The criminal courts are a singularly inappropriate tool to regulate the behaviour of directors, other than in a very limited set of circumstances. Shareholders are an inconsistent…
Abstract
Purpose
The criminal courts are a singularly inappropriate tool to regulate the behaviour of directors, other than in a very limited set of circumstances. Shareholders are an inconsistent mechanism for regulating the board of companies. The aim of this paper is to look at the paradigms relating to criminal liability on directors acting in that capacity and argues that lessons could be learned from the way professional bodies regulate their members through a “fitness to practice” regime.
Design/methodology/approach
This is a conceptual paper.
Findings
One attraction of professional model regulation is that the outcomes are more versatile than in criminal proceedings where a conviction and punishment is the alternative to an acquittal. In professional disciplinary proceedings the outcome may include censure, the imposition of conditions upon the right to practice, suspension for a defined period of time and ultimately removing the right to practice. In choosing the outcome the decision maker has an obligation to take a proportionate view and would be entitled not to throw out the entrepreneurial baby with the breach of duty bathwater if that would loose to the company, and the public, skills which could be saved by lesser steps than erasure, including imposing conditions on the registrants activities.
Originality/value
Professional model proceedings may be more likely to be used than criminal prosecution and would go some significant way to restoring faith in the governance of companies in a way which adds responsibility to the power wielded by directors of large corporations.
Details
Keywords
OUR publication date precludes more than the beginning of our study on the Library Association Conference which, from the point of view of numbers, has been one of the largest. We…
Abstract
OUR publication date precludes more than the beginning of our study on the Library Association Conference which, from the point of view of numbers, has been one of the largest. We shall continue in our next issue such comment upon it as the importance of the subjects under discussion would seem to warrant.
Communications regarding this column should be addressed to Mrs. Cheney, Peabody Library School, Nashville, Tenn. 37203. Mrs. Cheney does not sell the books listed here. They are…
Abstract
Communications regarding this column should be addressed to Mrs. Cheney, Peabody Library School, Nashville, Tenn. 37203. Mrs. Cheney does not sell the books listed here. They are available through normal trade sources. Mrs. Cheney, being a member of the editorial board of Pierian Press, will not review Pierian Press reference books in this column. Descriptions of Pierian Press reference books will be included elsewhere in this publication.
This paper seeks to examine the problem of cyber fraud, a situation created by online financial transactions.
Abstract
Purpose
This paper seeks to examine the problem of cyber fraud, a situation created by online financial transactions.
Design/methodology/approach
Examines the challenges to regulating financial fraud in cyberspace, e.g. those responsible for the fraud; the possibility of prosecution; and the position of cyberspace in the light of jurisdiction and control.
Findings
Finds that the introduction of internet specific regulation would be useful in combating cyberspace fraud.
Originality/value
This paper arguably breaks new ground in recommending measures to combat financial fraud in cyberspace.
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Keywords
The Minister of Health has made Regulations entitled the Public Health (Preservatives, etc., in Food) Amendment Regulations, 1927, which take the place of the provisional…
Abstract
The Minister of Health has made Regulations entitled the Public Health (Preservatives, etc., in Food) Amendment Regulations, 1927, which take the place of the provisional Regulations dated 8th April, 1927, and incorporate in addition a few minor amendments of the principal Regulations.
To enable adequate transfer of heat from a hybrid circuit in many cases the substrate is attached to a heatsink. This paper examines the two principal means of calculating the…
Abstract
To enable adequate transfer of heat from a hybrid circuit in many cases the substrate is attached to a heatsink. This paper examines the two principal means of calculating the dispersion and transfer of heat generated by active elements on the surface when both thin and thick film techniques are employed. The paper concludes by presenting formulae for making the relevant thermal resistance calculations.
