scholarly journals The interpretative approach to bankruptcy law

2018 ◽  
Vol 60 (3) ◽  
pp. 824-841
Author(s):  
Hamiisi Junior Nsubuga

Purpose This paper aims to highlight how an interpretative approach to law as posited by Dworkin may be used to remedy the tension between employment protection and corporate rescue laws. Design/methodology/approach This paper adopts a doctrinal and theoretical approach to law. Findings The tension between corporate rescue and employment protection laws affects both employees’ and business owners’ policy objectives on corporate insolvency. The theoretical perspectives of both the traditionalists and proceduralists have so far failed to provide a clear approach on how this tension may be balanced or remedied. This paper proposes that this tension may be remedied through interpretation, that is, by adopting Dworkin’s Interpretative Approach to Law. Originality/value Most researchers and academics have written extensively about the tension between corporate rescue and employment protection, but this paper is the first of its kind to propose a remedy to this tension through interpretation.

Author(s):  
Wayne Graham

Purpose This paper aims to demonstrate the applicability of an action learning model to improve organizational outcomes. Design/methodology/approach This paper extends previous work by applying the system of enquiry, action and learning (SEAL) model using an action research methodology to a small business operating in the health services industry. Findings The SEAL model is a useful approach to introduce small business practitioners to the principles of organizational development (OD). Research limitations/implications The application is limited to one small business, and subsequent studies could apply the model to more organizations that operate in industries other than health services. Practical implications Business owners from this study and previous studies have found the model to be useful in the improvement of organizational outcomes. Originality/value The SEAL model is a simplified model that introduces principles of OD and has provided value to the business owners of this study.


2008 ◽  
Vol 28 (5/6) ◽  
pp. 179-192 ◽  
Author(s):  
Paul S. Lambert ◽  
Koon Leai Larry Tan ◽  
Kenneth Prandy ◽  
Vernon Gayle ◽  
Manfred Max Bergman

PurposeThis paper aims to present reasons why social classifications which use occupations should seek to adopt “specific” approaches which are tailored to the country, time period and gender of the subjects under study.Design/methodology/approachThe relative motivations for adopting a specific approach to social classifications are discussed and theoretical perspectives on specificity and empirical evidence on the contribution of specific approaches are reviewed. Also the practical costs of implementing specific social classifications are evaluated, and the authors' development of the “GEODE” data service (grid‐enabled occupational data environment), which seeks to assist this process, is discussed.FindingsSpecific approaches make a non‐trivial difference to the conclusions drawn from analyses of occupation‐based social classifications. It is argued that the GEODE service has reduced the practical challenges of implementing specific measures.Research limitations/implicationsThere remain conceptual and pragmatic challenges in working with specific occupation‐based social classifications. Non‐specific (“universal”) measures are adequate for many purposes.Practical implicationsThe paper argues that there are few excuses for ignoring specific occupation‐based social classifications.Originality/valueThe paper demonstrates that recent technological developments have shifted the balance in the long‐standing debate between universal and specific approaches to occupation‐based social classifications.


2017 ◽  
Vol 10 (3) ◽  
pp. 259-280 ◽  
Author(s):  
Martina Francesca Ferracane ◽  
Hosuk Lee-Makiyama

Purpose This paper aims to investigate China’s policy on digital trade with the objective to highlight the rationales behind such policy. Design/methodology/approach China’s policy on digital trade is assessed by analysing the main regulations imposed in the country in the period from 1985 to 2016 that have an impact on digital trade. Findings It was found that there are more than 70 measures imposed today that have a negative impact on digital trade. The measures are diverse and can be justified with several policy objectives, namely, industrial policy, public order and national security, and these support China’s fiscal and state-owned enterprise structure. Originality/value This paper analyses China’s policy on digital trade from a new perspective and provides insights on the rationales behind this policy.


