Search results
1 – 10 of 115Brant K. Brown, James E. Anderson, P. Georgia Bullitt and Amelia A. Cottrell
To explain two new Financial Industry Regulatory Authority (FINRA) rule provisions, effective February 5, 2018, that were designed to provide firms with more effective tools to…
Abstract
Purpose
To explain two new Financial Industry Regulatory Authority (FINRA) rule provisions, effective February 5, 2018, that were designed to provide firms with more effective tools to address suspected financial exploitation of seniors and other vulnerable adults, a new Rule 2165, Financial Exploitation of Specified Adults, and an amended Rule 4512, the “Trusted Contact Person” amendment.
Design/methodology/approach
Mentions FINRA’s and US Securities and Exchange Commission’s (SEC’s) longstanding concern about schemes targeting the financial assets of seniors. Provides an overview of the rule changes, including the safe harbor under Rule 2165, which specifies the conditions under which it is permissible for a firm to place a temporary hold on a disbursement, the obligations generated by the decision to place such a temporary hold, and the requirement under amended Rule 4512 for a firm to make reasonable efforts to obtain the name and contact information of a Trusted Contact Person (TCP) for each non-institutional customer’s account.
Findings
The new FINRA rule provisions create obligations for firms and also provide firms with optional additional tools to address potential financial exploitation of certain customers.
Practical implications
Firms should be mindful that they must develop appropriate procedures, controls, and training around the authority to place a temporary hold on a customer disbursement.
Originality/value
This article contains valuable information about recent FINRA rule changes and practical guidance from experienced securities lawyers.
Details
Keywords
The purpose of this summary is to provide excerpts of selected Financial Industry Regulatory Authority (FINRA) regulatory notices and disciplinary actions issued in September…
Abstract
Purpose
The purpose of this summary is to provide excerpts of selected Financial Industry Regulatory Authority (FINRA) regulatory notices and disciplinary actions issued in September, October, and November 2009 and a sample of disciplinary actions during that period.
Design/methodology/approach
The paper provides excerpts from FINRA Regulatory Notice 09‐57, September 2009, Trade Reporting and Compliance Engine (TRACE); Regulatory Notice 09‐58, October 2009, Best Execution and Interpositioning; and Regulatory Notice 09‐66, November 2009, FINRA BrokerCheck. It also summarizes three disciplinary actions.
Findings
(09‐57) Effective March 1, 2010, firms must begin reporting transactions in Agency Debt Securities and primary market transactions and otherwise comply with all other requirements in the TRACE Rules, as amended, and amended FINRA Rule 7730. (09‐58) NASD Rule 2320(a) requires firms and their associated persons to use reasonable diligence to ascertain the best market for a security when handling transactions for or with a customer or a customer of another broker‐dealer. The amendments delete the requirement that, if a firm interposes a third party, the total costs and proceeds of the transaction must be better than the prevailing market and replace it with a specific obligation to apply the factors enumerated in Rule 2320(a) when a firm interjects a third party between the firm and the best available market. (09‐66) The primary purpose of BrokerCheck is to help investors make informed choices about the individuals and firms with which they do business.
Originality/value
These are direct excerpts designed to provide a useful digest for the reader and an indication of regulatory trends. The FINRA staff are aware of this summary but have neither reviewed nor edited it. For further details as well as other useful information, the reader should visit www.finra.org
Details
Keywords
The situating of pimatisiwin as a framework for spatial justice and self-determination aids educators in strengthening their understandings of Indigenous knowledges to support an…
Abstract
The situating of pimatisiwin as a framework for spatial justice and self-determination aids educators in strengthening their understandings of Indigenous knowledges to support an authentic inclusion of Indigenous students with disabilities. Through the sharing of Canada’s colonial history, and by critically examining the principles of care within special education, the author exposes its relationship with ableism, normalcy, eugenics, and white privilege to show how Indigenous peoples continue to be marginalized in the twenty-first century. This justice work asks educators to shift their perspectives of inclusion and wellness through the insertion of an Indigenous lens, one to help them see and hear the faces and voices of disabled Aboriginal children and their kinships. The chapter discusses the social model of disability, the psychology of Gentle Teaching, Indigenous ethics, and principles of natural laws through the voices of Nehiyawak and other knowledge keepers, in order to suggest an agenda for educators to come to an understanding of an emancipatory and gentle education. Spatial justice and Indigenous epistemologies merge as synergistic, inclusive, and holistic entities, to support Aboriginal children and youth as both they and those who teach learn to celebrate disabled ontologies. The chapter concludes by presenting how Gentle Teaching and Indigenous ways of knowing should be honored in this quest of creating an equitable, caring, and inclusive society for all disabled Indigenous children and youth.
