bluuebunny/crossref_metadata_2025 huggingface dataset:
Orders for Sale
Authors: Miller Gareth
Published: November 2023

There are a number of circumstances in which a creditor may seek an order for sale of the family home of the debtor. When a person is in financial difficulties a secured creditor such as a mortgagee of the family home will usually resort to his remedies as a mortgagee and seek an order for possession of the mortgaged property with a view to a sale. This was considered in Chapter 4. If the mortgagor becomes bankrupt then the mortgagee will usually choose to rely on his security, but if there is a significant equity in the property, then the mortgagor’s trustee in bankruptcy may seek an order for the sale of the property with the mortgage being discharged out of the proceeds of sale and the balance becoming available for unsecured creditors.
Bankruptcy
Authors: Miller Gareth
Published: November 2023

In everyday language insolvency and bankruptcy may be used as interchangeable terms, but there is an important distinction to be drawn. Insolvency refers to a state of affairs in which an individual debtor is unable to discharge his financial obligations. This may be said to exist when his liabilities exceed his assets or when he is unable to discharge his obligations when they become due. Bankruptcy, on the other hand, is a legal status imposed by an order of the court. Insolvency will not necessarily lead to bankruptcy and there are other ways of dealing with the problems associated with that state of affairs.
Alternative Methods of Dealing with Insolvency
Authors: Miller Gareth
Published: November 2023

The fact that a person is insolvent does not necessarily mean that bankruptcy is inevitable. There are a number of ways in which a debtor may obtain some relief from the pressure of his creditors while avoiding bankruptcy. The most obvious way is by reaching an agreement with his creditors without involving the formal procedure of an application to a court. Such informal agreements are likely to save the costs that would be incurred in a formal procedure and which would reduce the assets available for the creditors. However, if all the creditors are not prepared to co-operate then it will be necessary to turn to a procedure which will enable the wishes of the majority to prevail.
The Effect of Insolvency on Prior Transactions
Authors: Miller Gareth
Published: November 2023

An obvious way of protecting assets from the claims of creditors or potential creditors is to transfer assets to another in whose hands the transferor may continue to enjoy their benefit. There has long been statutory provision to enable the effect of such transfers to be reversed for the benefit of creditors in certain circumstances. The need for such provisions is clear when the transferor’s marriage is on going as the likely benefit to him of a transfer into his wife’s name is obvious. However, even when the marriage has broken down the impact of such provisions is important even though the transferor may appear to derive no benefit personally. Property may have been transferred by a husband, usually to comply with an order of the court in discharge of his obligations to his family and/or by way of an appropriate division of assets between the spouses. The claims of the transferor’s family are thus brought into conflict with those of his creditors.
Equitable Accounting and the Equity of Exoneration
Authors: Miller Gareth
Published: November 2023

The general principle is that only the debtor’s property can be reached by his creditors. Thus the debtor’s spouse is entitled to retain her own property and in the event of a sale of joint property to satisfy the husband’s creditors she is entitled to receive her share of the proceeds of sale. This assumes that her property or her share in jointly owned property is easily identifiable, but this will not always be the case. She may find it necessary to establish that she has acquired a beneficial interest in property vested in her husband’s name by relying on the principles of resulting trust, constructive trust, or proprietary estoppel.
Social Identity Theory and the Organization
Authors: Ashforth Blake E , Mael Fred
Published: November 2023

Organizational identification has long been recognized as a critical construct in the literature on organizational behavior, affecting both the satisfaction of the individual and the effectiveness of the organization (Brown, 1969; Hall, Schneider, & Nygren, 1970; Lee, 1971; O’Reilly & Chatman, 1986; Patchen, 1970; Rotondi, 1975). However, as discussed below, theoretical and empirical work has often confused organizational identification with related constructs such as organizational commitment and internalization and with affect and behaviors, which are more appropriately seen as antecedents and/or consequences of identification.
The Right to Wages
Authors: Brodie Douglas
Published: November 2023

It is not surprising to discover that the courts view the employer’s obligations 6.01 in respect of payment of wages as a key element of the employment contract: ‘In reality it is difficult to exaggerate the crucial importance of pay in any contract of employment. In simple terms the employee offers his skills and efforts in exchange for his pay: that is the understanding at the heart of the contractual arrangement between him and his employer.’1 As a consequence a unilateral imposition by an employer of a reduction in the remuneration of an employee would amount to a fundamental breach of contract.2
Custom and Practice
Authors: Brodie Douglas
Published: November 2023

The terms of the employment contract may be derived, to a greater or lesser 9.01extent, from custom and practice. A practice in the relevant trade or industry, or geographical area, may be incorporated on the basis that it is reasonable, certain, and notorious.1 This formula is not particular to the law of the employment contract but is simply the conventional test, applied in a variety of contexts, for the establishment of binding custom.
Variation of the Employment Contract
Authors: Brodie Douglas
Published: November 2023

