The purpose of this study was to analyze the developing organizational and management paradigms in the aluminum packaging and container industry, where reverse channels of distribution offer an excellent vehicle for studying organizations which are "closing the distribution circle." Based on the analysis, several conclusions are offered. 1. The extent to which primary manufacturers have entered aluminum packaging and container recycling and subsequently developed effective reverse channels of distribution is contingent upon needs for resources. 2. The most successful recycling programs are those which have decentralized organizations. 3. Central to beverage producers' decisions to develop extensive reverse channels of distribution is the belief that recycling is (1) a deterrent to container legislation, (2) a source of favorable publicity, (3) a source of company profits, and (4) can improve supply relationships with primary aluminum suppliers. 4. Regional beverage companies in the environmentally conscious Far West have the most successful and comprehensive recycling operations. 5. Loose organizational federations such as those of the soft drink franchise do not seem amenable to the development of reverse channels of distribution. 6. Where i t serves the needs of the enterprise, firms are developing sophisticated and efficient reverse channels of distribution. The institution of reverse channel intermediary functions reflects a new management and organizational paradigm based on environmental considerations. 7. A major stumbling block to further reverse channel development is the uncertainty caused by proposed container legislation.

This thesis deals with the diplomatic and consular privileges and immunities - first theoretically and then with the application by the International Court of Justice in the "Case concerning diplomatic and consular stuff in Tehran." The thesis emphasises the importance of an observation of these privileges and immunities by the international community and its relevance within the public international law. The thesis is divided into the introduction, 5 main chapters and the conclusion. First chapter is focused on the diplomatic and consular privileges and immunities in general. It deals with basic concepts as well as with a list of diplomatic and consular privileges. The Part about immunities according to Vienna convention on Diplomatic and Consular relations is included here too. This chapter also focuses on obligations of the diplomatic and consular stuff in relation to the receiving state. Second chapter states obligations of the receiving state in relation to the diplomatic mission, consular post and their stuff and also certain rights that the receiving state is authorized to demand. Third chapter is divided into 2 main parts - a historical one, which describes modern history of Iran since the beginning of 20th century and focuses on the development of Iran - USA relations. Second part of the...

This thesis appears to be the first academic recognition of the public trust doctrine at Canadian common law. Surprisingly, despite the explosion of the doctrine in the United States, there has been little consideration of the doctrine by Canadian courts and only one Canadian article on the subject. To date, Canadian interest in the doctrine has been primarily statutory. In essence, the public trust doctrine means that despite its ownership of natural resources, the government holds certain resources, such as navigable waters, on trust or in a fiduciary capacity for the public. The origins of the doctrine are somewhat vague, but can be traced back to Roman law and the English public rights of navigation and fishing. A review of these public rights reveals that at both law and economics, certain resources are "special" and inherently public in nature. A long and dusty trail through Canadian law reports reveals that Canadian courts have recognized a public trust with respect to navigation and fishing as well as highways. Although the public trust concerning navigation and fishing has lain dormant since the late nineteenth century, the distinctive features of the public rights of navigation and fishing which led both American and Canadian courts to declare a public trust, have been mirrored in Canadian law. Coupled with the initial Canadian recognition of the public trust, the foundations therefore exist for a modern common law revival of the public trust doctrine in Canada. The likely consequences of recognition of the public trust at Canadian common law are : (1) the recognition of a substantive right, and therefore legal standing, in members of the public to vindicate public trust interests; (2) the imposition of an affirmative fiduciary obligation on government with respect to trust resources; (3) the imposition of an administrative process on government with respect to supervision and disposition of public trust resources; (4) restrictions on alienation of trust resources, in particular the restriction that legislation is required to modify or extinguish public trust resources and, (5) in an environmental context, recognition of the importance of the natural environment and the special and inter-related nature of trust resources. / Law, Peter A. Allard School of / Graduate

