The Theory of Mandatory Core Duties

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (696 download)

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Book Synopsis The Theory of Mandatory Core Duties by :

Download or read book The Theory of Mandatory Core Duties written by and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This dissertation argues for mandatory fiduciary duties grounded in statute applicable to the American limited liability company. The recommended approach prohibits the contractual elimination of fiduciary duties including the duty of loyalty to act in the LLC's best interests and the duty of care to exercise reasonable care, subject to the business judgment rule, in the management of the LLC. Additionally, the recommended Theory of Mandatory Core Duties would prohibit the LLC operating agreement from displacing those equitable remedies that may be necessary to prevent a controlling member from engaging in unfairly prejudicial conduct - the hallmarks of which typically include the deprivation of financial benefits and/or managerial rights without an offer of fair compensation for the interest. The recommended approach departs substantially from the Delaware provisions that permit the complete elimination of fiduciary duties other than the implied contractual covenant of good faith and fair dealing as well as the indemnification for all claims and demands whatsoever. [Author edited abstract].

The Theory of Mandatory Core Duties

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Publisher :
ISBN 13 :
Total Pages : 774 pages
Book Rating : 4.:/5 (11 download)

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Book Synopsis The Theory of Mandatory Core Duties by : Sandra K Miller

Download or read book The Theory of Mandatory Core Duties written by Sandra K Miller and published by . This book was released on 2009 with total page 774 pages. Available in PDF, EPUB and Kindle. Book excerpt: This dissertation argues for mandatory fiduciary duties grounded in statute applicable to the American limited liability company. The recommended approach prohibits the contractual elimination of fiduciary duties including the duty of loyalty to act in the LLC's best interests and the duty of care to exercise reasonable care, subject to the business judgment rule, in the management of the LLC. Additionally, the recommended Theory of Mandatory Core Duties would prohibit the LLC operating agreement from displacing those equitable remedies that may be necessary to prevent a controlling member from engaging in unfairly prejudicial conduct - the hallmarks of which typically include the deprivation of financial benefits and/or managerial rights without an offer of fair compensation for the interest. The recommended approach departs substantially from the Delaware provisions that permit the complete elimination of fiduciary duties other than the implied contractual covenant of good faith and fair dealing as well as the indemnification for all claims and demands whatsoever. [Author edited abstract].

Theory of Societal Constitutionalism

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Publisher : Cambridge University Press
ISBN 13 : 0521410401
Total Pages : 382 pages
Book Rating : 4.5/5 (214 download)

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Book Synopsis Theory of Societal Constitutionalism by : David Sciulli

Download or read book Theory of Societal Constitutionalism written by David Sciulli and published by Cambridge University Press. This book was released on 1992 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author argues that the existing conceptual frameworks of political and social theory restrict both theorists and empirical researchers to a narrow definition of authoritarianism that focuses on governmental structure and fails to take account of forms of social control exercised outside the governmental sphere. Rather than define authoritarianism primarily by contrast to liberal democracy, Sciulli argues, we need to broaden our conception of authoritarianism to include "social authoritarianism," referring to social control imposed by private organizations and institutions, such as business corporations and professional associations. In this book, Sciulli develops an alternative conceptual framework, which he calls the theory of societal constitutionalism, and he explains how the theory can be used to assess whether social order in a society, whether democratic or authoritarian in political rule, is characterized by some degree of social authoritarianism. The book will be important reading for theorists in sociology, political science and legal studies.

Independence, Propertylessness, and Basic Income

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Publisher : Springer
ISBN 13 : 1137313099
Total Pages : 392 pages
Book Rating : 4.1/5 (373 download)

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Book Synopsis Independence, Propertylessness, and Basic Income by : K. Widerquist

Download or read book Independence, Propertylessness, and Basic Income written by K. Widerquist and published by Springer. This book was released on 2013-03-07 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Independence, Propertylessness, and Basic Income argues that philosophers have focused too much on scalar freedom and proposes a theory of status freedom as effective control self-ownership: the power to have or refuse active cooperation with other willing people, or simply: freedom as the power to say no.

