Academic literature on the topic 'Business Law'

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Journal articles on the topic "Business Law"

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D'Arruda, Kimberley A. "Business Law." AAOHN Journal 50, no. 5 (May 2002): 234–43. http://dx.doi.org/10.1177/216507990205000510.

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Gale, Chris. "The business of business law." Managerial Law 49, no. 1/2 (February 6, 2007): 10–12. http://dx.doi.org/10.1108/03090550710759630.

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de Silva, Carrie. "Alix Adams, Law for business studentsEwan MacIntyre, Business law." Law Teacher 51, no. 4 (October 2, 2017): 527–29. http://dx.doi.org/10.1080/03069400.2017.1376946.

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PETTY, ROSS D., and RICHARD P. MANDEL. "PUTTING BUSINESS INTO BUSINESS LAW: THE INTEGRATION OF LAW AND BUSINESS STRATEGY." Journal of Legal Studies Education 10, no. 2 (June 1992): 205–18. http://dx.doi.org/10.1111/j.1744-1722.1992.tb00230.x.

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NAKAJO, Michie. "Alcohol Business Law." JOURNAL OF THE BREWING SOCIETY OF JAPAN 96, no. 1 (2001): 2–4. http://dx.doi.org/10.6013/jbrewsocjapan1988.96.2.

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Rodriguez, Jorge A. "Spanish Business Law." European Business Law Review 7, Issue 8/9 (August 1, 1996): 200–203. http://dx.doi.org/10.54648/eulr1996062.

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Tyagay, Ekaterina. "Russian Business Law." BRICS Law Journal 3, no. 2 (2016): 176–79. http://dx.doi.org/10.21684/2412-2343-2016-3-2-176-179.

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LITKA, MICHAEL P. "INTERNATIONAL BUSINESS LAW." Journal of Legal Studies Education 8, no. 1-2 (September 1989): 1–15. http://dx.doi.org/10.1111/j.1744-1722.1989.tb00188.x.

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Thomas, Jeffrey. "Insurance Law Between Business Law and Consumer Law." American Journal of Comparative Law 58, no. 1 (January 1, 2010): 353–67. http://dx.doi.org/10.5131/ajcl.2009.0043.

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CRACIUN, Dan. "Law and Morality in Modern Business." Logos Universality Mentality Education Novelty. Section: Philosophy and Humanistic Sciences 03, no. 01 (June 30, 2015): 83–95. http://dx.doi.org/10.18662/lumenphs.2015.0301.06.

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Dissertations / Theses on the topic "Business Law"

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Dorda, Svitlana Volodymyrivna, Світлана Володимирівна Дорда, and Светлана Владимировна Дорда. "Business English for Law." Thesis, Kyiv, 2001. http://essuir.sumdu.edu.ua/handle/123456789/63558.

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Modern community has provided a great deal of work for lawyers. The number of people entering the legal professions has been increasing, but the demand for lawyers has increased even faster, especially for those who can speak English.
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Liu, Wei. "Common law's expedition : the impact of Hong Kong business law on PRC business law." Thesis, University of Cambridge, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.245168.

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Borg-Barthet, Justin. "The governing law of companies in EU Law." Thesis, University of Aberdeen, 2010. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=167398.

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This thesis addresses the theoretical and legal foundations for choice of corporate law in the European Union. In particular, it evaluates the contractarian approach to choice of law, which has become the dominant paradigm. When contractual principle is viewed in its fullest form, it is found that corporate choice of law could be restricted for similar reasons to those which justify limitations to party autonomy in contractual choice of law. What is more, economic arguments for party autonomy should be refined in view of the fact that corporate legal theory is unsettled. Indeed, different views about the economic nature of companies are accounted for in State practice. Having rejected dogmatic approaches to the private international law of companies, it is then found that the EU Treaties contain contradictory signals about the place of party autonomy in choice of corporate law. The lack of clarity in the Treaties and lack of legislative progress has necessitated recourse to the European Court of Justice. The Court has, generally, adopted an interpretation of the Treaty which furthered economic integration. However, the judgments reveal numerous inconsistencies, and the law is in a constant state of flux. Added to the fact that the EU’s legislation is less permissive than the Court’s judgments, the law lacks clarity. Legislation is therefore needed. It is suggested that future legislation should entrench a degree of autonomy, but should also account for the fact that States differ on the goals of companies. While the law of the State of incorporation should govern all matters relating to the company’s internal law, European law should bind the Member State in which a company is established to require pseudo-foreign companies to incorporate norms of the State of its real seat in their statutes. This could be supported through the use of information technology solutions which have been pioneered in other fora.
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Norris-Jones, Renee. "Relationships Between Business Performance Variables and Solo Criminal Law Practitioner Business Success." Thesis, Walden University, 2017. http://pqdtopen.proquest.com/#viewpdf?dispub=10638890.

