716 research outputs found

    The Cryptic Nature of Crypto Digital Assets Regulations: The Ripple Lawsuit and Why the Industry Needs Regulatory Clarity

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    The tension and associated time lag between technology and regulation has been well documented. Paradigmatic of this phenomenon is the global evolution of blockchain technology and digital assets. Digital assets in the blockchain allow users to transact directly without financial intermediaries. However, the regulatory guidelines for the assets, their issuance, and the subsequent transactions are unclear. The Securities and Exchange Commission (SEC) has filed an action to apply its existing regulations and the judicial interpretations to Ripple’s issuance of XRP, its token, and Ripple’s control over subsequent user transactions of XRP. This Note uses SEC v. Ripple as a case study to determine how digital assets are treated for securities purposes. It will also discuss the general regulatory and policy concerns of digital asset transactions. SEC regulations require disclosures and minimize price manipulations to protect users and market integrity. The SEC has provided a framework, and Chairmen and Commissioners have given speeches regarding how digital asset transactions on exchanges would be regulated. However, the SEC has mainly used litigation to enforce its jurisdiction over certain digital assets by applying the Howey test; thus, its guidelines are based on an amalgamation of the facts and circumstances from different cases instead of what they should be: a robust regulatory framework specifically and thoughtfully tailored to how these digital assets might be regulated as users transact. This note reasons that regulatory clarity is necessary for this industry to flourish. Digital assets may be issued as a security but after time, as the digital assets are transferred between users and the network decentralizes, they begin to function more like a consumer token. Not only are digital assets valuable to society, but they are also transforming the financial industry. The Commodity Futures Trading Commission (CFTC) has also offered guidance on how it would regulate digital assets within its jurisdiction. Yet, the question remains which digital assets fall under CFTC jurisdiction, which are in the SEC’s jurisdiction, and how the digital asset community can know the difference. To provide greater clarity, this Note argues that the SEC should adopt Commissioner Hester Peirce’s Safe Harbor Proposal 2.0, which proposes monitoring these digital assets while allowing sufficient time for decentralization. If decentralized, the digital asset would be regulated by the CFTC, and, if not, the digital asset would be regulated by the SEC

    Coping Strategies of Middle Adolescents

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    Attorneys as Qui Tam Relators: How State Ethics Rules Trump the False Claims Act

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    Maternal health behaviours: the development and feasibility evaluation of a mindfulness-based behaviour change intervention for pregnant women

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    Background: Maternal health behaviours are associated with the likelihood of pregnancy complications, and with infants’ immediate and lifetime outcomes. Aim: The overarching aim was to investigate whether mindfulness training might have any potential as the basis of a maternal behaviour change intervention. Method: The project employed mixed methods. The intervention development was guided by the Behaviour Change Wheel handbook. A cross-section survey investigated relationships between pregnant women’s trait mindfulness and: health behaviours: physical activity, taking Vitamin D supplements, BMI at conception, drinking alcohol, smoking; subjective wellbeing and perceived stress; and health behaviour motivation (n = 318). The feasibility of a novel 17-week maternal mindfulness-based behaviour change intervention, “Mind the Bump”, was evaluated in an uncontrolled repeated measures and feedback feasibility study (n = 32). Results: Trait mindfulness was not related to maternal health behaviours. Trait mindfulness was positively related to positive affect and wellbeing, health behaviour motivation, and negatively related to perceived stress and negative affect. Non-adherence to UK recommendations for exercise, Vitamin D, alcohol, and smoking was related to: poorer subjective wellbeing and lower health behaviour motivation. Concurrent risks were more common in women with lower wellbeing and higher negative affect. The intervention was feasible in terms of recruitment, acceptability, and retention. Adherence was moderate in the contact period (week 1 to 8), and reduced in the self-led period (week 9 to 16). There were no significant changes in health behaviours: physical activity, fruit and vegetable intake, Vitamin D supplementation, or alcohol consumption. There were significant improvements in positive aspects of mental health: mindfulness, positive affect, and wellbeing. There were no significant changes in negative aspects of mental health: perceived stress, negative affect, general anxiety, antenatal depression, and pregnancy distress. There may be more potential to improve health behaviours prior to pregnancy

    Time-resolved analysis of ribosomal RNA dynamics

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    Betwixt Sunset and Sunrise : Liminality in Dracula

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    The Road and the Ring: Solid Geometry in Tolkien\u27s Middle-earth

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    Considers the complex interplay of the Ring and the Road (“linear progress and circular stasis”), along with other related motifs of lines, circles, intersections and crossroads, spirals and spheres, hands and eyes in The Lord of the Rings

    Individual Liability for Medicare Overpayment Claims

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    Smart cities: A literature review and business network approach discussion on the management of organisations

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    Purpose: The smart city idea refers to new ways of organising city functions and urban life, which are believed to move production and consumption from global to local, manufacturing from competitive to collaborative, and business from a shareholder to a multiple-stakeholder point of view. Most previous research has focussed on the societal level of smart cities, while less seems to be known about the management of business as part of smart cities. The purpose of this paper is to present a literature review on the state of the art of management research on smart cities. The following research question is addressed: How has previous research captured the management of organisations in smart cities? Design/methodology/approach: A literature review using the search term “smart city/cities” in research on business, management, and operational management was conducted for the purpose of capturing previous research. Findings were coded based on main ideas, central concepts, and theories, thematic content of the articles related to the main ideas underpinning smart cities (digitalization, urbanisation, and sustainability as antecedents, and local, collaborative and multiple-stakeholder manufacturing as indicators), and units of analysis. Findings: The paper points to how most studies on the management of organisations as part of smart cities focus on sustainability and how digitalisation enables new businesses. Collaborative efforts are emphasised and the theoretical framing is fragmented. Issues related to the organising of business is also not problematised and the business network approach could, as discussed in the paper, provide valuable insights related to the collaborative efforts of organisations and the multiple-stakeholder perspective. Originality/value: The paper is the first to capture and present an overview of previous research on the management of business as part of smart cities. Research on smart cities has focussed on the policy and societal levels, and so far there is a lack of problematisation on how organisations may act, and potentially change their way of acting, should smart cities become a reality
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