Articles

Italy’s Gentle Revolution: The New Law on Same-Sex Partnerships

M. M. WINKLER

The Digest - National Italian American Bar Association (NIABA) Law Journal

2017, vol. 25, pp.1-31

Départements : Droit et fiscalité, GREGHEC (CNRS)

Mots clés : Italy; Constitutional Law; Human Rights; LGBT Rights

http://heinonline.org/HOL/LandingPage?handle=hein.journals/digst25&div=1&src=home


This Article comments the genesis and the content of the Italian law on civil partnerships between people of the same sex, enacted in May, 2016, and eventually entered into operation, together with a bunch of administrative regulations, in early 2017. As the last country of Western Europe to adopt such a law, the Italian law recognises civil partnerships for same-sex couples but presents several flaws in terms of equality and nondiscrimination based on sexual orientation

James Elliott Construction (C-613/14) : A "New(ish) Approach" to judicial review of standardization

A. VAN WAEYENBERGE, D. RESTREPO AMARILES

European Law Review

décembre 2017, vol. 42, n°6, pp.882-893

Départements : Droit et fiscalité, GREGHEC (CNRS)

Mots clés : Construction materials; EU law; Justiciability; Technical standards

https://1.next.westlaw.com/Document/I3EF4FCF0D44E11E7B7FEB158B428CA86/View/FullText.html?navigationPath=Search%2Fv1%2Fresults%2Fnavigation%2Fi0ad6ad3e00000160c5ed5618294cee8b%3FNav%3DINTERNATIONAL-ANALYTICAL%26fragmentIdentifier%3DI3EF4FCF0D44E11E7B7FEB15


This article analyses the decision of the Court of Justice of the European Union in the James Elliot Construction case delivered on 27 October 2016. In its decision, the Court has for the first time affirmed its jurisdiction to interpret harmonised technical standards on a preliminary reference. In this contribution, we argue that the decision marks an important breakthrough in the evolution of EU law by recognising harmonised technical standards as part of Union law. This opening offers new possibilities for litigating technical standards and assuring the centrality of the rule of law in the achievement of the internal market. The article concludes by analysing the implications of the decision in relation to the Meroni doctrine, the potential conflicts between the principle of free access to the acts of the Union and the protection of intellectual property, and the impact that greater litigation over harmonised technical standards may have on the caseload of the Court

L'Europe doit s'attaquer de front au défi anthro-politique

P. LAMY

Revue d'Économie Financière

2017, vol. 1, n°125, pp.39-52

https://www.cairn.info/revue-d-economie-financiere-2017-1-page-39.htm


Letter from the Editor: Why Are Papers Desk Rejected at European Accounting Review? (note)

H. STOLOWY

European Accounting Review

juillet 2017, vol. 26, n°3, pp.411-418

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

http://www.tandfonline.com/doi/full/10.1080/09638180.2017.1347360


The aim of this note is to present desk rejections made by EAR in 2016 and also to provide some suggestions to authors in order to avoid these desk rejections.(Partial reproduction of the Letter published in the EAA Newsletter No. 57, March 2017)Desk rejection is often feared by authors and generates a lot of disappointment. As explained by Craig (2010 Craig, J. B. (2010). Desk rejection: How to avoid being hit by a returning boomerang. Family Business Review, 23, 306–309. doi: 10.1177/0894486510386024[Crossref], [Web of Science ®], [Google Scholar], p. 306), ‘the stories of woe are commonplace in conference hotel bars, campus coffee shops, and faculty photocopy room conversations, and reactions are shared in colorful language in various post rejection emails and phone calls among disenchanted authors’.In a previous newsletter,11 http://www.eaa-online.org/userfiles/file/EAA-Newsletter-Nr39-2012(3).pdf.View all notes Salvador Carmona, Past Editor of EAR, had written a text on ‘Avoiding desk rejections’. In the present text, I would like to extend my predecessor’s view by adding some new insights, based on statistics drawn from my first year of editorship at EAR. These statistics will also highlight the unfortunate development of ethical issues.The aim of the present letter is not only to provide some suggestions to authors in order to avoid these desk rejections but also to explain the functioning of our journal in full transparency

