This research involves a legal impact study of the State College Nuisance Property Ordinance and an assessment of State College Rental Property Managers in the role of place manager/intimate handler of offender. The impact of the Ordinance was assessed by employing an interrupted time series design which examined five years of pre-ordinance violations against five years of post-ordinance violations. The assessment of State College Rental Property Managers in the role of place manager/intimate handlers of offenders was assessed through a mail survey. The survey contained items that measured the level to which State College Rental Property Managers have assumed this role. This level was then regressed against the offenses covered under the Ordinance in order to determine if this role has an impact on reducing and/or deterring offenses in rental units. The data suggest that the Ordinance was successful in reducing violations in nuisance rental units. In addition, the analyses of the survey revealed that a higher level of place manager/intimate handler of offender was positively correlated with criminal and ordinance violations. / Dr. Randy L. Martin Dr. Kathleen J. Hanrahan Dr. Jennifer J. Roberts Dr. John A. Lewis

Anecdotal descriptions and small studies have reported decreasing reimbursements from Medicare Part D sponsors and commercial third-party payers, resulting in decreased gross margins for independent pharmacies; however, reports are inconclusive regarding which payer more greatly affects independent pharmacies’ financial viability. Using 2006-2009 prescription claims data collected by a pharmacy switching company, the purpose of this study was to calculate and describe estimated reimbursement formulas and mean gross margins to assess the relative impact of these two payer groups. The study evaluated a total of 2,929,696 prescription claims paid for by Medicare Part D sponsors (n = 1,830,896) and commercial third-party payers (n = 1,098,800). The prescriptions were dispensed by 418 Texas independent pharmacies to 192,968 patients aged 65 to 94. Between 2008 and 2009, the median ingredient reimbursement ranged from AWP-17% to AWP-15% for Part D sponsors and from AWP-17.44% to AWP-15% for commercial third-party payers. The median dispensing fee ranged from $1.50 to $2.00 for Part D sponsors and from $1.10 to $2.00 for commercial third-party payers. For all payers, the median dispensing fee and median ingredient reimbursement decreased or was stagnant. Similarly, aggregate percent gross margin (calculated using the payers’ estimates of acquisition cost) decreased for both payer types between 2007 and 2009, with the mean gross margin of 4.0 percent earned for Part D prescriptions being higher than the 3.7 percent earned for commercial third-party prescriptions. In the same timeframe, the mean aggregate percent gross margin ranged from 2.8 percent to 6.0 percent among the five most popular Part D sponsors in the sample, and from 2.4 percent to 5.1 percent among the five most popular commercial third-party payers. The generic dispensing ratio explained a portion of the variance between and among payers. This study shows that significant variation exists in reimbursement formulas and percent gross margin between and among several of the most popular Part D sponsors and commercial third-party payers and supports pharmacy assertions that reimbursements from both payer types are decreasing. Pharmacies can respond to these pressures by being more conscientious of their business’ margins when reviewing contracts and increasing the proportion of generic drugs dispensed. / text

With a subpoena in one hand and a donor agreement in the other, what choice should an ethical archivist make? Since the legal battle over the Belfast Project—a collection of oral histories from Northern Irish paramilitaries about their involvement in the Troubles—at Boston College erupted in 2011, such a scenario has become a reality. With U.S. attorneys demanding access in the name of truth and justice, and historians advocating denial for the sake of scholarship and honor, the archival profession is facing some troubling legal and ethical issues. Regardless of the ultimate fate of the Belfast Project, the archival field will have to adapt to a new reality. This reality will have to consider the effects of the law and oral history practices on archives. Should archives be granted privilege recognized within the legal system? Should there be oversight for oral histories? Should archives offer privacy protections for third parties? How can the archival community address these issues? This thesis will use the Belfast Project to analyze legal and ethical issues facing archivists and explore what this means for the future of the profession. / text

