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Full-Text Articles in Law

Simple Substantial Economic Effect Regulatory Compliance, David Randall Jenkins Sep 2015

Simple Substantial Economic Effect Regulatory Compliance, David Randall Jenkins

David Randall Jenkins

The Internal Revenue Service considers Section 704(b)’s substantial economic effect regulations among the most complex. This course teaches the Treasury Regulations enable simple compliance through (Per Capita: Balances: Ratios) capital account accounting method truncated transitivity, economic effect equivalence, and substantiality’s conclusive presumption. The partnership special allocations public policy mandate is made clear thereby: encourage going concern productivity while discouraging its abandonment.


Parole And Probation Officers' Perceptions Of Management Effectiveness In Baltimore County, Maryland, Valencia Tamir Johnson Dr. Aug 2015

Parole And Probation Officers' Perceptions Of Management Effectiveness In Baltimore County, Maryland, Valencia Tamir Johnson Dr.

Valencia T Johnson

Management practices in the rehabilitation and criminal justice system are primarily concerned with how employees sense, collect, organize, and process information regarding the criminal offender. The purpose of this quantitative study was to measure parole and probation officers' perceptions regarding management support and effectiveness in the workplace, with particular emphasis on communication, collaboration, and conflict resolution. Herzberg's 2-factor theory of motivation served as the theoretical framework for the study, supporting the concept of participatory management as a central factor in job satisfaction. A researcher-designed, Likert-type questionnaire was administered to a randomly selected sample of 31 parole and probation officers ...


Is Google & People?, Sajjad Khaksari Jul 2015

Is Google & People?, Sajjad Khaksari

SAJJAD KHAKSARI

"Google Advertisement Strategy" strictly dominated the "Searching Ranks Results". On the other hand, 70% of the United State population and 90% of European use to used Google as their "Favorite Search Engine".
People use Google but the Google thanks to its "Famous Google Algorithm" offers them the arrangement of links that is consciously favored before by "Google Ad. Engine". In addition, unfortunately Google has many traps to bind, copy and save almost all the information from the users.


Tecnología Disruptiva, Alejandro Faya Rodriguez Jun 2015

Tecnología Disruptiva, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.


Aim Investment Report 2015: Trends And Policy Challenges, Karl P. Sauvant Mar 2015

Aim Investment Report 2015: Trends And Policy Challenges, Karl P. Sauvant

Karl P. Sauvant

Presented the “AIM Investment Report 2015: Trends and Policy Challenges" at the opening of the “Annual Investment Meeting” in Dubai, 30-31 March 2015.


Bolsas Y Mercados En La República Argentina. Análisis Del Nuevo Régimen De Mercado De Capitales Instaurado Con La Lmc Y Las Normas Dictadas En Su Consecuencia. Novedades Y Puntos Controvertidos, Luciano Antico Mar 2015

Bolsas Y Mercados En La República Argentina. Análisis Del Nuevo Régimen De Mercado De Capitales Instaurado Con La Lmc Y Las Normas Dictadas En Su Consecuencia. Novedades Y Puntos Controvertidos, Luciano Antico

Luciano Antico

Muchos fueron los cambios que trajo consigo la Ley N° 26.831 y su reglamentación en materia de bolsas y mercados en la República Argentina. El cambio más trascendental, quizás, la reestructu¬ración jurídica del sistema institucional de bolsas y mercados: reducción de la autorregulación (lo que trajo consigo más poder de la CNV y control directo sobre los mercados y sus agentes), la desmutualización de los mercados (lo que permitió el ingreso de nuevos participantes en el sis¬tema) y la redistribución de las funciones que cumplían las bolsas y los mercados, con la absor¬ción por parte de ...


