Journal of Corporate Law Studies最新文献

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Incident HIV infection and perinatal transmission rates among HIV negative pregnant women who retested in labor in a tertiary health centre, South East Nigeria. 尼日利亚东南部一家三级医疗中心中接受产前复检的 HIV 阴性孕妇的 HIV 感染率和围产期传播率。
IF 0.7 4区 社会学
Journal of Corporate Law Studies Pub Date : 2019-10-01 DOI: 10.4103/njcp.njcp_130_17
S D Ejikunle, I I Mbachu, C Okeudo, E Dike, E Ejikem
{"title":"Incident HIV infection and perinatal transmission rates among HIV negative pregnant women who retested in labor in a tertiary health centre, South East Nigeria.","authors":"S D Ejikunle, I I Mbachu, C Okeudo, E Dike, E Ejikem","doi":"10.4103/njcp.njcp_130_17","DOIUrl":"10.4103/njcp.njcp_130_17","url":null,"abstract":"<p><strong>Background: </strong>To reduce the number of new HIV infections among children, retesting of HIV negative pregnant women in labor to identify new infections and instituting appropriate modified obstetrics practices (MOP) has a huge role to play.</p><p><strong>Aims and objectives: </strong>This study evaluated the HIV sero-positivity in labor among pregnant women who earlier tested negative in antenatal clinic, associated risk factors and the corresponding rate of mother-to-child transmission of HIV infection.</p><p><strong>Methods: </strong>This was a prospective observational study where pregnant women in labor who had earlier tested HIV negative in the antenatal clinic at Imo State University Teaching Hospital Orlu, Imo state, Nigeria, were retested. The infants of the women who seroconverted were tested for HIV infection at 6 weeks using Deoxyribonucleic acid polymerase chain reaction (DNA PCR) by collecting Dried Blood Sample. This study was conducted from October 2015 to March 2016.</p><p><strong>Result: </strong>Out of the 163 patients studied, 6 demonstrated HIV seroconversion giving a seroconversion rate of 3.7%. Deliveries from the seroconverted patients were 5 live births and 1 intrauterine fetal death. All the 5 live babies tested HIV negative at 6 weeks of age. Predictors of seroconversion in late pregnancy include spouse's HIV status and number of other sexual partners.</p><p><strong>Conclusion: </strong>Retesting of HIV negative pregnant women in labor to identify new infections and instituting appropriate modified obstetrics practices has a huge role to play in the prevention of mother to child transmission of HIV infection.</p>","PeriodicalId":44517,"journal":{"name":"Journal of Corporate Law Studies","volume":"10 1","pages":"1341-1348"},"PeriodicalIF":0.7,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81867353","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Companies and UN 2030 Sustainable Development Goal 9 Industry, Innovation and Infrastructure 企业与联合国2030年可持续发展目标9工业、创新和基础设施
IF 1.1 4区 社会学
Journal of Corporate Law Studies Pub Date : 2019-08-30 DOI: 10.1080/14735970.2019.1652027
J. Denoncourt
{"title":"Companies and UN 2030 Sustainable Development Goal 9 Industry, Innovation and Infrastructure","authors":"J. Denoncourt","doi":"10.1080/14735970.2019.1652027","DOIUrl":"https://doi.org/10.1080/14735970.2019.1652027","url":null,"abstract":"ABSTRACT This article analyses the important connection between corporate longevity, social responsibility and intellectual property rights (IPR) assets in the context of sustainability. Society is demanding greater transparency of the footprint corporate entities leave on the planet as a result of how their business model is activated. The private sector response necessary to operate sustainably in the long term is critically examined specifically in connection with the United Nations 2030 Sustainable Development Goal 9 Industry, Innovation and Infrastructure (SDG 9). SDG 9 aims to ‘Build resilient infrastructure, promote inclusive and sustainable industrialization and foster innovation’. Certain characteristics of companies in the century club are contrasted with those of the younger MNEs with IP-reliant digital business models to illustrate the important connection between innovation, IP, sustainability and corporate longevity.","PeriodicalId":44517,"journal":{"name":"Journal of Corporate Law Studies","volume":"20 1","pages":"199 - 235"},"PeriodicalIF":1.1,"publicationDate":"2019-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/14735970.2019.1652027","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44591144","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 25
Misreading the directors’ fiduciary duty of good faith 误读董事的诚信义务
IF 1.1 4区 社会学
Journal of Corporate Law Studies Pub Date : 2019-08-22 DOI: 10.1080/14735970.2019.1631516