This research studies the relationship between car manufacturers (CM) and third party logistics providers (TPLP), also known as the logistics partnership, in the outbound delivery channel in the Malaysian automotive industry. It focuses specifically on the dyad perspective, and demonstrates that several critical success factors are required for a successful relationship between these two parties. Five such factors emanate from the operational dimension and eight from the relational dimension. The five operational factors are: logistics service performance, investment, information sharing, information technology and communication, and price of the logistics service; and the eight relational factors are: trust, commitment, power, conflict, dependency, co-operation, informal activity, and understanding. The study also reveals that five outcomes are identified that benefit both the CM and the TPLP as a result of the win-win situation accruing to both parties. These are: renewal of the contract, company profitability, improved logistics service performance, knowledge transfer, and company branding. Such benefits enhance the supply chain relationship, and knowledge of these advantages improves current TPLP theory by deepening the understanding of how logistics partnership can succeed. In order to obtain rich data concerning the CM-TPLP relationship, the researcher adopted a different methodology from that used by previous scholars, who have concentrated on quantitative techniques. In this study, multiple case studies (seven in total) in one industry, the automotive industry, in the non-western context of Malaysia, were conducted. Three main steps in the case study protocol were followed. The first involved a review of the literature pertaining to the themes that required further exploration, together with the development of the interview questions. In the second step, data were collected using semi-structured interviews, observations, document reviews, photographs and also archival records. Qualitative content analysis was used to analyse the qualitative data. The third stage involved exploring the data until it was found that nothing new was emerging from the interviews, and hence theoretical saturation had occurred. At this point the factors in question were confirmed, and the initial model revised. Additionally, confidentiality was maintained in all respects to protect the participating organisations and individuals. The findings contribute to the understanding of the CM-TPLP relationship which enhance supply chain relationship and TPLP theory, since they shed light on the operational and relational factors in one specific industry, from a dyadic perspective, and in a non-Western context, thereby adding new dimensions to the existing body of knowledge in this field. The findings benefit practitioners via the novel LPS (logistics partnership success) model generated by the researcher. This indicates the key contributory factors to the CM-TPLP relationship success. Moreover, the study may have the capacity to generalise to other culturally-similar environments.

Magistro baigiamajame darbe, remiantis Lietuvos bei užsienio valstybių teisės aktais bei teisine literatūra, apžvelgiamas sutarčių trečiojo asmens naudai istorinis vystymasis Lietuvoje bei kitų valstybių praktikoje, sutarties trečiojo asmens naudai samprata bei elementai, kurie atskleidžia šios sutarties ypatumus bei sutartis, kurios savo prigimtimi yra pripažįstamos sutartimis trečiojo asmens naudai. / The final paper to obtain the Master’s degree deals with the historical formation of contracts of third parties in law practice in Lithuania and in other countries, to the conception and the elements of contract of third parties on the basis of legal reference and interpretation of law acts in Lithuania and foreign countries, contracts which by their nature belong to contract of third parties. The final paper to obtain the Master’s degree deals with issues related to contract of third parties. It consists of four parts. In the first part author summarizes the historical formation of contract of third parties in law practice in Lithuania and in other countries. The second part is devoted to the conception of contract of third parties and its place in civil law in different countries. The third part discusses the elements of contract of third parties by establishing the particularity of these contracts and underlining their differences in comparison with other types of contracts. The author attempts to summarize the juridical facts, which are necessary for third party to become a creditor. This part also analyses the situation of the claim when the third party has an ability to gain it from the contract or from law acts. Next in this part the role of creditor in the contract of third parties is analyzed. The fourth part of final paper is devoted to the contracts which by their nature belong to contract of third parties. The purpose of final paper to obtain the Master’s... [to full text]

Šiame darbe autorė nagrinėja reikalavimo perleidimo ir faktoringo institutų teisinio reglamentavimo ypatumus, jų santykį, bei siekia nustatyti juos siejančius ir skiriančius požymius. Analizuojamos cesijos ir faktoringo sąvokos bei šių institutų teisinė prigimtis Lietuvos bei užsienio civilinės teisės sistemoje, apžvelgiama susiklosčiusi Lietuvos Aukščiausiojo Teismo praktika. Cesijos ir faktoringo teisiniais santykiais yra siekiama tų pačių tikslų – perleisti reikalavimo teisę. Cesijos ir faktoringo teisinis reglamentavimas, kuris įtvirtintas Lietuvos Respublikos Civiliniame kodekse, suponuoja išvadą, kad cesija neabejotinai sudaro pagrindinį faktoringo sutarties elementą. Darbe siekiama ne tik atskleisti reikalavimo perleidimo ir faktoringo prigimtį, bet ir išanalizuoti kokiais būdais reikalavimas gali būti perleistas, kokios teisės ir pareigos yra suteiktos cesijos ir faktoringo sandorio šalims. Daug dėmesio skiriama reikalavimo perleidimo bei faktoringo sąlygų nustatymui ir analizavimui. Taip pat aptariamos minėtų institutų pasekmės. Tyrimas remiasi Lietuvos, Rusijos, Vokietijos, Prancūzijos ir Jungtinės Karalystės teisinio reglamentavimo ir mokslinės lietartūros analize. Yra pateikiama minėtų valstybių teisės doktrinų atstovų teiginiais nagrinėjamais aspektais, lyginamas šalių teisinis reglamantavimas taikant cesijos ir faktoringo institutus. Magistro baigiamojo darbo pabaigoje autorė pateikia tyrimą apibendrinančias išvadas. / In this final master thesis author is analyzing regulatory features of an assignment of claim and factoring institutes and also seeks to determine the main differences and the similarities of them. The conception of an assignment of claim and factoring, the legal nature of these institutes in Lithuania and foreign civil law systems are analyzed, additionally the emerged court practice of the Supreme Court of Lithuania are being discussed in the work. The purpose that the creditor seeks using an assignment of claim or factoring is the same – to transfer the valid claim. The legal regulation of an assignment of claim and factoring, provided in the Civil Code of the Republic of Lithuania, supposes the conclusion that an assignment of claim certainly is the main element of the factoring agreement. In this work author seeks nor only to reveal the nature of an assignment of claim and factoring, but also to analyze the ways a valid claim can be transferred. He also uncovers the rights and obligations of the parties of an assignment of claim and factoring agreement. This thesis at large scale approaches to detection and analyzation of conditions of an assignment of claim and factoring. Also the consequences of these institutes are being discussed. Research is based on Lithuanian, Russian, French, German and United Kingdom‘s deep analysis of legal regulation and existing academical literature. Author compares and discusses various affirmations of spokesmen representing... [to full text]

