scholarly journals The effectiveness of MiFID provisions for professional clients: a critical review

2019 ◽  
Vol 28 (1) ◽  
pp. 1-15
Author(s):  
Tom Loonen ◽  
Randy Pattiselanno

Purpose This paper aims to identify the duty of care that applies to ‘professionally classified clients’ based on the recently implemented Markets in Financial Instruments Directive II (MiFID II) as well as the previous Markets in Financial Instruments Directive I (MiFID I). The authors place critical notes on the effectiveness of some MiFID provisions. Design/methodology/approach The authors have reviewed the Delegated Acts of MiFID I and II, as well as Q&A’s of the European Regulator, ESMA and jurisprudence. The authors aim to add value by facilitating a discussion on the effectiveness of applicable MiFID provisions. Findings This review of the legal provisions provides researchers and practitioners in the investment sectors with a clear overview of the legal provisions detailing how these provisions should be met and how improvements to the provisions can be achieved. Practical implications This paper specifies what the provisions for professional classified clients are and facilitates a discussion on the effectiveness of these provisions. Originality/value Addressing the legal provisions which are applicable to ‘professional classified clients’ that derive from MiFID I and II and includes a critical analysis which offers an original perspective.

2019 ◽  
Vol 27 (1) ◽  
pp. 17-30
Author(s):  
Nataša Rupčić

Purpose The purpose of this paper is to discuss the possibilities of transcending individual, organizational and social problems through the prism of presence as suggested by Senge et al. (2012). Design/methodology/approach The paper is based on the critical review of previous contributions. Findings The idea of a learning organization seems romantic and elusive, as well as difficult to implement, especially when the definition by Senge (1990) is considered. At the same time, organizational and social complexity is increasing and resulting in numerous difficult or wicked problems. To reach integrative and transcending solutions, a change in perception and surrender to presence is key. Research limitations/implications Conclusions provided in the paper could benefit from further practice to corroborate the findings. Practical implications Suggestions for practitioners have been provided on how to solve personal, organizational and social problems on the basis of the paradigm shift and the shift in perception. Originality/value In this paper, the individual, organizational and social dimensions in terms of their intricacies are considered and solutions are offered that could simultaneously solve wicked problems on all three levels.


2016 ◽  
Vol 14 (1) ◽  
pp. 20-23 ◽  
Author(s):  
Richard Keeble

Purpose – This paper discusses the publication “Challenges to ethical publishing in the digital era”. Design/methodology/approach – It is a critical analysis of the paper built around two main arguments: the need to stress the positive in ethical debates; the critique of apolitical professionalism; the crucial need to stress the ties between politics and ethics. Findings – No finding — it was simply argument. Research limitations/implications – Provocative challenge to dominant ethical debates. Practical implications – The need to challenge the myths of professionalism. Originality/value – The need for the academe to embrace more the work coming out of the alternative public sphere.


2019 ◽  
Vol 33 (5) ◽  
pp. 1106-1115
Author(s):  
Laurie Field

Purpose The purpose of this paper is to assess the desirability and attainability of schools becoming learning organizations. Design/methodology/approach The paper presents a critical analysis based on a wide-ranging review of the “schools as learning organizations” literature. Findings The notion of learning organization applied to schools is fundamentally flawed. Most notably, schools as learning organizations are conceptualized in so many different ways that it is possible to claim almost anything; the political aspects of shared learning are inadequately handled; and poor quality scholarship is commonplace. Practical implications There are repeated claims in the educational improvement literature that that there are significant benefits for schools that become learning organizations and, as a result, school leaders should steer schools in this direction. However, this paper critically challenges these claims, concluding instead that schools and their leaders should ignore calls to become learning organizations. Originality/value Many scholars, together with agencies such as the OECD, have suggested that, for schools, the learning organization is both a desirable goal and an achievable endpoint. The value of this paper is that, for the first time, these claims are subjected to a comprehensive critical review, revealing them to be hollow rhetoric rather than attainable reality.


