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1 – 10 of over 30000Bryan L. Barreras, Barbara M. Goodstein and Kevin C. McDonald
To explain the Hague Securities Convention in the context of secured financing transactions in the US and to discuss the implications of the Convention on new and existing…
Abstract
Purpose
To explain the Hague Securities Convention in the context of secured financing transactions in the US and to discuss the implications of the Convention on new and existing transactions, as well as on market practice going forward.
Design/methodology/approach
This article provides a broad overview of the Hague Securities Convention and the impact of the Convention’s choice of law rules on secured financing transactions in the US involving intermediated securities, including how this deviates from previously applicable laws (such as the Uniform Commercial Code), and provides practical considerations with respect to secured financing transactions.
Findings
While in most circumstances the Convention provides for the same choice of law as previously applicable laws, there are certain scenarios where the Convention will produce a different result. Market practice with respect to perfecting security interests will likely change to take account of the Convention and to provide the parties with certainty regarding the law applicable to secured transactions.
Practical implications
The Convention calls for increased diligence with respect to the law governing the account agreement between the debtor and the securities intermediary and whether the securities intermediary has a qualifying office in that jurisdiction.
Originality/value
Practical guidance from experienced finance lawyers.
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The conventions, conferences, assemblies, meetings and transient trade shows of voluntary membership organizations may be grouped together under the general heading of “conventions…
Abstract
The conventions, conferences, assemblies, meetings and transient trade shows of voluntary membership organizations may be grouped together under the general heading of “conventions”. Conventions have been growing in number and size throughout the world as the necessity of the interchange of information and specialized knowledge increases. In the professional, academic, and business fields, the mutual benefits obtained through personal contacts, the main reason for holding conventions, foster expanding attendance. Continuing improvements in the ease and efficiency of communications and transportation have been instrumental in facilitating more national and international conventions. It is as though the growing usage of electronic means of communications have stimulated rather than replaced face‐to‐face exchanges of ideas and of data.
Tianjian Liu, Sijun Liu and Yee Ming Lee
Guided by stimulus-organism-response (SOR) theory, this study analyzed the user-generated content (UGC) produced by attendees from six anime conventions in the USA.
Abstract
Purpose
Guided by stimulus-organism-response (SOR) theory, this study analyzed the user-generated content (UGC) produced by attendees from six anime conventions in the USA.
Design/methodology/approach
A total of 739 online reviews and 1,932 photos were collected from the social platforms of six large anime conventions in the USA (Yelp and Facebook), and the study employed thematic analysis and image analysis to analyze the collected UGCs.
Findings
The findings revealed eight main themes (i.e. ambient and space, customers, service and products, sign and symbol, social density, emotional status, motivation, and behavior intention) and 32 subthemes across the three dimensions of SOR theory. Leveraging the power of cutting-edge image analysis, the image labels obtained from the analysis contributed to the creation of network clusters. The result of the image analysis also continued consistently with the thematic analysis result, which reflected SOR theory.
Research limitations/implications
Theoretically, the study applied SOR theory and blended thematic and image analyses to gain a comprehensive understanding of anime convention attendees’ experience and categorized the attendees’ emotional status as positive or negative to reflect their overall evaluation. Practically, this study highlighted some complaints from attendees and provided suggestions for operators. However, the study focused only on large anime conventions in the USA; future studies should compare attendees’ experiences with small and large conventions or anime conventions worldwide.
Originality/value
The study utilized UGCs to understand the key patterns essential to attendees during anime conventions in the USA and applied SOR theory to its investigation.
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Globalization has created conditions in which business has become increasingly global. The combined effect of global business, intense competition, weakening of labor unions, and…
Abstract
Globalization has created conditions in which business has become increasingly global. The combined effect of global business, intense competition, weakening of labor unions, and the inability of national governments to control the negative effects of globalization has created immense difficulties in the formulation and implementation of global labor standards. This research takes an ancient industry with a long tradition of international features and regulations, that is, the maritime industry, as a case study to understand the dynamics associated with the regulation of a global industry. The study argues that J. R. Commons' works at the turn of the century not only give us excellent insights into the creation of global markets and the need for global labor rights protection but also provide us with a solution, that is, the creation of an “authoritative commission.” Finally, the study suggests that there is a need to enhance the role of ILO as a global “commission” to regulate the industry. Presently, the ILO does not have the essential features for becoming such a commission. Therefore, ILO should develop three important characteristics: ability to include new emerging actors, decision-making based on consensus and dialogue, and sanction power to implement its standards. Based on the above principles, ILO can work as the center of a global regulatory regime in the maritime industry. Through its power of sanction, it will implement its standards mainly through states. But, at the same time, it will network with unions and NGOs and all other important actors in the industry at local, national, and global levels to detect and eradicate substandard shipping.