The Oxford Handbook of Fiduciary Law

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Publisher : Oxford University Press
ISBN 13 : 0190634111
Total Pages : 912 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Oxford Handbook of Fiduciary Law by : Evan J. Criddle

Download or read book The Oxford Handbook of Fiduciary Law written by Evan J. Criddle and published by Oxford University Press. This book was released on 2019-04-29 with total page 912 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Fiduciary Law provides a comprehensive overview of critical topics in fiduciary law and theory through chapters authored by leading scholars. The Handbook opens with surveys of the many fields of law in which fiduciary duties arise, including agency law, trust law, corporate law, pension law, bankruptcy law, family law, employment law, legal representation, health care, and international law. Drawing on these surveys, the Handbook offers a synthetic analysis of fiduciary law's key concepts and principles. Chapters in the Handbook explore the defining features of fiduciary relationships, clarify the distinctive fiduciary duties that arise in these relationships, and identify the remedies available for breach of fiduciary duties. The volume also provides numerous comparative perspectives on fiduciary law from eminent legal historians and from scholars with deep expertise in a diverse array of the world's legal systems. Finally, the Handbook lays the groundwork for future research on fiduciary law and theory by highlighting cross-cutting themes, identifying persistent theoretical and practical challenges, and exploring how the field could be enriched through empirical analysis and interdisciplinary insights from economics, philosophy, and psychology. Unparalleled in its breadth and depth of coverage, The Oxford Handbook of Fiduciary Law represents an invaluable resource for practitioners, policymakers, scholars, and students in this essential field of law.

Encyclopedia of Management Theory

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Publisher : SAGE Publications
ISBN 13 : 1506324851
Total Pages : 1053 pages
Book Rating : 4.5/5 (63 download)

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Book Synopsis Encyclopedia of Management Theory by : Eric H. Kessler

Download or read book Encyclopedia of Management Theory written by Eric H. Kessler and published by SAGE Publications. This book was released on 2013-03-01 with total page 1053 pages. Available in PDF, EPUB and Kindle. Book excerpt: In discussing a management topic, scholars, educators, practitioners, and the media often toss out the name of a theorist (Taylor, Simon, Weber) or make a sideways reference to a particular theory (bureaucracy, total quality management, groupthink) and move on, as if assuming their audience possesses the necessary background to appreciate and integrate the reference. This is often far from the case. Individuals are frequently forced to seek out a hodgepodge of sources varying in quality and presentation to provide an overview of a particular idea. This work is designed to serve as a core reference for anyone interested in the essentials of contemporary management theory. Drawing together a team of international scholars, it examines the global landscape of the key theories and the theorists behind them, presenting them in the context needed to understand their strengths and weaknesses to thoughtfully apply them. In addition to interpretations of long-established theories, it also offers essays on cutting-edge research as one might find in a handbook. And, like an unabridged dictionary, it provides concise, to-the-point definitions of key concepts, ideas, schools, and figures. Features and Benefits: Two volumes containing over 280 signed entries provide users with the most authoritative and thorough reference resources available on management theory, both in terms of breadth and depth of coverage. Standardized presentation format, organized into categories based on validity and importance, structures entries so that readers can assess the fundamentals, evolution, and impact of theories. To ease navigation between and among related entries, a Reader’s Guide groups entries thematically and each entry is followed by Cross-References. In the electronic version, the Reader’s Guide combines with the Cross-References and a detailed Index to provide robust search-and-browse capabilities. An appendix with a Chronology of Management Theory allows readers to easily chart directions and trends in thought and theory from early times to the present. An appendix with Central Management Insights allows readers to easily understand, compare, and apply major theoretical messages of the field. Suggestions for Further Reading at the end of each entry guide readers to sources for more detailed research and discussion. Key themes include: Nature of Management Managing People, Personality, and Perception Managing Motivation Managing Interactions Managing Groups Managing Organizations Managing Environments Strategic Management Human Resources Management International Management and Diversity Managerial Decision Making, Ethics, and Creativity Management Education, Research, and Consulting Management of Operations, Quality, and Information Systems Management of Entrepreneurship Management of Learning and Change Management of Technology and Innovation Management and Leadership Management and Social / Environmental Issues PLUS: Appendix of Chronology of Management Theory PLUS: Appendix of Central Management Insights

Mandatory Reporting Laws and the Identification of Severe Child Abuse and Neglect

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Publisher : Springer
ISBN 13 : 9401796858
Total Pages : 569 pages
Book Rating : 4.4/5 (17 download)

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Book Synopsis Mandatory Reporting Laws and the Identification of Severe Child Abuse and Neglect by : Ben Mathews

Download or read book Mandatory Reporting Laws and the Identification of Severe Child Abuse and Neglect written by Ben Mathews and published by Springer. This book was released on 2015-03-17 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first comprehensive international coverage of key issues in mandatory reporting of child abuse and neglect. The book draws on a collection of the foremost scholars in the field, as well as clinicians and practice-based experts, to explore the nature, history, impact and justifiability of mandatory reporting laws, their optimal form, legal and conceptual issues, and practical issues and challenges for reporters, professional educators and governments. Key issues in non-Western nations are also explored briefly to assess the potential of socio-legal responses sex trafficking, forced child labour and child marriage. The book is of particular value to policy makers, educators and opinion leaders in government departments dealing with children, and to professionals and organisations who work with children. It is also intended to be a key authority for researchers and teachers in the fields of medicine, nursing, social work, education, law, psychology, health and allied health fields.

