Corporate donations, the best interest of the company and the proper purpose doctrine

Corporate philanthropy is illegitimate spending by powerful corporate elite of someone else’s money; an attempt to bypass democratic allocation of taxes; philanthropy by individuals is laudable, but not by corporations.

Just as I wouldn’t want you to implement your personal judgments by writing checks on my bank account for charities of your choice, I feel it inappropriate to write checks on your corporate ‘bank account’ for the charities of my choice.

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.

Foucauldian analysis and 'the best interests of the child'

In this thesis I have developed a theoretical framework using Michel Foucault’s metaphor of the panopticon and applied the resulting discursive methodology to prominent risk assessment texts in Tasmanian Government child protection services. From the analysis I have developed an innovation poststructural practice of discursive empathy for use in child protection social work. Previous research has examined discourses such as madness, mothering, the family and masculinity using Foucault’s ideas and argued that each is a performance of social government. However my interest is in ‘the best interests of the child’ as governmentality; risk as the apparatus through which it is conducted and child abuse its social effect. In applying a discursive analysis, practices of risk assessment are therefore understood to actually produce intellectual and material conditions favourable to child abuse, rather than protect children from maltreatment. The theoretical framework produces in this thesis incorporates three distinct components of Foucault’s interpretive analytics of power: archaeology, genealogy and ethics. These components provide a structure for discourse analysis that is also a coherent methodical practice of Foucault’s notion of ‘parrhesia’. The practice of parrhesia involves social workers recognised that social power is subjectively dispersed yet also hierarchical. Using this notion I have analysed ‘the best interest of the child’ as a panopticon and argued that child abuse is a consequence. This thesis therefore demonstrates how child protection social workers can expose the political purpose involved in the discourse ‘the best interests of the child’, and in doing so challenge the hostile intellectual and material conditions that exist for children in our community. In concluding, I identify how discursive empathy is a readily accessible skill that social workers can use to practice parrhesia in a creative way.

The late discovery of adoptive and donor insemination offspring status : ethical implications for conceptual understandings of the ‘best interests of the child’ principle

Late discovery is a term used to describe the experience of discovering the truth of one’s genetic origins as an adult. Following discovery, late discoverers face a lack of recognition and acknowledgment of their concerns from family, friends, community and institutions. They experience pain, anger, loss, grief and frustration. This presentation shares the findings of the first qualitative study of both late discovery of adoptive and donor insemination offspring (heterosexual couple use only) experiences. It is also the first study of late discovery experiences undertaken from an ethical perspective. While this study recruited new participants, it also included an ethical re-analysis of existing late discovery accounts across both practices. The findings of this study (a) draws links between past adoption and current donor insemination (heterosexual couple only) practices, (b) reveals that late discoverers are demanding acknowledgment and recognition of the particularity of their experiences, and (c) offers insights into conceptual understandings of the ‘best interests of the child’ principle. These insights derive from the lived experiences of those whose biological and social worlds have been sundered and secrecy and denial of difference used to conceal this. It suggests that acknowledging the equal moral status of the child may be useful in strengthening conceptual understandings of the ‘best interests of the child’ principle. This equal moral status involves ensuring that personal autonomy and the ability to exercise free will is protected; that the integrity of the relationships of trust expected and demanded between parent/s and children is defended and supported; and that equal access to normative socio-cultural practices, that is; non-fictionalised birth certificates and open records, is guaranteed.

A report on the strategic fisheries stock assessment survey of the minor catchments in South West Cumbria 1996 with particular reference to salmonids

This is the report on the strategic fisheries stock assessment survey of the minor catchments in South West Cumbria 1996 with particular reference to salmonids, produced by North West Water in 1994. The 1996 Minor Catchment survey indicates variations in salmonid production within these catchments. Survey results indicate that production may be reaching its limit in certain areas whilst others are underachieving and others are unsuitable for salmonid production. Trout production within the catchments is higher and more widespread than that of salmon. Water quality levels vary considerably between catchments and intra-annually within individual catchments. The need for selective habitat surveys, with a view to habitat improvement schemes (H.I.S) is discussed. This report formed a basis for subsequent reports, thus, allowing data comparisons and analysis of production level fluctuations. It was the most extensive assessment of these catchments to date, taking into account comparisons with the new National Database on salmonid production in England and Wales.

The fishery potential of the minor lake (Nabisojjo) - Luwero District

Luwero district before the creation of Nakasongola District had a share of south-western portion of Lake Kyoga. After loosing the portion of the lake, they want to resort the minor lake (Nabisojjo) for supply of fish at least to the population around this lake. The plans were to start commercial fishing. The lake is 45 km from Luwero town adjacent 10 the road going to Ngoma town. River Nabisojjo, a tribulary of river Mayanja flows through the lake on its way to river Kafu. The main objective of the scientific field study on Lake Nabisojjo was therefore to generate information on the status of the lake fishery and recommend to the local authorities the next line of action.

Efficient masking of corrosion and fission products such as Ni(II) and Pd(II) in the presence of the minor actinide Am(III) using hydrophilic anionic or cationic bis-triazines

Water soluble anionic and cationic bis-triazine ligands are able to suppress (mask) the extraction of corrosion and fission products such as Ni(II) and Pd(II) that are found in PUREX raffinates. Thus it is possible to separate these elements from the minor actinide Am(III). Although some masking agents have previously been developed that retard the extraction of Pd(II), this is the first time a masking agent has been developed for Ni(II).

The best interests of the child? The stolen generation in Canada and Australia

Key cases in Australia and Canada dealing with litigation undertaken by members of the stolen generations - considers vicarious liability, non-delegable duties and duty of care - while plaintiffs in leading Canadian cases were successful under at least one of their heads of claim, there were inconsistencies - Crown's liability for the Aboriginal residential school experience is unresolved - key Australian decisions where plaintiffs' claims against the Crown for vicarious liability and breaches of duty of care were rejected.

Best books of the year

This article identifies favourite publications from 2003 selected by the following writers: Tony Birch, Neal Blewett, Ian Britain, Alison Broinowski, Paul Brunton, Inga Clendinnen, Martin Duwell, Morag Fraser, Andrea Goldsmith, Kerryn Goldsworthy, Peter Goldsworthy, Bridget Griffen-Foley, Clive James, Gail Jones, Nicholas Jose, Brian McFarlane, Brenda Niall, Ros Pesman, Peter Porter, Peter Steele, Chris Wallace-Crabbe, and Robyn Williams.

Family breakdown, the best interests of the child concept, and the legal system

It appears that the legal system's response to the issues relating to family breakdown and "the best interests of the child" concept can sometimes be inadequate. There also appears to a lack of consistency with regards to enforcing the best interests of the child concept in legal proceedings concerning children.