Search results

1 – 10 of over 1000
Article
Publication date: 1 June 2004

Hendrik Haag and Daniel Weiβ

Bonds governed under German law would normally not contain collective action clauses, ie provisions dealing with majority decisions by bondholders by which certain bond…

Abstract

Bonds governed under German law would normally not contain collective action clauses, ie provisions dealing with majority decisions by bondholders by which certain bond terms may be altered or waived. This is because it is uncertain whether, in the absence of a statutory basis, a decision taken by a majority of bondholders would be binding upon a dissenting minority. For certain circumstances, however, a statutory basis exists in the form of a law enacted in 1899 which, during the last decades, has been very rarely used. This paper discusses in what cases the law may be invoked, what decisions can be made by bondholders and what procedural requirements must be observed for getting to a binding and unchallengeable decision.

Details

Journal of Financial Regulation and Compliance, vol. 12 no. 2
Type: Research Article
ISSN: 1358-1988

Keywords

Article
Publication date: 1 April 2004

Georgios I. Zekos

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and…

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Abstract

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

Details

Managerial Law, vol. 46 no. 2/3
Type: Research Article
ISSN: 0309-0558

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Article
Publication date: 1 April 2003

Alan Raylesberg

The passage of the Sarbanes‐Oxley Act has heightened awareness of the importance for companies to conduct internal investigations in appropriate circumstances when…

Abstract

The passage of the Sarbanes‐Oxley Act has heightened awareness of the importance for companies to conduct internal investigations in appropriate circumstances when wrongdoing is suspected. When such an investigation is conducted, the challenges faced by the company may include whether to disclose voluntarily the results of the internal investigation to governmental agencies and regulators, such as the Securities and Exchange Commission or the Department of Justice, who are investigating the suspected wrongdoing and potentially threatening civil or criminal charges against the company. The decision as to whether to disclose such results is riddled with potential pitfalls, including the concern that disclosing information in this manner will waive the attorney‐client privilege or work product protection with respect to third parties, opening the door to a wave of potential lawsuits. This article discusses the doctrine of selective waiver, which allows a company to disclose privileged information to the government without waiving the privilege as to third parties. Some case law, including some recent district court opinions, supports the notion of selective waiver, at least in circumstances where the privileged information has been disclosed pursuant to an appropriately crafted confidentiality agreement. The majority view, however, is that once privileged information is disclosed to anyone, the privilege is lost and waiver therefore occurs with respect to all third parties, irrespective of whether a confidentiality agreement exists. Recognizing the conundrum posed by this unsettled area of law, the SEC recently has proposed

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Journal of Investment Compliance, vol. 4 no. 2
Type: Research Article
ISSN: 1528-5812

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Article
Publication date: 1 June 1986

J.R. Carby‐Hall

The purpose of this monograph is to examine the various ways in which the contract of employment may be terminated at common law other than by the common law of wrongful…

Abstract

The purpose of this monograph is to examine the various ways in which the contract of employment may be terminated at common law other than by the common law of wrongful dismissal or statutory unfair dismissal and redundancy. Wrongful dismissal has already been discussed in another monograph and unfair dismissal and redundancy will feature in a subsequent one.

Details

Managerial Law, vol. 28 no. 6
Type: Research Article
ISSN: 0309-0558

Book part
Publication date: 5 August 2011

Timothy Stablein and Steven H. Jacobs

Purpose – In this chapter, we address the ambiguous nature of parental consent requirement decisions for the purpose of conducting minimal risk research of at-risk youth.…

Abstract

Purpose – In this chapter, we address the ambiguous nature of parental consent requirement decisions for the purpose of conducting minimal risk research of at-risk youth.

Methodology/approach – We evaluate current guidelines, which are used to determine the appropriateness of parental consent waivers, review related literature, and offer a case study to understand some of the resulting dilemmas that arise when seeking approval and researching youth in potentially abusive and neglectful situations.

Findings – We offer the researcher, practitioner, ethics committee, and policy maker new strategies to aid in the determination and application of parental consent waivers for minimal risk research participation among at-risk youth populations.

Details

The Well-Being, Peer Cultures and Rights of Children
Type: Book
ISBN: 978-1-78052-075-9

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Article
Publication date: 27 September 2021

Boniface Chimpango

The purpose of this study is to contribute towards the debate about global access to COVID-19 vaccines, therapeutics and diagnostics.

Abstract

Purpose

The purpose of this study is to contribute towards the debate about global access to COVID-19 vaccines, therapeutics and diagnostics.

Design/methodology/approach

The global scramble for COVID-19 vaccine and other related pharmaceutical products have once again exposed the limitations of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). High-income countries are claiming a lion’s share of the first available batches of the COVID-19 vaccine in total disregard of the consequences such approach would have on the low-income countries that lack both the manufacturing wherewithal and the financial resources to purchase the vaccine and other products needed to combat the pandemic. This paper reviews the existing TRIPS Flexibilities and analyses their limitations with respect to equitable access of pharmaceutical products in times of health emergencies. This paper then considers the unique challenges that have been brought to the fore by the COVID-19 pandemic. Finally, this paper analytically explores some options that have been proposed so far that the World Trade Organization (WTO) or governments can take in the immediate to near term to facilitate equitable access to COVID-19 pharmaceutical products and technologies. This research is non-empirical, desk-based research. It is, therefore, based on the literature review of existing body of work that is relevant to the topic under discussion. Mindful of the epistemological challenges that are always associated with desk-based research, part of the methodology of this work is to seek support from related empirical studies based on different philosophical underpinnings but that confirm the working hypothesis of this research.

