bluuebunny/crossref_metadata_2025 huggingface dataset:
Trade Marks, Images, Icons And Social Responsibility
Authors: Phillips Jeremy
Published: November 2023

But while this fight against erosion seems reasonable in the context of brands competing with each other, it’s a different matter when looked at from the lens of aggressive lifestyle branding—and from that perspective, a re-examination of the public’s right to respond to these ‘private’ images seems urgently required. Mattel, for instance, has reaped huge profits by encouraging young girls to build elaborate dream lives round their doll, but it still wants that relationship to be a monologue.
Introduction
Authors: Heij Christiaan , Boer Paul de , Franses Philip Hans , Kloek Teun , Dijk Herman K van
Published: November 2023

Decision making in business and economics is often supported by the use of quantitative information. Econometrics is concerned with summarizing relevant data information by means of a model.
Non-Linear Methods
Authors: Heij Christiaan , Boer Paul de , Franses Philip Hans , Kloek Teun , Dijk Herman K van
Published: November 2023

In the previous chapter, the finite sample statistical properties of regression methods were derived under restrictive assumptions on the data generating process.
Think, Play, Do
Authors: Dodgson Mark , Gann David , Salter Ammon
Published: November 2023

The innovation process is the most important of all business processes. Innovation is the means by which value is constructed and efficiencies are created. It is the source of sustainable competitive advantage. This book shows how the innovation process is changing profoundly. Part of the change results from the application of new technologies to the innovation process itself. A new category of technology has emerged which we call 'innovation technology'. This includes simulation and modelling, visualization, and rapid prototyping technologies. When used effectively, innovation technology makes the innovation process more economical and ameliorates some of its uncertainties. These technological changes are accompanied by changing organization structures and skills requirements. The technologies are used in fast moving, creative environments and are suited to project-based organization. They also require the development of new 'craft' skills to realize the possibilities created by the new 'code'. The book outlines a new way of thinking about innovation. Traditional definitions of 'research', 'development' and 'engineering', imply a progressive linearity which doesn't exist in reality. They are also associated with organizational departments, which are breaking down where once they existed, and are in any case non-existent in the vast majority of firms. They also fail to capture the central importance of design in innovation. We propose a new schema for the innovation process: Think, Play, Do. Innovation requires creating new ideas and thinking about new options, playing with them to see if they are practical, economical and marketable, and then doing: making the innovation real. This new schema captures the emerging innovation process using a more contemporary idiom. The book reports in-depth studies from a number of companies and sectors. Major case studies of Procter and Gamble and Arup Partners are presented. It reports on the use of innovation technology in a range of other companies and organizations, from pharmaceuticals in GSK, to engineering design in Ricardo engineering , and welding in TWI. We describe how innovation technology is used in traditional industries, such as in mining, and in public projects, such as the development of London's traffic congestion charge and the stabilization of the leaning tower of Pisa.
Innovation Technology
Authors: Dodgson Mark , Gann David , Salter Ammon
Published: November 2023

Introduction The Latin proverb Nihil simul inventum est et perfectum means ‘nothing is invented and perfected at the same time’. Like many proverbs, this one has stood the test of time, and is still apposite. But everything changes; nothing stays the same, and the search for ‘ inventions’ that are ‘perfect’ at birth is a continuing quest for innovators. Present changes occurring in the innovation process that result from the application of a range of new technologies and management practices are part of that quest. We describe the new technology including simulation and modelling tools, virtual reality, data mining and rapid prototyping-as innovation technology (IvT). We contend that the changes associated with their introduction leads to the intensification of innovation. We argue that it is being applied to an innovation process that can be characterized by thinking, playing, and doing.
‘Play’
Authors: Dodgson Mark , Gann David , Salter Ammon
Published: November 2023

Introduction The architect Frank Gehry is known for his highly sculpted designs, epitomized by the Bilbao Guggenheim Museum. Gehry plays with ideas when selecting the optimum shape for his buildings. He does this by iterating between sketches and physical and computer-generated models in order to make choices about shape and form. Gehry trained using drawings and physical models. He is a craftsman who loves to work with his hands, sculpting shapes in a range of materials such as cardboard, clay, and plasticine. For him, computers were initially alien, representing a medium that constrained creativity and expression.
Reflections: management and governance
Authors: Pollitt Christopher , Bouckaert Geert
Published: November 2023

This final chapter expresses some general views on the nature of public management reform. As we move through these reflections, the reader may care to speculate on how far the concept of governance attributed to Sir Robert Cecil should also be applied to public management.
The Role of Leader-Member Exchange in the Dynamic Relationship Between Employer and Employee: Implications for Employee Socialization, Leaders, and Organizations
Authors: Liden Robert C , Bauer Talya N , Erdogan Berrin
Published: November 2023

