Management renewal? Consequences of the new conception of the “best interests of the corporation” in North American and French Corporate Law

Corporate law integrates a stakeholder conception through the comprehensive meaning of the best interests of the corporation. In this paper, I address criticisms about classical definition of the firm’s purpose. Even if American law is more discreet and uncertain, it is possible to defend a broad conception of the best interests of the corporation. The interests of Canadian and French firms include their partners. While the notion of intérêt social is debatable in France, Canada has recently modified its point of view regarding the purpose of the firm. Indeed, the decision of the Supreme Court of Canada Magasins à rayons Peoples Inc. (Syndic de) v. Wise in 2004 changed the concept of corporate law. With respect to fiduciary duties, the Supreme Court set aside the traditional interpretation of the “best interests of the corporation” which gave primacy to shareholders’ interests. The Court held that the expression “best interests of the corporation” refers to the maximization of the corporation’s value. This innovative vision of the best interest of the corporation introduces stakeholder theory and corporate social responsibility (CSR) into corporate law and provides a new field for the firm’s management to frame their responsibilities. This paper concludes with an extended discussion of the implications of stakeholder and CSR influence for the future of corporate law, economy and financial researches.

Recollecting Work : Labour and Class in Contemporary North American Historical Fiction

Ma thèse examine quatre romans de l`époque post-1960 qui s’appuient sur le genre de la littérature prolétarienne du début du vingtième siècle. Se basant sur les recherches récentes sur la littérature de la classe ouvrière, je propose que Pynchon, Doctorow, Ondaatje et Sweatman mettent en lumière les thèmes souvent négligés de cette classe tout en restant esthétiquement progressiste et pertinents. Afin d’explorer les aspects politiques et formels de ces romans, j’utilise la « midfiction », le concept d’Allen Wilde. Ce concept vise les textes qui utilisent les techniques postmodernes et qui acceptent la primauté de la surface, mais qui néanmoins essaient d’être référentiels et d’établir des vérités. Le premier chapitre de ma thèse propose que les romans prolétariens contemporains que j’ai choisis utilisent des stratégies narratives généralement associées avec le postmodernisme, telles que la métafiction, l’ironie et une voix narrative « incohérente », afin de contester l’autorité des discours dominants, notamment les histoires officielles qui ont tendance à minimiser l’importance des mouvements ouvriers. Le deuxième chapitre examine comment les romanciers utilisent des stratégies mimétiques afin de réaliser un facteur de crédibilité qui permet de lier les récits aux des réalités historiques concrètes. Me référant à mon argument du premier chapitre, j’explique que ces romanciers utilisent la référentialité et les voix narratives « peu fiables » et « incohérentes », afin de politiser à nouveau la lutte des classes de la fin du dix-neuvième et des premières décennies du vingtième siècles et de remettre en cause un sens strict de l’histoire empirique. Se basant sur les théories évolutionnistes de la sympathie, le troisième chapitre propose que les représentations des personnages de la classe dirigeante riche illustrent que les structures sociales de l’époque suscitent un sentiment de droit et un manque de sympathie chez les élites qui les font adopter une attitude quasi-coloniale vis-à-vis de la classe ouvrière. Le quatrième chapitre aborde la façon dont les romans en considération négocient les relations entre les classes sociales, la subjectivité et l’espace. Cette section analyse comment, d’un côté, la représentation de l’espace montre que le pouvoir se manifeste au bénéfice de la classe dirigeante, et de l’autre, comment cet espace est récupéré par les ouvriers radicaux et militants afin d’avancer leurs intérêts. Le cinquième chapitre explore comment les romans néo-prolétariens subvertissent ironiquement les tropes du genre prolétarien précédent, ce qui exprimerait l’ambivalence politique et le cynisme généralisé de la fin du vingtième siècle.

