The Journal of American Academy of Business, Cambridge

Vol.  22 * Num.. 2 * March 2017

 The Library of Congress, Washington, DC   *   ISSN: 1540 – 7780

 Online Computer Library Center   *   OCLC: 805078765 

National Library of Australia * NLA: 42709473

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The primary goal of the journal will be to provide opportunities for business related academicians and professionals from various business related fields in a global realm to publish their paper in one source. The Journal of American Academy of Business, Cambridge will bring together academicians and professionals from all areas related business fields and related fields to interact with members inside and outside their own particular disciplines. The journal will provide opportunities for publishing researcher's paper as well as providing opportunities to view other's work. All submissions are subject to a double blind peer review process.  The Journal of American Academy of Business, Cambridge is a refereed academic journal which  publishes the  scientific research findings in its field with the ISSN 1540-7780 issued by the Library of Congress, Washington, DC.  The journal will meet the quality and integrity requirements of applicable accreditation agencies (AACSB, regional) and journal evaluation organizations to insure our publications provide our authors publication venues that are recognized by their institutions for academic advancement and academically qualified statue.  No Manuscript Will Be Accepted Without the Required Format.  All Manuscripts Should Be Professionally Proofread Before the Submission.  You can use www.editavenue.com for professional proofreading / editing etc...

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Engaged Student Learning in Social Entrepreneurship: A Nonprofit Experiential Exercise Supporting AACSB Standards

Dr. Kathryn J. Ready, Winona State University, Winona, MN

 

ABSTRACT

From a practical standpoint, educators strive for student learning derived from academically challenging curriculum that is both active and collaborative.  This engaged learning requires sense-making as well as activity; it is more than simply involvement or participation (Harper and Quaye, 2009).  Several definitions of engagement focus on the importance of involving and empowering students in the process of shaping their learning (HEFCE, 2008) and linking student engagement, both inside and outside the classroom, to measurable outcomes (Kuh et al, 2007; Krause and Coates, 2008).  Across a myriad of measures of reasons to engage, the majority of literature on student engagement focuses on improving student learning (Trowler, 2010). The significance of student engagement is supported by the standards for AACSB accreditation in business schools.  Accreditation requires evidence of continuous quality improvement in three areas:  engagement, innovation and impact (AACSB, 2016:  2)  Standard 13 of the AACSB focuses on curricula facilitating student academic and professional engagement appropriate to the degree program type and learning goals. “Student academic and professional engagement occurs when students are actively involved in their educational experiences in both academic and professional settings, and when they are able to connect these experiences in meaningful ways” (AACSB, 2016:37).  In order to satisfy these requirements, the overall curriculum in business schools provides a myriad of activities that support experiential learning for students and are consistent with the school’s mission.  AACSB suggests that this may include areas such as projects and experiential learning opportunities where students have opportunities to interact with faculty and business leaders to gain exposure to management in both local and national contexts (AACSB, 2016:  37).  The outcome of the student learning process can be in the form of projects, papers and presentations that show clear evidence of active student engaged learning.  AACSB suggests that the experiential learning activities should be documented and show that the learning is sufficient for and consistent with the degree type of learning goals. 

 

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Singapore’s Dominance in the Aviation Industry in South East Asia

 

Dr. Cindy Greenman, Embry-Riddle Aeronautical University, Prescott, AZ

Dr. Ricardo A. Carreras, Embry-Riddle Aeronautical University, Prescott, AZ

 