Building Prohibited Transaction Chinese Walls For Retirement Plan Investment Structures, David Randall Jenkins Jan 2015

Building Prohibited Transaction Chinese Walls For Retirement Plan Investment Structures, David Randall Jenkins

David Randall Jenkins

Knowing how to structure client career revising strategies by funding business ventures with extant retirement plan assets is an important transaction structuring tool for today’s professional. Enabling both account holder compensation and personal guaranties of enterprise debt appears to be a formidable undertaking in today’s decisional law climate. The key to empowering such client objectives lies in understanding how retirement plan management and investment risk diversification policy compliance, together with properly invoked plan asset rule exceptions, erect Prohibited Transaction Chinese Walls and enable (self-dealing activity: incidental benefit) transitions.


Virtuous Billing, Nancy B. Rapoport, Randy D. Gordon Jan 2015

Virtuous Billing, Nancy B. Rapoport, Randy D. Gordon

Nancy B. Rapoport

Aristotle tells us, in his Nicomachean Ethics, that we become ethical by building good habits and we become unethical by building bad habits: “excellence of character results from habit, whence it has acquired its name (êthikê) by a slight modification of the word ethos (habit).” Excellence of character comes from following the right habits. Thinking of ethics as habit-forming may sound unusual to the modern mind, but not to Aristotle or the medieval thinkers who grew up in his long shadow. “Habit” in Greek is “ethos,” from which we get our modern word, “ethical.” In Latin, habits are moralis, which ...


Bad Math: How Non-Union Employees Are Unconstitutionally Compelled To Subsidize Political Speech, Shirley V. Svorny, Melanie S. Williams Jan 2015

Bad Math: How Non-Union Employees Are Unconstitutionally Compelled To Subsidize Political Speech, Shirley V. Svorny, Melanie S. Williams

Melanie S. Williams

Employees’ right to organize and be represented by unions is in tension with the right of other employees not to join organizations as a condition of employment. Current law permits unions to assess agency fees from represented non-members, reflecting the cost of representational activities (for example, contract negotiation). Unions may not, however, assess non-members for the cost of political activities, since this would infringe on the constitutional rights of such employees by requiring them to subsidize political speech. The method of calculating agency fees, however, has been almost uniformly mishandled, resulting in overcharging non-union members. In this paper, we examine ...


En Torno A La Relevancia Jurídica De Una Estrategia Empresarial Consolidada Y Subyacente: La Obsolescencia Programada (About The Juridical Relevance Of An Underlying And Consolidated Business Strategy: The Planned Obsolescence), Jesús A. Soto Jan 2015

En Torno A La Relevancia Jurídica De Una Estrategia Empresarial Consolidada Y Subyacente: La Obsolescencia Programada (About The Juridical Relevance Of An Underlying And Consolidated Business Strategy: The Planned Obsolescence), Jesús A. Soto

Jesús Alfonso Soto Pineda

El artículo presenta la obsolescencia programada, como estrategia empresarial, basada en el diseño, planificación, proyección y control de la vida útil de los productos, con el objetivo de dinamizar la demanda y estimular el consumo; impulsando a los particulares a adquirir tras la pérdida de funcionalidad de sus bienes o su caducidad. Exponiendo igualmente los casos de mayor trascendencia que han llevado tal estrategia hasta nuestros días, haciendo hincapié en el sector tecnológico y en uno de sus exponentes de más notoriedad, la empresa multinacional norteamericana Apple. Deslindando a su vez, los caracteres que le otorgan relevancia ética a la ...


Aim Investment Report 2015: Trends And Policy Challenges, Karl P. Sauvant Jan 2015

Aim Investment Report 2015: Trends And Policy Challenges, Karl P. Sauvant

Karl P. Sauvant

In the foreign-direct-investment world, the year 2014 was characterized by policy discussions, especially about the nature of the international investment law and policy regime, its investor-state dispute-settlement mechanism, the role of bilateral investment treaties, and the question of rules for state-owned enterprises. This discussion took place against the backdrop of a decline in world FDI flows by multinational enterprises and the growing attractiveness of emerging markets as host countries and the further rise of outward FDI from these countries.