Because of the ongoing nature of the employment relationship, the issue of 13.01 variation is very often far from a theoretical one. On general principles the contract of employment can be varied by mutual agreement.1 Frequently matters will not be problematic. For instance, the employee who is promoted will find that his other terms and conditions continue as before, unless something is said to the contrary.2 Of late, it has become apparent that the question of variation within the employment context is no longer to be addressed simply by application of the traditional rules.3
Stakeholder strategies and actions
Authors: Friedman Andrew L , Miles Samantha
Published: November 2023

The literature on stakeholder actions is vast and covers numerous subjects within law (shareholder resolutions and divestitures), marketing (boycotts and strategic alliances), ecology (direct activism and strategic alliances), Wnance (SRI, constructive dialogue, and screening), and industrial relations (labour strikes). Actions and the literature on those actions long predate the construction of them as stakeholder types of actions or strategies. Groups of employees, consumers, or suppliers would rarely have thought of themselves as acting to influence organizations as one group among others, except as against managers and possibly shareholders or the government.
The stakeholder concept and fields of management thought
Authors: Friedman Andrew L , Miles Samantha
Published: November 2023

The stakeholder concept is popular with management theorists and has influenced several management disciplines. Theory development, academic debate, and management education are influenced by managerial practice and therefore a review of theory development can indicate future directions in management thought and action. At the time of writing (May 2005), a simple search in Ingenta, the social science electronic catalogue, returned 1,678 academic articles with title, keyword, or abstracts containing the word stakeholder.
Adjectives in Papantla Totonac
Authors: Levy Paulette
Published: November 2023

Papantla Totonac (PT) is spoken by about 80,000 speakers in the region around the town of Papantla, in the Mexican state of Veracruz. PT belongs to the Totonac Tepehua family of languages, systematic reconstruction of which has not been undertaken.’ It is provisionally agreed that there are at least four varieties of Totonac (Northern, Sierra, and Misantla, in addition to Papantla). One of the features in which they differ is in the degree of syntactization of adjectives.
Board Structure, in Particular the Role of Non-Executive and Supervisory Directors
Authors: Davies Paul
Published: November 2023

This chapter identifies the defects in governance which are perceived in the United Kingdom to have underlain the demise of Enron and other companies in the United States and to analyse the responses on the part of the UK authorities. It analyses in particular the strengthening of the Combined Code of Corporate Governance and the nature of the (unsuccessful) opposition on the part of British management to those proposed reforms. It contrasts that strengthening of the ‘soft law’ of corporate governance with a significant shift towards the use of mandatory legislative rules in the area of directors’ remuneration, albeit in pursuance of the traditional policies of disclosure and shareholder approval.
Prologue
Authors: Hinzen Wolfram
Published: November 2023

An earlier book of mine on mind design (Hinzen 2006a, henceforth referred to as MMD, for ‘Minimal Mind Design’) was dedicated to the pursuit of the naturalization of semantics on a novel, ‘internalist’ course. It consisted in reversing the traditional strategy that this naturalization enterprise had taken ever since the work of W. V. O. Quine and B. F. Skinner. That latter tradition aims to account for the semantic in terms of the non-semantic, and in particular in terms of external relations between expressions (or neurological configurations), on the one hand, and mind-external things in the world that pass the filter of metaphysical ‘physicalism’, on the other (where physicalism is the doctrine that only what is physical is real). In a thoroughly non-reductive spirit, by contrast, the internalist stance I defended in MMD grounded semantics in mental structures in our organism that, while formally described, provide a necessary structural skeleton for linguistic meaning to emerge in these structures. Put differently, the syntax of natural language expressions is intrinsic to their semantics.
The Telecommunications Regime In The United Kingdom
Authors: Angel John
Published: November 2023

In a sense the beginning of telecommunications in England started in 1660 when King Charles II was restored to his thrones in England and Scotland. He was acutely mindful that his father had lost his head in painful circumstances and wanted to retain his throne. To maintain his position as king he needed to forestall a new Great Rebellion; therefore he needed to know who was writing letters to whom, what people were saying about events, and what people were saying about him.
Access And Interconnection
Authors: McCormack Emma
Published: November 2023

For the purposes of this chapter, and under the European Union’ s Access Directive,1 the term ‘ access’ encompasses all kinds of arrangements under which an operator or service provider acquires services from another operator in order to enable it to deliver services to its own customers. ‘ Interconnection’ is a type of access right.2 At its most basic level, interconnection involves the physical means of linking two different networks for the exchange of traffic, so that users on one network may communicate with users on the other.
Telecommunications Contracts: Outsourcing
Authors: Sinclair Michael
Published: November 2023

