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Publication date: 1 January 2014

Brandon Chase

Guided by Ericson’s counter-law analytic, the focus of this paper is how peace bonds erode traditional criminal law principles to govern uncertainty and provide applicants with a…

Abstract

Guided by Ericson’s counter-law analytic, the focus of this paper is how peace bonds erode traditional criminal law principles to govern uncertainty and provide applicants with a “freedom from fear” (Ericson, 2007a). Peace bonds permit the courts to impose a recognizance on anyone likely to cause harm or “personal injury” to a complainant. This paper conducts a critical discourse analysis to answer the question: how and to what extent are peace bonds a form of counter-law? Facilitated by the erosion of traditional criminal law principles and rationalized under a precautionary logic, proving that a complainant is fearful through a peace bond can result in the expansion of the state’s capacity to criminalize and conduct surveillance.

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Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78350-785-6

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Publication date: 5 July 2011

Robert M. Hull

The purpose of this paper is to instruct upper level business students on the intricacies of the debt‐equity choice with the emphasis on showing the interrelation of this choice…

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Abstract

Purpose

The purpose of this paper is to instruct upper level business students on the intricacies of the debt‐equity choice with the emphasis on showing the interrelation of this choice with the plowback‐payout choice.

Design/methodology/approach

The paper is designed around a pedagogical exercise that applies academic theories on the computation of the gain to leverage for an unleveraged nongrowth firm. A question and answer methodology is used within the exercise. The approach is instructional as it attempts to teach students about firm valuation and the variables that are important in the valuation process. The firm valuation method is based on perpetuity equations with and without growth.

Findings

Unlike an empirical study that concentrates on providing findings from a data analysis, this paper attempts to instill knowledge and skills to students when making debt‐equity and plowback‐payout choices.

Research limitations/implications

All gain to leverage equations used in this paper are limited by their derivational assumptions and the estimation of values for variables used in the equations.

Practical implications

Besides using the traditional Modigliani and Miller (MM)‐Miller gain to leverage equations, this paper also uses more recent gain to leverage equations that attempt to bridge the gap between theory and practice by applying new theory on the impact of the plowback‐payout choice on the debt‐equity choice. Students will be able to compare traditional and recent gain to leverage equations and form their own opinions as to their potential value in practice. In the process, they should get an idea of the practical complexities of financial decision‐making.

Social implications

Optimizing firm value through proper decision‐making implies there is a proper and efficient utilization of societal resources.

Originality/value

The paper builds on a prior pedagogical paper that incorporated discount rates (costs of borrowing) within the nongrowth MM‐Miller gain to leverage framework. This paper's originality and value lies in being the first pedagogical paper to incorporate growth as determined by the plowback‐payout decision within the nongrowth gain to leverage framework.

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Managerial Finance, vol. 37 no. 8
Type: Research Article
ISSN: 0307-4358

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Article
Publication date: 1 April 2004

Georgios I. Zekos

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…

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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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Managerial Law, vol. 46 no. 2/3
Type: Research Article
ISSN: 0309-0558

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Publication date: 9 April 2003

Yasmin A Dawood

This article develops an alternative theoretical approach to the Supreme Court’s controversial electoral redistricting decisions in Shaw v. Reno (1993) and its progeny. Instead of…

Abstract

This article develops an alternative theoretical approach to the Supreme Court’s controversial electoral redistricting decisions in Shaw v. Reno (1993) and its progeny. Instead of relying on the traditional equal protection interpretation, this paper argues that controversies over electoral redistricting are at base disputes among competing visions of democracy. In the Court’s recent redistricting cases, the majority and the dissent adopted fundamentally different visions of democracy – Individualist Democracy and Democracy as Power. In addition to elaborating these rival understandings of democracy, this article develops the concept of Symbolic Democracy to explain a central paradox in the Court majority’s decision: its simultaneous denial and recognition of the relevance of racial groups in representation.