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Julia Brandl and Anna Schneider
How headquarter (HQ) and subsidiary actors end conflicts and reach agreements is an important but still under-researched question in multinational corporations (MNC) literature…
Abstract
How headquarter (HQ) and subsidiary actors end conflicts and reach agreements is an important but still under-researched question in multinational corporations (MNC) literature. This conceptual article approaches these conflict dynamics from the Convention Theory perspective. Convention Theory draws attention to justice principles (known as “order of worth”) and to the material aspects in relations between MNC actors. We offer a framework that contributes to HQ-subsidiary relations research in three ways: (1) it links conflicts to justice principles, (2) it enriches the understanding of the stability of agreements, and (3) it sheds light on the activities needed for realizing preferred arrangements.
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The Convention on Preventing and Combating Violence against Women and Domestic Violence was adopted by the Council of Europe and opened for signature in Istanbul in 2011 (the…
Abstract
The Convention on Preventing and Combating Violence against Women and Domestic Violence was adopted by the Council of Europe and opened for signature in Istanbul in 2011 (the Istanbul Convention). The Istanbul Convention offers a treaty-level protection against domestic violence to all people, including LGBTQs, that is, lesbian, gay, bisexual, transgender, and queer persons. Intimate partner violence (IPV) occurs in same-sex relationships as well as different-sex relationships. In addition, LGBTQ persons face the risk of violence in homophobic and transphobic family environments. The Istanbul Convention has faced significant backlash, a process driven by the global anti-feminist movement that also calls for the protection of traditional family values. In the Convention, “gender” is described as “the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men” (Article 3(c)). The opponents of the Convention suggest that gender roles are not “given” by the society but inherent in different natures of women and men. The dissatisfaction of many States, such as Bulgaria, Armenia, Ukraine, and so on, is related to the perceived excessiveness of rights given to LGBTQ persons in the Istanbul Convention. This research paper sets aside the issue of political campaigning against the Convention in Eastern Europe, which has already been well reported. Instead, it aims to reveal how the protection against domestic violence under the Convention raises normative, conceptual, and substantive challenges in States entrenching the ideology of traditional family values in law.
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This chapter is about child labour as slavery in modern and modernizing societies in an era of rapid globalization.For the most part, child slavery in modern societies is hidden…
Abstract
This chapter is about child labour as slavery in modern and modernizing societies in an era of rapid globalization.
For the most part, child slavery in modern societies is hidden from view and cloaked in social customs, this being convenient for economic exploitation purposes.
The aim of this chapter is to bring children's ‘modern slavery’ out of the shadows, and thereby to help clarify and shape relevant social discourse and theory, social policies and practices, slavery-related legislation and instruments at all levels, and above all children's everyday lives, relationships and experiences.
The main focus is on issues surrounding (i) the concept of ‘slavery’; (ii) the types of slavery in the world today; (iii) and ‘child labour’ as a type, or basis, of slavery.
There is an in-depth examination of the implications of the notion of ‘slavery’ within international law for child labour, and especially that performed through schooling.
According to one influential approach, ‘slavery’ is a state marked by the loss of free will where a person is forced through violence or the threat of violence to give up the ability to sell freely his or her own labour power. If so, then hundreds of millions of children in modern and modernizing societies qualify as slaves by virtue of the labour they are forced – compulsorily and statutorily required – to perform within schools, whereby they, their labour and their labour power are controlled and exploited for economic purposes.
Under globalization, such enslavement has almost reached global saturation point.
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One of the most dramatic controversies over judicial independence in the United States occurred at the state level, in antebellum Kentucky, when two entirely different state high…
Abstract
One of the most dramatic controversies over judicial independence in the United States occurred at the state level, in antebellum Kentucky, when two entirely different state high courts remained in operation, each claiming to be the only legitimate tribunal. This chapter describes Kentucky's two-court crisis, but focuses primarily on the constitutional convention of 1849, which followed it. Through the lens of modern scholarship about judicial independence, the lessons that antebellum Kentuckians drew from their own history seem quite counterintuitive. They did not view their project of judicial design as a matter of balancing judicial independence with accountability, a task that many modern scholars of American politics have posited as the central problem of judicial design. Instead, Kentucky's constitutional convention sought to structure an institution that would allow the state's courts to respond to popular sentiment without compromising their independence. Thus, these debates suggest frameworks for understanding judicial independence that do not pit independence against judicial accountability or popular politics, but attempt to discern which forms of politics threaten the independence of courts, and which forms may not.
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…
Abstract
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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Katherine Assante Perrotta and Joseph R. Feinberg
College instructors are entering a new frontier of teaching in the 21st century. Millennial students are bringing to university classrooms different experiences regarding the ways…
Abstract
College instructors are entering a new frontier of teaching in the 21st century. Millennial students are bringing to university classrooms different experiences regarding the ways they learn and engage in critical thinking. As online universities gain more popularity across the country, higher education institutions are offering more hybrid and distance-learning courses on the Internet match the demand for using technology for teaching and learning. This action research study evaluates how the Annenberg Media digital simulation The Constitutional Convention of 1787 effected student engagement in an undergraduate history course at a community college in a metropolitan region of the Southeast. Practical suggestions are provided for college level history instructors to adapt digital simulations for teaching curricular and content skills that foster critical thinking, digital literacy, and engaged learning.
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