ABSTRACT

South East Asia has emerged over the past decade as one of the fastest growing aviation markets in the world.  Despite the recent economic downturn around the world, South East Asia is still achieving significant growth. With the amount of discretionary income on the rise for the people of the region, the aviation industry can expect to continue this trend. Singapore has been a leader in the South East Asian region and a leader in the aviation industry as a whole. The Association of South East Asian Nations, ASEAN, where all 10 southeastern Asian countries belong with the pursuing objective (among other specified aims, purposes and fundamental principles) of accelerating economic growth and social progress of member states through the expansion of trade, transportation and communications facilities, within a frame of close and beneficial international and regional cooperation. (ASEAN, 2015) The Asia-Pacific Economic Cooperation, APEC, where 21 selected member nations located on each side of the Pacific Ocean, established in order to leverage a sustainable and integrated economic growth for the peoples of the region, by collaborating effectively in the greater use of the primary economic activities, and by expanding trade, improving transportation and communications facilities in order to raise the standards of living of peoples of member countries. It also promotes investment in goods and services across borders through the facilitation of trade and the alignment of regulations and standards across the region. (APEC, 2015). As a participant in these two regional memberships, this research paper focuses on an analysis of the aeronautical industries of Singapore and its overall economic impact on that country. This study is framed on the premise that while Singapore’s developmental goals are aimed at maintaining its regional advantage in airport/airline socio-economics, the aviation industry in that country is so far advanced that they are doing more than just maintaining their advantage, but further distancing themselves from any competitor. Originally founded as a British colony in 1819, Singapore, officially known as the Republic of Singapore, is an island country in South East Asia.

 

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Building the Leadership Bench: An Empirical Assessment of the Relationship between Retirement and Internal Job Promotion within the Federal and Private Sector Organizations

Dr. Osman Masahudu, Colorado State University-Global Campus, CO

 

ABSTRACT

The objective of this study was to determine the correlation if any between internal job promotion and retirement within the federal and private sector organizations. Sample was selected through systematic random procedure and data was collected using self-administered questionnaires from a population and sample size of 250 and 101 respectively.  Data was analyzed using descriptive analysis to describe demographic profile of respondents;  Pearson product moment correlation was used to test the relationship between the dependent (internal job promotion) and independent (retirement) variables. The results indicate a significant negative relationship between internal job promotion and retirement as a result of higher p-value (p>0.05; r=0.009; r-square = 0.000, p-value = 0.929). This means as older and experienced employees retire, internal job promotion is less likely as indicated with higher p-value. The negative slope of the coefficient indicates that an increase in retirement does not correspond with an increase in internal promotion. Employees seeking promotion may have to look elsewhere or sharpen their leadership and technical skills to prove that they are change agents. innovative and change management oriented organizations are more likely to look outside for new or different skill set to fill internal positions  created as a result of retirement.  Relying on retirement for promotion opportunities internally may seem bleak for some employees both within the federal and private sectors. It is important for employees to focus more on sharpening their skill sets either managerial or technical for potential promotion and career advancement; rather than hoping for someone to leave the organization for them to get promoted. The number of people eligible to retire but have consistently postponed their retirement has decreased significantly since 2012. For example, according to PWC employee financial wellness survey (2015), the percentage of employees planning to postpone retirement has decreased since 2012 (53%). The study adds however, that retirement confidence is up for baby boomers and Gen X and holding steady for Gen Y employees. This may be partly due to the abundant of information via technology especially for Gen X. The consistent postponement of retirement by many employees may or may create opportunities for existing ones. People enter the workforce with hopes of advancing their career. Career advancement may or may not dependent on retirement.  Most senior management understands the value of internal promotion. Internal promotion has many benefits including high morale, increased confidence, short learning curve and most importantly less costly. However, not all internally promoted employees may exhibit these characteristics especially when it comes to change management. Internally promoted employees are more likely to stick to the status quo. Innovative and change management oriented organizations both in the federal and private sectors will look more externally to fill internal positions created by retirees.

 

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Legal Professional Privilege and the Australian in-house Lawyer: A Review of the Current Law

Carlo Soliman, LLM, Senior Lawyer and Law Lecturer, Sydney City Law School,

Victoria University, and Australian Institute of Professional Education, Sydney

 

