Mismatch: The Misuse of Market Efficiency in Market Manipulation Class Actions

Plaintiffs commonly bring two distinct types of claims under Section 1(b) of the Securities Exchange Act of 1934: 1) claims of material misrepresentations or omissions; and 2) claims of trade-based market manipulation. Despite the distinctive features of the two types of claims, courts have tended to treat them identically when applying the “fraud on the market” doctrine. In particular, courts have required both types of plaintiffs to make identical showings that the relevant security traded in an “efficient market” in order to gain a presumption of reliance. The reasons for requiring such a showing by plaintiffs in a misrepresentation case are, however, inapplicable in market manipulation cases. Plaintiffs alleging market manipulation should not be required to demonstrate an efficient market in order to benefit from the fraud on the market doctrine’s presumption of reliance. If plaintiffs are made to make any showing at all, it should be a showing of loss causation

Harbored: Like Museums, Videogames Aren\u27t Neutral

The following is comprised of: (1) an analysis of scholarship and contemporary works regarding videogames and museums that demonstrate the theory and method behind this project, (2) research regarding an historic maritime event that will serve as the subject matter for the proposed videogame, and (3) a conclusion that summarizes the game design. The historical research at the heart of this project surrounds the SS Quanza, a steamship that in September of 1940 carried Jewish refugees from Portugal to the US and Mexico only to be faced with the possibility of a return trip to Nazi Europe. Elevating the voices of the Quanza’s refugees and their advocates exposes a lack of a maritime perspective in Holocaust studies broadly, as well as, demonstrates a popular and empathetic regard for those fleeing Nazi Europe. Comparing videogames and museum exhibitions provides invaluable insights that are new to both game studies and museum studies. This endeavor suggests that game space and exhibit space have many similarities and that museum visitors and gamers are not dissimilar. We can consider videogames to be cultural and social artifacts in the likeness of museum collections. Gamers and museum visitors are likely to be the same audience, hence the efforts of the museum world to incorporate new technologies and game-based programming. But what if videogames can offer meaningful experiences for the gamer-visitor audience outside of the museum? Ultimately this project incorporates academic research into meaningful videogame design and considers the social epistemological dimensions of videogames

Nintendo’s pursuit for profitability: a pedagogical case study

Project / Classification JEL System: M10: General Business Administration L10: General Market Structure, Firm Strategy, and Market PerformanceThe home video game console industry, like most high technology industries, is characterized by fast innovation, intense competition and a generally volatile environment. Since the mid-1990s, this industry has essentially been dominated by three major companies, Nintendo, Sony and Microsoft. However, in recent years (since 2012) Nintendo’s performance has been below expectations, with revenues falling, negative operating income for the last three years, and falling share prices. As a result, Nintendo’s management has started, especially since the second half of 2014, a concerted effort to improve the company’s fortunes. At the moment these efforts have resulted in better media coverage and a stop in share price fall. It is still early to know if Nintendo’s pursuit for profitability will succeed; nonetheless, it is both of import and interest to understand how companies seek to achieve superior performance, which is why Nintendo was chosen to be analyzed. The aim of this project is to conduct a pedagogical case study on Nintendo, with a focus on how the company is attempting to return to profitability in the midst of intensified competition from its main rivals, Sony and Microsoft, and a growing threat from substitute products, namely mobile gaming. Through the case study and the request for a strategic analysis, the project will present its target audience – management undergraduate students – an opportunity to understand Nintendo and its industry; as well as, give them the chance to put into practice some strategic management concepts and frameworks, which may prove to be useful in both their academic and professional careers.A indústria de consolas de jogos de vídeo, como a maioria das indústrias baseadas em alta technologia, é caracterizada pela inovação rápida, competição intensa e um ambiente geralmente volátil. Desde meados de 1990 que esta indústria é essencialmente dominada por três grandes empresas, a Nintendo, a Sony, e a Microsoft. No entanto, nos últimos anos (desde 2012) o desempenho da Nintendo tem estado aquém das expetativas: com queda nas receitas; resultados operacionais negativos nos últimos três anos; e queda na cotação das ações em bolsa. A administração da Nintendo começou, especialmente desde o segundo semestre de 2014, um esforço concertado para melhorar a situação da empresa. Neste momento, tais esforços resultaram em uma melhoria na forma como a empresa é retratada nos media e na paragem da queda do preço das ações. Ainda é cedo para se saber se a busca da Nintendo pela lucratividade será bem sucedida; no entanto, importa e interessa entender como as empresas procuram alcançar resultados superiores, e esta é a razão pela qual a Nintendo foi escolhida para análise. O objective deste projeto é a realização de um estudo pedagógico sobre a Nintendo, com realce na forma como a empresa tenta voltar à lucratividade em meio a intensa competição com os seus principais rivais, Sony e Microsoft, e a crescente ameaça de produtos substitutos, como os jogos em telemóveis ou tablets. Através do caso de estudo e a realização da análise estratégica, o projecto apresentará à sua audiência – estudantes da licenciatura em gestão – a oportunidade de entender a Nintendo e a sua indústria; e dar-lhes-á a oportunidade de praticarem alguns conceitos e ferramentas de gestão estratégica, eventualmente úteis nas suas vidas académicas e futuras carreiras

