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Article
Publication date: 21 September 2012

Heritiana Ranaivoson and Anne‐Catherine Lorrain

The purpose of this paper is to analyze the HADOPI Law adopted in France in 2009. It aims to focus on two aspects of the law: the graduated response and the certification

Abstract

Purpose

The purpose of this paper is to analyze the HADOPI Law adopted in France in 2009. It aims to focus on two aspects of the law: the graduated response and the certification of a “legal” offer. It also aims to describe both, analyze their rationale and discuss their likely impact.

Design/methodology/approach

The paper combines legal and economic approaches. The legal debates have been analyzed and transcribed in a casual discourse. Economic analysis is used to understand the rationale of the law. Both approaches are used to point out the limitations of the law.

Findings

The paper shows that the graduated response and the certification of a “legal” offer both target consumers. The former aims at deterring file sharing, the latter aims at guiding consumers towards “legal” services. However, the graduated response's efficiency is dubious; the certification raises the issue of defining what is legal. Both mechanisms destabilize the French copyright law by putting more pressure on ISPs and online services. Targeting consumers in the name of copyright may cause a rejection of copyright as a whole.

Practical implications

The HADOPI Law is considered a pioneer in the field of copyright enforcement, especially as a first application of the graduated response. The topic is therefore of premier importance for copyright at global level.

Originality/value

The paper is the first to combine economic and legal approaches to analyze the graduated response. It deals with the certification of “legal” services, which has only rarely been studied. The link between both mechanisms has never been considered before.

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Book part
Publication date: 4 October 2014

Joseph Naimo

The Australian Football League (AFL) is the premier sporting competition in Australia in terms of capital outlay, breadth of industry associations, public consumption, and…

Abstract

The Australian Football League (AFL) is the premier sporting competition in Australia in terms of capital outlay, breadth of industry associations, public consumption, and arguably cultural significance. The AFL competition is now a domain of specialisations and interests, which provides vast opportunity for both sporting and non-sporting institutions seeking to utilise the game to capitalise on a society of consumption, entertainment and risk. AFL officials expect high standards of their players both on and off the field. These standards are expressed in various forms of Codes and Policies. Off field player misconduct is an ongoing concern not escaping media attention, which is a resounding indication more needs to be done by the AFL to improve responsible player character development. Whether the current education programmes are sufficient to meet the AFL’s own expectations is the central issue addressed in this chapter. As it stands AFL governance is deficient on several counts. In this chapter I will focus on three governance deficiencies: firstly, the AFL Illicit Drug Policy (IDP) contains unnecessary inconsistencies relative to its primary purpose; secondly, the present measures undertaken to ensure players have appropriate education to achieve the expected character development are far from efficacious and so arguably can be vastly improved; and thirdly, the promotion of live-odds gambling during televised games is culturally problematic and inconsistent with its own demands. The ethical grounds central to this investigation are ‘fairness’ and ‘cultural influence’. In order to resolve some of its governance concerns I will explain why the AFL should be characterised as a practice-community and as such should adopt a comprehensive virtue and value-based compliance ethical education programme consistent with its own vision and conduct expectation of its players and officials. I will argue that the AFL as a practice community is much more than simply a game, given its cultural influence, commercial associations and community programmes.

Details

Achieving Ethical Excellence
Type: Book
ISBN: 978-1-78441-245-6

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Book part
Publication date: 31 July 2008

Humberto Barreto

It turns out that there is a bigger, better version of The big three. Skousen should be aware of it since he wrote it himself. The making of modern economics: The lives

Abstract

It turns out that there is a bigger, better version of The big three. Skousen should be aware of it since he wrote it himself. The making of modern economics: The lives and ideas of the great thinkers (Skousen, 2001; hereafter Making of economics) is the source of The big three. The latter is essentially a condensed version of the former.

