Fixing the Game? Legitimacy, Morality Policy and Research in Gambling

It is a truism that some industries are controversial either because the processes employed or the resulting products, for instance, can potentially harm the well-being of people. The controversy that surrounds certain industries can sharply polarise public opinion and debate. In this article, we employ legitimacy theory and morality policy to show how one industry sector (the electronic gaming machine sector as part of the wider gambling industry) is subject to this reaction. We suggest that the difficulty in establishing legitimacy surrounding CSR practices in this sector is related to morality policy, whereby ideology and personal values play important roles in dividing opinion. Thus, gambling is often framed as an activity that is morally and ethically problematic. To show how this can manifest, we examine the veracity of two state-funded studies in Australia used in the development of gambling policy and their subsequent adoption in academic research. We highlight methodological, analytical and reporting issues in these studies that normally should be identified by those using such findings. The significance is that when morality policy and conflict surrounding legitimacy are involved, then it can explain why adherence to normative research standards is potentially lowered. Our theoretical posture leads us to further speculate that the adoption and communication of CSR in electronic gambling will be contested by opponents of the industry.     

Consumer Product Failure Causing Personal Injury Under the No-Fault Accident Compensation Scheme in New Zealand—a Let-off for Manufacturers?

This article examines how the no-fault accident compensation system in New Zealand operates to relieve manufacturers from liability to consumers for product failures which cause personal injury or death. The state-run accident compensation scheme pays compensation to persons who suffer “personal injury by accident” and bars claims for compensation from the party at fault. The advantage for consumers is that they are entitled to compensation from the accident compensation scheme as of right and do not need to make claims against manufacturers of products which cause injury or death. The article outlines some limited circumstances when consumers may claim compensation from manufacturers and identifies other avenues for holding manufacturers responsible for injury or death caused by faulty products. The paper makes three recommendations to increase manufacturer responsibility: (1) allow the regulatory body which administers the Accident Compensation system to claim compensation, by way of subrogation, from manufacturers in limited circumstances; (2) require manufacturers to pay an additional “product liability” levy to the accident compensation scheme; and (3) amend the Health and Safety at Work Act 2015 to cover non-workplace accidents exposing manufacturers of unsafe products to Worksafe investigation and possible criminal liability. The article argues that imposing additional responsibility on manufacturers for product failures which cause personal injury or death is justified on the grounds of fairness. Arguments based on corrective fairness and distributive fairness can both be relevant in cases of personal injury caused to consumers by manufacturers.     

Consuming the Self: New Age Spirituality as “Social Product” in Consumer Society

In the late twentieth century there has been a proliferation, diversification and popularisation of New Age spiritual discourses and practices in Western industrialised nations. New Age spiritual thinkers such a Deepak Chopra, Ken Wilber, Gary Zukav and Shakti Gawain, have modified discourse and practices from Eastern and Western traditional religious beliefs, Western science and psychotherapy, to develop their own discourse and practices designed to assist individuals “transform” themselves. This article discusses the “commodified production of self‐actualisation” in consumer society and discusses how the discourses and practices in selected texts from four New Age spiritual thinkers take the form of an ever‐changing “social product”. The analysis shows how the discourse and practices of New Age spiritual thinkers align themselves with consumptive behaviour by secularising, homogenising and over‐simplifying scientific, social scientific and traditional religious discourse and practices into “social products” for consumption. The analysis also reveals that New Age spiritual thinkers are engaged in a process that could be described as the “consumption of the self”. The implications of the “consumption of the self” will be discussed in terms of the way consumer society requires New Age “technologies of the self” to be continually redefined, restructured and repackaged in new and different forms.     

Trick or Treat? Development Opportunities and Challenges in the WTO Negotiations on Industrial Tariffs

Negotiations on industrial tariffs in the current WTO work programme have turned out to be surprisingly difficult. On the one hand, developing countries, particularly in Africa, are concerned about the potential negative effect on their industrial development of developed country efforts to push them into deep cuts in applied tariffs: after the disillusion of the Uruguay Round, promises of welfare gains seem unconvincing. On the other hand, a number of the more complex formula proposals for tariff‐cutting make it difficult for participants to evaluate what they have to do compared with what they hope to receive. The developing countries may achieve greater exports and welfare gains from the more ambitious proposals, but computations show that these also imply greater imports, lower tariff revenues, some labour market adjustments and reduced output in some politically sensitive sectors. Some way of assisting the developing countries in coping with these adjustments is required to take advantage of the opportunities presented by the negotiations.     

Separate or Integrate? Assessing the Impact of Separation Between Product and Service Business on Service Performance in Product Manufacturing Firms

Purpose: Investigating how the separation of the product and service business mediates the effect of management's commitment to the service strategy on service performance in product manufacturing firms.