We define the employer-employee relationship as a reciprocal exchange in which employees engage in work-related behaviors that benefit the organization in return for resources and support provided by the organization. The employee “side” of the relationship has been treated both theoretically and empirically as employees’ perceptions of what they receive from the organization and corresponding attitudes and behaviors directed toward the organization that are thought to be appropriate, given the perceived level of support obtained from the organization.
The Claims of Creditors
Authors: Miller Gareth
Published: November 2023

It is important to distinguish between debts which are secured and those which are not. A secured creditor will be able to resort to the property over which he or she has a charge to recover the amount due to him or her and will thus also gain priority over unsecured creditors in bankruptcy. If the proceeds of sale of the mortgaged property are insufficient to discharge the debt, then the mortgagee may prove for the shortfall as a general creditor. If there is a surplus then this must be paid to the debtor’s trustee in bankruptcy for the benefit of his or her general creditors. The problems which may arise in relation to the validity of mortgages are considered in Chapter 3 and the remedies available to a mortgagee whose mortgage is valid are considered in Chapter 4. The remedies available to unsecured creditors are considered later in this chapter and an unsecured creditor may become a secured creditor by obtaining a charging order in respect of specific property of the debtor.
An Integrative Theory of Intergroup Conflict
Authors: Tajfel Henri , Turner John
Published: November 2023

The initial stimulus for the theorizing presented here was provided by certain experimental investigations of intergroup behavior. The laboratory analog of real-world ethnocentrism is in-group bias—that is, the tendency to favor the in-group over the out-group in evaluations and behavior. Not only are incompatible group interests not always sufficient to generate conflicts but there is a good deal of experimental evidence that these conditions are not always necessary for the development of competition and discrimination between groups (for example, Ferguson & Kelley, 1964; Rabbie & Wilkens, 1971; Doise & Sinclair, 1973; Doise & Weinberger, 1973).
Continuity of Employment: The Common Law
Authors: Brodie Douglas
Published: November 2023

Economic necessity dictates that for most workers continuity of employment is vital. Moreover, access to statutory employment protection rights may well be conditional on the existence of sufficient continuity of service. It is provided, by statute, that any week where the employee’s relations are governed by a contract of employment counts in computing the employee’s period of continuous service.1 However, subject to exception, a week which does not count in computing the length of a period of continuous employment breaks continuity of employment.2
Analytic stakeholder theorizing
Authors: Friedman Andrew L , Miles Samantha
Published: November 2023

Analytic stakeholder theory is the label we use to cover all stakeholder theory that is not strictly normative. This includes theories Donaldson and Preston (1995) call descriptive and instrumental, and Reed (2002) calls positive1 and strategic (see Section 2.6). First, contributions are ordered by whether they are primarily organization-centric, stakeholder-centric, or focus on the organization–stakeholder relation per se. Second, within these categories we order contributions according to whether they are primarily strategic/instrumental or descriptive/positive (Figure 4.1).
Introduction
Authors: Peterson David A
Published: November 2023

Applicative constructions are a means some languages have for structuring clauses which allow the coding of a thematically peripheral argument or adjunct as a core-object argument. Such constructions are signalled by overt verbal morphology. For instance, in Ainu there is the alternation between non-applicative and applicative instantiations of locative arguments seen in (1) (from Shibatani 1996b: 159).
Adjectives in Semelai
Authors: Kruspe Nicole
Published: November 2023

Semelai is a Southern Aslian language (Benjamin 1976).Aslian languages belong to the Mon-Khmer division of Autroasiatic. Semelai is spoken in Peninsular Malaysia around Tasek Bera in Pahang and in settlements along the Bera, Triang,Serting, and Muar Rivers, straddling an area of south-west Pahang, north-east Negeri Sembilan, and northern Johore. In 1999, the population figure given in the government census was 4,055. This figure would be representative of the number of Semelai speakers. Semelai of all ages exhibit a preference for speaking their own language, and the use of Malay is limited to dealings with non-Semelai. The language is not written. Malay, the national language and language used in education, is the lingua franca used with all other peoples, including those from other aboriginal minorities in the Peninsula.
Economic, Social, and Cultural Human Rights and the International Monetary Fund
Authors: Gianviti* François
Published: November 2023

This Chapter explores the relationship between economic, social, and cultural human rights and the activities of the International Monetary Fund (the Fund). More specifically, it examines: to what extent the provisions of the International Covenant on Economic, Social and Cultural Rights (the Covenant) have legal effect on the Fund; to what extent the Fund is obliged to contribute to the achievement of the objectives of the Covenant; and to what extent it may do so under its Articles of Agreement. The Covenant was adopted by the United Nations General Assembly in 1966 and came into force among the countries that had become party to it in 1976.
Corporate Responsibility and the International Law of Human Rights: The New Lex Mercatoria
Authors: Steinhardt Ralph G
Published: November 2023

