bluuebunny/crossref_metadata_2025 huggingface dataset:
Competition for Competence and Inter-Partner Learning within International Strategic Alliances
Authors: Hamel Gary
Published: November 2023

It is possible to conceive of a firm as a portfolio of core competencies on one hand, and encompassing disciplines on the other, rather than as a portfolio of product–market entities (Prahalad and Hamel, 1990). As technology bundles, core competencies make a critical contribution to the unique functionality of a range of end-products. An example is Honda’s expertise in powertrains, which is applied to products as diverse as automobiles, motorcycles, generators, and lawn mowers. Encompassing disciplines include total quality control, just-in-time manufacturing systems, value engineering, flexible manufacturing systems, accelerated product development, and total customer service.
Social Utility and Decision Making in Interpersonal Contexts
Authors: Loewenstein George F , Thompson, Leigh , Bazerman Max H
Published: November 2023

The origin of this paper, at least for me, dates back to when I became embroiled in a dispute over a condominium that my wife and I bought in Chicago in 1986. Unbeknownst to us, the people who sold us the condo kept a key and, after the closing and also right after we had sanded and polyurethaned the floor, reentered and destroyed the finish on the still-wet floor. I was livid, and, dissatisfied with what I saw as a paltry offer of monetary compensation, determined to take them to small claims court. I was rescued by the lawyer who had helped us with the purchase. She explained that it simply wasn’t worth my time or the filing fee to bring the case to court, and recommended that I negotiate with the sellers a bit longer, and then accept their offer. She also told me to think about reasons why the judge might not rule in our favor were we to take the case to court.
Mispredicting the Endowment Effect: Underestimation of Owners’ Selling Prices by Buyers’ Agents
Authors: Boven Leaf Van , Loewenstein, George , Dunning David
Published: November 2023

I first met Leaf Van Boven at a conference at Northwestern University hosted by Max Bazerman and Doug Medin on the topic of “New Directions in Decision Making.” I sat next to him at dinner—an Ethiopian restaurant near Wriggly stadium. I drank a lot of beer; he didn’t drink any. I talked a lot and he was virtually silent. He is a very controlled, inscrutable, person. Leaf, Don Moore, and my wife’s brother, Douglas Harsch and I went on one of the most arduous mountain trips that I’ve ever taken—in the Talkeetna range of Alaska—and Leaf maintained his imperturbable composure under the most horrendous conditions (which is not to denigrate the stoicism of the other two). I’ve teased him on numerous occasions that he must be holding something terrible inside to be so restrained, and he doesn’t deny it, but I have never picked up any hints of what it might be.
Out of Control: Visceral Influences on Behavior
Authors: Loewenstein George
Published: November 2023

In the final game of the World Cup of 2006, between Italy and France, the score had remained at 1–1 since the 19th minute of the game, and the game had gone into a second extra time. At that moment, with over a billion viewers watching on TV, the cameras captured a seemingly remarkable event. Zinedine Zidane, the captain of the French team who had scored the lone goal for France (making him the fourth player in history to score more than one goal in the world cup play-offs), who was playing the last game of an illustrious career, walked up to an Italian player who had, apparently, been taunting him verbally, and violently head-butted him, which led to his expulsion from the game. The French team, although down their most important player, managed to hold the line at 1–1 in the remaining minutes of the game, but lost on penalty kicks, a skill which Zidane was famous for.
Heart Strings and Purse Strings
Authors: Lerner Jennifer S , Small, Deborah A , Loewenstein George
Published: November 2023

Jennifer Lerner is one of the most efficient people I know. She arrived in my department about four years ago, and immediately got to work, creating an experimental laboratory for herself, starting a new major in the department, and training a succession of amazing graduate students. I’ve been the direct beneficiary of the latter, getting the chance to work with them, and in this case also with Jennifer. I like this study, in part because I think it represents the benefits of interdisciplinary collaboration. Jennifer has a background in psychology, and has specifically done considerable research on the impact of emotions on decision-making. My main background is in economics, and I’ve done a lot of work on a phenomenon called the endowment effect (see Chapter 11).
Separate Neural Systems Value Immediate and Delayed Monetary Rewards
Authors: McClure Samuel M , Laibson David I , Loewenstein, George , Cohen Jonathan D
Published: November 2023

I had always considered myselfdriven until I got together with this crew. Our weekly hour-long Skype conferences first stretched to an hour and a half, then two hours, then became biweekly calls. And e-mail exchanges could happen seemingly at any time of day or night, typically with all parties weighing in within minutes. Don’t these guys ever sleep? (And what wasI doing on the computer at 3 a.m.?) When we started the project, McClure, another matured child prodigy, was doing a post-doc with Jonathan Cohen at Princeton. Cohen, who is not only a top neuroscientist but also an award-winning carpenter, I know from his days at CMU, when he and Jonathan Schooler and I used to meet for a weekly lunch.
From Boom to Bust: The Economic Integration of Immigrants in Postwar Sweden
Authors: Bengtsson Tommy , Lundh, Christer , Scott Kirk
Published: November 2023

