Discourse of conscience in the assessment of voluntary assignments in equity

This article examines the continuing suitability of the existing Australian test for determining when a voluntary assignment of legal property has passed in equity. It suggests that the current test, which focuses upon the ‘completion’ by the donor of the all the necessary transfer formalities, and the underlying equitable maxims that support it, should be revised to better reflect the dual concerns of assignment and constructive trust. The article reviews the English authorities, in particular the English Court of Appeal in Pennington v Waine, which held that the equitable jurisdiction can validate a voluntary assignment of legal property where, in the circumstances, it would be unconscionable to allow the donor to resile. It is argued that this approach represents an appropriate progression because it provides greater scope for a particularised examination of the intention, circumstances and behaviour surrounding the purported assignment. A test which encourages greater contextual examination of the overall circumstances underlying the assignment process is consistent with the core expectations of equitable methodology. It supports the multi-layered process of determining whether a donor intended the assignment and further, whether that donor should be held liable as constructive trustee.

Exploring turnover intention of construction managers in China

Employee turnover has been identified as one of the principal causes of poor performance, low competitiveness and high technology loss in the construction industry. Construction managers normally acquire knowledge and skills in construction methods and management techniques on the basis of long-term practice, and their turnover can significantly impact on a construction organisation's survival and development. Therefore, there has been an increasing need to understand the major critical variables affecting the turnover of construction managers. The aims of this research were to determine these variables and use them to develop a quantitative turnover prediction model. A system framework was first developed to categorise all turnover variables into job satisfaction, organisation commitment and demographic variables and the turnover intention was measured in diverse directions. Based on an empirical study in Hubei province in China, the statistical results indicate that seven job satisfaction and organisational commitment variables dominate the turnover intentions of construction managers.

Reinvigorating the public sphere : the role of voluntary associations

This thesis examines the key question: can voluntary associations enhance democracy? It tests critical claims made by Habermas and others that voluntary associations have the potential to reinvigorate a public sphere in a state of atrophy. The thesis outlines the major theoretical arguments pertaining to these areas and then presents the results of empirical work within voluntary organisations. Specifically the thesis: Critically examines the concept of the public sphere, being a sphere between the state and civil society and investigates why theorists have advocated voluntary associations, claimed to be the core institutions of civil society, as sites where democratic ideals can be secured; Goes on to examine the concept of civil society and reviews the recent literature that has attempted to define and analyse the role of voluntary associations in contemporary society; Tests empirically the normative ideals that have been advocated on behalf of voluntary associations through the presentation of data obtained using qualitative methodology. The analysis of the data collected during interviews with key employees and members of six voluntary associations in Melbourne, Australia allows for a more informed knowledge regarding the key concepts and themes of the thesis. The thesis ends by directly addressing the following points: whether or not the public sphere is in a state of atrophy; the particular nature of voluntary associations contemporary engagement in the public sphere; and whether voluntary associations can indeed, be sites where democracy can be enhanced and democratic ideals be secured. It is concluded that voluntary associations operate within Habermasian public spheres, counterspheres, and postmodern public spheres and that unitary notions of the public sphere, such as those Habermas proposes, do not adequately explain voluntary associations engagement in the public sphere. Accordingly, it is concluded that voluntary associations have the potential to invigorate public spheres, though not in ways that many theorists writing on the subject suggest.

A study of voluntary disclosure by listed firms in China

This study investigates the impact of changed disclosure environment on listed Chinese firms in respect of their disclosure decisions. It provides empirical evidences showing that firms have positively responded to the pressure exerted by regulatory bodies in China. Voluntary information disclosure has been adopted by firms to achieve stakeholder salience.

A study of voluntary disclosure of listed Chinese firms - a stakeholder perspective

Purpose – The aim of this paper is to investigate stakeholder power changes and their impact on firms' disclosure decisions in the Chinese stock market. Using legitimacy theory and stakeholder theory, the paper identifies newly emerged stakeholder groups for listed Chinese firms during three distinguished periods of the development of the Chinese stock market.

Design/methodology/approach – Panel data analysis was undertaken over a period from 1995-2006 with an aim to examine the influence of stakeholder power changes on voluntary disclosures made by 297 listed firms in their 12 years of annual reports. A voluntary disclosure checklist has been used for hand-collecting data from annual reports.

Findings – The finding shows that different stakeholder groups exert different degrees of influence on firms' decision-making in respect of information disclosure during different stages of the development of the Chinese stock market.

Research limitations/implications – The impact of a stakeholder power changes on corporate disclosure has not been well addressed and how listed Chinese firms respond to these changes is still a significant gap in the Chinese corporate disclosure literature. In this study, the paper uses proxies to represent each stakeholder group, discuss power changes of each group and predict the impact of power changes on firms' voluntary disclosure.