Corporate law and international human rights law have historically evolved in isolation from one another. In practice, the transnational corporation has remained relatively immune from effective international regulation of any variety, let alone the obligation to protect human rights, and human rights lawyers have traditionally considered governments—not private companies—to be the principal targets for concern. With a handful of exceptions, international human rights instruments have traditionally addressed the conduct of governments, and instruments treating the transnational corporation, when they exist at all, have addressed restrictive or corrupt business practices and neglected any obligation a corporation might have to protect the civil and political rights of individuals in the society at large.
Structure for Truth
Authors: Hinzen Wolfram
Published: November 2023

Neither reference nor truth-theoretic properties of a sentence or statement, I have suggested, add anything to its ‘substantive’ conceptual content. They rather affect the ‘formal’ properties of an expression. Take the lexical item water, which as such has a substantive content: that of the concept of water. If we and out what externally existing substance a use of the word water by a speaker at a time t and space s happens to pick out—a specimen of H2O, say, or of XYZ, or of ‘heavy’ or ‘light’ water, depending on where in the universe we are—no substantive content is added to that of the word water as it was and must have been understood by us prior to undertaking the relevant chemical investigation. It was the actual reference of the English word water—which has a particular meaning, or which is linked to a concept in our understanding—that was determined in the investigation, not its meaning, or conceptual content.1
Bureaucracy and Liberty: State, Authority, and Freedom
Authors: Gay Paul du
Published: November 2023

Opposition to the idea of ‘the state’, and to ‘bureaucracy’, has long been a feature of a wide variety of political discourses. Over the last thirty years or so, however, it has enjoyed a remarkable resurgence in popularity. One of the most prominent of the many recent criticisms directed at the ‘cold monsters’ of state and bureaucracy concerns their presumed negative consequences for personal liberty.1 Whether couched in predominantly economistic terms­states and their bureaucracies hinder the unique virtue and efficacy of a capitalistic organization of production­or in relation to populist criteria of political right­only governments that are responsive to, and thus accurately and sensitively express, the opinions and judgements of their own citizens can be fully entitled to their obedience­states and bureaucracies are seen as undermining freedom.
Gender Equity­A Bureaucratic Enterprise?
Authors: Billing Yvonne Due
Published: November 2023

When people talk about lack of gender equity their considerations often have to do with the horizontal and vertical gender division of labour. A gender division of labour is not in itself a problem} but as women’s positions often equal lower wages and often mean less access to influential positions, this state of affairs has caused many discussions about selection principles, socialization, stereotypical expectations on behalf of the employers, theories, and ideas about discrimination, biases in evaluation etc. all which has been thoroughly discussed in the gender literature. Besides the labour market division of labour there is also a pronounced gender division of labour in the private sphere, where women’s average workload is higher than men’s (Frankenhaeuser 1993; Lundberg, Mardberg, and Frankenhaeuser 1994).
Managing Investors: How Financial Markets Reshaped the American Firm
Authors: Zorn Dirk , Dobbin Frank , Dierkes Julian , Kwok Man-Shan
Published: November 2023

What causes large numbers of firms to change strategy and structure in tandem? Organizational institutionalists find that managerial and professional groups that span organizations develop new models of organizational efficiency-models that are typically in the interest of the group pushing them (DiMaggio and Powell 1983; Baron, Jennings, and Dobbin 1988). These new models are often framed as responses to wider economic or political changes, and they serve to enhance the prestige and power of the groups behind them.
Personal Injury Law: Liability, Compensation, Procedure
Authors: Barrie MA Peter
Published: November 2023

Now in its second edition, Personal Injury Law: Liability, Compensation and Procedure (previously known as Compensation for Personal Injuries in the 1st edition) is a uniquely convenient and reliable reference work, providing clear summaries of the law, and easy access to the key relevant claims, practice rules, statutes and materials across the whole range of modern personal injury practice. This edition has been fully updated and covers a number of new cases along with more practical advice. Each of the 64 chapters begins with a concise account of the main points of law followed by the relevant source material, annotated with case references and finer details The book also includes: · All relevant statutory texts · Relevant parts of the key Health and Safety Regulations · Full text of the 2004 JSB Guidelines · Extracts from the Ogden Tables · The CICA scheme and MIB agreements · Legal and medical glossaries · Anatomical illustrations Whether concerned mainly with claimants or defendants, users of this book can rely on it as a sure guide in the complex area of personal injury law and practice. A companion website dedicated to developments in this area of the law, will keep the book up-to-date.
Barriers To Entry And Potential Competition
Authors: Varona Edurne Navarro , Galarza Andres Font , Crespo Jaime Folguera , Alonso Juan Briones
Published: November 2023