ABSTRACT

Legal professional privilege is an important common law right and its retention is vital for the proper administration of justice. The application of the doctrine to corporations and their legal advisors remains a complex and vexed area. The multiplicity of roles commonly occupied by in-house lawyers in an organisation and the potential for the conflation of functions has raised some concern. For example, the level of independence required by an in-house lawyer before their advice can be the proper subject to a claim for privilege. However, what is needed is greater clarity on the role of the in-house lawyer, particularly in light of other professional duties that such a person may hold as this inherently impacts on whether there is a proper entitlement to claim privilege. This paper discusses legal professional privilege in the context of the in-house lawyer, surveys selected applicable cases and considers the retention or abrogation of privilege. The doctrine of legal professional privilege represents an important cornerstone of the Westminster common law system where a client can repose trust and confidence in their legal representative.  Broadly, it protects from disclosure to third parties communications between a lawyer and their client as a well as communications prepared for the dominant purposes of current or anticipated litigation.(2) Whilst previous research by this author has reviewed privilege in its general operation, the context of the doctrine in relation to the corporate client and in-house legal practitioners was given little attention. Indeed, the position of these latter categories of claimants is traditionally more nebulous as the boundaries of the client-legal practitioner relationship are often harder to define precisely. Whilst the position of the in-house lawyer is often described as unique,(3) it poses a number of challenges.  For example, the potential conflation of commercial and legal roles within an organisation can be problematic especially when a claim to privilege is made. This raises the issue of the level of independence required in order for an in-house lawyer to validly make a claim for privilege.  There has been considerable judicial attention both in Australia and abroad (4) on this issue. The number of cases clearly recognises that privilege is to be upheld and that the fact that a legal representative may be involved in the commercial affairs of his or her client does not automatically render such communication(s) as lacking the character necessary for a claim to privilege to be upheld. In Australia, there is no prima facie assumption for the belief that an in house lawyer is not independent.(5) What is required is a careful appraisal of the evidence and an objective assessment of the independence(6) of the lawyer in question.

 

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A Methodology for Quantifying General Damages Due to Injury

Dr. John E. Knight, University of Tennessee at Martin, Martin, TN

 

ABSTRACT

When physical injuries occur to someone as a result of an industrial accident or of someone else’s negligence, various damages may be claimed.  Compensatory damages can be either special damages (damages that can be quantified) or general damages (damages associated with pain and suffering, loss of consortium or mental anguish).  In this paper, a rationale for quantifying time loss due to injury is developed in an effort to make the results of the non-vocational additional time and work a quantifiable value.  A methodology will be presented that uses industrial engineering principals and time life data to provide a quantitative value so that a request for specific monetary damages can potentially be sought.  As an example,  additional time imposed losses such as prosthesis attachment several times per day (extra time and work) require specific time and work.  As such, a plaintiff could make a case for a loss of discretionary time and actual physically imposed work due to the injury.  Additionally, many other simple tasks like rising from chairs, using crutches or wheelchairs can create extra work and time loses.   This paper explores a specific methodology for quantifying the associated work and time loss associated with physical injuries.  Basically, a control group of uninjured individuals are tested performing a sample variety of everyday tasks and compared against the times for the injured individual.   Then, utilizing a real or hypothesized daily activity schedule, the increase in time required to perform necessary tasks is formulated.  Based on the total time loss per day, week, and year, a specific economic valuation of the time loss can then be calculated and claimed as a special damage rather than a general damage,  increasing the probability that the award will be granted.  Severe non-recoverable injuries resulting from work or other accidents sometime create obvious physically restrictive movements.  For example, the loss of a limb or paraplegia from an accident would create obvious change in lifestyle and possible physical activities.  For those cases where the injury was potentially the result of someone else’s negligence, the injured party most likely will seek monetary damages.  Several types of damages are provided in the law.  In general, compensatory damages seek a sum of money to indemnify the person for a particular loss and nothing more.  Most often these losses might be related to loss of earning capacity over the individual’s lifetime.  Compensatory damages may also be related to particular health care expenses that will be incurred over the lifetime of the individual.  The forms of damages that have specific measurable outcomes are known as special damages.  (Ball, 2001).  Another form of compensatory damages are known as general damages. 

 

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Capital Market Integration

Dr. David Morelli, University of Kent, Canterbury, Kent, UK

 

