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Shaping the Bar: The Future of Attorney Licensing

by Joan Howarth

The comprehensive source on attorney licensing and how to reform it. In Shaping the Bar, Joan Howarth describes how the twin gatekeepers of the legal profession—law schools and licensers—are failing the public. Attorney licensing should be laser-focused on readiness to practice law with the minimum competence of a new attorney. According to Howarth, requirements today are both too difficult and too easy. Amid the crisis in unmet legal services, record numbers of law school graduates—disproportionately people of color—are failing bar exams that are not meaningful tests of competence to practice. At the same time, after seven years of higher education, hundreds of thousands of dollars of law school debt, two months of cramming legal rules, and success on a bar exam, a candidate can be licensed to practice law without ever having been in a law office or even seen a lawyer with a client. Howarth makes the case that the licensing rituals familiar to generations of lawyers—unfocused law degrees and obsolete bar exams—are protecting members of the profession more than the public. Beyond explaining the failures of the current system, this book presents the latest research on competent lawyering and examples of better approaches. This book presents the path forward by means of licensing changes to protect the public while building an inclusive, diverse, competent, ethical profession. Thoughtful and engaging, Shaping the Bar is both an authoritative account of attorney licensing and a pragmatic handbook for overdue equitable reform of a powerful profession.

Shaping the Corporate Landscape: Towards Corporate Reform and Enterprise Diversity

by Nina Boeger Charlotte Villiers

Currently, there exists a distrust of corporate activity in the continuing aftermath of the financial crisis and with increasing recognition of the threats of climate change and global, as well as national, inequalities. Despite efforts in the arena of corporate governance to address these, we are still beset with corporate scandals and witness companies facing large fines for their environmental and cost-cutting misdemeanours. Recognising that the usual responses to dealing with these corporate problems are not effective, this book asks whether the traditional form of the joint stock corporation itself lies at the heart of these problems. What are the features of the corporate form and how does its current regulation underscore these problems? Identifying such features provides a basis for the discussion to develop towards suggesting more progressive regulatory developments around the corporate form.More fundamentally, this book investigates a diverse range of corporate governance models that are emerging as alternatives to the shareholder corporation, including employee-owned, cooperative and social enterprises. The contributors are leading scholars from various backgrounds including law, management and organisation studies, finance and accounting, as well as experienced professionals and policy makers with expertise in social and cooperative business models and the role of employees in the corporation.

Shaping the Corporate Landscape: Towards Corporate Reform and Enterprise Diversity

by Nina Boeger Charlotte Villiers

Currently, there exists a distrust of corporate activity in the continuing aftermath of the financial crisis and with increasing recognition of the threats of climate change and global, as well as national, inequalities. Despite efforts in the arena of corporate governance to address these, we are still beset with corporate scandals and witness companies facing large fines for their environmental and cost-cutting misdemeanours. Recognising that the usual responses to dealing with these corporate problems are not effective, this book asks whether the traditional form of the joint stock corporation itself lies at the heart of these problems. What are the features of the corporate form and how does its current regulation underscore these problems? Identifying such features provides a basis for the discussion to develop towards suggesting more progressive regulatory developments around the corporate form.More fundamentally, this book investigates a diverse range of corporate governance models that are emerging as alternatives to the shareholder corporation, including employee-owned, cooperative and social enterprises. The contributors are leading scholars from various backgrounds including law, management and organisation studies, finance and accounting, as well as experienced professionals and policy makers with expertise in social and cooperative business models and the role of employees in the corporation.

Shaping the Eighteenth Amendment: Temperance Reform, Legal Culture, and the Polity, 1880-1920 (Studies in Legal History)

by Richard F. Hamm

Richard Hamm examines prohibitionists' struggle for reform from the late nineteenth century to their great victory in securing passage of the Eighteenth Amendment. Because the prohibition movement was a quintessential reform effort, Hamm uses it as a case study to advance a general theory about the interaction between reformers and the state during the Gilded Age and Progressive Era. Most scholarship on prohibition focuses on its social context, but Hamm explores how the regulation of commerce and the federal tax structure molded the drys' crusade. Federalism gave the drys a restricted setting--individual states--as a proving ground for their proposals. But federal policies precipitated a series of crises in the states that the drys strove to overcome. According to Hamm, interaction with the federal government system helped to reshape prohibitionists' legal culture--that is, their ideas about what law was and how it could be used.Originally published in 1995.A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.

