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This dissertation considers the reforms made to the liability rules in Australia�s prospectus laws during the 1990s. It traces the rewrite of the fundraising provisions at the end of the 1980s as part of the new Corporations Law through to the rewrite of those provisions at the end of the 1990s as part of the CLERP Act initiative. As the law in this area is not particularly well served by detailed judicial or academic analysis in Australia, the dissertation seeks to define the scope of the Australian liability regime by reference to case law analysis, a review of relevant theoretical considerations and comparative analysis with other key jurisdictions. The thesis of the dissertation is that many of the reforms were, particularly initially, misconceived in key respects because of a failure to apply appropriate theoretical underpinnings and to take account of the lessons that could have been learned from a comparative analysis with other key jurisdictions.

"September 2003" / Bibliography: leaves 230-257. / ix, 257 leaves ; 30 cm. / Title page, contents and abstract only. The complete thesis in print form is available from the University Library. / Thesis (Ph.D.)--University of Adelaide, Dept. of Social Inquiry, 2003

Thesis (MCur. (Faculty of Health Sciences))--University of Pretoria, 2006. / Includes bibliographical references.

While in several jurisdictions corporate criminal liability is accepted, in Brazil the maxim still prevails that corporations cannot commit crimes. In common law countries the attribution of criminal liability to corporations was developed more than a century ago, and the concept of corporate criminal liability has been extensively discussed. This work is an attempt to look into the common law experience and to offer a plausible basis for the introduction of corporate criminal liability in Brazil. The research is essentially theoretical; it is mostly based on relevant literature from Britain, Canada and United States, three exponents of common law jurisdictions, and on relevant literature from Brazil.

Through an empirical comparison between U.S and Canadian copyright law, this paper examines how lawmakers in both countries should deal with copyright liability issues in the cloud while maintaining a proper balance between content owners and Internet intermediaries. This paper proposes to answer this question throughout the study of the liability of Internet intermediaries. Drawing on copyright statutory provisions, case law and scholars articles, this paper examines the issue of online piracy, defines cloud computing and identifies the copyright liability issues posed by the cloud. It then compares U.S and Canadian copyright laws and discusses the new reform proposed in both countries in relation with the liability of Internet intermediaries. It concludes that new statutory reform might not be necessary except for clarification purposes. Indeed current copyright laws deal efficiently with copyright liability issues in the cloud while maintaining a proper balance between content owners and Internet intermediaries.

While in several jurisdictions corporate criminal liability is accepted, in Brazil the maxim still prevails that corporations cannot commit crimes. In common law countries the attribution of criminal liability to corporations was developed more than a century ago, and the concept of corporate criminal liability has been extensively discussed. This work is an attempt to look into the common law experience and to offer a plausible basis for the introduction of corporate criminal liability in Brazil. The research is essentially theoretical; it is mostly based on relevant literature from Britain, Canada and United States, three exponents of common law jurisdictions, and on relevant literature from Brazil.

Drawing insights from liability of foreignness, the punctuated equilibrium model and the resource-based view, this dissertation develops an integrated model to identify the successful strategies and characteristics of both domestic and foreign firms operating in emerging markets, affected by regulatory punctuations. Accordingly, three research questions are addressed: Why are some foreign firms more likely to survive than other foreign firms? Why are some domestic firms more likely to survive than other domestic firms? Are there any similarities between successful foreign firms and successful domestic firms? Using event-history methodologies and the Mexican banking industry as the unit of analysis, this dissertation shows the following results: Foreign firms (banks) from countries with stronger commercial ties to Mexico (the focal emerging market), were less likely to exit the banking industry. Also, the likelihood of exiting the industry, by a foreign firm, was negatively related to domestic firm (bank) acquisitions. For the domestic firms (banks), there was a positive relationship between international diversification and firm survival and a negative relationship between aggressive (loan) growth and firm survival. Also, marginal support was found about the positive relationship between “grupo” affiliation and firm survival. This research contributes to the extant literature by extending current theories when considering the effect of radical change. For instance, while punctuated equilibrium provides a good “environmental” explanation about a firm’s need to adapt to radical change, it does not suggest how firms should adapt to this change. However, by providing an explanation on how firms suppose to adapt to this radical change, this dissertation had expanded the theoretical implication of the punctuated equilibrium model. Similarly, the present dissertation provides a theoretical extension to liability of foreignness by finding that not all foreign firms face the same liability of foreignness. Lastly, the resource-based view is also extended by this dissertation research, as it is found to have implications for emerging markets firms that are different from foreign developed market firms.

Univ., Diss.--Utrecht.

Zugl.: Diss.