Today about one-fifth of the Swedish population is born, or has at least one parent born, outside the country. This puts Sweden about three times above the European average when it comes to the size of the immigrant population. Among its neighbours, Denmark has the highest proportion of immigrants, about the European average, while the figures for Norway and Finland are much less. The official Swedish aim is to integrate the immigrants in order to give them the same opportunities and the same standard of living as native Swedes. Has this goal been achieved? The answer is no. Today the exclusion from the regular labour market and unemployment among immigrants is much higher and the standard of living is much lower than among natives. However, this was not the case in the past. In the 1960s, the immigrant population had a higher employment rate than the native population and therefore had higher average earnings. The question is whether this development is a result of the changes in the composition of immigrants from labour to refugee and from European to non-European, or whether it is due to changes in the demand for labour in terms of volume and skills.
Fundamental Rights
Authors: Tridimas Takis
Published: November 2023

The protection of fundamental rights in the Community legal order has been almost entirely the product of case law. This still remains the case despite the fact that there are now express references to their protection in the TEU and the Union has acquired its own catalogue of fundamental rights in the form of the Charter. The Court’s creative jurisprudence has not been without its critics. Coppel and O’Neill argued at earlier times that the high rhetoric of human rights is not based on a genuine concern to take them seriously but on a desire to extend the scope and impact of Community law which lacks legitimacy. A more balanced assessment suggests that the gradual elaboration of judicial standards has been well founded and that the impact of the Court’s jurisprudence has been positive.
Policing from below: community policing as an objective in peace operations
Authors: Mobekk Eirin
Published: November 2023

Community policing has been, if not always an expressed objective, at least part of some of the most recent peace operations, such as those in Bosnia, Kosovo and East Timor. In East Timor, the use of community policing by the United Nations civilian police (CivPols) was a declared goal. However, it is an elusive concept and its applicability in the context of international peace operations needs examination. This is particularly pertinent where the police mission includes a law enforcement mandate—not only training and monitoring—as was the case in both Kosovo and East Timor. This chapter deals with com munity policing in peace operations where the CivPol component has a law enforcement mandate—executive policing.

This chapter makes extensive reference to the case of East Timor but takes a more general approach when discussing the possibility and indeed the usefulness of applying the concept of community policing in peace operations. The inherent problems with the term and the ways in which these problems translate from a national to an inter national context are outlined.
Civil-military cooperation: the military, paramilitaries and civilian police in executive policing
Authors: Hansen Annika S
Published: November 2023

Civil-military cooperation is nothing new and has been a standard part of peace operations at least since the early l 990s. With the expansion of peace operations in the course of the past decade, the term ‘civil-military cooperation’ has come to incorporate a wide range of efforts to secure cooperation and coordination between the activities of civilian agencies and those of the military forces in a conflict area. At the same time, law-and-order issues have come to the fore as a central concern in any peace operation. This has brought the relationship between military forces and the international civilian police (CivPols) into the spotlight, as public security is the realm in which the paths of the military and the civilian police, as the relevant key players in the civilian reconstruction effort, cross most frequently.

In the civilian police monitoring operations of the early 1990s, military-police cooperation was limited and consisted mainly of logistical support. However, with the steadily expanding role of civilian police in peace operations, the interface between military and police staff has increased, providing more opportunities and placing greater demands on cooperation between the two.
National police training within an executive police operation
Authors: Perito Robert M
Published: November 2023

The fact that international civilian police have executive authority does not obviate the traditional requirement for training and mentoring local police. ‘Training and restructuring form the essential foundation for any executive policing operation, in that these activities are the ones that ultimately build local law enforcement capacity and eventual1y allow the international mission to go home.’ In fact, all executive missions eventually transform into monitoring and training missions. Executive policing is undertaken concurrently with efforts to establish an indigenous police force. This view is reflected in the Civilian Police Principles and Guidelines issued by the UN Department of Peace-keeping Operations (DPKO). In its guidance to UN police commissioners for conducting UN Civilian Police (CivPol) operations, the DPKO advises that, in operations where UN CivPols have executive authority, training and mentoring/monitoring programmes are among the principal methods for managing the transition of authority to local police.
Tuttifrutti
Authors: Graziadei Michele
Published: November 2023

If civilians have a chance to understand the English law of property, they largely owe it to the scholar to whom this collection of essays is dedicated. This chapter is but a gloss on Bernard Rudden’s works. As such, it does not claim to be comprehensive and it addresses the subject from a lateral perspective, namely the civil codes’ obsession with ‘fruits’.
Insurance Law in Post-Soviet Russia
Authors: Moudrykh Vladislav
Published: November 2023

