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In China, corporate management and business transactions often relegate the legal system to a more peripheral role. Chinese companies then encounter formidable institutional obstacles when operating in developed countries with robust, strict, and complex legal systems. Obviously, nowhere else are the hurdles as high as in the United States. How then do Chinese investors negotiate the omnipresent legal risks? This chapter begins with an overview of China’s outbound direct investment in the United States. It then introduces research questions ranging from the role of in-house legal counsel in Chinese companies to their legal responses to unfair treatment by the US government. Next, this chapter selectively summarizes and critically reviews the existing literature pertinent to the interactions between multinational companies and the complex US legal system. From this, I formulate a comprehensive theoretical framework predicated on dual institutional influence, which will be applied consistently throughout the book. The chapter concludes with a description of the research methodology.
We study the $\kappa $-Borel-reducibility of isomorphism relations of complete first-order theories by using coloured trees. Under some cardinality assumptions, we show the following: For all theories T and T’, if T is classifiable and T’ is unsuperstable, then the isomorphism of models of T’ is strictly above the isomorphism of models of T with respect to $\kappa $-Borel-reducibility.
Gestalt psychology originated as a German intellectual movement heavily influenced by the precedents of the Würzburg school and phenomenological approaches to science. The early Gestaltists directly challenged Wundt’s structural psychology and were largely successful in pursuing the traditions of Brentano and Stumpf. Originating in Wertheimer’s research on apparent movement, or the phi phenomenon, the Gestalt principles were founded on the assumption of the inherent organization of person-environment interactions. The writings of Köhler and Koffka expanded the perceptual basis to formulate a comprehensive system of psychology especially amenable to higher thought processes of insight, understanding, and productive thinking. When the movement was threatened with destruction by the intellectual sterility of Nazi tyranny, the leaders fled to America. Unfortunately, the Gestalt movement was out of tune with the prevailing behavioristic character of American psychology. However, the Gestaltists assumed an important role in broadening the basis of behaviorism to foster a complete view of learning processes. One application of Gestalt views, contained in Lewin’s field theory, met with success in providing an empirical model of personality and social activities. The Gestalt movement, although it did not retain a separate identity, contributed greatly to the reformulation of psychology.
We prove a strengthened version of Shavrukov’s result on the non-isomorphism of diagonalizable algebras of two $\Sigma _1$-sound theories, based on the improvements previously found by Adamsson. We then obtain several corollaries to the strengthened result by applying it to various pairs of theories and obtain new non-isomorphism examples. In particular, we show that there are no surjective homomorphisms from the algebra $(\mathfrak {L}_T, \Box _T\Box _T)$ onto the algebra $(\mathfrak {L}_T, \Box _T)$. The case of bimodal diagonalizable algebras is also considered. We give several examples of pairs of theories with isomorphic diagonalizable algebras but non-isomorphic bimodal diagonalizable algebras.
Within linguistics, the formal and functional approaches each offer insight into what language might be and how it operates, but so far, there have been hardly any systematic attempts to integrate them into a single theory. This book explores the relationship between universal grammar - the theory that we have an innate mechanism for generating sentences - and iconicity - the resemblance between form and meaning in language. It offers a new theory of their interactions, 'UG-iconicity interface' (UG-I), which shows that not only do universal grammar and iconicity coexist, but in fact collaborate in intricate and predictable ways. The theory explains various recalcitrant cross-linguistic facts surrounding the serial verb constructions, coordination, semantically and categorically obscure 'linkers', the multiple grammatical aspects of the external argument, and non-canonical arguments. This groundbreaking work is essential reading for researchers and postgraduate students in linguistics, as well as scholars in psychology and cognitive science.
The SVCs have a cluster of grammatical traits not derivable exclusively from UG, some of which have been misrepresented/misunderstood in the UG literature. The first functional void of UG is proposed which limits the lexicalization of a semantic relation R to only those cases where R connects first-order entities. All the characteristic properties of SVCs result from this functional void collaborating with the proposed Serial Verb Parameter (SVP) in the theory of the UG–iconicity interface. It also explains a wide range of related cross-linguistic facts, from phrasal SVCs to compounds, the parametric variations between Chinese and Gbe languages in (dis)allowing ditransitive V1, why the resultative SVC acts in a particular set of ways different from other types and the subtle disparities between head-initial and head-final SVCs, as well as the full range of variations among Kwa languages in object- and verb-fronting. The relation between the linearization pattern of UG and the iconicity-induced word order of SVCs is shown to pattern with the “high” and “low” neural pathways underlying fear, with implications on the nature of redundancy in biologically based systems and suggestive of an evolutionary connection between these two linearization mechanisms in language.
This chapter traces the part the International Chamber of Commerce (ICC) played in the development of a modern, robust, and efficient system of dispute resolution, looking at how international commercial arbitration developed from within the ICC – how it was institutionalized. The chapter is divided into two sections. The first traces the creation of the ICC dispute resolution system. It shows that some of the founders of the ICC and its Court of Arbitration were familiar with, and may have been inspired by, the arbitration rules of other organizations. Yet the ICC was also innovatory, codifying new rules and practices, as clearly reflected in the rules used to govern arbitral proceedings. This chapter refers to all fourteen versions of the ICC Rules of Arbitration – including the amendments – from 1922 to the present. The second section explores the evolution of the ICC dispute resolution system. It describes the major shifts the system underwent in the 1920s and 1930s: from conciliation to arbitration and from equity to law. These changes reflect the ICC’s increasingly important role in the administration of international disputes.