Details

A Research Annual
Type: Book
ISBN: 978-1-84663-904-3

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Book part
Publication date: 13 May 2017

David S. Lee and Justin McCrary

Using administrative, longitudinal data on felony arrests in Florida, we exploit the discontinuous increase in the punitiveness of criminal sanctions at 18 to estimate the…

Abstract

Using administrative, longitudinal data on felony arrests in Florida, we exploit the discontinuous increase in the punitiveness of criminal sanctions at 18 to estimate the deterrence effect of incarceration. Our analysis suggests a 2% decline in the log-odds of offending at 18, with standard errors ruling out declines of 11% or more. We interpret these magnitudes using a stochastic dynamic extension of Becker’s (1968) model of criminal behavior. Calibrating the model to match key empirical moments, we conclude that deterrence elasticities with respect to sentence lengths are no more negative than 0 . 13 for young offenders.

Details

Regression Discontinuity Designs
Type: Book
ISBN: 978-1-78714-390-6

Keywords

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Book part
Publication date: 21 December 2013

Serona Elton

Purpose – In this chapter, I explore the graduated response approach to combatting online piracy, and examine the different ways in which this approach…

Abstract

Purpose – In this chapter, I explore the graduated response approach to combatting online piracy, and examine the different ways in which this approach has been implemented in the United States and around the world.

Design/methodology/approach – I discuss the legal, political, and industrial origins and current state of the graduated response programs in each country.

Findings – Overall, the most successfully launched graduated response programs have been the ones where a single entity is overseeing the program implementation, and the code of conduct has been well articulated.

Originality/value of chapter – Few scholars have examined the processes leading up to the implementation of graduated response programs and the mechanics of how they work in practice. This chapter does this by looking, chronologically, at the developments in each country as well as the choreography of its notice process.

Details

Music and Law
Type: Book
ISBN: 978-1-78350-036-9

Keywords

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Article
Publication date: 1 October 1998

James E. Alvey

It is commonly held that Adam Smith is a prophet of capitalism. There is a good deal of evidence pointing towards his optimism about commercial society. This article…

Abstract

It is commonly held that Adam Smith is a prophet of capitalism. There is a good deal of evidence pointing towards his optimism about commercial society. This article claims to show the pessimistic side of Smith’s view of commercialism. While some of Smith’s pessimism is obvious, some emerges only after considering his six ends of human nature. We show that according to Smith’s own criteria, commercial society is not good. We also show that Smith considers commercial society to be neither inevitable nor permanent. In other words, Smith says that commercial society fails on three counts. Rather than a prophet of capitalism as the end of history, Smith emerges from this analysis as a major critic.

Details

International Journal of Social Economics, vol. 25 no. 9
Type: Research Article
ISSN: 0306-8293

Keywords

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Article
Publication date: 19 April 2013

This paper aims to review the latest management developments across the globe and pinpoint practical implications from cutting‐edge research and case studies.

Abstract

Purpose

This paper aims to review the latest management developments across the globe and pinpoint practical implications from cutting‐edge research and case studies.

Design/methodology/approach

This briefing is prepared by an independent writer who adds their own impartial comments and places the articles in context.

Findings

For those people who live outside the US and do not share its intimate relationship with baseball, they will have always been slightly perplexed at some of the terminology used in business that originates from that sport. Phrases like “ball park figure”, being “thrown a curveball” and having a “three strikes and you're out” policy have descended into cliché, without many executives stopping to think what they really mean and why they are using these terms.

Practical implications

The paper provides strategic insights and practical thinking that have influenced some of the world's leading organizations.

Originality/value

The briefing saves busy executives and researchers hours of reading time by selecting only the very best, most pertinent information and presenting it in a condensed and easy‐to‐digest format.

Details

Development and Learning in Organizations: An International Journal, vol. 27 no. 3
Type: Research Article
ISSN: 1477-7282

Keywords

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Article
Publication date: 20 November 2017

Michael Carriger

Much has been written in both the management and finance literatures about the impact of downsizing on the financial health and market valuation of companies. However…

Abstract

Purpose

Much has been written in both the management and finance literatures about the impact of downsizing on the financial health and market valuation of companies. However, surprisingly little attention has been paid to the frequency of downsizing and the impact of frequent downsizings. The purpose of this paper is to look at trends in downsizing, asking the question are companies that downsize once more likely to downsize again. The paper also looks at the impact of frequent downsizing, asking the question are frequent downsizers differentially impacted compared to less frequent downsizers.

