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Book part
Publication date: 1 June 2004

Donna Malvey, Myron D Fottler, George W Buck and Robert S Fry

Although we have yet to experience a major bioterrorism event in the U.S., we are nevertheless preparing for such an event. In this paper, we consider the nature of…

Abstract

Although we have yet to experience a major bioterrorism event in the U.S., we are nevertheless preparing for such an event. In this paper, we consider the nature of bioterrorism and the threats and challenges it brings to managing health care organizations. Because existing managerial theory may be inadequate in responding to bioterrorism events, management scholars are advised to approach their research with a great deal of humility and openness. Inasmuch as emerging theoretical frameworks based on complexity science and chaos theory are not fully developed, we propose that stakeholder management theory may be the best approach at this juncture.

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Bioterrorism Preparedness, Attack and Response
Type: Book
ISBN: 978-1-84950-268-9

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Book part
Publication date: 1 June 2004

Abstract

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Bioterrorism Preparedness, Attack and Response
Type: Book
ISBN: 978-1-84950-268-9

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Book part
Publication date: 1 June 2004

Abstract

Details

Bioterrorism Preparedness, Attack and Response
Type: Book
ISBN: 978-1-84950-268-9

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Article
Publication date: 6 November 2017

David S. Mitchell, Robert M. McLaughlin, William J. Breslin, Victoria T. Mazgalev and Scott I. Golden

To provide an overview of the Commodity Futures Trading Commission’s (the “CFTC” or “Commission”) recent amendments to CFTC Rule 1.31, which sets forth recordkeeping…

Abstract

Purpose

To provide an overview of the Commodity Futures Trading Commission’s (the “CFTC” or “Commission”) recent amendments to CFTC Rule 1.31, which sets forth recordkeeping requirements for all records required to be kept pursuant to the Commodity Exchange Act (“CEA”) and Commission regulations.

Design/methodology/approach

This article discusses the significant May 2017 amendments to CFTC Rule 1.31 and the practical impact of these amendments for entities subject to the rule’s requirements.

Findings

The CFTC’s recordkeeping amendments do not impose any new substantive recordkeeping requirements, but modernize and make technology neutral the form and manner in which regulatory records must be kept. By eliminating a number of prescriptive and outdated requirements, the amendments should provide greater flexibility to “records entities” to adopt new technologies in response to evolving technological developments.

Originality/value

Practical guidance from experienced commodities, futures and derivatives lawyers.

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Article
Publication date: 1 February 1982

PETER JACKAMAN

BORN in 1780, one of twelve children of a successful Quaker banker, Elizabeth Gurney herself became converted to Quakerism at the age of 18 and eventually, after the death…

Abstract

BORN in 1780, one of twelve children of a successful Quaker banker, Elizabeth Gurney herself became converted to Quakerism at the age of 18 and eventually, after the death of her father, became a minister of the church. At the age of 20 she married the London businessman Joseph Fry, by whom between 1801 and 1816 she bore 10 children. In between the birth of the children she carried out her ministry, visiting Quaker groups throughout the country, and pursued philantrophic activities. In 1819–20 she became concerned by the conditions of the homeless in London and was responsible for establishing a night shelter providing food and a bed.

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Library Review, vol. 31 no. 2
Type: Research Article
ISSN: 0024-2535

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Article
Publication date: 1 March 1978

Statements by Lord Denning, M.R., vividly describing the impact of European Community Legislation are increasingly being used by lawyers and others to express their…

Abstract

Statements by Lord Denning, M.R., vividly describing the impact of European Community Legislation are increasingly being used by lawyers and others to express their concern for its effect not only on our legal system but on other sectors of our society, changes which all must accept and to which they must adapt. A popular saying of the noble Lord is “The Treaty is like an incoming tide. It flows into the estuaries and up the rivers. It cannot be held back”. The impact has more recently become impressive in food law but probably less so than in commerce or industry, with scarcely any sector left unmolested. Most of the EEC Directives have been implemented by regulations made under the appropriate sections of the Food and Drugs Act, 1955 and the 1956 Act for Scotland, but regulations proposed for Materials and Articles in Contact with Food (reviewed elsewhere in this issue) will be implemented by use of Section 2 (2) of the European Communities Act, 1972, which because it applies to the whole of the United Kingdom, will not require separate regulations for England and Wales, Scotland and Northern Ireland. This is the first time that a food regulation has been made under this statute. S.2 (2) authorises any designated Minister or Department to make regulations as well as Her Majesty Orders in Council for implementing any Community obligation, enabling any right by virtue of the Treaties (of Rome) to be excercised. The authority extends to all forms of subordinate legislation—orders, rules, regulations or other instruments and cannot fail to be of considerable importance in all fields including food law.