This chapter provides a brief, non-technical introduction to the strictly linguistic aspects of the evolution of World Englishes: the reasons for the fact that New Englishes have developed distinctive forms of their own, and the processes that have brought these new properties about. These speech forms and habits are shown to be products of language contact situations, with features of indigenous languages taken over into local forms of English, and an interplay of language-internal (such as effects of cognition, tendencies towards simplicity, regularity, or assigning a functional load to language forms) and extralinguistic factors (including demographic proportions, power relationships, prestige and social attitudes and identities). Secondly, it is shown that World Englishes share not only such evolutionary trajectories but also specific forms and features on the levels of vocabulary, pronunciation, and grammar (such as reduced or modified vowel and sound systems, semantic shifting and typical word-formation processes, or characteristic grammatical innovations, often starting out at the interface between lexis and grammar). All linguistic forms brought into a contact situation constitute a "pool" of linguistic options, of which some then are successfully selected to become elements of a newly-emerging dialect of English.
Australia’s welfare-to-work system has been subject to ongoing political contestation and policy reform since the 1990s. In this paper we take a big picture look at the Australian system over time, re-visiting our earlier analysis of the impact of marketisation on flexibility at the frontline over the first ten years of the Australian market in employment services. That analysis demonstrated that marketisation had failed to deliver the service flexibility intended through contracting-out, and had instead produced market herding around a common set of standardised frontline practices. In the interim, there have been two further major redesigns of the Australian system at considerable expense to taxpayers. Re-introducing greater flexibility and service tailoring into the market has been a key aim of these reforms. Calling on evidence from an original, longitudinal survey of frontline employment service staff run in 2008, 2012 and 2016, this paper considers how the Australian market has evolved over its second decade. We find remarkable consistency over time and, indeed, evidence of deepening organisational convergence. We conclude that, once in motion, isomorphic pressures towards standardisation quickly get locked into quasi-market regimes; at least when these pressures occur in low-trust contracting environments.
This article builds on previous studies concerning the question of street-level bureaucracy, an expression coined by Lipsky (1980) – Street-Level Bureaucracy. Dilemmas of the Individual in Public Services (New York: Russel Sage Foundation) – to highlight the importance of the discretionary power that professionals in public agencies exercise during the implementation of laws, standards and guidelines. Discretion may depend on the need to compromise between the limited resources available and the claims of citizens, or between administrative policy directives and assessments, on the one hand, and their interpretation by “street-level” bureaucrats, on the other. This article focuses on the dilemmas that labour inspectors face when dealing with employment irregularities involving domestic workers. Based on nine months of observations in a local office of the Italian Labour Inspectorate, it aims to understand how labour inspectors make use of their discretionary power when the workplace is the home. This article connects studies of street-level bureaucracy with the new institutional organisational analysis, focusing on the isomorphic pressures from the institutional field in which the labour inspectors operate, together with the manner in which such pressures shape labour inspectors’ discretion. Through this connection, the article aims to extend the scope of both theories.
The Univalence axiom, due to Vladimir Voevodsky, is often taken to be one of the most important discoveries arising from the Homotopy Type Theory (HoTT) research programme. It is said by Steve Awodey that Univalence embodies mathematical structuralism, and that Univalence may be regarded as ‘expanding the notion of identity to that of equivalence’. This article explores the conceptual, foundational and philosophical status of Univalence in Homotopy Type Theory. It extends our Types-as-Concepts interpretation of HoTT to Universes, and offers an account of the Univalence axiom in such terms. We consider Awodey’s informal argument that Univalence is motivated by the principle that reasoning should be invariant under isomorphism, and we examine whether an autonomous and rigorous justification along these lines can be given. We consider two problems facing such a justification. First, there is a difference between equivalence and isomorphism and Univalence must be formulated in terms of the former. Second, the argument as presented cannot establish Univalence itself but only a weaker version of it, and must be supplemented by an additional principle. The article argues that the prospects for an autonomous justification of Univalence are promising.
We investigate the isomorphic structure of the Cesàro spaces and their duals, the Tandori spaces. The main result states that the Cesàro function space $\text{Ces}_{\infty }$ and its sequence counterpart $\text{ces}_{\infty }$ are isomorphic. This is rather surprising since $\text{Ces}_{\infty }$ (like Talagrand’s example) has no natural lattice predual. We prove that $\text{ces}_{\infty }$ is not isomorphic to $\ell _{\infty }$ nor is $\text{Ces}_{\infty }$ isomorphic to the Tandori space $\widetilde{L_{1}}$ with the norm $\Vert f\Vert _{\widetilde{L_{1}}}=\Vert \widetilde{f}\Vert _{L_{1}}$, where $\widetilde{f}(t):=\text{ess}\,\sup _{s\geqslant t}|f(s)|$. Our investigation also involves an examination of the Schur and Dunford–Pettis properties of Cesàro and Tandori spaces. In particular, using results of Bourgain we show that a wide class of Cesàro–Marcinkiewicz and Cesàro–Lorentz spaces have the latter property.
