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Article
Publication date: 25 November 2020

Alan R. Friedman, Dani R. James, Gary P. Naftalis, Paul H. Schoeman and Chase Henry Mechanick

To analyze the U.S, Supreme Court’s decision in Liu v. S.E.C., 140 S. Ct. 1936 (2020) and its potential implications for insider trading cases.

Abstract

Purpose

To analyze the U.S, Supreme Court’s decision in Liu v. S.E.C., 140 S. Ct. 1936 (2020) and its potential implications for insider trading cases.

Design/Methodology/Approach

Provides context on the history of disgorgement in SEC enforcement proceedings; discusses factual and procedural background underlying the Liu decision; summarizes the Court’s opinion and rationale, with a particular focus on the Court’s pronouncements regarding the permissible scope of SEC disgorgement as an equitable remedy; identifies and explores three possible issues in insider trading cases that may be affected by the Court’s narrowing of SEC disgorgement.

Findings

In Liu, the Supreme Court narrowed SEC disgorgement by stating that, as a general matter, SEC disgorgement is not permitted where: (1) the proceeds are not remitted to investors; (2) one defendant is made to disgorge profits that were received by someone else; or (3) the amount of disgorgement fails to deduct legitimate business expenses, in each case subject to possible exemptions as outlined by the Court.

Practical implications

This rule may call into question whether courts may: (a) order disgorgement against insider traders, given the difficulty of identifying investors who have been harmed; (b) order insider traders to disgorge profits earned by others on account of their violations; or (c) order insider traders to pay civil penalties under Section 21 A of the Exchange Act based on profits earned by others.

Originality/Value

Expert analysis and guidance from experienced securities enforcement lawyers with expertise in insider trading.

Details

Journal of Investment Compliance, vol. 21 no. 1
Type: Research Article
ISSN: 1528-5812

Keywords

Article
Publication date: 1 June 1979

Valerie Gilbert

Aslib Library holds a collection of thesauri, subject headings and classification schemes which are used to answer members' enquiries about the existence of schemes for particular…

Abstract

Aslib Library holds a collection of thesauri, subject headings and classification schemes which are used to answer members' enquiries about the existence of schemes for particular subject fields and many of which are available on loan for two weeks. Our policy is to acquire all significant English language publications and bilingual or multilingual items with English as one of the languages.

Details

Aslib Proceedings, vol. 31 no. 6
Type: Research Article
ISSN: 0001-253X

Article
Publication date: 13 March 2007

Randy Kemp and Adam D. Moore

The purpose of this paper is to provide a survey piece on the concept of privacy and the justification of privacy rights.

8238

Abstract

Purpose

The purpose of this paper is to provide a survey piece on the concept of privacy and the justification of privacy rights.

Design/methodology/approach

This article reviews each of the following areas: a brief history of privacy; philosophical definitions of privacy along with specific critiques; legal conceptions of privacy, including the history of privacy protections granted in constitutional and tort law; and general critiques of privacy protections both moral and legal.

Findings

A primary goal of this article has been to provide an overview of the most important philosophical and legal issues related to privacy. While privacy is difficult to define and has been challenged on legal and moral grounds, it is a cultural universal and has played an important role in the formation of Western liberal democracies.

Originality/value

The paper provides a general overview of the issues and debates that frame this lively area of scholarly inquiry. By facilitating a wider engagement and input from numerous communities and disciplines, it is the authors' hope to advance scholarly debate in this important area.

Details

Library Hi Tech, vol. 25 no. 1
Type: Research Article
ISSN: 0737-8831

Keywords

Article
Publication date: 21 August 2009

Kevan Penter, Graham Pervan and John Wreford

The purpose of this paper is to contribute towards development of a management framework for offshore business process outsourcing (BPO).

2909

Abstract

Purpose

The purpose of this paper is to contribute towards development of a management framework for offshore business process outsourcing (BPO).

Design/methodology/approach

This paper utilises longitudinal case studies to identify success factors in managing offshore BPO via the captive model (i.e. wholly‐owned subsidiary).

Findings

Success in offshore BPO is based on a combination of cost savings, technical service quality and strategic issues, is specific to business context and will change over time. Choice of engagement model (e.g. captive operation or arms‐length contracting) is an important success factor. Advantages of captive centers arise from higher levels of relationship quality, trust and collaboration effectiveness.

