Financial constraints to investing in intangibles: Do innovative and non-innovative firms differ?

The Journal of Technology Transfer - This paper investigates the extent to which financial constraints on investments in intangible activities differ with respect to the kind of intangible and to...     

Sexual Slavery: Do We Need This Crime in Addition to Enslavement?

The article focusses on the crime of sexual slavery in the ICC Statute. It examines the legal definition of enslavement in Article 7 (2) (c) ICC Statute and the Elements of Crimes (EOC) of enslavement and sexual slavery as well as the jurisprudence of the SCSL which was the first to deal with the application of the EOC of sexual slavery to a concrete situation (so-called ‘forced marriage’ phenomenon). The author questions whether there is a necessity to have two crimes against humanity of enslavement and sexual slavery but on the other hand, no war crime of enslavement. Further, she rejects the interpretation that human trafficking has become part of the definition of slavery/enslavement as the footnote in the EOC seems to suggest. The author argues vigorously that the phenomenon of ‘forced marriage’ should be prosecuted as sexual slavery and not under the residual offence of inhumane acts as a ‘new’ international crime.     

Downloaded Work,Sideloaded Work,and Financial Circumstances: The Contemporary Worker’s Experience of Equity and Need Principles

Social Justice Research - People value being paid appropriately for their work—but national surveys indicate that many working adults report a discrepancy between what they actually earn and...     

Performance appraisal: whose function?

Two of the major purposes of performance appraisal are to improve overall job performance and encourage career growth. According to our author, the training and development section of the personnel department can best fulfill these goals.     

Human Security and Managing Financial Crises: Can Human Security Be Effectively Managed?

Could the negative human security effects during the 1997 FinancialCrisis in East Asia have been mitigated? To shed light on thisquestion, we examine the reasons for the onset of the financialcrisis, the internal and external factors, and the InternationalMonetary Find's (IMF's) involvement/conditionality and how thisaffected the economies at the micro and macro level. The emphasishere is on the micro level, i.e. individuals and businesses.Our main conclusion is that one definite policy mishap was thatIMF loans were in part not available immediately when needed,and were focused on servicing debt payments. Because of this,some businesses with full order books were unable to find thenecessary working credits that could have helped them pull throughthe crisis, which in turn led to unnecessary bankruptcies.     

“Do We Have LIFT-Off?” Social Media Marketing and Digital Performance at a British Arts Festival

ABSTRACT

Arts festivals have been explored through many lenses, but social media marketing and digital performance are less studied. The potential of social media networks in digital performance is exemplified by the London International Festival of Theatre (LIFT), which repositions social media technology as an enabler for audiences to co-produce digitally oriented performance. This article argues that the relationship between social media marketing and performance is more hybridized than often assumed, with performances forming a creative development loop from producer to audience through performative social media. Harnessing the creative potential of social media platforms via “digital staging” encourages audience insight into process as well as product.     

Race and peremptory challenges during voir dire: Do prosecution and defense agree?

Recent litigation in state and federal courts in the United States suggests that black prospective jurors may be systematically excluded from sitting on trial juries through the issue of peremptory challenges during the voir dire process. Numerous trial and appellate cases have reaffirmed the importance of excluding prospective jurors without cause through peremptory challenges. An insufficient number of studies have examined peremptory challenge data to determine if a systematic bias against black prospective jurors actually exists. This study analyzes peremptory challenges issued by both prosecution and defense to determine if both adversary parties agree on the proclivity of black jurors to influence a jury verdict in a given direction. The study concludes that both prosecution and defense agree, as evidenced in the issue of peremptory challenges, that black jurors are prone to move a jury toward a verdict of acquittal.     

Ownership conversions in health care organizations: who should benefit?

Because equity capital is becoming an important financing source for health care organizations, the conversion of many such organizations from nonprofit to for-profit status is a significant public policy issue. Since many states require converting nonprofits to repay the "community" for its investment during the nonprofit status period, three questions arise: (1) How much is the entity worth? (2) How much of that worth should be returned to the community? (3) In what form should it be returned? The paper addresses these questions, and demonstrates why responsible public policy calls for them to be carefully considered if community interests are to be preserved.     

Corporal Punishment and Kids: How Do Parent Support and Gender Influence Child Adjustment?

Previous research on corporal punishment has failed to consider the interaction of parent support and parent gender in predicting child outcomes. The current study examined whether parental support moderated the effects of corporal punishment on child outcomes (i.e., depression and aggression), and more specifically, whether the gender of the supportive parent moderated the effects of punishment from the opposite-sex parent. Results differed depending on the gender of the punishing and supportive parents, suggesting that parental support can be a protective factor in child outcomes but only under certain conditions. Mother support moderated the effects of father punishment on child depression but not child aggression. High corporal punishment by father was related to more child depression at both high and low levels of mother support. High levels of mother support only seemed important (i.e., children were less depressed) at low levels of father corporal punishment. In contrast, father support moderated the relationship between mother corporal punishment and child aggression but not depression. Children with high father support showed less aggression across all levels of mother corporal punishment. At low levels of father support, child aggression increased as mother corporal punishment increased. For depression, mother corporal punishment was positively related to child depression regardless of level of father support. These findings suggest differential effects for mother and father support and have implications for the treatment and prevention of negative outcomes in children who are physically punished by their parents.

