Punitive Damages after BMW v. Gore (1996)

The U.S. Supreme Court handed down its decision in BMW v. Gore (1996) in May. This decision triggered another round of discussions regarding restraints on punitive damages as a part of the overall reform of the U.S. tort system. Here, the authors review the BMW decision and its immediate predecessors to illustrate the essential public policy issues that are associated with proposed limits on punitive damages

Intra-Industry Joint Liability: Implications for Marketing

Market share liability is the most recent product liability development in the area of intra-industry joint liability, in which all members of an industry are sued. The various intra-industry approaches by which a consumer can recover for injuries are reviewed in this article, and their implications for marketing are examined

Strict Liability for Sellers of Used Products: A Conceptual Rationale and Current Status

Marketers of used products face uncertainty in the legal environment because of the inconsistent ways their offerings are treated with respect to strict product liability. The authors analyze the conceptual underpinnings of strict liability to assess its applicability to used goods. Then they examine litigated cases to present an overview of current judicial treatment of defective used products. Finally, they discuss policy issues related to used products in the context of both the law and marketing

Marketing Scholarship: Evolving Research Standards

Marketing academics endeavor to conduct research that contributes to the development of cutting edge theories and ideas about marketing. At the same time, they try to incorporate these research findings into their classes through the application of theories to the practice of marketing. Even so, marketing scholarship comes under intermittent attack for being arcane and irrelevant for practitioners. To explore this disconnect between theory and practice, we review the evolution of scholarly research in marketing. We identify the various definitions of scholarship that have evolved as business schools have matured. We conclude that marketing academics must make scholarly contributions, variously defined, in order to maintain contact with the discipline. Our analysis is based on the views of two 60-year-old professors who completed their doctoral work in the early 1970s

Legal Dimensions of Salespersons\u27 Statements: A Review and Managerial Suggestions

Salespeople can generate liability problems for their organizations through both intentional and inadvertent statements, yet the sales management and personal selling literature has not provided adequate discussion of these problems. The authors describe the various ways salespeople initiate such liability and include specific advice for sales managers interested in guiding salesperson behavior

The Evolution of First Amendment Protection for Commercial Speech

During the past 15 years, the U. S. Supreme Court has used Central Hudson Gas v. Public Service Commission (1980) to expand significantly the power of the government at all levels to regulate advertising and other promotional activities. As a result, first amendment protection for commercial speech has steadily diminished. In this article, Supreme Court decisions subsequent to Central Hudson are reviewed to provide an update of Cohen\u27s (1978) work. In addition, the current standard for identifying commercial speech is analyzed, and managerial recommendations are made to guide managers who are responsible for making promotional decisions in this increasingly restricted area

Spring 1970

Response of Coastal Bermudagrass to Nitrogen by D.A. Mays and G. L. Terman (page 3) Soil & Water Resources by Fred P. Miller (7) Organization Against Oil by R. B. Clark (9) 1970 Turf Conference Program (12) Principles for Any Green by Wayne Morgan (16) An Effective Technique for Recognition by Howard Gaskill (18) Ten Years of Decisions by James W. Brandt (21

Managing Trade Promotions in the Context of Market Power

The use of trade promotions as a channel-programming tool has increased substantially in the past decade. In focusing on the tactical implications of trade promotions, some firms appear to have underestimated the tendency of poorly planned trade promotions to interfere with the implementation of a marketing strategy. In this article, the authors examine the complex issue of trade promotion use from both long-term and short-term perspectives. Different trade promotions can produce dissimilar types of channel cooperation, consumer responses, and postpromotion channel member behavior, resulting in differences in distribution-programming preferences between suppliers and retailers. The authors argue that the adjudication of these different preference structures is addressed through the market power of the channel participants. Based on an assessment of these channel relationships, an approach for suggested courses of action is forwarded.Yeshttps://us.sagepub.com/en-us/nam/manuscript-submission-guideline

Toxicokinetics of Ag in the terrestrial isopod Porcellionides pruinosus exposed to Ag NPs and AgNO3 via soil and food

Silver nanoparticles (Ag NPs) have been used in numerous consumer products and may enter the soil through the land application of biosolids. However, little is known about the relationship between Ag NP exposure and their bioavailability for soil organisms. This study aims at comparing the uptake and elimination kinetics of Ag upon exposures to different Ag forms (NPs and ionic Ag (as AgNO3)) in the isopod Porcellionides pruinosus. Isopods were exposed to contaminated Lufa 2.2 soil or alder leaves as food. Uptake and elimination rate constants for soil exposure did not significantly differ between Ag NPs and ionic Ag at 30 and 60 mg Ag/kg. For dietary exposure, the uptake rate constant was up to 5 times higher for Ag NPs than for AgNO3, but this was related to feeding activity and exposure concentrations, while no difference in the elimination rate constants was found. When comparing both routes, dietary exposure resulted in lower Ag uptake rate constants but elimination rate constants did not differ. A fast Ag uptake was observed from both routes and most of the Ag taken up seemed not to be eliminated. Synchrotron X-ray fluorescence showed Ag in the S-cells of the hepatopancreas, thus supporting the observations from the kinetic experiment (i.e. low elimination). In addition, our results show that isopods have an extremely high Ag accumulation capacity, suggesting the presence of an efficient Ag storage compartment