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Growing numbers of America’s 1,281,432 active licensed attorneys open their own law firms due to strained employment opportunities. With 50% of small businesses failing within 5 years, and solo law offices accounting for 75% of attorneys in private practice, there is a need for preparing solo criminal law practitioners for business success. Some solo criminal law practitioners do not understand the critical business performance variables that impact small business success. The total population for this quantitative correlational study included solo criminal law practitioners from the Philadelphia Bar Association Legal Directory and Pennsylvania Association of Criminal Defense Lawyers members. Barney’s resource-based theory (RBV) and Lussier’s nonfinancial success-failure business prediction model were the foundational frameworks of this study. I used Lussier’s nonfinancial success-failure questionnaire to collect data via a self-administered survey. A Kendall tau correlation was used to determine the relationship between Lussier’s 16 independent variables measuring success or failure and a single dependent variable of ‘level of profits’ for the 31 participants. 31 participants (4%) is a very low response rate. Increased participation is needed for better research results. Fifteen of the 16 variables showed no relationships with the level of success. Only 1 hypothesis showed a relationship between the type of start-up plan developed by the firm and the level of success (τ = .322, p = .032). The findings from this study support the Small Business Association’s definition of a business plan as a living roadmap for business success. The implications for positive social change include the potential to increase employment opportunities by directly impacting the economy in creating economic expansion.

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Lunová, Elina. "Impingement of law rules on the Retail Business." Master's thesis, Vysoká škola ekonomická v Praze, 2008. http://www.nusl.cz/ntk/nusl-12133.

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Adams, Karen Ann. "Accounting Strategies for Small Business Law Firms' Sustainability." ScholarWorks, 2016. https://scholarworks.waldenu.edu/dissertations/2629.

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Small business family law firms generate jobs within the local community, but often fail because of suboptimal accounting strategies. A multiple case study was used to research the accounting strategies small business family law firm owners use to succeed in business beyond 5 years. The population for this study was three small business owners of family law firms located in West Chester, Pennsylvania. The small business family law firm owners had achieved and maintained profitability of their businesses for a minimum of 5 years. Financial literacy theory and the leadership skill model comprised the conceptual framework for this study. Data collection included semistructured face-to-face interviews with the small business family law firm owners, a review of company documents, and field notes. Thematic analysis included data from face-to-face interviews, document collection, field notes, and current literature. Themes that emerged were (a) having or obtaining some formal accounting education, (b) working with an accounting professional, (c) categorizing expenses and using formal financial reporting, (d) developing and maintaining ethical standards of billing and unearned income, and (e) utilizing accounting software. Recommendations for action included investing in accounting courses and seeking professional assistance. Small business family law firm owners may apply these results to spend more time working with clients to increase income. Increasing the success of small business family law firm owners may contribute to positive social change by providing increased employment and economic health within communities.
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Galli, Federico <1993&gt. "Algorithmic business and EU law on fair trading." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2021. http://amsdottorato.unibo.it/9750/1/tesifinale_galli.pdf.