The importance of the market share depends on difficulties of access to the market and whether new competitors could enter the market if the merged entity raised its prices to a supra-competitive level. In order to determine whether the entry of new operators onto the market is likely, the Commission has taken into account two factors: first, the existence and, where applicable, intensity of barriers to entry onto the market, and secondly the existence of potential competition capable of overcoming such barriers. Barriers to entry are obstacles or difficulties that new entrants onto the market have to face, and that because of their intensity or characteristics can prevent the entry of new competitors onto the market in a period of time that is sufficiently short to dissuade those operators already present on the market from exploiting their dominant position.
How Job Characteristics Theory Happened
Authors: Oldham Greg R , Hackman J Richard
Published: November 2023

One afternoon in 1971, Greg Oldham, then a doctoral student at Yale, walked into Richard Hackman’s faculty once and announced that we had a relationship problem. Richard was taken aback because he thought the relationship was excellent. In his view, Greg was well-launched on his own research trajectory, having recently completed a Wne pre-dissertation project on leadership and goal setting. It was just the kind of mentoring relationship Richard most valued: Greg autonomously had developed a research question about a phenomenon that interested him and, with only modest coaching, had designed, executed, and written up an excellent empirical study. Richard thought that Greg was now well positioned to develop a dissertation proposal that would significantly advance understanding of his phenomenon.
The Structure And Context Of Merger Control In The United Kingdom
Authors: Scott Andrew , Hviid Morten , Lyons Bruce , Bright Christopher
Published: November 2023

The competition aspects of mergers have been regulated formally in the United Kingdom since 1965, when the Monopolies and Mergers Act extended the jurisdiction of what was then the Monopolies Commission. The United Kingdom became only the second jurisdiction to possess a fully fledged merger control regime after the United States. The basic principles laid down in 1965 were subsequently confirmed in the Fair Trading Act 1973, which also provided more adequate administrative machinery with the Office of Fair Trading advising the Secretary of State on reference decisions after undertaking a preliminary screen of unproblematic cases. This system proceeded to operate for almost three decades.
Horizontal Effects: Non-Coordinated
Authors: Scott Andrew , Hviid Morten , Lyons Bruce , Bright Christopher
Published: November 2023

The first and most obvious competitive implication of a merger of two firms is that it reduces the number of competitors by one. Intuitively, one might expect that the greater the number of firms, the more intense the competition and hence the lower the prices. While this need not always be the case, it is a good starting point and helps explain why competition authorities analyse the effect of mergers at all. In analysing the effects of mergers, two distinct effects are considered. The direct effect on consumers from the reduction in the number of firms on the market, referred to as a non-coordinated effect, is the subject of this chapter and arises from a reduction in competitive pressure.
The Agreement Of Merger Remedies
Authors: Scott Andrew , Hviid Morten , Lyons Bruce , Bright Christopher
Published: November 2023

The negotiation of merger remedies becomes an important issue when the competition authorities perceive that a substantial lessening of competition either has ensued, or will probably ensue from a given merger situation. The purpose of such remedies is to mitigate or prevent competition problems, usu- ally by enhancing the strength of existing competitors or creating opportunities for new competition.
Intervention By The Secretary Of State: Mergers In The Media Industry
Authors: Scott Andrew , Hviid Morten , Lyons Bruce , Bright Christopher
Published: November 2023

A special regime for the review of mergers in the newspaper industry was first introduced in the United Kingdom by the Monopolies and Mergers Act 1965. This legislation responded to the findings of the Royal Commission on the Press 1961–1962,1 and was reiterated in sections 57–62 of the Fair Trading Act 1973.
New Trends in the Promotion of Companies and Brands to Stakeholders: A Holistic Approach
Authors: Leévy Maurice , O’Donoghue Dan
Published: November 2023

A consideration of what medical science is telling us reveals some startling possibilities. We are experiencing a world where the advances being made in genetics and in biotechnology are changing our perceptions of what is possible in life itself. The normal idea that most of us have lived with is that we are born, we grow up, we go to work, we have children, we retire, and then at some point, sadly we pass away. But now immortality is being dangled in front of us. Cloning of animals, even if it seems a bit unlikely, is mak102ing us think about new possibilities. The repairing of our bodies from diseases we previously could not cope with seems nearly attainable.
Marketing Communications in a World of Consumption and Brand Communities
Authors: Munñiz Albert M , O’Guinn Jr. ,Thomas C
Published: November 2023

Marketing communication has been seriously undertheorized for decades, but the on going telecommunications revolution has finally made it inescapably obvious that the field needs a much better model of marketing communications. The reasons for this state of affairs are many, but prominent among them are the intellectual insularity of the marketing field and the lack of any meaningful sociological tradition (or even awareness) that could be brought to bear on the study of a metaphenomenon that is inherently social. In addition, there is the small matter of reality: mediated communication itself has changed. Strategies and tactics considered marginal and radical just ten years ago have become the standard practice of many traditional marketers. Marketing theory has not kept up, and now the gap between theory and real world practice is more of a chasm. Because medium is inseparable from message (McLuhan 1965; Ong 1982), a major recasting of marketing communication models is essential.
Electronic Marketing and Marketing Communications: The Role of Technology
Authors: O’Connor John , Galvin Eamonn , Evans Martin
Published: November 2023