The Policy Making Process in the Criminal Justice System

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Publisher : Routledge
ISBN 13 : 1136234195
Total Pages : 154 pages
Book Rating : 4.1/5 (362 download)

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Book Synopsis The Policy Making Process in the Criminal Justice System by : Adrian Barton

Download or read book The Policy Making Process in the Criminal Justice System written by Adrian Barton and published by Routledge. This book was released on 2012-12-07 with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the state ‘deals with’ crime and criminality is a major issue for all students of criminology and criminal justice. This book offers a fresh perspective on the policy making process in the criminal justice system of England and Wales by presenting a detailed overview of both the theory behind it and how it plays out in practise with contemporary policy examples. The key features of this text include a detailed analysis of the basic political concepts surrounding the relationship between the citizen and the state as well as an overview of the state departments, organizations and individuals who are instrumental in creating and influencing policy. This book also analyses how criminal justice policy is interpreted and implemented on the street and comprises a range of discussion points and suggested further readings. By taking a unique criminal justice focussed approach to policy making, this text is perfect for the undergraduate taking modules in criminology, criminal justice, policing, the voluntary sector and social and public policy. It will also be of interest to those who are taking more vocational routes and practitioners.

Health Professions Education

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Publisher : National Academies Press
ISBN 13 : 030913319X
Total Pages : 191 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Health Professions Education by : Institute of Medicine

Download or read book Health Professions Education written by Institute of Medicine and published by National Academies Press. This book was released on 2003-07-01 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Institute of Medicine study Crossing the Quality Chasm (2001) recommended that an interdisciplinary summit be held to further reform of health professions education in order to enhance quality and patient safety. Health Professions Education: A Bridge to Quality is the follow up to that summit, held in June 2002, where 150 participants across disciplines and occupations developed ideas about how to integrate a core set of competencies into health professions education. These core competencies include patient-centered care, interdisciplinary teams, evidence-based practice, quality improvement, and informatics. This book recommends a mix of approaches to health education improvement, including those related to oversight processes, the training environment, research, public reporting, and leadership. Educators, administrators, and health professionals can use this book to help achieve an approach to education that better prepares clinicians to meet both the needs of patients and the requirements of a changing health care system.

Equity

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Publisher : Oxford University Press
ISBN 13 : 0191079383
Total Pages : 365 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Equity by : Irit Samet

Download or read book Equity written by Irit Samet and published by Oxford University Press. This book was released on 2018-12-06 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sets out to defend the claim that Equity ought to remain a separate body of law; the temptation to iron-out the differences between neighbouring doctrines on the two sides of the Equity/Common Law divide should, in most cases, be resisted. The theoretical part of the book is argues that the characteristics of Equity, namely, appeal to conscience, flexibility, retroactivity and the use of morally-freighted jargon, are essential for the implementation of a legal ideal that has been neglected by the Common Law: âAccountability Correspondenceâ. According to this fundamental legal ideal, liability imposed by legal rules should correspond to the pattern of moral duty in the circumstances to which the rules apply. Equity promotes this ideal in the fields of property and obligations by disallowing parties to exploit the rule-like nature of Common Law norms in a way that breaches their moral duty to the other party. By reference to various equitable doctrines, it is argued that the faults identified by critics of Equity, especially from the perspective of the Rule of Law, are highly exaggerated, and that the criticism often reflects a political belief in the supremacy of individualism and free market over empathy and social justice. The theoretical part is followed by three chapters, each dedicated to an in-depth analysis of the equitable doctrines of fiduciary duties, proprietary estoppel, and clean hands. For each doctrine, it is shown how their equitable characteristics are indispensable for achieving their social, ethical and economic purpose.

Philosophical Foundations of the Law of Torts

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Publisher : OUP Oxford
ISBN 13 : 0191005088
Total Pages : 464 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Philosophical Foundations of the Law of Torts by : John Oberdiek

Download or read book Philosophical Foundations of the Law of Torts written by John Oberdiek and published by OUP Oxford. This book was released on 2014-03-20 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary philosophy and tort law have long enjoyed a happy union. Tort theory today is an exceptionally active and wide ranging field within legal philosophy. This volume brings together established and emerging scholars from around the world and from varying disciplines that bring their distinct perspective to the philosophical problems of tort law. These ground breaking essays advance longstanding debates and open up new avenues of enquiry thus deepening and broadening the field. Contributions cover the major problematic areas of tort law, such as the relations between responsibility, fault, and strict liability; the morality of harm, compensation, and repair; and the relationship of tort with criminal and property law among many others.