Outsourcing has recently come to mean sourcing externally anything that would otherwise have to be provided internally in order to support business operations. However, the traditional conception of an outsourcing is somewhat narrower than this contemporary meaning. It connotes two elements: the transfer out of the business of some kind of infrastructure into the new outsourced service provider; and the provision by the new outsourced service provider of some kind of service back to the business.
Content Regulation
Authors: Higham Nicholas
Published: November 2023

This chapter discusses the regulation of content and content services carried over any type of electronic communications network, whether it is a wired or wireless network, or a terrestrial or a satellite broadcasting system, and whatever the format or protocol used in encoding and delivering the information of any kind. By content, we mean primarily voice, data, and audio-visual entertainment, although the definition under the Communications Act 2003 is wider than that.
Telecommunications Reform In Developing Countries
Authors: Buckingham Ann , Bustani Camilla , Satola1, David , Schwarz Tim
Published: November 2023

Significant reform has occurred in the telecommunications sectors of developing countries over the past 15 years. Governments have established new regulatory regimes and institutions, corporatized and privatized their state-owned telecommunications operations, and liberalized markets by issuing operating licences to new entrants. Many developing countries have undertaken some or all of these reforms; a sizeable number are only just beginning. The downturn in the global telecommunications sector that began in 2000 had a substantial impact on the developing world, both changing the competitive landscape and influencing the types of transaction that took place.
The Relevance of Computational Issues for Morphological Theory
Authors: Roark Brian , Sproat Richard
Published: November 2023

For many decades a central debate in the theory of morphology has been whether morphology is best thought of in terms of constructing a complex form out of small pieces, usually called morphemes, which are roughly on a par with each other; or, alternatively, as involving base forms (stems, or roots) modified by rules. Hockett (1954) termed these two approaches “item-and-arrangement” versus “item-and-process”.
Basic Context-free Approaches to Syntax
Authors: Roark Brian , Sproat Richard
Published: November 2023

Above finite-state languages in the Chomsky hierarchy come the context-free languages, which cannot be described using finite-state models. In this chapter, we will explore approaches to syntax making use of context-free grammars, which are able to model syntactic dependencies more effectively, though at a very significant efficiency cost.
Context-sensitive Approaches to Syntax
Authors: Roark Brian , Sproat Richard
Published: November 2023

Just as context-free grammars describe languages that cannot be described with finite-state grammars, context-sensitive grammars go beyond what can be described with CFGs, though again at an efficiency cost. In this chapter, we will describe a number of computational approaches to syntax that go beyond the context-free models that we have described in the last chapter.
The Values of Bureaucracy: An Introduction
Authors: Gay Paul du
Published: November 2023

The demise of bureaucracy has been anticipated, and demanded, many times throughout the history of management thought, as well as in modern social and political theory. However, despite the scorn regularly heaped upon it, bureaucracy, both as an organizational ideal and as a diversely formatted organizational device, has proven remarkably resilient. Reports of its death have turned out to be some­ what premature. Despite the dramatic claims of certain prominent contemporary management gurus and social theorists that the end of the bureau is once again nigh (Castells 2000; Giddens 1998; Heckscher and Donnellon 1994; Leadbeater 1999; Peters 1989), there remain plenty of reasons to be cautious.
Grounds For Liability
Authors: Barrie MA Peter
Published: November 2023

This chapter considers the grounds on which liability may be established in a civil claim for damages. In legal jargon the grounds are known as the causes of action. The chapter is necessary because the law does not simply allow a claim to succeed when the judge thinks that it would be fair to allow it. Instead, a claimant must show that the circumstances of his claim fit in with established categories where claims have been allowed in the past, or which fit in with circumstances established by Parliament.
Employers' Liability
Authors: Barrie MA Peter
Published: November 2023

An employer owes a range of common law duties to his employees in the law of negligence. It has been traditional to categorize these duties under four headings, requiring the provision of safe fellow employees, safe equipment, a safe place of work and a safe system of work. All of these duties arise in the law of negligence and they are therefore examples of a duty to take reasonable care to protect against any foreseeable risk of injury.
Defective Products
Authors: Barrie MA Peter
Published: November 2023

Where an injury is caused by a defective product there are three potential grounds for establishing a right to compensation. First, a defect will probably have been a breach of contract and the purchaser can claim against the seller for this breach. Damages for an injury caused by a breach of contract would be assessed in the same way as a claim in tort. Secondly, there may be a remedy in tort. The classic case of Donoghue v Stevenson [1932] AC 562 was a claim in the tort of negligence brought by the person who drank, but did not buy, the ginger beer, against the company which made and bottled it and delivered it in an opaque bottle which prevented inspection of the contents. Thirdly, the Consumer Protection Act 1987 may create strict liability where personal injury or property damage has been caused as a result of a defect in a product. This Act was introduced to comply with a 1985 European directive on product liability, following a path marked out by the United States.
The State of Land and Buildings
Authors: Barrie MA Peter
Published: November 2023