2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Andy Newton

PurposeReview of major policy paper in relation to the ambulance service [in England] efficiency and productivity with reference to observed “unacceptable variation”.Design/methodology/approachCritical review of ambulance service/EMS policy approach in England.FindingsLord Carter’s review describes failings in performance of UK ambulance service/EMS. However, the identified failings are essentially a repetition of many almost identical similar findings. There is a tendency of policy in respect of the ambulance service in England, as exemplified by Lord Carter’s report to consider analysis of the problem a more significant task that actually addressing the shortcoming defined.Research limitations/implicationsThis viewpoint comment piece is produced as a viewpoint with all the attendant limitations implied in this approach. However, it has been produced from an informed position.Practical implicationsChallenge to current UK ambulance policy. Previous repetitious finding need to be addressed definitively.Social implicationsThe efficiency of UK ambulance services/EMS is seriously impaired, and indeed these findings have been acknowledge previously. However, little by way of active remediation has been attempted. The current approach as exemplified in Lord Carter's recent review appears to ensure that analysis of the long- standing problems that exist is sufficient and possible preferable to active remediation and improvement.Originality/valueNo previous critical review of this type has been attempted (as it would be career-limiting).


2016 ◽  
Vol 32 (6) ◽  
pp. 15-18 ◽  
Author(s):  
Pauline Studer ◽  
Mark Thomas

Purpose According to the Irish writer, Oscar Wilde, a second marriage is the “triumph of hope over experience”. Many mergers and acquisitions (M&As) could be cast in the same light. This paper aims to outline four crucial questions senior managers should ask before embarking on a merger or acquisition. Design/methodology/approach This briefing is prepared by an independent writer who adds their own impartial comments and places the articles in context. Findings Repeated studies have found that more than 50 per cent of M&As destroy rather than create value. Companies wishing to embark upon a merger or acquisition should thus think carefully before signing and ensure that they have made an impartial and critical analysis of the price, financing of the deal, complementarity and the cultural differences between the two organisations. If senior managers did this systematically before popping the question, the business world would certainly see less heartbreak. Practical implications The paper provides strategic insights and practical thinking that have influenced some of the world’s leading organisations. Originality/value The briefing saves busy executives and researchers hours of reading time by selecting only the very best, most pertinent information and presenting it in a condensed and easy-to-digest format.


2019 ◽  
Vol 31 (1) ◽  
pp. 91-123 ◽  
Author(s):  
Finn Rieken ◽  
Thomas Boehm ◽  
Mareike Heinzen ◽  
Mirko Meboldt

Purpose Corporates have recently invested in company-owned makerspaces with the goal to skim the potential of makerspaces as innovation driver. The purpose of this paper is to introduce the first framework describing elements and the innovation-related impact on users of corporate makerspaces (CMSs). Design/methodology/approach The CMS framework is based on a critical review of 116 scientific articles on makerspaces and the embedding of the review findings into the corporate context. Findings A prototyping infrastructure, a community infrastructure and facilitators are proposed to be key elements of CMSs. Further, CMSs are suggested to have an impact on ideation, concept iteration during the innovation process and collaboration of its users. Research limitations/implications The framework on CMSs is based on a critical review of makerspace literature and not on empirical research data. Practical implications This paper sheds light on key elements and the expected innovation-related impact of a CMS on the users and thus contains useful information for corporate innovation management on how to plan, build and implement a CMS. Originality/value To the best of the authors’ knowledge, this paper is the first review of makerspace literature with focus on their elements and innovation-related impact. Additionally, the review provides the first academic definition of the growing phenomenon of CMSs and describes elements and the innovation-related impact of CMSs on its users in companies, which paves the way for further research on CMSs.


2020 ◽  
Vol 54 (3) ◽  
pp. 478-510
Author(s):  
Matteo Corciolani ◽  
Kent Grayson ◽  
Ashlee Humphreys