Commerce and marketing are changing, as distribution channels, services, and even payments are becoming more technology oriented and ‘virtualized.’ This growth of new technologies is part of a wider ‘electronification’ of marketing, which is called electronic marketing. This migration has occurred in the context of wider societal changes such as increasing customer sophistication and individualism, and the increasing globalization of markets.
Restoring the Bottom-up Process of Resource Allocation
Authors: Gilbert Clark G
Published: November 2023

As we look at the research presented in Part II, several important conclusions can be drawn. First, there are powerful forces shaping the bottom-up processes of definition and impetus. These forces include the structural and strategic context internal to the firm. But we also observed external forces, such as powerful customers and capital markets, which play a similar role in shaping the bottom-up process. These external forces were not incorporated in the original models of Bower (1970) and Burgelman (1983).In Part III, we extend the discussion in several areas. First, we introduce the concept of cognitive framing, defined here as the ‘underlying structures of belief, perception, and appreciation’, through which information is collected, interpreted, and retained (Scho¨n and Rein 1994: 23).
Euro Entry as Defining and Negotiating Fit: Conditionality, Contagion, and Domestic Politics
Authors: Dyson Kenneth
Published: November 2023

Economic and Monetary Union (EMU) and the post–Cold War waves of eastern enlargement are two of the boldest policy projects in European integration since the Treaty of Rome established the European Economic Community (EEC) (now European Union (EU)) in 1957. Both are legitimated as historic. EMU is justified as making European integration irreversible and as securing the unification of a formerly war-stricken continent in peace and prosperity (Dyson and Featherstone 1999).
EMU and the New Member States: Strategic Choices in the Context of Global Norms
Authors: Rollo Jim
Published: November 2023

The emergence of the countries of Central Europe and the Baltic from communism between 1989 and 1991 coincided with the beginnings of a wave of global economic integration and with shifts in the global eco- nomic governance paradigm. The shift in paradigm was towards rules- bound, open trade in goods and services and free capital movements. There was a parallel move towards the objective of a stability culture in domestic macroeconomic policy. This move represented an attempt to replace the apparent but lost certainties of the multilateral system of economic governance among capitalist countries that had prevailed between 1946 and 1973.
EMU and Welfare State Adjustment in Central and Eastern Europe
Authors: Rhodes Martin , Keune Maarten
Published: November 2023

This chapter seeks to put in place a comparative basis for understanding the implications of eventual Eurozone membership for CEE welfare states. Based on the present nature of the welfare and public spending ‘problem load’ facing different CEE countries, and what we understand about their respective ‘institutional adjustment capacities’, we assess first the extent to which EMU creates a crisis of public spending and social protection, second the scope for welfare expansion or the necessity of welfare retrenchment and third the extent to which the fiscal constraints created by social spending commitments present political obstacles to EMU convergence.
Domestic Transformation, Strategic Options and ‘Soft’ Power in Euro Area Accession
Authors: Dyson Kenneth
Published: November 2023

This volume has presented EMU accession as a process of defining and negotiating fit across the EU and the domestic levels. This perspective on Europeanization has a number of advantages: it highlights the closely intertwined cognitive and strategic dimensions of EMU accession as domestic elites seek to navigate by reference to the European ‘map’ of EMU; it recognizes that EMU accession connects elite actors across two levels; it looks beyond the boundaries of institutional explanation to examine indirect Europeanization effects through contagion processes in markets and policies; it ties together structural characteristics with attention to the dynamics of EMU accession; it breaks free from the simplifying dichotomy of ‘top-down’ and ‘bottom-up’ accounts of Europeanization; it avoids the simplifying sets of expectations in the literature on ‘Europeanization East’, in which one account emphasises ‘external incentives’ (Schimmelfenning and Sedelmeier 2005) and another domestic factors (Goetz 2005);
Firm resources and sustained competitive advantage*
Authors: Barney Jay B , Clark Delwyn N
Published: November 2023

Chapter 1 of this book defined and developed the strategic management question—Why do some firms outperform other firms?—and described the evolution of resource-based theory as one approach to answering this question. Chapter 2 introduced the concept of a strategic factor market to demonstrate that whether a firm gains competitive advantages does not depend just on strategies that create competitive imperfections in product markets, but on the total cost of implementing these strategies. This total cost is determined by the competitiveness of strategic factor markets. One of the central conclusions of this argument is that firms that exploit resources and capabilities they already control in choosing and implementing strategies are more likely to gain competitive advantages than firms that acquire the resources and capabilities they need to implement a strategy in more competitive factor markets. Of course, this conclusion is hardly unique to resource-based theory. Indeed, identifying and exploiting a firm’s strengths while avoiding its weaknesses has been one of the central features of one of the oldest organizing frameworks in the field of strategic management— the SWOT framework (Ans off 1965; Andrews 1971; Hofer and Schendel 1978). This framework, summarized in Figure 3.1, suggests that firms obtain competitive advantages by implementing strategies that exploit their internal strengths, through responding to environmental opportunities, while neutralizing external threats and avoiding internal weak-nesses.
Information technology as a source of sustained competitive advantage*
Authors: Barney Jay B , Clark Delwyn N
Published: November 2023