Research limitations/implications

This paper focuses on two global companies in two industry sectors (airlines and telecommunications), and both have adopted one particular BPO model (i.e. captive operation).

Originality/value

The paper contributes to scarce literature on offshore captive BPO operations, the most common but also least researched engagement model. The findings have practical implications for managers designing offshore BPO strategy.

Details

Information Technology & People, vol. 22 no. 3
Type: Research Article
ISSN: 0959-3845

Keywords

Article
Publication date: 6 June 2016

Nicole Anae

There exists no detailed account of the 40 Australian women teachers employed within the “concentration camps” established by British forces in the Orange River and Transvaal…

Abstract

Purpose

There exists no detailed account of the 40 Australian women teachers employed within the “concentration camps” established by British forces in the Orange River and Transvaal colonies during the Boer War. The purpose of this paper is to critically respond to this dearth in historiography.

Design/methodology/approach

A large corpus of newspaper accounts represents the richest, most accessible and relatively idiosyncratic source of data concerning this contingent of women. The research paper therefore interprets concomitant print-based media reports of the period as a resource for educational and historiographical data.

Findings

Towards the end of the Boer War in South Africa (1899-1902) a total of 40 Australian female teachers – four from Queensland, six from South Australia, 14 from Victoria and 16 from New South Wales – successfully answered the imperial call conscripting educators for schools within “concentration camps” established by British forces in the Orange River and Transvaal colonies. Women’s exclusive participation in this initiative, while ostensibly to teach the Boer children detained within these camps, also exerted an influential effect on the popular consciousness in reimagining cultural ideals about female teachers’ professionalism in ideological terms.

Research limitations/implications

One limitation of the study relates to the dearth in official records about Australian women teachers in concentration camps given that; not only are Boer War-related records generally difficult to source; but also that even the existent data is incomplete with many chapters missing completely from record. Therefore, while the data about these women is far from complete, the account in terms of newspaper reports relies on the existent accounts of them typically in cases where their school and community observe their contributions to this military campaign and thus credit them with media publicity.

Originality/value

The paper’s originality lies in recovering the involvement of a previously underrepresented contingent of Australian women teachers while simultaneously offering a primary reading of the ideological work this involvement played in influencing the political narrative of Australia’s educational involvement in the Boer War.

Article
Publication date: 24 August 2021

Shafiqul Alam, Ziaul Haq Adnan, Mohammed Abdul Baten and Surajit Bag

Globally, a myriad of floating workers is in grave jeopardy due to the ceasing of employment opportunities that resulted from the mobility restriction during the Covid-19. Despite…

Abstract

Purpose

Globally, a myriad of floating workers is in grave jeopardy due to the ceasing of employment opportunities that resulted from the mobility restriction during the Covid-19. Despite the global concern, developing countries have been suffering disproportionately due to the dominance of informal workers in their labour market, posing the necessity to campaign for the immediate protection of this vulnerable population. This paper analyses various dimensions of the vulnerability of urban floating workers in the context of Covid-19 in Bangladesh. In reference to International Labour Organization's (ILO) “Decent Work” concept, this paper endeavours to examine floating workers' vulnerability using the insider-outsider framework in context to Covid-19 pandemic.

Design/methodology/approach

The study was conducted in two phases. In the first phase, data were collected before the pandemic to assess the vulnerability of the informal floating workers. Later, we extended the study to the second phase during the Covid-19 pandemic to understand how pandemic affects the lives and livelihood of floating workers. In phase one, data were collected from a sample of 342 floating workers and analysed based on job security, wages, working environment, psychological wellbeing and education to understand the vulnerability of floating workers. In phase two, 20 in-depth qualitative interviews were conducted, followed by thematic analysis to explore how the pandemic affects the existing vulnerability of floating workers.

Findings

Various social protection schemes were analysed to evaluate their effectiveness in reducing the vulnerability of floating workers facing socio-economic crises. The study has found that the pandemic has multiplied the existing vulnerability of the floating workers on many fronts that include job losses, food crisis, shelter insecurity, education, social, physical and mental wellbeing. In response to the pandemic, the Government stimulus packages and Non-government Covid-19 initiatives lack the appropriate system, magnitude, and focus on protecting the floating workers in Bangladesh.