Short-eared Owl (Asio flammeus) surveys in the North American Intermountain West: utilizing citizen scientists to conduct monitoring across a broad geographic scale

The Short-eared Owl (Asio flammeus) is an open-country species breeding in the northern United States and Canada, and has likely experienced a long-term, range-wide, and substantial decline. However, the cause and magnitude of the decline is not well understood. We set forth to address the first two of six previously proposed conservation priorities to be addressed for this species: (1) better define habitat use and (2) improve population monitoring. We recruited 131 volunteers to survey over 6.2 million ha within the state of Idaho for Short-eared Owls during the 2015 breeding season. We surveyed 75 transects, 71 of which were surveyed twice, and detected Short-eared Owls on 27 transects. We performed multiscale occupancy modeling to identify habitat associations, and performed multiscale abundance modeling to generate a state-wide population estimate. Our results suggest that within the state of Idaho, Short-eared Owls are more often found in areas with marshland or riparian habitat or areas with greater amounts of sagebrush habitat at the 1750 ha transect scale. At the 50 ha point scale, Short-eared Owls tend to associate positively with fallow and bare dirt agricultural land and negatively with grassland. Cropland was not chosen at the broader transect scale suggesting that Short-eared Owls may prefer more heterogeneous landscapes. On the surface our results may seem contradictory to the presumed land use by a “grassland” species; however, the grasslands of the Intermountain West, consisting largely of invasive cheatgrass (Bromus tectorum), lack the complex structure shown to be preferred by these owls. We suggest the local adaptation to agriculture represents the next best habitat to their historical native habitat preferences. Regardless, we have confirmed regional differences that should be considered in conservation planning for this species. Last, our results demonstrate the feasibility, efficiency, and effectiveness of utilizing public participation in scientific research to achieve a robust sampling methodology across the broad geography of the Intermountain West.

A reconstructed Siberian High index since A. D. 1599 from Eurasian and North American tree rings

The long-term variability of the Siberian High, the dominant Northern Hemisphere anticyclone during winter, is largely unknown. To investigate how this feature varied prior to the instrumental record, we present a reconstruction of a Dec-Feb Siberian High (SH) index based on Eurasian and North American tree rings. Spanning 1599-1980, it provides information on SH variability over the past four centuries. A decline in the instrumental SH index since the late 1970s, related to Eurasian warming, is the most striking feature over the past four hundred years. It is associated with a highly significant (p < 0.0001) step change in 1989. Significant similar to 3-4 yr spectral peaks in the reconstruction fall within the range of variability of the East Asian winter monsoon (which has also declined recently) and lend further support to proposed relationships between these largescale features of the climate system.

The relationship between the North American summer monsoon, the Rocky Mountains and the North Pacific subtropical anticyclone in HadAM3

In this study the relationship between the North American monsoon, the Californian sea surface temperature (SST) cold pool, the Rocky Mountains and the North Pacific subtropical anticyclone is investigated using the Hadley Centre's atmospheric climate model, HadAM3. In 1996 Hoskins hypothesized that heating in the North American monsoon might be important for the maintenance of the summertime North Pacific subtropical anticyclone, since the monsoon heating may induce descent to the north-west of the monsoon in the descending eastern flank of the subtropical anticyclone. This descent is further enhanced by radiative cooling and is associated with equatorward surface winds parallel to the western coast of North America. These equatorward winds induce oceanic upwelling of cold water and contribute to the formation of the Californian SST cold pool, which may feed back on the anticyclone by further suppressing convection and inducing descent. More recently, Rodwell and Hoskins also investigated the global summer monsoon–subtropical anticyclone relationship. They examined the role that mountains play in impeding the progress of the low-level mid-latitude westerlies, either deflecting the westerlies northwards where they ascend along the sloping mid-latitude isentropes or deflecting them southwards forcing them to descend along the isentropes. In particular, the introduction of the Rockies into a primitive-equation model adiabatically induces descent in the eastern descending flank of the North Pacific subtropical anticyclone. These hypothesized mechanisms have been investigated using HadAM3, focusing on the possible suppression of convection by the Californian SST cold pool, the response of the North Pacific subtropical anticyclone to the strength of the North American monsoon and the ‘blocking’ of the mid-latitude westerlies by the Rocky Mountains. The role of the Rockies is examined by integrating the model with modified orography for the Rocky Mountains. Changing the height of the Rockies alters the circulation in a way consistent with the mechanism outlined above. Higher Rocky mountains force the westerlies southwards, inducing descent in the eastern flank of the subtropical anticyclone as the air descends along the sloping isentropes. The relationship between the North American monsoon and the North Pacific subtropical anticyclone is investigated by suppressing the monsoon in HadAM3. The suppression of the monsoon is accomplished by increasing the surface albedo over Mexico, which induces anomalous ascent on the eastward flank of the subtropical anticyclone and anomalous polewards surface winds along the western coast of the North American continent, also providing support for the above hypothesis. The removal of the Californian SST cold pool, however, has a statistically insignificant effect on the model, suggesting that in this model the feedback of the SST cold pool on the eastern flank of the anticyclone is weak.