Shaping the Future of the Fourth Industrial Revolution: A guide to building a better world

by Klaus Schwab Nicholas Davis

The Fourth Industrial Revolution is changing everything - from the way we relate to each other, to the work we do, the way our economies work, and what it means to be human. We cannot let the brave new world that technology is currently creating simply emerge. All of us need to help shape the future we want to live in. But what do we need to know and do to achieve this? In Shaping the Fourth Industrial Revolution, Klaus Schwab explores how people from all backgrounds and sectors can influence the way that technology transforms our world. Drawing on contributions by more than 200 of the world's leading technology, economic and sociological experts to present a practical guide for citizens, business leaders, social influencers and policy-makers this book outlines the most important dynamics of the technology revolution, highlights important stakeholders that are often overlooked in our discussion of the latest scientific breakthroughs, and explores 12 different technology areas central to the future of humanity.Emerging technologies are not predetermined forces out of our control, nor are they simple tools with known impacts and consequences. The exciting capabilities provided by artificial intelligence, distributed ledger systems and cryptocurrencies, advanced materials and biotechnologies are already transforming society. The actions we take today - and those we don't - will quickly become embedded in ever-more powerful technologies that surround us and will, very soon, become an integral part of us. By connecting the dots across a range of often-misunderstood technologies, and by exploring the practical steps that individuals, businesses and governments can take, Shaping the Fourth Industrial Revolution helps equip readers to shape a truly desirable future at a time of great uncertainty and change.

Shaping the Future of Work: A Handbook for Action and a New Social Contract (Giving Voice to Values)

by Thomas A. Kochan Lee Dyer

This book provides a clear roadmap for the roles workers and leaders in business, labor, education, and government must play in building a new social contract for all to prosper. It is a call to action for a collaborative effort to develop both high-quality jobs and strong, successful businesses while simultaneously overcoming the deep social and economic divisions that are all too apparent in society today. Written by two leading and trusted experts in the field of employment and work from MIT and Cornell University, this book is a practical, action-oriented guide. Readers will feel empowered to take actions needed to shape a better future of work for themselves, their employees, their co-workers, and others they may represent. It emphasizes the need to fix America's broken social contract and reimagine a new one. The most important message of this book is that we have the ability to shape the work of the future by harnessing the power of new technologies. The book is essential reading for business executives, labor leaders and workforce advocates, government policy makers, politicians, and anyone who is interested in using emerging knowledge and technologies to drive innovation, creating high-quality jobs, and shaping a more broadly shared prosperity.

Shaping the Future of Work: A Handbook for Action and a New Social Contract (Giving Voice to Values)

by Thomas A. Kochan Lee Dyer

This book provides a clear roadmap for the roles workers and leaders in business, labor, education, and government must play in building a new social contract for all to prosper. It is a call to action for a collaborative effort to develop both high-quality jobs and strong, successful businesses while simultaneously overcoming the deep social and economic divisions that are all too apparent in society today. Written by two leading and trusted experts in the field of employment and work from MIT and Cornell University, this book is a practical, action-oriented guide. Readers will feel empowered to take actions needed to shape a better future of work for themselves, their employees, their co-workers, and others they may represent. It emphasizes the need to fix America's broken social contract and reimagine a new one. The most important message of this book is that we have the ability to shape the work of the future by harnessing the power of new technologies. The book is essential reading for business executives, labor leaders and workforce advocates, government policy makers, politicians, and anyone who is interested in using emerging knowledge and technologies to drive innovation, creating high-quality jobs, and shaping a more broadly shared prosperity.

