This paper introduces the strategic approach to regulating personal data and the normative foundations of the European Union's General Data Protection Regulation ('GDPR'). We explain the genesis of ...the GDPR, which is best understood as an extension and refinement of existing requirements imposed by the 1995 Data Protection Directive; describe the GDPR's approach and provisions; and make predictions about the GDPR's implications. We also highlight where the GDPR takes a different approach than U.S. privacy law. The GDPR is the most consequential regulatory development in information policy in a generation. The GDPR brings personal data into a detailed regulatory regime, that will influence personal data usage worldwide. Understood properly, the GDPR encourages firms to develop information governance frameworks, to in-house data use, and to keep humans in the loop in decision making. Companies with direct relationships with consumers have strategic advantages under the GDPR, compared to third party advertising firms on the internet. To reach these objectives, the GDPR uses big sticks, structural elements that make proving violations easier, but only a few carrots. The GDPR will complicate and restrain some information-intensive business models. But the GDPR will also enable approaches previously impossible under less-protective approaches.
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The ebook edition of this title is Open Access and freely available to read online. Family constitutions in family-owned firms are becoming increasingly popular around the world. While some, though ...not much, research examining this trend has come from a management research perspective, legal scholarship of family constitutions is even scarcer. The first volume of this new series brings together chapters from the ‘Law and Management of Family Firms’ conference which took place at the Max Planck Institute for Comparative and International Private Law, Hamburg, presenting legal, managerial, historical and comparative perspectives of family constitutions. Family Firms and Family Constitution delves deeply into topics as diverse as ownership, succession, governance, justice and more, all from a managerial and legal perspective from around the world. The pioneering Law and Management of Family Firms series publishes volumes following the annual Hamburg Conference: Law and Management of Family Firms, the international and interdisciplinary forum for family business research. The conference is organized by the Max Planck Institute and the Institute for Mittelstand and Family Firms (HSBA Hamburg School of Business Administration). It brings together two distinct and previously disconnected disciplines of law and management, benefiting scholars, lawyers, consultants, and family office practitioners.
This study investigates patterns in the language and type of social sciences and humanities (SSH) publications in non-English speaking European countries to demonstrate that such patterns are related ...not only to discipline but also to each country’s cultural and historic heritage. We investigate publication patterns that occur across SSH publications of the whole of the SSH and of economics and business, law, and philosophy and theology publications in the Czech Republic, Denmark, Finland, Flanders (Belgium), Norway, Poland, Slovakia, and Slovenia. We use data from 74,022 peer-reviewed publications from 2014 registered in at least one of the eight countries’ national databases and for 272,376 peer-reviewed publications from the period of 2011–2014 registered in at least one of the seven countries’ national databases (for all countries except Slovakia). Our findings show that publication patterns differ both between fields (e.g. patterns in law differ from those in economics and business in the same way in Flanders and Finland) and within fields (e.g. patterns in law in the Czech Republic differ from patterns in law in Finland). We observe that the publication patterns are stable and quite similar in West European and Nordic countries, whereas in Central and Eastern European countries the publication patterns demonstrate considerable changes. Nevertheless, in all countries, the share of articles and the share of publications in English is on the rise. We conclude with recommendations for science policy and highlight that internationalization policies in non-English speaking countries should consider various starting points and cultural heritages in different countries.
