Business Commons^™

Recent Developments In The Law Of Comparative Advertising In Italy: Towards An Effective Enforcement Of The Principles Of Directive 97/55/Ec Under The New Regime?, Irene Calboli

Research Collection Yong Pung How School Of Law

On February 25, 2000, the Italian Government adopted Legislative Decree No. 67, which enacted Directive 97/55/EC amending Directive 84/450/EEC concerning misleading advertising, so as to include comparative advertising. Contrary to what one could have expected in a country that has traditionally banned comparison in advertisements, Italy was one of the first among the Member States to implement Directive 97/55/EC. In order to allow consistent enforcement practices, however, the adoption of the new law must be followed by a profound change in the ways Italian courts and legal operators have approaches this issue so far. This Article explore this issue and …

An Assessment Of Air Force Development Portfolio Management Practices, Michael A. Greiner, Kevin J. Dooley, Dan L. Shunk, Ross T. Mcnutt

Faculty Publications

Selecting and managing development project portfolios is a critical function within the Air Force’s weapon systems development process. Decision makers must weigh benefits, costs, and mission needs for a variety of proposed new initiatives and current weapon systems programs in order to develop an effective portfolio that provides the best value to the User. This research examines current Air Force development portfolio management practices as perceived by those involved with the decision making process. Research findings indicate several gaps between Air Force practices and those commercial best practices as found in the literature. A general approach for bridging the differences …

Access To Justice For The Self-Represented Litigant: An Interdisciplinary Investigation By Designers And Lawyers (With P. Hannaford), Ronald W. Staudt

All Faculty Scholarship

No abstract provided.

Policy For The Implementation Of Ecologically Sustainable Development Fisheries And Aquaculture Within Western Australia, W. J. Fletcher

Fisheries Management Papers

The purpose of this ESD policy is to outline a way forward by showing in a practical manner: • how the ESD principles will be interpreted and applied within the fisheries context generally and within the Department of Fisheries specifically, • the conceptual framework that will be used to assess performance against ESD principles, • the methods for reporting on and auditing this performance, and • how these principles and the framework relate to other relevant state, national and international treaties and instruments.

The Translocation Of Barramundi (Lates Calcarifer) For Aquaculture And Recreational Fishery Enhancement In Western Australia., Tina Thorne

Fisheries Management Papers

This Management Paper is intended to assist the Executive Director when considering the issuing of authorisations for commercial aquaculture under Section 92 of the Fish Resources Management Act 1994; written approvals or written authorities for the translocation of barramundi under Regulation 176 of the Fish Resources Management Regulations 1995; and in the development of programs for recreational fishery enhancement of barramundi. It is also designed to provide guidance to the aquaculture industry and recreational fishing groups when considering the farming or stocking of barramundi in this State.

Some Ethical Reflections On Cyberstalking, Frances Grodzinsky, Herman T. Tavani

School of Computer Science & Engineering Faculty Publications

The present study examines a range of moral issues associated with recent cyberstalking cases. Particular attention is centered on the Amy Boyer/ Liam Youens case of cyberstalking, which raises a host of considerations that we believe have a significant impact for ethical behavior on the Internet. Among the questions we consider are those having to do with personal privacy and the use of certain kinds of Internet search facilities to stalk individuals in cyberspace. Also considered are questions having to do with legal liability and (possible) moral responsibility that Internet Service Providers (ISPs) have for stalking crimes that occur in …

Santa Clara Magazine, Volume 44 Number 3, Winter 2002, Santa Clara University

Santa Clara Magazine

10 - GLOBALIZATION EMPOWERS GOOD AND EVIL By Rob Elder. Thomas Friedman, Pulitzer Prizewinning author and international affairs columnist for The New York Times, discusses this complex issue during a visit to campus.

14 - ON THE COLLISION OF WORLDS By Fred White. Corny science fiction movies inspire an SCU English professor to ponder deeply cosmic questions.