Shaping the Global Leader: Fundamentals in Culture and Behavior for Optimal Organizational Performance

by Henry Biggs Tom Bussen Lenny Ramsey

Considering behavioral norms in their cultural contexts, this book arrives at a fully operational international leadership theory – and makes it accessible to academic and professional readers alike. Shaping the Global Leader fundamentally covers eight cultural dimensions gleaned from acclaimed international leadership scholars such as Geert Hofstede and the GLOBE study authors. Each cultural dimension is followed by interviews of renowned organizational leaders who relate their experiences in that area and each section underscores strategies for moving forward. The authors highlight critical lessons from classic behavioral psychology experiments and apply these findings to the international organizational context. This book serves as an eminently readable and enlightening handbook for those working, leading or studying interculturally. Both students and professionals in international leadership or business will be provided with clear and actionable organizational insights for an increasingly complex global landscape.

Shaping the Global Leader: Fundamentals in Culture and Behavior for Optimal Organizational Performance

by Henry Biggs Tom Bussen Lenny Ramsey

Considering behavioral norms in their cultural contexts, this book arrives at a fully operational international leadership theory – and makes it accessible to academic and professional readers alike. Shaping the Global Leader fundamentally covers eight cultural dimensions gleaned from acclaimed international leadership scholars such as Geert Hofstede and the GLOBE study authors. Each cultural dimension is followed by interviews of renowned organizational leaders who relate their experiences in that area and each section underscores strategies for moving forward. The authors highlight critical lessons from classic behavioral psychology experiments and apply these findings to the international organizational context. This book serves as an eminently readable and enlightening handbook for those working, leading or studying interculturally. Both students and professionals in international leadership or business will be provided with clear and actionable organizational insights for an increasingly complex global landscape.

Shaping the Law of Obligations: Essays in Honour of Professor Ewan McKendrick KC

by Edwin Peel Rebecca Probert

Ewan McKendrick has been an instrumental figure in shaping the law of obligations, both as a practitioner and as a professor at the University of Oxford and University College London. On the occasion of his retirement from the Oxford Law Faculty, this volume presents a collection of essays in his honour. The contributions pay tribute to and reflect the breadth of Ewan McKendrick's scholarship and published work. Many are comparative in nature, reflecting a key element of his work. The volume is divided into four parts: contract, tort, unjust enrichment, and commercial law, with each of the 23 essays discussing a particular complex question or idea in its area. Topics include duress, good faith, frustration, the illegality defence, contractual interpretation, the basis for different forms of damages, the role of contracts in family life, corporate liability, the Marex tort, receivables financing, the regulation of international commercial contracts, the sale of goods, the development of transnational commercial law, mistakes of law, and implied terms. All 25 of the contributors have either been taught by, or worked closely with Ewan McKendrick (or, in some cases, both); and are all leading academics and/or practitioners, including two current members of the United Kingdom Supreme Court and a Justice of the High Court of Australia.

Shaping the Law of Obligations: Essays in Honour of Professor Ewan McKendrick KC

by Edwin Peel Rebecca Probert

Ewan McKendrick has been an instrumental figure in shaping the law of obligations, both as a practitioner and as a professor at the University of Oxford and University College London. On the occasion of his retirement from the Oxford Law Faculty, this volume presents a collection of essays in his honour. The contributions pay tribute to and reflect the breadth of Ewan McKendrick's scholarship and published work. Many are comparative in nature, reflecting a key element of his work. The volume is divided into four parts: contract, tort, unjust enrichment, and commercial law, with each of the 23 essays discussing a particular complex question or idea in its area. Topics include duress, good faith, frustration, the illegality defence, contractual interpretation, the basis for different forms of damages, the role of contracts in family life, corporate liability, the Marex tort, receivables financing, the regulation of international commercial contracts, the sale of goods, the development of transnational commercial law, mistakes of law, and implied terms. All 25 of the contributors have either been taught by, or worked closely with Ewan McKendrick (or, in some cases, both); and are all leading academics and/or practitioners, including two current members of the United Kingdom Supreme Court and a Justice of the High Court of Australia.