The field of strategic management focuses on understanding sources of sustained competitive advantages for firms (Porter 1980, 1985; Rumelt, Schendel, and Teece 1991). A variety of factors have been shown to have an important impact on the ability of firms to obtain sustained competitive advantage. Some of these have been discussed in previous chapters of this book—including organizational culture, trust, and human resources. Information technology (IT) has also been mentioned for its possible role in creating sustained competitive advantages for firms (Clemons 1986, 1991; Clemons and Kimbrough 1986; Clemons and Row 1987, 1991a; Feeny 1988; Feeny and Ives 1990; Barney 1991a; Powell and Dent-Micallef 1997; Bharadwaj 2000; Ray 2000). While the assertion that IT might be able to create sustained competitive advantage for firms is provocative, work in this area is relatively underdeveloped, both empirically and theoretically (Jarvenpaa and Ives 1990; Powell and Dent Micallef 1997). Research on IT and competitive advantage has predominantly emphasized ‘describing how, rather than systematically why’ IT can lead to such an advantage (Reich and Benbasat 1990: 326). Accordingly, the IT literature contains case studies of spectacular IT successes, but few conceptual frameworks designed to encourage and assist IT managers with IT implementation (Powell and Dent Micallef 1997).
Resource-based theory and mergers and acquisitions*
Authors: Barney Jay B , Clark Delwyn N
Published: November 2023

A senior manager at a major US corporation was recently overheard describing how her firm had successfully ‘snatched’ a strategically important acquisition from a bevy of competing firms. Her enthusiasm for this acquisition was contagious. Not only did this acquisition add economic value to her firm in the short term, she argued, it also created important long-term strategic advantages. This manager’s enthusiasm reflects the widespread belief, among managers and academics alike, that merging with or acquiring strategically related firms can increase the economic value of successful bidding firms (Salter and Weinhold 1979). A great deal of effort has gone into describing the sources of strategic relatedness that exist between a bidding and target firm (Lubatkin 1987; Singh and Montgomery 1987), and how this relatedness is translated into economic profits for the shareholders of bidding firms once an acquisition is completed (Haspeslagh and Jemison 1987). This ‘relatedness hypothesis’ in mergers and acquisitions has not gone untested. Unfortunately, results are not consistent with these managerial or academic expectations. Lubatkin (1987), for example, found no significant difference in returns to bidding firm shareholders for strategically related and unrelated acquisitions. Also, Singh and Montgomery (1987), despite controlling for the type and degree of strategic relatedness between bidding and target firms, found that these acquisitions did not generate superior returns for shareholders of bidding firms. Singh and Montgomery (1987) did find that the shareholders of related target firms obtain higher profits than the shareholders of unrelated target firms. Indeed, the results of numerous studies, reviewed in Porter (1987) and Jensen and Ruback * This chapter draws from Barney (1988).
Resource-based theory: empirical research*
Authors: Barney Jay B , Clark Delwyn N
Published: November 2023

In 1916, Albert Einstein predicted the existence of gravity waves. Given how small these waves were supposed to be—10 of a millimeter—Einstein was convinced that this implication of his general theory of relativity would never be examined directly. Initially, the existence of these waves was only examined indirectly, by observing that pulsars were losing mass at a rate consistent with the existence of gravity waves. However, more recently, a new generation of wave detection technology has been introduced. Drawing on the computing power of thousands of personal computers linked in a voluntary network, physicists now believe that it may be possible to directly observe gravity waves, though it may take many years to refine the technology and complete the data analysis (Lafferty 2005). Godfrey and Hill (1995) observed that resource-based theory—along with TCE and agency theory—incorporated difficult to observe concepts as independent variables. These authors wondered if it would ever be possible to directly test resource-based theory. Initially, they reasoned, resource based empirical work would have to focus on examining the observable implications of a firm’s resources and capabilities, rather than examining those resources directly. However, more recently, several scholars have begun to develop techniques for measuring at least some aspects of these previously difficult to observe concepts. Although it may take many years to refine this measurement technology and complete the data analysis, there is now a growing belief that it may be possible to measure resources and capabilities and therefore to directly test the implications of resource-based theory (Dutta, Narasimhan, and Rajiv 2005).
Public Acquisitions
Authors: Chong Seung
Published: November 2023

M&A transactions can be either ‘private M&A’ or ‘public M&A’ transactions. The term ‘private M&A’ refers to the sale and purchase of privately held companies which are typically concluded by private treaty, ie using a sale and purchase agreement between the buyer and seller. The term ‘public M&A’ refers to the acquisition of a publicly held company which is usually made through a general offer or tender to all shareholders. In many jurisdictions, including Hong Kong and the PRC, special rules regulate public M&A deals in order to ensure that all shareholders are treated fairly. This chapter looks at some of the rules governing public M&A transactions in the PRC.