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This thesis studies how commercial practice is developing with artificial intelligence (AI) technologies and discusses some normative concepts in EU consumer law. The author analyses the phenomenon of 'algorithmic business', which defines the increasing use of data-driven AI in marketing organisations for the optimisation of a range of consumer-related tasks. The phenomenon is orienting business-consumer relations towards some general trends that influence power and behaviors of consumers. These developments are not taking place in a legal vacuum, but against the background of a normative system aimed at maintaining fairness and balance in market transactions. The author assesses current developments in commercial practices in the context of EU consumer law, which is specifically aimed at regulating commercial practices. The analysis is critical by design and without neglecting concrete practices tries to look at the big picture. The thesis consists of nine chapters divided in three thematic parts. The first part discusses the deployment of AI in marketing organisations, a brief history, the technical foundations, and their modes of integration in business organisations. In the second part, a selected number of socio-technical developments in commercial practice are analysed. The following are addressed: the monitoring and analysis of consumers’ behaviour based on data; the personalisation of commercial offers and customer experience; the use of information on consumers’ psychology and emotions, the mediation through marketing conversational applications. The third part assesses these developments in the context of EU consumer law and of the broader policy debate concerning consumer protection in the algorithmic society. In particular, two normative concepts underlying the EU fairness standard are analysed: manipulation, as a substantive regulatory standard that limits commercial behaviours in order to protect consumers’ informed and free choices and vulnerability, as a concept of social policy that portrays people who are more exposed to marketing practices.
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Prins, Deon. "Priority issues in business rescue." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/16728.

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The status of a creditor has always been vitally important in South African law. Our law contains numerous provisions - amongst others in the law of insolvency - to protect creditor's rights, that is, the ability of creditors to collect from debtor s what they are owed. Traditionally secured creditors - that is, creditors who hold some form of real security for their claim - rank higher in priority when it comes to repayment of their claims by a defaulting debtor, both in individual and collective debt enforcement procedures, and as such are, in the vast majority of cases, able to recover full or at least partial repayment of their claims. Business rescue was introduced into South African l aw with the commencement of the Companies Act 71 of 2008, which became effective on 1 May 201 1. Business rescue is a relatively new collective debt enforcement mechanism applicable to corporate debtors. There has been considerable uncertainty with regards to the interpretation of some of its provisions, mainly due to important concepts and terms not being defined. This uncertainty has extended to the provisions dealing with the extension of finance to a corporate debtor after commencement of the business rescue proceedings (so-called 'post-commencement finance') and the ranking of priority of creditors of such corporate debtor during the business rescue proceedings. The dissertation firstly seeks to explain the concept of business rescue, with specific emphasis on post-commencement finance. The relevant provisions relating to post-commencement finance are interpreted along the lines of recent principles governing statutory interpretation. An apparent conflict in the interpretation of these provisions is identified through specific reference to the limited number of judicial pronouncements on this subject matter to date. In attempting to resolve the apparent conflict in the interpretation of the relevant provisions, the dissertation then briefly considers the background to business rescue in South Africa. The Companies Act itself is considered, with specific reference to its stated purpose and objects, along with a look at the historical development of the specific provisions in question. A brief review is then undertaken of the role and f unction of real security in a collectively debt enforcement procedure such as business rescue under South African law, with specific reference to the existing distribution rules in insolvency la w. A comparative review of relevant foreign jurisdictions is then carried out. The dissertation concludes with a suggested approach to the interpretation of the ranking of priorities under business rescue.
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Scruggs, Larry Glen. "Unrelated Business Enterprise and Unfair Business Competition Issues Facing Nonprofit Organizations." PDXScholar, 1996. https://pdxscholar.library.pdx.edu/open_access_etds/1361.