Shaping the Single European Market in the Field of Foreign Direct Investment (Modern Studies in European Law)

by Philip Strik

The Treaty of Lisbon (2009) has brought foreign direct investment (FDI) within the scope of the European Union's common commercial policy (CCP). In light of this development, this book analyses the internal and external dimension of EU law and policy in the field of FDI. It takes four perspectives: (i) the operation of the internal market mechanism to direct investment; (ii) the implications of the Lisbon amendments to the CCP under Article 207 TFEU for the Union's competence and practice in the field of FDI; (iii) the interaction between EU law and Member States' bilateral investment treaties (BITs) with third countries; (iv) the interplay between EU law and BITs that are currently in force between two Member States (intra-EU BITs). The book focuses on the extent to which the European Union operates as a Single Market for EU and non-EU investors. In doing so, it analyses the EU and international regulatory framework on the admission, treatment and protection of FDI within, to and from the Single European Market. It uses close jurisprudential analysis and examines the context, purpose and evolution of EU legal integration in the field of FDI. It thereby traces the principles underlying the European international economic order in the field of FDI.

Shaping the Single European Market in the Field of Foreign Direct Investment (Modern Studies in European Law #44)

by Philip Strik

The Treaty of Lisbon (2009) has brought foreign direct investment (FDI) within the scope of the European Union's common commercial policy (CCP). In light of this development, this book analyses the internal and external dimension of EU law and policy in the field of FDI. It takes four perspectives: (i) the operation of the internal market mechanism to direct investment; (ii) the implications of the Lisbon amendments to the CCP under Article 207 TFEU for the Union's competence and practice in the field of FDI; (iii) the interaction between EU law and Member States' bilateral investment treaties (BITs) with third countries; (iv) the interplay between EU law and BITs that are currently in force between two Member States (intra-EU BITs). The book focuses on the extent to which the European Union operates as a Single Market for EU and non-EU investors. In doing so, it analyses the EU and international regulatory framework on the admission, treatment and protection of FDI within, to and from the Single European Market. It uses close jurisprudential analysis and examines the context, purpose and evolution of EU legal integration in the field of FDI. It thereby traces the principles underlying the European international economic order in the field of FDI.

Shaping US Military Law: Governing a Constitutional Military

by Joshua E. Kastenberg

Since the United States’ entry into World War II, the federal judiciary has taken a prominent role in the shaping of the nation’s military laws. Yet, a majority of the academic legal community studying the relationship between the Court and the military establishment argues otherwise providing the basis for a further argument that the legal construct of the military establishment is constitutionally questionable. Centering on the Cold War era from 1968 onward, this book weaves judicial biography and a historic methodology based on primary source materials into its analysis and reviews several military law judicial decisions ignored by other studies. This book is not designed only for legal scholars. Its intended audience consists of Cold War, military, and political historians, as well as political scientists, and, military and national security policy makers. Although the book’s conclusions are likely to be favored by the military establishment, the purpose of this book is to accurately analyze the intersection of the later twentieth century’s American military, political, social, and cultural history and the operation of the nation’s armed forces from a judicial vantage.

Shaping US Military Law: Governing a Constitutional Military

by Joshua E. Kastenberg

Since the United States’ entry into World War II, the federal judiciary has taken a prominent role in the shaping of the nation’s military laws. Yet, a majority of the academic legal community studying the relationship between the Court and the military establishment argues otherwise providing the basis for a further argument that the legal construct of the military establishment is constitutionally questionable. Centering on the Cold War era from 1968 onward, this book weaves judicial biography and a historic methodology based on primary source materials into its analysis and reviews several military law judicial decisions ignored by other studies. This book is not designed only for legal scholars. Its intended audience consists of Cold War, military, and political historians, as well as political scientists, and, military and national security policy makers. Although the book’s conclusions are likely to be favored by the military establishment, the purpose of this book is to accurately analyze the intersection of the later twentieth century’s American military, political, social, and cultural history and the operation of the nation’s armed forces from a judicial vantage.

