Academic literature on the topic 'Business enterprises – Law and legislation – United States'
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Journal articles on the topic "Business enterprises – Law and legislation – United States"
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Guinnane, Timothy, Ron Harris, Naomi R. Lamoreaux, and Jean-Laurent Rosenthal. "Putting the Corporation in its Place." Enterprise & Society 8, no. 3 (September 2007): 687–729. http://dx.doi.org/10.1017/s1467222700006224.
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This article challenges the idea that the corporation is a globally superior form of business organization and that the Anglo-American common-law is more conducive to economic development than the code-based legal systems characteristic of continental Europe. Although the corporation had important advantages over the main alternative form of organization (partnerships), it also had disadvantages that limited its appeal to small- and medium-sized enterprises (SMEs). As a result, when businesses were provided with an intermediate choice, the private limited liability company (PLLC) that combined the advantages of legal personhood and joint stock with a flexible internal organizational structure, most chose not to organize as corporations. This article tracks the changes that occurred in the menu of business organizational forms in two common-law countries (the United Kingdom and the United States) and two countries governed by legal codes (France and Germany) and presents data showing the rapidity with which firms in each country responded to enabling legislation for PLLCs. We show that the PLLC was introduced first and most easily in a code country (Germany) and last and with the most difficulty in a commonlaw country (the United States). Late introduction was associated with prolonged use of the partnership form, suggesting that the disadvantages of corporations did indeed weigh heavily on SMEs.
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Narimani, Bagher, Alireza Lotfi, and Mozaffar Bashokooh. "Sole companies: analysis and feasibility in Iran and the United States of America." Cuestiones Políticas 40, no. 73 (July 29, 2022): 955–64. http://dx.doi.org/10.46398/cuestpol.4073.55.
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The purpose of the article was to analyze the legislation governing sole proprietorships in Iran. Although the new draft commercial law and the existing laws in European and American companies indicate the possibility of forming a sole proprietorship, it is not possible in Iran to form a sole proprietorship under the existing regulations, especially the existing commercial law. Methodologically in the essay, based on a comparative study on American commercial law and through analytical issues, we point out that, from the analytical (not legal) point of view, the formation of such corporations not only does not face any strong obstacles, but also, it can be beneficial in various ways. We then present the benefits of the Single Corporation and finally discuss the administration and liquidation of these Corporations. Everything allows us to conclude that, the idea of forming a sole corporation is unusual in Iran, but it is also accepted by the state-owned companies. Therefore, the Iranian legislator can develop this idea and apply it to private business enterprises. However, it is noted that permission to run such companies should be considered while ensuring the rights of third parties.
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Weideman, Jeanette, and Leonie Stander. "European and American Perspectives on the Choice of Law Regarding Cross-Border Insolvencies of Multinational Corporations – Suggestions for South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 5 (June 1, 2017): 133. http://dx.doi.org/10.17159/1727-3781/2012/v15i5a2522.
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An increase in economic globalisation and international trade has amounted to an increase in the number of multinational enterprises that have debt, own assets and conduct business in various jurisdictions around the world. This, coupled with the recent worldwide economic recession, has inevitably caused the increased occurrence of multinational financial default, also known as cross-border insolvency (CBI). The legal response to this trend has, inter alia, produced two important international instruments that were designed to address key issues associated with CBI. Firstly, the United Nations Commission on International Trade Law (UNCITRAL) adopted the UNCITRAL Model Law on Cross-Border Insolvency (the Model Law) in 1997, which has been adopted by nineteen countries including the United States of America and South Africa. Secondly, the European Union (EU) adopted the European Council Regulation on Insolvency Proceedings (EC Regulation) in 2000. Both the EC Regulation and Chapter 15 adopt a “modified universalist” approach towards CBI matters. Europe and the United States of America are currently the world leaders in the area of CBI and the CBI legislation adopted and applied in these jurisdictions seems to be effective. As South Africa’s Cross-Border Insolvency Act is not yet effective, there is no local policy guidance available to insolvency practitioners with regard to the application of the Model Law. At the basis of this article is the view that an analysis of the European and American approaches to CBI matters will provide South African practitioners with valuable insight, knowledge and lessons that could be used to understand and apply the principles adopted and applied in terms of the EC Regulation and Chapter 15, specifically the COMI concept, the “establishment” concept in the case of integrated multinational enterprises and related aspects.
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Szasz, Paul C. "The United Nations Legislates to Limit its Liability." American Journal of International Law 81, no. 3 (July 1987): 739–44. http://dx.doi.org/10.2307/2202029.
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By now everyone in the United States, certainly every lawyer, must be conscious of the tort liability crisis and the consequent liability insurance crisis. Private individuals, businesses, not-for-profit enterprises and even governmental units, from school boards to the federal Government, are finding that the damages they have to pay or their insurance costs are skyrocketing, sometimes catastrophically or even cripplingly; as a result, worthwhile events must be canceled and valuable facilities are idled. Although it may be thought that these mundane concerns cannot affect an international organization—even one, like the United Nations, based in the United States—that surely it can shelter itself with its immunity, this unfortunately is not so. Although the United Nations, like other intergovernmental organizations, does enjoy full jurisdictional immunity, based generally upon its Charter but more specifically on international treaties and even national legislation, there is somewhat less to this protection than meets the uninformed eye. Since their member states expect the organizations they establish to be good international citizens, they have prohibited them from hiding behind their functional immunity for the purpose of evading either contractor tort-related responsibilities. Indeed, they may only use their immunity in order to avoid litigation in a national court or some other inappropriate forum; but if they cannot resolve a dispute, for example with a tort claimant, they must offer some other suitable means of settling the matter, such as by arbitration.