ABSTRACT

US investors looking to invest in European markets will be affected by the extent of integration between the US and European markets.  This paper examines the extent of integration between the capital markets of the US and four of the largest European economies namely, France, Germany, Italy and the UK.  Integration is tested by examining a US-European country multifactor asset pricing model. The results show common risk factors are found to be priced between the US and all four European markets, implying the existence of integration.  Investors are always seeking to achieve the highest return per unit of risk. From the point of view of an US investor, exposure to national systematic risk within the US can be reduced through international diversification by investing in capital markets outside the US. European markets allow investors to benefit from the advantage brought about through international diversification. Clearly, the diversification benefits to US investors investing in European markets depends upon the degree of integration between the US and European markets. Early studies by Gultekin et al. (1989), examining the US and Japan, Korajczyk and Viallet (1989) examining the US, Japan, France and the UK failed to find integration between these markets.  Later studies by Heston et al. (1995) examining Europe and the US, Cheng (1998) examining the UK and US markets, Swanson (2003) examining Japan, Germany and the US, and Morelli (2010) examining the European markets produced evidence in support of capital market integration.  This paper examines whether the US capital market is integrated with the capital markets of the four largest European economies, namely, the UK, Germany, France and Italy.  This question is addressed by testing a US-European country multifactor asset pricing model (1). Common factors are extracted from portfolios consisting of securities from the US and France, US and Germany, US and Italy, US and UK using maximum likelihood factor analysis.   Under such a model a security’s expected return is a function of its sensitivity to US-European country common factors. The approach adopted in this paper to examine capital market integration avoids the indeterminacy problem with factor score estimation thereby contributing to the existing literature that exists in the field of capital market integration  (2).  The data consists of monthly security returns of 200 securities from the US and 200 from each of the four European countries, France, Germany, Italy and the UK, over the period January 1993 to December 2010.  All returns are calculated in US dollars. Analysis is undertaken over the total data period and two sub-periods. Given that three of the European countries adopted the Euro as their currency during this time period, the sub-periods capture the effect of the Euro, if any, on the European markets.

 

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The Impact of Control Variables on the Interrelation between Passenger Loyalty Programs and Airline Customer Retention

Mark Wever, University of Latvia, Riga, Latvia

 

ABSTRACT

The influence of frequent flyer programs on customer retention in the airline industry demands further research. While previous studies indicate that airline loyalty is positively affected by frequent flyer programs, air flight ticket prices, national carrier status and perceived reputation (Dolnicar, Grabler, Grün, & Kulnig, 2011, p. 1020), the influence of loyalty programs on customer behavior can prove to be limited in its short- and long-term effectiveness among frequent service users, even though these programs can increase brand patronage levels, especially for low frequency service users (Liu, 2007, p. 19). Despite the widely held theoretical assumption that customer loyalty programs significantly affect consumer behavior, the empirical evidence demonstrating the effectiveness of loyalty programs is relatively scarce, contradictory and inconsistent (Bolton, Lemon, & Verhoef, 2004, p. 271). Insufficient research exists concerning customer behavior vis-à-vis alternative choices, such as between competing service providers (Meyer-Waarden, 2008, p. 88). The existence of loyalty programs at both low cost and full service carriers makes it important to pay research attention to the factors that affect customer retention in the process of decision making in the airline industry. Nonetheless, customer loyalty and frequency reward programs have long been recognized as important drivers of customer retention and purchase likelihood. Especially with respect to customer loyalty, statistical modeling results have shown that the impact of frequent flyer programs on airline choice is complexly related to other factors across different market segments. Therefore, customer loyalty programs, such as frequent flyer programs, may be expected to affect airline choice, due to the impact of attitudinal variables, given that these programs enable airlines to establish long-term relations with their customers.

 

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New Life For Old Theories – Integrating Management Theories Within A Meta-Model

Dr. David A Robinson, RMIT Asia Graduate Centre, RMIT University, Vietnam

Dr. W. Arthur Morgan, RMIT Asia Graduate Centre, RMIT University, Vietnam

Dr. Trung Quang Nguyen, RMIT Asia Graduate Centre, RMIT University, Vietnam

 

