Daniel Butt develops an account of corrective responsibilities borne by beneficiaries of injustice. He defends the consistency model. I criticize the vagueness in this model and present two interpretations of benefit from injustice (BFI) responsibilities: obligation and natural duty. The obligation model falls prey to the involuntariness objection. I defend a natural duties model, discussing how natural duties can be circumstantially perfected into directed duties and showing how the natural duties model avoids the involuntariness objection. I also address objections from structural injustice and demandingness.

Thesis advisor: Karen D. Arnold / The purpose of this research was to identify the primary duties and responsibilities of mission officers in Catholic higher education and develop an accompanying set of core competencies for professional development purposes. Mission officers first appeared in Catholic colleges and universities in the 1980s, in response to declining numbers of priests and religious on campuses, increased secularization of the academe, and reduced course requirements in the liberal arts, particularly philosophy and theology. These changes as well as others within higher education, American society, and the Catholic Church raised concerns about the distinctive Catholic identity and mission of Catholic colleges and universities. Although 80% of Catholic colleges and universities have appointed a mission officer to galvanize campus-wide efforts to strengthen the religious character of these institutions (Gilroy, Sloma-Williams, & Galligan-Stierle, 2014), as of yet there are no established educational qualifications, professional norms, or set of competencies to guide the professional practice and development of current and future mission officers. Thirty-seven experienced mission officers participated in four rounds of data collection using a modified Delphi research method. Seventy-four percent of the 27 duties and over eighty percent of the 32 competencies identified, refined, and prioritized in this study reached consensus as critically important or very important by more than three-quarters of the study participants. The study findings indicate that mission officers interact on a regular basis with many groups and individuals at both senior and lower levels within the institution. Many mission officer duties involve efforts to galvanize the campus community, particularly faculty and student affairs professionals, in order to integrate the mission across the institution. Effective mission leadership requires both a top-down and bottom-up approach to mission integration along with leadership skills, knowledge of the Catholic intellectual tradition, collaboration and communication skills, and a demonstrated commitment to the Catholic identity and mission of the university. / Thesis (PhD) — Boston College, 2014. / Submitted to: Boston College. Lynch School of Education. / Discipline: Educational Leadership and Higher Education.

This thesis evaluates the arguments for replacing antidumping laws with competition laws or, alternatively, for recasting antidumping laws in the pattern of competition laws. / The work discusses the objectives and criteria used in antidumping and antitrust cases. It highlights the harmful and chilling effects of antidumping sanctions. It is a study of whether antidumping laws should be replaced by either supra national (Competition laws) or harmonised domestic antitrust regimes, which penalise international predatory pricing without at the same time penalising non-predatory international price discrimination. / It is suggested that progressive reforms of antidumping rules should become an agenda item of all future WTO Rounds and should focus on reconciling antidumping rules with antitrust treatment of predatory pricing practices. / The progressive inclusion of antitrust criteria into WTO antidumping laws should be made a condition for progress in future WTO negotiations.

As a result of the Supreme Court’s broad definition for ‘best interests of the corporation’ in recent decisions, the author examines to whom managers ought to owe their fiduciary duties normatively and what role managerial discretion has in this debate. The author argues that the lack of clarity offered by the judiciary, in this area of corporate law, has led to the adoption of a wide discretion being afforded to managers. An examination of several rationales fails to justify this continued adoption of a broad discretion. The author argues that granting managers with wide discretionary powers is problematic because the interests of constituencies will not be adequately protected. At the very least, statutory reform is necessary to protect the most vulnerable stakeholders. The author recommends that the law be amended to require that managers, in performing their fiduciary duties, regard the interests of employees and shareholders.

As a result of the Supreme Court’s broad definition for ‘best interests of the corporation’ in recent decisions, the author examines to whom managers ought to owe their fiduciary duties normatively and what role managerial discretion has in this debate. The author argues that the lack of clarity offered by the judiciary, in this area of corporate law, has led to the adoption of a wide discretion being afforded to managers. An examination of several rationales fails to justify this continued adoption of a broad discretion. The author argues that granting managers with wide discretionary powers is problematic because the interests of constituencies will not be adequately protected. At the very least, statutory reform is necessary to protect the most vulnerable stakeholders. The author recommends that the law be amended to require that managers, in performing their fiduciary duties, regard the interests of employees and shareholders.

Thesis (Ph. D.)--West Virginia University, 2002. / Title from document title page. Document formatted into pages; contains viii, 105 p. : ill. Includes abstract. Includes bibliographical references (p. 97-105).