The contribution of Bernard Rudden to Soviet law scholarship is enormous. One area in which this scholarship has made itself known is the field of insurance law. In 1966, Rudden published his monograph, Soviet Insurance Law,1 which was a systematic survey of the insurance law of the then Soviet Union. In that work, Rudden made a number of arguments relating to insurance law in the Soviet Union, arguments which drew attention to deficiencies in that law. The present chapter takes as its subject the insurance law of post-Soviet Russia. Much has happened in Russia since 1966, and insurance law has changed as a result. The collapse of the Communist ideal and the transition to the market economy have yielded reforms of insurance law, in both formal and substantive terms. However, the deficiencies remain.
Conclusions: Rethinking Knowledge-Intensive Organizations and Work
Authors: Alvesson Mats
Published: November 2023

IN this final chapter I summarize and draw out some of the conclusions of the book, and discuss the limits of the ideas suggested here. One provocative question is whether knowledge is the solution or a dead end as an approach to understanding organizations and to improving their functioning. I start, however, with discussion of a version of the key theme of tension between knowledge work as a cognitively and possibly ethically rational activity versus knowledge work as a more uncertain, pragmatic, politically sensitive, and otherwise ‘non rational’ social phenomenon. I do so by discussing professional ism and the efforts of some firms that do not belong to the certified branches to mimic certain key themes of professional ism, thus introducing an idea of the quasi-professional firm. Some key themes of the book are addressed here from a some what different perspective than in previous chapters.
X-bar Theory
Authors: Carnie Andrew
Published: November 2023

Phrase structure grammars and their extensions provide us with powerful tools for describing constituent structures, but the range and extent of their adequacy is a matter of debate. There is, however, one particular extension to phrase structure grammars that has been almost universally adopted at one point or another by formal linguists: X-bar theory. X-bar theory serves both as an extension to phrase structure grammars and places a number of restrictions on the form that phrase structure rules (PSRs) can take.
Late Twentieth-Century Management, the Business School, and Social Capital
Authors: Starkey Ken , Tempest Sue
Published: November 2023

This chapter explores the dubious legacy that late twentieth-century management (LTCM) has bequeathed to the twenty-first-century manager. It argues that some of the guiding principles of LTCM have outlived their usefulness and that we face an urgent need to rethink management. It suggests the concept of social capital as a key focus for the twenty-first-century manager. It also addresses the role of the business school in educating managers, arguing that, just as we need to rethink management, we also need to think critically about the mindset and the values that the business school, particularly through the MBA degree, offers managers. It is difficult to imagine management in its current form surviving until the end of the twenty-first century. Grounded in thinking and practices that became the orthodoxy in the late twentieth century, our current way of managing seems to have reached or to be approaching its limits.
Leadership in a Non-Linear World
Authors: Fiedler Fred E , Garcia Joseph E
Published: November 2023

In dealing with leaders and managers, our thinking tends to be linear ‘The more the better’: the more intelligent, the more experienced, the better their education, the more likely we are to hire them. Of course, we know that these linear measures do not necessarily result in better performance. Nonetheless, in selecting candidates for a job, or for admission to a school, the higher their test score, or their grade point average, or the rating of previous performance, the more likely we are to accept the candidate. By and large, this procedure has some merit since it tends to screen out the obviously unfit. But these simple judgements turn out to lead us astray when we attempt to select leaders and managers.
Overcoming the Hydra: Leaderless Groups and Terrorism
Authors: Grint Keith
Published: November 2023

The Hydra in Greek mythology represented that most difficult of creatures to overcome: not just a creature with multiple heads, and therefore no apparent leader and no one to hold responsible or to focus upon, but also a creature whose structure appeared to make it immortal because each severed head grew two more. This paradox was eventually transcended when Hercules changed his strategy both for dealing with the mortal heads and for despatching the immortal head.
The Flying Dutchman and the Discontents of Modernity
Authors: Pelzer Peter
Published: November 2023

One day the mariners’ collective imagination perceives the spectre of the Flying Dutchman on the oceans of the new world: ‘blood red the sails, black the mast’. Aimlessly, the helm damaged or washed away, and every now and then without a living crew, it haunts the floods-a gloomy memorial in an optimistic age-and it dooms those crossing its way with a curse of aimlessness and life-in-death.
Arachne and Minerva: Women, Powe0 and Realization
Authors: Guerrier Yvonne
Published: November 2023

Arachne was a young Lydian girl from a poor background who had incredible skill as a weaver. Her talent had made her famous. Even the nymphs and the naiads loved to come down not just to admire her finished cloths but also to watch her deft and light movements as she wove. It was clear to all that her talents must have come from Minerva, the goddess of weaving.
Theoretical Reflections on the Evaluation of a Penal Policy Initiative
Authors: Bottoms Anthony E
Published: November 2023