Networking has shown to benefit SMEs in terms of increasing resource acquisition and knowledge transfer, two vital components in SME growth and survival. However, previous research has indicated that SME network management is largely determined by the strategic orientation of the firm, which in turn, is influenced by the owner/manager. Third party involvement has moreover been suggested to positively influence networking participation by facilitating the overall networking process for SMEs. In the present study, the moderating effect of non-profit, municipal third party involvement, on the relationship between firm growth orientation and network intensity and range, is thus examined.

Nas últimas décadas a atividade logística vem recebendo status estratégico como sendo uma variável importante para a obtenção de vantagem competitiva por parte das empresas. Dessa forma, as organizações vêm investindo significativamente no desenvolvimento de sistemas logísticos ágeis e na coordenação eficiente das cadeias de abastecimento nas quais estão inseridas. No entanto, para não perderem competitividade e realmente agregar valor ao seu negócio, muitas dessas empresas estão se focando cada vez mais em seu core business e, consequentemente, transferindo para terceiros algumas ou todas as suas atividades logísticas como forma de reduzir custos e aumentar a eficiência de sua operação. Assim, este trabalho trata do problema de tomada de decisão de terceirização das atividades logísticas e de como viabilizar a seleção de um provedor de serviços logísticos (PSLs). Para isto, foi elaborada e proposta uma sistemática de apoio à análise e seleção de um PSL que agrega conceitos gerais de gestão de projetos e de análise multicriterial para embasar a escolha pelo PSL mais adequado. Nesse particular, foi utilizado o método AHP – Analytic Hierarchy Process - que permite tratar aspectos qualitativos e quantitativos, tendo sido aplicado a problemas que envolvem a tomada de decisão em segmentos distintos. Como forma de validação da sistemática proposta, ela foi aplicada parcialmente em uma empresa fabricante de motores diesel com forte viés na logística de abastecimento e que estava em processo de terceirização de parte de suas atividades logísticas. Como principais resultados, encontrou-se que a sistemática foi aderente ao ambiente empresarial encontrado, auxiliando a análise e compreensão das oportunidades e riscos relativos à terceirização das atividades logísticas e dos atributos importantes a serem considerados no processo de seleção e escolha do PSL que mais esteja adequado à realidade da empresa contratante; e mostrando adicionalmente que o preço não é o fator mais importante no momento da decisão. / In recent decades the logistics activity has received strategic status as an important factor for gaining competitive advantages for businesses. Thus companies have been investing significantly in the development of agile logistics systems and efficient coordination of the supply chains, in which they operate. However, to avoid losing competitiveness and really add value to their business, many of these companies are increasingly focusing on their core business and thus transferring to others some or all of their logistics activities as a way to reduce costs and increase efficiency of their operation. This work addresses the problem of decision-making on outsourcing of logistics activities and how to facilitate the selection of a Third-Party Logistics (3PL). For this, it was developed and proposed a system to support the analysis and selection of a 3PL that combines general concepts of project management and multicriteria analysis to base the choice of the 3PL that better fits the current needs. In particular, we used the AHP - Analytic Hierarchy Process - which could handle qualitative and quantitative aspects, since it has been applied to many decision-making problems in different segments. As a way of validating the proposed methodology, it was partially applied to a manufacturer of diesel engines with a strong bias in its supply chain logistics, which was in process of outsourcing part of their logistics activities. As the most important results, it was found that this methodology adhered to the business environment, supporting the analysis and understanding of the opportunities and risks for the outsourcing of logistics activities, as well as important attributes to be considered in the selection process and choice of a 3PL that is more appropriate to the reality of the contracting company. In addition, it showed that the price is not the most important factor for this decision.

