Thesis (M.B.A.)--Boston University

Les exigences les plus diverses pèsent sur les hommes ; d’ordre moral ou religieux, d’ordre social ou politique, d’ordre logique. Exigence en forme de devoir : à l’égard de la divinité, à l’égard de soi-même, à l’égard des autres. A l’évidence, ces obligations ne relèvent pas tout du domaine du droit. Si le juridique se rattache au normatif, tout ce qui est normatif ne se traduit pas en règle de droit. Le thème de l’étude : droit des obligations et droit musulman ne devrait pas être perçu sous une optique de parallélisme qui pourrait exister entre les deux : c’est-à-dire un droit musulman des obligations qui sera contraire au droit des obligations classiques issues des systèmes juridiques occidentaux, à l’exemple de la France. La problématique que soulève ce sujet de thèse est de savoir comment les pays qui se proclament de « droit musulman », tout en ayant une grande influence du modèle occidental pour une raison d’harmonisation, arrivent-ils à créer un droit mixte ? Par quelles voies, par quels moyens s’est opérée l’évolution du droit musulman ? / The most various demands weigh upon mankind: of a moral or religious, social or political order, of a logical order. Demand in the shape of duty: towards deity, towards oneself, towards others. These obligations obviously do not fall within the province of the law. If the judicial is related to the normative, everything normative is not translated into law. The theme of the study:”Law of obligations and Muslim law” should not be perceived from the perspective of a parallelism that might exist between the two: that is to say a Muslim law of obligations which will be contrary to the law of classical obligations deriving from western legal systems, like the French one. The problem raised by the subject of this thesis is to know how countries proclaiming themselves of “Muslim law”, while greatly influenced by a western model, manage to create a hybrid law? In what ways, by which means, has Muslim law evolved? To answer these questions, it is interesting, if not necessary, to seek on a practical as well as a utilitarian level for the technical means which allow to combine the requirements of the moral rule with the constraints of contractual relations in general, of international trade and of modern economy.

We seem to hold corporations to an impossible standard. We call for profit maximization, but at the same time want to place strict limits on the methods corporations may use to obtain them. In this thesis, I explore two popular theories of the corporation: stakeholder theory and shareholder theory. I examine the degree to which each theory explains the corporation as it exists today, as defined in the law and through its behavior, but also the theories‘ normative appeal. I conclude by positing what I find to be the best normative account of the corporation: a theory of how we should structure the corporation in the United States so it is the most morally-defensible.

The American Royalties Too (ART) Act of 2014 is the most recent attempt to create a resale royalty, or droit de suite, for visual artists in America. This would entitle visual artists to collect a royalty payment for sales of their work in the secondary market, specifically sales occurring at public auctions. The droit de suite was created in France in 1920, and is now part of the Berne Convention for the Protection of Literary and Artistic Works, which protects copyrights internationally. The purpose of this paper is to examine the history of droit de suite rights in the United States and abroad, and to analyze the currently proposed ART Act, its limitations, and its potential to create financial benefits for artists.

No abstract available. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2013.

The Small Businesses Loans Act was designed to increase the flow of funds for capital purposes from the banking system to small firms in the Canadian economy. This study examines the need for this legislation. The major sources of funds for small business are discussed and the question of the adequacy of these financing facilities is considered. This part of the study concludes that the 'MacMillan Gap' in Canada has been narrowed in the post-war period, but not yet closed. The study then examines the effectiveness of the Small Businesses Loans Act in bridging the remaining gap. The legislation, and the record of borrowing under the Act are reviewed. Particular attention is directed to the effects of monetary policy on the volume of lending under this Act. The study also includes an examination of the experience of a sample of borrowers, their characteristics, the purposes for which loans were obtained and banking practices with respect to this lending program. The conclusions of the study suggest that the Small Businesses Loans Act has fulfilled a useful role in improving the financial facilities available to small business despite a number of deficiencies in the legislation. It is also suggested however that the need for this legislation has largely been removed by recent amendments to the Bank Act. / Business, Sauder School of / Graduate

No description available.

No description available.

The North American Free Trade Agreement continues to be a controversial topic, and with the impending implementation of the Trans-Pacific Partnership trade agreement, NAFTA has been a heavily discussed issue during the 2016 presidential campaign. Past research has critically assessed the extent to which NAFTA delivered on promises made by its lobbyists to improve economic welfare and stimulate growth in the North American markets, via trade and investment. These studies explain that NAFTA has helped to boost intra-regional trade and investment flows in North America, but has fallen short on any substantial improvements in welfare and deeper regional economic integration. However, researchers have found evidence for convergence among North American equity markets, and argue that this is generated by NAFTA. Using time series data from 1990 to 2007, this study builds on these conclusions to examine how NAFTA impacted equity markets in the North American region. I look at returns to each major stock index for Mexico, the U.S. and Canada, and find evidence that returns on these indexes improve in the post-NAFTA period for Mexico and the U.S., but not for Canada. Additionally, there is evidence to suggest that exports and FDI are the primary drivers for this improvement in stock returns.

The ability of outsiders to gain controlling interest in a firm has a large impact on managerial behavior. This threat has not been wielded in Indian corporations for the most part in spite of there being no direct regulatory hurdles in the execution of the same. This paper seeks to determine the reasons behind the lack of hostile takeover bids in India, as well as analyze the effect on corporate governance. The scrutiny of the Indian corporate sphere leads us to believe that corporate governance is in the process of being codified, but there are numerous motivations already in place to incentivize good managerial behavior, other than the threat of hostile takeover bids.