18 - THE CAMPAIGN FOR SANTA CLARA By Elizabeth Kelley Gillogly '93. SCU launches the largest campaign in its history, with plans for endowed scholarships, a new library, a new building for the Leavey School of Business, and much more.

Proposal For A Centralized And Integrated Registry For Security Interests In Intellectual Property, William J. Murphy

Law Faculty Scholarship

As the world economy enters the twenty-first century, job and wealth creation is increasingly based on innovation and creativity that, in turn, can give rise to important intellectual property rights. For many companies and individuals these intellectual property rights may represent their most valuable assets, or in some cases, their only valuable assets. As a result, intellectual property rights increasingly play a critical the role in financing.

Unlocking the job and wealth creating potential of intellectual property assets requires putting these assets into use, and that often requires a capital investment. Unfortunately, many entrepreneurs and innovators lack the capital necessary …

The Meaning Of Property Rights: Law Versus Economics? , Daniel H. Cole, Peter Z. Grossman

Scholarship and Professional Work - Business

Property rights are fundamentals to economic analysis. There is, however, no consensus in the economic literature about what property rights are. Economists define them variously and inconsistently, sometimes in ways that deviate from the conventional understandings of legal scholars and judges. This article explores ways in which definitions of property rights in the economic literature diverge from conventional legal understandings, and how those divergences can create interdisciplinary confusion and bias economic analyses. Indeed, some economists' idiosyncratic definitions of property rights, if used to guide policy, could lead to suboptimal economic outcomes.

Adequacy Of The 1995 Antitrust Guidelines For The Licensing Of Intellectual Property In Complex High Tech Markets, Clovia Hamilton

Winthrop Faculty and Staff Publications

In 1995, the Department of Justice and the Federal Trade Commission adopted new guidelines for those wishing to license intellectual property rights without violating antitrust laws. Designed to provide clarity, these guidelines instead breed confusion because they misunderstand the nature of intellectual property markets and provide insufficient guidance in the most difficult areas. Section I of this article will discuss the basic provisions of the guidelines, especially their treatment of "innovation markets." It argues that government enforcers should focus primarily on activity that creates entry barriers. Understanding the use and misuse of licensing is the key to analyzing barriers in …

Academic Freedom In Times Of Turmoil, Petr Kolar

Center for the Study of Ethics in Society Papers

Papers presented for the Center of the Study of Ethics in Society Western Michigan University November 5, 2001.

Pemikiran Abu Yusuf Mengenai Kewangan Islam : Kajian Dalam Kitab Al-Kharaj, Hanin Mahamud Azaki

Student Works (2000-2009)

This dissertation explains the contribution of Abu Yusuf in Islamic Finance based on his Kitab al-Kharaj in which he has been regarded as an outstanding Muslim thinker of Hanafi school of thought. In this work, Abu Yusuf highlighted the position of land taxation (al-kharaj) according to Islamic perspective. ln other words, it tries to view Islamic rulings concerning land tax, its procedures as well as its measurement. Hopefully it will assist in the implementation of land tax accordance with the spirit of Islam. Chapter one explains the background of Abu Yusuf, his teachers and writings. Chapter two mentions the theory …

The New Basel Capital Accord: Making It Effective With Stronger Market Discipline, Harald Benink, Clas Wihlborg

Business Faculty Articles and Research

In January 2001 the Basel Committee on Banking Supervision proposed a new capital adequacy framework to respond to deficiencies in the 1988 Capital Accord on credit risk. The main elements or ‘pillars’ of the proposal are capital requirements based on the internal risk-ratings of individual banks, expanded and active supervision, and information disclosure requirements to enhance market discipline. We discuss the incentive effects of the proposed regulation. In particular, we argue that it provides incentives for banks to develop new ways to evade the intended consequences of the proposed regulation. Supervision alone cannot prevent banks from ‘gaming and manipulation’ of …

Hemispheric Integration And The Politics Of Regionalism: The Free Trade Area Of The Americas (Ftaa), Christopher M. Bruner

Scholarly Works

This article examines negotiations toward a Free Trade Area of the Americas (FTAA). It seeks to discern what key negotiating parties want out of such an agreement, and the means through which they have sought to achieve their disparate goals.