“The Laurel Story”: An Industrial Intersection of Authorship, Cult Film and Independent Cinema in an American Motion Picture Production Company, 1963-1994

This thesis presents the first academic analysis of key US motion picture production company Laurel Entertainment. Established in Pittsburgh by Night of the Living Dead (1968) director George A. Romero and his business partner Richard P. Rubinstein, Laurel’s geographical and ideological separateness from bicoastal filmic centres was unprecedented. Yet despite being at the forefront of a number of practices that came to shape non-Hollywood production, including synergetic crossovers and diversification, Laurel has been neglected from previous investigations of the independent sector. This study traces Laurel’s growth from grassroots subsidiary to publicly-owned enterprise, revealing the strategic and creative thinking that ensured survival on the margins of the industry. Here, an analysis of the firm’s infrastructure employs a synthesis of ethnographic research, empirical data and business and economic theory, considering the complex array of stakeholders and changing opportunity structures that fed into and helped dictate output. Scrutiny of Laurel and its co-founders also provides new insight into the cinema of major genre filmmaker George Romero, while shedding light on the under-researched figure of the independent film producer. By looking towards the activities of the Laurel partners, this study offers a revisionist account of auteur filmmaking, cult film and independent cinema from a “real-world,” practitioner-level perspective, asking how these strands intersected within the firm and mapping out the innovations, compromises and contradictions of this convergence

Market Engineering

This open access book provides a broad range of insights on market engineering and information management. It covers topics like auctions, stock markets, electricity markets, the sharing economy, information and emotions in markets, smart decision-making in cities and other systems, and methodological approaches to conceptual modeling and taxonomy development. Overall, this book is a source of inspiration for everybody working on the vision of advancing the science of engineering markets and managing information for contributing to a bright, sustainable, digital world. Markets are powerful and extremely efficient mechanisms for coordinating individuals’ and organizations’ behavior in a complex, networked economy. Thus, designing, monitoring, and regulating markets is an essential task of today’s society. This task does not only derive from a purely economic point of view. Leveraging market forces can also help to tackle pressing social and environmental challenges. Moreover, markets process, generate, and reveal information. This information is a production factor and a valuable economic asset. In an increasingly digital world, it is more essential than ever to understand the life cycle of information from its creation and distribution to its use. Both markets and the flow of information should not arbitrarily emerge and develop based on individual, profit-driven actors. Instead, they should be engineered to serve best the whole society’s goals. This motivation drives the research fields of market engineering and information management. With this book, the editors and authors honor Professor Dr. Christof Weinhardt for his enormous and ongoing contribution to market engineering and information management research and practice. It was presented to him on the occasion of his sixtieth birthday in April 2021. Thank you very much, Christof, for so many years of cooperation, support, inspiration, and friendship