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PETROVA, A. V. "SUSTAINABLE CORPORATE GOVERNANCE OF AMERICAN SOCIAL ENTERPRISES UNDER THE PRESSURE OF NEW TRENDS." Economic Problems and Legal Practice 20, no. 1 (February 28, 2024): 76–83. http://dx.doi.org/10.33693/2541-8025-2024-20-1-76-83.
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With minimal federal regulation, state legislation and precedent in the United States, the institutional environment for social enterprises, the development of social responsibility of business and sustainable corporate governance has generally been formed. It is distinguished by active support for social initiatives of business, a minimum of administrative barriers and interference in matters of their internal management, and the presence of special legal regimes. At the same time, the economic effectiveness of sustainable corporate governance is not known; its principles are also not enshrined at the federal level, but are implemented through the charters of corporations and social entrepreneurship organizations. The type and specifics of sustainable management depend on the type of organization. They are fully implemented in the organizational and legal forms of SPC and BC. The main problem in implementing the principles of sustainable management by the owners and management of social corporations remains the search for a balance between profit and social interests, including an objective assessment of the level of achievement of the latter. This balance is achieved not by the application of corporate law, which varies from state to state, but by the application of the business judgment rule, based on precedent, which implies a high degree of discretion and the difficulty or even impossibility of an objective assessment. Sustainable corporate governance is under increasing pressure from multidirectional non-economic trends leading to socialization, greening and politicization of business to the detriment of its traditional goals. The American federal, decentralized model of legal regulation of social entrepreneurship does not correspond to the development trends of the Russian legal system, where the trends of centralization of regulation dominate. The American legal model of sustainable corporate governance is implemented mainly in large international corporations, which no longer exist in Russia, which significantly reduces the relevance of the experience.
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Oluwasemilore, Ifeoma Ann. "Nigerian intellectual property protection for small and medium-sized enterprise (SME) fashion designers in the digital economy." South African Intellectual Property Law Journal 10, no. 1 (2022): 38–65. http://dx.doi.org/10.47348/saipl/v10/a3.
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Nigerian fashion entrepreneurs are finding the market increasingly appealing due to the growing viability of small and medium-size enterprises (SMEs) in the fashion industry, particularly online retail fashion stores, and the easy accessibility of the Internet and digital media. However, with intellectual capital being the hallmark of the fashion industry, the nearly constant violation of intellectual property (IP) rights is a threat to the fashion sector’s continued existence and profitability in Nigeria. Fashion businesses are thwarted by an antiquated IP regime and the conflicting decisions of the courts on infringement cases which continue to frustrate the marketing of fashion brands on social media. This study used a descriptive and analytical approach, relying on both primary and secondary data, to analyse and assess the laws available for the protection of fashion designers’ intellectual works. The study also considers the various developments in fashion IP protection in more advanced countries, such as the United States and in the European Union, and makes practical recommendations to support the growth of IP law, fashion legislation and the Nigerian fashion industry in the digital economy.
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Fruscione, Alessandro. "Article: The European Commission Proposes a Regulation to Ban Products Made With Forced Labour." Global Trade and Customs Journal 18, Issue 3 (March 1, 2023): 120–24. http://dx.doi.org/10.54648/gtcj2023013.
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On 14 September 2022, the European Commission presented a proposal for a Regulation (Proposal for a Regulation of the European Parliament and of the Council banning products made with forced labour on the Union market, COM (2022) 453 final of 14 September 2022, https://eurlex. europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52022PC0453) aimed at banning from the EU market products made with forced labour. The proposal – which concerns both imported products and those manufactured in the Union territory to be destined for internal consumption or export and does not focus on specific types of enterprises, thus also affecting very small ones – will now have to be discussed and approved by the European Union Parliament and Council to become an effective legislative act and will apply after twenty-four months from its entry into force. The Regulation Proposal of the European Commission appears to be wide-ranging, and doesn’t identify – at least in this first phase – specific product categories or certain producer countries, unlike what was decided by other countries (For example, the United States of America, in the framework of the bans on the import of goods made with forced labour, on 21 June 2022 adopted the Uyghur Forced Labor Prevention Act (UFLPA), which tightens the ban on imports into the USA for products made with forced labour in China, particularly in the Xinjiang Uyghur Autonomous Region). The most immediate effect of the desirable approval of the Proposal in question will be represented, for Union economic operators, by the need to carry out even more careful due diligence on supply chains and, more generally, on the reliability of their suppliers, in order to mitigate the risks of placing on the market products obtained by resorting to modern slavery. Forced labour, Regulation, Importer, Exporter, Slavery, Products, Manufactured, Ban, Market, Work conditions
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KIM, Tae Hyun, and Seok Jin SON. "A Study on Fair Hiring Procedures." Institute for Legal Studies Chonnam National University 43, no. 2 (May 31, 2023): 215–43. http://dx.doi.org/10.38133/cnulawreview.2023.43.2.215.
