The National Collegiate Athletic Association as a Social-Control Agent: Addressing Misconduct Through Organizational Layering

2018 ◽  
Vol 32 (1) ◽  
pp. 53-71 ◽  
Author(s):  
Khirey B. Walker ◽  
Chad S. Seifried ◽  
Brian P. Soebbing

The present study focuses on the National Collegiate Athletic Association and cases of misconduct from 1953 to 2016 to examine evidence of organizational layering created by social-control agents. The historical method was employed and found wrongdoing may influence the creation of organizational layers to control and/or manage future behavior. Furthermore, the activities of the National Collegiate Athletic Association featured variation in centralization, formalization, and complexity through expanding horizontal; vertical (e.g., institutional, managerial, and technical); and spatial differentiations. Second, individual social-control agents impact future organizational policies and member behavior but social-control agents’ power may be challenged as an organization grows. Third, as a social-control agent, the National Collegiate Athletic Association struggled with assessing cases of misconduct, assigning sanctions in a timely manner and at a level to deter future wrongdoing. Finally, the present study offers several propositions connecting third-party regulators to the synergy between complexity (i.e., horizontal and vertical differentiations); formalization; and centralization.

2019 ◽  
Vol 5 (2) ◽  
pp. 100-109
Author(s):  
Maria Sarmento ◽  
Marlene Amorim ◽  
Marta Ferreira Dias ◽  
Mara Madaleno

Background: Innovation can result from progressive or significant changes to existing products leading to improvements in performance and user value. This is the type of innovation that is more easily perceived by the consumer, as it results in the creation of new products or the improvement of existing ones. Innovation in the Crafts Sector is a relevant topic to address market changes, and meet evolving consumer preferences. In this vein, artisans need to meet the calls for regularly investing in the design of new products and processes, with the purpose of achieving the sustainability of their business. Methods: This article addresses the existing calls for contextualizing the crafts sector and for fostering product innovation in this area, by investigating the barriers and problems faced by artisans, as well as by exploring existing experiences in overcoming them. The article builds on data collected in five European countries, under the scope of the Erasmus+ Project Craftsmanship+ “Fostering a New and Competitive Approach to Crafts and Semi Industrial high added-value sectors”1. Results and Conclusion: The aim is to analyze the importance of the crafts sector in a European context. This article contributes in a timely manner to the understanding of the crafts sector by paying attention to the obstacles that artisans face in order to ensure the sustainability of their business by introducing product innovation into their organization and/or market. This study offers a collection of innovation experiences in realities that are very significant for territorial identity, and thus aims to provide an incentive for further research.


Author(s):  
Charles Roddie

When interacting with others, it is often important for you to know what they have done in similar situations in the past: to know their reputation. One reason is that their past behavior may be a guide to their future behavior. A second reason is that their past behavior may have qualified them for reward and cooperation, or for punishment and revenge. The fact that you respond positively or negatively to the reputation of others then generates incentives for them to maintain good reputations. This article surveys the game theory literature which analyses the mechanisms and incentives involved in reputation. It also discusses how experiments have shed light on strategic behavior involved in maintaining reputations, and the adequacy of unreliable and third party information (gossip) for maintaining incentives for cooperation.


Author(s):  
Ben Jackson ◽  
Genevieve Joy

Mahindra Firstchoice illustrates the process of ecosystem orchestration in the context of the second-hand car market in India. It describes how Mahindra Firstchoice mapped the ecosystem in relation to six key parties—consumers who were buyers, consumers who were sellers, car manufacturers, independent used-car dealers, independent car service workshops, and banks. It then identified the bottlenecks and ‘pain points’ that afflicted the six parties. The used-car market did not function properly because of lack of trust, information, and transparency and Mahindra Firstchoice worked with the parties to identify solutions to the market failures. These involved, amongst other things, the creation of third-party car inspection services, the establishment of a multi-brand car-dealer franchise, a warranty system, a bluebook of second-hand prices and transactions, and a car diagnosis and repair system.


