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Managerial Law最新文献

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The Companies Act 2006 – revolution or evolution? 《2006年公司法》——革命还是演变?
Managerial Law Pub Date : 2007-02-06 DOI: 10.1108/03090550710759649
John Birds
{"title":"The Companies Act 2006 – revolution or evolution?","authors":"John Birds","doi":"10.1108/03090550710759649","DOIUrl":"https://doi.org/10.1108/03090550710759649","url":null,"abstract":"Purpose – The Companies Act became law in November 2006. Government spokesmen have claimed that it will simplify the running of the private companies that constitute the majority of registered companies and that it will enhance shareholder engagement in large quoted companies. Aims to question whether this is really the case.Design/methodology/approach – The article is a critical commentary.Findings – There are some good things in the Act but it can be argued that these hardly add up to a revolution, and the new Act remains full of regulatory requirements for all companies, something that will be compounded when the mass of necessary secondary legislation is introduced.Originality/value – Shows that evolution rather than revolution would seem a more apt description of this legislation.","PeriodicalId":447231,"journal":{"name":"Managerial Law","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126979933","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 4
Defining the corporate social responsibility of business from international law 从国际法定义企业的社会责任
Managerial Law Pub Date : 2007-02-06 DOI: 10.1108/03090550710759658
E. Schouten
{"title":"Defining the corporate social responsibility of business from international law","authors":"E. Schouten","doi":"10.1108/03090550710759658","DOIUrl":"https://doi.org/10.1108/03090550710759658","url":null,"abstract":"Purpose – The purpose of this paper is to argue that corporate social responsibilities of international business can be defined in terms of human rights responsibilities.Design/methodology/approach – The approach taken is to draw from international law to examine whether these responsibilities can be defined in a precise way.Findings – The paper finds that human rights responsibilities of business needs further refining.Research limitations/implications – Research needs to be conducted from a law perspective on defining concepts such as “complicity”, “spheres of influence” or “respecting” human rights.Practical implications – This paper calls upon international business and their stakeholders to use and pro‐actively manage their human rights responsibilities and further refine the existing managerial human rights tools.Originality/value – In exploring the human rights responsibilities of business, this paper contributes to an important crossroads of international law and management.","PeriodicalId":447231,"journal":{"name":"Managerial Law","volume":"73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127283269","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 18
The revised Combined Code and corporate governance 修订后的合并准则与公司治理
Managerial Law Pub Date : 2006-09-01 DOI: 10.1108/03090550610715963
C. Pass
{"title":"The revised Combined Code and corporate governance","authors":"C. Pass","doi":"10.1108/03090550610715963","DOIUrl":"https://doi.org/10.1108/03090550610715963","url":null,"abstract":"Purpose – The purpose of this paper is to investigate the extent to which a sample of large UK companies comply with the main provisions of the revised 2003 Combined Code on corporate governance. The new Code incorporates a number of key principles of compliance with regard to the roles of a company's chairperson and chief executive, the composition of its Board of Directors and the composition of the Board's three main committees – the Nominations, Remuneration and Audit Committees. Companies are expected to fully comply with the provisions of the Code or proffer an “acceptable” explanation as to why they have not done so under the Code's “comply or explain” philosophy. The Code gives greater prominence to the role of non‐executive directors in a company's corporate governance structures and decision‐making processes and emphasizes the importance of non‐executive directors being “independent”.Design/methodology/approach – The paper looks at the extent of compliance in respect of the governance provisions...","PeriodicalId":447231,"journal":{"name":"Managerial Law","volume":"5 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125009485","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 66
Performance appraisals as a selection criterion in downsizing 业绩评估作为裁员的选择标准
Managerial Law Pub Date : 2006-09-01 DOI: 10.1108/03090550610715972
Mike Schraeder, Dennis R. Self, D. Lindsay
