1,721,037 research outputs found
A rule-based analysis and comparison of the case Studies
Full text linkDrawing on data derived from ten hypothetical case studies, we adopt a rule-based comparative evaluation of the company laws of twelve different jurisdictions. The ten case studies examine topics relating to directors’ duties and liabilities generally and in the context of takeovers, the protection of creditors, including the relationship between creditors and a company, and the law governing shares, shareholders’ rights and protection and the flexibility of company law. Each of the corporate law issues raised by the ten case studies are addressed by national reporters appointed in respect of the US (Delaware), UK, Germany, France, the Netherlands, Italy, Spain, Poland, Finland, Latvia, South Africa and Japan. This chapter compares and contrasts the formal company law rules recognised by each of these twelve countries as applicable in respect of the ten case studies, as well as the effects and consequences of the application of those rules. The value in the comparative assessment of the form and function of the relevant company law rules in each of the twelve jurisdictions under review lies in the additional light they can cast on four of the most enduring debates in comparative company law. These concern the propositions that:(i) the pressures exerted by the increased pace of globalisation, international competition, interest groups, and imitation will inevitably lead to the convergence of company law rules (in terms of form or function) across all jurisdictions in the world, and in particular, assimilation to the US model of corporate law and governance (“the convergence proposition”); (ii) the patterns and structures of shareholder ownership (dispersed/outsider v concentrated/insider) of public joint stock companies in a country's main stock exchange will influence the nature and strength of the shareholder protection rules applicable in that country (“the patterns of share ownership proposition”);(iii) countries have a preference for a shareholder primacy model of corporate governance over that of a stakeholder or director primacy framework (“shareholder primacy proposition”); and(iv) the civilian legal origin of a country will influence its company law rules to such an extent that it will be inferior to a country that has its origins in the common law with regard to the level of (a) investor protection, (b) financial development, (c) access to finance, (d) government ownership and regulation, (e) security of property rights and (f) contract enforcement (“the legal origins proposition”)..In this chapter, the authors seek to demonstrate what a careful analysis of the form and function of each of the legal rules operative in the twelve jurisdictions can reveal about the strength of each of these propositions. The conclusions are drawn that there is a lack of evidence for the legal origins, patterns of share ownership, and convergence propositions, but some available for the shareholder primacy one. The broader economic and legal policy implications of these findings are subsequently examined and conclusions drawn.<br/
A rule-based analysis and comparison of the case Studies
Full text linkDrawing on data derived from ten hypothetical case studies, we adopt a rule-based comparative evaluation of the company laws of twelve different jurisdictions. The ten case studies examine topics relating to directors’ duties and liabilities generally and in the context of takeovers, the protection of creditors, including the relationship between creditors and a company, and the law governing shares, shareholders’ rights and protection and the flexibility of company law. Each of the corporate law issues raised by the ten case studies are addressed by national reporters appointed in respect of the US (Delaware), UK, Germany, France, the Netherlands, Italy, Spain, Poland, Finland, Latvia, South Africa and Japan. This chapter compares and contrasts the formal company law rules recognised by each of these twelve countries as applicable in respect of the ten case studies, as well as the effects and consequences of the application of those rules. The value in the comparative assessment of the form and function of the relevant company law rules in each of the twelve jurisdictions under review lies in the additional light they can cast on four of the most enduring debates in comparative company law. These concern the propositions that:(i) the pressures exerted by the increased pace of globalisation, international competition, interest groups, and imitation will inevitably lead to the convergence of company law rules (in terms of form or function) across all jurisdictions in the world, and in particular, assimilation to the US model of corporate law and governance (“the convergence proposition”); (ii) the patterns and structures of shareholder ownership (dispersed/outsider v concentrated/insider) of public joint stock companies in a country's main stock exchange will influence the nature and strength of the shareholder protection rules applicable in that country (“the patterns of share ownership proposition”);(iii) countries have a preference for a shareholder primacy model of corporate governance over that of a stakeholder or director primacy framework (“shareholder primacy proposition”); and(iv) the civilian legal origin of a country will influence its company law rules to such an extent that it will be inferior to a country that has its origins in the common law with regard to the level of (a) investor protection, (b) financial development, (c) access to finance, (d) government ownership and regulation, (e) security of property rights and (f) contract enforcement (“the legal origins proposition”)..In this chapter, the authors seek to demonstrate what a careful analysis of the form and function of each of the legal rules operative in the twelve jurisdictions can reveal about the strength of each of these propositions. The conclusions are drawn that there is a lack of evidence for the legal origins, patterns of share ownership, and convergence propositions, but some available for the shareholder primacy one. The broader economic and legal policy implications of these findings are subsequently examined and conclusions drawn.<br/
Duration, lawful termination and frustration of the Employment Contract
Full text linkThis chapter emphasises the pivotal role that the common law rules on the implied duration and the termination of the contract of employment play in defining the essence and nature of that institution. The claim is made that the implied common law rule treating the employment contract as indeterminate in duration provides explanatory force for the rules on classification, suspension and termination of the employment contract. Turning to the common law of termination, the chapter explains how key House of Lords and Supreme Court authorities such as Johnson, Eastwood, and Edwards do not preclude the addition of ‘just cause’ requirements to the unrestricted reasonable notice rule as a means of furnishing protection to employees falling outside the coverage of the statutory unfair dismissal regime. The chapter moves on to address other common law rules in play in respect of the termination of the employment contract, e.g. those applying in the context of termination by the employer making a payment in lieu of notice, summary dismissal by the employer, resignation and retirement by the employee and the expiry and non-renewal of a fixed-term employment contract. Reforms of these rules are suggested that pursue an ‘integrationist agenda’, i.e. an approach that is designed to gradually assimilate the common law rules with those applicable for the purposes of the unfair dismissal legislation. Proposals for a similar alignment of the common law rules of frustration with the interpretation of that conception for statutory purposes are also made. The chapter ends by exploring how the suggested reforms can be divided into those which promote substantive fairness on the one hand and those seeking to achieve procedural fairness on the other
Duration, lawful termination and frustration of the Employment Contract
Full text linkThis chapter emphasises the pivotal role that the common law rules on the implied duration and the termination of the contract of employment play in defining the essence and nature of that institution. The claim is made that the implied common law rule treating the employment contract as indeterminate in duration provides explanatory force for the rules on classification, suspension and termination of the employment contract. Turning to the common law of termination, the chapter explains how key House of Lords and Supreme Court authorities such as Johnson, Eastwood, and Edwards do not preclude the addition of ‘just cause’ requirements to the unrestricted reasonable notice rule as a means of furnishing protection to employees falling outside the coverage of the statutory unfair dismissal regime. The chapter moves on to address other common law rules in play in respect of the termination of the employment contract, e.g. those applying in the context of termination by the employer making a payment in lieu of notice, summary dismissal by the employer, resignation and retirement by the employee and the expiry and non-renewal of a fixed-term employment contract. Reforms of these rules are suggested that pursue an ‘integrationist agenda’, i.e. an approach that is designed to gradually assimilate the common law rules with those applicable for the purposes of the unfair dismissal legislation. Proposals for a similar alignment of the common law rules of frustration with the interpretation of that conception for statutory purposes are also made. The chapter ends by exploring how the suggested reforms can be divided into those which promote substantive fairness on the one hand and those seeking to achieve procedural fairness on the other
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Full text linkWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Full text linkWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
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