Search results

To explain SEC Division of Corporation Finance Staff Legal Bulletin No. 14H (SLB 14H), which provides interpretive advice on how the Staff will treat shareholder proposals under the “directly conflicts” and “ordinary business” exclusions under Rule 14a-8.

Explains Rule 14-8 concerning the inclusion of shareholder proposals in a company’s proxy materials, Rule 14a-8(i)(9) on substantive bases for exclusion of shareholder proposals, guidance from SLB 14H on shareholder proposals that do and do not directly conflict with company proposals, Staff guidance prior to SLB 14H, the “ordinary business” exclusion under Rule 14a-8(i)(7), and how SEC staff guidance differs from the majority opinion in Trinity Wall Street v. Wal-Mart Stores, Inc. on the ordinary business exclusion.

The SEC Staff’s new standard for conflicting proposals is likely to make it more difficult for companies to exclude a shareholder proposal that is different from a management proposal if the two proposals are not “mutually exclusive”. Staff guidance also states that companies may not exclude proposals focusing on a significant policy issue under the ordinary business exclusion if “the proposals would transcend the day-to-day business matters and raise policy issues so significant that it would be appropriate for a shareholder vote”.

Expert guidance from experienced securities and financial services lawyers.

The COVID-19 pandemic necessitated that higher education institutions (HEI) respond quickly and transform their teaching to a remote learning environment. Prior to the pandemic, HEI had already implemented some degree of remote teaching and e-learning. The success of these initiatives depended on the leadership’s decisions regarding their implementation before the pandemic and their rapid implementation during the initial days of the lockdown. This study aimed to assess the level of preparedness and the response of HEI leadership to the health crisis by surveying a global audience of HEI professionals in academic and administrative roles. The results obtained from their responses highlight the areas of success and the concerns if remote teaching will be required in the future. We analyze these findings in the context of the broader implementation of e-learning and remote teaching in HEI.

LIBRARIES have come impressively into the public picture in the past year or two, and seldom with more effect than when Their Majesties the King and Queen opened the new Central Reference Library at Manchester on July 17th. In a time, which is nearly the end of a great depression, that the city which probably felt the depression more than any in the Kingdom should have proceeded with the building of a vast store‐house of learning is a fact of great social significance and a happy augury for libraries as a whole. His Majesty the King has been most felicitous in providing what we may call “slogans” for libraries. It will be remembered that in connection with the opening of the National Central Library, he suggested that it was a “University which all may join and which none need ever leave” —words which should be written in imperishable letters upon that library and be printed upon its stationery for ever. As Mr. J. D. Stewart said at the annual meeting of the National Central Library, it was a slogan which every public library would like to appropriate. At Manchester, His Majesty gave us another. He said: “To our urban population open libraries are as essential to health of mind, as open spaces to health of body.” This will be at the disposal of all of us for use. It is a wonderful thing that Manchester in these times has been able to provide a building costing £450,000 embodying all that is modern and all that is attractive in the design of libraries. The architect, Mr. Vincent Harris, and the successive librarians, Mr. Jast and Mr. Nowell, are to be congratulated upon the crown of their work.

To outline paradoxes found in literature on management consulting and present a novel way of re‐conceptualizing paradox using a performative or action‐oriented approach to discourse.

The approach is based on a theoretical reinterpretation of existing research findings on management consulting. Limited ethnographic data are also used to support the argument.

The paper argues that paradoxes are an outcome of the many, often conflicting, interpretive repertoires (IR) used to understand management consulting. This suggests that paradoxes may never be resolved but instead may constitute a key resource for agents in affecting change. This idea is illustrated with reference to ethnographic data from a study of management consultants.

The paper suggests that a performative theory of discourse enables researchers to appreciate how and why paradoxes are reproduced in the context of organizational change.

Practitioners are seen to work within paradoxes, using conflicting IR as a toolkit for negotiating change.

Proposes a novel way of viewing paradoxes by shifting the focus away from what paradoxical accounts reflect towards what they achieve in the context of interaction.

In Malaysia, the rapid urbanization that has been taking place since 1970s has made the housing development sector a key factor in the growth of Malaysia's economic prosperity. This paper aims to shed light on the performance of housing developers in Peninsular Malaysia by looking into the financial and non‐financial measures.

