Articles

A Comparative Overview of EU and US Legislative and Regulatory Systems: Implications for Domestic Governance & the Transatlantic Trade and Investment Partnership

A. ALEMANNO, R. W. PARKER

Columbia Journal of European Law

2016, vol. 22, n°1

Départements : Droit et fiscalité, GREGHEC (CNRS)

Mots clés : TTIP, Regulatory Cooperation, Convergence, Divergence, Mutual Recognition, Equivalence, MRA, US-EU, race to the bottom, direct effect, implementation

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2721038


The aim of this report is to inform the EU-US Transatlantic Trade and Investment negotiations on enhanced regulatory coherence and cooperation, by providing negotiators, stakeholders and the public with a comparative overview of the US and EU legislative and regulatory processes in their current form, highlighting differences and similarities

A theorem on aggregating classifications

F. MANIQUET, P. MONGIN

Mathematical Social Sciences

janvier 2016, vol. 79, pp.6-10

Départements : Economie et Sciences de la décision, GREGHEC (CNRS)

Mots clés : Aggregation of classifications, Group identification problem, Task assignment problem, Nonbinary evaluations

http://ssrn.com/abstract=2686037


Suppose that a group of individuals must classify objects into three or more categories, and does so by aggregating the individual classifications. We show that if the classifications, both individual and collective, are required to put at least one object in each category, then no aggregation rule can satisfy a unanimity and an independence condition without being dictatorial. This impossibility theorem extends a result that Kasher and Rubinstein (1997) proved for two categories and complements another that Dokow and Holzman (2010) obtained for three or more categories under the condition that classifications put at most one object in each category. The paper discusses an interpretation of its result both in terms of Kasher and Rubinstein’s group identification problem and in terms of Dokow and Holzman’s task assignment problem.

A Two-sided Matching Approach for Partner Selection and Assessing Complementarities in Partners’ Attributes in Inter-firm Alliances

D. MINDRUTA, M. MOEEN, R. AGARWAL

Strategic Management Journal

janvier 2016, vol. 37, n°1, pp.206-231

Départements : Stratégie et Politique d’Entreprise, GREGHEC (CNRS)

Mots clés : Alliance formation, Partner selection, Matching models, Complementarities, Empirical methods

http://ssrn.com/abstract=2536109


Strategic alliances are undertaken to create value through complementarities of resources and capabilities of the partner firms. We develop a matching framework to study strategic alliances, taking a market perspective that explicitly incorporates key features of transactions in strategic alliances: two sided decision making in voluntary collaboration; quest for complementarities between indivisible and heterogeneous partner attributes; and competition on each side for partners on the other side. We assess the relative performance of matching models and binary choice models when estimating parameters within simulations based on a known functional relationship. Within the context of research alliances in the bio-pharmaceutical industry, we hypothesize and find support using the matching model framework for complementarity in partner size, and in upstream research capabilities

Adaptive use of social networking applications in contemporary organizations: Examining the motivations of Gen Y cohorts

Anuragini SHIRISH, Imed BOUGHZALA, S. C. SRIVASTAVA

International Journal of Information Management

December 2016, vol. 36, n°6, part A, pp.1111–1123

Départements : Informations Systems and Operations Management, GREGHEC (CNRS)

Mots clés : Corporate social networking; Adaptive use intention; Technology adoption; Collaboration; Innovation; Generation Y; Motivation

http://www.sciencedirect.com/science/article/pii/S0268401216301918


With the entry of the contemporary generation (Gen Y) into the workforce, organizations are interested in leveraging Gen Y’s technological preferences when designing their information systems. Specifically, motivated by Gen Y’s dependence on Social Networking Applications (SNAs) in their private lives, organizations have initiated the implementation of Corporate Social Networks (CSNs) to facilitate closer collaboration and knowledge sharing within organizations. However, these initiatives have not been received with the expected enthusiasm from Gen Y employees. To better understand this apparent anomaly, the current study explores the Gen Y cohort’s intended adaptive use of SNAs in organizational settings, as CSNs. This study uses an enriched Delphi technique to examine the perceptions and concerns of members of Gen Y regarding use of CSNs. In addition, employing a structured qualitative approach and contextualizing the needs hierarchy theory to the specific case of Gen Y employees, this study identifies six organizational requirements for successfully implementing CSNs. This work extends the literature on adaptive use of Enterprise 2.0 systems and delineates a set of useful implications for managers intending to implement such systems for Gen Y employees.

Are Criminal Sanctions Always Appropriate in Business Law? The French Example of Combining Civil and Criminal Law

N. STOLOWY

Journal of Business Law

2016, vol. 7, pp.607-623

Départements : Droit et fiscalité, GREGHEC (CNRS)

Mots clés : Commercial law; Corporate liability; Criminal liability; France; Offences; Penalties; White collar crime