In the mid-nineteenth century, it was necessary for macro-political reasons for the English penal system to replace transportation to the colonies by what was called penal servitude in penitentiaries at home.
The Forester’s Dilemma: The Influence of Police Research on Police Practice
Authors: Young Richard , Sanders Andrew
Published: November 2023

This chapter looks at the potential impact of different styles of police research on police policy and practice. We say ‘potential’ in acknowledgement of the fact that policy changes are always brought about through a myriad of influences; it would take a brilliantly designed, lavishly funded, perfectly executed research project to assess accurately the actual impact of research on policy.
Criminology and Public Policy in the USA and UK
Authors: Tonry Michael , Green David A
Published: November 2023

For at least fifty years, academics have been urging the relevance to criminal justice policy-making of systematic knowledge based on research, and decrying the failure of policy-makers to take account of research findings. That sentence could be construed as evidence that criminology, not economics, is the dismal science: science in its aspirations, dismal in its influence.
Other Aspects of Negligence Claims
Authors: Cherie Booth QC , Squires Dan
Published: November 2023

In order to succeed in a negligence action, claimants must establish that: (i) they were owed a duty of care, (ii) the duty was breached by the defendant, and (iii) the duty caused loss of a legally recognized kind. It will also be necessary for the claim to be ‘justiciable’, ie of a kind which is suitable for resolution in the courts. We consider justiciability in chapter 2 and the approach taken by the courts to determine a duty of care in chapters 3 and 4. In this chapter we examine the other elements of a negligence claim: namely, breach of duty, causation and damage.
Human Rights Act 1998
Authors: Cherie Booth QC , Squires Dan
Published: November 2023

The following chapter examines claims that can be brought under the Human Rights Act 1998 (HRA). The HRA makes it unlawful for a ‘public authority’ to breach the European Convention on Human Rights (‘the Convention’). The HRA accords to the victims of a breach of the Convention the right to pursue a claim against the offending public authority in the UK courts, when previously they were required to apply to the European Court of Human Rights in Strasbourg to vindicate their Convention rights.
Police
Authors: Cherie Booth QC , Squires Dan
Published: November 2023

The police are subject to a range of different legal controls. They have a general duty to uphold the law, and breach of this duty can, in principle, be enforced by way of judicial review proceedings brought by members of the public. If, in the course of enforcing the law, the police detain, arrest, or assault an individual without lawful justification, they can be held liable for the torts of false imprisonment or trespass to the person, and they may also be held liable for the tort of misfeasance in public office if they act maliciously and unlawfully in the purported performance of their duties.
Diagnostic Tests and Model Adjustments
Authors: Heij Christiaan , Boer Paul de , Franses Philip Hans , Kloek Teun , Dijk Herman K van
Published: November 2023

In this chapter we describe methods to test the assumptions of the regression model. If some of the assumptions are not satisfied then there are several ways to proceed.
‘ Think’
Authors: Dodgson Mark , Gann David , Salter Ammon
Published: November 2023

Introduction When Galileo pointed his telescope towards the sky, he became part of the rich history of the relationship between the instruments of science and scientific development. This chapter examines the role of IvT as a new form of instrumentation and scientific infrastructure, exploring its relationship with scientific and engineering thinking. IvT provides scientists, engineers, and researchers with instrumentation that enables them to explore ideas, conduct new types of experiments, and think in new ways about creating innovations in a cost-effective and quick manner. IvT increases the variety in the technological options available to firms. Through its ability to facilitate the collaborative production of knowledge and to represent knowledge in a more comprehensive manner, it brings science and the innovator closer together.
Justice and Employment: Moral Retribution as a Contra-subjugation Tendency
Authors: Folger Robert
Published: November 2023

The employment relationship has aspects amenable to notions about contracts (e.g. the mutual obligations of contracting parties), and this chapter on organizational justice and the employment relation reflects a contract-based perspective. In particular, fairness in honoring contracts extends beyond terms formally stipulated, touching upon implicit and assumed understandings as well.
Introduction
Authors: Jones Geoffrey
Published: November 2023

It is hard to imagine a world without Lux and Dove soap, Sunsilk shampoo, Impulse and Axe deodorants, Pond’s Cream, Mentadent toothpaste, Omo and Surf washing powders, Cif cleaners, Rama and Flora margarine, Iglo frozen foods, Lipton tea, and Ben & Jerry’s and Wall’s ice cream. It is almost as hard to imagine that they are produced by a single company. Yet this is the reality. These brands, which are familiar parts of the daily lives of tens of millions of people worldwide, are made and sold by Unilever, a unique global company whose origins lay in Britain and the Netherlands.
Heritage and Challenges
Authors: Jones Geoffrey
Published: November 2023

