s business environment, and that role will continue to grow each year. eMarketer predicts that by “2004, world wide e‐commerce revenues are expected to total USD 2.7 trillion”. E‐commerce continues to grow in the United States. “The Census Bureau of the Department of Commerce announced today that the estimate of U.S. retail e‐commerce sales for the first quarter of 2004, not adjusted for seasonal, holiday, and trading‐day differences, was $15.5 billion, an increase of 28.1 per cent (±2.9 per cent) from the first quarter of 2003.” “According to a new study by RoperASW and AOL Time Warner, Europeans spent on average EUR430 on line between August and October 2002.” This compares with an average spend of EUR543 per head in the US over the same period.

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Managerial Law, vol. 47 no. 1/2
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 August 2007

Edwin Mujih

The purpose of this paper is to extend the debate over the regulation of corporate behaviour in the area of health and safety to the question of implementing corporate social…

1557

Abstract

Purpose

The purpose of this paper is to extend the debate over the regulation of corporate behaviour in the area of health and safety to the question of implementing corporate social responsibility. Whereas the debate was based on the protection of workers, in particular, by health and safety regulations, the article focuses on another stakeholder; i.e. the local community which plays host to a multinational company in the extractive industry.

Design/methodology/approach

After an overview of the compliance versus punishment debate the paper looks at the dichotomy currently prevailing in the legislation. Using case examples this paper reviews options for improvement.

Findings

The article proposes a third approach for the protection of this group of stakeholders, i.e. the participatory approach which would allow the local community to play a role in the decision‐making processes of the company to protect their interests.

Originality/value

Emphasises the need to control multinational companies through international law in order to protect local communities.

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Article
Publication date: 8 October 2020

Mark Steven Johnson

The purpose of this paper is to determine the impact of the Supreme Court’s ruling that POM Wonderful could sue Coca-Cola, a competitor, for misrepresentation of their products…

87

Abstract

Purpose

The purpose of this paper is to determine the impact of the Supreme Court’s ruling that POM Wonderful could sue Coca-Cola, a competitor, for misrepresentation of their products. This decision has the potential to alter the legal environment for soft drink and food processing firms.

Design/methodology/approach

The author conducted an event study of the shareholder value effects of the court decision. The analysis estimates the market responses to the decisions. To control the effects of market-wide fluctuations, the author uses two alternative models of the returns generating process to calculate abnormal returns, the capital asset pricing model (CAPM) and the Fama-French 3-factor models.

Findings

The author hypothesizes that soft drink firms will be negatively impacted by the Supreme Court’s decision, because it may limit their ability to market beverages with a low percentage of expensive juices. Consistent with this argument, the author finds that the stock prices of publicly traded soft drink firms reacted negatively to the announcement of the Supreme Court’s decision. The author also hypothesizes that there may be a spillover effect to food processing firms. These firms may also be at risk to being sued by competitors for exaggerated claims. Contrary to this argument, the author finds no spillover effect to other types of food processing firms. Thus, the decision did leave an aftertaste for the soft drink industry but not the food processing industry.

Originality/value

This study is the first to examine the impact of the right to sue competitors in the food industry for misrepresentation of products.

Details

Agricultural Finance Review, vol. 81 no. 2
Type: Research Article
ISSN: 0002-1466

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Available. Content available
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Publication date: 19 December 2017

Karin Klenke

Free Access. Free Access

Abstract

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Women in Leadership 2nd Edition
Type: Book
ISBN: 978-1-78743-064-8

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Article
Publication date: 1 December 1999

Georgios I. Zekos

Presents the case for the use of computerised Bills of Lading. Outlines the issues of concern with electronic documents, showing that these documents have various roles to play…

691

Abstract

Presents the case for the use of computerised Bills of Lading. Outlines the issues of concern with electronic documents, showing that these documents have various roles to play, each of which must be considered when looking at the safeguards built into electronic systems. Considers Digital signatories, legal contractual agreements and various legislative approaches. Covers cross border jurisdiction and digital negotiability before looking at the European Model EDI Agreement. Comments on the Uncitral Model Law on Electronic Commerce and then presents the position held by the banking community. States the arguments for the paper form compared to the electronic form and concludes that there is a need for more understanding and legal clarification within the subject.

