Search results

1 – 10 of over 3000
Book part
Publication date: 1 July 2004

John L. Peterman

A study of the price discounts granted by Morton Salt Company and other producers of table salt in the U.S. on their sales of table salt to grocery wholesalers and retailers. The…

Abstract

A study of the price discounts granted by Morton Salt Company and other producers of table salt in the U.S. on their sales of table salt to grocery wholesalers and retailers. The discounts were found to be illegal under the Robinson-Patman Act by the Federal Trade Commission and the Supreme Court. The Commission and the Court believed that the discounts were unjustified price concessions granted to “large” buyers, consistent with the concerns of the Robinson-Patman Act. However, the evidence indicates that the most common discount – the “carload discount” – was received by virtually all buyers, regardless of the buyer’s size; the other discounts – “annual volume” discounts – though received primarily by “large” buyers, were likely cost based. The history of the discounts and likely reasons why they were granted are explored in detail.

Details

Antitrust Law and Economics
Type: Book
ISBN: 978-0-76231-115-6

Book part
Publication date: 12 July 2022

Joseph Naimo

Abuse and misuse of Substitute Decision-Making (SDMg) authority impacts the lives of children and adults with decision-making disabilities. The concerns raised in this paper

Abstract

Abuse and misuse of Substitute Decision-Making (SDMg) authority impacts the lives of children and adults with decision-making disabilities. The concerns raised in this paper amplify previous attention addressed by advocacy agencies and law reformists such as the Law Commission of Ontario. I analyse problems associated with Plenary Guardianship from both the lived experience of the non-guardian perspective and from the authority bestowed to the Guardian pursuant to the Guardianship and Administration Act 1990 of Western Australia legitimating the unintended capacity to abuse one’s substitute decision-making authority. Substitute decision-making arrangements enable decisions to be made on behalf of a person with a decision-making disability; usually made when such arrangements are necessary and subject to safeguards. Detrimentally, the substitute decision-maker (SDM) can assert broader powers beyond sensible measures that include thwarting investigations undertaken by family members; removing family members from the life of the person for whom an order is made; inappropriately applying a paternalistic or ‘best interest’ approach to decision-making where other approaches are required; failing to consider the individual’s wishes or making decisions contrary to those wishes; having insufficient contact with the individual; and, sharing insufficient or incorrect information. Moreover, they may subject the individual for whom an SDM order is made to experimental medical treatment in tandem with imposing or condoning severe and harmful restrictive-practices. Consequently, the second issue addressed in this paper concerns normalising both chemical and physical restrictive-practices that are both morally abhorrent and clinically highly questionable. Furthermore, often undertaken by service providers and their contracted psychiatrists and treating teams, endorsed under authority of a collaborating Guardian or SDM.

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Who's Watching? Surveillance, Big Data and Applied Ethics in the Digital Age
Type: Book
ISBN: 978-1-80382-468-0

Keywords

Book part
Publication date: 2 September 2009

Lisa Hajjar

Torture has been practiced for millennia, albeit the means, rationales, and objectives have changed. (For an extended discussion of torture's past, see Hajjar, 2009.) Starting in…

Abstract

Torture has been practiced for millennia, albeit the means, rationales, and objectives have changed. (For an extended discussion of torture's past, see Hajjar, 2009.) Starting in the 12th century, the rediscovery of Roman law in western Europe revived torture as an aspect of criminal legal processes, both ecclesiastical and secular. According to Edward Peters (1996, p. 41), “the inquisitorial procedure displaced the older accusatorial procedure. Instead of the confirmed and verified freeman's oath, confession was elevated to the top of the hierarchy of proofs…[T]he place of confession in legal procedure…explains the reappearance of torture in medieval and early modern law.”

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

Book part
Publication date: 23 November 2015

Guy Basset and Rozenn Perrigot

The subject of resale pricing is a hot topic in franchising, due to its links with chain homogeneity and franchisee autonomy. The franchisee is bound by current legislation and…

Abstract

Purpose

The subject of resale pricing is a hot topic in franchising, due to its links with chain homogeneity and franchisee autonomy. The franchisee is bound by current legislation and regulations, in addition to respecting the franchise contract clauses, to the extent that they are lawful, and potentially opposing contentious professional practices. Focusing on resale prices, we cover these three perspectives, that is, legal, contractual, and professional constraints, using a dual approach based on managerial and legal perspectives and illustrating our arguments using examples from European and French cases.

Methodology/approach

We illustrate our arguments using examples from European and French cases.

Findings

We pointed out that the ban on the practice of imposed resale prices presents several advantages (e.g., integrity of franchise chains, chain’s commercial dynamism).

Research limitations/implications

Our paper contributes to the stream of franchising literature dealing with resale prices.

Practical implications

Our paper can be viewed by franchisors, franchise experts, franchisees, and franchisee candidates as a synthesis of the impact of European and French regulations on resale price-based practices to be adopted in franchise chains. It also highlights practices to be avoided in order to prevent potential conflicts.

Originality/value

We use a dual approach based on managerial and legal perspectives to explore resale prices in the context of franchising.