The Occupiers' Liability Act 1957 begins with a statement that its rules 'shall have effect, in place of the rules of the common law, to regulate the duty which an occupier of premises owes to his visitors in respect of dangers due to the state of the premises or to things done or omitted to be done on them' (s 1(1)). The rules of the common law which were replaced by the 1957 Act comprised a complex and technical range of duties which varied according to the purpose for which a person had come onto another's premises. There were anomalies and inconsistencies which made the law unfair. The purpose of the Act was to bring the law in this area into line with the developing law of negligence. This alignment is found in the common duty of care owed under the Act by the occupier of premises to all visitors on the premises.
Animals
Authors: Barrie MA Peter
Published: November 2023

The law concerning liability for injury caused by animals is a compromise between two conflicting interests. The behaviour of animals, however tame, cannot always be controlled and may result in injury to others who are blameless. It is reasonable keep an animal, whether as a pet or for agriculture, and yet it is not reasonable to expect that such animals will be kept so closely confined and controlled as to eliminate all risk of injury to others. With the types of animal commonly kept in Britain, whether as pets or for agriculture, people can be expected to know and to cope with the usual and predictable ways that animals behave. The principles of the law reflect this. Broadly, the keeper of an inherently dangerous animal keeps it at his peril and is strictly liable for any injury that the animal may cause. But the keeper of a domesticated animal is not liable for an injury it may cause unless he has been negligent, or there are special reasons for him to believe that the individual animal might be unusually dangerous.
Inquests
Authors: Barrie MA Peter
Published: November 2023

After an accident which has resulted in a death, an inquest is likely to be held by the coroner, and this provides a useful means of discovering the facts surrounding the accident.
Compensation Payments
Authors: Barrie MA Peter
Published: November 2023

This chapter gives a brief overview of the different types of compensation payments that may be available to an injured person.
Injury Damages
Authors: Barrie MA Peter
Published: November 2023

To a philosopher it is impossible to use a sum of money to make good a physical injury. But the difficulty of assessment does not mean that no damages should be awarded. The law provides that a fair and just award of compensation is one that is consistent with the awards that have been made to other victims for their injuries.
Investment Advice
Authors: Barrie MA Peter
Published: November 2023

A lump sum award of damages to a badly injured claimant will put into his hands a large sum of money which is assessed on the basis that it will be sufficient to provide for his needs for the rest of his lifetime. Most claimants will be inexperienced in managing large sums, and will need help. In the management of their day to day practical needs, the reasonableness of appointing a case manager has achieved widespread acceptance for claimants who cannot manage their own affairs. This has become a common feature of claims for seriously injured claimants and the award of damages on a multiplier basis for this purpose is often agreed. Why should the same not apply to the need for sound financial advice?
Interim Payments
Authors: Barrie MA Peter
Published: November 2023

The process of claiming damages can take a long time. Lawyers are often blamed for this. Sometimes the accusation is just, but sometimes there are good reasons for delay. In particular, some injuries require prolonged treatment with an uncertain outcome, and the final extent of recovery cannot be ascertained until some time has passed. Since a final lump sum award cannot be altered subsequently in the light of events, it would be unjust to make a final assessment of damages before the true extent of the injury has become clear. Where liability is not disputed it would be very harsh if the claimant could not obtain some money on account. Lost wages may have to be paid so that the mortgage is kept up to date, and funds may be required for medical treatment. None the less, in simple cases where there is no medical reason for delay, the court will often prefer to arrange an early assessment date rather than accept the inevitability of delay and order an interim payment.
The Civil Procedure Rules
Authors: Barrie MA Peter
Published: November 2023

This chapter provides an outline of some key provisions of the CPR. Space does not permit the inclusion of the full text of the rules and Practice Directions, but commentary is no substitute for a careful study of the original text and cross references have therefore been included to the relevant passages in Blackstone's Civil Practice 2004 (hereafter Blackstone). The current version of the CPR can also be accessed at. This narrative should not be thought sufficient on its own: its purpose is to direct readers to the relevant sources where the answers will be found.
Disclosure
Authors: Barrie MA Peter
Published: November 2023

The obligation to disclose all relevant documents to the other side and to the court, whether they help or hinder a person's case, is a central feature of civil litigation. The Civil Procedure Rules do not weaken this obligation, but they do seek to limit the scope of disclosure to what is readily available or really needed and therefore to keep the cost and time devoted to disclosure proportionate to the needs of the case. The rules also make it explicit that the duty of disclosure continues throughout the life of a case and does not end with the completion of inspection.
Experts
Authors: Barrie MA Peter
Published: November 2023

