Cyberstalking: are we on the same (web)page? A comparison of statutes, case law, and public perception

2017 ◽  
Vol 9 (2) ◽  
pp. 83-94 ◽  
Author(s):  
David DeMatteo ◽  
Suraji Wagage ◽  
Jaymes Fairfax-Columbo

Purpose As society becomes more technology oriented, cyberstalking is becoming an increasing concern. The purpose of this paper is to compare US state and federal statutory and case law to a survey of public perception of cyberstalking to examine if cyberstalking laws reflect public opinion. Design/methodology/approach A national sample of 303 participants ranging in age from 18 to 69 years (M=33.35, SD=10.45) completed a novel cyberstalking survey and demographic questionnaire. The survey encompassed participants’ perceptions about the scope of cyberstalking as a crime, views on punishment of cyberstalking, and behaviors they have engaged in online or experienced from others that could constitute cyberstalking. Findings Findings indicated numerous areas of disagreement between public perception and statutory case law, such as a public preference that cyberstalking be treated as a separate offense from stalking, that a threat of violence is not required for behavior to constitute cyberstalking, and that there should be a private civil cause of action for cyberstalking. Findings also indicated that a substantial minority of participants had engaged in or been the victim of cyber actions that could be considered cyberstalking, and that the public preferred sanctions other than incarceration for cyberstalking. Originality/value This is the first study to examine whether cyberstalking policy in the USA reflects public perception of cyberstalking.

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Robert Smith ◽  
Lorraine Warren

PurposeHumour and, in particular, jokes have received little serious academic scrutiny in the entrepreneurship literature to date. To address this, the purpose of this paper is to examine publicly available jokes about entrepreneurs to establish what such jokes tell us about how humour, particularly entrepreneur jokes shapes public perceptions of entrepreneurial identity. This is important because humour may be an integral part of an individual's entrepreneurial identity. The authors thus contribute to understandings of the complex nature of entrepreneurial identity and how public perceptions of humour influence such by encapsulating negative public perception of entrepreneurs which may act as a de-legitimisation mechanism.Design/methodology/approachFrom a representative sample of entrepreneur jokes located on the web using netnographic techniques, the authors apply a multi-disciplinary framework to analyse the material and its messages to establish how such jokes shape public perceptions.FindingsThe findings suggest that jokes convey a pejorative message about how entrepreneurs are perceived by the public with the content and message of the jokes being negative and derogatory. Common themes contained in the punchlines include – criminality, greed, dishonesty, hubris, stupidity, misfortune, ridicule and deviousness – all of which may de-legitimise generic entrepreneurial identity. In the process, the authors uncovered liminal aspects of joke telling and consumption in that the perception of jokes about entrepreneurs relate to the time and context in which the joke is told given that situational cleverness is a key facet of such jokes. In addition, the authors discuss variations across jokes.Research limitations/implicationsThe authors discuss learning outcomes for future research and potential future studies into humour in an entrepreneurial context.Originality/valueThis study places humour and joking on the research stage, making an incremental contribution. The authors add to the literature on the use of entrepreneurial humour and in particular in relation to how jokes influence public perception of entrepreneurs. From the data collected, the authors develop some fresh insights into the variation and range of entrepreneurship related jokes accessible online.


2018 ◽  
Vol 21 (2) ◽  
pp. 98-112
Author(s):  
Mary Eleanor Rawlings Wickersham ◽  
Robert Yehl

Purpose The tenuous financial viability of many of Georgia’s rural hospitals has driven increased scrutiny of the hospital authorities (HAs) that own and govern them. HAs are a type of “special district” established in state law to allow for specialization of function, while evading statutes that can limit local government borrowing and multi-year contracts. The paper aims to discuss this issue. Design/methodology/approach This paper uses a case example to introduce transparency and accountability in one local Georgia hospital and expands to include a descriptive analysis of transparency measures in 29 rural Georgia HAs. Findings Findings indicate that, like many other special districts in Georgia and the USA, Georgia’s rural HAs often act more like private entities than the public organizations they are. The lack of transparency demonstrated in this sector limits access to public information and reduces opportunities for citizen engagement, a necessary component of representative institutions. Research limitations/implications This case study is limited to Georgia HAs; however, the data support the lack of accountability and transparency found in many special district governments. Originality/value The lack of transparency in all of the organizations reviewed in this study demonstrates blurred lines between between public matters and private interests and raises questions of transparency, a key value in democracies.