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The business judgment rule is a concept of business law to provide protection for the directors and commissioners of the company regarding liability due to decisions or policies that harm the ...company. This concept is important to realize creative and innovative directors in carrying out business practices. This study aims to explore the progressive legal aspects of the business judgment rule concept. This research is a normative legal research oriented to the study of the concept of business judgment rule and the theoretical study of progressive law. The primary legal materials in this study include: the 1945 Constitution of the Republic of Indonesia, the PT Law, and the POJK on the Board of Directors and Board of Commissioners of Issuers or Public Companies. Secondary legal materials include: the results of studies and research that discusses the concept of business judgment rule and progressive law. Non-legal materials include legal dictionaries. The results of the study confirm that the essence of the concept of business judgment rule is to optimize the effectiveness and efficiency of the company. This includes providing guarantees for protection and legal certainty for directors and commissioners regarding liability for company losses that can be excluded through the concept of a business judgment rule. The implications of the business judgment rule in the perspective of progressive law can be done by revising Article 97 paragraph (5) of the Limited Liability Company Law to guarantee the limits of the business judgment rule more specifically so as to ensure legal certainty, prioritizing human values in progressive law as guiding values in reading the formulation of Article 97 paragraph (5) PT Law, as well as the role of judges in court through their decisions to develop the concept of a business judgment rule in practice.
The anatomy professors Moore, Wendy
The Lancet (British edition),
03/2019, Volume:
393, Issue:
10174
Journal Article
Peer reviewed
...that hands-on anatomy in medical schools and life drawing in art schools have fallen out of fashion, the exhibition at the UK's Royal Academy of Arts (RA) devoted to its Professors of Anatomy ...provides a poignant reminder of that fruitful collaboration. Confined to a small gallery, the handful of portraits, mementoes, and other items provide a tantalising glimpse into the lives and times of this rare band of men while hinting at the controversies that dogged some of their work. Since the first four professors were in post before the Anatomy Act of 1832 provided a legal source of bodies for dissection, they were inevitably embroiled in the murky business of bodysnatching. The brightly lit face and glittering eyes in Chamberlin's portrait, and the rapt faces of the audience in Zoffany's scene, make clear that Hunter is shedding light on the mysteries of the body—literally providing enlightenment in the Age of Enlightenment.
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The right to freedom of business is a fundamental right enshrined in the Vietnamese constitution, the ability of subjects to do what they want, choose, and decide for themselves all matters related ...to business activities that are not prohibited by law. In particular, the content of the freedom to choose the type of business is considered basic and important. However, Vietnamese law only treats freedom of business as a right of enterprises and only recognizes certain types of enterprises that are considered popular, which limits citizens' freedom to choose types of businesses. This paper uses systematization, analysis, explanatory methods, and comparative jurisprudence methods, etc. to analyze theoretical issues and the current legal situation regarding the freedom to choose types of enterprises in Vietnam, propose some solutions to improve the law and effectively enforce the law, ensure the freedom to do business of citizens.
We introduce RegData, formerly known as the Industry‐specific Regulatory Constraint Database. RegData annually quantifies federal regulations by industry and regulatory agency for all federal ...regulations from 1997–2012. The quantification of regulations at the industry level for all industries is without precedent. RegData measures regulation for industries at the two, three, and four‐digit levels of the North American Industry Classification System. We created this database using text analysis to count binding constraints in the wording of regulations, as codified in the Code of Federal Regulations, and to measure the applicability of regulatory text to different industries. We validate our measures of regulation by examining known episodes of regulatory growth and deregulation, as well as by comparing our measures to an existing, cross‐sectional measure of regulation. Researchers can use this database to study the determinants of industry regulations and to study regulations’ effects on a massive array of dependent variables, both across industries and time.