Typification of four North American club-chollas: the names of four Engelmannian species from Mexico and Southwestern United States

The names Opuntia bulbispina, O. clavata, O. emoryi and O. grahamii, originally proposed by George Engelmann between 1848 and 1856, are reviewed and typified after new findings of previously unknown voucher specimens. Original materials collected by some of the collaborators employed by Engelmann during the Mexican Boundary Survey were discovered in a loan from the Torrey Herbarium at the New York Botanical Garden (NY). Many of the materials include fragments of stems and fruits, and others include only sectioned flowers and some seeds. Particularly good descriptions of the species here concerned were published in Engelmann’s “Synopsis of the Cactaceae” in 1857, and exceptional illustrations were produced by Paulus Roetter and printed in “Cactaceae of the Boundary” in 1859. The problems surrounding some previous typifications of these names range from typification of joint lectotypes to illegitimate typifications of illustrations when original material was known to exist. The materials selected for typification were collected by the Mexican Boundary Survey and are lodged at the herbaria of the Missouri Botanical Garden (MO) and the New York Botanical Garden (NY); some are illustrations published by Engelmann.

The transatlantic dimensions of the time lord: Doctor Who and the relationships between British and North American television

This chapter explores some of the textual specificity of the Steven Moffat/Matt Smith Doctor Who, in relation to its positioning within the current transatlantic television landscape. The chapter develops further the existing scholarship on Doctor Who, by both offering a critical assessment of the transatlantic dimensions of the Moffat/Smith-era Doctor Who, and by challenging some of the existing critical arguments about Doctor Who's transatlantic dimensions. Particular attention is paid to the casting, physicality and costuming of actor Matt Smith as the Doctor in relation to notions of Britishness.

Self-concept clarity and compulsive Internet use: the role of preference for virtual interactions and employment status in British and North-American samples

Background and Aims Compulsive Internet Use (CIU) describes a maladaptive relationship with the Internet characterised by loss of control and conflict. Although also affecting adults, most studies use teenage samples, and theoretical development on risk factors is scarce. According to Davis (2001), the social connectivity function of the Internet is key in identifying traits associated with CIU. Since Self-Concept Clarity (SCC) is strongly related to social anxiety, and virtual interactions allow “self-edition”, we hypothesized that individuals low in SCC could choose virtual interactions as safer alternative to satisfy their social needs. This could in turn increase the risk of CIU. Building on a previous study, we also expected CIU to be more harmful in the unemployed. Methods We collected samples from the UK (N = 532) and US (N = 502) with equal distribution of employed and unemployed individuals. We ran Measurement Invariance tests to confirm that the constructs were equivalent across countries. Subsequently, we conducted mediation and moderation analysis to test our hypothesis with Multigroup Confirmatory Factor Analysis. Results Measurement Invariance was confirmed. The relationship between SCC and CIU was partially mediated by preference of virtual interactions in both countries. This preference was significantly related to lower social support. Short term unemployment seemed to accentuate the negative impact of CIU on life satisfaction in both countries, although only marginally significantly in the US. The unemployed reported significantly lower levels of life satisfaction. Conclusion We demonstrated that SCC is a key vulnerability factor to CIU in adults, and confirmed the additional risks for the unemployed.

The transfer of management accounting practices from London counting houses to the British North American fur trade

During the late eighteenth and early nineteenth centuries management accounting practices were transferred from London counting houses to the British North American fur trade. This transfer involved a set of practices that was more effective for implementing the strategy being pursued at the time than the set used with the previous strategy. London counting houses had developed management accounting practices to facilitate their backward integration strategies with America and the West Indies. Pivotal to this development was the requirement for sub-unit accountability and responsibility.