This thesis seeks to contribute to solving the debate about the framework of rules and institutions applicable to public utility sectors, by adopting both economic theories, such as natural monopoly, network effects, and public goods, and practical analysis of the telecommunications sectors for both Australia and the United States. Governments must reevaluate the framework regulating public utility sectors whenever rapid technological advancements occur. This thesis argues that the antitrust authority better enforces competition rules, and that the sector-specific authority better enforces technical and universal service rules. The justification of the special competition rule concerning bottleneck facilities access should be limited. As for the universal service scheme, the enforcer should ensure competitive neutrality and adopt pro-competitive instruments. This framework would allow for a more market-oriented and economy-wide regulatory administration, as well as enforcement of the universal service scheme based on a more accurate reflection of the fundamental values of citizens.

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 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

This thesis discusses the history of the closed shop as a form of union security and the changes that arose with the passage of the Taft-Hartley Law in 1947 which declared the closed shop illegal and morally reprehensible.

Historical studies of Theodore Roosevelt's views about labor and labor unions are in conflict. This was also true of contemporary disagreements about the meaning of his labor rhetoric and actions. The uncertainties revolve around whether or not he was sincere in his support of working people and labor unions, whether his words and actions were political only or were based on a philosophical foundation, and why he did not propose comprehensive labor policies. Roosevelt historiography has addressed these questions without considering his stated admiration for Octave Thanet's writings about "labor problems." Octave Thanet was the pseudonym of Alice French, a popular fiction writer during Roosevelt's adult years. Roosevelt on several occasions praised her knowledge of factory conditions and discussions of labor problems, and he invited her to the White House. The thesis analyzes her labor stories, Roosevelt's comments about her labor writings, and their relevance to how he responded to the growth and tactics of organized labor. It also addresses the influence on Roosevelt of contemporary writing on labor unions by John Hay, Henry George, and Herbert Croly, as well as his relationship with labor leader Samuel Gompers. The thesis concludes that Roosevelt was sincere about improving the social and industrial conditions of workers, primarily through government action. It further concludes that his support of labor unions in principle was genuine, but was contingent on organized labor's repudiation of violence and attempts to justify violence; and that he opposed union boycotts and mandatory union membership as inimical to his vision of a classless society. The thesis additionally considers the extent to which Roosevelt's views were embodied in national labor legislation after his death.

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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No description available.