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Managerial Law, vol. 41 no. 6
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 June 2005

Dinko Dinkov and Stoyan Stoyanov

The Cyprus conflict is a classical case of protracted ethnic conflict with very obvious and important international dimensions. It is one of the major unresolved inter national…

537

Abstract

The Cyprus conflict is a classical case of protracted ethnic conflict with very obvious and important international dimensions. It is one of the major unresolved inter national conflicts, which for decades attracts the attention of the international community. The involvement of many countries and international organizations in the Cyprus conflict demonstrates the importance and seriousness of the conflict. During the last decades the conflict has cost a lot both for the Greek Cypriots and for the Turkish Cypriots. It claimed a lot of lives and caused serious economic damages and psychological destruction. The conflict began in the 1950s, erupted violently with blood shed at the end of 1963,and culminated in 1974 with the interventions of Greece and Turkey that led to the island’s current de facto division as the Greek Cypriot South and Turkish Cypriot North. Over the past 40 years many states have came out with various initiatives and have proposed various approaches for final settlement of the conflict. It also has been addressed by dozens of UN Security Council resolutions but all these have proved to be futile so far.

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Managerial Law, vol. 47 no. 3/4
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 January 1978

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act…

1516

Abstract

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides:

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Managerial Law, vol. 21 no. 1
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 June 1999

Jo Carby‐Hall

Outlines social dialogue by providing a definition and background to its introduction and covers its progress to date. Critically examines the social dialogue resulting in the…

260

Abstract

Outlines social dialogue by providing a definition and background to its introduction and covers its progress to date. Critically examines the social dialogue resulting in the European collective agreement, the instrument for implementing directives. Concludes with the Collective agreement’s place in formulating European Law. Suggests the integration of the Maastricht Treaty into the body of the Treaty of Amsterdam forms a basis for solid advances in social policy.

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Managerial Law, vol. 41 no. 3
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 April 1995

Howard Johnson

On 21st July 1994 the Trade Marks Act 1994 received the Royal Assent. It introduces the most radical overhaul of British trade mark law for over 50 years and replaces the current…

274

Abstract

On 21st July 1994 the Trade Marks Act 1994 received the Royal Assent. It introduces the most radical overhaul of British trade mark law for over 50 years and replaces the current regime set out in the Trade Marks Act 1938 as amended. The reforms reflect the increased significance of trade marks in modern commerce and the concerns of business that the current law was increasingly anachronistic.

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Managerial Law, vol. 37 no. 4/5
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 October 1996

Andrew Hopkins

Many Australian educators believe that it is common in the USA for teachers to be sued by their students for careless teaching. Contends that this is a misconception, as the…

944

Abstract

Many Australian educators believe that it is common in the USA for teachers to be sued by their students for careless teaching. Contends that this is a misconception, as the reported cases indicate that the US courts have been reluctant so far to find teachers liable at common law for careless teaching, or “educational malpractice”. The courts have justified this reluctance on “policy” grounds, arguing that to impose such a liability on teachers would not be in the public interest. However, in a recent decision in Britain, the House of Lords held that educators are under a duty of care when advising on the educational needs of students. Examines the following issues: the extent to which at present Australian teachers could be liable for loss suffered by students as a result of poor teaching; the House of Lords’ decision on educational negligence, the US courts’ policy reasons for refusing to hold teachers liable for poor teaching; whether the Australian courts should follow the US courts or the House of Lords; and the likelihood of Australian teachers being sued for educational malpractice in the near future.

Details

Journal of Educational Administration, vol. 34 no. 4
Type: Research Article
ISSN: 0957-8234

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