2021 ◽  
Vol 11 (1) ◽  
pp. 125-149
Author(s):  
Artemii Bernatskyi ◽  
Vladyslav Khaskin

The paper is devoted to the analysis of the history of the creation of the laser as one of the greatest technical inventions of the 20th century. This paper focuses on establishing a relation between the periodization of the stages of creation and implementation of certain types of lasers, with their influence on the invention of certain types of equipment and industrial technologies for processing the materials, the development of certain branches of the economy, and scientific-technological progress as a whole. In preparing the paper, the generally accepted methods, which are widely used in the preparation of historical research works, have been applied: the historical method – for the study and interpretation of the texts of primary sources and the search for other evidence used for research, as well as for the presentation of historical events associated with the development of laser technology; the historical-genetic method – for studying the genesis of specific historical phenomena and analyzing the causality of changes in the development of laser technology; the historical-critical method – for displaying cause-and-effect relationships, reconstructing events that influenced the development of laser technology; the method of historical periodization. The variety of different possible options for the use of lasers did not allow placing all the collected materials within the framework of one paper, and therefore, the authors have decided to dwell on the facts, which, in the opinion of the paper’s authors, are the most interesting, significant, poorly studied, and little known. The paper discusses the stages of: invention of the first laser; creation of the first commercial lasers; development of the first applications of lasers in industrial technologies for processing the materials. Special attention is paid to the “patent wars” that accompanied different stages of the creation of lasers. A comparative analysis of the market development for laser technology from the stage of creation to the present has been carried out. It has been shown that the modern market for laser technology continues to develop actively, as evidenced by the continued stable growth of laser sales over the past 10 years. This indicates that the demand for laser technology is inextricably linked with the development of high technology production and scientific-technological progress. The analysis has shown that recently, the trends in the use of laser technology have changed; in particular, their industrial and medical applications are decreasing, while there is an increase in their use in the fields of sensor production and communication.


Jurnal Akta ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 211
Author(s):  
Magmun Migfar ◽  
Amin Purnawan

ABSTRAKDalam memberikan kredit, Perusahaan Pembiayaan wajib mempunyai keyakinan didasarkan pada unsur perinsip kehati-hatian biasa di kenal dengan 5C, yaitu terdiri dari character (watak), capacity (kemampuan), capital (modal), collateral (jaminan), dan condition of economic (kondisi ekonomi).Di dalam penelitian penulis membuat rumusan masalahanuntuk mengetahui tanggung jawab para pihak dalam pembutan akta jaminan fidusia pada Notaris dan penyelesaian sengketanya apabila debitur mengalihkan objek jaminan fidusia tanpa persetujuan tertulis oleh pihak PT. Bussan auto Finance (BAF) Rembang.Penelitian ini merupakan penelitian yang bersifat diskriptif dan apabila dilihat dari tujuannya teremasuk penelitian hukum empiris. Lokasi penelitian di PT. BAF Rembang. Jenis data yang digunakan meliputi data primer dan data sekunder. Teknik pengumpulan data yang dipergunakan yaitu melalui penelitian kepustakaan dan wawancara. Analisis data menggunakan kualitatif analitis.Berdasarkan hasil penelitian dapat diketahui dalam perjanjian pembiayaan antara kreditur dan debitur saling mengikatkan diri, debitur harus membaca dan memahami surat perjanjian pembiayaan, sebelum melakukan kesepakatan sengan Leasing, setelah menandatangi perjanjian pembiayaan, debitur harus memenuhi kewajiban membayar angsuran secara tepat waktu sesuai dengan besaran dan tanggal yang telah disepakati, kemudian timbulah hak dan kewajiban supaya jangan sampai ada konflik atau kesalah pahaman yang bias merugikan debitur dikemudian hari.Dalam hal benda jaminan yang menjadi objek jaminan fidusia dialihkan kepada pihak ketiga berlaku asas drot de suite, kreditur tetap dapat mengeksekusi benda jaminan tersebut di tangan siapaun benda tersebut berada. Pengalihan benda yang menjadi objek jaminan fidusia pada pihak ketiga dan seterusnya tidak menghalangi hak kreditur untuk tetap mengeksekusi benda jaminan fidusia tersebut. Memang dalam peneyelesain sengketa benda jamian fidusia di PT BAF Rembang masih mengedepankan cara musyawarah dahulu akan tetapi jika PT BAF Rembang berpedoman pada POJK No.29/POJK.05/2014 Tentang Penyelenggaraan Usaha Perusahaan Pembiayaan dan perlu adanya pendampingan dai pihak kepolisian maka akan sangat mudah dan mungkin untuk mengatasi debitur yang nakal.Kata kunci : Debitur, Kreditur, Eksekusi Benda Jaminan Fidusia.           ABSTRACTIn granting credit, a Financing Company must have confidence based on the usual principle of prudence known as 5C, which consists of character, capability, capital, collateral and condition of economic ( economic conditions). In the study the authors make the formulation of the problem to know the responsibility of the parties in the fiduciary guarantee certificate pembutan notary and settlement of disputes if the debtor divert the fiduciary guarantee object without written approval by the PT. Bussan auto Finance (BAF) Rembang.Penelitian is a descriptive study and when viewed from its purpose including research empirical law. Research location at PT. BAF Rembang. Types of data used include primary data and secondary data. Data collection techniques used are through literature research and interviews. Analytical data use qualitative analytical.Based on the results of the research can be known in the financing agreement between the creditor and the debtor bind each other, the debtor must read and understand the letter of financing agreement, before making leasing agreement, after signing the financing agreement, the debtor must meet the obligation to pay installments in a timely manner in accordance with the amount and date which has been agreed, then arise rights and obligations so that there will be no conflicts or misunderstandings that bias detrimental to the debtor in the future. In the event that the collateral object becomes the object of fiduciary guarantee transferred to a third party applies the principle of drot de suite, the lender can still execute the guarantee object in the hands of whoever the object is located. The transfer of objects which become the object of fiduciary collateral to a third party and so on shall not preclude the right of the creditor to keep executing the fiduciary assurance object. Indeed, in peneyelesain dispute fiduciary jamian objects in PT BAF Rembang still put forward the first musyawarah way but if PT BAF Rembang based on POJK No.29 / POJK.05 / 2014 About the Implementation of Financing Company Business and the need for assistance from the police then it will be very easy and possibly to deal with naughty debtors.Keywords: Debtor, Creditors, Execution of Fiduciary Guarantee Items.