An expert is a witness who, because of his special knowledge and experience, is entitled to give the court admissible evidence of his own opinion on a matter in dispute. An ordinary or 'lay' witness is not allowed to express his opinion, but should only give evidence about the facts. There are no specific rules which define the qualification of an expert to be regarded as such, but the proposed expert must have a high degree of specialist skill and knowledge in the particular subject, and it must be knowledge which the court does not otherwise have: so, for example, expert evidence is not admissible on the credibility of witnesses or on matters of English law. The area in which the expert witness is entitled to express an opinion is the area of his expertise and opinions which the expert may express in passing about the law, the facts, or the other aspects of the case should carry no weight.
Costs
Authors: Barrie MA Peter
Published: November 2023

The central principle about liability for costs is that the unsuccessful party will be ordered to pay the costs of the successful party. This general rule is restated in r 44.3(2) (Blackstone's Civil Practice 2004 1706; hereafter Blackstone). However the CPR have introduced greater flexibility, and therefore uncertainty, both as to the question where liability for costs will fall and as to the amount that will be ordered to be paid. Costs are a matter of discretion, but the discretion must be exercised judicially, on proper grounds relevant to the facts of the case.
The Physiognomy Captured and Lost in a Book
Authors: Porter Martin
Published: November 2023

The aim of this is chapter is to carry out a basic philological examination of the words that make up the physiognomical aphorisms found in these ‘books on physiognomy’. In so doing I shall stress that it is in terms of the epistemological debate about the nature of the so-called ‘natural language’ of physiognomy which they represented that any philological approach has to be carried out. The many evident disagreements among the aphorisms make it impossible to establish with any scientific accuracy what any particular feature always meant. Moreover, the changes they underwent over time are best explained by reference to the internal hazards involved in textual transmission. Some of the more intriguing aphorisms refer to a particular historical personage.
Goal Setting Theory Theory Building By Induction
Authors: Locke Edwin A , Latham Gary P
Published: November 2023

Life is a process of goal-directed action. This applies both to the vegetative level (e.g., one’s internal organs) and to the level of purposeful choice (Locke and Latham, 1990). The conscious mind is the active part of one’s psychology; one has the power to volitionally focus one’s mind at the conceptual level (Binswanger, 1991; PeikoV, 1991). Volition gives one the power to consciously regulate one’s thinking and thereby one’s actions. Goal setting theory (Locke and Latham, 1990, 2002) rests on the premise that goal-directedness is an essential attribute of human action and that conscious self-regulation of action, though volitional, is the norm.
Do employee attitudes towards organizations matter? The study of employee commitment to organizations
Authors: Porter Lyman W , Steers Richard M , Mowday Richard T
Published: November 2023

The late 1960s and early 1970s in the United States were both turbulent and tranquil. Campus unrest over the war in Vietnam and civil rights wreaked havoc across many college campuses as students, and sometimes faculty, picketed, struck, and otherwise protested situations that they thought were both unjust and unfair.
Developing theory about the development Of theory
Authors: Mintzberg Henry
Published: November 2023

I have no clue how I develop theory. I don’t think about it; I just try to do it. Indeed, thinking about it could be dangerous: The centipede was happy quite Until a toad in fun Said, ‘‘Pray, which leg goes after which?’’ That worked her mind to such a pitch, she lay distracted in a ditch Considering how to run. (Mrs Edward Craster, 1871) I have no desire to lay distracted in a ditch considering how to develop theory. Besides, that’s the work of cognitive psychologists, who study concept attainment, pattern recognition, and the like, but never really tell us much about how we think.
The Twenty-First-Century Consumer Society
Authors: Fitchett James
Published: November 2023

The main objective of this chapter is to critically evaluate some of the prospects for the twenty-first-century consumer society. As the discussion progresses a number of possible future scenarios are introduced and evaluated. The goal is not to present a coherent series of projections of the future that could be used, for example, as part of some sort of planning process. Interesting and captivating as these often are, the chapter instead emphasizes the fictional and constructed nature of futuristic accounts of consumer society. The future is both unknowable and unavoidable. Despite this obvious truism, marketers and business professionals have a peculiar and definite interest in the future. We might say that the ability to accurately predict future trends in consumer behavior or to foresee the next generation of new product developments constitutes the modern elixir of management.
Marketing Communications Trends in the Emerging Global Marketplace
Authors: Hennessey H David
Published: November 2023

