The desirability of criminal penalties for breaches of part IV of the trade practices act

Following the introduction of criminal sanction, including jail terms, for hard core cartelisation in the United Kingdom, the Dawson Review has recently recommended that criminal penalties be introduced in Australia for individuals and corporations found to have engaged in hard core cartels. A number of reasons have been advanced to justify the introduction of criminal sanctions for this type of conduct, the most common of which are that it would bring Australia in line with other competition regimes and that criminal sanctions are more likely to provide an effective deterrent. This article evaluates those reasons, and others, to determine whether there is any adequate justification for the proposed criminal regime

How country of manufacturing and sweatshop free information affects online apparel consumers' perceived quality, value and purchase intention

"July 2013.""A Thesis Submitted to Faculty of the Graduate School at the University of Missouri in Partial Fulfillment of the Requirements for the Degree of Master of Science."Thesis supervisor: Dr. Pamela Norum.Online consumers are not able to assess the physical product in the prepurchase process. This poses a problem for the consumers, and further affects their purchase behavior. The popularity of sustainability and transparency may provide an opportunity to lessen this kind of uncertainty. The literature review suggests that the country of manufacture and sweatshop free information, as two extrinsic information cues, may has the potential to affect a consumer's perceived quality, perceived value and purchase intention in online shopping context. This study aims to determine how the information regarding country of manufacture and sweatshop free influences consumers' perception of quality, value and patronage intention regarding different price apparel products in the online shopping context. For this study, a 2*2*2 (country of manufacture * sweatshop free * price) experiment was designed and each participant was exposed to one of eight profiles in random order. OLS regression results indicate that country of manufacture don't relate to any of the perceived quality, perceived value and purchase intention. To the contrary, price has a statistical significant effect on all the dependent variables. The sweatshop free label is positively related to the perceived quality and purchase intention, but doesn't affect perceived value. The interaction effect (C*P*S) affects consumers' perceived quality only. Implications, limitations, and scope of further research are also discussed.Includes bibliographical references (pages 56-72)

Globalization and Corporate Social Responsibility: Challenges for the Academy, Future Lawyers, and Corporate Law

Changes in information technology, in combination with changing popular and political opinion (including concern over climate change) are moving the subject of corporate social responsibility (\u27CSR\u27) to the forefront of policy reform, consumer and investor behavior, and graduate business education. Nevertheless, up to the present, CSR has not thrived within law schools’ curricula, or mainstream graduate or undergraduate programs. First, the subject is too synthetic to fit neatly within the core, established framework of academic subject areas (e.g. history, economics, sociology and management), or law schools’ conventional teaching of corporate, securities, employment, administrative, or environmental law. CSR is relevant to all these areas but has not become central in any one of them. This essay charts the intellectual history of CSR and explains how the traditional corporations and securities regulation courses have marginalized the study of CSR. It suggests ways these courses could be expanded to address CSR issues and contends that law schools will be falling behind if they do not prepare future corporate lawyers to do so. The global nature of modern commerce and financial markets, and the greater accountability facilitated by the internet, will ensure continued, widespread interest in CSR subjects. The Appendix presents my Congressional testimony in favor of the Extractive Industries Transparency and Disclosure Act – an act which raises fundamental CSR issues which could be explored in law and business schools, as well as in graduate programs in political science and economics, inter alia

Legal Transitions: Some Welfarist Remarks

This essay offers a sympathetic, utilitarian critique of Louis Kaplow\u27s famous argument for legal retroactivity in his 1986 article, An Economic Analysis of Legal Transitions. The argument, very roughly, is that the prospect of retroactivity is desirable if citizens are rational because it gives them a desirable incentive to anticipate legal change. My central claim is that this argument trades upon a dubious, objective view of probability that assumes rational citizens assign the same probabilities to states as rational governmental officials. But it is subjective, not objective probabilities that bear on rational choice, and the subjective probabilities of rational citizens can diverge from rational officials\u27. I imagine a simple case in which a single Social Planner structures both transition policy and substantive law in some domain. The legal change that the Planner anticipates she would enact in response to a given set of events, and the legal change that the Planner believes one or another citizen believes she (the Planner) will enact in response to those events, can differ. And this means, in turn, that there can be incentive costs to a retroactivity regime as well as a prospectivity regime, even if all actors are fully rational. The utilitarian case for retroactivity is more contingent than Kaplow thinks

The Blaming Function of Entity Criminal Liability

Application of the doctrine of entity criminal liability, which had only a thin tort-like rationale at inception, now sometimes instantiates a social practice of blaming institutions. Examining that social practice can ameliorate persistent controversy over entity liability\u27s place in the criminal law. An organization\u27s role in its agent\u27s bad act is often evaluated with a moral slant characteristic of judgments of criminality and with inquiry into whether the institution qua institution contributed to the agent\u27s wrong. Legal process, by lending clarity and authority, enhances the communicative impact, in the form of reputational effects, of blaming an institution for a wrong. Reputational effects can flow through to individuals in ways that reduce probability of future wrongdoing by altering individual preferences and forcing reevaluation and reform of institutional arrangements. Blame and utility are closely connected here: the impulse to blame organizations and the beneficial effects of doing so both appear to depend on the degree of institutional influence on the agent. These insights imply that the doctrine should be tailored, unlike present law, to more fully exploit criminal law\u27s expressive capital by selecting cases according to entity blameworthiness. Barriers to describing the phenomenon of organizational influence and culture prevent discovery of a first-best rule of institutional responsibility. A second-best step would be to enhance the existing doctrine\u27s examination of agent mens rea, to impose fault only if the agent acted primarily with the intent to benefit the firm

Investigating different strategies for increasing sales and customer base

The study primarily discusses about the different strategies that the management of the company can implement in order to boost their customer base and net sales. The main aim of the research is to evaluate different strategies for increasing sales and customer base. A qualitative method was taken for this research, and data was collected with the help of primary and secondary methods. In the primary method, a semi-structured interview was conducted on the organisation’s premises with the store manager and other staff members. The secondary data was collected from books and the internet. The study has an emphasised focus on laying down several goals and objectives that the study plans to achieve. In this study, the researcher has tried to formulate the latest data and information about the company in order to provide the management with the latest insights about customer preferences and techniques that can be used for improving their decision-making process. The study has laid down processes and procedures that were followed in order to prepare the entire study. The key findings of the research are to introduce the new product, give some rewards points and add some more options for customers. The foremost recommendations for the organisation will be to improve communication with their customers, and to use PayWave service and wi-fi facility. Moreover, they should use social media and other platforms to advertise their products and add more features and varieties to the existing product to attract the attention of customers

Identify successful marketing communication strategies that apply to a small hair salon

A selected organisation provides hair dressing services and hair products to customers. The aim of this report is to analyse how the small hair salon could improve their marketing communication strategies in order to attract more customers and enhance the relationship between customers and the organisation. The approach to collecting information was to use a questionnaire with 50 participants, to gather primary information and to conduct a secondary research study. The result of this research was to decide that the role of a successful marketing communication strategy is to attract the customer to consume. In order to make the marketing communication strategy successful, it needs to choose a suitable channel that enables it to connect with the customer. New media is an effective channel that can promote the business to the customer and interact with them. New media is also suitable for a small business to use. A recommendation for the organisation is they create their own website page, Facebook page, YouTube video and WeChat group to promote themselves and interact with customers. Those channels are popular in New Zealand, with a high number of active users. Most the organisation customers like to use those channels too, so if the organisation applies those channels to their marketing communication strategy they will be able to attract customers and persuade them to consume more products