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1 – 10 of over 1000Family constitutions are relatively new to the law of family companies, although there might have been forerunners in the history of entrepreneur families. The practical…
Abstract
Family constitutions are relatively new to the law of family companies, although there might have been forerunners in the history of entrepreneur families. The practical importance and the proliferation of family constitutions in German family companies are increasing, along with the discussion of family constitutions in legal literature. This new instrument of family governance is not law driven but business driven, it has been designed by business advisors. Its analysis and classification are still at the very beginning in academic research and practice. Even though family constitutions are generally deemed to be without any legal effect and not legally binding, from a legal point of view, this assumption is at least highly questionable.
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Antonio Davola and Gianclaudio Malgieri
The attempt to establish a common European framework for core platforms' duties and responsibilities toward other actors in the digital environment is at the core of the recent…
Abstract
The attempt to establish a common European framework for core platforms' duties and responsibilities toward other actors in the digital environment is at the core of the recent scholarly debate surrounding the Digital Markets Act (DMA) proposal. In particular, the everlasting juxtaposition between the “data power” – as emerging from recent cases (Section 2) – that dominant tech companies enjoy and the concept of consumer sovereignty (Section 3) lies at the core of the proposal's attempt to identify digital core platforms as market gatekeepers. Accordingly, this chapter critically investigates the divide between power imbalance and consumer sovereignty in light of the architecture designed by the DMA, with a specific focus on its effectiveness in identifying gatekeepers' power drivers (Section 4). After highlighting the main critical aspects of the pertinent rules, opportunities for fruitful developments are then identified through the reframing of some of the notions considered in the proposal, and namely the role of “lock-in” effects and “data accumulation” (Section 5). Lastly, this chapter suggests that the DMA advancements – while desirable – are bound to be fragmentary in the absence of a wider appraisal of the nature of data power imbalance dynamics in the modern digital markets (Section 6).
Maha Khemakhem Jardak, Marwa Sallemi and Salah Ben Hamad
Remuneration policies may differ from country to country, and their effect on bank stability could be due to the legal framework. Therefore, this study aims to investigate how the…
Abstract
Purpose
Remuneration policies may differ from country to country, and their effect on bank stability could be due to the legal framework. Therefore, this study aims to investigate how the legal system impacts the relationship between CEO compensation and bank stability across countries.
Design/methodology/approach
To test the study hypotheses, the authors use panel data of 74 banks operating in ten OECD countries during the period 2009–2016 and apply the generalized moments method regression model to better remediate the endogeneity problem.
Findings
The findings confirm that a country’s banking regulations significantly affect its bank stability. Common law countries have less bank stability than civil law countries. This result can be interpreted by the fact that, in common-law countries, banks’ CEO are strongly protected by the law, so they allocate a large part of bank assets to risky loans to improve their variable remuneration.
Practical implications
The research can help policymakers understand bank stability in one country. Any legal reform would require prior knowledge of how risk-taking may arise in executive compensation.
Originality/value
The contribution is to explain the controversial effect of executive compensation on bank stability in the framework of legal theory. The authors argue that regulators should monitor compensation structures and that the country’s legal origin of law shapes the CEO compensation structure and is a determinant of bank stability. To the best of the authors’ knowledge, there are no studies exploring this field. So, this study tries to shed more light on the dark side of CEOs’ behavior when undertaking risky projects to maximize their remuneration.
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Fabian Maximilian Johannes Teichmann and Chiara Wittmann
Through the lens of ethical appreciation, this paper aims to discuss what it means for a company to claim taking responsibility for its supply chain and whether this is a…
Abstract
Purpose
Through the lens of ethical appreciation, this paper aims to discuss what it means for a company to claim taking responsibility for its supply chain and whether this is a reasonable demand to make by corporations.
Design/methodology/approach
The place of ethics in economic and legislation is not selfevident. The intersection of ethics and economics through the topic of supply chains is approached by breaking down, respectively, the integral features of supply chains and the ethical considerations in compliance regulations.
Findings
The transnational nature of global supply chains, the depth of manufacturing tiers and the power asymmetries between buyer and seller are some of the fundamental sticking points in dissecting corporate social responsibility.
Originality/value
This paper uses a unique parallel perspective of the broad ethical concerns, which have developed under the umbrella term of responsibility, as well as the finer ethical details which are integral to supply chains as international structures of dependency.
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The purpose of this study is to analyze the anti-money-laundering (AML) policies in place around the world for digital assets and cryptocurrencies.
Abstract
Purpose
The purpose of this study is to analyze the anti-money-laundering (AML) policies in place around the world for digital assets and cryptocurrencies.
Design/methodology/approach
This study examines the regulatory frameworks of some of the most prominent international crypto markets and provides an analysis of macro trends in digital asset money laundering legislation.
Findings
As widespread use of cryptocurrencies has increased, authorities around the world have begun to focus on the associated money-laundering concerns. Organizations that want to take advantage of investment opportunities related to digital assets must keep an eye on the ever-changing worldwide regulatory landscape.
Practical implications
Before entering the digital asset market, potential participants should familiarize themselves with the relevant regulations and processes. In cases where enterprises interface with several international regulators, the complexity of these factors can increase.
Originality/value
This essay is written for financial institutions who are considering crypto-related investment opportunities as a means of diversification to better comprehend the worldwide AML regulatory framework pertaining to digital assets.
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Judith Christiane Ostermann and Steven James Watson
The purpose of this study was to investigate whether indicating victims of sexual attacks actively resisted their attacker or froze during their assault affected perceptions of…
Abstract
Purpose
The purpose of this study was to investigate whether indicating victims of sexual attacks actively resisted their attacker or froze during their assault affected perceptions of victim blame, perpetrator blame and seriousness of the crime. We also tested whether victim and perpetrator gender or participants’ rape myth endorsement moderated the outcomes.
Design/methodology/approach
This study was a cross-sectional, vignette survey study with a 2 × 2 between-participants experimental design. Participants read a mock police report describing an alleged rape with a female or male victim who either resisted or froze, while perpetrator gender was adjusted heteronormatively.
Findings
Freezing and male victims were blamed more than resisting and female victims. Perpetrators were blamed more when the victim resisted, but male and female perpetrators were blamed equally. Seriousness of the crime was higher for male perpetrators and when the victim resisted. Female, but not male, rape myth acceptance moderated the relationship between victim behaviour and outcome variables.
Originality/value
This study highlights the influence of expectations about victim behaviour on perceptions of rape victims and the pervasive influence of rape myths when evaluating female rape victims. The data is drawn from the German border region of the Netherlands, which is an especially valuable population given the evolving legal definitions of rape in both countries.
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