Managing the communications process for a single market is no easy task. However, the task is even more difficult for global marketers, who must communicate to prospective customers in many markets. In the process, they struggle with different cultures, habits, and languages. This chapter describes the marketing communications trends in the emerging global marketplace, focusing on marketing communications in multiple countries. It examines the opportunities and challenges of global advertising, personal selling, and global account management. New methods of sales promotion are discussed, and the effects of new communications media, such as the Internet and the World Wide Web, satellite TV, online advertising channels, cable TV, and mobile devices on global marketing operations are explored. In short, this chapter highlights emerging trends in marketing communications for global marketers in both business-to-consumer and business-to-business contexts.
Integrated Marketing Communications and the Emerging Role of the Website
Authors: Gruen Thomas W
Published: November 2023

The emergence and widespread use of the Internet for both consumer and business commerce has fundamentally changed the organization of marketing communications. Historians compare this change with the emergence of other major new media, such as television, which allowed marketing communications to reach a mass audience, thus providing broad-based consistent messages about the features and benefits of a marketplace offering. However, unlike other new media that have provided marketers the ability to utilize the new channel to distribute messages and even conduct commerce (e.g. direct marketing and telemarketing), the world of e-commerce and the emergence of the unparalleled tool we call the Internet, transcends all of the previous media additions. In this chapter, I argue that the central organizing mechanism for communications has—or must become—the organization’s website. When one speaks of the notion of Integrated Marketing Communications (IMC), I suggest that the central integrating point—that is, the ‘command center’ for communications—must migrate to the organization’s website.
Marketing Communications in a Postmodern World
Authors: Firat A Fuat , Christensen* Lars Thøger
Published: November 2023

Although relatively new, the subject of postmodernism has evoked considerable debate and discussion in the field of marketing (Brown 1993b; Firat and Dholakia 1998; Firat and Venkatesh 1995; Firat et al. 1993/1994; Holbrook 1993; Ogilvy 1990; Sherry 1991). With few exceptions (Christensen, Torp and Firat 2005; Proctor and Kitchen 2002), however, only little of this debate is reflected in the subfield of marketing communications. The aim of this chapter is to apply insights and perspectives from discussions of postmodernity to marketing communication phenomena so as to demonstrate that the conditions for communication in today’s world are radically different from what they used to be.
Hypermodernity and the New Millennium: Scientific Language as a Tool for Marketing Communications
Authors: Arnould Eric J , Tissier-Desbordes Elisabeth
Published: November 2023

Twenty years of scholarship exploring the illuminating potential of the idea of postmodernity has left its mark on sociological thinking about marketing and consumption (Brown 1995; Cova 1996; Firat et al. 1995; Firat and Venkatesh 1995). But now a new concept—hypermodernity—may help us explicate some apparently contrary trends in the practice of marketing communications. Proponents of postmodernism in marketing focus on the conditions of postmodernity, and especially of marketing and consumption that constitute a rejection of the tenets of modernity (see Chapter 11). In opposition, the proponents of hypermodernity assert that key aspects of the modernist social project continue, while some tenets of modernity retain their sign value for consumers even if their commitment to and understanding of their substance has eroded. For example, an understanding of hypermodernity requires a consideration of its relation- ship to science and scientific discourse, which modernists, postmodernists, and hypermodernists alike agree had been central to the projects of the modern era.
The Role of Strategy Making in Organizational Evolution
Authors: Burgelman Robert A
Published: November 2023

A narrow, technical view of strategy involves using resources and deploying capabilities to achieve objectives and to prevail in competition. A broader organizational view includes making a rational determination of a company’s purposes and vital interests that are essential to its continued survival as an institution. In this view, strategy involves external and internal forces that have the potential materially to affect a company’s destiny. Adopting an evolutionary theoretical perspective to study how strategy comes about and what its role is in shaping a company’s destiny focuses on strategy making as an organizational process2 and raises several important questions not readily contemplated by other perspectives. For instance: What strategy-making processes produce survival-enhancing strategic change? How do generic and substantive corporate strategies co-evolve? How do strategy process and strategy content co-evolve?
Cyprus
Authors: Fitzpatrick D , Anderson M
Published: November 2023

Cyprus was a UK colony from 1878 until 1960 when it became an independent State. As a result of colonization, many aspects of the Cypriot legal system are based on the British legal system. Thus, the legal framework of Cypriot maritime law, within which many of the rights of seafarers are contained, is based on the British Merchant Shipping Acts 1894 to 1954. Also, in anticipation of the accession of Cyprus to the European Union (EU),1 recent years have seen the introduction of much new legislation towards harmonization of laws with relevant EU standards. Cyprus is a member of both the ILO and the IMO and has ratified many of the major international Conventions relevant to seafarers.2
Philippines
Authors: Fitzpatrick D , Anderson M
Published: November 2023