In addition, for historical reasons and because of the way the public markets have developed in the PRC, special rules apply to foreign investors who wish to acquire shares in companies whose shares are listed on the Shanghai or Shenzhen stock exchange. They can only do so through certain permitted gateways.
Merger Control
Authors: Chong Seung
Published: November 2023

Competition law in the PRC divides broadly into two regimes: merger control and unfair competition. Merger control deals with business mergers or acquisitions that may result in an excessive concentration, or that may obstruct fair competition or harm the interests of consumers. Merger control is the principal subject matter of this chapter.

Unfair competition regulations address a miscellany of mischiefs including abuses of monopoly positions and cartels. Unfair competition is discussed in Chapter II–3 in connection with Warranty 3.9.

In this chapter, Section 1 discusses the impetus for competition law in the PRC, the restrictive influence of domestic protectionism, the current legislative landscape, and future statutory reforms. Section 2 contains an overview of the merger control regime, identifies the relevant statutory provisions that regulate merger control, and describes the types of merger transactions that are regulated. Section 3 discusses each type of regulated transaction, including the circumstances in which they need to be notified and the criteria for their substantive assessment. Section 4 describes the relevant procedure for making a notification and for the review of a transaction.
The Sale Interest
Authors: Chong Seung
Published: November 2023

This first chapter of Part II deals with the subject matter of the sale, namely, the equity interest or the shares being bought and sold. In the case of an equity interest, the subject matter would be defined as the ‘Sale Interest’ and, in the case of shares, the ‘Sale Shares’. In an asset deal, the subject matter of the sale would be the relevant business or assets. Asset acquisitions are discussed in paras I–1.1.47 to I–1.1.65.

Since the statutory reception of the trust in the PRC as a result of the promulgation of the Trust Law 2001, the concept of beneficial ownership has been recognized. It is therefore legitimate for the Buyer to ask for a warranty as to beneficial ownership.
Environment
Authors: Chong Seung
Published: November 2023

The approach to environmental liabilities and due diligence is one which presently shows greatest variance among buyers and is likely to do so for the foreseeable future. There are various reasons for this. First, and most obviously, a buyer’s approach to environmental risk depends principally on its own corporate policies. Companies apply standards of varying stringency to conduct and behaviour that have an environmental impact. Secondly, the opportunity to be diligent and rigorous when it comes to environmental issues varies in each case. In many cases, because of timing and other constraints, or given the comparatively undeveloped environmental compliance culture in China, the buyer is compelled to take a robust, commercial approach to environmental risks and to rely on contractual measures to limit its liability or to seek redress from the seller.

Where a buyer is proposing to acquire only a minority or strategic stake in the target company, the chance to conduct full due diligence may be limited, as may be the opportunity to veto or infl uence decisions which have an environmental impact after the investment is made.
Introduction
Authors: Heaton-Armstrong Anthony , Shepherd Eric , Gudjonsson Gisli H , Wolchover David
Published: November 2023

This text supplements the contents of Analysing Witness Testimony and adds entirely new material. Its sections enable the reader to marry up and navigate the contents of both texts.The three sections of each text are not mutually exclusive, with themes connecting the contributions in different parts. Some chapters can be viewed as ‘stand alone’ treatments. Others need to be considered in the context of those that precede and follow them.
Oral Testimony From The Witness’s Perspective—Psychological And Forensic Considerations
Authors: Dunn Peter , Shepherd Eric
Published: November 2023

Witnessing is a long journey. In Speaking Up for Justice the Government recognized the 20.01 stresses involved in this journey. The Youth Justice and Criminal Evidence Act 1999 implemented provisions to extend to vulnerable or intimidated witnesses pre-existing special measures introduced for child witnesses. The Act also included measures to protect witnesses from cross-examination by the accused in person.
Assembling an Economic Actor with Iain Hardie
Authors: MacKenzie Donald
Published: November 2023

London: Wednesday, 5 January 2005. Hardie and MacKenzie are observing trading by a hedge fund. With traditional investment vehicles producing poor returns, hedge funds have been growing rapidly in number and in capital. They tend to cluster in particular places, notably in New York (some in mid- town Manhattan, but mainly in the northern suburbs, especially Greenwich, Connecticut) and in the area in which we are: in and around Mayfair and St James’s in London’s West End.
The Material Sociology of Arbitrage with Daniel Beunza and Iain Hardie
Authors: MacKenzie Donald
Published: November 2023