Romanization in the province of Asia did not manifest itself in linguistic or cultural changes, but is very visible in a trend towards corporate organization. In the cities of western and southern Phrygia, professional associations developed that were able to gain a prominent position alongside the civic institutions. It is possible to relate this process to incentives provided by Roman law. In the villages surrounding these cities, and especially in the rural areas of northern and eastern Phrygia, the conditions were different, but there are several indications that a new preference for formal organization and its epigraphic representation developed here as well.
We use the best constants in the Khintchine inequality to generalise a theorem of Kato [‘Similarity for sequences of projections’, Bull. Amer. Math. Soc.73(6) (1967), 904–905] on similarity for sequences of projections in Hilbert spaces to the case of unconditional Schauder decompositions in $\ell _{p}$ spaces. We also sharpen a stability theorem of Vizitei [‘On the stability of bases of subspaces in a Banach space’, in: Studies on Algebra and Mathematical Analysis, Moldova Academy of Sciences (Kartja Moldovenjaska, Chişinău, 1965), 32–44; (in Russian)] in the case of unconditional Schauder decompositions in any Banach space.
Threats of radicalization have become dominant tropes for Western security agencies. This article examines efforts to address radicalization in the penal setting. Examining the prison counter-radicalization project directed by the secretive G8 Roma-Lyon Group, the article details Canadian participation on the basis of wanting to acquire counter-radicalization best practices from abroad. Contributing to criminal justice policy transfer studies, the article highlights disjunctures between reforms programs driven by powerful actors and particular contexts where these prescribed policy reforms take shape. Characterizing the Roma-Lyon Group as a venue for norm-makers such as the United States and the United Kingdom, and Canada as a norm-taker, the article traces the transfer of counter-radicalization practices from the transnational to the national level. Underlining how the replication of counter-radicalization policies fits into trends of precautionary risk and governing through insecurity, the article concludes by highlighting what the transfer of prisoner radicalization policy means for future socio-legal research.
Publicly traded Chinese firms recently reformed their ownership structuresby converting non-tradable shares, which constituted two-thirds of sharesoutstanding and were held largely by the state, into shares that could tradeon domestic exchanges. To facilitate this reform, tradable shareholders werecompensated with stock grants from non-tradable shareholders. Our analysisfocuses on the level of compensation, the compensation ratio, the ratio of new tradable shares granted to tradableshares outstanding before the reform. Contrary to the predictions ofasset-pricing models, most firms set the compensation ratio around 0.3. Weexplain this surprising convergence using institutional theory. In doing so,we analyze the power and interests of all relevant actors – not just owners,but also state regulators, executives, and other agents — and draw oninsights from resource-dependence and agency theories. We find strongevidence of coercive and mimetic isomorphism, but no evidence of normativeisomorphism. Because our dependent variable is continuous (a ratio), we areable to show that the mimetic effects we observe cannot be attributed tocoercion or norms. Thus, we not only explain an empirical puzzle, we alsoadvance institutional analysis of isomorphism by clearly distinguishingthree isomorphic forces that have been conflated in much previousresearch.
This article suggests that the lack of meaningful collaboration between the state and NGOs in China is not solely a result of the state seeking to restrict the development of the sector, or the fear of a potential opposing actor to the state; instead, interviews with NGOs in Beijing and Shanghai suggest that a lack of meaningful engagement between the state and NGOs can be partially attributed to isomorphic pressures within state–NGO relations, and insufficient epistemic awareness of NGO activities on the part of the state. In fact, the evidence suggests that once epistemic awareness is achieved by the state, it will have a stronger desire to interact with NGOs – with the caveat that the state will seek to utilize the material power of NGOs, rather than their symbolic, interpretive or geographical capital.
Over recent decades, nations worldwide have been struggling with public finance difficulties and other organizational and functional challenges that, inter alia, led to the EU Fiscal Stability Treaty in 2012. Under various reforms, poor-performing local authorities are subject to continuous pressure to employ turnaround management strategies – strategies borrowed from the private sector that are assumed to be effective in public-sector contexts. Based on insights from institutional theory, we argue not only that turnaround management strategies have been either poorly matched to the causes of failure in the government sector or poorly implemented, but that turnaround management strategies will almost always tend to fail in the public context. Based on survey data collected in local authorities, we empirically verify this argument. Theoretical and practical lessons for improving reforms in the government sector and other public organizations that face crisis are suggested.
We prove that a leafwise homotopy equivalence between compact foliated manifolds induces a well defined bounded operator between all Sobolov spaces of leafwise (for the natural foliations of the graphs of the original foliations) differential forms with coefficients in a leafwise flat bundle. We further prove that the associated map on the leafwise reduced L2 cohomology is an isomorphism which only depends on the leafwise homotopy class of the homotopy equivalence.