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This paper aims to explain the US Supreme Court’s ruling in Kokesh v. SEC, which limited the U.S. Securities and Exchange Commission’s (SEC) ability to seek the remedy of…
This paper aims to explain the US Supreme Court’s ruling in Kokesh v. SEC, which limited the U.S. Securities and Exchange Commission’s (SEC) ability to seek the remedy of disgorgement and to examine how lower courts have applied the ruling to other types of equitable relief that that the SEC commonly pursues.
This study explains why the Supreme Court in Kokesh ruled that disgorgement is a “penalty” and that the five-year limitations period therefore was applicable to actions seeking disgorgement; discusses a footnote in Kokesh that left open the question of whether the SEC has the power to pursue disgorgement at all; and reviews four recent cases that grapple with the application of Kokesh to injunctions and lifetime bars.
Lower courts and the SEC have not settled on how Kokesh might impact equitable remedies commonly pursued by the SEC, but recent cases indicate that the effect of Kokesh may be broader than its narrow holding suggests.
Practical guidance from experienced white collar and regulatory defense lawyers that consolidates several recent developments in one piece.
What makes employees feel well within an organization? The aim of the present chapter is to start from a paradigm that emphasizes human relationality, affectivity, and…
What makes employees feel well within an organization? The aim of the present chapter is to start from a paradigm that emphasizes human relationality, affectivity, and intersubjective systems, and accordingly focuses on how well-being is emerging from contextual interrelations between employees. Applying this perspective to a qualitative study of nurses in a nursing home, I came to see the work community as a well-being-generating system in which the well-being of individual members is constructed together as an ongoing social accomplishment. In addition, I identified four systemic processes within the work community that greatly influence the well-being-generating capacity of the system.
Purpose – This chapter provides a roadmap for future research and evaluation on violent extremist risk analysis.Methodology/Approach – The authors synthesize the lessons…
Purpose – This chapter provides a roadmap for future research and evaluation on violent extremist risk analysis.
Methodology/Approach – The authors synthesize the lessons learned from process evaluations of general violence risk assessment, bias research, survey designs, linguistic analyses, and spatial analyses, and apply them to the problem of violent extremist risk assessment and management.
Findings – The next generation of violent extremist risk assessment research will necessitate a focus upon process, barriers to effective implementation and taking the human element of decision-making into account. Furthermore, the development of putative risk factors for violent extremist attitudes and behaviors necessitates a movement toward more survey-based research designs. Future risk assessment processes may additionally take language and spatial components into account for a more holistic understanding.
Originality/Value – Based on existing literature, there is a paucity of research conducting process evaluations, survey designs, linguistic analyses, and spatial analyses in this area. The authors provide several roadmaps, assessments of respective strengths and weaknesses, and highlight some initial promising results.
This study aims to explore the intention–behavior gap of student entrepreneurs who develop entrepreneurial intention in a venture creation course and decide to continue…
This study aims to explore the intention–behavior gap of student entrepreneurs who develop entrepreneurial intention in a venture creation course and decide to continue working on the business idea after completing the course. While many students decide to work on business concepts, they often struggle with taking further steps when the course ends. This suggests that the development of entrepreneurial intention in the course does not directly lead to entrepreneurial actions after the course. Hence, this paper examines the sources for the intention–action gap and behavioral responses of student entrepreneurs.
This study applied a systematic inductive qualitative research method to examine how student entrepreneurs encounter challenges after the entrepreneurship program and how they respond to them. The authors selected a venture development course at a German public university as their research context.
The findings revealed that students encountered substantial challenges after the program, which invoked their procrastinating behaviors. Based on the findings, this study developed a process model of the intention–behavior gap in student entrepreneurship. The process model provides a roadmap to follow the main findings, which consist of three main parts: (1) the antecedents of the intention–behavior gap; (2) behavioral responses of student entrepreneurs and (3) the outcomes of procrastination.
This study contributes to the emerging student entrepreneurship literature by identifying obstacles for students who intend to continue developing a venture after attending venture creation courses, as well as elaborating on possible student responses to these barriers and their subsequent impact on their nascent ventures. Furthermore, the findings contribute to developing the understanding of the intention–behavior gap in entrepreneurship education at higher education institutions by highlighting challenges for students that emerge in the transition phase from course participants to autonomous entrepreneurial actors.
Scholars have generally emphasized the vital role of entrepreneurship education in developing the entrepreneurial intentions of students as prospective entrepreneurs. However, researchers have only rarely examined how these intentions are translated into actions. Furthermore, the existing research on students' intention–behavior gap is limited to quantitative studies that demonstrate the existence of the gap empirically or apply theoretically derived moderators to their analysis. Consequently, the literature calls for more qualitative, explorative research approaches to understand what happens to students' entrepreneurial intentions once their entrepreneurship program is over.
As part of a qualitative research project to map the use of contemplative practices in secular settings, in‐depth interviews were conducted with 79 people who have founded or lead organizations where contemplative practices play a key role. In a number of interviews, contemplative practices were introduced into the workplace not only as ancillary stress‐reduction techniques for individuals, but as a core part of the organization's structure. As interviewees described how their organizations function, a number of characteristics pointed toward “the contemplative organization” as an emerging model of an organization that infuses a contemplative approach into the workplace. Such an organization strives to incorporate contemplative practices into all aspects of work; embody and explore organizational mission and values; move between cycles of action and reflection; balance product with process; and have an organizational structure that reflects a contemplative philosophy. Interviewees also reported the impact of contemplative practice in the workplace, including improved communication and a greater sense of team and community.
The purpose of this paper is to examine the mediating and moderating roles of perceived supervisor legitimacy in the association between perceived supervisor motivating…
The purpose of this paper is to examine the mediating and moderating roles of perceived supervisor legitimacy in the association between perceived supervisor motivating styles and subordinate functioning. Specifically, based on Self-Determination Theory (SDT), two supervisory motivating styles were examined: the autonomy-supportive style, characterized by nurturing employees’ inner motivational resources, and the controlling style, in which supervisors pressure their employees to behave in specific manager-directed ways. Legitimacy was defined according to the Relational Model of Authority (RMA).
An online survey was administered to a sample of 252 employees. Moderation and mediation analyses were conducted to test the hypotheses.
The autonomy-supportive motivating style, but not the controlling style, was linked to employee work-related outcomes (i.e. job satisfaction, commitment, engagement, burnout, and depression) through perceived legitimacy. Legitimacy buffered the negative impact of the controlled orientation on burnout and depression.
Taken together, the results suggest that legitimacy as a resource may be enhanced by autonomy support and can also minimize the harmful consequences of controlling supervisory behaviors. The theoretical implications of integrating SDT with RMA and the practical implications of these findings are discussed.