Findings

This paper finds that there is still a need for a comprehensive reform of TRIPS Agreement to streamline the voluntary licencing system which is an important tool for low-income countries’ access to affordable pharmaceuticals. However, for purposes of dealing with COVID-19, WTO members should consider establishing pooled Licencing Facilities and procurement strategies via already existing political, economic or regional trade groupings.

Originality/value

This research is original. All sources have been acknowledged. This research synthesises different research papers and applies different viewpoints to the debate on the impact of the TRIPS Agreement on equitable access to COVID-19 vaccines, therapeutics and diagnostics.

Details

Journal of International Trade Law and Policy, vol. 20 no. 3
Type: Research Article
ISSN: 1477-0024

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Book part
Publication date: 20 May 2017

Hope Corman, Dhaval M. Dave, Ariel Kalil and Nancy E. Reichman

This study investigates the effects of a broad-based policy change that altered maternal employment, family income, and other family characteristics on drug-related crime…

Abstract

This study investigates the effects of a broad-based policy change that altered maternal employment, family income, and other family characteristics on drug-related crime among youth. Specifically, we exploit differences in the implementation of welfare reform in the United States across states and over time in the attempt to identify causal effects of welfare reform on youth arrests for drug-related crimes between 1990 and 2005, the period during which welfare reform unfolded. We use monthly arrest data from the U.S. Federal Bureau of Investigation’s Uniform Crime Reports to estimate the effects of welfare reform implementation on drug-related arrests among 15- to 17-year-old teens exposed to welfare reform. The findings, based on numerous different model specifications, suggest that welfare reform had no statistically significant effect on teen drug arrests. Most estimates were positive and suggestive of a small (3%) increase in arrests.

Details

Human Capital and Health Behavior
Type: Book
ISBN: 978-1-78635-466-2

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Article
Publication date: 1 August 2016

Marilyn Spencer, Deniz Gevrek, Valrie Chambers and Randall Bowden

The purpose of this paper is to explore the impact of a particular low marginal-cost employee benefit on employees’ intended retention and performance. By utilizing a…

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Abstract

Purpose

The purpose of this paper is to explore the impact of a particular low marginal-cost employee benefit on employees’ intended retention and performance. By utilizing a unique data set constructed by surveying full-time faculty and staff members at a public university in the USA, the authors study the impact of this employee benefit on faculty and staff performance and retention.

Design/methodology/approach

The authors focus on the impact of reduction in dependent college tuition at various levels on employees’ intentions to work harder and stay at their current job by using both OLS and ordered probit models. The authors also simulate the direct opportunity cost (reduction in revenue) in dollars and as a percent of total budgeted revenue to facilitate administrative decision making.

Findings

The results provide evidence that for institutions where employee retention and productivity are a priority, maximizing or offering dependent college tuition waiver may be a relatively low-cost benefit to increase retention and productivity. In addition, the amount of the tuition waiver, number of dependents and annual salary are statistically significant predictors of intended increased productivity and intent to stay employed at the current institution.

Originality/value

Employee retention and productivity is a challenge for all organizations. Although pay, benefits and organizational culture tend to be key indicators of job satisfaction, little attention is given to specific types of benefits. This study is the first comprehensive attempt to explore the relationship between the impact of this low-cost employee benefit and employee performance and retention in a higher education institution in the USA.

Book part
Publication date: 10 November 2014

Marie Connolly

This paper looks at the changes in the time allocation of welfare recipients in the United States following the 1996 welfare reform and other changes in their economic…

Abstract

This paper looks at the changes in the time allocation of welfare recipients in the United States following the 1996 welfare reform and other changes in their economic environment. Time use is a major determinant of well-being, and for policymakers to understand the broad influences that their policies can have on a population they ought to consider changes in all activities, not simply paid work. While an increase in market work of the welfare population has been well documented, little is known on the evolution of the balance of their time. Using the Current Population Survey to model the propensity to receive welfare, together with a multiple imputation procedure, I replicate previous difference-in-differences estimates that found an increase in child care and a decline in nonmarket work. However when additional data sources are used, I find that time spent providing child care does not increase. This is especially relevant as welfare recipients are overwhelmingly poor single mothers and the welfare reform increased time at work with ambiguous effects on time spent with children. I also find that time at work follows business cycles, with dramatic increases in work time throughout the strong economy of the late 1990s, accompanied by less time in leisure activities.

Details

Factors Affecting Worker Well-being: The Impact of Change in the Labor Market
Type: Book
ISBN: 978-1-78441-150-3

Keywords

Book part
Publication date: 23 November 2020

Pablo Adrian Garlati-Bertoldi

I evaluate how the tax reform of 2012 reduced informality in Colombia both theoretically and empirically. Theoretically, I develop a labor market model and obtain…

Abstract

I evaluate how the tax reform of 2012 reduced informality in Colombia both theoretically and empirically. Theoretically, I develop a labor market model and obtain simulations indicating that the reform should reduce informality significantly. Empirically, I obtain difference-in-difference estimates from two household surveys. Estimates from the repeated cross-sections data indicate small, short-term effects and large long-term effects. Estimates from the household survey panel data are in line with these results. I also simulate difference-in-difference estimates with different combinations of changes in payroll taxes and enforcement indicating that large improvements would have been needed to obtain the corresponding econometric estimates.

Details

Change at Home, in the Labor Market, and On the Job
Type: Book
ISBN: 978-1-83909-933-5

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