Daniel Attenborough
{"title":"Misreading the directors’ fiduciary duty of good faith","authors":"Daniel Attenborough","doi":"10.1080/14735970.2019.1631516","DOIUrl":"https://doi.org/10.1080/14735970.2019.1631516","url":null,"abstract":"ABSTRACT The fiduciary duty of good faith, now set forth in section 172 of the Companies Act 2006, expressly positions shareholders at the centre of the company’s interests, and assigns the priority entitlement to shareholders relative to all other stakeholders. The provision constitutes an attempted codification of the common law duty to act in good faith in the corporate interest, which remains immensely important in interpreting and applying the modern good faith requirement. However, this article submits that a reductive shareholder-determined articulation of the pre-2006 corporate interest seems practically misconceived, if not indeed in some sense conceptually impossible as a managerial behaviour obligation, and represents a departure from the common law doctrinal origins that is problematic for contemporary English company law and policy. Instead, the article provides a more functional and nuanced understanding of the salient cases, which focus typically on the company as a body corporate, and the particular free floating commercial objects of that entity.","PeriodicalId":44517,"journal":{"name":"Journal of Corporate Law Studies","volume":"20 1","pages":"73 - 98"},"PeriodicalIF":1.1,"publicationDate":"2019-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/14735970.2019.1631516","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46162810","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Corporate groups, common officers and the relevance of ‘capacity’ in questions of knowledge attribution 企业集团、普通管理人员和知识归属问题中“能力”的相关性
IF 1.1 4区 社会学
Journal of Corporate Law Studies Pub Date : 2019-08-20 DOI: 10.1080/14735970.2019.1604607
C. Mackie
{"title":"Corporate groups, common officers and the relevance of ‘capacity’ in questions of knowledge attribution","authors":"C. Mackie","doi":"10.1080/14735970.2019.1604607","DOIUrl":"https://doi.org/10.1080/14735970.2019.1604607","url":null,"abstract":"ABSTRACT This article advances a new approach to questions of knowledge attribution concerning determination of legal liability. It does so within the setting of a corporate group, specifically where a director, manager or secretary of a parent company is appointed to a subsidiary's board and acquires pertinent knowledge in the latter capacity. Under the common law of England and Wales, that knowledge cannot be attributed to the parent unless an exception exists. These are narrow and difficult to establish. However, common officers are often deployed to facilitate information flow between two companies. This creates a troubling paradox which has not previously been identified in the literature. Whilst the parent may benefit from useful intelligence gathered by these individuals, it is largely immune from legal liability if information relating to malfeasance or neglect in the subsidiary is discovered. The proposed approach redresses this imbalance, enabling information concerning the parent's ‘affairs’ to be attributed to it.","PeriodicalId":44517,"journal":{"name":"Journal of Corporate Law Studies","volume":"20 1","pages":"1 - 38"},"PeriodicalIF":1.1,"publicationDate":"2019-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/14735970.2019.1604607","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42717925","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
The (re)introduction of dual-class share structures in Hong Kong: a historical and comparative analysis 香港(再)引入双层股权结构:历史与比较分析
IF 1.1 4区 社会学
Journal of Corporate Law Studies Pub Date : 2019-07-29 DOI: 10.1080/14735970.2019.1638004
R. Huang, Wei Zhang, Kelvin Siu Cheung Lee
{"title":"The (re)introduction of dual-class share structures in Hong Kong: a historical and comparative analysis","authors":"R. Huang, Wei Zhang, Kelvin Siu Cheung Lee","doi":"10.1080/14735970.2019.1638004","DOIUrl":"https://doi.org/10.1080/14735970.2019.1638004","url":null,"abstract":"ABSTRACT In April 2018, Hong Kong issued new listing rules to introduce the dual-class share structure, also known as weighted voting rights (WVR), under which a special class of shareholders' voting rights are conferred disproportionately with respect to their equity interest. The WVR was used in Hong Kong in the 1980s but was banned in 1989. The debate on the WVR was rekindled by the Alibaba event in 2013. The WVR structure has benefits and costs. Thus, Hong Kong lays down relevant supporting