As an archipelago consisting of approximately 7,107 islands, the Philippines considers the maritime industry a vital component of economic progress, and views shipping as a means of achieving national unity by bridging the cultures of the various islands. Shipping remains the major means by which islands are connected and by which transportation of cargo and people is achieved. The Philippines is a major contributor to international shipping primarily in its capacity as a crewing State, providing over 20 per cent of the world’s supply of seafarers on foreign flag vessels. There are over 500,000 registered Filipino seafarers, and the Philippine Overseas Employment Administration (POEA), an office under the Department of Labour and Employment (DOLE),1 reported that 209,593 seafarers and other seabased workers were deployed overseas in 2001.2
Russia
Authors: Fitzpatrick D , Anderson M
Published: November 2023

Russian coasts are washed by two oceans, Arctic in the North and Pacific in the East. As a consequence, the merchant fleet has a very substantial role in the Russian economy, including foreign trade. Dissolution of the former Soviet Union, followed by recession in the Russian economy during transition to market rules, inevitably resulted in a decrease both in the number of ships, and in the gross tonnage of the Russian merchant marine fleet.2 Nevertheless, Russia remains within the top 20 leading registered merchant fleet countries of the world,3 and is within the top 20 leading countries with regard to nationality of owners of merchant ships.4 A considerable number of ships belonging to Russian owners are registered abroad.5 Russia is also within the top 10 labour supply countries. In 2000, its share in world seafaring manpower consisted of over 55,500 seafarers.6
South Africa
Authors: Fitzpatrick D , Anderson M
Published: November 2023

South Africa’s significance in world shipping, historically and to the present day, is its geographical location. The position of South Africa, midway between Europe and the East, led to the establishment in 1652 by the Dutch East India Company of a victualling station in the Cape of Good Hope to service Dutch merchants trading to the East Indies. One of the many influences of this occupation was the application of Dutch law in South African law, with its strong Roman law roots. In 1806, the Cape of Good Hope was occupied by the British and declared a British Colony. Natal followed suit, being annexed by the British in 1843. The change in governance saw the introduction of English admiralty law alongside existing Roman-Dutch law. Thus, both the Dutch and the British systems have influenced the judicial system of South Africa which is based on Roman-Dutch law and English common law.
Real Convergence and EMU Enlargement: The Time Dimension of Fit With the Euro Area
Authors: Begg Iain
Published: November 2023

Constitutionally, the new member states from east central Europe, like Sweden, have no choice about becoming full members of the Euro Area. They did not do so on joining the EU in 2004 only because the standard Maastricht conditions have to be fulfilled before they are eligible. Formally, therefore, they have derogations, with a trajectory for becoming members that has effectively been translated into a minimum two year participation in ERM II and a clear procedure to be followed (see ECB 2004). In practice, as the Swedes have demonstrated, it is possible to postpone membership indefinitely if political or economic priorities dictate otherwise, and it is already evident that there are conflicting perspectives on the matter. Some new members, such as Slovenia (which will join in 2007) and Lithuania, want to accede at the earliest opportunity, while others—notably the Czechs—have signalled that they prefer to wait. Hungary initially seemed keen to join quickly, but has since back-tracked
The strategic management question and the emergence of resource-based theory*
Authors: Barney Jay B , Clark Delwyn N
Published: November 2023

The field of strategic management, like other social science disciplines, is organized around a central research question. That question is: ‘Why do some firms persistently outperform others?’ This question does not presume that there will always be persistent performance differences between firms. Sometimes firms do not outperform others; sometimes performance differences are short lived. Rather, this question only suggests that it may be the case that, in some situations some of the time, persistent performance differences will exist between firms. It is these differences in firm performance that strategic management scholars seek to understand. At the broadest level, two explanations about why some firms persistently outperform other firms have been developed in the literature. The first, and older of the two, was originally articulated by Porter (1979, 1981) and draws heavily on the structure-conduct-performance (SCP) paradigm in industrial organization economics (Bain 1956). This explanation focuses on the impact that a firm’s market power has on the ability of a firm to raise prices above a competitive level (Porter 1981). If entry into industries where firms are exercising market power is restricted by various barriers, then these performance differences can persist (Bain 1956). This chapter draws from Peteraf and Barney (2003) and Barney and Arikan (2001).
Resource-based theory and vertical integration*
Authors: Barney Jay B , Clark Delwyn N
Published: November 2023

