Personal Jurisdiction Over The Internet: How International Is Today's Shoe

<p align="left"><span style="font-size: small;">With the advent of the Internet and the World Wide Web, a novel question of procedural law has taken the legal arena by storm: how do we effectively apply traditional concepts of personal jurisdiction to the seamless world of cyberspace? In a world where politically recognized territorial boundaries will typically lead the discussion into where a party may be haled into court as a result of its activities, the Internet presents us with an anomaly of that traditional principle. Courts are now being launched into the unchartered waters of cyberspace where the traditional concept of personal jurisdiction often finds itself lost at sea. </span></p

Consumer Trust in the Digital Environment

[Purpose] The objective of this paper is to study alternative dispute resolution mechanisms in both the electronic contracting of goods and/or services and interactive advertising. [Methodology/Approach/Design] The Spanish and European regulations will be analyzed in terms of regulation and self-regulation mechanisms. Self-regulation instruments are a suitable complement to current legal regulations. [Findings] Although disputes that may arise between consumers and businesses can be settled in court, the circumstances of cases involving e-commerce and interactive advertising may determine that the use of out-of-court instruments is appropriate. In this sense, self-regulation systems promote conflict prevention. In the event that it arises, it is about reaching a faster resolution than the courts of justice, cheaper and carried out by specialists in the matter. [Practical Implications] The implications of this investigation may be applicable to transactions of goods and services in general, to civil society and to the public sector. [Originality] This investigation demonstrates the convenience and significance of considering out-of-court dispute resolution mechanisms over conventional means, both in Spain and in the European Union. The self-regulation instruments are based on a Code of Conduct and an impartial and independent control body that applies it. Normally, codes of conduct are based on the application of different instruments for extrajudicial conflict resolution.[Purpose] The objective of this paper is to study alternative dispute resolution mechanisms in both the electronic contracting of goods and/or services and interactive advertising. [Methodology/Approach/Design] The Spanish and European regulations will be analyzed in terms of regulation and self-regulation mechanisms. Self-regulation instruments are a suitable complement to current legal regulations. [Findings] Although disputes that may arise between consumers and businesses can be settled in court, the circumstances of cases involving e-commerce and interactive advertising may determine that the use of out-of-court instruments is appropriate. In this sense, self-regulation systems promote conflict prevention. In the event that it arises, it is about reaching a faster resolution than the courts of justice, cheaper and carried out by specialists in the matter. [Practical Implications] The implications of this investigation may be applicable to transactions of goods and services in general, to civil society and to the public sector. [Originality] This investigation demonstrates the convenience and significance of considering out-of-court dispute resolution mechanisms over conventional means, both in Spain and in the European Union. The self-regulation instruments are based on a Code of Conduct and an impartial and independent control body that applies it. Normally, codes of conduct are based on the application of different instruments for extrajudicial conflict resolution.[Purpose] The objective of this paper is to study alternative dispute resolution mechanisms in both the electronic contracting of goods and/or services and interactive advertising. [Methodology/Approach/Design] The Spanish and European regulations will be analyzed in terms of regulation and self-regulation mechanisms. Self-regulation instruments are a suitable complement to current legal regulations. [Findings] Although disputes that may arise between consumers and businesses can be settled in court, the circumstances of cases involving e-commerce and interactive advertising may determine that the use of out-of-court instruments is appropriate. In this sense, self-regulation systems promote conflict prevention. In the event that it arises, it is about reaching a faster resolution than the courts of justice, cheaper and carried out by specialists in the matter. [Practical Implications] The implications of this investigation may be applicable to transactions of goods and services in general, to civil society and to the public sector. [Originality] This investigation demonstrates the convenience and significance of considering out-of-court dispute resolution mechanisms over conventional means, both in Spain and in the European Union. The self-regulation instruments are based on a Code of Conduct and an impartial and independent control body that applies it. Normally, codes of conduct are based on the application of different instruments for extrajudicial conflict resolution.[Purpose] The objective of this paper is to study alternative dispute resolution mechanisms in both the electronic contracting of goods and/or services and interactive advertising. [Methodology/Approach/Design] The Spanish and European regulations will be analyzed in terms of regulation and self-regulation mechanisms. Self-regulation instruments are a suitable complement to current legal regulations. [Findings] Although disputes that may arise between consumers and businesses can be settled in court, the circumstances of cases involving e-commerce and interactive advertising may determine that the use of out-of-court instruments is appropriate. In this sense, self-regulation systems promote conflict prevention. In the event that it arises, it is about reaching a faster resolution than the courts of justice, cheaper and carried out by specialists in the matter. [Practical Implications] The implications of this investigation may be applicable to transactions of goods and services in general, to civil society and to the public sector. [Originality] This investigation demonstrates the convenience and significance of considering out-of-court dispute resolution mechanisms over conventional means, both in Spain and in the European Union. The self-regulation instruments are based on a Code of Conduct and an impartial and independent control body that applies it. Normally, codes of conduct are based on the application of different instruments for extrajudicial conflict resolution

The course of lectures on discipline “Intellectual property” (for the 5 year students of the specialty 8.03060101 “Management”)