Unilever was an enormous business in the 1960s, and remained enormous three decades later, but its history was anything but static. The period was one of radical change, both for the company and its environment. These changes are often summed up using the word ‘globalization ‘, a vague concept interpreted by some as being a progressive force for economic progress and efficiency, and by others as a menacing and sinister threat. It was certainly not a new phenomenon. Accelerating flows of capital, trade, and people across borders had produced something akin to a ‘global economy ‘ before the First World War.
Rethinking Unilever, 1984–1990
Authors: Jones Geoffrey
Published: November 2023

Unilever embarked on a transformation in 1984. By 1990, although sales in constant prices were still much lower than in 1975, Unilever’s profits had increased rapidly. Its return on sales converged with its major international competitors, while its return on capital employed exceeded that of P & G for the first time since the 1960s. At the same time there was a remarkable surge in Unilever’s share price and market capitalization, which at times grew faster even than the market average and matched that of P & G.
Risk and Reward in Emerging Markets
Authors: Jones Geoffrey
Published: November 2023

Unilever was seen in a dynamic light in emerging markets. As rising incomes stimulated a growing demand for branded consumer products, Unilever benefited from its traditions of decentralization and flexibility to grow successful businesses. In country after country Unilever changed lifestyles by introducing new products and processes. It often served as a quasi-business school for managers, and recruited many of the brightest and best young people in each generation. A number of countries became fertile recruiting ground for Unilever’s most senior management, and emerging markets acquired a growing importance as a source of profit for Unilever.
Acquisitions and Divestments
Authors: Jones Geoffrey
Published: November 2023

Unilever pursued two alternative routes to expanding and enhancing the competitiveness of its business. It sought to grow organically through innovation and capital investment, and it bought—and sometimes sold— companies. From the late 1950s the pace of acquisition quickened, recalling the heady days after the First World War when Unilever’s predecessors had acquired numerous firms.1 Between 1965 and 1990 Unilever acquired around 540 companies, usually some ten to twenty each year until the mid-1980s, when the numbers increased to over fifty companies in some years. Unilever spent £6,600 million buying these companies, equivalent to 9,618 million in 1990 prices. In constant prices, the cost of acquisitions did not fluctuate greatly until the second half of the 1980s, when there was a huge surge in the amount of money spent on buying other firms.
Applicative Constructions
Authors: Peterson David A
Published: November 2023

This book presents the first systematic typological analysis of applicatives across African, American Indian, and East Asian languages. It is also the first to address their functions in discourse, the derivation of their semantic and syntactic properties, and how and why they have changed over time. Applicative constructions are typically described as transitivizing because they allow an intransitive base verb to have a direct object. The term originates from the seventeenth-century missionary grammars of Uto-Aztecan languages. Constructions designated as prepositional, benefactive, and instrumental may refer to the same or similar phenomena. Applicative constructions have been deployed in the development of a range of syntactic theories which have then often been used to explain their functions, usually within the context of Bantu languages. Dr Peterson provides a wealth of cross-linguistic information on discourse-functional, diachronic, and typological aspects of applicative constructions. He documents their unexpected synchronic variety and the diversity of diachronic sources about them. He argues that many standard assumptions about applicatives are unfounded, and provides a clear guide for future language-specific and cross-linguistic research and analysis.
Adjectives in Mam
Authors: England Nora C
Published: November 2023

Mam is the third largest Mayan language, spoken by over 600,000 people in the north-west highlands of Guatemala, as well as by several small communities in Mexico and by refugees or immigrants in the United States, Canada, and Mexico. It belongs to the Mamean branch of the eastern division of the Mayan language family. All of the data presented here are from San Ildefonso Ixtahuac.in, Huehuetenango.
Adjectives in Lao
Authors: Enfield N J
Published: November 2023

It has been suggested that in every language one may establish, on morphosyntactic grounds, a class of adjectives, which will be ‘distinct from noun and verb’ (Ch. 1 of this volume). The two distinct claims made here should not be confused or confounded. The first is that a class of words can be found for which the term adjective is appropriate. The second is that this class will be independent from the noun and verb classes. Evidence from Lao (south-western Tai, Laos) shows that support for the first claim does not necessarily provide support for the second.
The Transfer of Immovable Property
Authors: Carruthers Janeen M
Published: November 2023

In the closing decades of the twentieth century, English and Scots rules of choice of law were subjected to substantial remodelling. In the United Kingdom, whilst the underlying theory and processes of the subject have remained largely unchanged (archetypally, characterization of the cause of action, identification of the applicable law, proof and application thereof, and where appropriate, limitation of that law), in several branches of the subject significant changes have been wrought regarding the connecting factors to be applied.
The Economics of Telecommunications Regulation
Authors: Correa Lisa
Published: November 2023

This chapter is primarily intended as a work of reference, providing an overview of the economics of telecommunications regulation and summarizing the key economic regulatory concepts of the industry. While the focus is mainly on the economic regulatory developments in the UK, the conclusions and discussion should be relevant to all countries which are embarking or have embarked on telecommunications liberalization.
Overview Of Us Telecommunications Law
Authors: Lee Karen , Prime Jamison
Published: November 2023