Shaping World History

by Mary Kilbourne Matossian

This innovative survey of world history from earliest times to the present focuses on the role of four factors in the development of humankind: climate, communication and transportation technology, scientific advances, and the competence of political elites. Matossian moves chronologically through fifteen historic periods showing how one or more of the causative factors led to significant breakthroughs in human history. Shaping World History is based on original research and also draws widely from the literature on the history of science, technology, climate, agriculture, and historical epidemiology. This compelling analysis is presented in a personal style and includes reflections on how things work and why they are important.

Shaping World History: Breakthroughs In Ecology, Technology, Science, And Politics (Sources And Studies In World History Ser.)

by Mary Kilbourne Matossian

This innovative survey of world history from earliest times to the present focuses on the role of four factors in the development of humankind: climate, communication and transportation technology, scientific advances, and the competence of political elites. Matossian moves chronologically through fifteen historic periods showing how one or more of the causative factors led to significant breakthroughs in human history. Shaping World History is based on original research and also draws widely from the literature on the history of science, technology, climate, agriculture, and historical epidemiology. This compelling analysis is presented in a personal style and includes reflections on how things work and why they are important.

Shared Agency: A Planning Theory of Acting Together

by Michael E. Bratman

Human beings act together in characteristic ways, and these forms of shared activity matter to us a great deal. Think of friendship and love, singing duets, dancing together, and the joys of conversation. And think about the usefulness of conversation and how we frequently manage to work together to achieve complex goals, from building buildings to putting on plays to establishing important results in the sciences. With Shared Agency, Michael E. Bratman seeks to answer questions about the conceptual, metaphysical and normative foundations of our sociality and to establish a framework for understanding basic forms of sociality. Bratman proposes that a rich account of individual planning agency facilitates the step to these forms of sociality. There is an independent reason - grounded in the diachronic organization of our temporally extended agency - to see planning structures as basic to our individual agency. Once these planning structures are on board, we can expect them to play central roles in our sociality. This planning theory of individual agency highlights distinctive roles and norms of intentions, understood as plan states. In Shared Agency Bratman argues that appeals to these planning structures enable us to provide adequate resources for an account of sufficient conditions for these basic forms of sociality. Shared agency emerges, both functionally and rationally, from structures of interconnected planning agency.

Shared and Institutional Agency: Toward a Planning Theory of Human Practical Organization

by Michael E. Bratman

Our human lives involve remarkable forms of practical organization-- diachronic organization of individual activity; small-scale organization of shared action; and the organization of institutions. In this book, Michael Bratman argues that the key to these multiple, inter-related forms of human practical organization is our capacity for planning agency. Drawing on earlier work on the roles of planning agency in our human, cross-temporal and small-scale social organization, it focuses on the role of planning agency within our organized institutions, whether a religious congregation, a small business, a professional association, a city council, a university, a non-profit organization, a corporation, a political party, a legal system, or a democratic state. Shared and Institutional Agency draws on ideas, inspired by H.L.A. Hart, that our organized institutions are rule-guided, and that to understand this, we need a theory of social rules. This book develops a planning theory of social rules and puts forth an organized institution as involving authority-according social rules of procedure. This supports a model of organized institutions that makes room for pluralistic divergence and leads to a model of institutional intention and institutional intentional agency. The view that emerges sees our capacity for planning agency as a core capacity that underlies not only string quartets and informal social rules, but also the rule-guided structure of organized institutions and institutional agency.