The United States and Brazil, in particular, have employed complex negotiating strategies in order to gain theupper hand - strategies prompted by a variety of economic and political dynamics at domestic andsubregional levels. These dynamics include the significant pressure exerted on U.S. policy-makers by constituent groups sensitive to globalization's impact on labor and the environment, as well as the challenge …

Corporate And Products Identity In The Post-National Economy: Rethinking U.S. Trade Laws, Lan Cao

Faculty Publications

In the global economy, a General Motors automobile may involve South Korean assembly; Japanese engines; German design and style engineering; Taiwanese, Singaporean, and Japanese small components; British advertising and marketing; and Irish and Barbadian data processing. What is the country of origin of this product? How should U.S. trade laws evaluate a product's origin, if it is a global composite with research, assembly, processing, and manufacturing performed in different countries? Similarly, corporations have become increasingly global in orientation and operations. Even "national" corporations have lost their territorial ties to the state of their nationality. Through a phenomenon termed "global outsourcing" …

Cultural Tourism: Exploration Or Exploitation Of American Indians?, Kristal Markowitz

American Indian Law Review

No abstract provided.

Akad Al-Bay Bi Thaman Ajil Di Bank Rakyat Mengikut Perspektif Undang-Undang Kontrak Islam, Hamizan Mohd. Nor

Student Works (2000-2009)

Al-bay bi thaman ajil (BBA) is a financing contract according to Islamic principles. It is a well-known product and is offered by Islamic Banking System in Malaysia including Bank Rakyat itself. The product is an alternativies to the financing scheme of the conventional bank. Therefore, the dissertation studies the practice of SBA contract with attention given to the concept and nature of BBA contract in the Islamic transaction and its practise at Bank Rakyat. The study also discusses certain relevant concept such as debt, buy and selling (transaction), profits and usury in Islam all of which constitute some important aspects …

Deception In Advertising: A Content Analysis Of The Legal Parameters Of Deception, E. Carla Mitchell

Theses and Dissertations in Business Administration

One of the primary attributes of a free market economy is the uninhibited flow of truthful information regarding the goods and services available in the marketplace (Azcuenaga 1995). This free flow of information, in the form of advertising, enhances market performance by informing consumers and enabling firms to compete equitably based on the attributes of their offerings. Studies reveal that, for the vast majority of marketing managers, the regulatory environment serves as the primary influence in advertising strategy development and decision-making (Davis 1994). However, in their theory development, behavioral researchers often ignore the legal aspects promulgated by the FTC. Furthermore, …

An Evaluation Of The Financial Sector Master Plan & The Capital Market Master Plan, Soo Yeong Ewe

Student Works (2000-2009)

The financial sector is poised to enter a new era of institutional development and maturity with the unveiling of both the Financial Sector Master Plan (FSMP) by Bank Negara Malaysia and the Capital Market Master Plan (CMP) by the Securities Commission in 2001. FSMP is a blueprint to chart the way forward for the country's banking, insurance and other financial sectors for the next decade from year 2001 to 20 I 0. It aims Lo develop a more resilient. competitive and dynamic financial system that will be able to meet the challenges of further liberalization and globalization. CMP is a …

An Empirical Investigation Of The Relationship Between Audit Committee Effectiveness And Internal Auditors' Professional Objectivity, Sarjo Jah

Student Works (2000-2009)

The objective of this study is to empirically investigate the relationship between audit committees effectiveness and internal auditors' professional objectivity. The study attempts to determine whether or not audit committees effectiveness enhances the professional objectivity and independence of internal auditors. A mail questionnaire, which was used to collect data, was sent to internal auditors as well as audit committee chairmen. The data collected had been analysed using a parametric t-test. The findings of the study showed that there is a positive relationship between audit committee effectiveness and internal auditors professional objectivity. This study adds to existing local literature on audit …