Magister Legum - LLM (Mercantile and Labour Law) / The decision by countries to relax the common law doctrines of maintenance and champerty to accommodate Third Party Funding (TPF) in dispute resolution has sparked a worldwide debate. The controversial practice of funding disputes in exchange for a share of a successful outcome or settlement has left courts and administering institutions in a compromising position. South Africa joined the debate in 2004 after the Supreme Court of Appeal (SCA) relaxed the application of the doctrines in favour of TPF. The SCA found that domestic courts have the necessary mechanisms to protect themselves against any repercussions of TPF without the assistance of the doctrines. The SCA limited their search to the abilities of the courts and did not consider the effect TPF could have on other dispute resolution processes such as arbitration. This study seeks to discover whether arbitration can protect itself against the repercussions of TPF. It further questions the possibility of adopting regulations to aid in the protection of arbitration should the current mechanisms be insufficient.

Nas últimas décadas a atividade logística vem recebendo status estratégico como sendo uma variável importante para a obtenção de vantagem competitiva por parte das empresas. Dessa forma, as organizações vêm investindo significativamente no desenvolvimento de sistemas logísticos ágeis e na coordenação eficiente das cadeias de abastecimento nas quais estão inseridas. No entanto, para não perderem competitividade e realmente agregar valor ao seu negócio, muitas dessas empresas estão se focando cada vez mais em seu core business e, consequentemente, transferindo para terceiros algumas ou todas as suas atividades logísticas como forma de reduzir custos e aumentar a eficiência de sua operação. Assim, este trabalho trata do problema de tomada de decisão de terceirização das atividades logísticas e de como viabilizar a seleção de um provedor de serviços logísticos (PSLs). Para isto, foi elaborada e proposta uma sistemática de apoio à análise e seleção de um PSL que agrega conceitos gerais de gestão de projetos e de análise multicriterial para embasar a escolha pelo PSL mais adequado. Nesse particular, foi utilizado o método AHP – Analytic Hierarchy Process - que permite tratar aspectos qualitativos e quantitativos, tendo sido aplicado a problemas que envolvem a tomada de decisão em segmentos distintos. Como forma de validação da sistemática proposta, ela foi aplicada parcialmente em uma empresa fabricante de motores diesel com forte viés na logística de abastecimento e que estava em processo de terceirização de parte de suas atividades logísticas. Como principais resultados, encontrou-se que a sistemática foi aderente ao ambiente empresarial encontrado, auxiliando a análise e compreensão das oportunidades e riscos relativos à terceirização das atividades logísticas e dos atributos importantes a serem considerados no processo de seleção e escolha do PSL que mais esteja adequado à realidade da empresa contratante; e mostrando adicionalmente que o preço não é o fator mais importante no momento da decisão. / In recent decades the logistics activity has received strategic status as an important factor for gaining competitive advantages for businesses. Thus companies have been investing significantly in the development of agile logistics systems and efficient coordination of the supply chains, in which they operate. However, to avoid losing competitiveness and really add value to their business, many of these companies are increasingly focusing on their core business and thus transferring to others some or all of their logistics activities as a way to reduce costs and increase efficiency of their operation. This work addresses the problem of decision-making on outsourcing of logistics activities and how to facilitate the selection of a Third-Party Logistics (3PL). For this, it was developed and proposed a system to support the analysis and selection of a 3PL that combines general concepts of project management and multicriteria analysis to base the choice of the 3PL that better fits the current needs. In particular, we used the AHP - Analytic Hierarchy Process - which could handle qualitative and quantitative aspects, since it has been applied to many decision-making problems in different segments. As a way of validating the proposed methodology, it was partially applied to a manufacturer of diesel engines with a strong bias in its supply chain logistics, which was in process of outsourcing part of their logistics activities. As the most important results, it was found that this methodology adhered to the business environment, supporting the analysis and understanding of the opportunities and risks for the outsourcing of logistics activities, as well as important attributes to be considered in the selection process and choice of a 3PL that is more appropriate to the reality of the contracting company. In addition, it showed that the price is not the most important factor for this decision.