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Full-Text Articles in Business

Are Literary Agents (Really) Fiduciaries?, Jacqueline Lipton Jul 2019

Are Literary Agents (Really) Fiduciaries?, Jacqueline Lipton

Articles

2018 was a big year for “bad agents” in the publishing world. In July, children’s literature agent Danielle Smith was exposed for lying to her clients about submissions and publication offers. In December, major literary agency Donadio & Olson, which represented a number of bestselling authors, including Chuck Palahnuik (Fight Club), filed for bankruptcy in the wake of an accounting scandal involving their bookkeeper, Darin Webb. Webb had embezzled over $3 million of client funds. Around the same time, Australian literary agent Selwa Anthony lost a battle in the New South Wales Supreme Court involving royalties she owed to her …


Ex-Post Service Contract Performance Management, Brian Forbes, Malcolm Brady Jan 2019

Ex-Post Service Contract Performance Management, Brian Forbes, Malcolm Brady

Articles

This paper highlights how contract incompleteness can threaten the performance of public procurement facilities management contracts during their implementation stages, based on a multiple case study comprising five public procurement services contracts. The paper takes a principle-agent view and with the unit of analysis being the contract itself. The paper shows that contract contingencies are almost inevitable and may stem from the written contract or from the participating organisations. Written and unwritten contract management mechanisms were used in practice to deal with contingencies as they arose in the services case studies examined. The paper found that written contracts do not …


Law As Design: Objects, Concepts, And Digital Things, Michael J. Madison Jan 2005

Law As Design: Objects, Concepts, And Digital Things, Michael J. Madison

Articles

This Article initiates an account of things in the law, including both conceptual things and material things. Human relationships matter to the design of law. Yet things matter too. To an increasing extent, and particularly via the advent of digital technology, those relationships are not only considered ex post by the law but are designed into things, ex ante, by their producers. This development has a number of important dimensions. Some are familiar, such as the reification of conceptual things as material things, so that computer software is treated as a good. Others are new, such as the characterization of …