mechanisms, including entry requirements, disclosure requirements and safeguard requirements. The WVR regime in Hong Kong appears to be more stringent than jurisdictions that have either long allowed WVR listings, notably the United States and Canada, or recently chose to do so such as Singapore. This paper argues that the (re)introduction of the WVR regime is generally a positive development for Hong Kong, but there are still some lingering concerns.","PeriodicalId":44517,"journal":{"name":"Journal of Corporate Law Studies","volume":"20 1","pages":"121 - 155"},"PeriodicalIF":1.1,"publicationDate":"2019-07-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/14735970.2019.1638004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45175064","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 6
Say on purpose: lessons from Chinese corporate charters 有的放矢:中国企业章程的教训
IF 1.1 4区 社会学
Journal of Corporate Law Studies Pub Date : 2019-07-03 DOI: 10.1080/14735970.2019.1605035
Li-wen Lin
{"title":"Say on purpose: lessons from Chinese corporate charters","authors":"Li-wen Lin","doi":"10.1080/14735970.2019.1605035","DOIUrl":"https://doi.org/10.1080/14735970.2019.1605035","url":null,"abstract":"ABSTRACT What is the purpose of the corporation? The debate has continued for a long time without a clear answer partly because corporate law is often silent or ambiguous on the purpose of the corporation. The debate is largely academic and has limited dialogues with corporations that manage business in the real world. If corporations themselves articulate the purpose in their constitutive documents, it might be helpful to resolve the corporate purpose controversy. China offers a valuable empirical setting to examine how corporations formally state the purpose in their corporate charters. The empirical findings in this article show that the purpose clause in the articles of incorporation is not static but evolving with institutional and organisational demands. However, the purpose clause serves only a signalling or marketing function because of external and intrinsic constraints.","PeriodicalId":44517,"journal":{"name":"Journal of Corporate Law Studies","volume":"19 1","pages":"251 - 275"},"PeriodicalIF":1.1,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/14735970.2019.1605035","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47075817","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Scrutinising the legality of cross-border mergers: finding the proper approach 审查跨境合并的合法性:找到合适的方法
IF 1.1 4区 社会学
Journal of Corporate Law Studies Pub Date : 2019-04-29 DOI: 10.1080/14735970.2018.1555984
Philip Morrison
{"title":"Scrutinising the legality of cross-border mergers: finding the proper approach","authors":"Philip Morrison","doi":"10.1080/14735970.2018.1555984","DOIUrl":"https://doi.org/10.1080/14735970.2018.1555984","url":null,"abstract":"ABSTRACT Before a cross-border merger can be completed, it must be sanctioned by the designated authority in the transferee Member State. Uncertainty has arisen as to the proper test for the English court to apply at this stage. This article argues that the approach from Re Diamond Resorts Plc, involving a intensive scrutiny of the benefits and disbenefits to stakeholders, does not represent the proper approach under the Cross-Border Merger Directive.","PeriodicalId":44517,"journal":{"name":"Journal of Corporate Law Studies","volume":"19 1","pages":"367 - 386"},"PeriodicalIF":1.1,"publicationDate":"2019-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/14735970.2018.1555984","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48014110","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Whistle-blowing as a corporate governance mechanism: South Africa and Nigeria in perspective 告密作为公司治理机制:南非和尼日利亚的视角
IF 1.1 4区 社会学
Journal of Corporate Law Studies Pub Date : 2019-04-24 DOI: 10.1080/14735970.2018.1561795
U. Nwoke
{"title":"Whistle-blowing as a corporate governance mechanism: South Africa and Nigeria in perspective","authors":"U. Nwoke","doi":"10.1080/14735970.2018.1561795","DOIUrl":"https://doi.org/10.1080/14735970.2018.1561795","url":null,"abstract":"ABSTRACT Corporate misconducts present challenges to the governance of modern corporations, not least because they undermine sound corporate culture and obstruct economic growth. One of the ways through which these misconducts can be exposed is through the mechanism of whistle-blowing. This article examines the role of whistleblowing in combating corporate frauds and misconducts. Using South Africa as the ‘foil’ to Nigeria, it describes the law and role of whistleblowing in a