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11 – 20 of over 7000Rachel Kappler and Arduizur Carli Richie-Zavaleta
Human trafficking (HT) is a local, national and international problem with a range of human rights, public health and policy implications. Victims of HT face atrocious abuses that…
Abstract
Purpose
Human trafficking (HT) is a local, national and international problem with a range of human rights, public health and policy implications. Victims of HT face atrocious abuses that negatively impact their health outcomes. When a state lacks protective laws, such as Safe Harbor laws, victims of HT tend to be seen as criminals. This paper aims to highlight the legal present gaps within Missouri’s anti-trafficking legislation and delineates recommendations for the legal protection of victims of HT and betterment of services needed for their reintegration and healing.
Design/methodology/approach
This case-study is based on a policy analysis of current Missouri’s HT laws. This analysis was conducted through examining current rankings systems created by nationally and internationally recognized non-governmental organizations as well as governmental reports. Additionally, other state’s best practice and law passage of Safe Harbor legislations were examined. The recommendations were based on human rights and public health frameworks.
Findings
Missouri is a state that has yet to upgrade its laws lately to reflect Safe Harbor laws. Constant upgrades and evaluations of current efforts are necessary to protect and address HT at the state and local levels. Public health and human rights principles can assist in the upgrading of current laws as well as other states’ best-practice and integration of protective legislation and diversion programs to both youth and adult victims of HT.
Research limitations/implications
Laws are continually being updated at the state level; therefore, there might be some upgrades that have taken place after the analysis of this case study was conducted. Also, the findings and recommendations of this case study are limited to countries that are similar to the USA in terms of the state-level autonomy to pass laws independently from federal law.
Practical implications
If Safe Harbor laws are well designed, they have greater potential to protect, support and assist victims of HT in their process from victimization into survivorship as well as to paving the way for societal reintegration. The creation and enforcement of Safe Harbor laws is a way to ensure the decriminalization process. Additionally, this legal protection also ensures that the universal human rights of victims are protected. Consequently, these legal processes and updates could assist in creating healthier communities in the long run in the USA and around the world.
Social implications
From a public health and human rights perspectives, communities in the USA and around the world cannot provide complete protection to victims of HT until their anti-trafficking laws reflect Safe Harbor laws.
Originality/value
This case study, to the best of the authors’ knowledge, is a unique analysis that dismantles the discrepancies of Missouri’s current HT laws. This work is valuable to those who create policies at the state level and advocate for the protection of victims and anti-trafficking efforts.
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Michael A. Carrier and Steve D. Shadowen
Brand-name pharmaceutical companies have engaged in a variety of business conduct that has increased price. One of these activities involves “product hopping,” or brand switches…
Abstract
Brand-name pharmaceutical companies have engaged in a variety of business conduct that has increased price. One of these activities involves “product hopping,” or brand switches from one version of a drug to another. The antitrust analysis of product hopping implicates antitrust law, patent law, the Hatch–Waxman Act, and state drug product selection laws, as well as uniquely complicated markets characterized by buyers different from decision makers. As a result, courts have offered inconsistent approaches to product hopping.
In this chapter, we offer a framework that courts and government enforcers can employ to analyze product hopping. The framework is the first to incorporate the characteristics of the pharmaceutical industry. It defines a “product hop” to include instances in which the manufacturer (1) reformulates the product to make the generic nonsubstitutable and (2) encourages doctors to write prescriptions for the reformulated rather than the original product.
When the conduct meets both requirements, our framework offers two stages of analysis. First, we propose two safe harbors to ensure that the vast majority of reformulations will not face antitrust review. Second, the framework examines whether the hop passes the “no-economic-sense” test, determining if the behavior would make economic sense if the hop did not have the effect of impairing generic competition. Showing just how far the courts have veered from justified economic analysis, the test would recommend a different analysis than that used in each of the five product-hopping cases that have been litigated to date, and a different outcome in two of them.
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Robert Osei-Kyei and Albert P.C. Chan
Since 1960, many public–private partnership (PPP) projects have been implemented in Hong Kong. Some projects have been considered as very successful, whereas others are seen as…
Abstract
Purpose
Since 1960, many public–private partnership (PPP) projects have been implemented in Hong Kong. Some projects have been considered as very successful, whereas others are seen as less successful. Unfortunately, these success outcomes have remained abstract because they are not in quantifiable terms. This paper aims to develop a model that can quantify the success outcome of PPP projects in Hong Kong.
Design/methodology/approach
Both quantitative and qualitative research approaches were adopted for the study. First, a questionnaire survey was conducted with PPP practitioners in Hong Kong, and thereafter, the fuzzy synthetic evaluation technique was used to develop a project success index for PPP projects in Hong Kong. The Hong Kong Cross-Harbour Tunnel project was used as a case study to demonstrate the applicability of the pragmatic model.
