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Book part
Publication date: 10 June 2019

Jeb Barnes

Litigation is part of the American policymaking playbook as diverse groups routinely turn to courts to pursue their agendas. All of this litigation raises questions about…

Abstract

Litigation is part of the American policymaking playbook as diverse groups routinely turn to courts to pursue their agendas. All of this litigation raises questions about its consequences. This essay examines the literature on the political risks of litigation. It argues that this literature identifies four potential risks – crowd out, path dependence, backlash, and individualization – but offers less insight into the likelihood of these risks in practice. It ends by offering suggestions about how to advance our understanding of when litigation casts a negative political shadow in the current age of judicialization.

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Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78973-727-1

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Book part
Publication date: 5 August 2019

Lauren S. Foley

The chapter intervenes in the debate among scholars of legal impact about the extent to which law can change society. Reformers, aims are frustrated when targets of law…

Abstract

The chapter intervenes in the debate among scholars of legal impact about the extent to which law can change society. Reformers, aims are frustrated when targets of law respond with resistance to court decisions, especially where mechanisms to enforce case law are weak (Hall, 2010; Klarman, 2006; Rosenberg, 1991). Even when law’s targets abide by a law, however, other important studies have demonstrated that organizations can leverage ambiguous language to craft policies in compliance that further their aims (Barnes & Burke, 2006; Edelman, 2016; Lipson, 2001). This chapter examines a case in which a state constitutional provision banning affirmative action was written in relatively unambiguous language and one of its targets announced its intention to comply. Through extensive interviews with University officials, this chapter examines the University of Michigan’s use of financial, technological, and political resources to follow the language of the law while still blunting its impact. These findings suggest that to understand law’s impact on society, we need to reconceive compliance and not only take the clarity of the law and its enforcement mechanisms into account but also attend to the goals, resources, and practices of the groups it targets.

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Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-83867-058-0

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Book part
Publication date: 2 September 2009

Thomas F. Burke and Jeb Barnes

The empirical literature that attempts to study rights is at an impasse. It can demonstrate that big claims about how some rights structure politics are overblown, but it…

Abstract

The empirical literature that attempts to study rights is at an impasse. It can demonstrate that big claims about how some rights structure politics are overblown, but it has struggled to go beyond this step. This is in large part because studying rights is much more difficult than is commonly appreciated. A study of rights promises implicitly to be a study of how rights politics differs from other kinds of politics. But rights are so ubiquitous and so diverse in form that it is often unclear what the excluded other is. We examine three books on rights that we admire: two by political scientists, Gerald Rosenberg's The Hollow Hope and Michael McCann's Rights at Work, and one by an anthropologist, Sally Merry's Human Rights and Gender Violence. These books conceptualize rights in diverse ways, in diverse settings, using diverse methodologies; yet they run up against similar difficulties in trying to think beyond the cases they study. At the conclusion, we make some humble suggestions for how researchers might try to overcome these problems.

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Special Issue Revisiting Rights
Type: Book
ISBN: 978-1-84855-930-1

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Book part
Publication date: 2 September 2009

Abstract

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Special Issue Revisiting Rights
Type: Book
ISBN: 978-1-84855-930-1

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Book part
Publication date: 10 June 2019

Abstract

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Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78973-727-1

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Article
Publication date: 9 May 2016

Norman Mugarura

The purpose of this paper is to articulate the law relating to syndicated loan agreements and what legal experts and parties need to safeguard against inherent pitfalls in…

Abstract

Purpose

The purpose of this paper is to articulate the law relating to syndicated loan agreements and what legal experts and parties need to safeguard against inherent pitfalls in its usage and practice. The research design of this paper has two strands: an examination of generic issues relating syndicated loan agreements and the process; and the mechanisms for transferring proprietary rights and interests should parties want to do so.

Design/methodology/approach

The paper was written on the basis of evaluating primary and secondary data sources to gain insights into commercial experiences of harnessing syndicated loan facilities as an alternative form of raising finance for development projects. It has examined case law which reflects the law and practice of syndicated loan markets both in common and civil law jurisdictions. Particular attention has been paid to the credibility of source materials and its relevance to usage and practice of syndicated loan agreements. The core element of this methodology has been an evaluation of generic issues which underpin syndicated loan agreements, analysis of academic literature and evaluation of cases and policy documents. The paper has drawn examples in both common and civil jurisdictions to gain insights into the law which governs syndicated loan markets and its practical application. There has been an uptake in syndicated loan markets not only in United Kingdom but also globally. While there has been a growing body of literature on syndicated loan markets, mechanisms for transferring proprietary rights and interests of contractual parties have not been given proportionate attention. The paper addresses a gap in the law of syndicated loan markets and the varied ways in which they are harnessed in international commercial practice. It addresses existing gaps in the law and practice of syndicated loans, not only in the UK but also in other jurisdictions where examples have been drawn. The research design of this paper has two strands: an examination of generic issues relating loans and the process in which they are constituted as financial products; and the mechanisms for transferring proprietary rights and interests.

