Pub Date : 2021-04-15DOI: 10.53073/1544-0036.JLERI.24.2.1768
Hieu Bui Kim, Pritesh Samuel
Covid-19 is rapidly spreading across the globe, wreaking havoc on health, eco- nomic, and financial institutions. This has an effect on the economies and social ac- tivities of countries in general, and on businesses in particular. As jurists, one area of concern is the legal e-commerce system and its fate during and after the pandemic. We are attempting to implement e-commerce in order to analyze the state of the economy during and after this state of public health emergency. E-commerce is a remarkable and unprecedented phenomenon. We seek evidence to convince ourselves of this. Specifically, the mechanisms by which the concept of emerging diseases, in our case, covid-19, is imposed. On the other hand, we examine emerging configurations asso- ciated with ecommerce, legislative, and regulatory frameworks. The purpose of the research is to focus on consumer protection issues in e-commerce law, such as infor- mation exchanged within businesses, unfair commercial practices, the security of on- line payments, data protection and confidentiality, dispute resolution, and cross-border electronic transactions.
{"title":"E-Commerce in the Vietnam Legal System: Review legal framework to be improved to promote e-commerce","authors":"Hieu Bui Kim, Pritesh Samuel","doi":"10.53073/1544-0036.JLERI.24.2.1768","DOIUrl":"https://doi.org/10.53073/1544-0036.JLERI.24.2.1768","url":null,"abstract":"Covid-19 is rapidly spreading across the globe, wreaking havoc on health, eco- nomic, and financial institutions. This has an effect on the economies and social ac- tivities of countries in general, and on businesses in particular. As jurists, one area of concern is the legal e-commerce system and its fate during and after the pandemic. We are attempting to implement e-commerce in order to analyze the state of the economy during and after this state of public health emergency. E-commerce is a remarkable and unprecedented phenomenon. We seek evidence to convince ourselves of this. Specifically, the mechanisms by which the concept of emerging diseases, in our case, covid-19, is imposed. On the other hand, we examine emerging configurations asso- ciated with ecommerce, legislative, and regulatory frameworks. The purpose of the research is to focus on consumer protection issues in e-commerce law, such as infor- mation exchanged within businesses, unfair commercial practices, the security of on- line payments, data protection and confidentiality, dispute resolution, and cross-border electronic transactions.","PeriodicalId":39163,"journal":{"name":"Journal of Legal, Ethical and Regulatory Issues","volume":"24 1","pages":"9-19"},"PeriodicalIF":0.0,"publicationDate":"2021-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44261103","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The current research aimed to developing a model for the governance of Arab family companies and their legislation, which contributes to the interconnection between the vision and the structures of supervision and control, and reduces the conflict and duplication of decision and performance. This is an attempt to address the Problem faced by Arab family companies, namely the ambiguity of roles overlapping tasks, lack of discipline and reflection of family problems on the performance and growth of the company due to the absence of a structure for the governance of these companies. The research used survey methods, and literature review and then the development of indications and opinions and make comparisons and simulations, in order to extract indicators and evidence from them. The research concluded with the development of a model of corporate governance that seeks to unify the components of the various models and their indicators within a single model to avoid defects in these models and gain their advantages and make all practices understandable, easy to implement and review. The research presented a set of recommendation as follows: Testing the model developed in this research and to show its strengths against its weaknesses in preparation for its adoption in the governance of Arab family companies. The need for intensive education on the importance of corporate governance and its necessities. This can be achieved through workshops and seminars. The legal legislator has expanded on the issue of corporate governance and mechanisms for following up on its implementation, and for the urgent need for expansion and clarification. Increasing the financial, moral, and technical support of family companies to ensure their survival continuity and success in supporting the national economy on the one hand and encouraging the establishment of more of these companies on the other. Proposing a course to in universities for the bachelor's and graduate studies entitled "Management of family companies and their governance". Adding an explicit statement on the characteristics of the senior administration and its traits that senior administration has the ability to translate the strategic direction of the company to the actual actions and tangible results, and to mention a text in the Jordanian companies’ law on leadership and creativity.
