Ethical transnational corporate activity at home and abroad: A proposal for reforming continuous disclosure obligations in Australia and the United States

Multinational Corporations establish operations in states with lower legal and ethical standards in areas including the environment, wages, labor standards, human rights, corruption, and company taxation. Corporate law scholars cannot be indifferent to the horrific consequences of these lax standards. From contributing to rapes and violent incidents stemming from trade in conflict minerals in the Congo to the killing of workers due to poor conditions in garment manufacturing units in Bangladesh, multinational corporations exploit conditions in developing countries abroad without disclosing their actions at home. We advance a normative argument to clarify and strengthen the existing model of disclosure-based regulation to hold MNCs accountable. We argue that, since the core expectations held by shareholders of companies are the same whether they are operating within our borders or externally, a harmonization of disclosure obligations imposed by law would be a more flexible and less costly solution. We posit that a broader reading of the disclosure obligations of companies under existing legislation like the Reg. S-K in the United States, the continuous disclosure rules under * Dean and Professor of Law, University of Newcastle Law School. Sandeep Gopalan would like to thank Terrie Troxel, Jack Tatom, Professor Bill Wilhelm, and the Networks Financial Institute at Indiana State University College of Business for their valuable support in conducting research for this article. We are also grateful to Audrey Son, Bassam Khawaja, and the editorial staff of the Columbia Human Rights Law Review for their excellent editorial work. ** Solicitor and doctoral candidate, University of Newcastle Law School. 2 COLUMBIA HUMAN RIGHTS LAW REVIEW [46.2:1 the Australian Corporations Act 2001, and listing rules such as those adopted by the Australian Securities Exchange and the New York Stock Exchange would require the disclosure of material corporate practices outside our national borders.

Home-range use by the brush-tailed phascogale (phascogale tapoatafa) (marsupialia) in High-quality, spatially limited habitat

Nine phascogales (7 females, 2 males) were radio-tracked between March and July 1999 to investigate the spatial organisation of this species in spatially limited habitat near Euroa, Victoria. In this area, approximately 3.6% of the original woodland vegetation remains after 150 years of agricultural clearing. Most wooded habitat is confined to narrow linear strips along roads and streams. However, these remnants are on fertile soils and, because they have not experienced intensive harvesting, the density of large old trees is over 10 times that found in nearby State Forests and Parks. Female phascogales were monitored for 13–38 days over periods of 5–15 weeks. The size of home ranges of females was 2.3–8.0 ha, and averaged 5.0 ha. This value is one-eighth the mean home-range size previously recorded for the species in contiguous forest in Victoria. All individuals used multiple nest trees, with nests generally located in trees >80 cm diameter at breast height. Although fragmented and spatially limited, the stands of large old trees on productive soils near Euroa provide a network of well connected, high-quality habitat for phascogales. The relatively dense population of phascogales in these remnants suggests that prior to agricultural clearing and timber harvesting, phascogales may have been much more common in Victoria than at present.

The subjective well-being of people caring for a family member with a severe disability at home: a review

This review concerns the life quality of people caring for a relative with a severe disability within their family. It involves the balance between the advantages such care brings to the care recipient and the costs borne by the family. A brief history indicates that the forces that encourage family care are minimally concerned with family welfare. Moreover, an analysis of both qualitative and quantitative data indicates that primary caregivers are at considerable risk of high stress, clinical depression, and abnormally low subjective quality of life. It is concluded that increased public expenditure directed to the care of people with severe disability is urgently required.