Linear-Rational Term Structure Models

D. FILIPOVIC, M. LARSSON, A. TROLLE

The Journal of Finance

avril 2017, vol. 72, n°2, pp.655-704

Départements : Finance


We introduce the class of linear-rational term structure models in which the state price density is modeled such that bond prices become linear-rational functions of the factors. This class is highly tractable with several distinct advantages: (i) ensures nonnegative interest rates, (ii) easily accommodates unspanned factors affecting volatility and risk premiums, and (iii) admits semi-analytical solutions to swaptions. A parsimonious model specification within the linear-rational class has a very good fit to both interest rate swaps and swaptions since 1997 and captures many features of term structure, volatility, and risk premium dynamics—including when interest rates are close to the zero lower bound

Media bias and the persistence of the expectation gap: An analysis of press articles on corporate fraud

J. COHEN, Y. DING, C. LESAGE, H. STOLOWY

Journal of Business Ethics

septembre 2017, vol. 144, n°3, pp.637-659

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

Mots clés : Expectation gap, Media bias, Corporate fraud, Management behavior, Press, Fraud-related professional standards

https://link.springer.com/article/10.1007/s10551-015-2851-6


Prior research has documented the continued existence of an expectation gap, defined as the divergence between the public’s and the profession’s conceptions of auditor’s duties, despite the auditing profession’s attempt to adopt standards and practices to close this gap. In this paper, we consider one potential explanation for the persistence of the expectation gap: the role of media bias in shaping public opinion and views. We analyze press articles covering 40 U.S. corporate fraud cases discovered between 1992 and 2011. We compare the auditor’s duties, described by the auditing standards, with the description of the fraud cases as found in the press articles. We draw upon prior research to identify three sources of the expectation gap: deficient performance, deficient standards, and unreasonable expectations. The results of our analysis provide evidence that (1) the performance gap can be reduced by strengthening auditor’s willingness and ability to apply existing auditing standards concerning fraud detection; (2) the standards gap can be narrowed by improving existing auditing standards; and (3) unreasonable expectations, however, involve elements beyond the profession’s sphere of control. As a result, the expectation gap is unlikely to disappear given the media’s tendency to bias, with an overemphasis of unreasonable expectations in their coverage of frauds and press articles tending to reinforce the view that the auditor should take more responsibility for detecting fraud, irrespective of whether this is feasible at a reasonable cost. In addition to the primary role of the press in perpetuating the expectation gap, a second reason for continuation of the expectation gap is that the rational auditor will have difficulty in assessing subjective components of fraudulent behavior.

More haste less speed? Signaling through investment timing

C. BOBTCHEFF, R. LEVY

American Economic Journal: Microeconomics

aout 2017, vol. 9, n°3, pp.148-186

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

Mots clés : JEL D21, D82, D83, D92, G31, G32)

https://www.aeaweb.org/articles?id=10.1257/mic.20160200


We consider a cash-constrained firm learning on the value of an irreversible project at a privately-known speed. Under perfect information, the optimal date of investment may be non-monotonic in the learning speed: better learning increases the value of experimenting further, but also the speed of updating. Under asymmetric information, the firm uses its investment timing to signal confidence in the project and raise cheaper capital from uninformed investors, which may generate timing distortions: investment is hurried when learning is sufficiently fast, and delayed otherwise. The severity of the cash constraint affects the magnitude of the distortion, but not its direction

