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1 – 10 of 358John E. Timmerman, Al S. Lovvorn, Michael M. Barth and R. Franklin Morris
Dean Lynn, of Augustine State University's School of Business Administration, has been asked to develop online offerings as a prototype for the rest of the university. The…
Abstract
Dean Lynn, of Augustine State University's School of Business Administration, has been asked to develop online offerings as a prototype for the rest of the university. The decision he faced was whether to (A) take on the project alone or (B) make a ten-year commitment to a specialized vendor. If option B was selected, the further choice was whether to allow the vendor to handle everything short of instruction with a customized program or to handle only the marketing elements of the task. In the course of considering what to do, Dean Lynn was faced with the financial as well as the qualitative dimensions of the choice. The purpose of this case is to provide students a vehicle to explore the myriad considerations inherent in every organization's decision making process… qualitative as well as quantitative.
Nicola Vick, Simon Birke and Richard McKenzie
In the context of public concern about homicides committed by mentally ill people, the assessment and management of risk has become a central feature of national mental health…
Abstract
In the context of public concern about homicides committed by mentally ill people, the assessment and management of risk has become a central feature of national mental health policy and practice. This article reports the increasing profile given to the assessment and management of risk in national guidance on the Care Programme Approach (CPA). It goes on to describe findings from a two‐phase qualitative study to evaluate the integration of risk assessment procedures within the framework of the CPA process and the development of a risk assessment strategy by staff at Redford Lodge Hospital, an independent sector provider of medium secure and forensic rehabilitation psychiatric services.The evaluation demonstrated that Redford Lodge has successfully integrated risk assessment within the CPA process and has developed tools that offer a basis for guiding interventions while the service user is detained in hospital and to inform future strategies for supporting them in the community.
Few issues in recent times have so provoked debate and dissention within the library field as has the concept of fees for user services. The issue has aroused the passions of our…
Abstract
Few issues in recent times have so provoked debate and dissention within the library field as has the concept of fees for user services. The issue has aroused the passions of our profession precisely because its roots and implications extend far beyond the confines of just one service discipline. Its reflection is mirrored in national debates about the proper spheres of the public and private sectors—in matters of information generation and distribution, certainly, but in a host of other social ramifications as well, amounting virtually to a debate about the most basic values which we have long assumed to constitute the very framework of our democratic and humanistic society.
Examines how the different concepts of rationality have been used(and confused) by economists who have followed modern philosophers′understanding of human reason. Offers a…
Abstract
Examines how the different concepts of rationality have been used (and confused) by economists who have followed modern philosophers′ understanding of human reason. Offers a philosophical discussion as a means to understanding rationality and its incumbent problems of interpretation.
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The philosophical reflection on the essence of what we call the market has largely disappeared from the textbooks of the economic discipline. This paper intends to contribute to a…
Abstract
The philosophical reflection on the essence of what we call the market has largely disappeared from the textbooks of the economic discipline. This paper intends to contribute to a renewal of this discourse by explicitly looking on basic concepts of mainstream market theory from an ethical point of view. There is not so much new information given; rather, a different, ethically conscious light is shed on the information we already have on the market. With its philosophical emphasis on the frame of reference, which is always normative in nature, the paper contributes to the new emerging approach of integrative economic ethics (integrative Wirtschaftsethik), introduced by Peter Ulrich. After touching the interrelationship of (descriptive) theory and (normative) ethics, the outlines of a brief and, as I claim, complete theory of the basic structure of the market are sketched. Central to this theory is the view of the market as a system. This systemic view permits us to explain phenomena like economic growth or unemployment as well as to discover ethical problems and to raise normative questions that are often overlooked and passed over.
This article takes a close look at the requirements of the 1940 Investment Advisors Act for both registered and unregistered investment advisors — such as hedge funds and private…
Abstract
This article takes a close look at the requirements of the 1940 Investment Advisors Act for both registered and unregistered investment advisors — such as hedge funds and private equity funds. It highlights the significant issues that arise from the regulation for unregistered funds that are considering the consequences of SEC registration. It also reviews briefly the requirements of the Act that are already applicable to unregistered investment advisors.
Duncan Reid‐Thomas and Richard Phillips
The UK has in recent years seen considerable growth of facilities management (FM) outsourcing across a range of industries. This paper considers the legal problems and risks…
Abstract
The UK has in recent years seen considerable growth of facilities management (FM) outsourcing across a range of industries. This paper considers the legal problems and risks inherent in FM outsourcing. It also suggests ways to facilitate the transactional negotiating process and discusses the methods by which business and legal risks can be fairly apportioned (between the user and the provider), how to ensure good contract management and, importantly, managing risks on contract termination and exit. The paper is relevant to both users and providers in terms of best negotiating practice and risk management. From a legal perspective, both the UK (and the European Union) are more highly regulated jurisdictions for FM deals than are the US and Canadian markets, and this paper focuses on UK (and European) issues. Cross‐border legal issues are also considered.
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Marc Litt, Jerome P. Tomas, Elizabeth L. Yingling and Richard A. Kirby
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…
Abstract
Purpose
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.
Design/methodology/approach
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.
Findings
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.
Originality/value
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.
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