Methodology: The authors surveyed 216 European manufacturers in the high-value durable equipment industry moving into the service business. After assessing adequacy of measurement scales, the authors tested statistically for mediation. Their results hold when replicating the study using a structural equation modeling approach and while testing for common method biases.

Findings: The authors find evidence that the creation of a separate service organization, organized as a profit center, has a significant positive mediating effect between managerial commitment and the services' financial performance. Although separation also has a positive mediating effect between commitment and non-financial performance, organizing services as a profit center had a negative effect on the service's non-financial indicators.

Research Limitations: Research limitations include (a) a sample limited to German-speaking firms in the high-value durable equipment industry, (b) measurements based on self-reported managerial perceptions of service performance, and (c) conceptualization of service as a single strategic response.

Practical Implications: Although the complementarity between products and services is high in the market, the authors' research suggests few synergies to leverage their integration inside the organization. Accordingly, management should, at least in transition efforts similar to the ones included in this sample, look into creating a separate and distinct service organization.

Value/Contribution: This research was driven by practical concern on how to organize service operations in a manufacturing firm. Initial framing of the research through the creation of the construct of separation of product and service business was used.     

Country of Origin Principle in the EU Market for Audiovisual Media Services: Consumer’s Friend or Foe?

The country of origin principle, the cornerstone of the EU Television Without Frontiers Directive – to become the Audiovisual Media Services Directive – is often criticised as being insensitive to the legitimate national public interest to protect viewers – and consumers – of audiovisual media content. This paper seeks to demystify this pessimistic perception of the country of origin rule from the perspective of the consumer interest. It demonstrates that the possible negative repercussions of the country of origin logic for consumer welfare are mitigated in three ways: by specific derogations possibilities foreseen in the Directive in case of violations of the fundamental rules on protection of minors and of human dignity; through the margin of broadcasting control left to the Member States in the areas beyond those coordinated by the Directive, and by means of a new two-step anti-circumvention procedure introduced by the new Directive.

Consumer protection in Switzerland by means of “soft law” — Practices and perspectives

Consumer protection by self-regulation has come into focus as a proposed alternative to consumer legislation. This paper tries to show the principal forms in which soft law rules have been established in Switzerland, and to outline some of the main problems to which they have been exposed in practice.To a great extent self-regulation has centered, up to now, in the hands of the trade itself, although consumer organisations participate in some commissions for extra-judicial settlement. The principal deficiencies of self-regulation concern its enforcement and its scope of applicability when the trade is organised only to a limited extent. It has also been prowed that the drawing up of soft law rules has hindered legislation and, in some instances, also court practice.The authors come to the conclusion that some of the conditions without which soft law cannot achieve an effective impact on the trade are missing in Switzerland. However, positive contributions of soft law to consumer protection can sometimes be discerned where legislation has not succeeded.

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Zusammenfassung Die Schwierigkeiten, denen die Verbrauchergesetzgebung auch in der Schweiz begegnet, haben dazu geführt, dass die von der Wirtschaft als Alternative vorgeschlagene Selbstkontrolle stärker in den Mittelpunkt des Interesses gerückt ist als bisher. Der Artikel versucht — soweit ersichtlich, erstmals —, die verschiedenen Erscheinungsformen von soft law in der Schweiz aufzuzeigen und die wesentlichen Schwierigkeiten herauszuarbeiten, denen es in der Praxis begegnet.Die Selbstkontrolle der Wirtschaft bei Verbrauchergeschäften liegt zum grossen Teil ausschliesslich in den Händen der Wirtschaftsverbände. Die Verbraucherorganisationen beteiligen sich an ihr, auch aus finanziellen und personellen Gründen, nur zurückhaltend, wobei der Schwerpunkt dieser Beteiligung in der aussergerichtlichen Streitbeilegung und nicht in der Erarbeitung von materiellrechtlichen Regeln zu finden ist. Der Staat ist bis heute nur in einem Einzelfall interveniert, um eine effektive Selbstkontrolle zu gewährleisten.Die Hauptschwächen von soft law betreffen seine Durchsetzung und die Weite seines Anwendungsbereichs, zumal die verschiedenen Branchen in der Schweiz nur teilweise in repräsentativen Wirtschaftsverbänden organisiert sind. Bedenklich ist insbesondere der negative Einfluss, den soft law-Regelungen auf die Fortentwicklung der Verbrauchergesetzgebung und teilweise auch der Rechtsprechung ausgeübt haben.Einige unabdingbare Voraussetzungen für einen effektiven Verbraucherschutz durch Selbstkontrolle sind in der Schweiz nicht gegeben. Gleichwohl trägt das soft law vornehmlich in den Bereichen zum Verbraucherschutz etwas bei, in denen eine Gesetzgebung bisher nicht möglich war.