This chapter focuses on the regulation of the provision of telecommunication services and the operation of telecommunication networks in the US, principally in the fixed, cable, and mobile sectors, but satellite regulation is briefly touched upon. The chapter begins by giving a brief history of US telecommunications regulation, and provides an overview of the numerous governmental bodies involved in the regulation of the US telecommunications market.
The Formal Characterization of Morphological Operations
Authors: Roark Brian , Sproat Richard
Published: November 2023

In this chapter we focus on the ways in which different languages encode information morphologically, with particular attention paid to the formal devices that are used. The point of this discussion is not merely to present a taxonomy but in addition to argue that all morphology can be understood in terms of a single regular operation, namely composition.
Machine Learning of Morphology
Authors: Roark Brian , Sproat Richard
Published: November 2023

There is a disconnect between computational work on syntax and computational work on morphology. Traditionally, all work on computational syntax involved work on parsing based on hand-constructed rule sets. Then, in the early 1990s, the “paradigm” shifted to statistical parsing methods. While the rule formalisms – context-free rules, Tree-Adjoining grammars, unification-based formalisms, and dependency grammars – remained much the same, statistical information was added in the form of probabilities associated with rules or weights associated with features. In much of the work on statistical parsing, the rules and their probabilities were learned from treebanked corpora; more recently there has been work on inducing probabilistic grammars from unannotated text. We discuss this work elsewhere.
The Investor as a Cultural Figure of Global Capitalism
Authors: Preda Alex
Published: November 2023

We see ourselves as small shareholders, as critical shareholders, as shareholders of ethical businesses, or of venture firms. We are against grand speculators, or dream of becoming one someday; we follow price movements every day, or only now and then, trade online, or go to a trusted broker, watch the news, look at price charts, discuss the market with friends, and so much more. Contemporary capitalism would not be the same without the investor.
Enterprise Risk Management and the Organization of Uncertainty in Financial Institutions
Authors: Power Michael
Published: November 2023

Since the mid-1990s, enterprise risk management (ERM) has emerged as a set of ideas for rethinking the organization of risk management activities. There has been a conspicuous growth of normative and technical texts on the subject of ERM (e.g. Barton, Shenkir, and Walker 2001; Walker, Shenkir, and Barton 2002; Lam 2003), which is also characterized by related motifs of ‘holistic’, ‘integrated’ (AIRMIC 1999; Doherty 2000), and ‘strategic’ risk management. The discourse of ERM, although still aspirational, is gaining ground in leading financial organizations.
Nothing but Net? Networks and Status in Corporate Governance
Authors: Davis Gerald , Robbins Gregory
Published: November 2023

The argument that corporate action is embedded in social networks has moved from critique to conventional wisdom in organization theory in just over a decade (Granovetter 1985). Organizational scholars have come to pay explicit attention to the causes and consequences of the various ties linking corporations, such as the interlocks created when corporations share directors.
Overview
Authors: Barrie MA Peter
Published: November 2023

This book describes the legal rules by which compensation for personal injury may be awarded in England and Wales. It is mainly written as a book of first reference for lawyers. It will not have the answers to all the difficult questions, but most cases met in practice are quite straightforward once one has convenient access to the relevant materials; and in the other few difficult cases it will perhaps help at least with finding the questions that the heavy books in the library will answer. I hope the book may also be helpful to others who are involved with compensation claims as advisers or insurers, and to injured people who may wish to present their own claims or to understand what their lawyers are talking about.
Nursing and Caring
Authors: Barrie MA Peter
Published: November 2023

The vast majority of accident victims receive NHS treatment in the immediate aftermath of an accident. Unless they have private medical insurance, the question of private treatment at a later stage does not usually arise except for elective treatment for which the delays and restrictions on NHS treatment may be unacceptable, and if liability is not in issue an interim payment may be obtained to cover the cost. Where private treatment has been funded by the injured claimant's private health insurance it is likely that the terms of the policy will enable the insurer to require the claimant to pursue the reimbursement of its outlay and, as with an employer's recovery of contractual sick pay advanced under suitable terms, recovery is generally allowed. At the time of final assessment however, there is a considerable increase in the scope of treatment for which the cost of private medical treatment is sought and awarded. Where treatment will be needed in the future, an estimate of the current cost is obtained and discounted by the multiplier in the Ogden Tables, Table 27 (at 23.26 above), for a specific period of deferment. However, the courts are strongly resistant-as in Cooke v United Bristol Healthcare noted below on care costs-to making an allowance beyond inflation for the widely accepted likelihood that medical costs will increase at a faster rate than the general rate of inflation reflected in the Lord Chancellor's Order fixing the rate of return for future multipliers at 2.5%.
Financial Losses and Expenses
Authors: Barrie MA Peter
Published: November 2023