In a world of corporate refocusing, downsizing, and outsourcing, one of the most critical strategic decisions that senior managers must make is determining their firm’s boundary. Questions such as, ‘Which business activities should be brought within the boundary of the firm?’ and, ‘Which business activities should be outsourced and managed through some form of strategic alliance?’ and, ‘Which business activities should be outsourced and managed through some form of “arm’s-length” market process?’ are all essential in determining a firm’s boundary. Firms that bring the wrong business activities within their boundaries risk losing strategic focus and becoming bloated and bureaucratic. Firms that fail to bring the right business activities within their boundaries risk losing their competitive advantages and becoming ‘hallow corporations’ (Jones 1986; Postin 1988). Fortunately, there is a well-developed approach for determining a firm’s boundary in the field of strategic management and organizational economics. Called transactions cost economics, TCE, (Williamson 1975, 1985), this theory specifies, in some detail, the conditions under which firms will want to manage a particular economic exchange within their organizational boundary, the conditions under which firms will want to manage an exchange through some form of strategic alliance, and the conditions under which firms will want to manage an exchange through some form of market contracting. Moreover, not only is this theory well developed, it is also remarkably simple. Indeed, in its most popular version, this theory requires managers to consider only a single characteristic of an economic exchange—the, This chapter draws from Barney (1999).
Legal and Regulatory
Authors: Chong Seung
Published: November 2023

The Buyer will be concerned that each Group Company has the appropriate Permits to carry on its business. The term ‘Permit’ is defined widely and includes not only permits and licences, but also approvals, registrations, waivers, and exemptions. The scope of Warranty 3.1 is therefore potentially wide. Relevant Permits include: (i) general approvals to carry on the relevant business such as the business licence; (ii) specific industry approvals issued by the relevant industry regulator; (iii) corporate compliance approvals such as the annual inspection certification; (iv) environmental approvals; (v) foreign exchange approvals; and (vi) registrations with the relevant tax, customs, finance, and labour bureaus. There is, of course, an overlap between Warranty 3.1 and those other warranties that deal with Permits for specific areas.
Contracts and Financial Arrangements
Authors: Chong Seung
Published: November 2023

This chapter groups together warranties on the contractual and financial arrangements of the target business by which are meant those routine arrangements that enable the business to be carried on. These include contracts with customers and suppliers, lenders and borrowers, and contracts with insurers. Certain types of contract, for example, those dealing with employees or involving land and buildings or intellectual property are covered separately by specialist warrantie.

The warranties in this chapter on contractual arrangements are, however, not selflimiting and can apply to any type of contract so a Seller needs to be aware of whether they might affect contracts that are more obviously covered by other warranties.
Properties
Authors: Chong Seung
Published: November 2023

The property portfolio of a foreign investment enterprise can be quite varied. Apart from a manufacturing facility, it may own commercial premises where its non-manufacturing functions such as marketing, after-sales service, human resources, and payroll can be located. It may also have purchased residential apartments for its management personnel to live in, constructed dormitories for its unmarried employees and, if the foreign investment enterprise has branches or office organizations in other cities, it may have office premises in those places. In addition, it may have warehouses located in bonded zones. The foreign investment enterprise may own these properties or, alternatively, have leased them from third parties. Conversely, in respect of its owned premises, it may have leased them out, or part of them, to third parties.

The warranties requested by a Buyer should of course, to the greatest extent possible, be drafted to suit the particular facts and circumstances of the target business. The warranties in this chapter contemplate a typical scenario where the target business owns its principal manufacturing facility.
Assets and Intellectual Property
Authors: Chong Seung
Published: November 2023

The scope of the assets covered by this warranty is defined by the Accounts. The primary focus, however, is on plant, machinery, equipment, and inventory. Properties, IP Assets, and Loans are dealt with in other warranties. The Seller should therefore consider amending the warranty to ensure there is no overlap between the various warranties. In certain cases, a list or register of assets may be available in which case appropriate due diligence can be made to check the register against the Accounts. It may also be appropriate to seek warranty cover over the list of assets.

The aim of the warranty is to give assurance that the Group Companies own, possess, and control the assets they use. Where assets have been disposed of since the Accounts Date, appropriate disclosure should be made in the Disclosure Letter. Current assets, such as inventory, would have been sold in the ordinary course of business since the Accounts Date so this should be disclosed.
Detecting Deception In Legal Contexts
Authors: Vrij Aldert
Published: November 2023

In criminal investigations the question often arises whether a suspect, victim or witness’s 2.01 account of what has happened is accurate or not. Although inaccurate accounts may occur for various reasons (for example, because the person misremembered certain things), this chapter deals with a specfic form of inaccuracy: when the person deliberately reports something that he or she believes to be untrue, or in other words, when the person is lying.
Oral Confessions To Non-Investigator Witnesses
Authors: Wolchover David , Heaton-Armstrong Anthony
Published: November 2023

Two decades have passed since the Police and Criminal Evidence Act 1984 (PACE) 11.01 momentously introduced what was little short of a revolution in the whole process by which the police and other officia1 investigators obtain evidence from the prospective accused by questioning. With suspects protected for so many years now in a cocoon of binding safeguards it is sometimes difficult for those of us of the older generation to recall exactly how impoverished the system used to be even a quarter of a century ago.