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Bernd Stauder is Professor of Law at the Faculty of Law, University of Geneva, Place de l'Université, CH-1211 Geneva 4, Switzerland. Joachim Feldges is a Research Assistant. Peter Mülbert is a former Research Assistant at this Faculty.Michael Bühler, Geneva/Düsseldorf, furnished an important contribution when the paper was first prepared.This article is a shortened version of the German original text, published under the title Praxis und Perspektiven von Konsumentenschutz durch soft law in der Schweiz in Zeitschrift für Schweizerisches Recht 1984 I. The authors are grateful to John Perry for translating the original German text into English.     

Sexual-harassment liability in 1998—goods news or bad news for employers and employees?

In June 1998 the U.S. Supreme Court issued three separate rulings regarding workplace sexual harassment. In an apparent victory for employers, the court ruled in one case that a victim must actually suffer a tangible loss (i.e., a demotion or unwelcome transfer) to establish a case for quid pro quo harassment. The court affirmed, moreover, that employers can absolve themselves of liability in hostile-environment cases by establishing a meaningful and effective policy against sexual harassment. Absent a meaningful policy, however, employers will be liable for a hostile environment created by supervisors. Thus, in another case, the court found an employer liable for workplace harassment because the employer failed to disseminate its existing policy and to follow its terms. Finally, in a same-sex harassment case, the court rejected the notion that egregious sexual harassment is per se unlawful, leaving open the possibility that a harasser who treats men and women equally, no matter how badly, could be found not guilty of unlawful behavior. Still, the court made it clear that an employer's best defense against supervisors' sexual-harassment behavior is an effective prevention policy. Consequently, employers should draft a policy that (1) defines sexual harassment; (2) states the company prohibits such conduct; (3) provides a clear procedure for submitting claims, including the names of individuals involved in the resolution process; (4) states that those who complain or cooperate with an investigation will not be retaliated against; and (5) is disseminated to all new employees when they join the company, reissued to all employees each year, and posted in a conspicuous location in the workplace.     

“Seeing is being”: Consumer culture and the positioning of premium cars in China

Researchers recognize the indispensable role of inwardly vs. outwardly-focused social identities as predictors of consumers' attitudes toward local vs. global brand positioning. Extant studies typically report symmetric assimilative identity effects, meaning that consumers high on national/ethnic identity favor brands with a local (vs. global) consumer culture positioning, and vice-versa for consumers high on an outward (e.g., cosmopolitan) identity disposition. Such identity outcomes may not be generalizable, but rather, be affected by the specific consumption context as well as the individual trait of consumer need for uniqueness (NFU). Focusing on the Chinese premium car market, our experimental study consistently supported assimilative effects for the role played by ethnic identity. For cosmopolitanism however, such effects only held for low NFU consumers, whereas contrastive identity effects emerged for high NFU consumers. These results challenge some findings reported in the literature. Implications of these asymmetric identity effects for marketing theory and practice are discussed.     

Credit Union Legislative Frameworks in the United States of America and the United Kingdom – A Flexible Friend or a Step Towards the Dark Side?

This article questions the findings of several studies which have concluded that the Credit Unions Act 1979 was a factor limiting the growth of credit unions in the United Kingdom (UK). The author’s conclusions are based upon an analysis of the amendments to the Credit Unions Act 1979 introduced by the Financial Services Authority (FSA). As a result, the 1979 Act now reciprocates the controversial, yet flexible United States (US) legislative framework. In particular, the article examines the interpretation of the common bond, the provision of financial services and the regulation of credit unions. The article concludes that these three statutory provisions have assisted the growth of credit unions in both countries and not limited their development. However, the growth of credit unions has come, at the expense of their unique status and philosophy. It has made US credit unions, in particular, indistinguishable from banks. This is a problem which may affect credit unions in the UK. The article concludes that the Credit Unions Act 1979 did not limit their development, but acted as a galvanising factor for credit union expansion.     

“Not Buying Cottage Cheese”: Motivations for Consumer Protest-the Case of the 2011 Protest in Israel

The 2011 Israeli consumer protest was groundbreaking: It enjoyed mass public support and had dramatic influence on the behaviour of Israeli companies and consumers alike. Most observers view this protest as a reaction to economic inequality in Israeli society, the increased cost of living, and public antipathy towards large businesses and the wealthy elite controlling them. However, this overlooks the wider political and cultural context: the decline in traditional political participation and the growing “openness” of brands to consumers, which can be referred to as the “prosumption turn.” By specifically analyzing the 2011 consumer protest against Israeli dairy companies, this article demonstrates how motivations for a consumerist act (boycott or buycott) can be linked to a broader, indirect context.     

Cogs in the Wheel or Spanners in the Works? A Phenomenological Approach to the Difficulty and Meaning of Ethical Work for Financial Controllers

Journal of Business Ethics - The aim of this paper is to propose a new perspective on the difficulty and meaning of ethical work for financial controllers. This is achieved by drawing on concepts...     