Roopinder Oberoi, David Bara, Emma Bara, Jamie P. Halsall and Michael Snowden
Across the world, the concept of social entrepreneurship is taking off. It is globally called as unconventional economic institutions in the era of neoliberalism. But, as everyone…
Abstract
Across the world, the concept of social entrepreneurship is taking off. It is globally called as unconventional economic institutions in the era of neoliberalism. But, as everyone celebrates the advent of social entrepreneurship, there's an important question that must be answered: why the sudden spotlight upon it? Over the last two decades, there has been growing focus on social entrepreneurship. Social entrepreneurship is an attempt to re-embed social and ethical dimensions within the neoliberal paradigm. As a neoliberal actor par excellence, the social entrepreneur is reoriented to confidently mediate in society, to do good for those at the bottom of pyramid. The term ‘entrepreneurship’, in the capitalist model, signifies the capacity for wealth creation, the ability to maximize profit for the self and, for shareholders, an extremely competitive market. However, the prefix ‘social’ indicates responsibility towards the collective, and values of solidarity and cooperation. Social entrepreneurs invariably carry the weight of the economic and political predicaments of the modern world; they are the descendants of neoliberal entrepreneurship, yet at the same time they confront some of its foundational pillars. In this chapter, the authors attempt to understand how a social entrepreneur mobilizes a series of values that articulate an alternate imagining of the neoliberal global order.
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Lauren Munro, Robb Travers, Alex St. John, Kate Klein, Heather Hunter, David Brennan and Chavisa Brett
This study sought to gain a better understanding of the general life experiences of lesbian, gay, bisexual and transgender (LGBT) newcomer youth, situated within the broader…
Abstract
Purpose
This study sought to gain a better understanding of the general life experiences of lesbian, gay, bisexual and transgender (LGBT) newcomer youth, situated within the broader context of their lives post-migration. The purpose of this paper is to explore the nature of various forms of oppression experienced by LGBT newcomers and offers recommendations for transforming services to better serve the complex needs of this marginalized population.
Design/methodology/approach
The Teens Resisting Urban Trans/Homophobia (TRUTH) project was comprised of ten focus groups with 70 youth (aged 14-29) living in the Greater Toronto Area (GTA). Another three focus groups were conducted with 13 GTA service providers and teachers working with LGBT youth, in addition to one key informant interview. For this paper, the authors drew from a subset of the data including four newcomer-specific focus groups in which there were 39 youth who identified as refugees or immigrants, as well as key informant interviews with four youth (three of whom also participated in focus groups) and one service provider. Participants were asked about “what homophobia and transphobia meant to them”, “where they experienced it”, “in what forms”, and “how it impacted their daily lives”.
Findings
The experiences of LGBT newcomer youth in this study involved a complex negotiation of multiple systems of oppression. Youth described experiences of homophobia and racism within interpersonal relationships, in the LGBT community, in their respective diasporic communities, in social service encounters and during the immigration/refugee process. Barriers for LGBT refugee youth included difficulties finding work and accessing health care, as well as the additional burden of proving their sexual orientation during refugee claimant hearings.
Research limitations/implications
While the combination of focus groups and key informant interviews is a strength in this study, it also presents challenges for analysis. In focus groups, it is not always clear who is speaking; because of this, the authors were sometimes unable to differentiate between refugee and immigrant youth (or those without status) in our focus groups, making it often unclear which perspective or experience youth were speaking to. Another limitation was the dominance of the “cisgender gay male voice” in our conclusions. Lesbian and bisexual women were present in fewer numbers and the sample only included three trans youth.
Practical implications
The findings reveal systemic discrimination on the basis of race and sexual orientation that illuminate injustices within Canadian society and systems that can enhance the efforts of those working in policy and service environments. Focused anti-homophobia and anti-racism training, and the implementation of policies designed to enhance accessibility, could improve service provision for newcomer LGBT youth. Furthermore, in order to facilitate a more just settlement process, a broader understanding of sexual identity, gender identity, and gender expression is required of the refugee claimant system.
Originality/value
This study examines the experiences of youth in a large and complex, multicultural, and gay-friendly urban centre, thus providing timely and current data about the well-being of newcomer LGBT youth. As such, it is one of the first studies to offer some insights into the life issues and challenges post-migration of Canadian LGBT newcomer youth.