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Recruitment is a process whereby a job seeker (employer) seeks to establish an employment relationship with a job applicant (worker) while attempting to minimize future risks by thoroughly evaluating the job seeker. For a long time, recruitment has been considered an area of free management behavior for employers. However, according to the Constitution, job seekers are entitled to dignity and the pursuit of happiness (Article 10), equality and protection against discrimination (Article 11(1)), freedom to choose their occupation (Article 15), public service (Article 25), the right to work (Article 32), and the right to live as a human being (Article 34). The right to equality is a fundamental norm that has the nature of a natural right and is widely applied today not only in the relationship between the state and individuals but also in the relationship between individuals and individuals. Therefore, it should be applied not only in the recruitment of employees by the state or public organizations but also in the recruitment of employees by private companies. A 2019 survey by the Korea Institute of Labor Research found that blind recruitment promotes fairness and that job competency through blind recruitment is relatively high. It is essential for our society to ensure fair recruitment opportunities, as work enables workers to make a living and realize their potential. It is our challenge to secure fairness in recruitment while selecting talented individuals with excellent job skills, and society will develop in a positive direction. Consequently, the Act on Fairness in Recruitment Procedures has been amended to expand the use of blind recruitment. While the regulations under the ｢Fair Hiring Procedure Act｣ may raise concerns about infringement on the freedom of business or enterprise, the public purpose of the law justifies it, even if there is some restriction on business or enterprise freedom. As a society, we must continue to discuss improvements and complementary points regarding the introduction and activation of blind recruitment. In the meantime, fairness has become a hot topic, and companies have been incorporating artificial intelligence (AI) into their recruitment processes in recent years. For human resources teams, AI interviews are the best way to promote “fairness” and “objective evaluation” in hiring, in addition to saving time and money. However, AI is prone to bias and discrimination. This has resulted in various discussions and legislation in the United States and Europe to prevent bias in AI recruitment and promote fairness, transparency, and accountability. Employers who want to use AI recruitment must obtain the consent of job seekers in advance, explain how AI recruitment works to job seekers, and undergo an external audit of its fairness. As legal liability, fairness, and privacy will likely become issues in Korea due to AI recruitment in the future, it is necessary to revise the ｢Fair Hiring Procedure Act｣ by referring to legislative examples and actual cases in the United States and Europe to prepare for this.
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Topchiy, Vasyl, Maksym Zabarniy, and Nataliya Lugina. "APPLICATION OF THE METHOD OF SWOT-ANALYSIS AS A MEANS OF STRATEGIC PLANNING DURING THE INVESTIGATION OF CRIMINAL CASES IN THE FIELD OF ECONOMICS IN BORDERS." Baltic Journal of Economic Studies 6, no. 3 (August 5, 2020): 166–70. http://dx.doi.org/10.30525/2256-0742/2020-6-3-166-170.
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A cooperation between states in criminal cases is carried out in order to achieve the goals of justice and may exist at the stage of pre-trial investigation, trial, as well as after the entry into force of a court decision (sentence, ruling). Forms of international cooperation in the investigation of criminal cases are quite diverse. The main ones are: providing legal assistance, which consists in carrying out procedural actions, because during the investigation and trial of criminal cases there is often a need to gather evidence abroad by questioning defendants, victims, witnesses, experts, conducting searches, examinations, court inspections, seizure and transfer of items, delivery, and forwarding of documents, etc.; extradition of persons for criminal prosecution or for the execution of a court sentence; arrest, search and confiscation of proceeds of crime (states undertake to cooperate in the investigation of money laundering; assist in the investigation and take appropriate measures: to freeze bank accounts, seize property to prevent its concealment; confiscate proceeds of crime or property, value of which corresponds to the value of income, etc.). The normative basis for the international cooperation in the investigation of criminal cases is the European Convention on Mutual Assistance in Criminal Matters dated April 20, 1959; the Criminal procedural code of Ukraine; Methodical recommendations of the General Prosecutor’s Office of Ukraine; Order No. 223 “On the organization of the work of the Prosecutor’s Office of Ukraine in the field of international legal cooperation” dated September 18, 2015. The legal basis for international cooperation in criminal matters is the current bilateral and multilateral international treaties of Ukraine, the binding nature of which has been approved by the Verkhovna Rada of Ukraine. Among the multilateral international agreements, there should be noted the European conventions on criminal justice: the European Convention on the Extradition with two additional protocols to it, the European Convention on Mutual Assistance in Criminal Matters with an additional protocol to it, the European Convention on the Transfer of Proceedings in Criminal Matters, The Convention on the Transfer of Sentenced Persons with an additional protocol, The European Convention on the Supervision of Conditionally Sentenced or Conditionally Released Offenders, the Convention on Laundering, Search, Seizure, and Confiscation of the Proceeds from Crime and the European Convention on the International Validity of Criminal Judgements. In addition, the Commonwealth of Independent States has the 1993 Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters and its 1997 Protocol; within the framework of the United Nations, there is the Convention on Transnational Crime of 2000, together with two Protocols thereto. These multilateral international agreements establish a uniform sphere of cooperation between law enforcement and judicial authorities in relation to all European countries. Today, the most effective is the method of “SWOT-analysis”, which is currently recognized in the scientific community as one of the most popular tools in strategic planning of social processes, including in the investigation of criminal cases. Although the type of analysis is still considered by most scientists as Bohomolova Ye., (2004) a method of marketing research of enterprises in the market in the context of business practice, the object of “SWOT-analysis” can be as legislation, the practice of its application and prospects of their improvement, and materials of criminal cases. Methodology. Achieving the purpose of this publication is ensured by the use of cognitive philosophical, general scientific and special methods, among which the main are analysis and synthesis, comparative law method, which allow to identify prospects for the use in criminal cases of the method of “SWOT-analysis”, which is currently recognized in the scientific community as one of the most popular tools in strategic planning of social processes. Methods of grammatical review and interpretation of legal norms have helped to identify gaps in the legislation governing the investigation of criminal cases, in particular in the field of economics, and to develop proposals for its improvement. Practical importance. International cooperation in criminal proceedings is an organizationally complex process, which requires the use of effective and efficient methods to perform the tasks of criminal proceedings, respect for the rights and freedoms of all participants in the process, including not violating a reasonable time in the investigation. To date, science has developed many methods of analyzing the law, the practice of their application, and identifying ways to improve legislation, taking into account the results of forecasting the prospects for society and the state. To ensure a high level of quality of criminal investigations in the framework of international cooperation, it is necessary to choose the one that will give the most effective results and allow to formulate the most optimal proposals in a particular criminal case and the practice of their application. An attempt to solve this problem is presented in this study.
