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This chapter examines how the Internet affects the firm's marketing policies. It shows how the firm should choose its marketing strategies including pricing (distinguishing between the B to B and B to C markets) and advertising messages. In addition, it shows how the firm should coordinate its Internet advertising and sales force policies, including redesigning its sales force compensation plans. It discusss the effects of ownership structure (whether the advertising firm is privately or publicly held) on the firm's Internet advertising strategy. In addition, it analyzes a number of structural changes brought about by Internet advertising, including the purchase of advertising space via auctions, behavioral targeting, and conquest advertising.

Soon the largest cohort of workers in history will be eligible to retire: and most will have only their personal saving and a lump-sum benefit from a 401(k) plan to supplement Social Security benefits during retirement. The proceeds of these 401(k) and IRA benefits represent the largest amount of money these individuals have ever managed, and the challenges and hazards they face are enormous. This chapter evaluates the regulatory and enforcement structures in place to protect individuals from financial loss through the insolvency, fiscal mismanagement, and/or malfeasance of those who help them manage and invest their retirement distributions.

This chapter discusses technologies adopted by the law enforcement community over a half century. Specifically, it looks at the use of computing by policing agencies, courts, and corrections, with a brief introduction to the early history of computer crime as it currently represents a new class of criminal activity made possible by the existence of the digital hand.

This chapter analyzes persistent exclusionary electoral practices, using quantitative indicators of access to the secret ballot in Mexico's 1994 presidential election in rural areas. While the opposition expected a re-run of the repertoire of fraud and manipulation that characterized the 1988 race, instead the state effectively deployed a range of levers of intervention in rural economic and social life that, in combination with the systematic lack of access to the secret ballot, reduced the ruling party's need to resort to fraud by inducing a widespread ‘fear vote’. This study draws on two previously unstudied data sets to estimate the degree of rural voter access to the secret ballot in the 1994 presidential elections, including a focus on opposition party oversight in indigenous municipalities in the states of Oaxaca, Veracruz, and Chiapas.

The second‐order problem of knowledge is the need to communicate knowledge of justice in a manner that makes the actions it requires accessible to everyone. The need for this message to be conveyed in advance of persons taking action (ex ante) influences the form of the message in at least eight ways: (1) general rules or principles that are (2) publicized, (3) prospective in effect, (4) understandable, (5) compossible, (6) possible to follow, (7) stable, and (8) enforced as publicized. These formal requirements that are needed to communicate the message of justice ex ante are part of what is known as the rule of law. The need for ex ante information about allocation of several property rights also influences the substance of these rights including the prohibition on force and fraud.

This chapter explores the theory and practice of ethical behaviour in 20th century British business. After outlining the scope of business ethics, long-run patterns of ethical behaviour are traced via proxies of unethical behaviour in business. Much of the rest of the chapter investigates the sources of ethical business behaviour and the means by which debate and prescription were translated into action and performance. One major finding is that Christian conviction and action played a central, though not a solitary, role in the emergence of the late 20th century practice of corporate social responsibility (CSR). Brief glances at unethical business behaviour among pious business leaders and ethical business standards in the churches complete the picture. In conclusion a conundrum emerges: why have periods of national economic decline coincided with the erosion of churchgoing but few signals of unethical behaviour in business, while periods of national economic growth coincided with a precipitate collapse in churchgoing and numerous evidences of unethical business behaviour?

This chapter examines current judicial oversight of contract law, and more specifically the extent to which boilerplate is regulated as contract. It first considers the three categories of the normal, traditional oversight doctrines for contracts: coercion or duress; fraud, deception, or misrepresentation; and invalid contract formation. It then explores the doctrine of unconscionability and a related wild-card doctrine that makes it possible for courts to declare a contract void because it undermines public policy. It also discusses the jurisprudential problem with “wild-card” doctrines before concluding with an analysis of how traditional oversight doctrines are faring with regard to boilerplate rights deletion schemes, with particular emphasis on arbitration clauses, choice of forum clauses, exculpatory clauses, and limitation of remedy.

This chapter explains how abusive boilerplate could either be treated as a defective product, or else regulated under a new tort of intentional deprivation of basic legal rights. It argues that we should put boilerplate rights deletion schemes into the legal category—tort law—in which we can actually consider them as products, instead of considering them one at a time as a contract between two individuals. It also highlights boundary the fuzzy and shifting boundary between contracts and torts by focusing on doctrinal border areas such as fraud or misrepresentation, bad faith breach of contract, and warranty. A case study involving implied warranty of habitability in residential leases is presented. The chapter concludes with a comparison of tort and contract remedies, along with the common-law economic loss doctrine.