Info ◽  
2015 ◽  
Vol 17 (2) ◽  
pp. 1-15 ◽  
Author(s):  
Fuat Oğuz

Purpose – This paper aims to study the historical origins of margin squeeze cases in the USA and Europe. Design/methodology/approach – The author compares and contrasts major margin squeeze investigations in the USA and the European Union (EU) in terms of the role of efficiency and fairness and shows their roots in the socialist calculation debate of the 1940s. Findings – It was found that the USA and EU diverge in their approaches towards margin squeeze claims. While the USA case law focuses more on efficiency, the European Commission makes decisions based more on fairness and “protection of rivals”. This shows that political and ideological preferences influence legal decision-making. Research limitations/implications – The paper is limited to major cases in telecommunications. It leaves aside cases in other areas. Thus, the author cautions that the generalization of the findings of the paper to all margin squeeze cases, or competition policy in general, may be difficult. Originality/value – While there is extensive literature on margin squeeze cases in the USA and EU, there is little work on the historical and ideological connections. The paper contributes to the literature by drawing attention to political influences over technical decisions.


2020 ◽  
Vol 27 (1) ◽  
pp. 217-230
Author(s):  
Ehi Eric Esoimeme

Purpose This paper aims to critically analyse the existing framework on assets tracing and recovery in Nigeria. It will thereafter provide analysis of the asset and recovery measures of advanced countries such as the USA and the UK. The results from the analysis will yield maximum insight and help the Nigerian Government to make better policies and laws on assets tracing and recovery. Design/methodology/approach This paper will rely on primary and secondary data drawn from the public domain. It will also rely on documentary research. Findings This paper determined that the Nigeria asset recovery scheme is likely to be more effective if Nigeria adopts the approach of the UK and the USA. Research limitations/implications This paper will suggest new ways for assets tracing and recovery. The suggested approaches/methods are being used in advanced countries such as the UK and the USA. Originality/value Previous research papers have extensively discussed the problems faced with assets tracing and recovery from a prohibitive and investigative standpoint. This paper will discuss the topic from a preventive standpoint with little focus on investigative mechanisms.


2018 ◽  
Vol 21 (3) ◽  
pp. 340-344
Author(s):  
Stefan D. Cassella

Purpose Civil forfeiture is an increasingly common way for governments to relieve criminal wrongdoers of the proceeds of their crimes and to restore the property to the victims of the offense. The question that is asked, however, is this: Is civil forfeiture an essential tool that is needed to fill a gap in the arsenal of weapons available to law enforcement or is it a prosecutorial shortcut that allows cases to be closed without obtaining the evidence needed to obtain a criminal conviction in cases that should be prosecuted criminally. The answer is that it is both. When properly used, civil forfeiture is an essential tool that provides a means of recovering property, but it is a tool that can also be used to save time and money even though the investment of those resources in bringing a criminal to justice would better serve the public interest. The aim of this paper is to show why this is so. Design/methodology/approach Analysis of the use of civil forfeiture in the USA. Findings Civil forfeiture is an essential law enforcement tool. Originality/value While undeniably an essential law enforcement tool, civil forfeiture is sometimes used as a shortcut to conserve resources.


2020 ◽  
Vol 38 (5) ◽  
pp. 627-642
Author(s):  
Zafirah Al Sadat Zyed ◽  
Mun Yee Yong ◽  
Peter Aning Tedong

PurposeDrawing from available literature and several case studies, this research aims to determine the criteria to be considered in shaping a framework regulating Airbnb. This paper will identify the regulatory frameworks of Airbnb from an international perspective and investigate the public perception on the criteria to be considered in shaping the framework regulating Airbnb. The criteria needed to be considered to regulate Airbnb are suggested accordingly.Design/methodology/approachA quantitative approach based on central tendency statistics was adopted in this research. Questionnaires were administered to the public to investigate the public's opinion on the criteria to be considered to regulate Airbnb. Finally, the criteria to be considered to regulate Airbnb will be determined. By using the mean analysis, this paper will tease out the ranking of the criteria that should be prioritized in shaping the Airbnb regulatory framework.FindingsThe results indicated that the criteria of “permits and safety” and “housing rules enforcement” outweigh the other “taxes” and “rule enforcement” criteria and shall be prioritized by the local authorities during the formation of Airbnb regulations in Malaysia.Originality/valueThis paper provides valuable pointers for policymakers before the expansion of Airbnb and before it becomes more difficult to regulate.