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Unrelated business enterprises have been an appropriate way for nonprofit organizations to generate income since the first income tax was enacted into law. The Internal Revenue Act of 1950 clarified this opportunity and enacted the Unrelated Business Income Tax to ensure that fair competition existed between nonprofits and for profit organizations. Nonprofit organizations conducting unrelated business enterprises are faced with a dilemma: it is legal for them to conduct such enterprises but if they do so they face potential litigation from for profit business for unfair competition and/or potential loss of tax-exempt status for operating outside of their exempt function. This dissertation traces the history and theory of tax-exempt status, the history of unrelated business enterprises, and how several states, including Oregon, have addressed the issue. It then explains two major pieces of litigation in Oregon in the 1980's, Southern Oregon State College and YMCA of Columbia-Willamette, then discusses the history of the media attention and legislative/bureaucratic action in the same period. Current litigation and media attention is then discussed. The paper then discusses two theoretical frameworks, Agenda Building and Advocacy Coalition, as a means to analyze the data. Following is a discussion of how the issues of unrelated business enterprises and unfair business competition can be handled by nonprofits and the changing criteria for tax-exempt status in Oregon. The dissertation concludes with the changing criteria for tax-exempt status in Oregon and fundamental philosophical and political issues yet to be decided. Included are recommendations such as a periodic review of tax-exempt status of nonprofits, the need for nonprofits to continually review their mission and exempt purpose, the need for nonprofits to maintain their relationships with the community they serve, and how nonprofits need to develop a self-governing program before government develops one for them.
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Raiskin, Julia. "The role of law in Russian international business transactions." Thesis, University of Oxford, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.402789.

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Books on the topic "Business Law"

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MacIntyre, Ewan. Business law. Harlow, England: Pearson Longman, 2008.

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Emerson, Robert W. Business law. 4th ed. Hauppauge, N.Y: Barron's, 2004.

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Kelly, David, Ruby Hammer, Janice Denoncourt, and John Hendy. Business Law. Fourth edition. | Milton Park, Abingdon, Oxon; New York, NY : Routledge, 2020.: Routledge, 2020. http://dx.doi.org/10.4324/9780429297694.

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Emerson, Robert W. Business law. 3rd ed. Hauppauge, N.Y: Barron's Educational Series, 1997.

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Demichev, Alekey, Mihail Karpychev, Aleksandr Leonov, Oksana Malyutina, Nadezhda Nazarova, Aleksndr Pchelkin, Omar Rashidov, Ol'ga Sizemova, and Al'fir Huzhin. Business law. ru: INFRA-M Academic Publishing LLC., 2021. http://dx.doi.org/10.12737/1146803.

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The textbook examines the main problems of business law based on the analysis of current legislation and law enforcement practice. Meets the requirements of the federal state educational standards of higher education of the latest generation and the Educational standard of the National Research University " Higher School of Economics "in the field of training"Jurisprudence". For students of higher educational institutions studying in the field of Law and the specialties "Law Enforcement" and "Legal support of national security" , as well as for anyone interested in the problems of business law.
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Judge, Stephen. Business Law. London: Macmillan Education UK, 1999. http://dx.doi.org/10.1007/978-1-349-14962-9.

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Judge, Stephen. Business Law. London: Macmillan Education UK, 2009. http://dx.doi.org/10.1007/978-1-137-12044-1.

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Kelly, David, Ruby Hammer, and John Hendy. business law. Third edition. | Abingdon, Oxon ; New York, NY: Routledge, 2017.: Routledge, 2017. http://dx.doi.org/10.4324/9781315726205.

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Abbott, Keith. Business law. 6th ed. London: DP Publications, 1996.

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Miller, Arthur Raphael. Business law. Glenview, Ill: Scott, Foresman/Little, Brown Higher Education, 1990.

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Book chapters on the topic "Business Law"

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Judge, Stephen. "Competition Law." In Business Law, 503–29. London: Macmillan Education UK, 1999. http://dx.doi.org/10.1007/978-1-349-14962-9_17.

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Kelly, David, Ruby Hammer, Janice Denoncourt, and John Hendy. "Partnership law." In Business Law, 333–63. Fourth edition. | Milton Park, Abingdon, Oxon; New York, NY : Routledge, 2020.: Routledge, 2020. http://dx.doi.org/10.4324/9780429297694-17.

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Judge, Stephen. "Contract law." In Business Law, 47–84. London: Macmillan Education UK, 2009. http://dx.doi.org/10.1007/978-1-137-12044-1_3.

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Judge, Stephen. "Tort law." In Business Law, 85–114. London: Macmillan Education UK, 2009. http://dx.doi.org/10.1007/978-1-137-12044-1_4.

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Judge, Stephen. "Business Organisations." In Business Law, 157–72. London: Macmillan Education UK, 1999. http://dx.doi.org/10.1007/978-1-349-14962-9_6.