Purpose Cultural intermediaries define the standards many consumers use when evaluating cultural products. Yet, little research has focused on whether cultural intermediaries may systematically differ from each other with regard to the standards they emphasize. The purpose of this paper is to build on Bourdieu’s theory of cultural production to examine how the type of subfield reviewed and/or the cultural intermediary’s expertise (or “field-specific cultural capital”) affect the standards an intermediary uses. Design/methodology/approach This paper employed a computer-aided content analysis of the full corpus of “Rolling Stone” music album reviews (1967-2014). Findings Critics with lower field-specific cultural capital reflect the same logic as the subfield they are critiquing. Critics with higher field-specific cultural capital reflect the opposite logic. Research limitations/implications Bourdieu was ambivalent about whether cultural intermediaries will reflect the logic of a subfield. Results show that the answer depends on the intermediary’s field-specific cultural capital. The results also reinforce previous findings that individuals with high field-specific cultural capital are more likely to break with the logic of a field. Practical implications Not all intermediaries are created equal. Producers and consumers who rely on cultural intermediaries should understand the intermediary’s critical analysis within the context of his/her experience. Originality/value This is one of the first studies to examine how a cultural intermediary’s field-specific cultural capital impacts his or her work. The findings are based on a large review sample and include reviewers’ analyses as they developed from having lower to higher field-specific cultural capital.


2018 ◽  
Vol 4 (3) ◽  
pp. 193-204 ◽  
Author(s):  
Michael O’ Regan

Purpose The purpose of this paper is to deconstruct the backpacker label by reconstructing it using the historical antecedent of drifting. Following the deconstruction of backpacking’s near past, the author build a clearer conceptual foundation for backpacking’s future. Design/methodology/approach The study is framed by scenario planning, which demands a critical review of the backpacking and an appreciation of its history in order to understand its future. Findings Backpacking, ever evolving, remains difficult to articulate and challenges researchers to “keep up” with its complexity and heterogeneity. This paper argues that researchers must learn more about how backpacking “works” by opening a dialogue with its past, before engaging in further research. The paper finds that a poor conceptualisation of backpacking has led to a codification of backpacker criteria. Practical implications Backpacking remains a research topic which draws disparate researchers using criteria that produces disparate results and deviations. By understanding its past, researchers will be better placed to explore the emancipatory impulses that drive backpackers today and in the future. Originality/value This papers’ value lies in the retrospection process which explores backpacking’s near past so as to “make sense” of present research and present scenarios for it is the immediate future. The paper re-anchors backpacking by investigating the major historical, social and cultural events leading up to its emergence.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Roopanand Mahadew

Purpose The purpose of this study is to highlight and critically assess the salient features of the Worker’s Rights Act 2019 of Mauritius. Design/methodology/approach The various essential sections of the Act is assessed to underline the way they provide for an upgrade and progress in comparison with former labour legislation of Mauritius. The standards set by the International Labour Organisation are used as parameters to assess the salient features of the Act. Findings The new law puts the worker, as an individual human being, at the centre of the law and employment-related legal provisions have been designed accordingly. This law is an essential and much-needed shift from employer’s centred labour legislation to labour legislation that emphasises on rights of workers. Practical implications This study enables foreign and local employers and workers operating in Mauritius to understand and be acquainted with the new provisions on employment laws in force in the country. Originality/value This study is currently amongst the few available legal literatures on worker’s rights in Mauritius which adds to its originality. In addition, it is proposed as a building block on which further research on employment laws can be invited.


2019 ◽  
Vol 32 (4) ◽  
pp. 455-471
Author(s):  
Jorge Cruz-Cárdenas ◽  
Jorge Guadalupe-Lanas ◽  
Ekaterina Zabelina ◽  
Andrés Palacio-Fierro ◽  
Margarita Velín-Fárez ◽  
...  

Purpose The purpose of this paper is to understand in-depth how consumers create value in their lives using WhatsApp, the leading mobile instant messaging (MIM) application. Design/methodology/approach The study adopts the perspective of customer-dominant logic (CDL) and uses a qualitative multimethod design involving 3 focus groups and 25 subsequent in-depth interviews. The research setting was Ecuador, a Latin American country. Findings Analysis and interpretation of the participants’ stories made it possible to identify and understand the creation of four types of value: maintaining and strengthening relationships; improving role performance; emotional support; and entertainment and fun. In addition, the present study proposes a conceptual model of consumer value creation as it applies to MIM. Practical implications Understanding the way consumers create value in their lives using MIM is important not only for organizations that offer MIM applications, but also for those companies that develop other applications for mobile phones or for those who wish to use MIM as an electronic word-of-mouth vehicle. Originality/value The current study is one of the first to address the topic of consumer behavior in the use of technologies from the perspective of CDL; this perspective enables an integrated qualitative vision of value creation in which the consumer is the protagonist.


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