Thesis (Ed.M.)--Boston University

A series of China’s product safety scandals have recently aroused global concerns over the business ethics and corporate social responsibility (CSR) in China. General public believe that companies have a responsibility towards the society that goes beyond their obligation of maximizing profits. The aims of this research are to understand the development of CSR in China over the past few years and measure the effects of CSR on firm performance by examining the standalone CSR reports for the period 2008-2009. The latest data indicate that Chinese companies have been making progress in their CSR practices. The results of this study show that the prior financial performance is positively associated with CSR disclosure and the CSR disclosure has a significant and positive effect on the firm financial performance in the next year.

Resale Price Maintenance (RPM) is a contentious topic in economic policy. In effect, it allows manufacturers and suppliers to impose price fixing policies upon their distributors and retailers. While RPM was per se illegal as decided in Dr. Miles in 1911, various Supreme Court decisions afterwards weakened the ability of plaintiffs to hold companies liable for violating antitrust laws. As a result of the Leegin decision in 2007, Dr. Miles was overturned and RPM cases were to ruled to be found illegal on a rule of reason basis, further adding to the difficulty of the plaintiff's burden of proof. However, the economic analysis that the Supreme Court employed in reaching this decision failed to account for the full consequences and drawbacks under RPM, in addition to placing an undue emphasis on procompetitive assumptions supporting the use of RPM. Additionally, the Supreme Court may have overstepped its responsibilities and powers with respect to Congress. Nevertheless, the Leegin decision is not necessarily binding at the state level, whereas Congress still possesses the means to override the decision through subsequent legislation.

Droit des affaires et bonne gouvernance ! Existe-il un lien entre ces deux phénomènes ? L’étude esquissée a tenté d’apporter des réponses à cette question. Dans le contexte mauritanien, la thématique se voulait être un prétexte pour examiner les possibilités qu’offre le système juridique et politique en termes de bonne gouvernance pour l’instauration d’un cadre propice aux affaires. Partant de ce que le libéralisme économique est devenu irréversible, nous assistons à une mobilisation du droit au service de l’économie, d’où la place accordée au droit et à la pratique des affaires dans les systèmes juridiques. Toutefois, règles et institutions propres au droit des affaires s’insèrent dans un univers plus global de règles juridiques, de principes politiques et d’institutions à même de favoriser la pratique des affaires. C’est pourquoi l’étude suggère des réformes pour une synergie féconde entre bonne gouvernance et droit des affaires. A cet égard, la liberté d’entreprise, fondement du libéralisme économique, ne peut avoir un contenu concret que dans une approche pluridisciplinaire, transversale des enjeux liés au domaine des affaires. / Le résumé en anglais n'a pas été communiqué par l'auteur.

This thesis explores how an action research approach based on a critical systemic perspective can benefit the practice of mediators in dealing with issues of justice during mediation processes. First, methodological reflections on critical systems thinking are presented, and a new development is proposed based on the ethics of Levinas. Also, a new synergy of methods and tools is developed. This brings together boundary critique, action science, statistics, system dynamics, alternative dispute resolution games, and interviewing. A description is then provided of how the methodology was used at a Colombian mediation centre. Here, the staff members and the author began the transformation of their professional mediation practice by reflecting on alternative perspectives on how they currently deal, and might deal in the future, with issues of justice. A critique was developed of several basic assumptions that are deeply ingrained in the mediation literature of the English speaking countries of the western world - in particular, that disputants are primarily concerned with their own private interests, and that mediation should therefore be considered successful if these interests are satisfied. In the mediation centre studied, most disputants prioritised justice principles over personal gain. Additionally, a new way of organising the interpretations of mediation presented in the literature is developed that can help mediation practitioners to be more conscious of the assumptions informing their professional practice. Finally, drawing upon both a literature review and the action research results, reflections are provided on the relevance of the notion of justice to mediation practice.

M.Comm. / This study summarises certain of the more important legal issues of which the small business person should be aware and concentrates on three distinct areas, namely: The opening and registration of the business with specific reference to the business entities under which such business can be operated with the advantages or disadvantages of each of such entities; b) The daily operation of such business with specific reference to agreements which the small business person are likely to enter into; and c) The liquidation of the business with specific reference to the liquidation process, be that as a result of failure or as a harvesting mechanism where the business is sold. Each of the areas abovementioned are discussed in theory and with reference to either specific case law or examples of every day occurrences to indicate the seriousness of possible ignorance of the various issues discussed.

University of Macau / Faculty of Law

University of Macau / Faculty of Law

University of Macau / Faculty of Law

Thesis: Selected Business Aspects of Insolvency Proceedings The reason why I have decided for my thesis topic is that the connection between business law and insolvency law is a field which has not been studied comprehensively so far. However my opinion is that these law branches have a lot in common as we can see daily their intersection in many insolvency proceeding. Object of this thesis is to describe the main areas in which clashes insolvency law with business law and then define questions which issue from this clash and answer those on which the Insolvency Act and Business Code do not offer clear answers. As I mentioned the connection between insolvency and business law is not focused comprehensively by doctrine. Therefore I work particularly with decided cases and legal interpretation books as sources for my thesis. The text offers two points of views on this topic. The first is aimed to company (especially its statutory body) which becomes insolvent. The second is aimed to third parties who do business with an insolvent company. The first part of my thesis is engaged in short description of historical development of insolvency law in Czech. Then it is focused on explanation of basic insolvency terminology in context of business law. The second part of the thesis deals with duties of...