Globaloney: Economic Versus Cultural Convergence Under Conditions of Globalization

Using the theory of the commons and social obligation theory of inclusion, this article critically examines current art museum fundraising practices in the United States that rely too much on traditional White, wealthy patrons. This leads museums to emphasize the limited interests of traditional donors, neglecting the needs of and potential support from their broader communities. This results in the tragedy of the anticommons, where museums are underused by diverse publics. The article advocates for more inclusive relationship-based fundraising practices that build relationships with local community members and include their perspectives on fundraising practices through diversifying fundraising leadership, understanding diverse giving patterns, and utilizing innovative fundraising methods while remaining sensitive to cultural differences.     

Entrepreneurship from the Ivory Tower: Do Incentive Systems Matter?

There has been a paucity of research to date that has explored whether incentive systems—in the form of monetary payments to inventors, their department or institution, or to university technology transfer office (UTTO) personnel—affect entrepreneurial activities at U.S. universities. To shed light on whether financial incentives to scientists, their departments, and UTTO personnel effect entrepreneurial activity, we used both qualitative data (structured interviews with 128 UTTO directors) and quantitative data from surveys and databases available on the web. Our results show surprisingly and opposite to our theoretical predictions that incentives to scientists and to their departments are negatively related to entrepreneurial activity. In addition and consistent with theory-based predictions, pay to UTTO personnel is positively related to entrepreneurial activity. We conclude with a discussion that offers some implications to research, practice, and theory in the field of technology transfer.     

Mentoring and Change in Cultural Organizations: The Experience of Directors in British National Museums

In management and arts management literature, mentoring is generally associated with social reproduction and emulation, and illustrates a phenomenon that is rather conservative in nature. Rarely is mentoring associated with change. In this article, we explore how mentoring has been a force of renewal for the institutional culture of British museums. This qualitative research brings attention to mentoring as a lever for cultural change through the experience of a new cohort of museum directors—one that has translated a new vision and approach to museums and the public into reality, and has brought forward the Labour government's cultural policy ideals.     

Vandalizing Meaning,Stealing Memory: Artistic,Cultural, and Theoretical Implications of Crime in Galleries and Museums

This paper discusses two different types of crime that occur in art museums: the theft of art objects and the vandalism of works of art. This paper explores the extent to which theft may affect our memory of a given work of art (regardless of whether the object is ultimately recovered), as well as our experience of the museum (especially if efforts are subsequently undertaken to improve security, such as with the Munch Museum following the theft of the Scream). With respect to vandalism, this paper considers whether and how such acts subsequently affect the value we place on the assaulted items as cultural icons and the meaning of the paintings as art objects. This paper argues that how we regard such events should be determined not by their criminality, but by the individual’s or individuals’ intent and the effect of the acts on the meaning and memory of the works.     

The end of shareholder primacy in Indian corporate governance? Says who?!

The Indian Companies Act, 2013 has often been regarded as a ‘radical experiment with corporate purpose’, owing to its strong stakeholder orientation. Under Section 166(2), directors owe a fiduciary duty towards both shareholders and stakeholders, placed at the same level. The approach is pluralistic, without indicating a preference for one over the other. However, we argue that this stakeholder aspiration is limited to theoretical discourse. In terms of the committees that have been established to review Indian corporate law, and the subsequent amendments themselves, the purpose has been unidimensional: protection of shareholder interest. In practice, stakeholder interests do not feature.     

The Impact of District Magnitude on Campaign Fundraising

The number of legislators elected in a single district influences many aspects of state legislative elections. However, there is a dearth of research on how district magnitude influences campaign fundraising. We theorize that the greater competition for funds in multimember districts results in candidates raising less money and encourages them to be more entrepreneurial in their fundraising efforts. Specifically, we expect multimember district candidates to raise contributions from more diverse sets of interests than candidates in single‐member districts, raise more funds out of state, and create more unique financial constituencies. Using data on candidates for Maryland's House of Delegates in 2006 and 2010, we find support for our hypotheses.     

Managing the People: Art Programs in the American Depression

How do “classical” big art institutions (museums, the ballet, the opera, symphony orchestras) react to phenomena of globalization such as migration flows, the “denationalization” of artistic movements, the enormous growth of the number of artists, the trend of a global cultural branding of cities, etc.? And which cultural policies do governments develop to interfere in the relationship between those art institutions and their changing environments? Those were the central questions I asked while doing research about the position of art institutions in society today. The research concentrated on a very diverse sample of big art institutions in Europe. The research begins with the insights of Actor Network Theory and the political philosophy of Antonio Negri and Michael Hardt and leads to an ideal typical two-dimensional model to classify the possible strategies that such institutions and their responsible governments can use on the local, national and international level.     

有效推行独立董事制度的法律思考

独立董事制度特有的价值目标使独立董事必须具备独立性、客观公正性、公司整体利益的代表性。在我国引入独立董事制度,除了要确保独立董事的独立性外,必须建立完善的独立董事激励机制和责任机制,充分调动独立董事的积极性,督促其尽职尽责,更好地行使监督权。     

董事会委员会与公司治理

董事会承担公司的重大决策和监督经理层的角色,但董事会作为会议体机关存在缺陷。董事会委员会的设立可以弥补董事会的缺陷,并有利于独立董事发挥作用。委员会的产生和权力的立法模式不同,美国的模式值得借鉴。典型的董事会委员会包括提名、薪酬和审计委员会,他们在实践中发挥重要作用。我国应当将委员会纳入公司法中,同时委员会制度以及公司治理的完善需要公司法和其他法律、证券交易所规则、公司治理准则、公司章程的协同努力。     

The Impact of Unified Party Government on Campaign Contributions

This article examines the connection between unified party government and campaign contributions. Our central argument is that unified party government confers a substantial, but previously overlooked, fundraising advantage to intra‐chamber majority parties. We examined data on corporate campaign contributions to U.S. House incumbents and state legislators in 17 different legislative chambers. We found a strong fundraising benefit accruing to intra‐chamber majority status across all of these legislatures, but the benefit is heavily conditioned by the presence of unified or divided government. The results offer important implications for our understanding of the financial balance of power in American politics and for the vast scholarly literature on unified party government.     