A seriously injured claimant may be helped by a wide range of aids and appliances and the cost of these can be included in any claim. The sort of claim where this will be a significant topic is likely also to be the sort of claim for which an expert apprasial of care costs will be helpful, and the expert will help by identifying and costing aids which are appropriate to the needs of the claimant. The yardstick for recovery is whether an item is reasonably necessary to help the claimant to manage with the disability caused by the injury. In difficult cases, for example where the claimant is so disabled that his ability to benefit from particular aids is in doubt, it may be necessary to address the question of need through the medical experts. The range of aids and appliances has grown to be very full and in the case of computer aided or mechanical aids the cost is sometimes very great: an expense which is out of proportion to the benefit that will be derived from it may not be allowed.
Case Management
Authors: Barrie MA Peter
Published: November 2023

One of the key themes of Lord Woolf's reforms is that courts should carry out active case management. CPR r 1.4(1) (Blackstone's Civil Practice 2004 1314; hereafter Blackstone) requires that the court must further the overriding objective by actively managing cases and the extensive general powers of the court are set out in Part 3 (Blackstone 1326). The court does not need to depend on applications made by the parties, but can make an order of its own initiative and can do so without a hearing provided a party affected by the order has the opportunity to apply to have it set aside or altered and the order so provides (r 3.3, Blackstone 1327). Where hearings are necessary, they can be carried out by telephone rather than requiring personal attendance of all the parties at the court office.
Applications, Evidence, and Trial
Authors: Barrie MA Peter
Published: November 2023

After the defendant has responded to the claim by serving a defence, the next step will be an allocation decision. On allocating a case to the fast track the court will give standard directions and will try to deal with any further issues that arise before trial by considering matters on paper without the necessity for hearing. If a claim is allocated to the multi track, the court will fix a date for a case management conference when the whole range of case management directions will be considered and the court will take whatever steps are necessary to resolve the issues between the parties in a sensible, fair and proportionate manner. Rule 1.4(2)(i) (Blackstone's Civil Practice 2004 1315; hereafter Blackstone) requires the court to deal with as many aspects of the case as it can on the same occasion. A further opportunity for case management may arise at a later case management conference or pre trial review. Many of the case management issues that arise in the course of a case may be resolved in this way without the need for a specific application to be made. However, if one of the parties wishes to apply for an interim remedy or to ask the court to give specific directions at any stage of the case an application can be made. For example an application should be made if a party wishes to have permission to amend its statement of case, or wishes to obtain an order for specific disclosure, or an interim payment, or a variation in the directions that have been given about expert evidence.
Children and Patients
Authors: Barrie MA Peter
Published: November 2023

The legal system gives special protection to children and the mentally incapable. They must have the support of a competent adult in legal proceedings, and any compromise of a claim can only take effect if the court approves it as reasonable. The procedural rules which provide this protection are in CPR Part 21.
Procedure in community control of concentrations. Basic principles. Notifications
Authors: Varona Edurne Navarro , Galarza Andres Font , Crespo Jaime Folguera , Alonso Juan Briones
Published: November 2023

The procedure followed by the Commission, the notifying parties and other third parties that intervene in the proceedings and the decision-making process concerning concentrations with a Community dimension is principally contained in Regulation 139/2004 and Regulation 802/2004. Annexed to Regulation 802/2004 are the notification forms which the notifying parties must completeThe legal basis of Regulation 802/2004 is Article 23 of Regulation 139/2004.
Procedure In Community Control Of Concentrations: The Commission ‘S Handling Of Cases
Authors: Varona Edurne Navarro , Galarza Andres Font , Crespo Jaime Folguera , Alonso Juan Briones
Published: November 2023

The First Phase. Investigation. Inter- Service Consultations. Referrals Between Community and National Authorities. Adopting Decisions in the First Phase Commitments given in the first phase of the procedure: their legal status 13.24 The rights of the defence: the hearings of the notifying parties, of the other interested parties and of third parties. Limits on the participation in hearings 13.67 Consultation with the Member States: the Advisory Committee 13.84 Adoption of the decision by the College of Commissioners. Publication 13.91 Once the parties have notified the concentration the first phase of proceedings takes place. The first phase means the period of twenty-five working days within
Double-Loop Learning In Organizations A Theory Of Action Perspective
Authors: Argyris Chris
Published: November 2023

I began my work on organizational behavior by observing several puzzles. The Worst was that human beings created policies and practices that inhibited the electiveness of their organizations. Why did human beings create and maintain these policies and practices that they judged to be counterproductive? The second puzzle, human beings reported a sense of helplessness about changing these policies and activities because they were the victims of organizational pressures not to change them? How did human beings create organizational pressures that inhibited them from changing the phenomena they saw as counterproductive? Is it possible to help individuals and organizations to free themselves from this apparent self imposed enslavement? I begin my inquiry with an examination of how action is produced be it productive or counterproductive.
Indirect Effects
Authors: Scott Andrew , Hviid Morten , Lyons Bruce , Bright Christopher
Published: November 2023