ABSTRACT

Some management theories never die, they just get old and lose their faculties often becoming distorted by the increasing number of ways and contexts in which they are explored. It is a truism that some management theories do not stand the test of time and in so doing are destined to be nothing more than a passing fad and quite rightly should be allowed to pass away quietly. It is not unknown for the proponent of a particular ‘hot’ theory to make considerable financial gains from the sale of books, guest lectures and the production and sale of self-help paperbacks of the type often found in airport bookstores and as such it might be argued they bring the common man into contact with theories that as a matter of a daily lived organisational life they would never have encountered otherwise.  This paper seeks firstly to establish the difference between a ‘fad’ and a ‘theory’ and then poses the questions: Can some management theories be combined to form a meta-model, thereby providing a firm foundation for the building of an effective business?  A management theory has been described as a “collection of ideas which set forth general rules on how to manage a business or organization (Business Directory; online, n.d.). Typically, a management theory is aimed at helping managers to understand organizational dynamics, particularly to motivate employees to achieve goals. In contrast, a fad is described as ‘a desirable trend characterized with lots of enthusiasm and energy over a short period of time (Business Directory; online, n.d.).  A meta-theory has been defined as a theory concerned with the investigation, analysis, or description of theory itself (Webster; online, nd). In this paper the term meta-model is used in the sense of providing a model that combines and embraces established models or theories to facilitate a deeper, richer application of each in its own right. Transferring a theory from one field of study to a different field of study often provides fresh impetus and the theory becomes re-energised as a result. It does not change the underlying principles however it may be explored in different contexts and settings and in so doing offer insights that may not have been available previously. In this paper we will revisit three significant management theories. They are significant in that they are utilised to explain or least partially understand human dynamics and the way in which people behave, particularly in a workplace or organisation-based setting.

 

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A Study on Skills Development and Employment Support  Policies for Multi-culture Family in Korea:  Focused on Married Female Immigrants

Dr. Namchul Lee, Korea Research Institute for Vocational Education & Training, Korea

 

ABSTRACT

This paper has been written to analyze the current status of economic activities, and to suggest improvement plans and policy tasks for skills development and employment for married female immigrants in Korea. A range of methodologies was adopted to fulfill the purposes of the study, including a literature survey, an analysis of related material, experts’ conferences, an interview survey, and a policy forum.  Various policy implications for skills development and employment support policies for married female immigrants in Korea are discussed. These include policy reform for the stable resettlement of married female immigrants, reinforced support for vocational training and job creation, reinforcement of elementary workplace culture education for adjustment to working life, start-up assistance for multicultural families and personalized start-up education courses for married female immigrants, reinforcement of ties with related organizations to support vocational training and job creation, active employment guidance, support for job-seeking activities and follow-up management after employment (End). As Korea's population becomes more multicultural with a steady influx of foreigners, Korean society is facing the prospect of becoming more ethnically diverse. Foreigners account for just 3.1 percent of the population in Korea in 2016 but the number of foreigners residing in Korea is soaring every year. The foreign resident population of 540,000 in 2006 became 1.74 million in 2015, a 322 percent increase (Ministry of Security and Public, 2015). Forty-two percent of those who have migrated to Korea to get a job are women from developing Asian countries. This is now the most dynamic form of permanent migration to Korea. Half the permanent migration to Korea in recent years has been due to marriage. In 2007, Korea’s Multicultural Families Support Act came into force and led to the opening of multicultural centers around the country. The centers aimed to provide a range of classes and services for migrant women and their families. The country has seen 50 such centers set up on an annual basis since 2007. In the past eight years, 217 centers have been opened under the Gender Equality Ministry. The budget for multicultural families has ballooned to $120 million, a 20-fold increase. The centers appear more focused on delivering esoteric sounding services for migrant women, such as the family integrated education service, and supporting job training. Starting with the “Support measures for the social integration of the married female-immigrants family” in 2006, Korean multicultural policy prepared a legal and institutional basis through legislation of the “Multicultural Family Support Act” in March 2008. This has provided customized services based on the settlement stage and life cycle of multicultural families by expanding service delivery systems nationwide.  As a result, Korean multicultural policy is credited with helping the stable marital life of multicultural families, and has contributed to their economic participation and improved their Korean language skills. The study was conducted to analyze the current status of economic activities, and to suggest improvement plans and policy tasks for skills development and employment for married female immigrants. Firstly, employment characteristics and propensities are identified by analyzing increasing trends in marriage immigration and the economic activities of these immigrants, based on social change, in endeavoring to upgrade their economic status. 