{"title":"Jordan: Developing a Model for the Governance of Arab Family Companies and Their Legislation","authors":"Tamara Yacoub Nasereddin, Yacoub Nasereddin","doi":"10.3233/EPL-200245","DOIUrl":"https://doi.org/10.3233/EPL-200245","url":null,"abstract":"The current research aimed to developing a model for the governance of Arab family companies and their legislation, which contributes to the interconnection between the vision and the structures of supervision and control, and reduces the conflict and duplication of decision and performance. This is an attempt to address the Problem faced by Arab family companies, namely the ambiguity of roles overlapping tasks, lack of discipline and reflection of family problems on the performance and growth of the company due to the absence of a structure for the governance of these companies. The research used survey methods, and literature review and then the development of indications and opinions and make comparisons and simulations, in order to extract indicators and evidence from them. The research concluded with the development of a model of corporate governance that seeks to unify the components of the various models and their indicators within a single model to avoid defects in these models and gain their advantages and make all practices understandable, easy to implement and review. The research presented a set of recommendation as follows: Testing the model developed in this research and to show its strengths against its weaknesses in preparation for its adoption in the governance of Arab family companies. The need for intensive education on the importance of corporate governance and its necessities. This can be achieved through workshops and seminars. The legal legislator has expanded on the issue of corporate governance and mechanisms for following up on its implementation, and for the urgent need for expansion and clarification. Increasing the financial, moral, and technical support of family companies to ensure their survival continuity and success in supporting the national economy on the one hand and encouraging the establishment of more of these companies on the other. Proposing a course to in universities for the bachelor's and graduate studies entitled \"Management of family companies and their governance\". Adding an explicit statement on the characteristics of the senior administration and its traits that senior administration has the ability to translate the strategic direction of the company to the actual actions and tangible results, and to mention a text in the Jordanian companies’ law on leadership and creativity.","PeriodicalId":39163,"journal":{"name":"Journal of Legal, Ethical and Regulatory Issues","volume":"39 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.3233/EPL-200245","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69902649","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
INTRODUCTION The lead plaintiff in the Hooters weight bias case is Cassandra Smith, who interestingly measures out at 5'8" tall and 132.5 pounds. (Roth, 2010). One popular measure of fitness that has gained currency in recent years is the so-called Body Mass Index (BMI). According to the BMI, which is determined by a combination of height and weight, Smith has a BMI between 18.5 and 24.9, which is considered to be in the normal range. How normal? Well, that range is characterized as follows: "People whose BMI is within 18.5 to 24.9 possess the ideal amount of body weight, associated with living longest, the lowest incidence of serious illness, as well as being perceived as more physically attractive than people with BMI in higher or lower ranges." (BMI Calculator, 2010). As a caveat, however, since Body Fat Percentage calculations use total body weight and not estimates of lean muscle mass and fat, BMI cannot determine between the overweight and the more muscular (in other words, you could be incredibly fit and muscular and your BMI would indicate you are overweight). Hooters has never made a secret of the fact that they hire attractive women as waitresses in their chain. In fact, the Hooters Restaurant Mission Statement explicitly establishes that such woman are a part of their identity: We are committed to providing an environment of employee growth and development so that we can provide every guest a unique, entertaining dining experience in a fun and casual atmosphere delivered by attractive, vivacious Hooters Girls while making positive contributions to the communities in which we live [emphasis added]. (Hooters Restaurant Mission Statement, 2008). According to the Hooters website, "[T]he element of female sex appeal is prevalent in the restaurants, and the company believes the Hooters Girl is as socially acceptable as a Dallas Cowboy cheerleader, a Sports Illustrated swimsuit model, or a Radio City Rockette." (About Hooters, 2010). NO MALES NEED APPLY The Cassandra Smith case is not the first time Hooters has faced a legal issue involving their practice of featuring only attractive females as servers in their restaurants. In 1991, the Equal Employment Opportunity Commission (EEOC) began an investigation of Hooters for discriminatory hiring practices against men. Title VII of the Civil Rights Act (CRA) of 1964 prohibits discrimination in employment based on gender. The EEOC's investigation into this issue lasted for several years. In 1995, Hooters of America struck back: . . . probably the greatest marketing coup came in 1995 when Hooters of America hired a hairy male actor and dressed him in a Hooters waitress outfit to poke fun at allegations that Hooters restaurants discriminated against men. Hooters of America ran full-page advertisements showing "Vince" in USA Today and the Washington Post. But more importantly, according to then vicepresident of marketing Michael McNeil, television camera crews showed up at every Hooters restaurant in
在猫头鹰餐厅体重歧视一案中，首席原告是卡桑德拉·史密斯，她身高5英尺8英寸，体重132.5磅。(罗斯,2010)。近年来流行的一种健康衡量标准是所谓的身体质量指数(BMI)。根据由身高和体重共同决定的BMI指数，史密斯的BMI在18.5到24.9之间，这被认为是在正常范围内。如何正常吗?这个范围的特征如下:“BMI在18.5到24.9之间的人拥有理想的体重，与寿命最长、患重病的几率最低有关，而且比BMI在更高或更低范围内的人更有吸引力。”(BMI计算器，2010)。然而，需要注意的是，由于体脂百分比的计算使用的是整体体重，而不是对瘦肌肉质量和脂肪的估计，因此BMI不能确定超重和肌肉更发达之间的区别(换句话说，你可能非常健康，肌肉发达，但你的BMI表明你超重)。猫头鹰餐厅从不隐瞒他们雇佣美女做服务员的事实。事实上，《猫头鹰餐厅使命宣言》明确规定，这样的女性是他们身份的一部分:我们致力于提供一个员工成长和发展的环境，这样我们就可以为每一位客人提供一个独特的、有趣的用餐体验，在一个有趣和随意的氛围中，由有吸引力的、活泼的猫头鹰女郎提供，同时为我们所生活的社区做出积极的贡献。(《猫头鹰餐厅使命宣言》，2008)。据Hooters网站称，“女性性感元素在餐厅里很普遍，公司认为Hooters Girl就像达拉斯牛仔队的啦啦队长、体育画报的泳装模特或无线电城的火箭女郎一样被社会所接受。”(关于猫头鹰餐厅，2010)。卡珊德拉·史密斯一案并不是猫头鹰餐厅第一次因为只招漂亮的女性服务员而面临法律问题。1991年，平等就业机会委员会(EEOC)开始调查猫头鹰对男性的歧视性雇佣行为。1964年《民权法案》(CRA)第七章禁止基于性别的就业歧视。平等就业机会委员会对这个问题的调查持续了好几年。1995年，美国猫头鹰餐厅反击:……1995年，美国猫头鹰餐厅(Hooters of America)聘请了一位毛发浓密的男演员，让他穿上了猫头鹰餐厅服务员的服装，以此来取笑人们对猫头鹰餐厅歧视男性的指控。美国猫头鹰在《今日美国》和《华盛顿邮报》上刊登了“文斯”的整版广告。但更重要的是，据当时的营销副总裁迈克尔·麦克尼尔(Michael McNeil)说，电视摄制组在同一天出现在美国的每家猫头鹰餐厅，做当地的报道。(参见附录A, Vince Gigliotti, Hooters Guy)。此外，1995年11月15日，该连锁店将平等就业机会委员会的指控公之于众，在华盛顿特区举行了100名猫头鹰女郎游行。猫头鹰得到了全国媒体的支持，称这项指控是“政府荒谬浪费的又一个例子”，大约50万名猫头鹰顾客通过向国会寄明信片来支持该连锁店。(关于猫头鹰餐厅，2010)。然而，在1996年，三名男性原告作为集体诉讼的代表对猫头鹰餐厅提起诉讼，“因为被告拒绝雇佣男性在前台工作，如服务员、调酒师或主持人。”(Latuga诉Hooters案)。1997年，该案件最终达成和解，不需要改变政策，承认“作为女性是合理必要的”，以履行猫头鹰女郎的工作职责。最近一次针对Hooters性别歧视招聘政策的挑战发生在2009年，当时一名德克萨斯州男子对Hooters拒绝雇佣男性服务员提起集体诉讼。…
{"title":"She’s Not Heavy, She’s My Sister","authors":"Linda L. Barkacs, Craig B. Barkacs","doi":"10.2307/j.ctvzcz5f5.13","DOIUrl":"https://doi.org/10.2307/j.ctvzcz5f5.13","url":null,"abstract":"INTRODUCTION The lead plaintiff in the Hooters weight bias case is Cassandra Smith, who interestingly measures out at 5'8\" tall and 132.5 pounds. (Roth, 2010). One popular measure of fitness that has gained currency in recent years is the so-called Body Mass Index (BMI). According to the BMI, which is determined by a combination of height and weight, Smith has a BMI between 18.5 and 24.9, which is considered to be in the normal range. How normal? Well, that range is characterized as follows: \"People whose BMI is within 18.5 to 24.9 possess the ideal amount of body weight, associated with living longest, the lowest incidence of serious illness, as well as being perceived as more physically attractive than people with BMI in higher or lower ranges.