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This open access book explores Asian approaches towards investment arbitration—a transnational procedure to resolve disputes between a foreign investor and a host state—setting it in the wider ...political economy and within domestic law contexts. It considers the extent to which significant states in Asia are, or could become, “rule makers” rather than “rule takers” regarding corruption and serious illegality in investor-state arbitration. Corruption and illegality in international investment are widely condemned in any society, but there remains a lack of consensus on the consequences, especially in investment arbitration. A core issue addressed is whether a foreign investor violating a host state’s law should be awarded protection of its investment, as per its contract with the host state and/or the applicable investment or trade agreement between the home state and the host state. Some suggest such protection would be unnecessary as the investor committed a crime in the host state, while others attempt to establish an equilibrium between the investor and the host state. Others claim to protect investment, invoking the sanctity of promises made. The book starts with a deep dive into economic and legal issues in corruption and investment arbitration and then explores the situation and issues in major countries in the region in detail. It is a useful reference point for lawyers, economists, investors, and government officials who are seeking comprehensive and up-to-date information on anti-bribery rules in Asian investment treaties. It is of particular interest to students and researchers in economics, finance, and law, who are undertaking new research relating to the multifaceted impacts of corruption. ; This open access book explores Asian approaches towards investment arbitration — a transnational procedure to resolve disputes between a foreign investor and a host state — setting it in the wider political economy and within domestic law contexts. It considers the extent to which significant states in Asia are, or could become, “rule makers” rather than “rule takers” regarding corruption and serious illegality in investor-state arbitration. Corruption and illegality in international investment are widely condemned in any society, but there remains a lack of consensus on the consequences, especially in investment arbitration. A core issue addressed is whether a foreign investor violating a host state’s law should be awarded protection of its investment, as per its contract with the host state and/or the applicable investment or trade agreement between the home state and the host state. Some suggest such protection would be unnecessary as the investor committed a crime in the host state, while others attempt to establish an equilibrium between the investor and the host state. Others claim to protect investment, invoking the sanctity of promises made. The book starts with a deep dive into economic and legal issues in corruption and investment arbitration and then explores the situation and issues in major countries in the region in detail. It is a useful reference point for lawyers, economists, investors and government officials who are seeking comprehensive and up-to-date information on anti-bribery rules in Asian investment treaties. It is of particular interest to students and researchers in economics, finance and law, who are undertaking new research relating to the multifaceted impacts of corruption.
Sustainability and Corporate Governance is the first extensive and targeted guide for directors and their legal advisors on creating a governance framework for corporations that integrates all the ...recognized principles of sustainability now being discussed in boardrooms all over the world. The book provides a step-by-step approach on integrating sustainability principles into the activities of the board of directors including detailed guidance on legal, regulatory and business aspects of organizing and operating board committees and designing the sustainability management unit. Essential topics covered include:
Elements of an effective framework for implementation of sustainability governance, including required policies, procedures and committee charters
Organization of the governing board to effectively address sustainability issues and implement sustainability strategies
Best practices and processes to engage company stakeholders
Corporate board members and attorneys will appreciate the book's practical forms and checklists, complete coverage of all facets of sustainability governance, summaries of relevant international and national guidelines and instruments, and a curated list of samples and case studies from companies all around the world.
Longtemps méconnue, la médiation, comme mode alternatif de résolution de conflits, connaît actuellement un essor très important. Le désengorgement des tribunaux, la réduction des coûts et de la durée ...de procédure en constituent les principaux atouts. Ce n’est toutefois que très récemment que la médiation s’est imposée au sein de la protection juridique X comme faisant partie intégrante de son dispositif proposé aux assurés. Par définition, le juriste ou l’avocat ne cherche pas à comprendre la cause du conflit et les émotions qu’il génère mais tente, par tous les moyens, d’apporter une solution. En revanche, le médiateur se concentre précisément sur les affects et tente de faire émerger une solution chez les médiés en travaillant sur leur attitude collaborative. Ce travail permet de garantir une solution pérenne, rapide et peu coûteuse. Tout l’enjeu est de convaincre tant les collaborateurs de la protection juridique du bienfondé du processus proposé que les autres acteurs du pouvoir judiciaire. Le principe de confidentialité qui est la clé de voûte du processus de médiation implique que les activités du juriste et du médiateur soient dissociées. C’est ce qui explique que les entreprises de protection juridique ont de plus en plus recours à des structures de médiation indépendantes et dissociées financièrement parlant. Ce Cortica journal Club se permet de poser la question : « Assurance de protection juridique : quelle place pour la médiation ? » et tente d’y répondre.
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