comparative context. It finds that while South Africa has taken steps to embed sound whistle-blowing practices within its jurisdiction, the concept is virtually non-existent in Nigeria. This is because there is no comprehensive legislation on whistle-blowing in the country, coupled with the dearth of strong institutions needed for the protection of whistle-blowers. The article, while making recommendations on how the concept can be strengthened, contends that with strong legal and institutional structures, whistle-blowing can amount to a powerful tool for the entrenchment of a robust and viable corporate governance mechanism in Nigeria.","PeriodicalId":44517,"journal":{"name":"Journal of Corporate Law Studies","volume":"19 1","pages":"421 - 450"},"PeriodicalIF":1.1,"publicationDate":"2019-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/14735970.2018.1561795","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43801783","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
Assessing the effectiveness of the UK’s insolvency regulatory framework at deterring insolvency practitioners’ opportunistic behaviour 评估英国破产监管框架在阻止破产从业人员机会主义行为方面的有效性
IF 1.1 4区 社会学
Journal of Corporate Law Studies Pub Date : 2019-01-08 DOI: 10.1080/14735970.2018.1554551
J. Wood
{"title":"Assessing the effectiveness of the UK’s insolvency regulatory framework at deterring insolvency practitioners’ opportunistic behaviour","authors":"J. Wood","doi":"10.1080/14735970.2018.1554551","DOIUrl":"https://doi.org/10.1080/14735970.2018.1554551","url":null,"abstract":"ABSTRACT This article examines whether the increase in insolvency regulation is adequate to deter insolvency practitioners from using their discretion to charge excessive fees. To understand how insolvency regulation has developed the article will commence with a review of the historical origins of insolvency work and how it became associated with opportunistic behaviour. Next, the insolvency practitioner will be examined along with the recognised professional regulators to examine how their practices have helped to shape insolvency law. IP discretion and their decision making will then be considered to demonstrate how opportunism has continued to exist in administration, before the measures that have been taken over the last twenty years to address some of these issues are explored. The Australian regulatory system will then be reviewed as a comparison to the UK, before finally recommendations are made to the effect that insolvency practitioners should be further monitored in the use of their discretion.","PeriodicalId":44517,"journal":{"name":"Journal of Corporate Law Studies","volume":"19 1","pages":"333 - 366"},"PeriodicalIF":1.1,"publicationDate":"2019-01-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/14735970.2018.1554551","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44081666","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Limited partnership law and private equity: an instance of legislative capture? 有限合伙法和私募股权:立法俘获的一个例子?
IF 1.1 4区 社会学
Journal of Corporate Law Studies Pub Date : 2019-01-02 DOI: 10.1080/14735970.2018.1456393
Elspeth Berry
{"title":"Limited partnership law and private equity: an instance of legislative capture?","authors":"Elspeth Berry","doi":"10.1080/14735970.2018.1456393","DOIUrl":"https://doi.org/10.1080/14735970.2018.1456393","url":null,"abstract":"ABSTRACT The number of limited partnerships in the UK has grown rapidly since the 1980s, largely due to the use of the limited partnership vehicle by private equity. The political and economic influence of private equity has enabled it to exert considerable influence on the UK government amounting to legislative capture, and this in turn has driven reforms to limited partnership law, predominantly deregulation, for the sole benefit of private equity. This distortion of the partnership legislation disadvantages other users or potential users of the limited partnership vehicle, since the private equity-inspired reforms do not apply them, and other reforms which would be of benefit to them have been ignored. Furthermore, reduced regulation is in some respects harmful to private equity itself, and the overall result is harm to the wider economy.","PeriodicalId":44517,"journal":{"name":"Journal of Corporate Law Studies","volume":"19 1","pages":"105 - 135"},"PeriodicalIF":1.1,"publicationDate":"2019-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/14735970.2018.1456393","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45457616","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
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