Thesis (master's)--Thammasat University, May, 2005. / "A thesis submitted in partial fulfillment of the requirements for the degree of Master of Economics (English Language Program), Faculty of Economics, Thammasat University, Bangkok, Thailand." Includes bibliographical references (leaves 124-125).

abstract: I examine the determinants and implications of the level of director monitoring. I use the distance between directors' domiciles and firm headquarters as a proxy for the level of monitoring and the introduction of a new airline route between director domicile and firm HQ as an exogenous shock to the level of monitoring. I find a strong relation between distance and both board meeting attendance and director membership on strategic versus monitoring committees. Increased monitoring, as measured by a reduction in effective distance, by way of addition of a direct flight, is associated with a 3% reduction in firm value. A reduction in effective distance is also associated with less risk-taking, lower stock return volatility, lower accounting return volatility, lower R&D; spending, fewer acquisitions, and fewer patents. / Dissertation/Thesis / Ph.D. Business Administration 2014

LL.M. (Civil Procedural Law) / In this dissertation various topics regarding inchoate documents will be analysed and discussed. A brief historical background will set the scene, showing the development of bills of exchange in various countries around the world. Although the origins of the earliest bills of exchange can be traced back to Arabic traders in the eighth century, the development of the bill of exchange is generally traced back to the lex mercatoria, i~ the rules which were adopted by medieval traders, especially the Lombards in Italy, to conduct their business. As the lex mercatoria was absorbed into various countries, differences developed. It is clear that the English Bills of Exchange Act 1882 had a marked influence on the law relating to negotiable instruments in most Commonwealth countries and the United States of America. In the second chapter the distinction between the common law and statute law will be analysed. The recent Appellate Division judgment in the case of Thompson v Voges 1988 (I) SA 747 (A) will be discussed. In that case Acting Chief Justice Rabie held that an automatic estoppel could not operate against the signatory of an inchoate document who had signed a document and had handed it to another with the intention that it be issued and used as a negotiable instrument. A detailed analysis of Thompson's case, and the cases referred to by the learned Acting Chief Justice in the course of his judgment, will show that the conclusion reached by him can only be applied to holders who qualify as mere holders, and not to holders in due course. It is submitted, with the greatest respect, that an automatic estoppel will still operate in favour of a holder in due course...

Creditors of the corporate business form are in a vulnerable position. Recognition of the plight of corporate creditors led to the implementation of various legal measures aimed at protecting their financial interest in the company. These measures proved disappointingly inadequate in many instances. As a result the judiciary in some jurisdictions felt compelled to develop existing legal principles pertaining to directors’ duties in such a way that they could be used to facilitate protection of corporate creditors’ interests. This development did not meet with universal approval. Those opposed to the extension of directors’ duties to protect creditors’ interests have three main arguments against it. The first is related to conceptual issues and policy concerns. The second argument is that existing remedies are more than adequate to protect creditors’ interests. A last argument against a directorial duty to creditors pertains to the practical implementation of this extended duty. It is argued that the existing legal framework with regard to directors’ duties is not suitable to provide protection for creditors’ interests. However, it was shown in this study that the extension of directors’ duties to protect creditors’ interests is indeed justifiable on a sound conceptual basis and that policy concerns regarding such an extension are either unfounded, or should be addressed in some other way. An analysis of existing protective measures and remedies often referred to by opponents of an extension of directors’ duties, namely statutory personal liability of directors, traditional insolvency remedies, and the piercing of the veil doctrine furthermore showed that these measures are inadequate. This leads to the conclusion that there is a definite need for an alternative remedy, such as the extension of directors’ duties to include creditors’ interests. The existing legal framework in respect of directors’ duties furthermore proved to be capable of being successfully adapted to include creditors’ interests. Central issues in this respect, as was indicated by an analysis of case law, are the point in time when the duty to creditors is triggered, the beneficiary of the duty, in other words who would have locus standi in case of a breach of the duty, and the type of protection afforded to creditors’ interests by way of fiduciary duties and the duty of care and skill. The existing legal framework also provides measures in terms of which honest and diligent directors may be relieved from liability, such as indemnification, relief granted by the courts and director liability insurance. These measures, if formulated correctly, may achieve and maintain the essential balance between accountability and entrepreneurial freedom. The legislature appears to have adopted a cautious approach to the issue of directors’ duties to creditors. It thus seems to be up to the judiciary to develop directors’ duties to creditors in a meaningful way. Pioneering in this respect has already been done in Australia, New Zealand, England, Canada and the United States of America. It is to be hoped that the South African judiciary will follow suit when the opportunity to do so arises. / Thesis (LLD (Mercantile Law))--University of Pretoria, 2007. / Mercantile Law / unrestricted