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Canivell, Joaquin Martin. "L’esperienza spagnola nella difesa della concorrenza." Journal of Public Finance and Public Choice 8, no. 2 (October 1, 1990): 125–28. http://dx.doi.org/10.1332/251569298x15668907345063.
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Abstract The promulgation of the new Italian Law for the protection of competition and the market urges a comparison with the corresponding Spanish legislation, taking also account of its evolution.In 1963 a first competition law was introduced in Spain as a consequence of a request by the United States, whose intention was to increase its business activities in Spain. Another justification of the interest of Spain for introducing this law was the idea that it could be a step forward the European Common Market.This law was not very effective and, furthermore, its life has not been very easy, though it included the main legal definitions of the EEC Treaty, in particular provisions for cartels and for abuse of a dominant position. In addition, the Spanish law introduced a definition for «dominant position».In order to implement the law, two organisms have been created: the «Service for the Defence of Competition” and the Tribunal having the same name.Both the law and the administrative system organized on its basis became almost useless, because for the first two decades very few decisions had been taken and the only proposal by the Tribunal to the Government for inflicting a sanction was not approved. By consequence, the Tribunal made no other attempts to propose measures to the Government.The revival came after the introduction in Spain of the Constitution, which was promulgated in 1978 and which established, in art. 38, a free-enterprise system in the framework of a market economy to be protected by the public authorities.A judgement by July 1st, 1986, of the Constitutional Court, confirmed that competition is a component of the market economy which protects rather than restrict the freedom of enterprise.By the end of 1985 the Service for the Defence of Competition started a new life. The same happened with the activities of the Tribunal. The number of examinations increased and after 1988 the Tribunal tried again to inflict sanctions, and it was successful.A new law for the protection of the competition was approved by the Parliament on July 17th, 1989 and is in force in Spain since that time. It is founded on the EEC Treaty and it also benefits from the experience with the previous law.Cartels and abuse of dominant position are the main objects of the law which introduced, in addition, the case of «unfair competition».The Tribunal can injunct to the undertakings to suspend their action and to eliminate its consequences. Another innovation of the law was the attribution to the Tribunal of the power to inflict fees up to 150 million pesetas (about 1,7 billion Italian lire), to be increased until the 10 per cent of the turnover.As it was with the first law, two organs are committed to the safeguard of competition: the Service for the Defence of Competition and the Tribunal. The Service has the assignment to start preliminary investigations, to supervise the enforcement of the judgements of the Tribunal, to keep the register with the annotations of authorizations, prohibitions and concentrations and to make studies on the economic system.The Tribunal is an organ of the Ministry for Economy and Finances, but is functionally independent. Its eight members (economists and lawyers) and the president are appointed by the Government for six years and can be confirmed. The president is Secretary of State and the members have the rank of general directors. Decisions are taken by the Tribunal with a majority of six votes (including that of the president or of the vicepresident).Apart from its judiciary powers, the Tribunal can express opinions and give advices upon request by the Parliament, by the Government or by Ministers, as well as by local governments, by unions and by organizations of producers and consumers.The Tribunal has also the power to authorize agreements and other actions prohibited by the competition legislation, on the basis of these reasons: 1) productive improvements or better wholesalers’ organization, technical or technological progress; 2) partecipation by the consumers to the resulting benefits.No limitations to competition can be introduced in order to obtain such results. Competition cannot be eliminated from the market or from a relevant part of it.Such authorizations are not retroactive and can be renewed or revoked.On the subject of economic concentrations, the Tribunal can take action only on request by the Minister for Economy and Finances. The notification by undertakings is voluntary. The advice provided by the Tribunal to the Minister is not binding, since the power to decide on concentrations is entirely under the responsibility of the government.The rules of procedure adopted by the Tribunal and the Service are flexible and effective in order to guarantee the rights of the citizens. The judgements of the Tribunal can be taken to the Civil Courts. Also damage compensation is decided by the Civil Courts.At the moment, there are not yet cases on the basis of the new law and those pending follow the rules of the old law.Some authorizations, instead, have been decided already by the Tribunal whose advice has been requested twice on cases of concentration.New regulations for authorizations by category will be issued in the next future. Other rules for cases of individual authorization will also be provided.The number of cases submitted to the Tribunal increases and the number (as well as the amount) of fees goes up as the public opinion realizes how beneficial can be competition for the general welfare.
Dissertations / Theses on the topic "Business enterprises – Law and legislation – United States"
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Rothaermel, Thomas. "Possibilities of securing and exercising family influence in U.S. companies a comparative analysis." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=81229.
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This work focuses on the special problems in the context of drafting the corporate charter and bylaws for American corporations the stocks of which are mainly owned by the members of one family. Although the ownership structure would also allow a partnership organization, there can be good reasons for choosing the corporate structure. Nevertheless, the family owners will want to preserve a partnership-like structure and a maximum amount of ownership influence. However, the three-tiered structure of the corporation (board of directors, officers, and shareholders) and their individual functions are fixed by a "statutory model" that the courts tend to adhere to and that has often been written into positive corporate statutes.Hence, for each organizational level, this work tries to fathom the permissible deviations from the statutory model in order to maintain and exercise family influence.
Furthermore, the special legal forms provided by the legislators (especially "close corporation status") will be considered.
Because American corporate law is within the province of the state legislators, the work takes a comparative approach. Guided by the criteria of practical applicability and comparative interest, the Model Business Corporation Act as well as the state laws of Delaware, New York, California, and Nevada were selected.