Design/methodology/approach

Companies that appeared on the Fortune 500 in 2014 and were also on the list in 2008 were assessed for the impact of repeat downsizings on financial measures (profitability, efficiency, debt, and revenue) and market valuation. A trend analysis was conducted to assess the trend in downsizing and repeated downsizing from 2008 through 2014. A series of univariate analysis of variances were conducted to assess the impact of repeated downsizings on the financial and market valuation indicators.

Findings

Findings indicate that companies that downsize between 2008 and 2009 were more likely to downsize again in future years. And this repeat downsizing happened at a higher rate than would be expected by the percentage of companies that initially downsized. Findings also indicate that multiple downsizings had a significantly negative impact on the company’s financial performance as measured by two profitability ratios (return on assets and return on investment) and a borderline significant negative impact on the company’s market valuation as measured by stock equity, regardless of industry or initial financial health of the company.

Originality/value

Two competing theories were considered and the evidence found here support both. However, the “band-aid solution” theory, that downsizing may function as a band-aid addressing the symptoms that lead to the downsizing but not the underlying disorder or cause may be a more parsimonious explanation for the results here. It is hoped that these findings will inform both scholars and practitioners, giving both a clearer picture of the impact of multiple downsizings on corporate performance.

Details

Journal of Strategy and Management, vol. 10 no. 4
Type: Research Article
ISSN: 1755-425X

Keywords

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Article
Publication date: 1 February 2001

Richard W. Oliver

Talk with any business person for more than a few minutes about corporate strategy' and the sports metaphors begin to pour out. “The bases are loaded,” “you get three

Abstract

Talk with any business person for more than a few minutes about corporate strategy' and the sports metaphors begin to pour out. “The bases are loaded,” “you get three strikes and you're out,” and “we were thrown a curve ball” are favorites from baseball. Football brings us “we'll need some‐one to quarterback this job,” “it's time to punt,” and “we're fourth and goal” to name a few. Even basketball contributes a few terms such as “full court press” (which is actually a defensive rather than an offensive strategy) and “it's a lay‐up.” Business articles and analyst commentaries are equally thickly littered with analogies to these three sports.

Details

Journal of Business Strategy, vol. 22 no. 2
Type: Research Article
ISSN: 0275-6668

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Book part
Publication date: 25 July 2011

Brian D. Fitch, Anthony H. Normore and David R. Werner

During its 230 year prison history, the United States has advocated various – and sometimes conflicting – purposes for incarceration. Each justification has rested on the…

Abstract

During its 230 year prison history, the United States has advocated various – and sometimes conflicting – purposes for incarceration. Each justification has rested on the tenets of some prevailing theory of human behavior (Akers & Sellers, 2008; Jones, 2008), which attempts to answer two recurring themes: why do some people commit crimes while others do not, and how should the criminal justice system, including the correctional system, respond to such behavior (Siegel, 2003; Winfree & Abadisky, 2010; Vito, Maahs, & Holmes, 2011). This chapter offers an overview of the general tenets of what is considered morally imperative when determining “right” from “wrong”; the four key criminological perspectives of crime, as well as the ontological assumptions, either explicit or implicit, within each hypothesis. Next, the authors discuss how these assumptions dictate society's response to crime and, more specifically, the type of punishment, rehabilitative efforts, or educational opportunities offered to those who violate society's laws (Bohn & Vogel, 2011). The chapter concludes with a discussion of the types of educational programs and therapies that have demonstrated the most promise at reducing crime and recidivism, as well as suggestions for improving current correctional practices.

Details

Leadership in Education, Corrections and Law Enforcement: A Commitment to Ethics, Equity and Excellence
Type: Book
ISBN: 978-1-78052-185-5

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