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The purpose of this paper is to analyze the US Supreme Court's March 30, 2010 decision in Jones v. Harris Associates, LP concerning the evaluation of investment advisory fees under Section 36(b) of the Investment Company Act of 1940.

The paper lays out the background of Section 36(b), the Second Circuit's 1982 decision in Gartenberg v. Merrill Lynch, and the plaintiff's allegation in the Jones case; discusses differences of opinion among the circuit courts on the fiduciary duty standard in Section 36(b); and explains the Supreme Court's reaffirmation of the Gartenberg standard, including a review of Section 36(b) on advisers' fiduciary duty, the role of comparative fees in the Section 36(b) calculus, the role of independent directors, and the dangers associated with judicial review of a board's decision regarding advisory fees.

The Court concluded its opinion by once more endorsing the principles articulated in Gartenberg.

The paper provides practical guidance from experienced securities lawyers.

The long controversy that has waxed furiously around the implementation of the EEC Directives on the inspection of poultry meat and hygiene standards to be observed in poultry slaughterhouses, cutting‐up premises, &c, appears to be resolved at last. (The Prayer lodged against the Regulations when they were formally laid before Parliament just before the summer recess, which meant they would have to be debated when the House reassembled, could have resulted in some delay to the early operative dates, but little chance of the main proposals being changed.) The controversy began as soon as the EEC draft directive was published and has continued from the Directive of 1971 with 1975 amendments. There has been long and painstaking study of problems by the Ministry with all interested parties; enforcement was not the least of these. The expansion and growth of the poultry meat industry in the past decade has been tremendous and the constitution of what is virtually a new service, within the framework of general food inspection, was inevitable. None will question the need for efficient inspection or improved and higher standards of hygiene, but the extent of the

Situational leadership (SL) remains highly popular among practitioners, despite considerable academic criticism, lack of theoretical debate, and relatively little published research into SL. We interviewed practicing managers trained in SL about their experiences in applying the model. SL appealed to the managers because of its intuitive simplicity, ease of use, and perceived relevance to managerial roles. SL can be applied consciously (with deliberation) or automatically. Contrary to expectations, practitioners did not report difficulty in assessing follower developmental levels. While respondents were aware that they needed to use all four SL styles in managing their people, consistent with previous research, these Australian managers preferred using supportive styles, and some went to considerable lengths to avoid being directive. The intercultural applicability of SL is questioned, and directions for further research into some of the hypotheses generated by this study are proposed.

The purpose of this study is to replicate Avery and Berger’s (1991) analysis using data from 2001 through 2011. Although risk-based capital (RBC) regulation is a key component of US banking regulation, empirical evidence of the effectiveness of these regulations has been mixed. Among the first studies of RBC regulation, Avery and Berger (1991) provide evidence from data on US banks that new RBC regulations outperformed old capital regulations from 1982 through 1989.

Using data from the Federal Reserve’s Call Reports, the authors compare banks’ capital ratios and RBC ratios to five measures of bank performance: income, standard deviation of income, non-performing loans, loan charge-offs and probability of failure.

Consistent with Avery and Berger (1991), the authors find banks’ risk-weighted assets to be significant predictors of their future performance and that RBC ratios outperform regular capital ratios as predictors of risk.

The study improves on Avery and Berger (1991) by using an updated data set from 2001 through 2011. The authors also discuss some potential limitations of this method of analysis.

The purpose of the paper is to build a sociocultural perspective of brand revitalization. Maintaining brands and bringing them back to life in the market has received much less interest than their creation. Moreover, the existing literature is dominated by the marketing management paradigm where the company’s role is emphasized. This paper addresses the phenomenon of brand revitalization from a sociocultural perspective and examines the role of consumer collectives in the process.

Using a data-driven approach, the study builds on the case of a consumer brand of footwear that has risen to unprecedented popularity without traditional marketing campaigns. Data were generated using an inductive theory building approach utilizing multiple methods, including interviews, participant observation and cultural materials.

The paper presents a conceptual model of cultural brand revitalization that has four stages: sleeping brand, spontaneous appropriation, diffusion and convergence.

Implications for companies in consumer markets are discussed, suggesting ways to facilitate the process of sociocultural brand revitalization.

The paper contributes to the literature first by offering a sociocultural brand revitalization scenario that highlights the interplay between the actions of consumers and the company, second, by examining the interaction between the symbolic meanings associated with the brand and the practices used by consumers and, third, by offering insights into the relevance of national identity in creating brand meaning.

This research explores the experiences of self-identified queer victims of intimate partner violence, their personal encounters with violence-response organizations, and the extent to which their gender/sexual identity impacted their willingness to disclose their abuse.

Eleven respondents were recruited from online queer social networking sites and were interviewed via e-mail or Skype.

All respondents identified as gender variant or had an abusive partner who identified as gender variant. All study participants reported having experienced physical abuse. Several reported sexual and emotional abuse. Respondents reported a reluctance to seek institutional support and intervention. Several respondents were unable to recognize abuse as abuse until much later. When asked about whether or not they sought intervention, most respondents in this study described a sort of isolation, where they perceived that they were facing prejudice and stigmatization, and risked being dismissed and delegitimized. Several respondents sensed that there simply were no organizations that were sensitized and available to queer-identified victims. Even if they had pursued help from existing institutions, several respondents communicated a doubt that they could truly be of service, since these institutions likely operated with heteronormative narratives and practices. Collectively, the respondents in this study describe experiences as victims of IPV that are clearly mediated by homophobia and cissism.

We emphasize the need for an “intersectional awareness” in scholarship and organizing surrounding IPV. We critique the state’s gender-based practices of violence intervention and propose alternative possibilities for more inclusive intervention and organizing on behalf of queer victims of violence.

The body of literature that exists on IPV among LGBTQ persons is small, and much of this literature is focused on how patterns of IPV differ from heterosexual violence. In exploring IPV among self-identified queer victims, we depart from most research on IPV in that our analysis is not so much concerned with the gender or sex assignment of the victim, but rather the gendered context in which the violence is playing out.