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Stricker, Bette Eckard. "The effects of Department of Defense acquisition reform on women-owned small businesses and small disadvantaged businesses." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2004. http://library.nps.navy.mil/uhtbin/hyperion/04Dec%5FStricker.pdf.
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Ramaswamy, Muruga Perumal. "Combating challenges in E-business: scope and limitations of international law and national legal measures in USA and China and therole of Hong Kong as a hub." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2010. http://hub.hku.hk/bib/B43877655.
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Jones, Stephen C. (Stephen Clark). "Predicting Small Business Executives' Intentions to Comply with the Americans with Disabilities Act of 1990 Using the Theories of Reasoned Action and Planned Behavior and the Concept of Offender Empathy." Thesis, University of North Texas, 1998. https://digital.library.unt.edu/ark:/67531/metadc277842/.
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This study attempted to determine if the theories of reasoned action (TRA) and planned behavior (TPB), as well as a relatively new construct called offender empathy, could help to predict the intentions of small business executives (SBEs) to comply with the employment provisions of the Americans with Disabilities Act (ADA) of 1990.
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Pishay, Anthony Abdalnor. "The fall of Enron and its implications on the accounting profession." CSUSB ScholarWorks, 2003. https://scholarworks.lib.csusb.edu/etd-project/2380.
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Kennedy, David Alan. "The ideal asset/liability model for credit unions (with assets between $100 - $500 million)." CSUSB ScholarWorks, 2004. https://scholarworks.lib.csusb.edu/etd-project/2699.
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This project focused on developing the ideal Asset / Liability Model for credit unions with assets between one hundred million and five hundred million dollars. Ideally the model should be closely aligned with that of a successful credit union at the high end of this range. SELCO Community Credit Union of Eugene Oregon was used in creating the model.
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Stultz, Henry Eugene. "An analysis of the Federal and California False Claims Acts and the implications for the California Department of Transportation." CSUSB ScholarWorks, 2004. https://scholarworks.lib.csusb.edu/etd-project/2562.
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The construction of state highway projects is bid out each year at approximately three billion dollars. Claims from contractors for additional compensation are common. This paper investigates the policies and procedures for handling claims and explores the False Claims Act case law and its implications for the Department of Transportation's contract administration.
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Siddiqui, Shariq Ahmed. "Navigating Identity through Philanthropy: A History of the Islamic Society of North America (1979 - 2008)." Thesis, Indiana University, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=3665939.
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This dissertation analyzes the development of the Islamic Society of North America (ISNA), a Muslim-American religious association, from the Iranian Revolution to the inauguration of our nation's first African-American president. This case study of ISNA, the largest Muslim-American organization in North America, examines the organization's institution-building and governance as a way to illustrate Muslim-American civic and religious participation. Using nonprofit research and theory related to issues of diversity, legitimacy, power, and nonprofit governance and management, I challenge misconceptions about ISNA and dispel a number of myths about Muslim Americans and their institutions. In addition, I investigate the experiences of Muslim-Americans as they attempted to translate faith into practice within the framework of the American religious and civic experience. I arrive at three main conclusions. First, because of their incredible diversity, Muslim-Americans are largely cultural pluralists. They draw from each other and our national culture to develop their religious identity and values. Second, a nonprofit association that embraces the values of a liberal democracy by establishing itself as an open organization will include members that may damage the organization's reputation. I argue that ISNA's values should be assessed in light of its programs and actions rather than the views of a small portion of its membership. Reviewing the organization's actions and programs helps us discover a religious association that is centered on American civic and religious values. Third, ISNA's leaders were unable to balance their desire for an open, consensus-based organization with a strong nonprofit management power structure. Effective nonprofit associations need their boards, volunteers and staff to have well-defined roles and authority. ISNA's leaders failed to adopt such a management and governance structure because of their suspicion of an empowered chief executive officer.
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ANDERSEN, Sara Helene. "Businesses and human rights : a comparative study of the United States, England and Denmark using Third World approaches to international law." Doctoral thesis, 2018. http://hdl.handle.net/1814/55904.
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Defence date: 14 June 2018Examining Board : Professor Giorgio Monti, European University Institute ; Professor Martin Scheinin, European University Institute ; Professor Wouter Vandenhole, University of Antwerp ; Professor Vibe Garf Ulfbeck, University of Copenhagen
The doctoral dissertation assesses the effectiveness of the current solutions for transnational corporate accountability in regard to human rights focusing on the United States, England, and Denmark from a critical perspective of Third World Approaches to International Law (TWAIL). This issue has evolved because corporations increasingly face human rights challenges in a competitive global business environment across different industries, including the textile sector, the extractive industry, and the oil industry to name a few examples. The thesis mapped out the current binding human rights obligations of corporations and compared the efficacy of the three jurisdictions’ use of transnational human rights litigation, multi-stakeholder initiatives (MSIs), the UN Guiding Principles on Business and Human Rights (UNGPs) and national action plans (NAPs). The legal frameworks form a necessary postmodern polycentric governance approach to the issue but are insufficient from a comparative- and TWAIL perspective in preventing or remedying corporate human rights violations because of their incoherent, uncertain and non-binding nature. The current frameworks do not adequately address the reality of certain developing states’ need to attract foreign direct investment by keeping their regulatory systems powerless. TWAIL scholars point out that in particular international financial- and economic institutions such as the World Bank, IMF, and WTO undermine developing states’ human rights governance capacity. To address this problem, the thesis assessed the added value of the UN Business and Human Rights Treaty Proposal from a TWAIL perspective and found that it has potential to solve the structural imbalances between companies and host states. However, the thesis proposes new treaty obligations for states, corporations, and international financial-and economic institutions to provide more legal certainty, greater democratic influence and access to justice for Third World human rights-holders than the current options provide. Compared to existing literature, this thesis contributes with a new profound legal and empirical analysis integrating recent case law to assess the efficacy of corporate accountability for human rights using both a Global North and TWAIL perspective. The thesis concludes that the proposed adjustments facilitate consensus on a binding multilateral treaty considering the economic and competitive advantages for both Global North- and South states and businesses as well as the empowerment of the transnational judicial system for Third World communities.