There has been considerable interest in finding and explaining the basic elements that can drive product quality up. In the literature this is largely done by modelling the effects of investing in learning and process improvement, and of cost reduction. In the first essay, demand is modelled as a function of price and quality. With this demand function, the firm should produce output of higher quality, the increase in quality being dependent on consumers’ sensitivity to quality and to price, and the effect of technological improvement on product price and quality are very different from those when the demand is a function of price alone. Some twenty states in the U.S. have passed recycling laws which mandate consumption of old newspaper by the newsprint industry. To study the effect of regulation, a model is used in which two firms compete under the regulatory constraint—one firm producing the recycled product, the other the virgin product. Assuming the regulatory constraint is binding, and the demand for the recycled product is derived solely from the legislation, interesting results such as the two firms share equal profits, and consumers pay higher average price in competitive equilibrium than the cartel price, are obtained in the second essay. The two firm model is generalized to include n firms which compete under the same kind of regulatory constraint in the third essay. Results similar to the two firm case are obtained. When the recycled product and the virgin product are partially substitutable, regulation that mandates consumption of the recycled product results in infinitely many equilibria. A dominating equilibrium exists if the demand parameters satisfy a certain condition, otherwise it is not clear how to select an equilibrium. On the other hand, a suitable tax on the virgin product, or its producer, serves to induce compliance with the recycling policy and equilibrium selection. The equilibrium prices and profits of the two firms under the schemes of production tax, excessive consumption tax and progressive profit tax are examined and compared in the fourth essay. It is interesting to find that the tax rate for excessive consumption is comparatively low and, in equilibrium, this tax scheme collects no tax payment. / Business, Sauder School of / Graduate

Purpose. Although performance appraisal is an important factor in the successful operation of organizations, it is often a difficult and threatening task. Traditional approaches to evaluation have proved to be neither effective nor in legal compliance. This problem affects postsecondary institutions, where customary subjective appraisal contributes to undesirable employment discrimination. This study provides postsecondary administrators with an effective and legally defensible model of performance appraisal. Research addressed these questions: (1) What does statutory law mandate in appraisal? (2) What issues, patterns, and decisions concerning appraisal have been identified through the judicial process, and what degree of consistency has been shown in decisions? (3) What standards are suggested by performance appraisal law and practices? (4) What should constitute an appraisal program for postsecondary education that synthesizes appraisal practices and emerging legal standards? Federal statutes and court records governing employment practices were examined to identify data. Data were analyzed according to principles of grounded theory development proposed by Glaser and Strauss, and complemented by legal research methodologies recommended by Alton. Appraisal law was summarized, followed by review of current practices identified in appraisal literature. A performance appraisal model for postsecondary education synthesizing legal standards and current practices was presented. Although statutes governing appraisal apply to all employers, the courts demand less stringent compliance by postsecondary institutions. The judiciary acknowledges prejudice in employment decisions in academia, but implores educators to regulate their own behavior to preserve academic freedom. In non-academic employment, periodic appraisals should be based on written, objective standards known to employees, that are valid, reliable, and fair; and administered and scored under standardized conditions by trained evaluators. Records must be confidential. The courts do not require strict compliance by postsecondary institutions; they urge, but do not mandate, that academic employees be treated without bias. Guidelines are needed to define a non-discriminatory evaluation process for postsecondary employees. This research model presents a first step toward this goal.

The overall purpose of this study was to evaluate the current status of the Sherman Act's application to the professions, with emphasis on the accounting profession. This was further stated as two purposes. 1. The primary purpose was to interpret the historical development and current status of the most important defenses used in the courts by the professions and professionals against alleged violations of the Sherman Act. 2. The second purpose was to evaluate the relative importance of variables, including the defenses used, that have affected the outcomes of court cases involving alleged violations of the Sherman Act.

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This study recounts the events surrounding the Federal Radio Commision's (FRC) 1931 decision to remove radio station KGEF. Robert Shuler, minister of Los Angeles' Trinity Methodist Church, South, used KGEF to attack city officials and organizations whom he felt were corrupt. Chapters explore Shuler's background and acquisition of KGEF, his use of KGEF, and FRC and Court hearings and appeals. The study concludes that the action against Shuler, resulting in deletion of KGEF, may have resulted from political pressures. In spite of the "landmark" status of the Shuler case, his First Amendment rights may have been violated.