Search results

To explain the Supreme Court’s ruling in its recent Kokesh v. SEC decision and its impact on the SEC’s ability to recover disgorgement of ill-gotten gains beyond the five-year statute of limitations.

This article discusses the Supreme Court’s recent decision and the immediate effects it will have on the SEC’s approach to a variety of cases in which a significant portion of the recovery may now be outside the statute of limitations.

The article concludes that the recent Supreme Court decision will have an immediate effect of preventing the SEC from reaching back beyond five years for disgorgement; however, the SEC may be able to comply with Kokesh and modify its procedures so that its financial recoveries from those that violate securities laws may be categorized as an equitable remedy (like restitution) rather than as a penalty (like forfeiture) which is subject to a five-year statute of limitations.

The article provides practical guidance from experienced securities litigation and white collar crime lawyers. It explains and analyzes the Supreme Court decision that severely limits the ability of the SEC to seek disgorgement by limiting the SEC’s use of disgorgement to a five-year statute of limitations.

The 2019 coronavirus disease (COVID-19) pandemic has profoundly affected family and school life. Evidence demonstrates how pandemic-induced online learning and home confinement can influence family dynamics and, consequently, students’ mental health and quality of life. This chapter extends the literature by building upon the perspective of family systems theory and focusing the analysis on graduate students who are underrepresented in COVID-19 research. Drawing from an online survey among 337 graduate students enrolled in a state university in the Philippines during the second year of the pandemic, this study examines the three family relationship domains (cohesion, expressiveness, and conflict), their predictive relationships with life satisfaction, and the mediating role of mental well-being on these relationships. Findings indicate favorable levels of cohesion, expressiveness, and conflict in the family. Respondents’ age, sex assigned at birth, and marital status were significantly correlated with at least one domain of family relationship. Cohesion and expressiveness yielded significant positive predictive relationships on mental well-being and life satisfaction. Furthermore, findings indicate the partial mediation of mental well-being on the relationship between cohesion and life satisfaction and full mediation on expressiveness and life satisfaction.

Stigma remains to be a major barrier to addressing the sustained rise of human immunodeficiency virus (HIV) infections in the Philippines. Gay, bisexual, and other men who have sex with other men (MSMs) (G/B/MSM) living with HIV experience compounded stigma due to their sexual identity and HIV seropositive status. The family has been identified as one of the main sources of homonegativity and HIV-related discrimination. Drawing from the family life histories of 31 Filipino MSMs living with HIV, the authors demonstrate the concept of compounding stigma, which posits that the extent and nature of gender- and sexuality-based stigma experienced in early life may potentiate or mitigate the experience of HIV stigma in later life in the context of the family. Narrative analysis of the family life histories reveals a central factor that shaped the sexual development and stigma experiences of MSMs living with HIV: sexual identity visibility in the family (SIVF) – the family’s extent of knowledge and/or acceptance of their sexuality. Three core narratives emerged from the data that categorize informants based on the type of SIVF present in their family life viz. full, partial, and invisible. Results also trace the resultant life trajectories for each core narrative and reveal three forms of compounding stigma: low compounding stigma or compounding acceptance, compounding enacted stigma, and compounding internalized stigma.

This paper focuses on how one Student Teacher (ST) shifted his planning from teacher activities to student learning during a semester-long student-teaching practicum course in social studies. The study of this shift provides a glimpse of the enormity of the ST’s task and the ways in which he responds to the complexity of the work. Data include: lesson plans, providing a written record of activities, and classroom discourse. Analyses of the data rendered three areas relevant to the shift, including: 1) evidence of initiation-response-evaluation [IRE] script as a default script before the shift, 2) evidence of a shift to planning for student learning, and 3) evidence of movement away from the IRE to increasingly open-ended questioning. Preliminary evidence indicates increments that appear inconsequential taken individually, combine to present a picture of an incipient, developmental shift by the ST from planning for teacher activities to planning for student learning.

In the process of starting new ventures, entrepreneurs typically reallocate existing resources to new uses. These resource reallocations challenge the status quo, and are therefore often viewed with suspicion by others (Aldrich & Fiol, 1994). Thus, entrepreneurs need to convince others that the actions required of their new venture are desirable, proper and/or appropriate – they need to gain legitimacy. Institutional theory holds that new ventures have to conform to institutional pressures in order to gain legitimacy. Legitimacy is essential for the new ventures’ chances of survival (cf. Aldrich & Auster, 1986; Aldrich, 1999; Stinchcombe, 1965; Singh, Tucker, & House, 1986). For example, a new venture's reputation facilitates its entry into business networks, which enhances growth (Larson, 1992) and an individual's associations with government agencies and community organizations have positive effects on business founding and survival (Baum & Oliver, 1996). Consequently, institutional theory may lead us to expect that those new ventures that adapt most to institutional pressures would have the greatest chances of success.