Developments in business law have shown a general trend towards autonomy or indeed particularism.French commercial law is not homogeneous in substance, although several laws have been combined and the codification has been unified.1France’s Commercial Code comprises a number of different branches that each claims their own particularism.This codification is an administrative resource. It provides a formal presentation of a discipline, without interfering with its content. In some instances the codification improves the accessibility of information, but the major divisions of commercial law remain, and this does not contribute to overall coherence.The criminal sanctions applicable in business law fall into the scope of a specific criminal law. The groupings have been so artificial that is it sometimes very difficult for these disciplines to display their particularism. For example, different criminal laws have developed in such diverse areas as criminal labour law, criminal consumer law, criminal planning and environment law, criminal tax law which completes criminal company law, and criminal business law which is a counterpart to (and sometimes difficult to distinguish from) criminal economic law.These different branches show up boundaries that are often vague, and relative specificities.3 They are best justified on the level of criminal sociology, since they concern clearly identified actors in the various activities involving exposure to certain risks. General or special classifications have had to be found for those risks.These disciplines have the merit of imposing a constructed coherence on the study of criminal offence classifications relating to the major sectors of economic and corporate activity, in order to secure and moralise those activities.Criminal business law occupies a prominent position owing to the company law logic, to which it claims to be a response, but also owing to the difficulty of clearly determining its legal purpose. Its scope varies depending on the author, and the sociological than a legal reality. It is easier to understand that the aim of criminal sanctions is to bring morality into the world of business when they have a repressive dimension or are imposed by the court to ensure compliance. In this perspective they act as a sword of Damocles, and are more effective than court orders or injunctions, which remain civil law sanctions that have few consequences for the individual, and more importantly can be covered by insurance.Criminal law as applied to business is simply a reflection of the complexity of social relations and the difficulty, not to say impossibility, of finding a dividing line between the human, social and economic activities. The economic activity criterion is doubtless the most relevant. Criminal business law acts as a combined law.After an analysis of the appropriateness or otherwise of the decriminalisation of business law, we study its most typical criminal sanctions.

At Long Last, Italy Moves to Comply With European Human Rights Imperative to Recognize Same-Sex Partners

M. M. WINKLER

Lesbian/Gay Law Notes

juin 2016, vol. 6/2016, pp.226-228

Départements : Droit et fiscalité, GREGHEC (CNRS)


Balancing free movement and public health the case of Minimum Unit Pricing of alcohol in Scotch Whisky

A. ALEMANNO

Common Market Law Review

aout 2016, vol. 53, n°4, pp.1037–1063

Départements : Droit et fiscalité, GREGHEC (CNRS)

Mots clés : EU law, Proportionality, Tax, Minimum unit pricing, Alcohol, Lifestyle, NCD, Precautionary principle, Risk regulation, Judicial review

http://ssrn.com/abstract=2803165


Scotland is the first jurisdiction in the world to introduce a minimum price per unit of alcohol to reduce consumption. The relevant industry did not hesitate to challenge this new alcohol control policy before courts. The ensuing judgment contains a wealth of insights stemming from regulatory autonomy to proportionality review

Budgeting in times of economic crisis

S. BECKER, M. MAHLENDORF, U. SCHÄFFER, M. THATEN

Contemporary Accounting Research

Winter 2016, vol. 33, n°4, pp.1489–1517

Départements : Comptabilité et Contrôle de Gestion, GREGHEC (CNRS)

Mots clés : Budgeting, budgeting functions, economic crisis, crisis management

http://ssrn.com/abstract=2605359


This paper examines how corporate reliance on budgets is affected by major changes in the economic environment. We combine survey and archival data from the economic crisis that began in 2008. The results indicate that, as a result of the economic crisis, budgeting became more important for planning and resource allocation but less important for performance evaluation. Additional evidence from interviews and data gathered in a focus group further illustrate these results and show the changes organizations have introduced to respond to the economic crisis. Taken together, and contrary to more general conclusions from the literature such as an overall increase or decrease in the importance of budgeting, we find that companies emphasize certain budgeting functions over others during economic crises

Category Spanning, Evaluation, and Performance: Revised Theory and Test on the Corporate Law Market

L. PAOLELLA, R. DURAND

Academy of Management Journal

février 2016, vol. 59, n°1, pp.330-351

Départements : Stratégie et Politique d’Entreprise, GREGHEC (CNRS)

Mots clés : Categoryn Evaluation, Law firms, Mediation, Performance

http://ssrn.com/abstract=2648295


Studies suggest that category-spanning organizations receive lower evaluation and perform worse than organizations focused on a single category. We propose that (1) these effects are contingent on clients' theory of value and that as clients expect more sophisticated services, they tend to value category spanners more positively and (2) the evaluation of producers mediates the relationship between category spanning and performance. We test our hypotheses using original data on corporate legal services in three markets (London, New York City, and Paris) over the decade 2000-2010. We find that (1) category spanners receive a better evaluation, and more so when their categorical combination is more inclusive and (2) evaluation mediates significantly the relationship between category spanning and performance. This study enriches our understanding of how audiences apprehend a whole market category system and why organizations span categories

Choice-based cardinal utility: a tribute to Patrick Suppes

J. BACCELLI, P. MONGIN

Journal of Economic Methodology

2016, vol. 23, n°3, pp.268-288

Départements : Economie et Sciences de la décision, GREGHEC (CNRS)

Mots clés : ordinal utility, cardinal utility, preference differences, representation theorems, Suppes, ordinalism, cardinalism

http://www.tandfonline.com/doi/full/10.1080/1350178X.2016.1189112


We reexamine some of the classic problems connected with the use of cardinal utility functions in decision theory, and discuss Patrick Suppes’ contributions to this field in light of a reinterpretation we propose for these problems. We analytically decompose the doctrine of ordinalism, which only accepts ordinal utility functions, and distinguish between several doctrines of cardinalism, depending on what components of ordinalism they specifically reject. We identify Suppes’ doctrine with the major deviation from ordinalism that conceives of utility functions as representing preference differences, while being nonetheless empirically related to choices. We highlight the originality, promises and limits of this choice-based cardinalism.


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