Chapter 3 'Judicial Accountability' of the PhD thesis draws upon an earlier version published as chapter 'Transnational corporate liability for gendered harms in the fashion sector from an American and Danish perspective' (2015) in the book 'Human rights and business : direct corporate accountability for human rights'
Books on the topic "Business enterprises – Law and legislation – United States"
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Bufford, Samuel L. United States international insolvency law. New Providence, N.J: LexisNexis, 2015.
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McAdams, Tony. Law, business, and society. 7th ed. Boston: McGraw-Hill/Irwin, 2004.
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Cheeseman, Henry R. Business law: Legal environment, online commerce, business ethics, and international issues. 6th ed. Upper Saddle River, N.J: Pearson Prentice Hall, 2006.
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Halsey, Brian J. Legal environment of business: Business law and business entities. New York: Wolters Kluwer Law & Business, 2011.
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Institute, Pennsylvania Bar. Starting up a foreign business in the United States. [Mechanicsburg, Pa.]: Pennsylvania Bar Institute, 2010.
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Cheeseman, Henry R. Business law: The legal, ethical, and international environment. Englewood Cliffs, N.J: Prentice Hall, 1992.
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Ribstein, Larry E. Unincorporated business entities. New Providence, NJ: LexisNexis, 2013.
Find full textBook chapters on the topic "Business enterprises – Law and legislation – United States"
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Vargas Vasserot, Carlos. "Social Enterprises in the European Union: Gradual Recognition of Their Importance and Models of Legal Regulation." In The International Handbook of Social Enterprise Law, 27–45. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-14216-1_3.
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AbstractThis chapter addresses social enterprises as a special corporate category, which in some European jurisdictions, and increasingly so after their promotion by the European Union, are provided with a specific legal framework to promote and encourage their development. The paper begins with a brief compilation of the several social enterprise concepts developed by economic doctrines both in the United States and Europe, which reveal a great diversity of approaches. This is followed by an analysis of the various documents published by the European Union, showing the increasing recognition of this business phenomenon, from the publication of the Social Business Initiative in 2011 to the recent Action Plan for the Social Economy in 2021. Finally, the results obtained from the analysis of the different European legal systems are presented, and three main models of legal regulation of social enterprises are distinguished, namely, the use of the social cooperative form, enactment of a special law, and integration into a social economy law. The chapter concludes with a table comparing the essential aspects of the regulation of social enterprises in 14 European countries.
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Celeste, Edoardo, and Federico Fabbrini. "Competing Jurisdictions: Data Privacy Across the Borders." In Palgrave Studies in Digital Business & Enabling Technologies, 43–58. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-54660-1_3.
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Abstract Borderless cloud computing technologies are exacerbating tensions between European and other existing regulatory models for data privacy. On the one hand, in the European Union (EU), a series of data localisation initiatives are emerging with the objective of preserving Europe’s digital sovereignty, guaranteeing the respect of EU fundamental rights and preventing foreign law enforcement and intelligence agencies from accessing personal data. On the other hand, foreign countries are unilaterally adopting legislation requiring national corporations to disclose data stored in Europe, in this way bypassing jurisdictional boundaries grounded on physical data location. The chapter investigates this twofold dynamic by focusing particularly on the current friction between the EU data protection approach and the data privacy model of the United States (US) in the field of cloud computing.
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Lavey*, Warren G. "United States: Tax Effects of Internet Telecommunications Services." In Global E-Business Law & Taxation, 435–56. Oxford University PressNew York, NY, 2009. http://dx.doi.org/10.1093/oso/9780195367218.003.0027.
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Abstract It is popular to say both that “the Internet changes everything” and that “death and taxes are inevitable.” According to this framework, it may be tempting to think about the issue of taxes on Internet telecommunications services as a new, unstoppable force (the Internet) meeting an immovable object (taxes). However, this framework is flawed in that both telecommunications services and taxes applicable to telecommunications services have been changing for at least a century, long before the advent of the Internet. Government authorities have proven quite adept at adopting legislation and revising regulations to make new telecommunications offerings and providers subject to high, industry-specific taxes. Since the spread of Internet telecommunications services, there have been changes in some of the taxes applicable to these and other telecommunications services. Yet, the processes of adapting taxes to new telecommunications technologies, offerings, and market structures have shown their resiliency with regard to the growing revenues of Internet telecommunications services and the growing demands for tax collections.
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Robert, McCorquodale. "National Regulation of International Human Rights Responsibilities of Business." In Business and Human Rights. Oxford University Press, 2024. http://dx.doi.org/10.1093/law/9780192855855.003.0007.
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This chapter considers the national regulation of international human rights responsibilities of business. The chapter examines the change over time in states’ responses to regulation in this field, especially since the adoption of the United Nations Guiding Principles on Business and Human Rights 2011 (UNGPs). It explains that the pieces of legislation, which vary widely in their scope and enforcement, are all subject to criticisms in terms of their alignment with the UNGPs.
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Edwards, Vanessa. "The Fourth Directive." In EC Company Law, 117–56. Oxford University PressOxford, 1999. http://dx.doi.org/10.1093/oso/9780198259930.003.0005.