Затверджено на засіданні кафедри менеджменту інноваційної діяльності та підприємнцтва. Протокол No 1 від 27 серпня 2015 р. Рекомендовано методичною комісією факультету управління і бізнесу у виробництві ТНТУ імені Івана Пулюя. Протокол No 6 від 26 лютого 2016 р.У методичних вказівках, у відповідності до робочої програми, сформовано лекційний матеріал з дисципліни “Інтелектуальна власність” для іноземних студентів спеціальності 8.03060101 “Менеджмент організацій та адміністрування”.Методичні вказівки призначені для допомоги іноземним студентам при вивченні курсу “Інтелектуальна власність”. У методичних вказівках містяться загальні теоретичні відомості, необхідні до вивчення даного курсу. Рекомендовано для іноземних студентів спеціальності 8.03060101 “Менеджмент організацій та адміністрування” з метою закріплення, поглиблення і узагальнення знань, одержаних студентами за час навчання та їх застосування до комплексного вирішення конкретного фахового завдання із дисципліни “Інтелектуальна власність”. Складено з урахуванням робочої програми вивчення курсу, методичних розробок інших вузів, а також матеріалів літературних джерел, наведених у рекомендованій літературі

Music Aggregators and Intermediation of the Digital Music Market

This article demonstrates that, contrary to popular belief, the advent of the Internet has not made intermediaries in the music market obsolete. Individual artists and independent record labels who want to sell their music in digital music stores must deliver their records via third-party companies called music aggregators. Drawing on the concepts of new institutional economics, the article demonstrates that the emergence of music aggregators is a market response to the high level of transaction costs and bargaining asymmetry associated with selling digital music online. The conclusion suggests that the major music conglomerates may seek ownership links with music aggregators, leading to the emergence of vertically integrated companies, which may have profound consequences for cultural markets

Contracting with General Dental Services: a mixed-methods study on factors influencing responses to contracts in English general dental practice

Background: Independent contractor status of NHS general dental practitioners (GDPs) and general medical practitioners (GMPs) has meant that both groups have commercial as well as professional identities. Their relationship with the state is governed by a NHS contract, the terms of which have been the focus of much negotiation and struggle in recent years. Previous study of dental contracting has taken a classical economics perspective, viewing practitioners’ behaviour as a fully rational search for contract loopholes. We apply institutional theory to this context for the first time, where individuals’ behaviour is understood as being influenced by wider institutional forces such as growing consumer demands, commercial pressures and challenges to medical professionalism. Practitioners hold values and beliefs, and carry out routines and practices which are consistent with the field’s institutional logics. By identifying institutional logics in the dental practice organisational field, we expose where tensions exist, helping to explain why contracting appears as a continual cycle of reform and resistance. Aims: To identify the factors which facilitate and hinder the use of contractual processes to manage and strategically develop General Dental Services, using a comparison with medical practice to highlight factors which are particular to NHS dental practice. Methods: Following a systematic review of health-care contracting theory and interviews with stakeholders, we undertook case studies of 16 dental and six medical practices. Case study data collection involved interviews, observation and documentary evidence; 120 interviews were undertaken in all. We tested and refined our findings using a questionnaire to GDPs and further interviews with commissioners. Results: We found that, for all three sets of actors (GDPs, GMPs, commissioners), multiple logics exist. These were interacting and sometimes in competition. We found an emergent logic of population health managerialism in dental practice, which is less compatible than the other dental practice logics of ownership responsibility, professional clinical values and entrepreneurialism. This was in contrast to medical practice, where we found a more ready acceptance of external accountability and notions of the delivery of ‘cost-effective’ care. Our quantitative work enabled us to refine and test our conceptualisations of dental practice logics. We identified that population health managerialism comprised both a logic of managerialism and a public goods logic, and that practitioners might be resistant to one and not the other. We also linked individual practitioners’ behaviour to wider institutional forces by showing that logics were predictive of responses to NHS dental contracts at the dental chair-side (the micro level), as well as predictive of approaches to wider contractual relationships with commissioners (the macro level) . Conclusions: Responses to contracts can be shaped by environmental forces and not just determined at the level of the individual. In NHS medical practice, goals are more closely aligned with commissioning goals than in general dental practice. The optimal contractual agreement between GDPs and commissioners, therefore, will be one which aims at the ‘satisfactory’ rather than the ‘ideal’; and a ‘successful’ NHS dental contract is likely to be one where neither party promotes its self-interest above the other. Future work on opportunism in health care should widen its focus beyond the self-interest of providers and look at the contribution of contextual factors such as the relationship between the government and professional bodies, the role of the media, and providers’ social and professional networks. Funding: The National Institute for Health Research Health Services and Delivery Research programme

Collectivism and the Costs of High Leverage

Prior literature shows that high leverage is associated with losses in market share due to unfavorable actions by customers and competitors. Building on this literature, we investigate the effect of collectivism on the product market performance of highly leveraged firms. Using a sample of 46 countries over the 1989–2016 period, we find significantly lower costs of high leverage for countries with higher collectivism scores. Moreover, we find that the impact of collectivism on high leverage costs is more pronounced for firms with high product specialization and with financially healthy rivals. In additional analysis, we find that collectivism helps highly leveraged firms retain employees and obtain trade credit from suppliers. Our findings thus suggest that a country’s culture affects corporate financial outcomes by influencing the actions of firm stakeholders

The Legal Architecture of Virtual Stories: World Wide Web Sites and the Uniform Commercial Code

“Virtual Stores” on the Web raise a myriad of traditional legal controversies in a new forum: the “battle of the forms” among purchasers and sellers; jurisdictional concerns and conflict-of-law problems; and the enforceability of contracts. This wide-ranging article analyzes law regarding these issues, with particular emphasis on the U.C.C