An Empirical Investigation Of The Relationship Between Audit Committee Effectiveness And Internal Auditors' Professional Objectivity : A Focus On Financial Institutions In Malaysia, Panir Selvam Kannan

Student Works (2000-2009)

This study provides empirical evidence on the relationship between audit committee effectiveness and professional objectivity of internal auditors in the Malaysian banking industry. There was no prior study done on this relationship. Although many studies had been done on the audit committee effectiveness in Malaysia and on the internal auditor's objectivity in overseas, no study is yet to be done on the relationship between an effective audit committee and the professional objectivity of internal auditors. Therefore, this study fills such gap. Many official organizations and bodies internationally as well as in Malaysia have proposed an important role for audit committee …

Kefahaman Tentang Al-Sakha Dan Penghayatannya Di Kalangan Kakitangan Universiti Teknologi Mara (Uitm) Shah Alam, Selangor Darul Ehsan, Halipah Hamzah

Student Works (2000-2009)

Allah s.w.t. has blessed mankind with their assets whether in the form of material wealth, wisdom, skill etc. However, all these assets would still belong to Him and it is therefore held by human beings in trust to benefit all mankind al their best. In Islam, 1here are many ways to distribute one's resources such as donation. lending. endowment, discussion etc. By being generous, we share the quality of the charitable mankind and shall be rewarded by Allah s.w.t. as highlighted in al-Quran and Hadis. There are three levels of generosity, that is to donate a potion of their assets …

Daman Al-Mithl In The Contract Of Al-Ijarah And Al-Rahn : A Comparative Jurisprudential Study, Hossam Eldin Ibrahiem

Student Works (2000-2009)

Al-daman (guarantee) is one of the legitimate means used to protect ownership and other financial rights. It is one of the means of security upon which people have been dependent for a long time. As people use it, it develops with the development of their economic and commercial dealings. Al-daman has, as such become an important means which plays a vital and basic role in the development of modem economies. Its role is so vital that it is not an exaggeration to say that al-daman  has become the basic pillar of the modem economies and all commercial dealings for banks, …

Islamic Banking And Takaful : The Development And Future Challenges In Malaysia, Jalaludin Mohd Noor, Khairuddin Hanafiah

Student Works (2000-2009)

The establishment of the Mil Ghamr Local Savings Bank of Egypt in 1963 marked a new milestone in the development of Islamic banking system. The interest-free banking concepts introduced by Mil Ghamr signaled to the Muslim community that Islamic principles were applicable to modern day banking business. The government of Malaysia has been actively promoting Islamic banking with the view to have Islamic financial system operating side-by-side with the conventional interest-based system, Both are geared towards the nation's socio­economic development goals. The establishment of Bank Islam Malaysia Berhad in 1983 was the first step towards this vision. Ten years later, …

Toward A New Theory Of The Shareholder Role: A Sacred Space In Corporate Transactions, Robert B. Thompson, D. Gordon Smith

Faculty Scholarship

Corporate law expresses a profound ambiguity toward the role of shareholders. Courts announce that shareholders are critical to the theory that legitimates the exercise of power - by directors and officers over vast aggregations of property that they do not own. At the same time shareholders have a very difficult time actually making any corporate decisions. In this Article, we strive to define a new role for shareholders by drawing on economic theories of the firm and the structure of corporate law. More particularly we examine the role of shareholders in hostile corporate takeovers, the area where the interests of …

Teaching Students How To Become In-House Counsel, Christian C. Day

Journal of Legal Education

No abstract provided.

The Legal Aspects Of Knowledge Management, T S Suresh

IIMB Management Review

No abstract provided.

Non-Obvious Made Obviousinventiveness, Innovation, Ipr And The Scientific Enterprise, Pavan K Mamidi

IIMB Management Review

No abstract provided.

When Hope Unblooms: Chance And Moral Luck In The Fiction Of Thomas Hardy, Jil Larson

Center for the Study of Ethics in Society Papers

Paper presented at the Center for the Study of Ethics in Society at Western Michigan University, September 20, 2001.

2001 Scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library

Scholars and Artists Bibliographies

This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti