Decision by the Arbitrator, European Communities-Regime for the Importation, Sale and Distributio... more Decision by the Arbitrator, European Communities-Regime for the Importation, Sale and Distribution of Bananas-Recourse to Arbitration by the European Communities under Article 22.
Decision by the Arbitrator, European Communities-Regime for the Importation, Sale and Distributio... more Decision by the Arbitrator, European Communities-Regime for the Importation, Sale and Distribution of Bananas-Recourse to Arbitration by the European Communities under Article 22.
In this article, the authors, professors of legal studies, joined by a colleague from the discipl... more In this article, the authors, professors of legal studies, joined by a colleague from the discipline of marketing, write about the topic of unconscionability as it relates to the common law doctrines of “freedom of contract,” caveat emptor, and contracts of adhesion. Unconscionability can be a “threshold” discussion, or it can be considered at another point in a business law or legal environment of business course under the topic of “genuineness of assent.”
This article is a follow up on recent events that relate to participation in foreign direct inves... more This article is a follow up on recent events that relate to participation in foreign direct investment (FDI) activities in Poland in light of the Law on Freedom of Economic Activity (LFEA), the Act on Control of Certain Investments and the Amendments thereto, which provide for the rules on foreign participation in the Polish market and later restrictions on the purchase of Polish assets by discrete categories of investors. The article builds on research published in 2021 relating to the existence and importance of FDI in the Polish economy that had been negatively affected by a series of challenges and paradoxes in Polish society.
Although it would be both customary and prudent for an importer or exporter to secure the service... more Although it would be both customary and prudent for an importer or exporter to secure the services of an experienced customs broker in facilitating an international transaction, it is still important for the businessman to understand the issues relating to these endeavors. This paper is a study of tariffs, tariff and non-tariff barriers, and their impact on international trade. It describes tariff standards from the standpoint of classification and valuation criteria. The paper also discusses the major quantitative non-tariff barriers such as import quotas, numerical export quotas, and non-quantitative tariff barriers such as testing standards, restrictive access to distribution networks, government procurement policies, regulatory controls, and currency controls. The paper closes with a discussion of the impact of the ―Golden Share‖ on the international trading regime.
International Journal of Business and Social Science, 2019
Net neutrality is the principle that Internet Service Providers, (ISPs), and governments should t... more Net neutrality is the principle that Internet Service Providers, (ISPs), and governments should treat all data on the Internet the same, not discriminating or charging differentially by user, content, site, platform, application, type of attached equipment, or mode of communication. In early 2015, the Federal Communications Committee (FCC) adopted rules to keep the Internet net neutral denying preferential treatment for Content Providers (CPs) that are more data-rich than other CPs. By late 2017, the new chair of the FCC announced that the agency would end the net neutrality rules adopted during the Obama administration. In this paper, we explore where net neutrality rules stand, and look at both sides of the net neutrality argument. We close by discussing answers to the questions surrounding the potential effects an Internet without net neutrality could have on consumers.
Developments in Marketing Science: Proceedings of the Academy of Marketing Science, 2014
Protecting, conserving, and preserving the physical or "green" environment (i.e., envir... more Protecting, conserving, and preserving the physical or "green" environment (i.e., environmentalism) will increasingly become a crucial challenge to the success of American businesses in the years to come. According to Sony President Akio Morita, one of the central issues that will be facing businesses in the 21st century will most likely pertain to the physical environment (Winsemius and Guntram 1992). Two recent survey studies concur with Morita's observation. The Harvard Business Review's findings based on a world-wide survey of 12,000 managers suggest that "environmental issues such as waste disposal and pollution are the second highest social priority" of the respondents (Kanter 1991: 156). Additionally, the findings of a study sponsored by the American Marketing Association report that concern over the physical environment has clearly emerged as the most important issue affecting [global] marketing (Czinkota and Ronkainen 1992).
International Journal of Business and Social Science Research, 2021
This article is a description of the process of protecting a designer’s intellectual property thr... more This article is a description of the process of protecting a designer’s intellectual property through registration with the European Union Intellectual Property Office or EUIPO or through relying on the status of an Unregistered Community Design. The article discusses the registration process as well as the process of invalidation and considers issues relating to the enforcement of rights. Finally, the article focuses on whether a complaint about possible copyright infringement may be lodged against an online retailer or an online e-commerce website that offers unlicensed sales or unauthorized copies of a designer’s design by utilizing the descriptions or photographs of the designer.
Global Journal of Political Science and Administration
This study, consisting of two discrete parts, will explore the creation, jurisdiction and practic... more This study, consisting of two discrete parts, will explore the creation, jurisdiction and practices of the United States Supreme Court. Part I of the article [“A Primer on the United States Supreme Court: An Indispensible Party in Creating a Legal Cannon”] will discuss issues relating to the important “Rule of Four,” by which the Supreme Court controls its docket, issues relating to the adjudication of “political questions,” provides judicial biographies of the Justices of the Court from the website of the Court itself, and discusses the various judicial philosophies which guide individual judges in their determination—including a commentary on the leadership of Chief Justice John Roberts.Part II [“A Discussion of Major Supreme Court Cases from the Spring 2022 Term”] will discuss and summarize the decisions of the Court in important cases, termed the “Big Five,” dealing with abortion, hand-guns and the Second Amendment, religious liberty, immigration, and the reaches of administrati...
This paper is a primer or introduction to the American legal system prepared especially for those... more This paper is a primer or introduction to the American legal system prepared especially for those outside the United States who may be called upon to navigate the American legal system. It discusses the origins and functions of American law and its derivation from both the common law system of England and from aspects of the civil law system of continental Europe. The paper delineates the sources of American law, with a special emphasis on the hierarchy of American courts and the principles of supremacy and preemption. The paper then contrasts the American legal system with discreet aspects of international law, based on Article 38 of the Statute of the International Court of Justice, and the Convention on the International Sale of Goods or CISG to which nearly 90 states are signatories. The paper concludes with a discussion of jurisprudence with a focus on the legal philosophies judges bring to the adjudication of actual cases. In addition, the paper provides thumbnail summaries of...
Just like in face-to-face classes, students engaged in online education communicate, participate ... more Just like in face-to-face classes, students engaged in online education communicate, participate and interact via computer-mediated discussions (CMDs). While online instructors presumably monitor the CMDs' contents and undercurrents, it is ...
This study on the United States Supreme Court will feature five opinions handed down by the Court... more This study on the United States Supreme Court will feature five opinions handed down by the Court relating to abortion, Second Amendment rights, two cases relating to religious liberty, and the confluence of “climate change” and administrative law that the Court decided before it adjourned for its 2022 summer recess. The paper will explain what the Supreme Court decided and then include critical passages from the holdings of the actual opinions handed down by the Court by quoting from the Supreme Court syllabus or summary, as well as pertinent portions of any majority or dissenting opinions.
Marketing education has responded, to some extent, to the academic challenges emanating from the ... more Marketing education has responded, to some extent, to the academic challenges emanating from the Big Data revolution. To provide a forum to specifically discuss how business analytics has been integrated into the marketing curriculum, we developed a Special Issue for Marketing Education Review. We start with a call to action that underscores the importance of including analytics in developing marketing students' skill sets and competencies. In response to the call for integration, five articles discuss analytics based on four pillars of the marketing curriculum: content, pedagogy, structure, and purpose.
This paper will investigate several important aspects in the employment of expatriate employees i... more This paper will investigate several important aspects in the employment of expatriate employees in conducting international business. The choice of three discreet topics [expatriate compensation, taxation, and aspects of the Foreign Corrupt Practices Act] reflects the nature of issues that have immediate implications for an American who might be seeking a foreign employment opportunity with a Multinational Enterprise, a subsidiary, or related business operation (such as a joint venture or an international franchise) of an American company. 1. Expatriate Compensation An expatriate (sometimes shortened to expat) is an employee temporarily or permanently working in a country other than that of the person’s upbringing—termed the host country. As found used commonly in the context of international business, the term expatriate is often used in the case of professionals or skilled workers sent abroad by their companies for a temporary work assignment, rather than for the larger category o...
Gaining an understanding of the basics of international economics plays an important part in deve... more Gaining an understanding of the basics of international economics plays an important part in developing an effective strategy for successfully penetrating the international or globalized market. In deciding upon an effective strategy for market penetration, a company may be constrained by the policies, laws, or other administrative or regulatory procedures which are in force in the host country. Economic considerations related to income, strategies for market penetration, development indicators, and debt will determine the readiness of countries to accept foreign investment and are critical pieces of the analysis that must be undertaken. In addition, in order to successfully compete in a globalized world, a company must navigate these delicate issues relating to sovereignty that will impact on the decision-making process.In reaching the decision to move outside national borders, a company must exercise sound judgment regarding opportunities and risks associated with the economy o...
Part I of the paper is a retrospective on the origins of the Solidarity Movement in Poland and th... more Part I of the paper is a retrospective on the origins of the Solidarity Movement in Poland and the economic program it introduced after its assumption of power in 1989. Part II outlines various challenges faced by Polish society in light of current political configurations and discusses Solidarity's contemporary relevance on the political and economic calculus of Poland. This retrospective is based on more than thirty-five years of research and analysis on the Polish economic and political scenes.
Business schools have not been as cognizant of environmental or “green” issues as other professio... more Business schools have not been as cognizant of environmental or “green” issues as other professional schools. For example, law and public administration schools as well as the environmental sciences have offered courses in this area for at least ten years. Until recently, business schools’ responses have been minimal. The authors review the pioneering efforts of several institutions and the various tools available to interested marketing academics. They provide recommendations on how green concerns could be incorporated into the marketing curriculum.
Decision by the Arbitrator, European Communities-Regime for the Importation, Sale and Distributio... more Decision by the Arbitrator, European Communities-Regime for the Importation, Sale and Distribution of Bananas-Recourse to Arbitration by the European Communities under Article 22.
Decision by the Arbitrator, European Communities-Regime for the Importation, Sale and Distributio... more Decision by the Arbitrator, European Communities-Regime for the Importation, Sale and Distribution of Bananas-Recourse to Arbitration by the European Communities under Article 22.
In this article, the authors, professors of legal studies, joined by a colleague from the discipl... more In this article, the authors, professors of legal studies, joined by a colleague from the discipline of marketing, write about the topic of unconscionability as it relates to the common law doctrines of “freedom of contract,” caveat emptor, and contracts of adhesion. Unconscionability can be a “threshold” discussion, or it can be considered at another point in a business law or legal environment of business course under the topic of “genuineness of assent.”
This article is a follow up on recent events that relate to participation in foreign direct inves... more This article is a follow up on recent events that relate to participation in foreign direct investment (FDI) activities in Poland in light of the Law on Freedom of Economic Activity (LFEA), the Act on Control of Certain Investments and the Amendments thereto, which provide for the rules on foreign participation in the Polish market and later restrictions on the purchase of Polish assets by discrete categories of investors. The article builds on research published in 2021 relating to the existence and importance of FDI in the Polish economy that had been negatively affected by a series of challenges and paradoxes in Polish society.
Although it would be both customary and prudent for an importer or exporter to secure the service... more Although it would be both customary and prudent for an importer or exporter to secure the services of an experienced customs broker in facilitating an international transaction, it is still important for the businessman to understand the issues relating to these endeavors. This paper is a study of tariffs, tariff and non-tariff barriers, and their impact on international trade. It describes tariff standards from the standpoint of classification and valuation criteria. The paper also discusses the major quantitative non-tariff barriers such as import quotas, numerical export quotas, and non-quantitative tariff barriers such as testing standards, restrictive access to distribution networks, government procurement policies, regulatory controls, and currency controls. The paper closes with a discussion of the impact of the ―Golden Share‖ on the international trading regime.
International Journal of Business and Social Science, 2019
Net neutrality is the principle that Internet Service Providers, (ISPs), and governments should t... more Net neutrality is the principle that Internet Service Providers, (ISPs), and governments should treat all data on the Internet the same, not discriminating or charging differentially by user, content, site, platform, application, type of attached equipment, or mode of communication. In early 2015, the Federal Communications Committee (FCC) adopted rules to keep the Internet net neutral denying preferential treatment for Content Providers (CPs) that are more data-rich than other CPs. By late 2017, the new chair of the FCC announced that the agency would end the net neutrality rules adopted during the Obama administration. In this paper, we explore where net neutrality rules stand, and look at both sides of the net neutrality argument. We close by discussing answers to the questions surrounding the potential effects an Internet without net neutrality could have on consumers.
Developments in Marketing Science: Proceedings of the Academy of Marketing Science, 2014
Protecting, conserving, and preserving the physical or "green" environment (i.e., envir... more Protecting, conserving, and preserving the physical or "green" environment (i.e., environmentalism) will increasingly become a crucial challenge to the success of American businesses in the years to come. According to Sony President Akio Morita, one of the central issues that will be facing businesses in the 21st century will most likely pertain to the physical environment (Winsemius and Guntram 1992). Two recent survey studies concur with Morita's observation. The Harvard Business Review's findings based on a world-wide survey of 12,000 managers suggest that "environmental issues such as waste disposal and pollution are the second highest social priority" of the respondents (Kanter 1991: 156). Additionally, the findings of a study sponsored by the American Marketing Association report that concern over the physical environment has clearly emerged as the most important issue affecting [global] marketing (Czinkota and Ronkainen 1992).
International Journal of Business and Social Science Research, 2021
This article is a description of the process of protecting a designer’s intellectual property thr... more This article is a description of the process of protecting a designer’s intellectual property through registration with the European Union Intellectual Property Office or EUIPO or through relying on the status of an Unregistered Community Design. The article discusses the registration process as well as the process of invalidation and considers issues relating to the enforcement of rights. Finally, the article focuses on whether a complaint about possible copyright infringement may be lodged against an online retailer or an online e-commerce website that offers unlicensed sales or unauthorized copies of a designer’s design by utilizing the descriptions or photographs of the designer.
Global Journal of Political Science and Administration
This study, consisting of two discrete parts, will explore the creation, jurisdiction and practic... more This study, consisting of two discrete parts, will explore the creation, jurisdiction and practices of the United States Supreme Court. Part I of the article [“A Primer on the United States Supreme Court: An Indispensible Party in Creating a Legal Cannon”] will discuss issues relating to the important “Rule of Four,” by which the Supreme Court controls its docket, issues relating to the adjudication of “political questions,” provides judicial biographies of the Justices of the Court from the website of the Court itself, and discusses the various judicial philosophies which guide individual judges in their determination—including a commentary on the leadership of Chief Justice John Roberts.Part II [“A Discussion of Major Supreme Court Cases from the Spring 2022 Term”] will discuss and summarize the decisions of the Court in important cases, termed the “Big Five,” dealing with abortion, hand-guns and the Second Amendment, religious liberty, immigration, and the reaches of administrati...
This paper is a primer or introduction to the American legal system prepared especially for those... more This paper is a primer or introduction to the American legal system prepared especially for those outside the United States who may be called upon to navigate the American legal system. It discusses the origins and functions of American law and its derivation from both the common law system of England and from aspects of the civil law system of continental Europe. The paper delineates the sources of American law, with a special emphasis on the hierarchy of American courts and the principles of supremacy and preemption. The paper then contrasts the American legal system with discreet aspects of international law, based on Article 38 of the Statute of the International Court of Justice, and the Convention on the International Sale of Goods or CISG to which nearly 90 states are signatories. The paper concludes with a discussion of jurisprudence with a focus on the legal philosophies judges bring to the adjudication of actual cases. In addition, the paper provides thumbnail summaries of...