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Judge, Stephen. "Business Property." In Business Law, 259–92. London: Macmillan Education UK, 1999. http://dx.doi.org/10.1007/978-1-349-14962-9_9.

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Judge, Stephen. "Business property." In Business Law, 309–39. London: Macmillan Education UK, 2009. http://dx.doi.org/10.1007/978-1-137-12044-1_14.

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Sargeant, Malcolm, and David Lewis. "Business restructuring." In Employment Law, 295–328. 9th edition. | Milton Park, Abingdon, Oxon ; New York, NY :: Routledge, 2020. http://dx.doi.org/10.4324/9780429259241-10.

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Caristi, Dom, and William R. Davie. "Media Business Law." In Communication Law, 327–51. Second edition. | New York, NY : Routledge, 2018.: Routledge, 2018. http://dx.doi.org/10.4324/9781315448367-13.

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Caristi, Dom, William R. Davie, and Laurie Thomas Lee. "Media Business Law." In Communication Law, 377–405. 3rd ed. New York: Routledge, 2021. http://dx.doi.org/10.4324/9781003091660-12.

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Conference papers on the topic "Business Law"

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Самохина, Екатерина Александровна. "BUSINESS LAW AND BUSINESS RELATIONS." In Правовые аспекты регулирования в обществе и в экономике: сборник статей международной научной конференции (Выборг, Январь 2024). Crossref, 2024. http://dx.doi.org/10.37539/240129.2024.46.37.002.

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В данной статье речь пойдет о таких понятиях как «предпринимательское право», «предпринимательские отношения», «предпринимательская деятельность», а также затронет начальный исторический период становления в России предпринимательского права. This article will discuss such concepts as “entrepreneurial law”, “entrepreneurial relations”, “entrepreneurial activity”, and will also touch upon the initial historical period of the formation of entrepreneurial law in Russia.
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Serrano, María. "BUSINESS LAW IN COLOMBIA." In 16th International Conference on Education and New Learning Technologies. IATED, 2024. http://dx.doi.org/10.21125/edulearn.2024.1371.

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Governatori, Guido. "Law, logic and business processes." In 2010 Third International Workshop on Requirements Engineering and Law (RELAW). IEEE, 2010. http://dx.doi.org/10.1109/relaw.2010.5625356.

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Balaj, Nexhat, Filloreta Balaj, and Llazar Haxhinasto. "Kosovo Environmental law from an International Environmental law perspective." In University for Business and Technology International Conference. Pristina, Kosovo: University for Business and Technology, 2018. http://dx.doi.org/10.33107/ubt-ic.2018.264.

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Dyachenko, Olga Viktorovna, and Andrey Petrovich Mazurenko. "LAW-MAKING POLICY AS A FACTOR IN IMPROVING BUSINESS LAW." In Themed collection of papers from Foreign International Scientific Conference «Modern research on the way to a new scientific revolution». Part 1. by HNRI «National development» in cooperation with AFP (Puerto Cabezas, Nicaragua). November 2023. – Varadero (Cuba). Crossref, 2024. http://dx.doi.org/10.37539/231128.2023.44.33.012.

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The doctrinal aspects of improving business law with the help of law-making policy are considered. Various points of view on the content and purpose of this type of legal policy of the state are analyzed, as well as author's conclusions are drawn about its potential to influence certain branches of law.
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Jusmadi, Rhido, and R. Wahjoe Poernomo. "Relaxation of business competition law enforcement and its existence in the Indonesian business competition law system." In 3RD INTERNATIONAL CONFERENCE OF BIO-BASED ECONOMY FOR APPLICATION AND UTILITY. AIP Publishing, 2023. http://dx.doi.org/10.1063/5.0120242.

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Sabedini, Musa. "Journalism Ethics and Law." In University for Business and Technology International Conference. Pristina, Kosovo: University for Business and Technology, 2014. http://dx.doi.org/10.33107/ubt-ic.2014.32.

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Sushkova, Olga. "Civil Law Means of Digital Business Transformation." In INTERNATIONAL SCIENTIFIC FORUM ON JURISPRUDENCE. SCITEPRESS - Science and Technology Publications, 2021. http://dx.doi.org/10.5220/0010662200003224.