 

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Examining the Interest Rate Parity between U.S. and Japan

Dr. Joseph Cheng, Lingnan University, Hong Kong

Dr. Abraham Mulugetta, Ithaca College, Ithaca, N.Y

 

ABSTRACT

In this paper, the characteristics and the dynamics of the interest rate parity between the U.S. and Japan, as reflected by the Eurodollar and Euroyen futures markets, are examined.  In an efficient market, the interest rate parity residual, as defined by the difference between the Eurodollar rate and the Euroyen rate plus its forward premium, have a theoretical value of zero.  Using daily closing prices for the Eurodollar, Euroyen, and the Japanese yen futures, it is found that the interest rate parity do not hold in absolute term.  Specifically, Japan has a higher rate than the U.S. even after adjusting for the currency return or forward premium.  Such disparity is likely to be due to default risk differential.  Furthermore, it is found that the disparity tends to converge to some normal or equilibrium level rather than moving in a random manner. This implies that even if the interest rate parity does not hold in absolute terms, it still might hold in relative terms over time. It can be inferred that the parity condition may not be true to covered interest arbitrage conditions as capital flow disruptions phenomenon occur as have been witnessed since the Great Recession. The pervasive quantitative easing, interest reductions and expansionary economic stimuli put into effect by Japan and USA to raise economic performance have relatively differing impact on the economic growth of the two economies. In general, it can be argued that the tenuous parity relationships of exchange rates’ determinations that are entertained during normal economic conditions have been tested since the Great Recession. The unfolding global economic environments, the divergent monetary policies of the Fed, ECB and Bank of Japan as well as Brexit are adding to possible distortion in exchange rate determinations. The enhanced volatility of exchange rates triggered by differing economic performances and relatively different economic tools used by different nations should make the determination of equilibrium exchange rates much more difficult. The study by A. Mulugetta, Y. Mulugetta and A. Tessema (2016 ) refuted the parity conditions and confirmed that the changes in exchange rates were more volatile during the Great recession in comparison to the pre- or post- recession periods for industrialized nations. It is also found that the exchange rates were more volatile for emerging nations.  

 

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Texas Versus the EPA:  The Showdown at the No Way Corral

Dr. Laura Sullivan, Sam Houston State University, TX

Dr. Joey Robertson, Sam Houston State University, TX

Anthony Sullivan, Attorney at Law

 

ABSTRACT

In Massachusetts v. EPA the United States Supreme Court held that the EPA had statutory authority to regulate greenhouse gases (“GHG”).(1)   In order to regulate under the Clean Air Act (“CAA”) requires a finding by the EPA that such gases endanger public health or safety (an “endangerment finding”).(2)  But the EPA never properly explained the potential consequences of an endangerment finding for GHG, thus this holding opened up an array of consequences based on what actions were undertaken by the EPA.  Notably, the holding in Massachusetts v. EPA did not compel the EPA to make an endangerment finding for GHG.(3) In fact, the EPA for years took the position that GHG’s were not pollutants and therefore did not endanger public health or safety. The Massachusetts v. EPA Court rejected this conclusion.    But, after the election of Barack Obama as president in 2008, the EPA became much more active and aggressive with regards to environmental issues.  On December 7, 2009, the EPA finalized its finding under the CAA that GHG’s in the atmosphere endanger both the public health and the environment.  This finding has come under much scrutiny.  Previously, endangerment findings were limited to substances that have a direct impact on public health.  But here, the link is much more suspect—GHG’s cause global warming and global warming can have a negative effect on public health.  This new endangerment finding has far-reaching effects, notwithstanding certain politicians’ statements to the contrary.  As a direct result, the EPA has reversed itself on the flexible permitting permit process in Texas (which is described herein).  The State of Texas asserts that this change has a detrimental economic impact and is taking the fight to the EPA.

 

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Traditional and Emerging Variables Impacting Saudi Arabia’s Marketing

Dr. Maja Zelihic, The Forbes School of Business at Ashford University, CA

Dr. Richard Murphy, Jacksonville University, FL

Dr. Crystal Makowski, University of North Florida, FL

Muhannad Alharbi, Jacksonville University, FL

 

