983,266 research outputs found

    Illusory Defense of Contributory Negligence in Product Liability

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    As is readily apprehended, contributory negligence in the defense of a product liability action is a can of worms. But, if it is recognized that there is no such thing as contributory negligence and that the defense contemplated is that of abnormal, unintended, or unforeseen use, or is that of assumed risk, or that of lack of due care, then there may perhaps be order brought out of chaos. However, it is strongly suggested that even these defenses are, in the absence of uncontrovertible facts, no panacea for defendants. There are much better ways to beat a product liability claim than relying on contributory negligence, an illusory defense

    Defining Art and its Future

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    Art is a creative phenomenon which changes constantly, not just insofar as it is being created continually, but also in the very meaning of ‘art.’ Finding a suitable definition of art is no easy task and it has been the subject of much inquiry throughout artistic expression. This paper suggests a crucial distinction between ‘art forms’ and ‘forms of art’ is necessary in order to better understand art. The latter of these corresponds to that which we would typically call art such as painting, singing, etc. The former corresponds to the form out of which these take shape, movement, speech, etc. With this distinction set out, it becomes clearer that art and the aesthetic is rooted in the properties of the ‘thing’ such as the color, shape, and the texture, rather than the product of creation itself. Thus, the future of art will bring a new aesthetic in which these properties become recognized as art and as such there will be an aesthetic of everyday life

    “Homo Europaeus"? A comparative analysis of advertising

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    The narrative repertoire of advertising is the only place where producer and consumer, sender and receiver negotiate a common identity format. The analysis of advertising in European countries shows that there is no such thing as the homo europaeus, but that there are two major continental blocks: the Nort-European one, with its monochronic advertisements, narrative formats based on relationships and soft-sell brand representation mechanisms, in which the context is more relevant than the product itself; in Southern Europe, on the other hand, we found polychronic advertising, narrative formats based on the idea of performance and mechanisms of representation of individual hard-sell products, in which the context loses its prominence

    SME sector, a crucial area of the corporate competitiveness measurement

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    We meet the concept of competitiveness more and more, however there is no agreement on at what level this concept can be interpreted. The majority of the competitiveness researchers reckon it as a microeconomic category i.e. a thing which can be interpreted to corporate level as well as product level. The importance of SME sectors competitiveness is increasingly emphasized within the corporate competitiveness but, in practice, such models are still not created which would specialize in measuring the competitiveness of small and medium-sized enterprises. The corporate competitiveness is generally examined by means of criteria formed on the basis of the same competitiveness definition, not to highlight the specifics of SMEs, thus the results of analyzes has a good chance to be inaccurate. Therefore, the aim of this monograph is to compile a possible analytical framework taking the peculiar conditions of the small and medium-sized enterprises into consideration

    The Next Revolution? Negligence Law for the 21st Century

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    Donoghue’s neighbour is still the defining concept of Canadian tort law. Indeed, the whole history of modern negligence law can be reasonably understood as a concerted judicial effort to adapt and accommodate that principle to changing social, commercial and legal conditions. Now, 90 years later, it is perhaps time to recommend another revolution in negligence law. The Donoghue-inspired doctrine has done sterling work, but it is now weighed down with a bewildering range of conditions, clarifications and complications. When the duty analysis is complemented by other related requirements of causation and remoteness, the law of negligence has become something of a dog’s breakfast. This is compounded by the fact that tort law has become the poster-child for a general shift in law away from traditional legal reasoning to a more openly acknowledged policy analysis. This is no bad thing. But the problem is that there exist multi-dimensional and multi-located doctrinal occasions for such policy work. This does not lend itself to a doctrinal product that is either readily accessible or easily understandable. As such, the time is ripe for transforming, if not revolutionizing negligence law. This essay seeks to engage in such a transformative analysis and prescription

    Worker Welfare and Antitrust

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    The important field of antitrust and labor has gone through a profound change in orientation. For the great bulk of its history labor has been viewed as a competitive threat, and the debate over antitrust and labor was framed around whether there should be a labor “immunity” from the antitrust laws. In just the last decade, however, the orientation has flipped. Most new writing views labor as a target of anticompetitive restraints imposed by employers. Antitrust is increasingly concerned with protecting labor rather than challenging its conduct. Antitrust interest in labor markets is properly focused on two things. The smaller concern is the impact of anticompetitive restraints in the labor market, such as no-poaching agreements and noncompete covenants. While antitrust enforcement in this area is critically important, these restraints cover only a portion of the employment market. The bigger labor interest is in output reducing restraints in product markets, and here antitrust policy has unfortunately had little to contribute. The demand for labor is derivative of product market demand. If firms do not produce goods, workers do not work. Because most labor is a variable cost, the demand for employment varies with product output. As a result, when antitrust pursues a goal of higher output in product markets it is incidentally benefitting labor and consumers alike. Both antitrust’s neoliberal right and its Progressive left have advocated policies that are harmful to labor. The right did so by developing a cynical vision of “consumer welfare” that incorporated producer profits into the definition and advocated for lower output in product markets. The left has done the same thing with its hostility to large firm size, even when dictated by scale economies or network effects, and its protection of small business

    Are Trademarks Ever Fanciful?