2018 ◽  
Vol 46 (3) ◽  
pp. 137-146
Author(s):  
Aysun Bozanta ◽  
Birgul Kutlu

Purpose The purpose of this study is to figure out the visiting behaviors of the users who have different characteristics on Twitter. Design/methodology/approach The visit history of users who share their Foursquare check-ins on Twitter and the characteristics of visited venues (category, check-in count, tip count, like count, rating, and price tier) was collected with Foursquare API. In addition, the number of followers, friends, tweets and favorite-count were collected via Twitter API. First, users were clustered according to their Twitter related attributes. After that, profiling was applied on clusters according to the characteristics of the venues that were visited by the users. Findings Clustering analysis generated three clusters, namely, ordinary, talkative and popular. For each cluster, the visited venues were investigated according to the price classification, check-in, like, tip counts and the categories. The users in ordinary class prefer cheaper venues rather than talkative and popular users. On the other hand, popular users prefer the venues with the highest average number of check-ins, likes and tip counts. The top two categories for all clusters are cafe and shopping mall. Originality/value This study differentiates from the other studies in the literature by examining the data from Twitter with clustering and profiling these clusters with Foursquare data to understand venue preferences of Twitter users having various characteristics. The findings of this study will provide new insights for business owners to understand the customers more comprehensively and design better marketing strategies.


2019 ◽  
Vol 32 (5) ◽  
pp. 578-602 ◽  
Author(s):  
Cristina Fernandes ◽  
João Ferreira ◽  
Marta Peris-Ortiz

Purpose The purpose of this paper is to provide interested parties with the means of grasping how the literature on open innovation has evolved over the course of time. In this way, the authors furthermore contribute towards a better understanding, scaling and positioning of this field of research. Design/methodology/approach This study applies a combination of bibliometric techniques, such as citations, co-citations and social network analysis in order to map the scientific domain of open innovation. Currently, bibliometric analysis represents a methodology in effect on a global scale to evaluate the existing state of fields of research (Mutschke et al., 2011). This spans the application of quantitative and statistical analysis to publications such as articles and their respective citations and serving to evaluate the performance of research through returning data on all of the activities ongoing in a scientific field with summaries of these data generating a broad perspective on the research activities and impacts, especially as regards the researchers, journals, countries and universities (Hawkins, 1977; Osareh, 1996; Thomsom Reuters, 2008). Findings This research aims to map and analyse the intellectual knowledge held on open innovation. To this end, the authors carried out a bibliometric study with recourse to co-citations. Based on cluster and factorial analyses, it is possible identify and classify the several theoretical perspectives on open innovation across six areas: open innovation concept, open innovation and networks, open innovation and knowledge, open Innovation, and innovation spillovers, open innovation management and open innovation and technology. Originality/value This paper aims to map and analyse the intellectual knowledge held on open innovation.


2019 ◽  
Vol 18 (2) ◽  
pp. 71-75
Author(s):  
Robert Basso

Purpose This paper aims to put I-9 audit and its compliance into perspective for employers. The paper explains what an I-9 audit is, what it means for employers, who is responsible for maintaining its forms, types of businesses most targeted for I-9 audits, what happens when notified that one is being audited, what type and how much penalties does a business incur if it fails to comply, the difference between technical and substantive violations, factors that Immigration and Customs Enforcement considers for determining penalty amounts against employers, what businesses should do if targeted with I-9 audit, business owners’ I-9 audit rights and how to proactively avoid being targeted by an I-9 audit. Design/methodology/approach The content of this paper was generated through practical experience, interaction with corporate entities and HR staff members, as well as industry knowledge and observations. Findings Every audit is different. It should be expected that all details be examined closely. In the recent case of a business subjected to an I-9 audit, auditors closely examined details of sections 1 and 2 of the I-9 forms for all new hires but did not examine section 3 for re-hires. This reinforces the importance of employers keeping careful track of records for all new hires. All employee I-9 forms should be filed together in a binder or file folder separately from employees’ HR file. While re-hires were not examined, this is no excuse for not properly re-verifying and tracking this information. Originality/value This paper was developed because of the interactions with companies that are facing the issue of I-9 audits. The author developed his responses to help HR leaders and managers better understand and address the challenges as well as the process associated with I-9 audits.