Findings

The findings underscore the fact that much as syndicated loans offer huge advantages to commercial parties, there are also intricacies which parties need to keep in mind and guard against. Like in other forms of commercial agreements, parties to a syndicated loan agreement have the power to nominate the governing law not necessarily from jurisdictions where they do business but as they may see fit. In practice, effective contractual terms in syndicated loans are to be applied slightly differently to other form of commercial agreements in English contract law. For example, representation and warranties are grouped together and constitute statements by the borrower, which the lender considers should be true at the inception of the loan agreement. As a syndicated loan involves the participation of many banks (obviously some foreign banks), there is the potential for conflict of laws. As such, arranging a syndicated loan should be governed by the relating to international commercial contracts to address the challenge posed by conflict of laws. This is essential to ensure proprietary transfer of rights in the asset are properly constituted and effective. The loan should be carefully structured to reflect important technical issues which relate to duties and obligation of contractual parties.

Research limitations/implications

This was largely a theoretical paper undertaken on the basis of evaluating primary and secondary data sources, some of which were not able to corroborate. It would have been better to corroborate some of the data sources used with financial institutions (which specialise in syndicate loans and related products) to mitigate the potential for bias the data used were generated.

Practical implications

It is important that legal practitioners and policy markers have access to requisite data on different types of loan markets not only in the UK but also other jurisdictions. One of the most important implication is that unlike bond markets (which are sought in response to an uptake in market risks), the foregoing environment tends to negatively correlate in syndicated loan markets. Lending institutions such as banks tend to be cautious when there are instabilities in the market as demonstrated in the aftermath of the recent global financial crisis (2010-2014). There is a converse relationship between loan markets and syndicated loans, which is explained by the fact that the higher the risks, the more cautious lenders (financial institutions) tend to be to safeguard against uncertainties of ending in an environment which is not conducive for business. Bonds on the other hand are sought as security by credit markets against inherent risks especially in times of economic uncertainties. This is why in the aftermath of the recent global financial crisis, banks were anxious and unwilling to lend not only to each other but also to small business for fear and to curtail potential market risks. It needs to be noted that just like in other forms of international commercial agreements, parties in syndicated loan agreements have autonomy to nominate the governing law of the agreement, not necessarily from jurisdictions where parties do business. Where parties have not nominated the governing law clause of syndicated loan contracts, rules of private international law such as characteristic performance of the contract will apply.

Social implications

There is a growing body of literature on syndicated loan markets, but one wonders why mechanisms for transferring proprietary rights and interests of contractual parties have not been written about as much. It is an important area but has somehow been overlooked by scholars on this subject. If the borrowers’ fails to keep up their repayments (default), it will have an adverse on loan markets and the economic stability which will in turn affects businesses, people and national governments.

Originality/value

The paper was written on the basis of evaluating primary and secondary data sources to gain insights into commercial experiences of harnessing syndicated loan facilities as an alternative form of raising finance for development projects. It has examined case law which reflects the law and practice of syndicated loan markets both in common and civil law jurisdictions. Particular attention has been paid to the credibility of source materials and its relevance to usage and practice of syndicated loan agreements. The core element of this methodology has been an evaluation of generic issues which underpin syndicated loan agreements, analysis of academic literature and evaluation of cases and policy documents. The paper has drawn examples in both common and civil jurisdictions to gain insights into the law which governs syndicated loan markets and its practical application.

Details

Journal of Financial Regulation and Compliance, vol. 24 no. 2
Type: Research Article
ISSN: 1358-1988

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Article
Publication date: 1 February 1993

Eleanor S. Block

Many individuals experience a sense of déjà vu when smelling a particular scent in the air or on hearing a name or words from the past. At times even the faintest scent or…

Abstract

Many individuals experience a sense of déjà vu when smelling a particular scent in the air or on hearing a name or words from the past. At times even the faintest scent or sound may evoke old memories and stir the senses. This is particularly true when the names of long‐ago television and radio programs are heard. Depending on one's age and the part of the country in which one lived, people born before the “baby boom” years (1946–1964) often feel a profound sense of nostalgia about such radio programs as Mr. District Attorney and Fibber McGee and Molly or the television shows Howdy Doody and Toast of the Town/Ed Sullivan Show. These early programs are considered part of the “golden age” of radio and television broadcasting.