Details
Keywords
Hypothesizes that the whole concept of “insidertrading” is being overplayed. Is the “average” sharepurchaser disadvantaged? After analysing the case law, the legislation(and…
Abstract
Hypothesizes that the whole concept of “insider trading” is being overplayed. Is the “average” share purchaser disadvantaged? After analysing the case law, the legislation (and proposed legislation) and the financial theory of efficient markets, concludes that insider trading exists only in the strong market hypothesis and only when a fiduciary duty is established. This is not a zero‐sum game in which one wins and the other loses – everyone can win, some maybe more than others. No one is being cheated; there is no way to establish parity of information nor would most investors know how to use it if it could be established. It appears that we could be embarking on a counter‐productive campaign that will punish those who achieve what their profession requires, all the necessary information on which to make an investment decision; particularly if they achieve it first.
Details
Keywords
Carolina Manrique, Tazim Jamal and Robert Warden
This chapter offers a new sustainability-oriented paradigm for cultural and heritage tourism studies: an integrated approach to heritage tourism and heritage conservation based on…
Abstract
This chapter offers a new sustainability-oriented paradigm for cultural and heritage tourism studies: an integrated approach to heritage tourism and heritage conservation based on resilience. Its extensive literature review examines resilience in a range of disciplinary areas, including heritage conservation and tourism studies. An important aim is to “make visible” often neglected parameters in the interactions among social, cultural, economic, and environmental dimensions of heritage conservation and tourism. Within the broader concept of resilience, “cultural resilience” was identified as a crucial bridge between conservation and tourism. The study argues that resilience in general and its cultural forms in particular offer a potentially valuable framework vital for an integrated approach between the two in the common pursuit to manage change and uncertainty in cultural and heritage destinations. The chapter concludes with directions for further development of sustainability-oriented paradigm studies.
Details
Keywords
Renée J. Mitchell, Barak Ariel, Maria Emilia Firpo, Ricardo Fraiman, Federico del Castillo, Jordan M. Hyatt, Cristobal Weinborn and Hagit Brants Sabo
More than a half a dozen published studies have observed the effect of body-worn cameras (BWCs) on complaints against the police. Nearly all, with varying degrees of…
Abstract
Purpose
More than a half a dozen published studies have observed the effect of body-worn cameras (BWCs) on complaints against the police. Nearly all, with varying degrees of methodological sophistication, tell a similar story: a strong reduction in complaints filed against the police once BWCs are in use. However, the entirety of the published evidence comes from English speaking countries, limited to the USA and the UK, and is restricted to the effects of BWCs on response policing. The purpose of this paper is to extend this body of research to Latin America, and to specialized policing jobs.
Design/methodology/approach
The authors measured the consequence of equipping traffic police officers with BWCs in five out of the 19 traffic police departments in Uruguay (n=208), and compared these settings to both the pre-test figures as well as to the non-treatment departments. Interrupted time-series analyses and repeated measures of analysis were used for significance testing.
Findings
Statistically significant differences emerged between the before–after as well as the between–groups comparisons: complaints were five times higher in the comparison vs the treatment jurisdictions, and there were 86 percent fewer cases compared to the pre-treatment period.
Research limitations/implications
These outcomes suggest that the effect of BWCs on complaints is ubiquitous.
Practical implications
The findings indicate that BWCs provide an effective solution for reducing grievances against the police, which can potentially be a marker of increased accountability, transparency and legitimacy for the Latin American law enforcement departments.
Originality/value
This study is an extension of findings on BWCs to non-English-speaking police departments, with a focus on specialized policing rather than patrol policing.
Details
Keywords
Blanca A. Camargo, Tazim Jamal and Erica Wilson
Pressing sustainability issues face the 21st century, as identified by the Millennium Development Goals and its post initiatives, and ethical principles related to fairness…
Abstract
Pressing sustainability issues face the 21st century, as identified by the Millennium Development Goals and its post initiatives, and ethical principles related to fairness, equity, and justice are increasingly important to address climate change and resource scarcities. Yet, such ethical dimensions remain surprisingly little addressed in the tourism literature. Ecofeminist critique offers insights into this gap, identifying historical antecedents in patriarchal, Enlightenment-driven discourses of science where positivistic approaches facilitate the control and use of nature and women. This chapter draws from this critique to propose a preliminary, justice-oriented framework to resituate sustainable tourism within an embodied paradigm that covers intangibles such as emotions, feelings, and an ethic of care.
Details
Keywords
This chapter explores the potential for and value of imagining a humanist paradigm for tourism studies. It explores how the idea of a “paradigm” in tourism can be conceptualized…
Abstract
This chapter explores the potential for and value of imagining a humanist paradigm for tourism studies. It explores how the idea of a “paradigm” in tourism can be conceptualized, arguing that dominant thoughtlines in other fields regarding the meaning of a paradigm are not sufficient for making sense of this idea in the context of tourism studies. The chapter introduces humanism as a philosophical position in the academy and as a lived cultural practice, explores examples of extant work in tourism studies that might be seen to provide the seeds of a humanist paradigm, and offers reflections on the value of imagining such a paradigm for our field.
Details