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Abstract The Fourth Directive on annual accounts, like the companion Seventh Directive on consolidated accounts, is an uneasy compromise between two fundamentally different traditions: the prescriptive continental approach, with detailed legislation governing the format of accounts and the methods of valuation and rates of depreciation to be used, and the more pragmatic and flexible Anglo-Dutch practice based on accounting principles subject to a general requirement of a true and fair view. The concessions which were inevitably made in the course of negotiating such difficult middle ground manifest themselves in the numerous options available in the Directive: one commentator quotes ‘no less than 41 options open to the Member States in addition to 35 options left to the business enterprises themselves’. However, although full harmonization may have proved an elusive goal the achievement of the Fourth Directive in imposing certain common minimum reporting and disclosure requirements should not be underestimated.
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Furse, Mark. "China Merger Control." In Antitrust Law in China, Korea and Vietnam, 97–110. Oxford University PressOxford, 2009. http://dx.doi.org/10.1093/oso/9780199285860.003.0006.
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Abstract Given the global importance of Chinese trade and the level of business conducted in China it is possible that ‘China has the potential, alongside the European Union and [the] United States, to develop into a key jurisdiction in deciding whether a transaction can be completed or not’.1 Prior to the enactment of the AML the only laws which governed merger control in China were directed at foreign acquisitions of Chinese enterprises, or related to specific industries.
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Mayes, Robin James, Pamela Scott Bracey, Mariya Gavrilova Aguilar, and Jeff M. Allen. "Identifying Corporate Social Responsibility (CSR) Curricula of Leading U.S. Executive MBA Programs." In Handbook of Research on Business Ethics and Corporate Responsibilities, 179–95. IGI Global, 2015. http://dx.doi.org/10.4018/978-1-4666-7476-9.ch009.
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Our society has witnessed large enterprises collapse from a disregard for Corporate Social Responsibilities (CSR) and illegal and unethical comportments. This chapter provides an understanding of the basic concepts of CSR in the context of lawful and ethical responsibilities, while recognizing the power of CSR branding. Moreover, in accordance with the theory that higher education can elevate the importance of CSR strategies, it reports the results from a qualitative content analysis study identifying explicit and implicit inclusions of CSR, law, and ethics in course titles and descriptions from 20 leading Executive Master of Business Administration (MBA) programs at institutions of higher education in the United States. The results report that while law and ethics are commonly part of the reviewed Executive MBA programs, CSR has minimal representation in these programs.
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George, Erika. "Information and AccountabilityRegulating the Corporate Social Responsibility to Respect Human Rights through Ranking and Reporting." In Incorporating Rights, 147–200. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780199941483.003.0005.
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This chapter argues that regulation can occur through rankings and reporting by providing information about risks to rights allowing concerned citizens to exercise informed choice. This chapter examines the emergence and evolution of selected ranking and reporting frameworks in the expanding realm of business and human rights advocacy. Specifically, it examines how indicators in the form of rankings and reports evaluating the conduct of transnational corporate actors can serve as regulatory tools with potential to bridge a global governance gap that places human rights at risk. It explains the conditions that have led to coordination and collaboration among those entities engaged in creating reporting frameworks and rankings while nevertheless relying upon the competitive impulses of the business enterprises being ranked to assert influence. It also identifies why the businesses being ranked have been slow to deploy effective counterstrategies despite efforts to contest emerging reporting requirements. It considers the interaction of selected business and human rights indicators with recent laws regulating supply chain transparency in the United States and with recent global policy initiatives calling for business enterprises to conduct human rights impact assessments. It reviews some of the methodological and moral risks raised with respect to ranking rights. In conclusion, the chapter argues that in the ecology of global governance, these new business and human rights indicators will provide rights advocates with greater power and have the potential to play an important role in solidifying emerging soft law standards and in strengthening corporate self-regulation. The strategic use of indicators in the business and human rights realm could ultimately prove to make the commitments contained in voluntary codes of conduct to respect human rights obligatory.
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Zhang, Angela Huyue. "Chinese Antitrust Exceptionalism." In Chinese Antitrust Exceptionalism, 1–16. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198826569.003.0001.
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This introductory chapter provides an overview of Chinese antitrust exceptionalism and how it poses challenges to the existing global antitrust policy. Among the world's greatest economic powers, China brings up the rear in adopting modern antitrust law. Despite being a relatively new antitrust regime, China has not hesitated to impose harsh antitrust remedies on offshore merger transactions and intervene in business practices aggressively, departing from the usual approach of Western antitrust authorities. However, China is not only exceptional as an antitrust regulator but also as a target of antitrust regulation. In addition to being the second largest recipient of foreign direct investment (FDI) and a principle importer, China is the world’s largest exporter and one of the leading outward investors. In recent years, the swift expansion of Chinese state-owned enterprises (SOEs) into Europe has raised eyebrows of antitrust regulators. Moreover, Chinese manufacturers, coordinated by government-sponsored trade associations, have had to grapple with successive private lawsuits and hefty fines for operating export cartels in the United States.
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Sockel, Hy, Kuanchin Chen, and Louis K. Falk. "Online Privacy Issues." In Encyclopedia of Multimedia Technology and Networking, Second Edition, 1086–92. IGI Global, 2009. http://dx.doi.org/10.4018/978-1-60566-014-1.ch147.