The derivatives discussed in the previous chapter, which now play such a central role in global finance, are contracts or securities whose value depends on the price of an ‘underlying’ asset, on the level of an index, or on an exchange rate, interest rate, or other quantity. Here, as elsewhere in finance, factual status is important. For a derivatives market to be credible, the price of derivatives must not be seen as arbitrary, or as subject to manipulation, but must adequately reflect conditions in the market for the underlying asset, in particular the price of the asset or the level of the index, rate, or other quantity involved.
Emissions Trading and National Allocation in the Member States-An Achilles’ Heel of European Climate Policy?
Authors: Mehling MichaelA
Published: November 2023

On 1 January 2005, emissions trading is set to become a reality in the European Union (EU). That, at least, is the objective spelled out in Directive 2003/87/EC establishing a Scheme for Greenhouse Gas Emission Allowance Trading within the Community and Amending Council Directive 96/61 (Emissions Trading Directive). The path to its achievement, however, is lined with obstacles of an unprecedented scale for Member States seeking to implement the Directive within an ambitious timetable. Among these challenges, national allocation will arguably prove the greatest. Once described as a ‘hornet’s nest’ by an eminent scholar, it requires that each Member State distribute its allowances according to a convoluted set of rules and recommendations, considering the interests of stakeholders while at the same time ensuring that national reduction commitments for greenhouse gases are met.
Reflections on the Scope and Pre-emptive Effect of Environmental Directives-A Case Study on the RoHS Directive 2002/95/EC
Authors: Kalimo Harri
Published: November 2023

Legislation is an embodiment of political choices, a carefully struck compromise between numerous diverging values. In federalist systems such as the European Union (EU), there is a constant tension between vertical levels of government as to where compromises on values should be struck: are state legislators the proper decision makers, or does competence belong to the central lawmaker instead? In the EU, Member States’ and the Community’s competences are in many policy fields concurrent, or mixed. Powers are thus divided in a dynamic manner: as long as EC secondary legislation does not exist in a field, Member States may enact laws that are compatible with primary Community legislation. If the Community, on the other hand, has chosen to harmonize national law by enacting secondary law with a particular scope, Member States’ competence to regulate is traditionally seen as preempted in accordance with reference to the law in question.
Energy
Authors: Rodi Michael
Published: November 2023

On past occasions, the pace of European legislation in the area of energy and the environment has largely been determined by the scale and direction of international diplomacy. In recent years however, negotiations on the future of global climate policy have been beset by an on going stalemate on a number of central issues. The difficulties in achieving significant progress are perhaps best illustrated by the fact that the Kyoto Protocol1 to the United Nations Framework Convention on Climate Change (UNFCCC) has yet to enter into force, and Russia’s participation, while looking promising at the moment, is still not guaranteed. The United States (US), meanwhile, continue to affirm their rejection of the Kyoto Protocol, and advertise an alternative strategy based on modest reduction targets.3 In addition, negotiations have increasingly become characterized by a distinct reluctance on the part of developing countries to enter into any substantive obligations for future commitment periods.
Nature Conservation
Authors: Garcia-Ureta Agustin
Published: November 2023

In 2003, no major changes were made to Directive 79/409/EEC on the Conservation of Wild Birds (Birds Directive) . However, the Directive was amended by Regulation (EC) No. 807/2003 adapting to Decision 1999/468/EC the Provisions relating to Committees which Assist the Commission in the Exercise of its Implementing Powers laid down in Council Instruments adopted in accordance with the Consultation Procedure-Unanimity. The latter gives effect to the provisions of Decision 1999/468/EC laying down the Procedures for the Exercise of lmplementing Powers conferred on the Commission (New Comitology Decision),3 which regulates the committees that assist the Commission in the exercise of its implementing powers. Regulation (EC) No. 807 /2003 lists the Birds Directive in Annex III (Regulatory procedure).
Case Law of the European Court of Justice
Authors: Notaro Nicola
Published: November 2023

The development of interpretative guidelines for existing European Community (EC) environmental law, the organization of seminars, information networks, and other similar ‘pedagogic activities’ are likely to contribute to a better implementation by the Member States. Cross-compliance measures, which would prevent the allocation of European funds when relevant environmental legislation has not been respected, can also provide a strong incentive to implement. However, it is ultimately for the Court to sanction Member States’ violation of EC law, and this happened in about 40 cases in 2003. While no major innovation can be identified in the ECJ’s environmental decisions in 2003, a few rulings deserve closer attention.
The Civil Procedure Rules
Authors: Davis Michael , Akenhead Qc Robert
Published: November 2023

The Civil Procedure Rules 1998 (‘CPR’) came into force on 26 April 1999 and provide a unified procedural code for all civil courts, including the Technology and Construction Court (‘TCC’). As the CPR were being introduced, the former Rules of the Supreme Court were revoked (although various provisions from the Rules of Supreme Court and County Court Rules were retained by way of schedules to the CPR). The CPR constitute ‘a new procedural code with the overriding objective of enabling the court to deal with cases justly’.