The ‘indirect effects’ of a merger derive from the ability to coordinate prices and economic activity in two or more markets that are only indirectly related. That is, they are not directly related either horizontally or vertically. The concept of indirect effects embraces the terms ‘conglomerate effects’ and ‘port- folio effects’. There is no agreed distinction between these terms, though the term conglomerate effects is sometimes reserved for completely unrelated pro- ducts, while portfolio effects tends to be used for a range of products bought by the same customers.
Introduction: The Exceptional Character Of Some Mergers
Authors: Scott Andrew , Hviid Morten , Lyons Bruce , Bright Christopher
Published: November 2023

One of the key aims of the reforms introduced under the Enterprise Act 2002 was to limit the role of the Secretary of State in the UK merger control regime. For the vast majority of merger transactions this has been achieved. Mergers are considered first by the Office of Fair Trading, which itself will refer matters on to the Competition Commission where it believes that a substantial lessening of competition has arisen or is likely to arise on relevant markets. The Commission will then investigate further to confirm or reject the preliminary opinion of the Office of Fair Trading. Should it agree that harm to competition will ensue, the Commission will decide whether there are appropriate remedies that can be applied, or whether the merger must be prohibited. This two stage assessment of mergers, however, does not apply in all circumstances. The Enterprise Act and subsequent legislation provide for a number of exceptional situations in which different approaches will be adopted.
Intervention By The Secretary Of State: (Special) Public Interest Cases
Authors: Scott Andrew , Hviid Morten , Lyons Bruce , Bright Christopher
Published: November 2023

While removing the functions of the Secretary of State in general merger control, the Enterprise Act 2002 has retained the possibility of governmental intervention under particular circumstances: that is, where the Secretary of State perceives the relevance of a ‘public interest consideration’ to the merger in question.1 Even where the jurisdictional threshold tests are not satisfied, the perception of public interest considerations will see the authorities review a case as a ‘special merger situation’. These powers have not been used since their provision under the Enterprise Act.
The Future Of The Uk Merger Control Regime
Authors: Scott Andrew , Hviid Morten , Lyons Bruce , Bright Christopher
Published: November 2023

After several years of deliberation and reform of the regime of merger control in the United Kingdom it might be expected that the coming years will see a ‘settling down’ period in which practices are refined through experience. The broad potential for political influence to be exercised through the merger regime has been extinguished. This change has been reinforced by the statutory expres- sion of an explicitly competition-based test.1 In those narrow areas in which a role is left to the Secretary of State, action taken in pursuit of a wider public interest must be explicit, and in any event is tightly circumscribed. The formal recognition of the centrality of economic analysis to the assessment of merger transactions that these developments entail gives reason to be sanguine about the coherence of the UK merger control regime for the future. The wider goal of establishing a ‘world class competition regime’ has been much furthered by these reforms.
When the Bottom-up Resource Allocation Process Fails
Authors: Sull Donald N
Published: November 2023

A core tenet of strategy process research is that strategy results from a series of actions and decisions taken over time rather than a single ‘big bet’ at a given point in time (Bower 1970; Mintzberg 1978; Burgelman 1983c; Mintzberg and McHugh 1985; Mintzberg and Waters 1985). In a large, complex organization, these decisions generally emerge from lower levels in the organization (Bower 1970; Mintzberg 1978; Burgelman 1983c; Pascale 1984; Mintzberg and Waters 1985; Noda and Bower 1996).Although these studies have been characterized as largely descriptive (Lovas and Ghoshal 2000: 892), there are sound theoretical reasons to conceive a distributed, bottom-up process to be a mechanism capable of overcoming the challenges posed by bounded rationality and dispersed knowledge (Simon 1945).
No Exit: The Failure of Bottom-up Strategic Processes and the Role of Top-down Disinvestment
Authors: Sull Donald N
Published: November 2023

Scholars in the field of strategic management have extensively studied how organizations initiate new activities such as acquisitions, inter- national expansion, or investment in new technology. Researchers have devoted far less attention, however, to studies of organizational exit from existing operations (Ross and Staw 1993; Burgelman 1996). Much of the research on exit focuses on how organizations that get out of a business altogether through strategic business exit (Burgelman 1994, 1996), divestiture of businesses within a diversified portfolio (Gilmour 1973; Hoskisson, Johnson, and Moesel 1994), or de-escalation of commitment from a new strategic initiative (Ross and Staw 1993). This research, in contrast, addresses the process of disinvestment whereby organizations remove resources from an ongoing business. Disinvestment entails the reduction of productive capacity such as closure of factories, retail bank branches, local offices, or hospitals without exiting the business altogether.