2015 ◽  
Vol 32 (7) ◽  
pp. 542-550 ◽  
Author(s):  
Makoto Ono ◽  
Akinori Ono

Purpose – This study aims to examine the various effects of two licensing factors – health claims and “FoSHU seal”, which can be appeared on packages only with permission. In the Food for specified health uses (FoSHU) system, Japanese Government controls all health claims on packages of food products for the first time in the world. Design/methodology/approach – In Study 1, the authors investigate the signaling effects of the two licensing factors with a 2 (health claims: yes/no) × 2 (FoSHU seal: yes/no) factorial design. Then, in Study 2, the authors investigate the external effects on alternative brands with a 2 (package of the non-FoSHU brand: similar/dissimilar to the FoSHU brand) × 2 (presentation of the FoSHU brand: yes/no) design. Findings – The results show that food evaluations are affected by the FoSHU seal, indicating that, with the symbolic mark, FoSHU foods can be successfully differentiated from non-FoSHU foods. In contrast, food evaluations are not affected by health claims – health claims have external effects on evaluations of non-FoSHU products in the category if both FoSHU and non-FOSHU products have a similar package. Originality/value – Although there are many studies regarding the impacts of health claims on food evaluations, they have assumed only US regulatory system and, therefore, have not examined the effects of licensing marks. Also, because Japanese approval system is dissimilar to US regulatory system, the effects of health claims in Japan are different from those in the USA. By analyzing various effects of Japanese system on consumer evaluation of food healthiness, this study contributes to a better understanding of the impacts of the public policy and food marketing on consumer behavior.


Author(s):  
T.K. Vinod Kumar

Purpose – The purpose of this paper is to examine the factors that impact assessment of police performance across the two types of policing methods, and explains the differing police public dynamics at the field level. Design/methodology/approach – This paper examines the varying police public dynamics in areas with and without community policing. For this purpose data were obtained from a survey conducted in the City of Calicut where the Janamaitri community policing program was implemented in some of the police stations. To obtain a contrasting perspective in areas without community policing, survey was also conducted in areas where community policing was not conducted. The method adopted in this study is to map people's perception of police performance and factors impacting it across the two areas and compare the same. The comparison is done by examining the OLS regression in the two areas with same independent and dependent variables, and explaining similarities and contrasts in trends. Findings – It concludes that while community policing has great advantages over conventional policing, it has the challenge of increasing expectation among the public and diminishing impact of certain factors that are relevant in conventional police service delivery mechanisms. Originality/value – There is one of the first studies comparing and analyzing the differing police public dynamics in areas with community policing and areas with conventional policing. It provides an insight into how public perception of police is formed in these differing environments.


2016 ◽  
Vol 24 (4) ◽  
pp. 383-401 ◽  
Author(s):  
John Turner ◽  
Gerard Hughes ◽  
Michelle Maher

Purpose This paper aims to analyze how the administrative structure of pension regulators affects regulatory capture or regulatory influence. It uses a historical institutionalist methodology to analyze regulatory capture. Design/methodology/approach The authors argue that the less complex allocation of regulatory authority in Ireland makes it more susceptible to regulatory capture or regulatory influence by the regulated industry than in the USA. Also, it is argued that stand-alone agencies are more susceptible to regulatory capture than are agencies that are embedded within larger departments of government. The authors present a five-step process in regulatory capture, with the later steps being used by the regulated industry if the earlier ones have failed. Findings The authors find that if the regulated industry has difficulty achieving regulatory capture through influencing the executive branch of government, it can also attempt to influence the legislative and judicial branches, as evidenced by a regulatory episode the USA has recently completed. Ireland has also recently completed reforms that may make regulatory capture more difficult. With a complex regulatory structure including overlapping authority as in the USA, when one agency has been strongly influenced by the regulated industry, another agency may take action to protect the public. Originality/value The paper presents international evidence as to the effect of the administrative structure of regulators on regulatory outcomes. It tests a hypothesis that the more complex, overlapping allocation of regulatory authority in the USA makes it less susceptible to regulatory capture.


2017 ◽  
Vol 59 (6) ◽  
pp. 1126-1142 ◽  
Author(s):  
David Balaban Lewis

Purpose The Public Interest Disclosure Act 1998 (PIDA 1998) was the model for South Africa’s Protected Disclosures Act 2000 and has been regarded as an exemplary piece of legislation in debates in other countries, for example, the Netherlands, New Zealand and some Australian states. However, in the light of international developments since PIDA 1998 came into force, in particular the principles contained in the Council of Europe Recommendation and the enactment of more sophisticated statutes elsewhere, it is contended that the UK legislation is no longer fit for purpose. The purpose of this article is to make suggestions for reform in the light of developments elsewhere. Design/methodology/approach This paper assesses the operation of PIDA 1998 (as amended) in the light of the case law and empirical research. Findings The paper makes detailed suggestions for reform in relation to both the law and practice of whistleblowing. Research limitations/implications The paper focuses on the main issues raised by the UK whistleblowing provisions. It has implications both nationally and internationally. Practical implications It is hoped that the recommendations will provoke thought about legislative reforms and changes in management practices. Social implications If the reforms suggested in the paper are enacted, it is expected that workers will be more confident about raising concerns about wrongdoing. This should benefit society generally in that economic inefficiencies can be dealt with and citizens can enjoy greater freedom of speech. Originality/value This review of the UK legislation over 19 years should be of value to academics, students, legal and management practitioners both at home and abroad.


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