Just like in face-to-face classes, students engaged in online education communicate, participate ... more Just like in face-to-face classes, students engaged in online education communicate, participate and interact via computer-mediated discussions (CMDs). While online instructors presumably monitor the CMDs' contents and undercurrents, it is ...
This study on the United States Supreme Court will feature five opinions handed down by the Court... more This study on the United States Supreme Court will feature five opinions handed down by the Court relating to abortion, Second Amendment rights, two cases relating to religious liberty, and the confluence of “climate change” and administrative law that the Court decided before it adjourned for its 2022 summer recess. The paper will explain what the Supreme Court decided and then include critical passages from the holdings of the actual opinions handed down by the Court by quoting from the Supreme Court syllabus or summary, as well as pertinent portions of any majority or dissenting opinions.
Marketing education has responded, to some extent, to the academic challenges emanating from the ... more Marketing education has responded, to some extent, to the academic challenges emanating from the Big Data revolution. To provide a forum to specifically discuss how business analytics has been integrated into the marketing curriculum, we developed a Special Issue for Marketing Education Review. We start with a call to action that underscores the importance of including analytics in developing marketing students' skill sets and competencies. In response to the call for integration, five articles discuss analytics based on four pillars of the marketing curriculum: content, pedagogy, structure, and purpose.
This paper will investigate several important aspects in the employment of expatriate employees i... more This paper will investigate several important aspects in the employment of expatriate employees in conducting international business. The choice of three discreet topics [expatriate compensation, taxation, and aspects of the Foreign Corrupt Practices Act] reflects the nature of issues that have immediate implications for an American who might be seeking a foreign employment opportunity with a Multinational Enterprise, a subsidiary, or related business operation (such as a joint venture or an international franchise) of an American company. 1. Expatriate Compensation An expatriate (sometimes shortened to expat) is an employee temporarily or permanently working in a country other than that of the person’s upbringing—termed the host country. As found used commonly in the context of international business, the term expatriate is often used in the case of professionals or skilled workers sent abroad by their companies for a temporary work assignment, rather than for the larger category o...
Gaining an understanding of the basics of international economics plays an important part in deve... more Gaining an understanding of the basics of international economics plays an important part in developing an effective strategy for successfully penetrating the international or globalized market. In deciding upon an effective strategy for market penetration, a company may be constrained by the policies, laws, or other administrative or regulatory procedures which are in force in the host country. Economic considerations related to income, strategies for market penetration, development indicators, and debt will determine the readiness of countries to accept foreign investment and are critical pieces of the analysis that must be undertaken. In addition, in order to successfully compete in a globalized world, a company must navigate these delicate issues relating to sovereignty that will impact on the decision-making process.In reaching the decision to move outside national borders, a company must exercise sound judgment regarding opportunities and risks associated with the economy o...
Part I of the paper is a retrospective on the origins of the Solidarity Movement in Poland and th... more Part I of the paper is a retrospective on the origins of the Solidarity Movement in Poland and the economic program it introduced after its assumption of power in 1989. Part II outlines various challenges faced by Polish society in light of current political configurations and discusses Solidarity's contemporary relevance on the political and economic calculus of Poland. This retrospective is based on more than thirty-five years of research and analysis on the Polish economic and political scenes.
Business schools have not been as cognizant of environmental or “green” issues as other professio... more Business schools have not been as cognizant of environmental or “green” issues as other professional schools. For example, law and public administration schools as well as the environmental sciences have offered courses in this area for at least ten years. Until recently, business schools’ responses have been minimal. The authors review the pioneering efforts of several institutions and the various tools available to interested marketing academics. They provide recommendations on how green concerns could be incorporated into the marketing curriculum.
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Papers by Hector Lozada