Law Vs. Science: Should Law As A Core Subject Be Eliminated At The U.S. Armed Services Academies In Favor Of More Relevant Stem Courses?, Gregory M. Huckabee Jan 2015

Law Vs. Science: Should Law As A Core Subject Be Eliminated At The U.S. Armed Services Academies In Favor Of More Relevant Stem Courses?, Gregory M. Huckabee

gregory m huckabee

Law vs. Science: Should law as a core subject be eliminated at the U.S. Armed Services Academies in favor of more relevant STEM (science, technology, engineering, mathematics) courses? As recent cyberterror events have unfolded, more STEM knowledge is needed in the armed forces. STEM courses are on the march for inclusion in greater numbers in academy core curriculums. In order for new STEM courses to join the academic heart of academy learning, predecessor courses must be reviewed for relevancy, significance, and materiality. One core course in common at all three military academies is law. Yet few core curriculums can ...


What Determines M&A Legal And Financial Advisors' Competitiveness In An International Financial Centre: Using China's Going Out Policy As A Natural Experiment, Bryane Michael Jan 2015

What Determines M&A Legal And Financial Advisors' Competitiveness In An International Financial Centre: Using China's Going Out Policy As A Natural Experiment, Bryane Michael

Bryane Michael (bryane.michael@stcatz.ox.ac.uk)

How can legal and financial advisors compete in the global market for M&A mandates? In this presentation, we review the arguments made in our paper.


Iniciativas Legais Para O Desenvolvimento Da Governança Corporativa No Mercado Financeiro E De Capitais Brasileiro, Felipe Chagas Villasuso Lago Dec 2014

Iniciativas Legais Para O Desenvolvimento Da Governança Corporativa No Mercado Financeiro E De Capitais Brasileiro, Felipe Chagas Villasuso Lago

Felipe Chagas Villasuso Lago Mr.

The study of Corporate Governance is of utmost importance for the development of transparency and ethics in the conduct of public and private institutions activities. Corporate governance has been important for the development of relations between the shareholder and the senior management of companies, employees, suppliers, customers, banks and other lenders, Regulators and the community as a whole. The study of such practice goes beyond legal issues and also involves economic analysis and policy for discussing the best strategy to ensure the return on investment or consideration, in the case of public service. The Financial and Capital Market are industries ...


Attracting Fdi And Benefiting From It: Challenges For The Least Developed Countries, Karl P. Sauvant Nov 2014

Attracting Fdi And Benefiting From It: Challenges For The Least Developed Countries, Karl P. Sauvant

Karl P. Sauvant

Spoke on “Attracting FDI and Benefiting From It: Challenges for the Least Developed Countries,” at an event on “Investment Promotion Regimes for Foreign Direct Investment in the Least Developed Countries,” held by the Second Committee of the UN's General Assembly, New York, 24 November 2014. The presentation was subsequently published in the Transnational Corporations Review, vol. 7, no. 2 (June 2015), pp. 125-127.


The Internet Of Things And Wearable Technology: Addressing Privacy And Security Concerns Without Derailing Innovation, Adam D. Thierer Nov 2014

The Internet Of Things And Wearable Technology: Addressing Privacy And Security Concerns Without Derailing Innovation, Adam D. Thierer

Adam Thierer

This paper highlights some of the opportunities presented by the rise of the so-called “Internet of Things” and wearable technology in particular, and encourages policymakers to allow these technologies to develop in a relatively unabated fashion. As with other new and highly disruptive digital technologies, however, the Internet of Things and wearable tech will challenge existing social, economic, and legal norms. In particular, these technologies raise a variety of privacy and safety concerns. Other technical barriers exist that could hold back IoT and wearable tech — including disputes over technical standards, system interoperability, and access to adequate spectrum to facilitate wireless ...


