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1 – 10 of 43Rita Molesworth, Deborah A. Tuchman, Dianne E. O'Donnell, Jonathan Burwick and James Lippert
The paper aims to analyze amendments proposed by the US Commodity Futures Trading Commission to its disclosure, recordkeeping and reporting rules that are designed to resolve or…
Abstract
Purpose
The paper aims to analyze amendments proposed by the US Commodity Futures Trading Commission to its disclosure, recordkeeping and reporting rules that are designed to resolve or minimize certain conflicts between CFTC rules and US Securities and Exchange Commission rules applicable to registered investment companies (Futures RICs) whose futures and swaps trading will subject their advisers to regulation as commodity pool operators as a result of the amendments to CFTC Rule 4.5.
Design/methodology/approach
The paper explains certain significant differences between the CFTC's rules applicable to commodity pool operators (CPOs) and the SEC's rules applicable to Futures RICs and their advisers in the areas of disclosure, reporting and recordkeeping and describes how the CFTC's proposed rules for Futures RICs are intended to resolve or minimize conflicts with SEC rules.
Findings
CFTC and SEC rules differ in several significant areas, including the required contents of the disclosure document by which the pool is offered; when the disclosure document has to be delivered; how disclosure documents are updated and reviewed; when periodic reports are required to be made and what they are required to contain; and whether required books and records may be maintained at a location other than the main business office. The proposed harmonization rules attempt to resolve these conflicts by exempting the CPOs of Futures RICs from certain CFTC requirements regarding delivery of disclosure documents and recordkeeping, permitting CFTC‐required disclosures to appear in the prospectuses of Futures RICs after the SEC‐required disclosures and requiring monthly account statements to be posted to the CPO's website rather than distributed to shareholders of Futures RICs. Other conflicts between CFTC and SEC rules applicable to Futures RICs were not addressed by the proposed harmonization rules.
Practical implications
The proposed harmonization rules attempt to adapt CFTC requirements to Futures RICs that have not been subject to CFTC regulation since 2003. Other conflicts between CFTC and SEC rules were not addressed. The CFTC has not adopted the final rules in this area.
Originality/value
The paper provides expert guidance by lawyers experienced in regulation of CPOs and RICs.
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Randy K. Lippert, Stefan Treffers and Thomas Bud
This chapter seeks to classify condominium crime, explain its neglect in light of the growth of condo living in cities and closely consider the prospects for greater visibility…
Abstract
This chapter seeks to classify condominium crime, explain its neglect in light of the growth of condo living in cities and closely consider the prospects for greater visibility and legal regulation of these acts. We deploy traditional dichotomies of white-collar/street crime and insiders/outsiders to construct a two-dimensional typology of condo crime and illustrate each type using empirically grounded examples from extensive qualitative research in Ontario and New York State entailing analysis of media accounts, condo owner association and corporation websites, and numerous interviews with owners, board directors and industry actors. We argue that the condo form retains peculiar characteristics that tend to prevent public reporting of condo crimes and leaves the ‘usual suspects’ (i.e. street criminals) in the spotlight while other, potentially more damaging, acts are neglected. We conclude by discussing barriers to knowing the extent of condo crime and their relationship to legal regulation.
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Through an analysis of texts and interviews with sanctuary providers from sanctuary incidents in Canada, this paper first details how sanctuary is made possible by pastoral and…
Abstract
Through an analysis of texts and interviews with sanctuary providers from sanctuary incidents in Canada, this paper first details how sanctuary is made possible by pastoral and non-state sovereign powers. It then argues at least three stories of law are instantiated in sanctuary discourse. Law is at times arbitrary and unpredictable. In other instances, a ‘higher’ law authorizes sanctuary. Law is also a broader game in which lawyers are relied upon and sanctuary becomes a tactic to ‘win’. These legal narratives work together to constitute sanctuary and are instantiations of pastoral and sovereign powers at the level of the subject.
Helge Lippert and Victor Dulewicz
There is a paucity of research into high-performing virtual teams. This study aims to design and test a model of virtual team performance and to produce a profile of…
Abstract
Purpose
There is a paucity of research into high-performing virtual teams. This study aims to design and test a model of virtual team performance and to produce a profile of high-performing teams.