Practical implications

This paper outlines various short-term interventions and long-term policy prescriptions to safeguard floating workers' lives and livelihood from the ongoing Corona pandemic and unforeseen uncertainties.

Originality/value

This paper is the first of its kind that aims at understanding the vulnerability of this significant workforce in Bangladesh, taking the whole picture of Government and Non-government initiatives during Covid-19.

Details

Benchmarking: An International Journal, vol. 29 no. 5
Type: Research Article
ISSN: 1463-5771

Keywords

Article
Publication date: 9 November 2020

Fisayo Fagbemi and Opeoluwa Adeniyi Adeosun

The main goal of the study is to explore the long run relationship between public debt and domestic investment in West Africa. Essentially, a study of this nature is to proffer…

Abstract

Purpose

The main goal of the study is to explore the long run relationship between public debt and domestic investment in West Africa. Essentially, a study of this nature is to proffer major inroads into addressing low investment levels plaguing the region and securing critical fiscal policy measures.

Design/methodology/approach

The study examines the long-run relationship between public debt and domestic investment in 13 West African countries between 1986 and 2018 with the use of Panel Dynamic Least Squares (DOLS) and Panel Fully Modified Least Squares (FMOLS), and causality test based on Toda and Yamamoto.

Findings

Public debt (% of GDP) and external debt stocks have an insignificant effect on domestic investment in the long run, suggesting the negligible effect of public debt on the level of investments in the region. Further evidence shows that domestic investment Granger causes public debt indicators, implying that there is unidirectional causality. This suggests that any investment-generation policy could engender a rise in public borrowing, although such public loans might not be effective when there is pervasive mismanagement of public funds, as public debts need to be well managed for ensuring improved investment.

Research limitations/implications

The study suggests that maintaining a strong and effective debt-investment nexus requires fiscal consolidation efforts across countries, as such could lead to enhanced institutional capacity and sustainable investment-generation policy.

Originality/value

Since panel regression techniques used by the previous studies (Fixed and Random effects) could be susceptible to possible statistical errors due to endogeneity issue and might not be well suited for explaining long-run effect or capturing the part of investment sustainability, their conclusions could be misleading and remain untenable in West Africa' s context. Hence, the study adopts techniques (DOLS and FMOLS) which could account for endogeneity issue and provide better elucidations for long-term effects.

Details

Journal of Economic and Administrative Sciences, vol. 37 no. 4
Type: Research Article
ISSN: 1026-4116

Keywords

Article
Publication date: 7 November 2016

Ayodeji Emmanuel Oke and Deji Rufus Ogunsemi

The purpose of this paper is to examine construction bonds, which is a risk management tool for ensuring that projects are delivered successfully, with emphasis on the influence…

1199

Abstract

Purpose

The purpose of this paper is to examine construction bonds, which is a risk management tool for ensuring that projects are delivered successfully, with emphasis on the influence of stakeholders, project characteristics and bonding decision factors.

Design/methodology/approach

Using case study of completed public building projects, questionnaires were administered on stakeholders that participated in the projects to solicit information on identified issues. Structural equation modelling (SEM) was used to examine relationship among identified factors, and various model selection and validation tests were carried out to arrive at the best-fit model.

Findings

The final model revealed that type of bond, stakeholders’ influence, project characteristics, risks of bonded projects and bonding decision factors have significant effect on success of bonded construction projects. Of the stakeholders, guarantors and contractors have greater influence on effective administration of bonds.

Research limitations/implications

The study was limited to Lagos and Ondo states, Nigeria. Data were gathered from clients of public projects, banks and insurance companies (guarantors), as well as contracting, quantity surveying and architectural firms registered with the state governments. This is because of the fact that only such firms can be engaged on projects emanating from the governments.

Practical implications

To enhance project success, there is a need to adopt construction bond for both public and private projects as against the current practice where it is only mandated for public projects.

Originality/value

Using SEM, this research examined administration of construction bonds with a view to ascertaining their effects on projects success, thereby providing relevant empirical information for stakeholders for effective administration of construction bond.

Details

Journal of Financial Management of Property and Construction, vol. 21 no. 3
Type: Research Article
ISSN: 1366-4387

Keywords

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