Findings
The success index model developed consists of four unrelated success criteria groupings: cost effectiveness, quality of services and technical specification, environmental impact and long-term partnership. Further, the computed success index for the Cross-Harbour Tunnel project is 4.06, which indicates that the tunnel project has been highly successful.
Originality/value
The outputs of this study will enable PPP practitioners in Hong Kong to reliably evaluate the success levels of their projects. In addition, local practitioners can now compare the success levels of two or more PPP projects on the same basis.
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Abstract
June 8, 1970 Docks — Port Talbot — “Dock estate” — Meaning — New harbour and jetty built adjacent to old harbour — Whether part of port of Port Talbot — “Dock work” — “Discharging from ship” — Discharging ore in continuous operation involving work with unloaders, belt conveyor system and primary boomstacker in stockyard — Stacking in stockyard — Whether dock work ordinarily performed by dock workers at Port Talbot — Dock Labour Scheme for South Wales Ports (1942) App. (4) — Port of Port Talbot Registration Amended Scheme (1943) Sch. para. I (1) (a) — Dock Workers (Registration of Employment) Act, 1946 (9 & 10 Geo. VI, c. 22), s. 2(5)(6) — Dock Workers (Registration of Employment) (Amendment) Order, 1967 (S.I. 1967,No. 1252), Sch. 2, App. I M. (4).
Ming-Miin Yu, Bo Hsiao, Shih-Hsun Hsu and Shaw Yu Li
This paper presents an alternative approach to evaluating the overall efficiency and performance of Taiwanese container ports. Specifically, a parallel activity with series…
Abstract
This paper presents an alternative approach to evaluating the overall efficiency and performance of Taiwanese container ports. Specifically, a parallel activity with series structure concept in the form of data envelopment analysis (MNDEA) is used to construct a model that applies to three different activities: harbor management, stevedoring and warehousing operations. We will further divide each activity into two process types, production processes and services processes. We will also adopt a Delphi survey approach and use the Analytic Network Process (ANP) to identify these processes’influence dependence and their degree of importance for the MNDEA model setting. An empirical application demonstrates the performance of Taiwanese container ports by using MNDEA with window analysis techniques via the directional distance functionThe results demonstrate that the application is effective in indicating and/or suggesting resource-adjustments, while considering which undesirable output levels and shared inputs were involved. The results also present directions for possible improvements in workplace efficiency.
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Laurie A. Cerveny, Floyd I. Wittlin, Michael P. O'Brien and Michael R. Trocchio
The purpose of this paper is to explain the Securities and Exchange Commission's recently proposed amendments to Rule 10b‐18 under the Securities Exchange Act of 1934 that are…
Abstract
Purpose
The purpose of this paper is to explain the Securities and Exchange Commission's recently proposed amendments to Rule 10b‐18 under the Securities Exchange Act of 1934 that are intended to modernize Rule 10b‐18 to reflect changes in the market since the Rule's adoption.
Design/methodology/approach
The paper provides an overview of Rule 10b‐18, which provides an issuer that is buying its own stock a safe harbor from liability for market manipulation if the issuer satisfies the purchase, timing, price and volume conditions defined in Rule 10b‐18. It outlines the proposed amendments to the timing condition, price condition, limitation on disqualification, and the time in which the safe harbor is available in connection with an acquisition by a special purpose acquisition company.
Findings
The proposed amendments are intended to modernize Rule 10b‐18 to reflect changes in the market since the Rule's adoption.
Practical implications
The proposed amendments to the price condition and the disqualification provisions will likely be welcome by issuers and brokers who have been challenged by the evolution of market practices and technology, but the amendments to the timing condition and the restrictions on SPACs could result in fewer opportunities for issuers to purchase their own shares under the safe harbor.
Originality/value
The paper provides practical guidance from experienced securities lawyers.
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Alexandros Apostolakis, Shabbar Jaffry, Faye Sizeland and Adam Cox
– The purpose of this paper is to examine the potential for utilizing a unique resource, such as the Historic Portsmouth Harbor, in order to differentiate the local brand.
Abstract
Purpose
The purpose of this paper is to examine the potential for utilizing a unique resource, such as the Historic Portsmouth Harbor, in order to differentiate the local brand.
Design/methodology/approach
The objective of the paper is to examine the role of unique local resources and attractions as a source of competitive advantage through destination branding.
Findings
The main findings of the paper indicate that policy makers and destination managers should more proactively utilize the unique elements of the Historic Portsmouth Harbor “brand,” as opposed to the commonplace “waterfront city” brand. This could be achieved by staging events of international significance or through a bid for gaining world heritage status. In addition to that, the paper argues that in order for this branding initiative to have a higher impact, a prominent high profile individual should be appointed. This individual could act as a leader or “brand ambassador” in order to attract stakeholder interest and participation.
Originality/value
The paper could be of value to destination managers and marketing organizations in a local, sub-regional and regional level.
