Jane P. Mallor

Bio: Jane P. Mallor is an academic researcher from Indiana University. The author has contributed to research in topics: Punitive damages & Higher education. The author has an hindex of 4, co-authored 7 publications receiving 23 citations. Previous affiliations of Jane P. Mallor include Washington University in St. Louis.

Business Law and the Regulatory Environment: Concepts and Cases

Abstract: Part 1 Foundations of American law: the nature of law the resolution of private disputes business and the constitution business ethics, corporate social responsibility and the control and governance of corporations. Part 2 Crimes and torts: crimes international torts negligence and strict liability unfair competition. Part 3 Contracts: introduction to contracts the agreement - offer the agreement - acceptance consideration reality of consent capacity to contract illegality writing rights of third parties performance and remedies. Part 4 Sales: formation and terms of sales contracts product liability performance of sales contracts remedies for breach of sales contracts. Part 5 Property: personal property and bailments: real property landlord and tenant estates and trusts. Part 6 Credit: introduction to credit and secured transactions security interests in personal property bankruptcy. Part 7 Commercial paper: negotiable instruments negotiation and holder in due course liability of parties checks and documents of titles. Part 8 Agency: the agency relationship third-party relations of the principal and the agent. Part 9 Partnership law: introduction to forms of business and formation of partnerships operation of partnership and related forms dissolution, winding up, and termination of partnerships limited partnerships. Part 10 Corporations: history and nature of corporations organization, financial structure, and dissolution of corporations management of corporations shareholders rights and liabilities securities regulation legal responsibilities of accountants. Part 11 Regulation of business: administrative agencies the Federal Trade Commission Act and consumer protection laws antitrust - the Sherman Act the Clayton Act, the Robinson-Patman Act, and antitrust exemptions and immunities employment law environmental regulations. Part 12 Special topics: the legal environment for international business insurance law.

Punitive damages: the civil remedy in American law, lessons and caveats for continental Europe

Abstract: calculation of damage with a non-compensatory function is article 6:104 BW concerning the disgorgement of profit. This provision will be discussed in more detail below. These basic principles give a general understanding of the Dutch law of damages. As full compensation of loss is the general principle, compensation is in theory based on the loss of the victim and not on the behaviour of the wrongdoer. However, in practice the judge has some power – within the framework of article 6:98 BW concerning causation, article 6:101 BW on the wrongdoer’s own fault and article 6:106(1)(a) BW on immaterial loss – to take factors such as the degree of blameworthiness of the tortfeasor into account. As already mentioned in chapter two, taking into account the degree of blameworthiness gives a punitive character to civil damages awards. The higher the degree of fault, the more room a judge has to award larger damages and thus for deviating from the principle of full compensation. As will be explained below, this also applies to the assessment of immaterial damages. Another category of damages recognised in Dutch private law that allows deviation from the principle of full compensation is the contractual penalty clause. Other European legal systems in which the judge may take the fault of the wrongdoer into account when assessing an immaterial damages award are for example Austria, France, Germany, Greece, Italy, Norway, Portugal, and Switzerland. Some say that by taking the wrongdoer’s fault into account justice is done to the compensatory function of tort law and that this does not have a punitive purpose. On the other hand, authors who plead for graver sanctions in tort law often connect this to the degree of blameworthiness, as is for example done by Hartlief and Verheij. Shelton mentions the following in this respect: States that take fault into account in assessing moral damages can be said to inject a punitive element into the civil remedy. Although non-compensatory elements are the exception rather than the rule in the Dutch law of damages, the remedies that will be discussed below are not merely compensatory. 9.4.1.2 Immaterial Damages According to article 6:95 BW not only financial loss but also other loss is compensable, but they are compensable only as far as this is determined by law 70 Geerts et al. 2011, p. 61. 71 Verheij 1997, p. 78; Wissink & Van Boom 2001, p. 145. 72 Geerts et al. 2011, p. 62. 73 Wissink & Van Boom 2001, p. 145; Van Nispen 2003, p. 34. See on the contractual penalty clause in Dutch law section 9.4.1.4 below. 74 Shelton 2005, p. 37. 75 Geerts et al. 2011, p. 62. 76 Hartlief 2009c, p. 2253; Hartlief 2012b, p. 313; Verheij 2013b, p. 126. 77 Shelton 2005, p. 38. 78 Kortmann & Sieburgh 2009, p. 258.

A Synergistic Framework for Evaluating Business Process Improvements

Abstract: The evaluation, selection, or justification of business process improvements, or business process reengineering efforts, is similar to many strategic initiatives and their justification methodologies. This similarity arises from the fact that there are multiple factors that need to be considered, many of which have long-term and broad implications for an organization. There are many intangible measures and qualitative concerns when evaluating business process improvements. These improvements necessarily have to link to the strategic objectives of the organization. The proposed methodological framework will involve the synthesis of the analytical network process and data envelopment analysis. These two techniques, when used together, can provide subjective and objective evaluations for managerial decision makers. An illustrative example provides some insights into the application of this methodology. Additional issues and research questions are also identified.

Evaluating Componentized Enterprise Information Technologies: A Multiattribute Modeling Approach

Abstract: Corporations are increasingly implementing enterprise information technologies (EITs), because of the costs of maintaining legacy systems and the lack of fit of such systems for organization-wide information sharing. A new type of EIT that is being introduced in major corporations (such as Dell Computers), is based on the idea of component systems, which are stand-alone software programs that can integrate with other such components with relative ease. Given the financial outlay for EITs, the evaluation and adoption of these systems is not something that can be completed haphazardly. This requirement is complicated by the relative infancy of models for the evaluation of componentized EITs. To this end, in this paper, we introduce a managerial multistage multiattribute decision model, consisting of the Analytical Hierarchy Process (AHP) model and the Supermatrix approach (also defined as the Analytical Network Processes (ANP) approach). This combination of models builds on earlier work that validates the Supermatrix approach for evaluating traditional EITs at a Fortune 100 organization. The aggregation of these benefits is then measured against the costs of systems, thereby arriving at a ranking of alternatives for each functional area. We illustrate the model with an example and draw managerial implications.

Lecture Note-taking, Learning and Recall

Abstract: Note-taking by students is generally seen as an integral and essential part of the process of learning from lectures. Here we review the literature on the efficiency of students' note-taking and the extent to which they actually learn as a direct or an indirect result of taking notes. Attention is also paid to the relevance of research in this area to modern lecturing practice and to the problems of researching in the area.