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    A fanciful trademark-a made-up word like Swiffer for mops or Xerox for photocopiers-is presumed to neither describe nor suggest any qualities of the product associated with the mark. This presumption is consistent with the theory of linguistic arbitrariness: there exists no connection between a given word (tree) and the thing signified by the word (a large woody plant). Because a fanciful mark is assumed to be an empty vessel, meaningless until used as a trademark, it qualifies for protection from first use and receives broader protection against infringement than other categories of trademarks. Research into sound symbolism challenges the theory of linguistic arbitrariness and thus the accepted gap between fanciful mark and mark-bearing product. Multiple studies demonstrate the existence of sound symbolism connections between the individual sounds that constitute a given word and the meanings that a reader or listener ascribes to that word. Consumers are more likely to favor a new trademark when trademark meaning links to product type, even if they are not conscious of the link. Marketers often consider sound symbolism when coining a fanciful mark to create such a link. Nevertheless, the law presumes linguistic arbitrariness when it comes to fanciful trademarks. Courts often assume that adopting a mark similar to a fanciful mark is evidence of bad faith, but a new entrant might reasonably desire to use sounds that convey product information. Overprotecting fanciful trademarks could thus impose unjustified costs on competitors, at least when sound symbolism connects the mark to the product offered for sale. Broad protection for fanciful marks that benefit from sound symbolism may therefore be misguided. Courts should instead engage in a more nuanced inquiry, accounting for sound symbolism when assessing the validity and scope of a fanciful mark

    Consumer Choice on Savings Accounts: Bounded rationality

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    Given the falling returns in share markets and the comparative safety of savings accounts protected by the deposit insurance provided by the Australian Government, there was a significant surge in deposits made in savings ac counts. According to an article published in The Australian , Australian households deposited an estimated $38 billion into savings accounts over a period of six months ending on the 31 st of March, 2009. Among the various deposit-taking institutions, Westpac received the largest part of this growth. (Jimenez, 2009). Interestingly, there have been no major changes in the interest rates offered on savings accounts by the major banks recently. If the savings account market is examined , the first thing that one notices is the large number of options available to a prospective customer. There are more than fifty savings accounts on offer by various banks, building societies and credit unions. These include regular savings accounts, high interest savings accounts with more stringent conditions on deposits, withdrawals and usage and exclusively online savings accounts. Any given savings account product can have different combinations of attributes apart from the interest rate offered such as the minimum balance requirements, the minimum lock-in period, etc. For an average consumer who wants to open a savings account, there is a plethora of choices available. This paper considers how a typical consumer might make a choice among so many options and whether this choice is “right”

    HUBUNGAN ANTARA PERSEPSI TERHADAP KOMPENSASI DENGAN \ud KEPUASAN KERJA KARYAWAN TELKOM BANJARMASIN

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    Human effort through the organization basically intended to fulfil his need as human beings, and can live well. Sometimes all a person's attitude is influenced by the desire, needs, objectives and satisfaction. That stimulus arise from the self and the environment. There are stimulus that is material and non material will create the motivation to work and finally get his needs and job \ud satisfaction. Job satisfaction is not a simple thing, satisfaction becomes an important and interesting. This can be seen from the performance improvement. If there is no employee jobsatisfaction, there is possibility for the employees to quit from the company and bad for companies because it has lost potential employees. To avoid such things then the company introduced the system of compensation or fringe benefits This is research non experiment, and use technique total sampling. Purpose of this research to determine relationship between perceptions of compensation with employee job satisfaction Telkom Banjarmasin. The population in this study were 66 employees Telkom Banjarmasin, and using statistical techniques product moment correlation test. 0.01),ÂŁAs for the results of research (r=0,983; sig 0.000 This shows there is a very significant relationship between perceptions of compensation with employee job satisfaction Telkom \ud Banjarmasin. Which is the positive relationship, means there is relation between perceptions of compensation with employee job satisfaction, where every perception of low compensation also found low job satisfaction. The coefficient of determinant variables (r2) as big as 0,966 \ud indicating that employee perceptions of compensation can be explained approximately 96,6 % job satisfaction in the company, while the rest 3,4 % explained by other factors not included in this study variables. \ud The scale used is The weakness of this study. In scale 1 and scale 2 is still no items that have the same understanding, and which prefer more aspects of the compensation given by individuals. Researchers should further improve it
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