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Paula, Çirakolli, and Matuka Adelajda. "Immigration Law and Border Studies." In University for Business and Technology International Conference. Pristina, Kosovo: University for Business and Technology, 2017. http://dx.doi.org/10.33107/ubt-ic.2017.259.

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"BUSINESS AGREEMENT AT CONCENTRATION OF PRODUCTION." In Global Business and Law Development Imperatives. Київський національний торговельно-економічний університет, 2019. http://dx.doi.org/10.31617/k.knute.2019-10-10.25.

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Reports on the topic "Business Law"

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Bertlin, Julian. Climate & environment assessment. Business case: Commercial Law and Justice Programme (CLJP). Evidence on Demand, November 2013. http://dx.doi.org/10.12774/eod_hd.nov2013.bertlin.

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Zankovskij, S. S. NEGOTIATIONS ON CONCLUSION OF AGREEMENT IN BUSINESS: LEGAL NATURE AND PROBLEMS OF LAW ENFORCEMENT. Пробелы в российском законодательстве, 2020. http://dx.doi.org/10.18411/0131-5226-2020-60003.

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Quak, Evert-jan. Business Environment Regulatory Reforms and Women’s Economic Empowerment. Institute of Development Studies, June 2023. http://dx.doi.org/10.19088/k4dd.2024.004.

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This rapid review synthesises the literature from academic sources, knowledge institutions, non-governmental organisations (NGOs), and trusted independent media outlets on the evidence how business environment and product safety regulatory reforms can contribute directly and indirectly to women’s economic empowerment and micro- small- and medium sized enterprises business performance. The rapid review concludes that business environment and product safety regulatory reform interventions with a narrow look at the design and implementation of a specific law, regulation, or policy, might not generate the most impact. Importantly, robust evidence on what works is far from abundant, except forproperty registration regulations for women.
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Saha, Amrita, Jodie Thorpe, Keir Macdonald, and Kelbesa Megersa. Linking Business Environment Reform with Gender and Inclusion: A Study of Business Licensing Reform in Indonesia. Institute of Development Studies (IDS), January 2021. http://dx.doi.org/10.19088/k4d.2021.001.

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Business environment reform (BER) targets inadequate business regulations. It is intended to remove constraints to business investment, enabling growth and job creation, and create opportunities for international business to contribute to and benefit from this growth. However, there is a lack of detailed knowledge of the impact of BER on gender and inclusion (G&I). While a review of existing literature suggests that in general, there is no direct link between BER and G&I, indirect links are likely through the influence of BER on firm performance. Outcomes will be influenced by the differential ways in which women-led firms experience the business environment when compared to their male counterparts, with disparities based on how they are treated under the law, as well as structural and sociocultural factors. The fact that in many countries, female-led firms are fewer and smaller than those of their male counterparts, and may operate in different sectors, also affects these dynamics. This research offers new insights through an in-depth analysis of the impact of the Pelayanan Terpadu Satu Pintu (PTSP) or one-stop shop business licensing reform in 2009 on firm performance in Indonesia, and how these impacts vary based on the gender of firm leadership. The results find that on average, firms benefited from improved business performance (sales), as a direct or indirect effect of this reform, as well as an increase in the number of medium and large-scale firms. Outside Jakarta (Bali, Banten, Lampung), women-led firms experienced a small but significant benefit relative to male-led firms, related to both sales and the number of medium and large-scale firms they run. In Jakarta, women-led firms continued to lag behind men and there were no significant effects on employment, and this held across province and gender. These findings are based on an analysis of the PTSP reform using data from the World Bank Enterprise Survey (WBES), a survey of small, medium and large firms (i.e. with more than four employees) which took place in Indonesia between 2009 and 2015.
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Macdonald, Keir. The Impact of Business Environment Reforms on Poverty, Gender and Inclusion. Institute of Development Studies (IDS), January 2021. http://dx.doi.org/10.19088/k4d.2021.006.

