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Post-Pandemic FINRA Arbitration: To Zoom or Not to Zoom?
Get PDFThis Article contributes to the literature exploring the impact of the pandemic on arbitration and explores whether parties arbitrating their disputes during the pandemic have had access to justice equivalent to the justice that was available pre-pandemic. Though it is difficult to draw any conclusions about FINRA arbitration due to the confidential and non-reasoned nature of awards, the Article focuses on arbitration of securities industry disputes at one forum, FINRA DRS. In particular, the Article analyzes data about FINRA customer arbitrations over the course of the pandemic, from onset in March 2020 through mid-2022, when most municipalities had lifted COVID-19 restrictions.
This Article proceeds in six parts. Part II briefly describes FINRA arbitration. Part III describes how the forum responded to the pandemic for its arbitration docket, including its pivot to Zoom hearings, and also discusses the pros and cons of proceeding with an arbitration hearing via Zoom. Part IV relates empirical data on the outcome of FINRA customer arbitration during the pandemic. Part V offers some analysis of the data and explores whether Zoom arbitration at FINRA impedes access to justice. Part VI concludes
Examining Differences in How Atheist and Religious Therapists Are Perceived and the Moderating Effects of Religiosity and Personality Traits
No full textThe purpose of this study was to examine whether negative perceptions of atheists/nonbelievers extend to the therapeutic realm. The current literature has found that atheists and nonbelievers, a growing segment in the United States’ population, report various forms of discrimination as a result of being considered members of an “out” group, thus affecting their mental health. The counseling literature has examined the importance of addressing value differences and potential effects within the therapeutic dyad, but most of the focus has been on race, gender, sexual identity, and religiosity, with almost no attention given to how nonbelief might also play a role in value conflicts. This study addressed this gap in the literature by assessing whether atheist therapists were rated less favorably and less likely to be sought out than religious identifying therapists. Participants (n=363) were randomly assigned to different vignettes describing a therapist’s atheist or religious orientation, and then asked to rate their perceptions of the therapist and likelihood of seeking them out. Contrary to what was hypothesized, there were no significant differences for participants rating atheist therapists as less favorable and less likely to be sought out compared to religious therapists. Also, contrary to prediction, the personality traits of openness and agreeableness did not moderate this relationship. Results did indicate that participant religiosity moderated the relationship between participants\u27 perceptions and a therapist’s belief orientation and likelihood of being sought out. However, although a participant’s religiosity was negatively associated with their overall perceptions of atheist therapists, surprisingly this effect was found to be even stronger for religious counselors. Besides being one of the only studies to empirically examining perception of atheists therapists, these findings have important implications for counseling training, current counseling professionals, and future research
Examining the Influence of Empathy and Autonomous Motivation Within Counselor Work Setting
No full textEmpathy is regarded as an essential quality for counselors. Although there are findings that validate its importance and predictive value in positive counseling outcomes, there remain areas of the experience that have yet to be explored. Research reveals that when professionals work in environments that do not provide satisfaction of their basic needs for autonomy, the affective and cognitive components of their empathy are negatively impacted. However, there is little understanding of whether a practitioner’s motivation in a particular environment might further explain this relationship between empathy and work setting. Therefore, the purpose of this study was to investigate how autonomous motivation could contribute to the explanation of the relationship between practicing counselors’ work settings and their levels of empathy. As hypothesized, a positive relationship was found between autonomous motivation and cognitive empathy, but contrary to prediction, no significant relationship was found for affective empathy. Moreover, contrary to prediction, no differences were found for either empathy or motivation when comparing private practice and agency settings. Further analyses exploring job satisfaction found it to be strongly correlated with autonomous motivation, as well as significantly higher in clinicians working in private practice. Although work setting differences were not found for the primary constructs, the following study provides evidence that the varying effects for the different components of empathy extend to the counseling realm, as well as support previous research identifying the significance of autonomous motivation to counselor well-being. These findings have implications for future research exploring the effects of empathy in counselors, as well as for counselor education and training
Exposing the Glass Ceiling and Social Exclusion of Arabs in the Israeli Labor Market
Get PDFThis article presents the conservative claim that the public sector ought to lead by example to influence social employment patterns, across the public and private sectors. The hypothesis is that affirmative action plans are instrumental in establishing change in employment processes and are additionally essential in advancing the social concept of employment diversity. In the absence of a clear obligation and set requirements for the inclusion of Arab employees in Israel, an under-represented group, it is likely no significant change in employment patterns will be seen. This article details how current affirmative action plans advocate for integration merely on paper and additionally how dedicated tenders aimed for integration, end up establishing an internal organizational glass ceiling. The implemented integration is limited to certain positions, specifically junior or profession-oriented, while throughout the civil service, integration objectives remain general rather than directed at profession or ranking. The data collected for this article, illustrates patterns of employment and auction processes in the civil service and the private sector, while focusing on the limited civil service rather than on government agencies and statutory authorities. The following findings of the study shows a problematic pattern of social exclusion of Arabs, while better results were identified in the private sector, where there is no mandated regulation in respect of the affirmative policy
Privacy And National Politics: Fingerprint and DNA Litigation in Japan And the United States Compared
Get PDFThe Big Chill: Are Public Participation Rights Being Slapp-Ed?