Details

Economic and Legal Issues in Competition, Intellectual Property, Bankruptcy, and the Cost of Raising Children
Type: Book
ISBN: 978-1-78560-562-8

Keywords

Book part
Publication date: 20 July 2012

Luca Fiorito

Major concern over monopolies and trusts was one of the distinguishing marks of the American Economic Association from its foundation and lasted well into the early 1900s (Coats

Abstract

Major concern over monopolies and trusts was one of the distinguishing marks of the American Economic Association from its foundation and lasted well into the early 1900s (Coats, 1960). The failed merger attempt of the Northern Securities Company and the subsequent panic of 1902–1903, the 1907 financial crisis and its aftermath, as well as the ostensibly illegal financial practices of many conglomerates, all contributed to keep the trusts issue alive on academic circles. But it was only after the 1911 Court decisions that the debate on the trust problem and the necessary measures to amend the existing antitrust legislation acquired new vigor and incisiveness.3

Details

Research in the History of Economic Thought and Methodology: A Research Annual
Type: Book
ISBN: 978-1-78052-824-3

Abstract

Details

Gambling Advertising: Nature, Effects and Regulation
Type: Book
ISBN: 978-1-78769-923-6

Book part
Publication date: 25 July 2011

Alan Randall

Purpose – New genetically modified (GM) crops are novel but risky interventions, offering a variety of potential benefits but also the possibility of serious unintended…

Abstract

Purpose – New genetically modified (GM) crops are novel but risky interventions, offering a variety of potential benefits but also the possibility of serious unintended consequences. I address the regulatory framework for GM crops, seeking protection from disproportionate risks without unduly stifling innovation.

Approach – Conditions that may justify precautionary interventions are identified, and an idealized regulatory protocol (screening, pre-release testing, and post-release surveillance, STS) is developed to provide protection, encourage research and learning, and focus-in quickly on the cases that pose serious threats of harm. This protocol is adapted to the case of GM crops, and compared with current regulatory practice in the United States, the EU, and Canada, as well as international agreements exemplified by the Cartagena Protocol on Biosafety. Two real-world cases are considered, Starlink® corn and Roundup-Ready® canola, and some speculations are offered as to how the stylized protocol might have handled them.

Findings for policy – Pre-release, US regulatory practice is more fragmented and incomplete than the stylized protocol; EU practice is more systematic and streamlined, but some critics perceive over-regulation; and Canadian regulatory practice is more consistent with the protocol. Only the EU performs systematic post-release surveillance. International agreements have various weaknesses, beginning with fragmentation: for example, food safety and biosafety are regulated separately.

Implications for further research – Embracing the STS framework opens a broad new avenue of research about to how the mix of pre-release testing and post-release surveillance might be streamlined to provide adequate protection while reducing further the costs and delays entailed.

Details

Genetically Modified Food and Global Welfare
Type: Book
ISBN: 978-0-85724-758-2

Keywords

Abstract

Details

A Modern Perspective of Islamic Economics and Finance
Type: Book
ISBN: 978-1-78973-137-8

Book part
Publication date: 1 January 2004

Sesha Kethineni and Tricia Klosky

How delinquent, dependent/neglected, and abused children are treated by criminal justice agencies is a concern that crosses geographical boundaries. Do the courts sentence…

Abstract

How delinquent, dependent/neglected, and abused children are treated by criminal justice agencies is a concern that crosses geographical boundaries. Do the courts sentence juveniles too leniently or, conversely, too harshly? Around the world some of the most serious questions involve the placement of juveniles in penal institutions. There are some clearly recognized problems. First, many countries still house delinquents and non-delinquent children in the same institutions, despite nation-wide reforms or legislation specifically prohibiting such practices. Second, many juveniles, regardless of their status, are held in jails and detention facilities built or administered for adult populations that greatly outnumber the younger inmates. Third, efforts at reform, while ambitious, have been ineffective in changing objectionable practices and/or aiding children in need. Fourth, left unresolved is the question as to whether the problems noted above in developed countries are present to a greater or lesser degree in developing countries.

Details

Suffer The Little Children
Type: Book
ISBN: 978-0-76230-831-6

Book part
Publication date: 10 April 2019

Jacqueline H. Stephenson

This chapter will discuss diversity and discrimination within Trinidad and Tobago (T&T) (in employment and wider society) and critically assess the findings of the extant…

Abstract

Purpose

This chapter will discuss diversity and discrimination within Trinidad and Tobago (T&T) (in employment and wider society) and critically assess the findings of the extant literature as it relates to such small island developing states. The chapter will examine race, sex, disability, and sexual orientation, specifically exploring current accepted practice and the effect of the recently enacted anti-discrimination legislation. This discussion is important as there is limited available literature as it relates to discrimination, diversity, inclusion and equality in the Caribbean region.

Design/Method

This chapter will rely on secondary data, primarily studies which focus on T&T, in the fields of management, psychology and sociology; as well as country reports published by international agencies including the United Nations and the World Health Organization; and T&T Equality Commission Reports.

Findings

Diversity exists within T&T, as does discrimination, within employment and wider society. This reflects an acceptance of the status quo as part of the culture of the twin island state, rather than challenging why it is still regarded as acceptable to treat some minority groups less favorably than others as a result of their immutable characteristics.

Limitations

The use of secondary data may have limited the scope of the findings.

Implications

The development of the Equal Opportunity Act (2000) is a pivotal event in the trajectory towards equality; however, further action will be needed to reduce discrimination within society. The exclusion of sexual orientation from the Act and the criminalization of private sexual behavior must be addressed in order for Trinidadian society to become truly inclusive and diverse.

Originality

This discussion is important as there is limited available literature as it relates to discrimination, diversity, inclusion and equality in the Caribbean region and much of what is accepted as representative of reality is based on anecdotal evidence.

Details

Diversity within Diversity Management
Type: Book
ISBN: 978-1-78754-821-3

Keywords

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