{"title":"Performance appraisals as a selection criterion in downsizing","authors":"Mike Schraeder, Dennis R. Self, D. Lindsay","doi":"10.1108/03090550610715972","DOIUrl":"https://doi.org/10.1108/03090550610715972","url":null,"abstract":"Purpose – The primary purpose of this article is to examine two alternative approaches for the use of performance appraisals in selecting individuals out of the organization (i.e. to be laid off). A rank‐order approach and a banding approach are compared to provide insight regarding issues associated with each approach.Design/methodology/approach – Literature examining the status of downsizing as an organizational strategy, as well as some of the legal and practical considerations associated with the use of performance appraisals in downsizing decisions is reviewed as a precursor to an illustrated comparison of a rank‐order approach and banding approach to select individuals to be downsized. Actual performance appraisal scores for 106 individuals working in an organization were analyzed for the purposed of the comparative illustration.Findings – The illustrative comparison highlights specific issues associated with using two different approaches for selecting individuals for an organizational downsizing.R...","PeriodicalId":447231,"journal":{"name":"Managerial Law","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128635999","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 15
Sexual Harassment and the law: The British experience 性骚扰与法律:英国的经验
Managerial Law Pub Date : 2006-09-01 DOI: 10.1108/03090550610715954
Graeme Lockwood, Patrice Rosenthal, Alexandra Budjanovcanin
{"title":"Sexual Harassment and the law: The British experience","authors":"Graeme Lockwood, Patrice Rosenthal, Alexandra Budjanovcanin","doi":"10.1108/03090550610715954","DOIUrl":"https://doi.org/10.1108/03090550610715954","url":null,"abstract":"Purpose – To explore key legal issues surrounding sexual harassment claims made to employment tribunals and the courts.Design/methodology/approach – This entails qualitative legal analysis of case decisions. This will involve an exposition of the reasoning behind legal decisions and a critical examination of the courts' or tribunals' interpretation of the law.Findings – The research provides information about features and trends in sexual harassment litigation in Britain.Research limitations/implications – This paper outlines a set of preliminary results from an analysis of some sexual harassment cases heard in Britain.Practical implications – Highlights key implications of legal decisions for human resource policy and practice in organizations. It will also identify deficiencies in management practice that lead to instances of sexual harassment taking place.Originality/value – Scholars and policymakers in organizations should be interested in an integrated analysis of legal and organizational issues with...","PeriodicalId":447231,"journal":{"name":"Managerial Law","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133297569","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 4
Democratic accountability and economic reality: Hungary's membership of the European Monetary System 民主问责制与经济现实:匈牙利加入欧洲货币体系
Managerial Law Pub Date : 2006-07-01 DOI: 10.1108/03090550610681204
Emese Peter Fáyné
{"title":"Democratic accountability and economic reality: Hungary's membership of the European Monetary System","authors":"Emese Peter Fáyné","doi":"10.1108/03090550610681204","DOIUrl":"https://doi.org/10.1108/03090550610681204","url":null,"abstract":"Purpose – The absorption of the New Member States (NMS) after the 2004 enlargement and their integration into Economic and Monetary Union (EMU) is perhaps the most important challenge facing the European Union (EU). The article seeks to address the issues.Design/methodology/approach – The article is based upon observations of contemporary events within Hungary and relates the political process with issues of fiscal governance.Findings – The NMS of the EU, unlike Great Britain and Denmark will not have an “opt‐out” – the right to remain outside EMU. Indeed, the NMS have declared that they want to join the monetary system as soon as is feasible. This is the next major step in the integration process for Hungary. In particular, the article observes that there has been an electoral business cycle which overrides Hungary's longer term commitment to qualify for EMU and provides an insight into the process of achieving EMU membership in one NMS.Originality/value – The article discusses how Hungary has elaborated...","PeriodicalId":447231,"journal":{"name":"Managerial Law","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114786228","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Police powers and human rights in the context of terrorism 恐怖主义背景下的警察权力和人权
Managerial Law Pub Date : 2006-07-01 DOI: 10.1108/03090550610681213
R. Stone
{"title":"Police powers and human rights in the context of terrorism","authors":"R. Stone","doi":"10.1108/03090550610681213","DOIUrl":"https://doi.org/10.1108/03090550610681213","url":null,"abstract":"Purpose – The object of the paper is to analyse the justifications for the modification of police powers in response to terrorist threats, placing this issue in a European context.Design/methodology/approach – The paper consists of a critical examination of provisions relating to terrorism emanating from the European Union and the Council of Europe (European Convention on Human Rights (ECHR)), and the relevant English law on police powers of stop and search, arrest, and detention.Findings – Nothing in European law requires the amendments to police powers contained in English law; European law requires respect for human rights, even in dealing with terrorism; a shoot‐to‐kill policy is prohibited by the ECHR; and balance is an unsatisfactory method of resolving conflicts in this area.Research limitations/implications – The research was limited in its scope to certain areas of police powers, and to certain fundamental European documents. Future research should consider the issue in relation to wider areas.Or...","PeriodicalId":447231,"journal":{"name":"Managerial Law","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129313190","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