Public-College Student-Athletes and Game-Time Anthem Protests: Is There a Need for a Constitutional-Analytical Audible?

National-anthem-related protests among NFL players have revealed complexities associated with symbolic counter-speech tied to American symbols of patriotism. For public-college officials and coaches, who are bound by the First Amendment, the handling of game-time anthem protests may reverberate beyond the court of public opinion. Because uniformed collegiate student-athletes occupy a constitutional limbo-land in which they are distinguishable both from members of the general adult population and their non-athlete student peers, the traditional framework for evaluating limits on their game-time political counter-speech may prove unwieldy. This article presents an alternative constitutional-analytical approach that contemplates the unique status of collegiate student-athletes and the nature of competitive teams. Within this potential framework, administrator-imposed limits on anthem protests would be reviewed strictly. Courts considering coach-imposed limits on anthem protests, however, might opt for a less rigid form of review that allows for a more direct balancing of interests.     

Do Victims of War Need International Law? Human Rights Education Programs in Authoritarian Sudan

Drawing on ethnographic fieldwork in Sudan, this article illuminates the consequences of human rights educational workshops as a form of humanitarian assistance in war‐ravaged areas. These projects are built on flawed assumptions about Sudanese politics and about the likelihood that human rights education empowers the war‐ravaged poor. The beneficial impacts of human rights discourse stem from its side effects, which fulfill urgent and symbolic needs, and not from the core content of human rights. The case of an authoritarian regime exposes an alternative site of rights promotion, outside the established or struggling democracies where most literature on rights resides. Bridging the literature on rights in Western, democratic contexts and on human rights in Africa, this article argues that law is not enough—and is potentially dangerous—in the insecure and impoverished areas where the international aid community has been encouraging it to flourish.     

For Whom Do Sanctions Deter and Label?

Deterrence and labeling theories make opposing predictions regarding the effect of sanctions on subsequent crime. Deterrence anticipates that sanctions deter, while labeling anticipates that sanctions amplify future crime. The knowledge base with respect to this question is vast, and while a handful of studies provide evidence of a deterrent effect, the majority of studies indicate a null effect. Our study examines whether an arrest leads to an increase in subsequent crime, but extends the knowledge base by considering whether an arrest has the same effect across offender trajectories and by employing techniques that deal with sample selection bias. Thus, we assess for whom sanctions deter or exacerbate subsequent offending. Results indicate that for greater risk youth, arrest amplifies subsequent delinquency, net of other effects, but not among lower risk youth. Thus, experiencing an arrest aggravates subsequent delinquency among some but not all persons. Implications and directions for future research are identified.     

Opportunity and Self-Control: Do they Predict Multiple Forms of Online Victimization?

This study investigates the predictors of four types of cybercrime victimization/experiences: online harassment, hacking, identity theft, and receiving nude photos or explicit content. The effects of victimization opportunity and low self-control are examined as the primary independent variables in logistic regression analyses of data collected from a large sample of undergraduates enrolled at two universities in the United States. Results suggest that opportunity is positively related to each of the four types of online victimization, and that low self-control is associated with person-based, but not computer-based, forms of cybercrime. These findings speak to the utility, and also the limitations, of these perspectives in understanding cybercrime victimization risk among college students, and to the potentially criminogenic nature of the Internet.

     

Marriage and Desistance from Crime in the Netherlands: Do Gender and Socio-Historical Context Matter?

Over the last two decades, research examining desistance from crime in adulthood has steadily increased. The evidence from this body of research consistently demonstrates that salient life events—in particular, marriage—are associated with a reduction of offending across the life course. However, previous studies have been largely limited to male samples in the United States. As a result, questions regarding the universal effect of these relationships remain. Specifically, research is needed to assess whether the desistance effect of life events like marriage varies by gender and/or socio-historical context in countries other than the U.S. The present research addresses these gaps by examining the relationship between marriage and criminal offending using data from the Criminal Career and Life Course Study (CCLS). The CCLS includes criminal conviction histories spanning a large portion of the life course for nearly 5,000 men and women convicted in the Netherlands in 1977. Because we assess change over multiple observations within and between individuals, we utilize hierarchical models to estimate gender and contextual effects of marriage on criminal offending (i.e., any, violent, and property convictions). Overall, we find consistent support for the idea that marriage reduces offending across gender and socio-historical context. Notably, we find that the reduction in the odds of offending due to marriage is significantly greater for individuals in the most contemporary context. The implications of these findings are discussed.

Financial Torts and Investor Protection: Is the Europeanisation of Third State Cases a Viable Solution?

Due to the growing globalisation of financial markets, non-EU market operators which act outside the EU are increasingly causing direct harm to European investors. This issue, and its relevant impact on investor protection, has already been considered by the European legislature at the substantive level. This article seeks to demonstrate that, at the private international law level, the Europeanisation of third state cases would increase both the degree of investor protection and investors’ equal access to justice. Focusing exclusively on financial torts, the advantages arising from the application of Brussels I bis heads of jurisdiction to non-EU defendants are assessed with regard to insider trading and Credit Rating Agency liability cases. The paper also examines the main critical elements related to such an extension of the Brussels I bis regime, especially from a systematic perspective, and suggests possible future approaches to this issue.