Capacity utilization shifting or resource-seeking? Benefits for Chinese enterprises participating in the belt and road initiative

This study investigates the benefits gained by Chinese listed enterprises participating in China's Belt and Road Initiative (BRI). We dispel the concern that the BRI provides a way for Chinese firms to shift excess capacity, instead finding that the capacity utilization of BRI participant firms is worsening. State-owned enterprises (SOEs) are the primary contributors to this effect. Moreover, we present evidence that overinvestment and decreased innovation capabilities are the underlying channels of the overcapacity problem. Finally, further analyses reveal distinct benefits accruing to the different ownership structures of BRI-participating enterprises, implying diverse motivations. We demonstrate that domestic political and overseas market resources for non-SOEs in the post-BRI period are significantly improved, which is not the case for SOEs.     

“Buy National” and protectionism in the great recession — Can it work?

Against the backdrop of the considerable increase in protectionist measures that could be observed during the recent fi nancial crisis, this article investigates the following questions: Are “Buy National” clauses a suitable instrument to internalise the externality that arises because the stimulating effect of “general”, non-discriminatory government spending is distributed among many countries, while the cost of the stimulus is borne by only one country? Are shortterm trade policies, like import tariffs, export subsidies and “Buy National” policies, suitable policies to mitigate an economic downturn?     

The prospects for marketing strategy and the marketing discipline in Era V: is the prognosis promising or problematic?

ABSTRACT

I thank professors Bernard Jaworski, Brian Jones, Eric Shaw, and Rajan Varadarajan for commenting on my article on ‘Advancing Marketing Strategy in the Marketing Discipline and Beyond’ and for suggesting ways to advance marketing strategy and the overall discipline in marketing’s future ‘Era V’. This note responds to some of their queries, critiques, and recommendations related to the past, present, and future of marketing strategy and the marketing discipline.     

Could the Dodd–Frank Wall Street Reform and Consumer Protection Act of 2010 be Helpful in Reforming Corporate America? An Investigation on Financial Bounties and Whistle-Blowing Behaviors in the Private Sector

The purpose of this study is to investigate whether the availability of financial bounties and anonymous reporting channels impact individuals’ general reporting intentions of questionable acts and whether the availability of financial bounties will prompt people to reveal their identities. The recent passage of the Dodd–Frank Wall Street Reform and Consumer Protection Act of 2010 creates a financial bounty for whistle-blowers. In addition, SOX requires companies to provide employees with an anonymous reporting channel option. It is unclear of the effect of these provisions as they relate to whistle-blowing. Our results indicate that a financial bounty has the potential to increase participants’ propensity to report questionable acts and their willingness to reveal their identities when reporting, but the availability of an anonymous reporting channel does not affect participants’ propensity to report questionable acts. These findings could potentially help corporate management, government policy makers and accounting researchers to assess the effectiveness of their internal compliance programs and help determine if financial bounties in the private sector could encourage whistle-blowing.     

Business and Government Ethics in the “New” and “Old” EU: An Empirical Account of Public–Private Value Congruence in Slovenia and the Netherlands

This article studies how financial investors respond to firms’ corporate social responsibility (CSR) performance in terms of their investing behaviors, and how such behaviors change contingent on an event that provokes their attention and concerns to CSR. Using the melamine contamination incident in China as a natural experiment, it is found that neither the individual investors’ nor the institutional investors’ behaviors are influenced by firms’ CSR performance before the incident. Nevertheless, in the post-event period, institutional investors’ behaviors are significantly influenced by firms’ CSR performance that exceeds a certain threshold. Furthermore, such an effect diminishes for a better CSR performance. In comparison, the authors do not find any effects of CSR performance on individual investors, either before the event or after the event. Finally, firms’ performance and investors’ behaviors jointly affect firms’ stock returns after the event but not before the event. This article reconciles the mixed findings in the literature on the effect of firms’ CSR performance on their financial performance by showing that such an effect exists in a contingent manner. Furthermore, the authors show that a too low or a too high CSR performance could lead to undesirable responses from investors. Therefore, managers should pay attention to optimizing firms’ CSR activities.     

“Fact or artifact? Empirical evidence on the robustness of compromise effects in binding and non-binding choice contexts”

In this article, the compromise effect (CE) is investigated according to which the choice share of a particular product is expected to increase when it is in an intermediate position in a subset of a product line. In a laboratory-based replication study, we tested CE both in hypothetical non-binding settings most commonly used in previous research on CE as well as in settings where experienced consumers make unforced and binding purchase decisions between real brands of two particular categories. While results prove robustness of the compromise effect even in the binding choice context, its magnitude is significantly reduced, hence indicating a hypothetical bias. Thus, since the CE is evidently less prevalent in the more realistic binding choice setting, compromise effects must be considered overrated to a certain degree in the previous studies on hypothetical decisions.