Design/methodology/approach
The main constructs found to have influenced virtual team performance in business were trustworthiness, commitment, communication characteristics, cross-cultural communication style and structure effects. New or revised scales to measure these and a new performance measure, based on five performance criteria, were developed. A research model was designed and tested, and a profile of high-performance teams produced. The sample from a global telecoms company comprised 108 global virtual teams. Two senior managers rated performance independently.
Findings
Hierarchical regression results explained 75.7 per cent of the variance of performance. Analysis of variance revealed that model fit was highly statistically significant. Trustworthiness was identified as the predominant factor, explaining a majority of the dependent variable’s variance, while interpersonal communication, commitment and cross-cultural communication style were also identified as important. The 52 items differentiating high- and low-performing teams are reported and discussed.
Originality/value
The research model makes a contribution to team performance theory and understanding, especially the relative importance of constructs for explaining performance. The profile of high-performing teams adds greatly to our knowledge and provides valuable guidance for team management, selection and development.
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Native peoples living within their cultures find themselves the focus of increased attention and are renewing their own ties in a cultural renaissance. Non‐Natives are becoming…
Abstract
Native peoples living within their cultures find themselves the focus of increased attention and are renewing their own ties in a cultural renaissance. Non‐Natives are becoming more intrigued with both scholarly and popular interpretations of some aspects of Native cultures. Those Native Americans living outside the culture are trying, in varying degrees, to recover old ways, thus attempting to reverse generations of assimilation. It is with the latter group that this article is concerned: the non affiliated Native Americans who are intellectually and/or spiritually as well as physically removed from traditional teachings. What kinds of assistance can libraries provide to Native Americans wishing to reclaim their cultural legacy?
As information services become more complex and the methods of delivery more diverse, the professionals providing this service must become skilled in problem solving, and have a…
Abstract
As information services become more complex and the methods of delivery more diverse, the professionals providing this service must become skilled in problem solving, and have a sound theoretical understanding of their discipline. It is not sufficient to offer users vague, unsatisfactory solutions to their problems because we are unsure of our own strategies. As educators, we must look to the best means accessible to us to systematize our discipline; expert system development applied in a variety of subject areas is worthy of close examination as a means of working towards this goal.
Xuerui Shi and Gabriel Hoh Teck Ling
Within a gated community, management of common property presents great challenges. Therefore, the diagnostic social ecological system (SES) framework proposed by Elinor Ostrom…
Abstract
Purpose
Within a gated community, management of common property presents great challenges. Therefore, the diagnostic social ecological system (SES) framework proposed by Elinor Ostrom providing a holistic understanding of complex collective action problems in terms of management of commons is used to investigate key institutional-social-ecological factors influencing collective action in the context of gated communities.
Design/methodology/approach
In this paper, Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) was used to systematically screen and review the relevant literature from 2000 to 2022, where 28 papers were selected for further analysis.
Findings
The study systematically identifies and categorises a series of variables related to self-organizing management in the gated community, and consequently a SES-based gated community management framework is developed. Based on the conceptual framework, the paper discusses logical interrelationships of institutional-social-ecological factors and their impacts on collective action performance of gated communities.
Research limitations/implications
Apart from requiring empirical validation, the conceptual SES-based gated community management framework is certainly subject to continuous improvement in terms of refinement and addition of other potential determinants of gated community collective action.
Originality/value
Not only the review paper provides updates on the latest gated-community collective action research, it also contributes theoretically by conceptualizing the SES framework and its institutional–social–ecological design principles in gated community management. Studying these factors should also be of practical significance because the findings ultimately offer policy insights and management strategies that help policy-makers, property developers and local communities to govern such neighbourhood common resources efficiently and sustainably.
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James Alma, Jorge Martinez-Vazquez and Friedrich Schneiderb
Bradley T. Ewing and James E. Payne
This paper examined the cointegrating properties of narrow money demand. Results suggest income and interest rate are sufficient for the formulation of a long‐run stable demand…
Abstract
This paper examined the cointegrating properties of narrow money demand. Results suggest income and interest rate are sufficient for the formulation of a long‐run stable demand for money in Australia, Austria, Finland, Italy, UK, and US. However, for Canada, Germany, and Switzerland, the nominal effective exchange rate should be incorporated.