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Article
Publication date: 2 January 2009

Gerald A. Toner

The objective of the paper is to describe how criminal prosecutors in the USA have expanded the reach of federal statutes punishing fraud and extortion to combat the influence of…

Abstract

Purpose

The objective of the paper is to describe how criminal prosecutors in the USA have expanded the reach of federal statutes punishing fraud and extortion to combat the influence of organized criminal groups in certain American labor unions and employee benefit plans from 1980 to 2006.

Design/methodology/approach

The paper reviews newspaper accounts and published judicial decisions to explain how prosecutors have used fraud and extortion offenses in novel ways on a case‐by‐case basis to prosecute labor‐management corruption in the USA.

Findings

Although the American federal prosecutor's arsenal is limited to statutory crimes, prosecutors are continually evolving new means of addressing corruption on a case‐specific basis in the best tradition of Anglo‐American common law. By diligently persuading trial judges, appellate courts, and the US Congress of the merit of looking at fraud and extortion in new ways, federal prosecutors have carried out the intent of the statutory laws which Congress enacted to deal with corruption in government, business, and labor unions.

Practical implications

The federal criminal offense of “honest service fraud,” which was codified by Congress only following successful criminal prosecutions of public and private corruption, will continue to be used to address corruption on the part of persons holding fiduciary duties toward union members and employee pension and health benefit plan participants as the American retired population increases and the national government assumes greater oversight of employee health care.

Originality/value

The paper encourages the reader, especially those in law enforcement, to think creatively about the scope of existing criminal statutes while reviewing or enforcing their application to all forms of organizational corruption.

Details

Journal of Financial Crime, vol. 16 no. 1
Type: Research Article
ISSN: 1359-0790

Keywords

Book part
Publication date: 14 April 2016

Thomas M. Keck and Kevin J. McMahon

From one angle, abortion law appears to confirm the regime politics account of the Supreme Court; after all, the Reagan/Bush coalition succeeded in significantly curtailing the…

Abstract

From one angle, abortion law appears to confirm the regime politics account of the Supreme Court; after all, the Reagan/Bush coalition succeeded in significantly curtailing the constitutional protection of abortion rights. From another angle, however, it is puzzling that the Reagan/Bush Court repeatedly refused to overturn Roe v. Wade. We argue that time and again electoral considerations led Republican elites to back away from a forceful assertion of their agenda for constitutional change. As a result, the justices generally acted within the range of possibilities acceptable to the governing regime but still typically had multiple doctrinal options from which to choose.

Details

Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78635-076-3

Keywords

Book part
Publication date: 27 April 2004

Constance E. Bagley and Gavin Clarkson

This paper focuses on two related questions at the intersection of antitrust and intellectual property law. First, under what circumstances must the holder of a patent or a

Abstract

This paper focuses on two related questions at the intersection of antitrust and intellectual property law. First, under what circumstances must the holder of a patent or a copyright or the owner of a trade secret allow others to use that intellectual property? Second, under what circumstances can the holder of an intellectual property right use that right to make it difficult for another party to succeed in a related market? These questions have vexed antitrust and intellectual property scholars alike ever since the Federal Circuit ruled in 2000 that patent holders “may enforce the statutory right to exclude others from making, using, or selling the claimed invention free from liability under the antitrust laws,” a ruling that directly contradicted the Ninth Circuit ruling that antitrust liability could be imposed for almost identical conduct, depending on the motivations of the patent holder. The various proceedings in United States v. Microsoft only added fuel to the firestorm of controversy.After briefly retracing the jurisprudential path to see how this situation arose, we propose a solution that primarily involves a variation on the real property concept of adverse possession for the intellectual property space along with a slight extension of the Essential Facilities Doctrine for industries that exhibit network effects. We examine, both for firms with and without market power, how our proposal would resolve the situations presented by large fixed asset purchases, the introduction of entirely new products, and operating systems with network effects. We also demonstrate how our proposal could be applied in the European antitrust enforcement context.

Details

Intellectual Property and Entrepreneurship
Type: Book
ISBN: 978-1-84950-265-8

Article
Publication date: 12 September 2008

Gerald Reiner, Krisztina Demeter, Martin Poiger and István Jenei

Despite geographical proximity, major economic differences exist between Western European countries and the formerly socialist Eastern European countries. The main objective of…

4151

Abstract

Purpose

Despite geographical proximity, major economic differences exist between Western European countries and the formerly socialist Eastern European countries. The main objective of this study is to develop a better understanding of internationalization decision processes in this specific context.

Design/methodology/approach

By means of multiple case study research, six Austrian and five Hungarian companies in order to extend and refine existing theory on internationalization decisions given the current situation in Central Europe are analyzed. In particular, the paper uses extant literature to build a conceptual framework from which we derive propositions as a basis and a guide for data collection and analysis.

Findings

In addition to cost considerations, process and product innovations are becoming increasingly important dimensions in explaining the reasons for internationalization projects. The reasons for internalization and solutions (relocated products and processes, entry mode and location) are closely interrelated.

Originality/value

Although this framework for the internationalization decision process is applied in a very specific context, the authors believe that the framework can also be very helpful in understanding these decision processes in a more general setting. In particular, companies in other regions where developed and emerging countries are relatively close to one another might be able to utilize our framework and results (in Asia or America).

Details

International Journal of Operations & Production Management, vol. 28 no. 10
Type: Research Article
ISSN: 0144-3577

Keywords

Article
Publication date: 1 May 1994

Eric Sandelands

Many organizations are investing much time and effort in the management of quality. A few enlightened ones even have a vision to be the best. G. Howland Blackiston, thepresident…

2174

Abstract

Many organizations are investing much time and effort in the management of quality. A few enlightened ones even have a vision to be the best. G. Howland Blackiston, the president of the Juran Institute, noted recently that, “All around the world companies are waking up to ‘quality’. Everyone is touting quality. Many are attempting it. Some organizations have gotten enviable results by using the concepts of ‘managing for quality’ dramatically to lower their costs, increase their profits and become more competitive in an increasingly competitive market. For these winners, quality has become an integral part of their business strategy”.

Details

Management Decision, vol. 32 no. 5
Type: Research Article
ISSN: 0025-1747

Content available
Book part
Publication date: 26 September 2022

Richard D. Simmons and Nigel Culkin

Abstract

Details

Covid, Brexit and The Anglosphere
Type: Book
ISBN: 978-1-80382-690-5

Content available
Article
Publication date: 6 February 2009

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Abstract

Details

International Journal of Operations & Production Management, vol. 29 no. 2
Type: Research Article
ISSN: 0144-3577

Article
Publication date: 1 February 1995

Stuart Glogoff

Librarians at the University of Arizona (UA) actively contribute to the university's instructional process. A library skills program started in the mid‐1970s is required of all…

Abstract

Librarians at the University of Arizona (UA) actively contribute to the university's instructional process. A library skills program started in the mid‐1970s is required of all students taking freshman English. Course‐related instruction, integrated with many undergraduate classes, brings thousands of students into the library each year. In addition, librarians give seminars presenting online resources and software products of interest to faculty members.

Details

Reference Services Review, vol. 23 no. 2
Type: Research Article
ISSN: 0090-7324

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