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This rapid review synthesises the literature from academic, policy, and knowledge institution sources on how business environment reforms in middle-income countries impacts on poverty, gender and inclusion. Although, there is limited evidence on the direct impact of business environment reforms on poverty, gender, and inclusion, this review illustrates that there is evidence of indirect effects of such reforms. Business environment reform (BER) targets inadequate business regulations and institutions, in order to remove constraints to business investment and expansion, enabling growth and job creation, as well as new opportunities for international business to contribute to and benefit from this growth. However, there is a lack of detailed knowledge of the impact of BER on gender and inclusion (G&I) outcomes, in terms of the potential to remove institutional barriers which exclude formerly marginalised groups from business opportunities, in ways that promote equal access to resources, opportunities, benefits, and services. The literature shows how the business environment affects women in business, and how women’s experiences of a given business environment can be different from those of men. This is the result of disparities in how they are treated under the law, but also based on structural and sociocultural factors which influence how men and women behave in a given business environment and the barriers they face.
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6

Broadberry, Stephen, Nicholas Crafts, Leigh Gardner, Rocco Macchiavello, Anandi Mani, and Christopher Woodruff. Unlocking Development: A CAGE Policy Report. Edited by Mark Harrison. The Social Market Foundation, November 2014. http://dx.doi.org/10.31273/978-1-904899-98-3.

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The world’s poor are ‘trapped’ in poverty. How can we unlock development so that poor countries can sustain economic growth over long periods of time? Our report considers this problem on three levels, the national economy, the private sector, and citizenship. At the core of each chapter is new research by CAGE members and associates. Chapter 1 addresses the factors underlying sustainable growth of the national economy. Chapter 2 looks for the sources of business capacity and sustainable growth of the private sector. Chapter 3 links citizenship to economic development, showing how political voice can enable women to participate more freely in society and the economy. In all three chapters we show how economic development relies on the rule of law, including a framework of laws and their enforcement that is applied to all and accessible by all. We show how, without such a framework, the sustainable growth of national economies and their businesses is threatened when laws fail to resolve conflicts. This failure is often accompanied by corruption or violence. So, we discuss what can be done to promote the rule of law; to make economic growth more stable and sustainable; to enhance the capacity of business organisations that are most likely to attract, grow and create jobs; and to enable women to play a full part in economic development as citizens, providers, and entrepreneurs. Foreword by Frances Cairncross; Introduced by Nicholas Crafts.
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Bravo, David, Sergio Urzúa, and Claudia Sanhueza. Is There Labor Market Discrimination among Professionals in Chile?: Lawyers, Doctors and Businesspeople. Inter-American Development Bank, May 2008. http://dx.doi.org/10.18235/0011271.

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This paper analyzes gender differences in three Chilean professional labor markets, business, law and medicine, utilizing a new and rich data set collected for this purpose. The results show that differences in wages attributed to gender are only present in the legal profession. In business/economics, a vector of current family condition eliminates the gender effect and in Medicine, taking into account hours worked, size of firm and region also eliminates gender differences. The paper further shows that individuals' perceived locus of control (internal or external) is relevant in explaining the distribution of earnings.
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8

Cachalia, Firoz, and Jonathan Klaaren. A South African Public Law Perspective on Digitalisation in the Health Sector. Digital Pathways at Oxford, July 2021. http://dx.doi.org/10.35489/bsg-dp-wp_2021/05.