Get PDFThis article focuses on the Petition Clause of the First Amendment to the U.S. Constitution and addresses a confounding situation caused by Supreme Court precedents that give greater protection to persons who engage in illegal business practices than to citizens who petition their governments. This dichotomy is especially detrimental to environmental protection.
The crux of the conflict lies in which standard courts should use to determine whether the petitioning activity is protected: the subjective Free Speech standard grafted onto Petition Clause activities or the objective standard initially developed by the Supreme Court for petition activities in antitrust cases. The result has been the application of the subjective standard for tort allegations, including business torts, and the objective standard for alleged illegal business practices.
The Supreme Court’s failure to protect petition activities in some cases has resulted in a phenomenon known as SLAPPs, Strategic Lawsuits Against Public Participation. The essential characteristic of these lawsuits is that the litigant, usually a business, does not bring the lawsuit to win; the lawsuit is brought to make it costly and difficult for the petitioner to protest for fear of being enmeshed in a protracted legal proceeding. Unfortunately, many environmental activists have tort claims brought against them, especially when the economic stakes are high. The difficulties presented in defending against tort allegations have significantly chilled citizen engagement with their governments on a variety of issues, but a major portion of SLAPPs involve environmental concerns.
This article also examines the myriad of state laws enacted to prevent chilling citizen petition activities, along with the recently released Uniform Public Expression Protection Act (UPEPA). Many states have enacted anti-SLAPP laws, but those laws vary widely plus not all states have them. The resulting gaps mean that the choice of forum has a significant impact on how protected a citizen’s petitioning activities are from a SLAPP. Widespread adoption of UPEPA should help to reduce some procedural differences by creating uniform rules for court management of these lawsuits. However, UPEPA’s definition section could perpetuate the disparate treatment of tort and illegal business petitioning activities.
To give citizens the full benefit of their rights under the Petition Clause, courts should create a uniform rule, applying the objective standard developed in antitrust cases to all Petition Clauses activities. This solution would raise a question with which the Supreme Court has struggled before: whether protections of the Speech and Petition Clauses should be treated the same. In the two Supreme Court decisions addressing this issue, the Court did so but clearly struggled to reach that conclusion in the more recent case. It also limited its holding to the situation presented in that case: whether an individual government employee could bring an employment claim under the Petition Clause that was barred by the Free Speech Clause.
The result of the Court’s application of Free Speech standards to Petition Clause cases brought by government employees, however, perpetuates an inequality in the application of the Petition Clause overall: greater protection for people who may engage in illegal business practices than for citizens seeking to protect the environment. To address the demonstrable and significant chilling effect on citizen participation in governance, courts should apply the objective Noerr-Pennington standard to Petition Clause cases related to all forms of governmental regulation
Corporate Social Responsibility (CSR) as a Shield in Times of Crisis: An Empirical Analysis of the Relationship Between CSR and CEO Dismissal and Career Recovery Following a Financial Restatement
No full textPrevious research shows that Corporate Social Responsibility (CSR) can improve a firm’s reputation and have an insurance-like effect following an adverse event. However, for CSR initiatives to reap these benefits, stakeholders must perceive them as authentic (Beckman et al. 2009). The interconnectedness of firms and their leaders suggests that CEOs may also reap these reputational benefits. This dissertation suggests that authentic firm-level CSR will be attributable to the CEO and can provide reputational capital to either shield the CEO from dismissal or aid in career recovery in the wake of a fraudulent financial restatement.In this study, CSR is conceptualized as a perceptual phenomenon through the lens of attribution theory by assessing the consistency, consensus, and distinctiveness of CSR. The resulting variable, Attributed CSR, represents CSR that is perceived as authentic and attributable to the CEO.In examining CEO departure following a fraudulent restatement, Attributed CSR has statistical significance but in the opposite direction. Attributed CSR is positively associated with departure. This may be due to the severity of the crisis. This integrity violation may invalidate the goodwill of the CSR or the mixed signals received by stakeholders may indicate hypocrisy. Once the CEO departs, there is partial support for Attributed CSR’s relationship with career recovery. A probit regression results in significance in the anticipated direction, but when the Heckman two-stage probit model is used to control for potential sample selection bias, the significance is lost. It is encouraging that Attributed CSR appears to help with career recovery. The small sample size at the second stage of the analysis may explain why significance evaporated.The study findings advance CSR literature in several ways. First, it invokes attribution theory to the study of the organizational sciences to gain insights into CSR perceptions. Second, it introduces a variable, Attributed CSR, to measure CSR perceptions. Third, Attributed CSR allows the gap between subjective perceptions and objective measures of CSR to be empirically assessed. Fourth, it prompts a rethinking of the contextual elements that impact CSR’s ability to provide insurance-like effects. Fifth, this study investigates how individuals process CSR evaluations, advancing micro-CSR research