ABSTRACT

The authors present an exploratory study on the differences between marketing in the United States and Saudi Arabia. When one compares marketing efforts of any two regions, several variables need to be taken into consideration: cultural, geographic, and consumer need differences. At times, dominant country religious differences are needed to be considered when one deals with the country without of division of “church” and state, including lifestyle and mindset differences. Considering the complexities and several layers of cultural, socio-economic, and lifestyle differences, between the two studied regions, any direct comparison may prove quite challenging. The complications arise since the target consumers of each country are different, in both their demands and expectations; therefore, customized methods must be used to reach the consumers. Different marketing methods stem from differences and uniqueness of each culture. Each of these countries has a unique culture, and different marketing needs to fulfill cultural and lifestyle needs. (Ali, 2009). Different marketing tools ensure that each company achieves various goals and objectives in any given location. Saudi Arabia has specific formal and informal regulations that control the process of marketing in the country. This study aims to discover main differences between marketing efforts of Saudi Arabia in comparison to its US counterpart. The variables impacting Saudi Arabia marketing will be presented and analyzed. Identifying the core marketing differences is of extreme importance as it helps stakeholders of the US companies understand the marketing process and mechanisms within Saudi kingdom ensuring the success of their future ventures. Creation of better understanding promotes more impactful business activities ultimately benefiting both parties. The main variables studying in this article will be governmental control, cultural background and impact of religion on Saudi Arabia’s marketing efforts. The United States and Saudi Arabia have a rich political and economic connection. As per Gause III, the relationship between the two countries is one of the cornerstones of US diplomatic policies in the Middle Eastern region which, “despite their substantial differences in history, culture, and governance, the two countries have agreed on important political and economic issues” (2011, p.7).

 

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One Should Never Assume: The Limitations of Recovering Attorney’s Fees in Texas

Arfeo Yllana, Thompson Coe Cousins and Irons

Dr. Diana Brown, Sam Houston State University, TX

Dr. Laura Sullivan, Sam Houston State University, TX

 

ABSTRACT

Attorney’s fees are a common component of a plaintiff’s damage model in commercial litigation. However, in Texas, litigants may only recover attorney’s fees if specifically provided for by statute or contract.  Recent case law makes it clear that, for years, many Texas attorneys and judges may have misinterpreted a vital provision of the Texas Civil Practice and Remedies Code. Plaintiffs in breach of contract lawsuits governed by Texas law commonly seek attorney’s fees under the Texas Civil Practice and Remedies Code (hereinafter, “Chapter 38”). (Tex. Civ. Prac. Rem. §38.001). A number of Texas statutes authorize recovery of attorney’s fees in lawsuits under specific circumstances, but the text of Chapter 38 offers a “catch all” that seemingly applies to any lawsuit based on the breach of an oral or written contract:  Sec. 38.001.  RECOVERY OF ATTORNEY’S FEES.  A person may recover reasonable attorney’s fees from an individual or corporation, in addition to the amount of a valid claim and costs, if the claim is for: rendered services; performed labor; furnished material; freight or express overcharges; lost or damaged freight or express; killed or injured stock; a sworn account;  or an oral or written contract. Chapter 38 replaced a similar provision in Article 2226 of the Texas Revised Civil Statutes (“Article 2226”) that allowed for recovery of fees against a “person or corporation.” (Tex. Rev. Civ. Stat. Ann. Art 2226, 1979).  The prevailing case law interpreting Chapter 38 and Article 2226 found that recovery of fees did not apply to defendants that were governmental entities, with few exceptions.1  Until recently, most cases involving Chapter 38 assumed that the recovery of fees under Chapter 38 was applicable to limited liability companies (“LLCs”), general partnerships, limited partnerships (“LPs”), and limited liability partnerships (“LLPs”).2  However, none of those cases specifically addressed the issue of the recoverability of statutory attorney’s fees from a defendant under the “individual or corporation” language, because the issue was not presented on appeal.  But recent decisions by federal and state courts call into question whether the Chapter 38 “catch all” applies to LLP, LLC and partnership defendants, or whether the statute strictly authorizes recovery of fees only from individuals and corporations. The issue was addressed in a 1997 federal district court case, Ganz v. Lyons Partnership, L.P., wherein the court found that Chapter 38 did not apply to a limited partnership because it is not an individual or corporation. The issue was also recently raised in state court with the 2014 case Fleming & Assocs., L.L.P. v. Barton, where the Fourteenth Court of Appeals held that the plain language of Chapter 38 did not authorize recovery of fees against a limited partnership. The Supreme Court of Texas has, thus far, declined to hear the case on appeal.  Until such time as the holding in Fleming may be overturned, the applicability of Chapter 38 to entities other than individuals and corporations will remain in doubt. 

 

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