2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Haomiao Zhang

PurposeThe purpose of this paper is to investigate China's employment stabilization policies in response to the coronavirus disease 2019 (COVID-19) pandemic and to discuss the accessibility of these policies in practice. In addition, by focussing on the problems and dilemmas encountered during the implementation of these policies, this paper proposes some future directions for reforming employment protection and social insurance to adapt to the changing employment structure and mode in China.Design/methodology/approachThe design and methodology of this paper utilises open sources and documentary materials on China's employment stabilization policies, employment protection and social insurance measures.FindingsThe employment stabilization policies/measures launched during the COVID-19 pandemic were formulated under an initial policy framework designed only for employees in a definite employment relationship and do not match the current employment structure and model. As a result, the accessibility of employment stabilization policies/measures is limited because some worker groups that are the most affected are not covered by the policies.Originality/valueThis paper provides timely analysis on the China's employment stabilization policies and evaluates the accessibility of these policies.


2015 ◽  
Vol 71 (3) ◽  
pp. 477-502 ◽  
Author(s):  
Helen Murphy ◽  
Pauline Rafferty

Purpose – The purpose of this paper is to explore relationships between social tagging and key poststructuralist principles; to devise and construct an analytical framework through which key poststructuralist principles are converted into workable research questions and applied to analyse Librarything tags, and to assess the validity of performing such an analysis. The research hypothesis is that tagging represents an imperfect analogy for the poststructuralist project. Design/methodology/approach – Tags from LibraryThing and from a library OPAC were compared and constrasted with Library of Congress Subject Headings (LCSH) and publishers’ descriptions. Research questions derived from poststructuralism, asked whether tags destabilise meaning, whether and how far the death of the author is expressed in tags, and whether tags deconstruct LCSH. Findings – Tags can temporarily destabilise meaning by obfuscating the structure of a word. Meaning is destabilised, perhaps only momentarily, and then it is recreated; it might resemble the original meaning, or it may not, however any attempt to make tags useful or functional necessarily imposes some form of structure. The analysis indicates that in tagging, the author, if not dead, is ignored. Authoritative interpretations are not pervasively mimicked in the tags. In relation to LCSH, tagging decentres the dominant view, but neither exposes nor judges it. Nor does tagging achieve the final stage of the deconstructive process, showing the dominant view to be a constructed reality. Originality/value – This is one of very few studies to have attempted a critical theoretical approach to social tagging. It offers a novel methodological approach to undertaking analysis based on poststructuralist theory.


Author(s):  
Rosa Caiazza

Purpose – The aim of the paper is to present a theoretical approach and an empirical analysis of factors affecting the spin-off creation, as although research on spin-off has increasingly received attention in recent years, few studies have focused on the main factors of the spin-off creation. Design/methodology/approach – Considering the exploratory nature of our research objectives, the Université Libre de Bruxelles cases were chosen to evidence macro-, meso- and microfactors that affect the university's ability to create a spin-off. Findings – Many factors that affect the spin-off creation were evidenced. Originality/value – A multilevel perspective for the spin-off analysis was offered.


2020 ◽  
Vol 18 (3) ◽  
pp. 405-413
Author(s):  
Ruth Tsuria

Purpose This paper aims to argue for the importance of considering religious and cultural background as informing participant's access and attitudes towards digital media. Design/methodology/approach The paper takes a socio-cultural theoretical approach. In terms of methodology, it refers to case studies based on discourse analysis of online content. Findings The paper argues that the online discourse in the case studies presented discourages women from using digital media for their own empowerment. Research limitations/implications Some limitation include that this research focuses only on a case study from Judaism. Future research should examine how other religious traditions impact internet access and uses. Originality/value The paper's contribution is in its novel inclusion of religion as an element of the digital divide.


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