Details

Reference Services Review, vol. 21 no. 2
Type: Research Article
ISSN: 0090-7324

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Article
Publication date: 1 April 1983

Eleanor S. Block

Publishers are producing new reference sources on film at an astonishing rate. Each week reviews and advertisements appear to announce yet another book. Books vary in…

Abstract

Publishers are producing new reference sources on film at an astonishing rate. Each week reviews and advertisements appear to announce yet another book. Books vary in scope, subject emphasis, size, price, and of course, quality, and represent both new works and revised or added editions. Not only are American publishers active, but European firms are getting on the bandwagon, too.

Details

Reference Services Review, vol. 11 no. 4
Type: Research Article
ISSN: 0090-7324

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Article
Publication date: 1 February 1984

Charles D'Aniello

A picture is worth a thousand words; a motion picture is probably worth even more. The black experience in America is reflected both in movies with black themes and in…

Abstract

A picture is worth a thousand words; a motion picture is probably worth even more. The black experience in America is reflected both in movies with black themes and in white or general commercial films in which black actors and actresses perform. These films continue to reflect and influence white as well as black racial attitudes and self‐images. The various cinematic genres have vividly frozen in time the perceptions and stereotypes of each period. Studied over time, they compose a kaleidoscope of changing images and themes.

Details

Reference Services Review, vol. 12 no. 2
Type: Research Article
ISSN: 0090-7324

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Article
Publication date: 30 September 2020

Teresa Hurley, Corinne Faure and Seamus Kelly

This quantitative research paper examined factors influencing re-engagement intentions and re-engagement behavior of lapsed health club members and identified which sales…

Abstract

Purpose

This quantitative research paper examined factors influencing re-engagement intentions and re-engagement behavior of lapsed health club members and identified which sales promotion incentives are most effective in re-engaging this lapsed member market. While previous studies examined re-engagement intentions and re-engagement behavior in isolation, no research could be located which examined both simultaneously and the impact of promotion incentives in the health and fitness industry.

Design/methodology/approach

Study A (mail survey) examined re-engagement intentions of one hundred lapsed members of a medium size suburban health club. Study B (an experimental field study) measured actual true re-engagement behavior using price and gift token as incentives to re-engage 300 lapsed members of the same health club. Ten hypotheses were tested using chi-square, logistic regression and correlation analysis.

Findings

Results indicate that price is the most influential incentive in promoting re-engagement intentions, while the experimental field study tested this survey finding and reported that although incentives were more effective than nonincentives in terms of re-engagement behavior, price played a far greater significant role than gift token in actual re-engagement behavior of lapsed members. Highly satisfied customers are likely to have stronger re-engagement intentions with frequent attendees more influenced by price in terms of re-engagement intentions, while those who lapsed most recently demonstrated stronger re-engagement behavior.

Research limitations/implications

Study A: While acknowledging that the sample size was limited, a respectable response rate of 49% was recorded for the mail survey in Study A but a greater response rate and larger sample size would have allowed for a more comprehensive analysis. However, the study is primarily exploratory in nature and serves to achieve the objectives of the research. The study was based on a medium size suburban health club, therefore no comparisons can be drawn between the results of this study and that involving larger health clubs, chains, urban clubs or those outside of Ireland. Although the inclusion of moderating effects was considered, it was not feasible to develop these interactions due to the limited sample size. Study B: Generalization of the findings in this study with other international markets is not possible due to differences in demographic factors, promotions and differences in the health and fitness industry. No comparison can be drawn either between health clubs which operate in a different environment, such as public or nonmembership-based clubs, urban clubs or those constituting a chain. While the offer incentives were of equal value, it is recognized that the gift token may have appealed more to females than to males.

Practical implications

Health clubs should consider changing strategic focus, from being overly concentrated on new customer acquisition to actively re-engaging the lapsed member market by finding out why they left and offer an incentive such as price to re-engage. Although loyalty, duration, age, gender and income were found not to be significant in this study, satisfaction, frequency and recency of lapse were significant. Therefore, health clubs should strive to keep members satisfied, monitor and increase frequency of attendance with creative programming and commence the re-engagement process prior to the membership expiry so as to maximize re-engagement and customer retention using price discount as an incentive.

Originality/value

The originality of this study is that is tests statistically consumer re-engagement intentions and actual re-engagement behavior simultaneously in a health club setting using a mail survey in Study A and Experimental Design in Study B.

Details

Sport, Business and Management: An International Journal, vol. 10 no. 5
Type: Research Article
ISSN: 2042-678X

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