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Businesses need to understand privacy conditions and implications to ensure that they are in compliance with legal constraints and do not step on consumers’ rights for privacy. Personal identifiable information (PII) and data can have innate importance to an organization. Some organizations view certain privacy features as essential components of their product or services; for example, profile data is often used to tailor products specifically for their customers’ likes and needs. PII can also be used for less-honorable endeavors such as identity theft, phishing, political sabotage, character annihilation, spamming, and stalking. One of the core issues of privacy is: Who actually owns the data, the holder of the data, or the subject (persons) of the data? The answer depends on many criteria: the users’ perspective, the environment that privacy is addressed, and how the data are collected and used. Privacy issues arise because nearly every activity on the Internet leaves traces somewhere. This audit trail has caused many people to be concerned that this data may be inappropriately used. The paradox is that many businesses are also concerned for a different reason. In this age of legislation and litigation, a “minor” misstep or software glitch could easily put businesses in a position of extreme jeopardy. A data breach at T.J. Maxx that allowed hackers to download over 45 million credit/debit card numbers could literally bankrupt the organization. The damage and fines could easily total more than $4.5 billion; some have the figure as high as $8 billion (Ou, 2007). It is important to state that the governments’ approach to the protection of personal privacy is neither equal nor universal. Some localities extend protection much further than others. In 1972, California amended its constitution to specifically include the construct of “a resident’s inalienable right to privacy.” Within the United States, court decisions dealing with privacy have fairly closely upheld two principles (Freedman, 1987): 1. The right to privacy is NOT an absolute. An individual’s privacy has to be tempered with the needs of society; and 2. The public’s right to know is superior to the individual’s right of privacy. However, some large communities were very slow in becoming involved; Japan did not pass its major protection law (“the Act on the Protection of Personal Information”) to protect consumers and to regulate business until 2005 (Yamazaki, 2005).
Conference papers on the topic "Business enterprises – Law and legislation – United States"
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Borbor, J. D., Katinka C. Van Cranenburgh, and Christiaan W. F. Luca. "Social Risk Management as a Response to Increasing International Pressure for Social Performance." In SPE Annual Technical Conference and Exhibition. SPE, 2021. http://dx.doi.org/10.2118/206240-ms.
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Abstract In the past decades, financial institutions have led the way for companies to adhere to international standards for social performance. The journey began in the Industrial Revolution, when negative societal business impacts rapidly escalated, which led people to demand for their management. Initially focused on working conditions, impacts on the environment soon started to gain notice. Halfway through the 20th century, a combination of oil spills and mass media attention generated enough public pressure for the United States to sign the first piece of legislation requiring the environmental impact assessment. With this law and its replication abroad, however, came the concern with social impacts as well. Both environmental and social performance expectations soon spread internationally and, by the 1980s, multilateral financial institutions, most prominently the World Bank, incorporated such considerations into their investment and lending practices, which is the source of all such international standards today. These standards require the establishment of a social management system to integrate risk and impact management processes and stakeholder engagement activities. Given the challenge of implementing these requirements, a social risk management development framework is proposed to bring together the extensive and multidisciplinary demands of effective social performance. Five development areas are proposed: governance, social policy, tools, resourcing and capacity, and knowledge sharing. This is an important step to take today as it is expected that the next decades will see these international demands increase, possibly by ever increasing governmental regulation.
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Urošević, Miroslav, Sara Čer, Dejan Beuković, Jovan Mirčeta, Beata Abramowicz, and Miroslava Polovinski-Horvatović. "Deer farming as profitable agribussines: The hidden potential in Serbia." In Zbornik radova 26. medunarodni kongres Mediteranske federacije za zdravlje i produkciju preživara - FeMeSPRum. Poljoprivredni fakultet Novi Sad, 2024. http://dx.doi.org/10.5937/femesprumns24039u.
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The farming of deer (Cervidae family) has increased globally during the last decades, both in the number of farming operations and the economic output. The increasing interest of consumers in the so-called "freerange products" is reflected in the worldwide development of wild animal farming. Deer are farmed on multiple continents for multiple markets including products such as venison, velvet, urine and antlers. New Zealand is by far the largest exporter of deer meat (venison) and products in the world. Venison equates to 91 percent of the total volume of their deer products exported, however is just over 58 percent of the value. In the United States of America (USA) deer farming as alternative agricultural pursuit is a promising way to preserve the traditional rural way of life while taking advantage of a booming industry. In Europe, production and consumption data for farmed deer are scarce. An exception could be the report of EFSA (European Food Safety Authority) 10 years ago. It stated that approximately 280.000 deer, predominantly Red deer (Cervus elaphus) and Fallow deer (Dama dama) are farmed in Europe, but less than half of these are slaughtered annually. In Serbia and throughout Europe, venison from deer has increased in popularity and market value owing to its high nutritional value, excellent eating attributes, environmental sustainability, and deep cultural roots. Concomitantly, cattle production has become less profitable and production has decreased over the last two decades leading to protests and economic stagnation in rural Serbia. The low labour regime for deer farming (1 hour work/ per day) means that it can easily complement other livestock and arable enterprises. Dairy cattle farms, with existing buildings, are ideally suited for conversion to deer. In the future, deer farming will increase in Central-, Southeast Europe; smaller farms tend to fallow deer - bigger farms to red deer. Venison is an emerging agro-industry throughout Europe and deer farming has the potential to bolster declining agricultural markets in Serbia. Currently in Serbia all venison is derived from hunted animals, farming does not yet occur. The challenge in Serbia is therefore to harmonize production, regulation and markets with the European Union while making the Serbian venison market equitable, sustainable and profitable. Regulations must be harmonized with European Union, educational programming for deer farmers need to be developed, and venison markets need to be created. As an example, in the Animal welfare law in Serbia it is not present any definition of deer or wild game farm. Consequently, there are no guidelines about the conditions of accommodation, housing, feeding, management and handling. Also, in the Regulation about animal transport there is a lack of rules about the transport of wildlife (or game animals) as well as on the provision of relevant certificate of competence for drivers or handlers. National legislation about meat production in Serbia should consistently define "small quantities", "local sales" and "direct supply to the final consumer" for the purposes of supply of in-fur carcasses.