Practice Lean! Implementing Technology-Driven Lean Six Sigma In A Law Firm, Frank A. Urbanic Nov 2014

Practice Lean! Implementing Technology-Driven Lean Six Sigma In A Law Firm, Frank A. Urbanic

frank a urbanic

No abstract provided.


Trends In Fdi, Home Country Measures And Competitive Neutrality, Karl P. Sauvant, Persephone Economou, Ksenia Gal, Shawn Lim, Witold P. Wilinski Oct 2014

Trends In Fdi, Home Country Measures And Competitive Neutrality, Karl P. Sauvant, Persephone Economou, Ksenia Gal, Shawn Lim, Witold P. Wilinski

Karl P. Sauvant

This chapter focusses on measures that home countries have in place to facilitate and encourage outward FDI, the conditions under which these are available and implications for competitive neutrality.


Management Regimes And Its Impact On The Wetland Fisheries Management In Assam, Ganesh Chandra Aug 2014

Management Regimes And Its Impact On The Wetland Fisheries Management In Assam, Ganesh Chandra

Ganesh Chandra

Assam is endowed with copious aquatic wealth in the form of beels, swamps, ponds and rivers. The floodplain wetlands (beels) extending over one lakh hectare, constitute the most important fishery resource of the state. The beels are considered as one of the most productive ecosystems owing to their characteristic interactions between land and water system. These wetlands are the common property resource and under different management regimes. These wetlands are under various management regimes, i.e., private management (individuals and groups), fishermen cooperative management, Community-based fisheries management (decentralized management, Government works as facilitator) and open access. Most of the unregistered ...


G7 Move For Fair And Stable Contracts Can Be A Boon To Developing Economies, Karl P. Sauvant Jul 2014

G7 Move For Fair And Stable Contracts Can Be A Boon To Developing Economies, Karl P. Sauvant

Karl P. Sauvant

Karl P. Sauvant, "G7 Move for Fair and Stable Contracts Can be a Boon to Developing Economies,” letter to the editor, Financial Times, 10 July 2014.


A Alienação Fiduciária De Ações Nas Operações De M&A, Felipe Chagas Villasuso Lago Apr 2014

A Alienação Fiduciária De Ações Nas Operações De M&A, Felipe Chagas Villasuso Lago

Felipe Chagas Villasuso Lago Mr.

The need to establish mechanisms, in particular, laws that guarantee a return to the investor, or rather a quick fix that will sustain if the default is a global trend. In seeking to balance this scale, increasing investment and guaranteed security to investors, the Brazilian legislature has innovated. The Fiduciary Alienation is a secured guarantee that resulted from this innovation, having the scope of developing a more trustable funding on the financial and capital markets. The present article will analyze the legality of stocks’ fiduciary alienation in operations of Mergers and Acquisitions (“M&A”) in light of the different legal ...


Public Accounts Committees In Eastern And Southern Africa. A Comparative Analysis, Riccardo Pelizzo, Abel Kinyondo Mar 2014

Public Accounts Committees In Eastern And Southern Africa. A Comparative Analysis, Riccardo Pelizzo, Abel Kinyondo

riccardo pelizzo

This article provides the first and most comprehensive analysis of Public Accounts Committees (PACs) from Eastern and Southern Africa building on the work of McGee, Jacobs, Stapenhurst, and Staddon. By analyzing an original set of data, this article shows that PACs in these two regions are bigger, have more staff members, and are more likely to be chaired by opposition Members of Parliament than they have in other countries and regions. Furthermore, the data show that Eastern and Southern African PACs are more active than their counterparts elsewhere. However, lack of political will and limits to the range of powers ...