The Charter of Fundamental Rights of the European Union – the social dimension 《欧洲联盟基本权利宪章》-社会层面
Managerial Law Pub Date : 2006-07-01 DOI: 10.1108/03090550610681231
J. Carby-Hall
{"title":"The Charter of Fundamental Rights of the European Union – the social dimension","authors":"J. Carby-Hall","doi":"10.1108/03090550610681231","DOIUrl":"https://doi.org/10.1108/03090550610681231","url":null,"abstract":"Purpose – This article aims to analyse the development of the concept of social dialogue in the UK as it has been encouraged by the European Union vision of social democracy. The starting points for the discussion are articles 27 and 28 of the Character of Fundamental Rights of the European Union on information and consultation and collective bargaining and collective agreements, respectively.Design/methodology/approach – The European context for developments is followed by a historical sketch of the topics included in the discussion. Analysis and evaluation is then presented of the evolving concept of social partnership and the traditional forms of “social dialogue” in the UK – collective bargaining and collective agreements; trade union recognition for collective bargaining; disclosure of information for collective bargaining purpose. Some former collective bargaining systems are also included in the analysis.Findings – The focus of the discussion is the influence of European law on information and cons...","PeriodicalId":447231,"journal":{"name":"Managerial Law","volume":"167 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132545206","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 8
The European Parliament – giving democratic powers to the “people's body” 欧洲议会——赋予“人民机构”民主权力
Managerial Law Pub Date : 2006-07-01 DOI: 10.1108/03090550610681240
Bill Newton‐Dunn
{"title":"The European Parliament – giving democratic powers to the “people's body”","authors":"Bill Newton‐Dunn","doi":"10.1108/03090550610681240","DOIUrl":"https://doi.org/10.1108/03090550610681240","url":null,"abstract":"Purpose – The article has the purpose of looking back to the founding of the European Union (EU).Design/methodology/approach – The article combines narrative with analysis.Findings – It is the author's view that the EU is a success story. The EU's separation of powers between three decision‐making bodies is explained and contrasted with what the author considers to be the regrettable centralisation of power at Westminster. The article looks at the many major challenges which are facing Europeans, including the question of how large the EU should be allowed to grow and the economic challenges from China and India.Originality/value – The value of the article is that it contains the views of a member of the parliament (MEP) who has been a MEP since the first direct elections in 1979 and who is able to reflect on developments with singular first hand knowledge.","PeriodicalId":447231,"journal":{"name":"Managerial Law","volume":"40 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120993696","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The nuclear industry 核工业
Managerial Law Pub Date : 2006-07-01 DOI: 10.1108/03090550610681222
P. Barnes
{"title":"The nuclear industry","authors":"P. Barnes","doi":"10.1108/03090550610681222","DOIUrl":"https://doi.org/10.1108/03090550610681222","url":null,"abstract":"Purpose – The national governments of the European Union (EU) are finding it increasingly difficult to provide their populations with cheap and reliable sources of electricity. There is a highly controversial technology available within the EU which could overcome this problem – nuclear generated electricity. The purpose of this article is to question the extent to which it is possible to reconcile the views of those citizens who object to the use of nuclear electricity with views of those who support the use of nuclear electricity as a competitive, sustainable and secure electricity supply within an open and competitive European energy market.Design/methodology/approach – This article adopts an inter‐disciplinary approach to the analysis of the issues.Findings – Political, economic and environmental pressures are combining to constrain the opportunities for national governments to enable citizens’ preferences with regard to the nuclear sector to be maintained. What is argued in the article is that all th...","PeriodicalId":447231,"journal":{"name":"Managerial Law","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129389218","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
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