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This chapter integrates two separate branches of the law and economics literature to demonstrate the two-sided risk of market exclusion by a vertically integrated firm (VIF) with…
Abstract
This chapter integrates two separate branches of the law and economics literature to demonstrate the two-sided risk of market exclusion by a vertically integrated firm (VIF) with upstream and downstream market power. The ratio of downstream (retail) to upstream (wholesale) price-cost margins is key. A margin ratio that is “too low” can result in a vertical price squeeze, whereas one that is “too high” can create incentives for the VIF to engage in non-price discrimination or sabotage. A price squeeze occurs when a rival is inefficiently foreclosed because the upstream (input) price is too high relative to the downstream (output) price. Sabotage arises when the VIF raises its rivals' costs which, in turn, raises their prices and diverts demand from the rivals to the VIF. Displacement ratios delineate the range of safe harbor margin ratios within which neither form of market exclusion arises. The admissible range of these margin ratios is decreasing in the degree of product substitutability and reduces to a single ratio in the limit as the competing products approach perfect substitutes. The policy challenge is to apply these pricing constraints judiciously to prevent market exclusion in accordance with a consumer-welfare standard, while recognizing the risk that these protections can be appropriated and used strategically in the errant pursuit of a competitor-welfare standard. These issues may take on greater prominence in light of the recent release of the DOJ/FTC draft vertical merger guidelines.
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Drawing on the theories of social identity and realistic conflict theory, the purpose of this study is to enrich the literature by proposing and testing a model conceptualizing…
Abstract
Purpose
Drawing on the theories of social identity and realistic conflict theory, the purpose of this study is to enrich the literature by proposing and testing a model conceptualizing the relationships between animosity, an antecedent (tourists’ perception of a heritage site) and demand variables (e.g. length of stay).
Design/methodology/approach
Data collected for the study is based on a combination of qualitative (20 interviews) and quantitative research (n = 330) methods.
Findings
The study demonstrates that animosity should be integrated into tourism research. The study provides relevant insights indicating that animosity harbored toward locals is crucial to the understanding of tourists’ behavior.
Research limitations/implications
The study provides relevant insights indicating that animosity harbored toward locals is crucial to the understanding of tourists’ behavior.
Practical implications
Managerial implications for those entrusted with the promotion of tourism and site management are suggested in areas at the heart of a conflict.
Originality/value
The study of animosity challenges the common view in heritage tourism which focus on positive emotions harbored by tourists. In the present study, the authors focus on the consequences of negative emotions.
摘要
目的
采用社会认同和现实冲突等理论来尝试充实文献, 具体做法为:提出并测试模型以确立憎恶、先行条件(游客对遗产地的感知)、需求变量(例如停留时间)之间的关系。
构思/方法/途径
结合定性(20次访谈)和定量(n = 330)两种研究方法, 为本项研究收集数据。
研究结果
研究表明:应将憎恶纳入旅游业研究中。本次研究提供的相关见解表明:游客对当地人怀有的敌意, 对于理解游客行为至关重要。
独创性/价值
遗产旅游业的普遍观点侧重于研究游客所怀有的积极情绪, 对其敌意情感的研究对这一普遍观点提出了挑战。在本项研究中, 我们侧重于负面情绪产生的后果。
关键词
憎恶、遗产地、西岸、行为意图、犹太定居者、巴勒斯坦人
文章类型
研究论文
Propósito
Basándonos en las teorías de la identidad social y la teoría realista del conflicto, intentamos enriquecer la literatura proponiendo y probando un modelo que conceptualice las relaciones entre la animosidad, un antecedente (percepción que tienen los turistas de un sitio patrimonial) y las variables de demanda (por ejemplo, la duración de la estadía).
Diseño/Metodología/Enfoque
Los datos recopilados para el estudio se basan en una combinación de métodos de investigación cualitativa (20 entrevistas) y cuantitativa (n = 330).
Hallazgos
El estudio demuestra que la animosidad debe integrarse en la investigación turística. El estudio proporciona información relevante que indica que la animosidad contra los lugareños es crucial para comprender el comportamiento de los turistas.
Originalidad/Valor
El estudio de la animosidad desafía la visión común en el turismo patrimonial que se enfoca en las emociones positivas que albergan los turistas. En este estudio nos centramos en las consecuencias de las emociones negativas.
Palabras clave
Animosidad, sitios patrimoniales, cisjordania, intenciones de comportamiento, colonos judíos, palestinos.
Tipo de papel
Trabajo de investigación
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JONATHAN HERBST and KATIE McCAW
In 2000 the U.K. introduced the Financial Services and Markets Act. Under this Act, a code containing “guidelines” on “market abuse” was issued. The authors provide an in‐depth…
Abstract
In 2000 the U.K. introduced the Financial Services and Markets Act. Under this Act, a code containing “guidelines” on “market abuse” was issued. The authors provide an in‐depth examination of “market abuse” and the defenses available under the code.