Shared and Institutional Agency: Toward a Planning Theory of Human Practical Organization

by Michael E. Bratman

Our human lives involve remarkable forms of practical organization-- diachronic organization of individual activity; small-scale organization of shared action; and the organization of institutions. In this book, Michael Bratman argues that the key to these multiple, inter-related forms of human practical organization is our capacity for planning agency. Drawing on earlier work on the roles of planning agency in our human, cross-temporal and small-scale social organization, it focuses on the role of planning agency within our organized institutions, whether a religious congregation, a small business, a professional association, a city council, a university, a non-profit organization, a corporation, a political party, a legal system, or a democratic state. Shared and Institutional Agency draws on ideas, inspired by H.L.A. Hart, that our organized institutions are rule-guided, and that to understand this, we need a theory of social rules. This book develops a planning theory of social rules and puts forth an organized institution as involving authority-according social rules of procedure. This supports a model of organized institutions that makes room for pluralistic divergence and leads to a model of institutional intention and institutional intentional agency. The view that emerges sees our capacity for planning agency as a core capacity that underlies not only string quartets and informal social rules, but also the rule-guided structure of organized institutions and institutional agency.

Shared Authority: Courts and Legislatures in Legal Theory (Law and Practical Reason)

by Dimitrios Kyritsis

This new book advances a fresh philosophical account of the relationship between the legislature and courts, opposing the common conception of law, in which it is legislatures that primarily create the law, and courts that primarily apply it. This conception has eclectic affinities with legal positivism, and although it may have been a helpful intellectual tool in the past, it now increasingly generates more problems than it solves. For this reason, the author argues, legal philosophers are better off abandoning it. At the same time they are asked to dismantle the philosophical and doctrinal infrastructure that has been based on it and which has been hitherto largely unquestioned. In its place the book offers an alternative framework for understanding the role of courts and the legislature; a framework which is distinctly anti-positivist and which builds on Ronald Dworkin's interpretive theory of law. But, contrary to Dworkin, it insists that legal duty is sensitive to the position one occupies in the project of governing; legal interpretation is not the solitary task of one super-judge, but a collaborative task structured by principles of institutional morality such as separation of powers which impose a moral duty on participants to respect each other's contributions. Moreover this collaborative task will often involve citizens taking an active role in their interaction with the law.

Shared Authority: Courts and Legislatures in Legal Theory (Law and Practical Reason)

by Dimitrios Kyritsis

This new book advances a fresh philosophical account of the relationship between the legislature and courts, opposing the common conception of law, in which it is legislatures that primarily create the law, and courts that primarily apply it. This conception has eclectic affinities with legal positivism, and although it may have been a helpful intellectual tool in the past, it now increasingly generates more problems than it solves. For this reason, the author argues, legal philosophers are better off abandoning it. At the same time they are asked to dismantle the philosophical and doctrinal infrastructure that has been based on it and which has been hitherto largely unquestioned. In its place the book offers an alternative framework for understanding the role of courts and the legislature; a framework which is distinctly anti-positivist and which builds on Ronald Dworkin's interpretive theory of law. But, contrary to Dworkin, it insists that legal duty is sensitive to the position one occupies in the project of governing; legal interpretation is not the solitary task of one super-judge, but a collaborative task structured by principles of institutional morality such as separation of powers which impose a moral duty on participants to respect each other's contributions. Moreover this collaborative task will often involve citizens taking an active role in their interaction with the law.

Shared Entrepreneurship: A Path to Engaged Employee Ownership

by Charles C. Manz Stephen B. Adams Marvin O. Brown Thomas J. Calo Wayne H. Decker Richard C. Hoffman Karen P. Manz Olivier P. Roche Frank Shipper Marc D. Street Vera L. Street Christy H. Weer

Today's views of leadership and management have significantly expanded to incorporate a variety of elements such as rewards, visions, and worker participation. However, most perspectives still view leadership as something that is assigned to a designated person who then exercises influence downward toward subordinate followers. In many ways the persistent top-down command and control theme that supports established leadership thought and practice prevents organizations from fully tapping into their human resources, in turn limiting their flexibility to meet the challenges of increasingly dynamic, complex, and competitive environments. Shared Entrepreneurship replaces the top-down approaches of the past with a new framework that draws strengths and innovation from collaboration and sharing. This book is divided into two main sections. The first section consists of six chapters which provide an in-depth overview and discussion of shared entrepreneurship. The second section consists of eight original case studies commissioned by the authors, featuring such companies as Herman Miller, Inc., SRC Holdings, and W.L. Gore & Associates.