Thermal performance: the politics of environmental management in architecture

How do architects address the ambiguity of practice, being on the one hand tasked with making buildings that perform well in terms of energy use and environmental strategy, and on the other facilitating the production of capital, through their service to ensuring that the performance of the occupants (efficiency, productivity and wellbeing) is satisfied? In this PhD by practice, I use the theoretical concept of ‘the performative’ through both the written thesis and project to interrogate the various ways in which thermal management becomes entangled with management processes. The context is specific: the workplace at a moment of convergence between smart technology with architecture; where notionally, agency is given over to autonomous environmental systems to do the right thing, and work environments that are embedded in performative-linguistic company cultures that urge their occupants to ‘do the right thing’. In other words – where machines do things with fans and boilers, and humans do things with emails, meetings, performance reviews and corporate culture. I invoke Lucy Schuman’s question ‘who is doing what to whom?’ to draw attention to the way that actions are elicited from employees through discursive and constitute organisational practices. At a point where new-build non-domestic buildings, which are specifically designed to perform environmentally well, are failing to do so- I invoke Isabelle Stengers’ ethical proposition ‘what are we busy doing?’ to ask whether architects’ actions are fundamentally compromised by this entanglement. I propose a strategy for architects to address their practice in relation to these propositions, and trace the actions as they migrate through discursive fields – sustainability, organisational management, theories of motivation, workplace politics, technological innovation, activism and resistance. The narrative of the written thesis is asynchronous, and is interconnected with the project in multiple ways, it is structured in such a way so as to introduce strategies of encountering the various discursive fields which form the context of study. The project work, on the other hand, immerses the reader directly within these fields. The database that reveals the multiple realms that embed the concepts of power, economics, desire, love, productivity and war into the architectural concerns for comfort and energy use; while the performance video places two subjects constituted by management, whose passions are put to work and situate them within a discursive environment latent with the full cultural significance of its metaphors in the workplace of the knowledge economy. The first part of the written component of the thesis opens up discussions about performance and action – which are generally applicable for the discourse of environmental performance, as mediated by the occupant and the use of technology, within the contemporary workplace. I move into the second part of the written thesis, which places the context specifically within the conceptual domain of thermal management, elaborates on the implications of taking a performance oriented approach to ‘heat’, and reveals how performance and the domain of heat converge on issues of productivity, subjectivity, and wellbeing. The two actors who perform in the video can only continuously improve their performance, every action can be subverted or appropriated, presenting the urgency for my conclusion in the written thesis, that as we, in architecture, are expected to also act entrepreneurially – the question is not how we do so subversively, or as a mode of critique. We should instead pay attention to Stengers’ and Suchman’s questions, and paying attention to what is brought about, and for whom, and focus our work on care for precarious, exhausted and hyper-active subjectivities that are produced through these actions

Mytholudics:understanding games as/through myth

This dissertation outlines a mythological framework for understanding how games produce meaning. I first theorise mythology as it applies to games and play. This is expressed through a cycle showing how mythology is embedded in the production of games and how it impacts the interpretation of games. This is then operationalised as a method for the analysis of games. I call my theorisation and analytical approach mytholudics. I then apply mytholudics in ten analyses of individual games or game series, split into two lenses: heroism and monstrosity. Finally, I reflect on these analyses and on mytholudics as an approach.Mythology here is understood through two perspectives: Roland Barthes’ theory outlined in Mythologies (1972/2009) and Frog’s (2015, 2021a) understanding of mythology in cultural practice and discourse from a folklore studies perspective. The Barthesian approach establishes myth as a mode of expression rather than as an object. This has naturalisation as a key feature. Otherwise-arbitrary relations between things are made to seem natural. Frog’s mythic discourse approach understands mythology as “constituted of signs that are emotionally invested by people within a society as models for knowing the world” (2021a, p. 161). Mythic discourse analysis focuses on the comparison of mythic discourses over time and across cultures.Barthes and Frog broadly share an understanding of mythology as a particular way of communicating an understanding of the world through discourse. Mythology is then not limited to any genre, medium or cultural context. It can include phenomena as diverse as systems, rules, customs, rituals, stories, characters, events, social roles and so on. What is important is how these elements relate to one another. Games consist of the same diverse elements arranged in comparable configurations, and so this perspective highlights the otherwise hidden parallels between mythology and games.I argue for analysing games as and through myth. Games as myth means viewing the game as an organising structure that works analogously to mythology. Elements are constructed and put into relation with one another within a gameworld, which the player then plays in and interprets. Games through myth means seeing games as embedded within cultural contexts. The cultural context of development affects the mythologies that can be seen to influence the construction of the game, while the cultural context of the player affects how they relate to the game and the mythologies channelled through it.A mytholudic approach helps us to understand how games make meaning because it focuses on the naturalised and hidden premises that go into the construction of games as organising structures. By analysing the underpinnings of those organising structures, we can outline the model for understanding the world that is virtually instantiated and how they are influenced by, influence and relate to models for understanding the world—mythologies—in the real world