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We explored some of the questions posed by digitalisation in an accompanying working paper focused on constitutional theory: Digitalisation, the ‘Fourth Industrial Revolution’ and the Constitutional Law of Privacy in South Africa. In that paper, we asked what legal resources are available in the South African legal system to respond to the risk and benefits posed by digitalisation. We argued that this question would be best answered by developing what we have termed a 'South African public law perspective'. In our view, while any particular legal system may often lag behind, the law constitutes an adaptive resource that can and should respond to disruptive technological change by re-examining existing concepts and creating new, more adequate conceptions. Our public law perspective reframes privacy law as both a private and a public good essential to the functioning of a constitutional democracy in the era of digitalisation. In this working paper, we take the analysis one practical step further: we use our public law perspective on digitalisation in the South African health sector. We do so because this sector is significant in its own right – public health is necessary for a healthy society – and also to further explore how and to what extent the South African constitutional framework provides resources at least roughly adequate for the challenges posed by the current 'digitalisation plus' era. The theoretical perspective we have developed is certainly relevant to digitalisation’s impact in the health sector. The social, economic and political progress that took place in the 20th century was strongly correlated with technological change of the first three industrial revolutions. The technological innovations associated with what many are terming ‘the fourth industrial revolution’ are also of undoubted utility in the form of new possibilities for enhanced productivity, business formation and wealth creation, as well as the enhanced efficacy of public action to address basic needs such as education and public health.
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Benavente, José Miguel, and Pluvia Zuñiga. How Does Market Competition Affect Firm Innovation Incentives in Emerging Countries? Evidence from Chile and Colombia. Inter-American Development Bank, May 2022. http://dx.doi.org/10.18235/0004235.

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The effect of market competition on firm innovation remains controversial, especially in the context of developing countries. This paper presents new empirical evidence about the causal impact of competition on firm innovation for Chilean and Colombian manufacturing firms. Using instrumental-variable estimation, our results show that market competition increases firm propensity to invest in innovation, but this relationship manifests differently in the two countries. While this relationship is linear in Chilean firms, an inversed-U shaped relation prevails in Colombian firms. In both countries, however, innovation incentives are mostly concentrated in the medium range of the firm productivity distribution. These findings are robust to including past innovation engagement, import competition, and business dynamics. In addition, first- stage estimations show that competition law interventions improved market competition in sanctioned sectors while business entry reforms significantly leveraged competition across industries. These findings stress the importance of pro-competition regulations and competition policy, not only to benefit consumers welfare but also to support firm innovation.
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10

Michel, Bob, and Tatiana Falcão. Taxing Profits from International Maritime Shipping in Africa: Past, Present and Future of UN Model Article 8 (Alternative B). Institute of Development Studies (IDS), November 2021. http://dx.doi.org/10.19088/ictd.2021.023.

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International maritime shipping is an essential part of global business. Since the establishment of the current international tax regime in the 1920s, there has been a consensus that profits generated by this business are taxable only in the residence state –the state where the shipowners are located. Source states – the port states where business physically takes place – are generally expected to exempt income from international shipping. This standard is currently reflected in Article 8 of the OECD Model and Article 8 (Alternative A) of the UN Model, and is incorporated in the vast majority of bilateral tax treaties currently in force. Exclusive residence state taxation of shipping profits is problematic when the size of mercantile fleets and shipping flows between two states are of unequal size. This is often the case in relations between a developed and developing country. The latter often lack a substantial domestic mercantile fleet, but serve as an important revenue-generating port state for the fleet of the developed country. To come to a more balanced allocation of taxing rights in such a case, a source taxation alternative has been inserted in UN Model Article 8 (Alternative B). From its inception, Article 8B has been labelled impractical due to the lack of guidance on core issues, like sourcing rules and profit allocation. This gap is said to explain the low adoption rate of Article 8B in global tax treaty practice. In reality, tax treaty practice regarding Article 8B is heavily concentrated and flourishing in a handful of countries in South/South-East Asia – Bangladesh, India, Indonesia, Myanmar, Pakistan, the Philippines, Sri Lanka and Thailand. All these countries subject non-resident shipping income to tax in their domestic income tax laws. Except for India, all countries are able to exercise these domestic tax law rules in relation to shipping enterprises located in the biggest shipowner states, either because they have a treaty in place that provides for source taxation or because there is no treaty at all and thus no restriction of domestic law. None of the relevant tax treaties contain a provision that incorporates the exact wording of Article 8B of the UN Model. If other countries, like coastal countries in sub-Saharan Africa, are looking to implement source taxation of maritime shipping income in the future, they are advised to draw on the South/South-East Asian experience. Best practice can be distilled regarding sourcing rule, source tax limitation, profit attribution and method of taxation (on gross or net basis). In addition to technical guidance on tax, the South/South-East Asian experience also provides important general policy considerations countries should take into account when determining whether source taxation of maritime shipping profits is an appropriate target for their future tax treaty negotiations.
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