\" (BMI Calculator, 2010). As a caveat, however, since Body Fat Percentage calculations use total body weight and not estimates of lean muscle mass and fat, BMI cannot determine between the overweight and the more muscular (in other words, you could be incredibly fit and muscular and your BMI would indicate you are overweight). Hooters has never made a secret of the fact that they hire attractive women as waitresses in their chain. In fact, the Hooters Restaurant Mission Statement explicitly establishes that such woman are a part of their identity: We are committed to providing an environment of employee growth and development so that we can provide every guest a unique, entertaining dining experience in a fun and casual atmosphere delivered by attractive, vivacious Hooters Girls while making positive contributions to the communities in which we live [emphasis added]. (Hooters Restaurant Mission Statement, 2008). According to the Hooters website, \"[T]he element of female sex appeal is prevalent in the restaurants, and the company believes the Hooters Girl is as socially acceptable as a Dallas Cowboy cheerleader, a Sports Illustrated swimsuit model, or a Radio City Rockette.\" (About Hooters, 2010). NO MALES NEED APPLY The Cassandra Smith case is not the first time Hooters has faced a legal issue involving their practice of featuring only attractive females as servers in their restaurants. In 1991, the Equal Employment Opportunity Commission (EEOC) began an investigation of Hooters for discriminatory hiring practices against men. Title VII of the Civil Rights Act (CRA) of 1964 prohibits discrimination in employment based on gender. The EEOC's investigation into this issue lasted for several years. In 1995, Hooters of America struck back: . . . probably the greatest marketing coup came in 1995 when Hooters of America hired a hairy male actor and dressed him in a Hooters waitress outfit to poke fun at allegations that Hooters restaurants discriminated against men. Hooters of America ran full-page advertisements showing \"Vince\" in USA Today and the Washington Post. But more importantly, according to then vicepresident of marketing Michael McNeil, television camera crews showed up at every Hooters restaurant in ","PeriodicalId":39163,"journal":{"name":"Journal of Legal, Ethical and Regulatory Issues","volume":"14 1","pages":"105"},"PeriodicalIF":0.0,"publicationDate":"2011-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68862389","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.51697/jleri.2021.24223
Kim Hieu Bui
Covid-19 spreads around the world with adverse health, economic and financial impacts. This affects the economic and social practices of the countries in general and businesses in particular. The legal e-commerce system and its fate during and after the pandemic are one area that we lawyers have to consider. To assess the condition in and after this health emergency, we are trying to incorporate e-commerce. E-commerce is an amazing and unparalleled phenomenon. We are looking for proof to be persuaded of this. More specifically, we seek to illustrate the processes by which, in our case, the idea of emerging diseases is imposed. We also consider modern e-commerce, legislative and regulatory systems configurations. Our scientific research aims at focusing on issues related to consumer protection in the e-commerce law, including corporate information, uneven business practices, online payment security, data protection and confidentiality, settlement and solutions for disputes, as well as international and national electronic transactions.
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