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Studies in Law, Politics and Society
Type: Book
ISBN: 978-1-84950-209-2

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Publication date: 10 May 2017

Leslie Joan Harris

Legal standards that allow teens to make health care decisions, or any important decisions, must account for the contingency and variability of minors’ capacity. Traditional law…

Abstract

Legal standards that allow teens to make health care decisions, or any important decisions, must account for the contingency and variability of minors’ capacity. Traditional law denied minors’ legal authority to make any decisions, giving all power to parents. This rule goes too far; the Supreme Court has held that minors have constitutionally protected autonomy-based rights, and modern views about adolescence are inconsistent with the rule. The question is how and where to draw lines.

Legal standards are based on minors’ evolving maturity, policy favoring decisions that follow medical advice, and policy supporting parental authority. This paper uses four hard cases to show how these considerations factor into legal rules.

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Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78714-344-9

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Publication date: 10 February 2012

Keramet Ann Reiter

Supermaxes across the United States detain thousands in long-term solitary confinement, under conditions of extreme sensory deprivation. Almost every state built a supermax…

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Supermaxes across the United States detain thousands in long-term solitary confinement, under conditions of extreme sensory deprivation. Almost every state built a supermax between the late 1980s and the late 1990s. This chapter examines the role of federal prisoners’ rights litigation in the 1960s and 1970s in shaping the prisons, especially supermaxes, built in the 1980s and 1990s in the United States. This chapter uses a systematic analysis of federal court case law, as well as archival research and oral history interviews with key informants, including lawyers, experts, and correctional administrators, to explore the relationship between federal court litigation and prison building and designing. This chapter argues that federal conditions of confinement litigation in the 1960s and 1970s (1) had a direct role in shaping the supermax institutions built in the subsequent decades and (2) contributed to the resistance of these institutions to constitutional challenges. The history of litigation around supermaxes is an important and as-yet-unexplored aspect of the development of Eighth Amendment jurisprudence in the United States over the last half century.

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Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78052-622-5

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Book part
Publication date: 26 November 2016

Karin Klenke

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Qualitative Research in the Study of Leadership
Type: Book
ISBN: 978-1-78560-651-9

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Publication date: 1 January 2014

Rolf Aaberge and Ugo Colombino

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Handbook of Microsimulation Modelling
Type: Book
ISBN: 978-1-78350-570-8

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Article
Publication date: 1 February 1988

Jo Carby‐Hall

The original legislation which introduced the redundancy payments scheme was the Redundancy Payments Act 1965. This was the first of the substantive statutory individual…

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The original legislation which introduced the redundancy payments scheme was the Redundancy Payments Act 1965. This was the first of the substantive statutory individual employment rights given to an employee; other individual employment rights, as for example, the right not to be unfairly dismissed, followed some years later. The Redundancy Payments Act 1965 has been repealed and the provisions on redundancy are now to be found in the Employment Protection (Consolidation) Act 1978.

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Managerial Law, vol. 30 no. 2/3
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 June 1992

HOWARD JOHNSON

Alongside the ubiquitous computer games apparently the marketing success of the 1992 toy season was a series of 25 year old puppets who had featured in a repeat showing of the…

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Alongside the ubiquitous computer games apparently the marketing success of the 1992 toy season was a series of 25 year old puppets who had featured in a repeat showing of the orginal ITV series on BBC — Thunderbirds — more than 70 franchises have been sold to sell goods marked with the International Rescue logo and it is alleged that these products are even bigger than the previous smash marketing hit the Teenage Mutant Ninja turtles, saving thousands of jobs and making substantial profits for the British toy industry. The characters are licensed for right‐owners ITC (originally the international marketing arm of ATV, the ITV company which put out the programme, and now an independent company, ATV having long since lost its ITV franchise) by Copyright Promotions, Europe's largest licensing company (‘Thunderbirds are go to save the toy industry’ Sunday Telegraph 15/11/92).

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Managerial Law, vol. 34 no. 6
Type: Research Article
ISSN: 0309-0558

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