Rookes v. Barnard and the trade union question in British politics

In the 1950s, given the scope of the Trade Disputes Act 1906 that had granted immunity against specific torts (civil wrongs) to organisers of industrial action, the courts had little role in industrial relations. Hence, the importance of the House of Lords decision in 1964 that, in threatening to strike to secure Douglas Rookes's removal from the Heathrow design office of the British Overseas Aircraft Corporation after his resignation from the union, Alfred Barnard and others had used unlawful means because a threat to break a contract of employment came within the tort of intimidation that was unprotected by the Trade Disputes Act's statutory immunities, and thus, they were liable to pay damages to Rookes. The legal arguments deployed are analysed within growing unease in the Conservative Party and among employers at the emergence of workplace union organisation and national strikes. Despite being partially neutralised by the Trade Disputes Act 1965, Rookes was a harbinger of a new judicial activism that outflanked trade unions' tort immunities by creating novel common law liabilities. This in turn laid the political basis for subsequent Conservative legislation to restrict and regulate trade unions and industrial action, a project that is ongoing.     

A Consumer-Based Approach to Designing Product Line Extensions

A high proportion of new product introductions entail line extensions (e.g., new flavors, sizes, convenience packs, features) rather than totally new products. An attendant problem with line extending involves the possibility of cannibalization of the firm's current products. Paul Green and Abba Krieger describe an approach for designing line extensions that employs consumer tradeoff data and a variety of search heuristics to find "optimal" extensions that explicitly consider the cannibalization of current offerings. The methodology is applied to a case in which an agricultural chemicals firm is introducing a new soybean herbicide.     

The importance of being first : The case of prescription drugs in Canada

There is a growing literature on the importance of being first, which suggests that where there is uncertainty about the product quality of late entrants' brands the pioneering brand will retain a competitive advantage. This is consistent with studies of the U.S. drug industry. Using Canadian data for the drug industry it is shown that eliminating quality differences is a necessary but not sufficient condition for late entrants to gain market share. In addition, price competition has to be stimulated. Under these conditions the late entrants have taken up to 100 percent of the pioneering brands market.     

The Unintended Consequences of the Frequency of PCAOB Inspection

After more than 50 years of self‐regulation of the US auditing profession, the Sarbanes‐Oxley Act of 2002 (SOX) created the Public Company Accounting Oversight Board (PCAOB) as a quasi‐governmental entity with statutory authority to inspect accounting firms that audit public clients. The frequency of this inspection is annual or triennial, based upon the number of public clients the firm audits. We examine the effects of these two levels of inspection frequency on financial reporting quality and audit fees for clients of small and midsize public accounting firms. Our findings provide evidence of significantly higher audit quality and audit fees for clients of annually inspected firms relative to clients of triennially inspected firms. These findings are robust to auditor‐client alignment analyses, propensity score matching, time‐series analyses, examination of firms that have changed from triennial to annual inspection, and particular examination of firms with inspection deficiencies. Overall, our study suggests that the two‐tier frequency system of PCAOB inspection may have also resulted in two‐tier audit quality and audit fee systems for small and midsize public accounting firms, with more frequent inspection leading to more rigorous and informed auditor decisions. We discuss the implications of our results for the Board and the profession at large.     

Post encroachment time threshold identification for right-turn related crashes at unsignalized intersections on intercity highways under mixed traffic

Abstract

Unsignalized intersections in developing countries experience many serious conflicts between cross-traffic due to indiscipline traffic manoeuvrability. Historically, Post Encroachment Time (PET) has gained attention as a proximal indicator to analyze crossing conflicts. However, identifying an appropriate PET threshold to classify critical conflicts for highly heterogeneous traffic scenario is still an unexplored area. Consequently, this study proposes a novel approach of PET threshold identification with proof of application by collecting data from ten intersections located on four-lane intercity highways in the National Capital Region (NCR), India. Both crossing conflicts and right-turn related crash data (for the left-hand drive) are collected. Their correlations are thoroughly studied for each PET threshold using a quantitative technique considering all and individual vehicle categories. Finally, a qualitative analysis is done by ranking the sites based on cumulative PET and related crashes to verify the proposed quantitative technique. A PET threshold of 1?s is obtained from both the techniques which can be used to identify critical conflicts for unsignalized intersections located on four-lane intercity highways. The proposed methodology will serve as an alternative, faster and effective tool to evaluate the hazardousness of unsignalized intersections located on intercity highways under highly heterogeneous traffic condition.