Details

British Food Journal, vol. 80 no. 3
Type: Research Article
ISSN: 0007-070X

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Book part
Publication date: 14 April 2016

Thomas M. Keck and Kevin J. McMahon

From one angle, abortion law appears to confirm the regime politics account of the Supreme Court; after all, the Reagan/Bush coalition succeeded in significantly…

Abstract

From one angle, abortion law appears to confirm the regime politics account of the Supreme Court; after all, the Reagan/Bush coalition succeeded in significantly curtailing the constitutional protection of abortion rights. From another angle, however, it is puzzling that the Reagan/Bush Court repeatedly refused to overturn Roe v. Wade. We argue that time and again electoral considerations led Republican elites to back away from a forceful assertion of their agenda for constitutional change. As a result, the justices generally acted within the range of possibilities acceptable to the governing regime but still typically had multiple doctrinal options from which to choose.

Details

Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78635-076-3

Keywords

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Article
Publication date: 5 May 2015

John E. Sorkin, Abigail Pickering Bomba, Steven Epstein, Jessica Forbes, Peter S. Golden, Philip Richter, Robert C. Schwenkel, David Shine, Arthur Fleischer and Gail Weinstein

To provide an overview of the guidance for proxy firms and investment advisers included in the Staff Legal Bulletin released this year by the Securities and Exchange…

Abstract

Purpose

To provide an overview of the guidance for proxy firms and investment advisers included in the Staff Legal Bulletin released this year by the Securities and Exchange Commission (SEC) after its four-year comprehensive review of the proxy system.

Design/methodology/approach

Discusses briefly the context in which the SEC’s review was conducted; the general themes of the guidance provided; the most notable aspects of the guidance; and the matters that were expected to be, but were not, addressed by the SEC.

Findings

The guidance does not go as far in regulating proxy advisory firms as many had anticipated it would. The key obligations specified in the guidance are imposed on the investment advisers who engage the proxy firms. The responsibilities, policies and procedures mandated do not change the fundamental paradigm that has supported the influence of proxy firms – that is, investment advisers continue to be permitted to fulfill their duty to vote client shares in a “conflict-free manner” by voting based on the recommendations of independent third parties, and continue to be exempted from the rules that generally apply to persons who solicit votes or make proxy recommendations.

Practical implications

The SEC staff states in the Bulletin that it expects that proxy firms and investment advisers will conform to the obligations imposed in the Bulletin “promptly, but in any event in advance of [the 2015] proxy season.”

Originality/value

Practical guidance from experienced M&A lawyers.

Details

Journal of Investment Compliance, vol. 16 no. 1
Type: Research Article
ISSN: 1528-5812

Keywords

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Article
Publication date: 12 September 2008

William McGuiness, Peter L. Simmons, Robert C. Schwenkel and John E. Sorkin

The purpose of this paper is to explain the implications of a June 11, 2008 decision by the US District Court for the Southern District of New York in CSX Corp. v. The…

Abstract

Purpose

The purpose of this paper is to explain the implications of a June 11, 2008 decision by the US District Court for the Southern District of New York in CSX Corp. v. The Children's Investment Fund Management (UK) LLP concerning beneficial ownership and reporting obligations under Section 13(d) of the Securities Exchange Act of 1934 for long parties to cash‐settled total return equity swaps.

Design/methodology/approach

The paper summarizes the decision, discusses the court's analysis as written by Judge Lewis A. Kaplan, notes the court's limitation of its ruling to the facts of the case, explains why two funds that “compare notes” may be considered a group, discusses the permanent injunction against the defendants enjoining them from future violations of Section 13(d), and analyzes the implications of the judge's decision.

Findings

A new decision by the federal district court in New York creates uncertainty regarding whether the long party to a cash‐settled total return equity swap will be deemed to beneficially own the publicly traded reference security for purposes of Section 13(d) of the Securities Exchange Act of 1934. Holders of cash‐settled total return swaps have historically relied on the absence of the legal right to vote or dispose of the reference security as a basis not to file a 13D with respect to the shares referenced in those swap contracts. The new decision casts doubt on that reasoning, and finds that an investor that consciously structured its swap contracts to try to end‐run its otherwise applicable reporting obligations was deemed to beneficially own the shares subject to the swaps, and accordingly had violated Section 13(d) by failing to file a Schedule 13D in the required time.

Practical implications

The ruling is important for financial institutions and investors who deal in derivatives such as equity swaps and who must determine whether and when reporting under Section 13(d) is required.

Originality/value

The paper is an analysis and provides guidance by experienced securities lawyers.

Details

Journal of Investment Compliance, vol. 9 no. 3
Type: Research Article
ISSN: 1528-5812

Keywords

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