The Role Of Parliament In Curbing Corruption, Riccardo Pelizzo Mar 2014

The Role Of Parliament In Curbing Corruption, Riccardo Pelizzo

riccardo pelizzo

this note discussed the role that parliaments can play in the fight against corruption


The Myth Of The Early Aviation Patent Hold-Up – How A U.S. Government Monopsony Commandeered Pioneer Airplane Patents, Ron D. Katznelson, John Howells Mar 2014

The Myth Of The Early Aviation Patent Hold-Up – How A U.S. Government Monopsony Commandeered Pioneer Airplane Patents, Ron D. Katznelson, John Howells

Ron D. Katznelson

The prevailing historical accounts of the formation of the U.S. aircraft “patent pool” in 1917 assume the U.S. Government necessarily intervened to alleviate a patent hold-up among private aircraft manufacturers. We show these accounts to be inconsistent with the historical facts. We show that despite the existence of basic aircraft patents, aircraft manufacturers faced no patent barriers in the market dominated by Government demand. We show that the notion of the aircraft patent hold-up is a myth created by Government officials and used to persuade Congress to authorize eminent domain condemnation of basic aircraft patents. Government officials used ...


The Hidden Ball Trick: How Major League Baseball Endured Through Its Tumultuous Labor History, Derek Carrillo Feb 2014

The Hidden Ball Trick: How Major League Baseball Endured Through Its Tumultuous Labor History, Derek Carrillo

DEREK CARRILLO

No abstract provided.


Sec Preventative Measures Against Securities Violations And Fraud Post-Jobs Act, Kristie Benner Jan 2014

Sec Preventative Measures Against Securities Violations And Fraud Post-Jobs Act, Kristie Benner

Kristie Benner

The purpose of the Securities Act and the Exchange Act is to supply investors with the necessary information to make informed decisions regarding an entity’s offerings. After the 2010 financial crisis, the economic crisis devastated the economy leaving many without jobs. In response to this economic recession, President Obama signed the Jumpstart Our Business Startups Act (JOBS Act) into law in 2012 as one method of stimulating the economy. This Act deregulated the securities laws for small businesses in the hopes of creating jobs and invigorating the economy. These changes allow a small business more access to capital by ...


Market Efficiency And The Problem Of Retail Flight, Alicia J. Davis Jan 2014

Market Efficiency And The Problem Of Retail Flight, Alicia J. Davis

Alicia Davis

In 1950, 91% of common stock in the U.S. was owned directly by individual investors. Today, that percentage stands at only 23%. The mass exodus of retail investors and their investment dollars has negative implications not only for capital formation and investor protection, but also for market efficiency. Individual investors are often assumed to be noise traders who distort stock prices and harm market functioning. Therefore, some argue that their withdrawal from the market should be of little concern; indeed, it should be celebrated. Recent empirical evidence calls this assertion of retail noise trading into doubt, and this paper ...


Rethinking The Worker Classification Test: Employees, Entrepreneurship, And Empowerment, Griffin Toronjo Pivateau Jan 2014

Rethinking The Worker Classification Test: Employees, Entrepreneurship, And Empowerment, Griffin Toronjo Pivateau

Griffin Toronjo Pivateau

The structure of the American workplace depends on the ability to distinguish between employees and independent contractors. Unfortunately, the law provides little to guide employers in classifying workers. The legal tests to determine worker status are confusing, yield inconsistent results, and are not suited to the evolving employment relationship. Traditionally, courts examine the amount of control exerted over the putative employee by the employer: The more control exerted by the employer over the work, the more likely it is that the worker will be considered an employee. Control, however, is not the only factor to examine in determining worker status ...


Ethical Frameworks, Corey A. Ciocchetti Jan 2014

Ethical Frameworks, Corey A. Ciocchetti

Corey A Ciocchetti

This article discusses the three prominent business ethics theories of Utilitarianism, Deontology and Virtue Ethics. This is a short primer on these theories.


Introducing The Laws Of The Knowledge Workplace, Dariusz Jemielniak Jan 2014

Introducing The Laws Of The Knowledge Workplace, Dariusz Jemielniak

Dariusz Jemielniak

No abstract provided.