2019 ◽  
pp. 434-467
Author(s):  
Martin George ◽  
Antonia Layard

An easement is a form of third party right that allows one to enjoy the benefits of land ownership. Some examples of such rights are rights of way, rights of light, the right to use a washing line on a neighbour’s land, the right to use a neighbour’s lavatory, and the right to park a car on another person’s land. The easement must exist for the benefit of land and cannot exist in gross. The rule that an easement cannot exist in gross has been a controversial subject. This chapter, which explores the nature of easements and considers their related concepts such as natural rights, public rights, restrictive covenants, and licences, also discusses legal and equitable easements, the creation of easements, and proposals for reform of the law on easements.


Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter explores the defences against pre-existing property rights that are available to a purchaser of registered land. It is concerned with priority rules in registered land. The LRA 2002 offers a distinct set of priority rules for one category of transaction: a registrable disposition of a registered estate for valuable consideration. The chapter analyses the priority rules applicable to such transactions, including the effect of limitations on owner's powers, entry of a land registry notice and the category of ‘overriding interests’, in relation to which there is no defence. The chapter concludes by examining the policy of the LRA 2002 to transactions that are tainted by fraud or wrongdoing that is not such as to invalidate the transaction. Such transactions may result, under the general law, in the imposition of personal liability on the registered proprietor, or the creation of new direct rights in favour of a third party.


2020 ◽  
Vol 6 ◽  
pp. 237802312094871
Author(s):  
Diane Felmlee ◽  
Daniel DellaPosta ◽  
Paulina d. C. Inara Rodis ◽  
Stephen A. Matthews

The authors use the timing of a change in Twitter’s rules regarding abusive content to test the effectiveness of organizational policies aimed at stemming online harassment. Institutionalist theories of social control suggest that such interventions can be efficacious if they are perceived as legitimate, whereas theories of psychological reactance suggest that users may instead ratchet up aggressive behavior in response to the sanctioning authority. In a sample of 3.6 million tweets spanning one month before and one month after Twitter’s policy change, the authors find evidence of a modest positive shift in the average sentiment of tweets with slurs targeting women and/or African Americans. The authors further illustrate this trend by tracking the network spread of specific tweets and individual users. Retweeted messages are more negative than those not forwarded. These patterns suggest that organizational “anti-abuse” policies can play a role in stemming hateful speech on social media without inflaming further abuse.


2003 ◽  
Vol 57 (2) ◽  
pp. 337-372 ◽  
Author(s):  
Virginia Page Fortna

In the aftermath of war, what determines whether peace lasts or fighting resumes, and what can be done to foster durable peace? Drawing on theories of cooperation, I argue that belligerents can overcome the obstacles to peace by implementing measures that alter incentives, reduce uncertainty about intentions, and manage accidents. A counterargument suggests that agreements are epiphenomenal, merely reflecting the underlying probability of war resumption. I test hypotheses about the durability of peace using hazard analysis. Controlling for factors (including the decisiveness of victory, the cost of war, relative capabilities, and others) that affect the baseline prospects for peace, I find that stronger agreements enhance the durability of peace. In particular, measures such as the creation of demilitarized zones, explicit third-party guarantees, peacekeeping, and joint commissions for dispute resolution affect the duration of peace. Agreements are not merely scraps of paper; rather, their content matters in the construction of peace that lasts.