Research Handbook on Fiduciary Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1784714836
Total Pages : 471 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Research Handbook on Fiduciary Law by : D. Gordon Smith

Download or read book Research Handbook on Fiduciary Law written by D. Gordon Smith and published by Edward Elgar Publishing. This book was released on with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Research Handbook on Fiduciary Law offers specially commissioned chapters written by leading scholars and covers a wide range of important topics in fiduciary law. Topical contributions discuss: various fiduciary relationships; the duty of loyalty and other fiduciary obligations; fiduciary remedies; the role of equity; the role of trust; international and comparative perspectives; and public fiduciary law. This Research Handbook will be of interest to readers concerned with both theory and practice, as it incorporates significant new insights and developments in the field.

The Evolution of International Arbitration

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Publisher : Oxford University Press
ISBN 13 : 0198739729
Total Pages : 273 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Evolution of International Arbitration by : Alec Stone Sweet

Download or read book The Evolution of International Arbitration written by Alec Stone Sweet and published by Oxford University Press. This book was released on 2017 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book charts and assesses the extent to which the major arbitration houses, including the International Chamber of Commerce and the International Centre for the Settlement of Investment Disputes, are evolving governance functions that would normally be associated with state courts.

Airman Classification

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Publisher :
ISBN 13 :
Total Pages : 686 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Airman Classification by : United States. Department of the Air Force

Download or read book Airman Classification written by United States. Department of the Air Force and published by . This book was released on 1988 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Islamic State as a Legal Order

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Publisher : Routledge
ISBN 13 : 1000566579
Total Pages : 212 pages
Book Rating : 4.0/5 (5 download)

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Book Synopsis Islamic State as a Legal Order by : Federico Lorenzo Ramaioli

Download or read book Islamic State as a Legal Order written by Federico Lorenzo Ramaioli and published by Routledge. This book was released on 2022-04-04 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the legal dimension of the Islamic State, an aspect which has hitherto been neglected in the literature. ISIS’ dystopian experience, intended as a short-lived territorial and political governance, has been analyzed from multiple points of view, including the geopolitical, social and religious ones. However, its legal dimension has never been properly dealt with in a comprehensive way, assuming as a point of reference both the Islamic and the Western legal tradition. This book analyzes ISIS as the expression of a potential though never fully realized legal order. The book does not describe ISIS’ possible classifications according to the standards and the criteria of international law, such as its possible statehood or proto-statehood, issues that are however touched upon. Rather, it analyzes ISIS’ own legal awareness, based on the group’s literary materials, which show a considerable amount of juridical work. Such material, mainly propagandistic in its nature, is essential in understanding which kind of legal order ISIS aimed at establishing. The book will be of interest to students and academics in the fields of Law, International Relations, Political Sciences, Terrorism Studies, Religion and Middle Eastern Studies.

Party Autonomy and the Role of Information in the Internal Market

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Publisher : Walter de Gruyter
ISBN 13 : 9783110170030
Total Pages : 450 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Party Autonomy and the Role of Information in the Internal Market by : Stefan Grundmann

Download or read book Party Autonomy and the Role of Information in the Internal Market written by Stefan Grundmann and published by Walter de Gruyter. This book was released on 2001 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examination of Party Autonomy and its limits has always raised fundamental questions in national contract and private law. The concentration on information solutions which enhance and leave more space to party autonomy is a fundamentally new approach to this core issue and is typical of Community legislation. The complexity of the question made it advisable to have the different aspects treated and discussed by specialists in different areas: by legal scholars and economists, by EC law and by contract law specialists, by scholars from different jurisdictions with different regulatory approaches and backgrounds. The four parts deal with (1) the economic and constitutionell foundations of the question, with (2) the framework to be found in EC treaty law, with (3) the fundamental and more general aspects relating to substantive EC contract law legislation, and with (4) the most important individual legal measures. The book covers both general contract law (with consumer contracts) and labour contract law.

Fifth World Conference on Information Security Education

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Publisher : Springer
ISBN 13 : 0387732691
Total Pages : 158 pages
Book Rating : 4.3/5 (877 download)

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Book Synopsis Fifth World Conference on Information Security Education by : Lynn Futcher

Download or read book Fifth World Conference on Information Security Education written by Lynn Futcher and published by Springer. This book was released on 2007-10-27 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Federation for Information Processing (IFIP) series publishes state-of-the-art results in the sciences and technologies of information and communication. The IFIP series encourages education and the dissemination and exchange of information on all aspects of computing. This particular volume presents the most up-to-date research findings from leading experts from around the world on information security education.