Shared Responsibility, Shared Risk: Government, Markets and Social Policy in the Twenty-First Century


The collapse of the financial markets in 2008 and the resulting 'Great Recession' merely accelerated an already worrisome trend: the shift away from an employer-based social welfare system in the United States. Since the end of World War II, a substantial percentage of the costs of social provision--most notably, unemployment insurance and health insurance--has been borne by employers rather than the state. The US has long been unique among advanced economies in this regard, but in recent years, its social contract has become so frayed that is fast becoming unrecognizable. Despite Obama's election, the burdens of social provision are falling increasingly upon individual families, and the situation is worsening because of the unemployment crisis. How can we repair the American social welfare system so that workers and families receive adequate protection and, if necessary, provision from the ravages of the market? In Shared Responsibility, Shared Risk, Jacob Hacker and Ann O'Leary have gathered a distinguished group of scholars on American social policy to address this most fundamental of problems. Collectively, they analyze how the 'privatization of risk' has increased hardships for American families and increased inequality. They also propose a series of solutions that would distribute the burdens of risks more broadly and expand the social safety net. The range of issues covered is broad: health care, homeownership, social security and aging, unemployment, wealth (as opposed to income) creation, education, and family-friendly policies. The book is also comparative, measuring US social policy against the policies of other advanced nations. Given the current crisis in America social policy and the concomitant paralysis within government, the book has the potential to make an important intervention in the current debate.

Shareholder Actions

by Andrew Charman Johan Du Toit

Shareholder Actions is a comprehensive guide to the possible actions shareholders may be entitled to pursue, onwhichever side of the dispute they might be involved. As well as unfair prejudice and derivative actions, and the many personal actions arising from the Companies Act 2006, the book covers actions based in common law and equity, as well as actions based in other statutory law. It also explores occurences of directors owing fiduciary duties directly to shareholders and the 'no reflective loss' rule providing a clear view of its scope, but also its limitations.The book refers to judgments in other related jurisdictions when it is necessary to substantiate a submission not already fully and authoritatively addressed by English law. Scottish cases are referred to where the House of Lords or Supreme Court have dealt with an issue, or where the point of law overlaps with English law.There are separate chapters on taxation issues, shareholder claims in Australia, due the large cross pollination between English and Australian law and, for comparative purposes, on Canada where a very different approach is taken with its common law based system and South Africa.In addition to an expanded section on procedure with detailed consideration of the availability of interlocutory relief, the new 3rd edition also covers significant developments in case law that there have been since the 2nd edition including in relation to:- Directors' duties, eg Julien v Evolving Technologies; Popely v Popely; Auden McKenzie (Pharma) Ltd v Patel; Re System Building Services Group; Dickinson v NAL Realisations (Staffordshire) Ltd and in the continuing Sharp v Blank litigation- Remedies following directors' breaches of duties, eg CPS v Aquila Advisory Ltd and in Interactive Technology v Fester - Derivative claims, eg Sevilleja Garcia v Marex Financial Ltd and Homes of England Ltd v Nick Bellman (Holdings) Ltd - Unfair prejudice petitions, eg Re G&G Properties Ltd; re Bankside Hotels Ltd, aka Griffith v Gourgey; George v McCarthy and Allnutt v Nags Head Reading Ltd - Just and equitable winding up, eg Chu v Lau- The doctrine of the non-recoverability of reflective loss, eg the decisions of both the Supreme Court and the Court of Appeal in the important case of Sevilleja Garcia v Marex Financial Ltd where this was considered and ultimately refined; and Re Hut Group Ltd, aka Zedra Trust Co (Jersey) Ltd v Hut Group Ltd - Access to company registers, eg Houldsworth Village Management v Barton- The liability of parent companies for the actions of their subsidiaries in Vedanta Resources Plc and Another v Lungowe

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