The chapter examines the problem of authenticity in relation to cases about freedom of religion. The challenge of authenticity suggests that it is impossible to distinguish reliably between identity claims which are ‘authentic’ for the people who make them and those which are made fraudulently in order to garner particular entitlements. Courts in Canada and the United States try to meet this challenge in relation to claims made by religious minorities either by refusing to assess all such claims or by establishing authenticity on the basis of individual sincerity of belief. In relation to two cases, one about the illegal use of peyote by a religious group and the other about the rights of Jews to erect succahs on their balconies, the chapter explains why a more direct, open, and structured consideration of identity claims provides a fairer basis upon which to assess religious identity claims and to negotiate the challenge of authenticity.

This chapter furthers the project of an intellectually richer account of Mormonism by offering a critique of the centrality of sympathy in the polemics that have engulfed Mormon historical studies from their inception, and proposing an alternative. The critique is situated in a largely postmodern, anti-essentialist conception of identity as a malleable and fluid concept. At the same time, it notes in Smith's own turn to ritual a validation of appearances over essence, doing over being. A focus on the epic of Mormonism's narrative rather than its characters, on popular rather than elite Mormon history, and on the geographical varieties with their correspondingly different accounts of Mormonism—all are presented here as powerful antidotes to the snares of an approach that links, and therefore reduces Joseph Smith and the religion he founded to an irresolvable debate over human motives.

This chapter proposes the adaptation of traditional Medicare to accommodate value-purchasing strategies, specifically medical homes and accountable care systems. It also examines legal barriers under the Medicare law and other federal and state laws to implementing these strategies.

If the mid-Victorian generation was devoted to an idea of freedom of contract, Victorian values also deplored deception. This raised the question of how far parties entering into agreements could be protected against fraud or imposition, and how far the courts could or would ensure that one man's contractual consent had not been obtained by trickery. Courts had to tread a fine line, for the same approach was not suitable to every situation. While merchants could be trusted to look after their own interests — and did not want a legal regime that allowed buyers to escape unprofitable bargains by fixing on any minor misstatements made during negotiations — impecunious heirs and poor old men clearly needed more protection from being fleeced by opportunists. If caveat emptor was a principle that merchants could live happily with, was it one which was suitable for buyers of landed estates, or for widows and vicars looking for a safe joint stock investment for their savings? This chapter shows that as the 19th century went on, the courts attempted to develop rules suitable for the public using them; but when doctrine which had developed in response to particular problems was generalized, it often lacked coherence.

A complex procurement process is used by corporations that try to secure business with government agencies. It involves cost or pricing data, vendor quotations, production methods, cost trends, decrements, resources, and other things. A government auditor reviewed one such contract more than twenty years after the planes had been manufactured and concluded that fraud had been involved. The government first alleged that the contract used plain language and that this showed fraud. Linguistic analysis agreed that plain language was used, but that this language showed that nothing was fraudulent. Syntax and lexical uses (“assessment” and “estimate” in particular) were shown to be clear and supported by dictionary citations. After reviewing the linguistic analysis, the government changed its theory, now arguing that the corporation's words, such as “consideration,” “estimates,” “appropriate,” and “based on our review of,” were clear plain language but that the government's understanding was different from the corporation's. This opened the door to discovery of what those understandings were, appearing largely in the depositions of the government auditors. These revealed their inferences about the meanings of words and expressions the corporation had used in its proposal. The plaintiff's confusion was located in what the corporation did not say in its proposal. If the auditors did not understand how these expressions were being used, the speech act of requesting clarification was readily available. It was pointed out that requesting this would have been appropriate before the government granted the proposal.

This chapter shows how book 1 of Paradise Lost metaphorically depicts the role of the devil in raising the rebel angels out of their “bottomless perdition,” an act of poetic creation analogous to the divine creation of the universe described in the invocation—“how the heavens and earth/Rose out of chaos.” The chief devils described in the catalog that occupies the center of book 1 and organizes its poetic figures and symbolic geography—Carthage, Sodom, Egypt, Babel-Babylon, Rome—are precisely those who will come to inhabit the pagan shrines that human idolatry will build next to or even inside the Jerusalem temple, profaning God's house. This catalog—whose traditional epic function is to size up military force—instead suggests the force of spiritual falsehood, and it corresponds to the defeated devils' own reluctance to pursue another direct war against God; they would rather resort to satanic fraud.

This chapter looks at the experience of the Midi, France's cheapest wine producer. After examining long-run changes in France's domestic wine supply, and in particular merchants' attempts to augment supply during the phylloxera epidemic by adulteration, it shows how the changes in political strength of small farmers and workers increased during the Third Republic, especially after the 1884 law permitting the formation of syndicates. Despite the presence of large vineyards in the Midi, the wine industry was relatively united in its attempt first to tackle phylloxera and replant, and then to demand state intervention to control fraud. Finally, the chapter considers how smaller growers started to establish cooperatives in response to another threat to their livelihood, namely, the increasing economies of scale and skills required for wine production and marketing.