2019 ◽  
Vol 18 (18) ◽  
pp. 73-88
Author(s):  
Yuanmei Lian

Introduction. Given article considers R. Schumann’s “Zwei Venetianische Lieder” / “Two Venetian Songs” (ор. 25, №17–18) on poems by T. Moore, in F. Freiligrath translation. Often the creation of the Venice ambience in art works was due to trips and impressions on this city. In 1829, R. Schumann, as a student of Heidelberg University, went on a trip to Switzerland and Italy during his study vacation. One of the cities on the travel map was Venice. R. Schumann “resurrected” the city ambience only eleven years after in the “Zwei Venetianische Lieder” (“Two Venetian Songs”), which became part of the song cycle “Myrthen” (1840). How do these two vocal miniatures, that are one of the first in the composer’s vocal creativity, reflect the individual style of his writing? Do they correlate with the nature of the “true” Schumann, who is known for his famous works, such as the cycle “A poet’s Love”? Objective. The purpose of the article is to comprehend composer methods of Venice image embodiment in “Zwei Venetianische Lieder” in the context of creative tradition of the Austro-German romantic song. Methods used in the research: 1) historical method, allowing to comprehend the selected material in the perspective of the development of Austro-German song of the 19th century; 2) intonational method, which involves the study of vocal melody in terms of melodic reactions to figurative content; 3) genre method, caused by the features of chamber vocal lyrics; 4) stylistic method, corresponding to a specific opus consideration in the general context of the composer’s creative work. The results of the study. “Zwei Venetianische Lieder” were grown up in the artistic climate of its era. The popularity of traveling in the circles of well-educated youth was a practical realization of spiritual impulses and the inner need to push the boundaries of the information space for awareness of the nature of self-own identity through a meeting with a different culture and worldview. Italy, and the entire Mediterranean areal, as the cradle of the Christian humanist culture, was a center of attraction for the German romantics. The creation of the artistic and aesthetic archetype of Italy and Venice by J. W. Goethe in “Italian Travels” and “Epigrams” has created a tradition of perception these themes not only in German literature, but also in music. R. Schumann was one of the first to respond to this creative idea. He was also the first among German composers to turn to the “poetic” Venice of the Englishman Thomas Moore and initiated the appearance of a series “Venetianische Lieder” in Austro-German music of the 19th century. A number of authors were involved in the creation of this series – F. Mendelssohn Bartholdi, A. Fesca, С. Dekker, and others. The melancholic mood of the many “Venetianisches Gondellied” written by German composers was the result of the process of mythologizing the image of Venice. The creative people (poets, writers, composers, painters) were involved in this process. They perceived this city through the prism of artistic relations, associations, and sought in its canonical symbols (channels, gondolas, sea, mirror, mask) new semantic dimensions, means of the expression of self-reflection. “Zwei Venetianische Lieder” from the song cycle “Myrthen” by R. Schumann stand apart on this list as not only the first, but also as the works distinguished by its originality. 1840 year is considered as the “song year” in the composer’s work. In this year 138 songs and the best of song cycles were written by the composer: “Liederkreis” ор. 24, “Myrthen” ор. 25, “Liederkreis” ор. 39, “Frauenliebe und Leben” ор. 42, “Dichterliebe”, ор. 48. After the “piano decade” (1829–1839) Schumann’s appeal to the song came a surprise, in particular, for the author himself. This led to the change in his musical aesthetics, to the revision of the hierarchy entrenched in the consciousness, about the primacy of music over other arts and the instrumental music over the vocal. Although the cycle “Myrten” op. 25 (1840) is one of the first in the vocal works by R. Schumann, it is distinguished by the maturity of style writing. R. Schuman’s psychological sensitivity to the poetic word is conveyed in the intonational nature of the songs, careful selection of harmonic means, finely tuned tonal plans that can emphasize both, contemplation and rebelliousness. Musical and poetic integrity is also ensured by the increased importance of the accompaniment and the piano part in whole that include the expressive instrumental introductions and postludes aimed at revealing of an image. Conclusion. The study of R.Schumann’s “variations” on Thomas Moore’s “Venice” as a separate scientific topic makes it possible to realize the scale of the creative competition established by the outstanding composer in his “Zwei Venetianische Lieder” from the vocal cycle “Myrthen”.


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