The organizational performance of 57 housing developers was studied by measuring their financial and non‐financial performance in the period 2006‐2008 using the Business Performance Composite Index.

The results of the study revealed that the performance of housing developers in the period 2006‐2008 has been growing in terms of profit margin, financial growth, and number of employees. Small and big housing developers were better than medium‐sized housing developers in terms of profitability.

This paper is unique because it looks into the financial ratios of return on investment, return on assets, and return on sales, which will clearly show how those housing developers have been performing financially in the period 2006‐2008.

This paper aims to outline and comment on the changes to medical regulation in the UK that provide the background to a special issue of the Journal of Health Organization and Management on regulating doctors.

This paper takes the form of a review.

Although the UK medical profession enjoyed a remarkably stable regulatory structure for most of the first 150 years of its existence, it has undergone a striking transformation in the last decade. Its regulatory form has mutated from one of state‐sanctioned collegial self‐regulation to one of state‐directed bureaucratic regulation. The erosion of medical self‐regulation can be attributed to: the pressures of market liberalisation and new public management reforms; changing ideologies and public attitudes towards expertise and risk; and high profile public failures involving doctors. The “new” UK medical regulation converts the General Medical Council into a modern regulator charged with implementing policy, and alters the mechanisms for controlling and directing the conduct and performance of doctors. It establishes a new set of relationships between the medical profession and the state (including its agencies), the public, and patients.

This paper adds to the literature by identifying the main features of the reforms affecting the medical profession and offering an analysis of why they have taken place.

THE annual election of the Library Association Council for 1946 is over. Of course, only a small part of the Council has been before the electors. The results follow an old‐established precedent, but are nevertheless curious. Why is it that country members seem not to be interested in their selection of candidates who come from the metropolitan area? There were two to be elected for London and those successful were Frank M. Gardner with 572 and Captain Richard Wright with 501 votes; there were five Country Councillors required and Miss M. F. Austin (854) and Messrs. W. A. Munford (831), F. G. B. Hutchings (817), E. Wisker (716) and E. Osborne (601) were elected. Besides the London candidates who were successful by ballot, Mr. W. B. Stevenson (447) and Mr. E. Sydney (360) will serve on the Council for shorter periods in the room of Mr. J. D. Stewart and S/Ldr. J. D. Cowley. It will therefore be seen that there is considerable disparity in the voting for the two parts of the Council. As we say, this is rather curious as it follows a long established tradition. The new members are Mr. Gardner, Mr. Stevenson, Miss Austin, Mr. Munford and Mr. Wisker; this appears to us to be a very interesting and useful team. They have already shown by definite work, mostly in the A.A.L., that they are qualified leaders amongst the younger librarians. We wish them good fortune in the carrying out of their part in the reconstruction period ahead.

The purpose of this paper is to examine relationships between vision‐based leadership components, and customer and staff satisfaction in Thai and Australian retail stores.

Two models are derived from the literature. The first model expressing relationships among vision, store manager passion and staff vision sharing and staff and customer satisfaction is tested in Thai retail stores. The second model expressing relationships among vision attributes, motivation of staff and store manager passion, staff vision guiding and staff and customer satisfaction is tested in Australian retail stores. Regression analyses are adopted.

Store visions characterize by brevity, clarity, future orientation, stability, challenge, abstractness and ability to inspire and containing references to sales, customer, employee and leadership indirectly predict improved customer satisfaction in Thai retail stores. In Australian retail stores, visions with the same characteristics as well as staff using vision to guide their store operations directly predict improved customer satisfaction. Vision effects on staff satisfaction are negative. Store manager passion for vision and staff vision sharing indirectly predict improvements in both staff and customer satisfaction in Thai retail stores. In Australian retail stores, store manager visions with the seven attributes, motivation of staff, store manager passion for vision and staff using vision as a guide for their store operations directly predict staff satisfaction. Staff satisfaction also indirectly predicts improved customer satisfaction in both Thai and Australian studies.

Thai and Australian store managers should develop a vision characterized by the seven attributes. Thai and Australian store managers should be passionate about their visions, support their visions by actions and act consistently with their visions.

While vision is core to vision‐based leadership theories, little is known about what characterizes an effective vision. Moreover, roles of follower use of vision in improving performance have been little investigated. The present paper contributes to these areas.