My kids, your kids, our kids: What parents and the public want from schools

J. VALANT, D. NEWARK

Teachers College Record

2017, vol. 119, n°11

Départements : Management et Ressources Humaines


Background/Context: School choice reforms could strengthen parents' influence on school behaviors, since schools must appeal to parents in order to operate. If parents' desires for schools differ from the broader public's desires for schools, then schools might pursue different goals and activities in systems emphasizing school choice. One popular hypothesis is that schoolchoosing parents, more than the public, want schools to prioritize their own students' private interests over more collective social, economic, and political interests. Purpose/Objective: We compare parents' desires for their own children's schools with the U.S. public's desires for public schools. We make these comparisons with respect to the abstract goals that schools pursue, as well as schools' more tangible behaviors. Population/Participants/Subjects: We administered an online survey to nationally representative samples of parents and adults. We administered a second online survey to a national sample of adults. Intervention/Program/Practice: The article consists of two studies. Study 1 compares parents' and the public's beliefs about which abstract goals schools should prioritize. Respondents were randomly assigned to consider either schools in their community, schools around the country, or, if they had children, their own children's schools. They chose from goals that prioritized their students' professional achievement ("Private Success"), the economy's needs ("Shared Economic Health"), and more collective social and political needs ("Democratic Character"). Study 2 compares parents' and the public's beliefs about how schools should actually behave. Respondents were randomly assigned to consider either schools in their community, schools around the country, or their own children's schools. We asked about the basic structure and content of the school day, how schools should teach, and how to evaluate school performance. Research Design: The studies consist of randomized experiments and related statistical analysis. Findings/Results: We find remarkably little difference between parents' desires for their children's schools and the public's desires for public schools. This is true both for the abstract goals that schools pursue and for schools' more tangible behaviors. Conclusions/Recommendations: Our findings suggest that the hypothesis that parents want schools to focus on their students' private success at the expense of more collective goals is oversimplified. It may be, for example, that parents want their children to be well rounded in ways that also serve more collective social, political, and economic interests. We observe divisions in Americans' views of the goals that schools should pursue, but these divisions are more connected to their political affiliation than parent status (with Republicans more focused than Democrats on Private Success)

Optimizing Multi-Team System Behaviours: Insights from Modelling Team Communication

D. KENNEDY, A. SOMMER, P. NGUYEN

European Journal of Operational Research

avril 2017, vol. 258, n°1, pp.264–278

Départements : Management et Ressources Humaines

Mots clés : Behavioural operations, Project management, Multi-team systems, Mixed integer linear optimization

http://www.sciencedirect.com/science/article/pii/S0377221716306750


To better manage behavioural operations in project management, we demonstrate the value of quantitative model-based approaches in examining behaviours and generating insights for managerial research and practice. We focus on organizational members’ behaviours and interactions on large-scale projects using multi-team systems (MTS). While MTS invoke different behaviours than simpler team systems, research insights have lagged on MTS due to the complexity and resource intensity of capturing the multitude of behaviours and interactions by human subjects in real-world situations. Thus, MTS provides an apt context to demonstrate the mechanics of mathematically modelling human behaviour and conducting virtual experiments via mixed-integer linear optimization to understand the way to meet operational objectives. Virtual experimentation is used to explore communication behaviours that unfold under different levels of project complexity and interdependence when time, cost, and quality operational objectives are considered independently or collectively. The results suggest that the type of communication plan set by project managers needs to change according to project attributes and objectives (maximize quality, minimize cost or minimize time). Moreover, this paper demonstrates the benefits of using operations research methods to assess behavioural patterns in an operational setting and establish propositions for targeted research in the field. In conclusion, benefits and limitations are put forth about the way Behavioural OR expands the traditional toolkit of human subject researchers in operations and beyond.

Payment Evasion

S. BUEHLER, D. HALBHEER, M. LECHNER

Journal of Industrial Economics

décembre 2017, vol. 67, n°4, pp.804-832

Départements : Marketing, GREGHEC (CNRS)


This paper shows that a firm can use the purchase price and the fine imposedon detected payment evaders to discriminate between unobservable con-sumer types. Assuming that consumers self-select into regular buyers andpayment evaders, we show that the firm typically engages in second-degreeprice discrimination in which the purchase price exceeds the expected fine.In addition, we find that higher fines do not necessarily reduce paymentevasion. We illustrate with data from fare dodging on public transportation


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