Originality/value – The paper identifies the new content of the “social contract” between listed firms and Chinese society and identifies various stakeholder groups of listed Chinese firms in the context of a new “social contract”. The paper predicts that voluntary corporate disclosure is the result of stakeholder pressures and firms use voluntary disclosure as one of their strategies to manage the firm-stakeholder relationship.

Determinants and economic consequences of voluntary disclosure of internal control weaknesses in China

This paper investigates the determinants and economic consequences of disclosure of internal control weaknesses (ICWs) by Chinese listed firms under the voluntary disclosure regime over 2010-2011. We find that the probability of firms disclosing ICWs is not only associated with firm characteristics such as profitability, age and business complexity, but is also strongly related to the unique attributes of corporate governance and ownership structure in Chinese listed firms, e.g. the independence of the supervisory board, political connections, concentration of the top 3 shareholders' ownership and tradability of shares.Our results show that the severity of the ICWs disclosed is negatively and significantly associated with earnings response coefficients (ERCs), and audit assurance of ICRs has a significant moderating effect on the relationship between ICWs and ERCs. Our research adds further evidence to support the implementation of SOX-type regulations globally.

The effect of 5, 10, and 20 repetition maximums on the recovery of voluntary and evoked contractile properties

Maximal strength training has been reported to emphasize neural adaptations. The main objective of this study was to detect differences in muscle activation between 5, 10, and 20 repetition maximum (RM) sets. Fourteen subjects performed elbow flexion with 5, 10, and 20RM. Subjects were tested for maximum isometric force (maximal voluntary contraction [MVC]), twitch amplitude (peak twitch [Pt]), time to peak twitch (TPT), half relaxation time (1/2 RT), electromyography (EMG), and muscle activation (interpolated twitch). Subjects were tested preexercise and 30 seconds, 1, 2, and 3 minutes postexercise. There were no significant differences in MVC, muscle activation, or antagonist/agonist EMG after 5, 10, or 20RM. However, greater RM did have a greater detrimental effect on twitch properties than fewer RM. Peak twitch was significantly (p = 0.004) less (32.08%) for the 20 than for the 5RM, whereas TPT shortened (p < 0.05) by 7.3 and 11.1% with 10 and 20RM vs. 5RM, respectively. Half relaxation time at 20RM was shortened (p < 0.05) by 20.6 and 25.4% compared with that at 5 and 10RM, respectively. MVC, muscle activation, and temporal twitch properties did not recover within 3 minutes of recovery. In conclusion, whereas 5RM did not produce greater muscle inactivation, twitch contractile properties were affected to a greater degree by a higher number of RM.

A study of voluntary internal control assurance in Chinese listed companies

This study investigates the factors that motivate Chinese listed firms to voluntarily adopt internal control assurance (ICAR) and the effect of voluntary ICAR on financial reporting quality. The findings show that voluntary ICAR is associated with both firm-level economic incentives and regional-level institutional features. In addition, firms with voluntary ICAR exhibit relatively lower financial reporting quality.

How does contingent reward affect enterprise resource planning continuance intention? The role of contingent reward transactional leadership

During the past decade, an increased focus on charismatic and transformational leadership has led to a diminished recognition of the importance of transactional leadership behaviours for successful information systems. We say that this is important because recent studies have shown that transactional leadership, in the form of contingent reward behaviour, can have substantial effects on employee attitudes, perceptions and behaviour. Therefore, in this study we discuss how contingent reward transactional leadership behaviour influences enterprise resource planning (ERP) users’ continuance intention by proposing a research model that explains how contingent reward has a positive effect on ERP users’ satisfaction and perceived usefulness which leads to ERP continuance intention. We further argue that distributive justice mediates this relationship. This study calls for managers to pay attention to the importance of contingent reward leadership behaviour in continuous intention of ERP.

Resistance: a medium for the successful implementation of technological innovation

Resistance to change has long been recognised as a critically important factor that can influence the success or otherwise of implementing any 'technological innovation. Information technology (IT) focused interventions, for example, business process re-engineering (BPR) and enterprise resource planning (ERP), are often quoted as examples of costly failures, with reported levels of dissatisfaction ·with strategic IT investments ranging from 20-70 percent and that employee resistance was to blame. The intention of this chapter is to rethink resistance. The author suggests that resistance remains to this day a complex, multifaceted phenomenon that continues to affect the outcomes of change, both negatively and positively. Although research has procured a solid understanding of resistance- and the benefits that can accrue to an organisation through its proper utilisation, it appears that the classical adversarial approach remains the dominant means ofmanaging resistance because such learning is not reflected in modern management techniques. The author concludes that as companies in every industry are now translating the power and possibilities 0/ e-business into strategic and operational realities, newapproaches in change managementare required to help organisations to understand the complex dynamics o/technological innovation and especially the multifaceted nature o/resistance.