独立董事法律问题研究

In order to avoid independent directors from being against minority shareholders, and urging them to play the role of checking up big shareholders and insiders with full power in listed companies, the rules for independent directors shall be amended gradually. Currently, the reform on the independent director regime shall be made in some aspects. First, the positions of independent directors shall be held by qualified professionals; Second, independent directors shall pass the exam for such posts; Third, independent directors shall take full-time jobs; Fourth, the firms of independent directors shall be established with limited partnership liability; Fifth, independent directors shall undertake joint liabilities. Guan Xiaofeng, professor of School of Civil and Commercial and Economic Laws, China University of Political Science and Law (CUPL). He is also an arbitrator of China International Economic and Trade Arbitration Committee (CIETAC). He has engaged in teaching and research on civil and commercial laws for a long term, and written a monograph of Introduction to Financial Law. Moreover, he has released over 40 academic papers in respect of commercial, financial and contract law.     

Two steps forward and ten steps backwards: a retreat from shareholder value primacy,stakeholder theory,creditors and directors duties in the Commonwealth Caribbean

Directors’ duties in the Commonwealth Caribbean (CC) were shaped by English law and shareholder value primacy (SVP). Directors’ must act in the best interest of the solvent company for the benefit of its shareholders generally. No direct duty is owed to creditors at common law, save to consider their interests on insolvency. SVP prominence in the CC has yielded to the acceptance of Canadian corporate law and stakeholder theory. Through a comparative analysis of the law in the UK, Germany and Canada, this paper examines the impact of stakeholder theory on directors’ duties in Barbados and Jamaica.     

通货膨胀目标制的内涵及在中国的检验

通货膨胀目标制是当今世界流行的一种货币政策制度.尽管学术界至今对通货膨胀目标制存在不同意见,但对这一制度的有关特征是有共识的,即要明确规定一个数量化的通货膨胀目标;货币政策操作应该有相当高的透明度;中央银行对通货膨胀目标的实现承担责任.此外,通货膨胀目标制是一个包括操作工具、操作目标、信息变量和最终目标在内的有关货币政策制定和实施的系统.本文构建了这一制度的模型框架,并用中国的数据检验了其适用性.结果表明,灵活通胀目标制规则在当前中国的货币政策实践中并不非常适合.     

The Irreducible Core of the Duty of Care,Skill and Diligence of Company Directors: Australian Securities and Investments Commission v Healey

The decision in ASIC v Healey raises hitherto unexplored questions about the standard of care of non‐executive directors in monitoring the production of financial statements. More particularly, it considers the power of directors to delegate areas of responsibility requiring specialist knowledge and the degree of permissible reliance on professional advisers. The reasoning of the judge will doubtless prove helpful to the English courts not only in relation to duty of care issues under section 174 of the Companies Act 2006, but also when considering the duty to exercise independent judgment which is now restated in section 173.     

关于完善我国独立董事制度的思考

我国引入独立董事制度的目的在于对董事会进行监督和评估,进而完善我国的公司治理结构。但我国独立董事制度正处于初创阶段,有诸多不完善的地方,如独立董事的选任机制存在重大问题,独立董事制度缺乏立法上的有力支持,独立董事的激励机制不足。应改革独立董事的遴选机制,完善公司立法,协调独立董事与监事会的职权改革独立董事的激励机制,强化独立董事的责任制度,完善独立的董事制度。     

The Proper Purpose Rule as a Constraint on Directors’ Autonomy – Eclairs Group Limited v JKX Oil & Gas plc

The recent case of Eclairs Group Limited v JKX Oil & Gas plc highlights the pressures faced by company directors in change of control situations, in which they may be tempted to take action to prevent or discourage such change. The Supreme Court decision provides important clarity on the scope of the proper purpose rule in these (and other) situations. We explore the implications of different judicial interpretations of the proper purpose rule for the autonomy of directors in their decision‐making. We do this by focusing on the scope of the proper purpose rule, whether a subjective or objective test is employed in the application of the rule and the test for causation where a director is motivated by mixed purposes.     

我国《公司法》移植独立董事制度的思考

独立董事制度源于英美国家。我国具有导入独立董事制度的土壤 ,新《公司法》应授权公司章程自由选择单层制和双层制 ,寻求良好的独立董事与外部董事的构成比例 ,完善独立董事的能力建设机制、选拔机制、利益激励机制 ,准确定位独立董事角色     

论我国上市公司内部监督机制模式的选择--兼及独立董事与监事会的关系

为了完善上市公司治理结构,防止内部人控制,保护中小股东的利益,我国引入了英美法上的独立董事制度.中国引进和移植独立董事制度必须联系中国的实际情况,处理好其本土化问题,特别是要协调好与监事会的关系,这将决定着独立董事制度在中国的移植能否成功.通过对独立董事制度与监事会制度的关系进行比较,指出我国新<公司法>应授权上市公司在其章程中任意选择采用单层制或双层制公司监督机制模式.     

论完善我国上市公司治理结构中的监事制度

文章对上市公司监事制度产生的根源、若干国家实施的监事制度的各自 特点进行了评价,分析了我国上市公司监事制度在体制性环境和制度设计方面存在的问 题,并提出了予以完善的意见。作者认为,独立董事和独立监事可以并列存在,职责可以 在法律上切分;监事会中不必强制性地要求有职工代表参加;外部监事可由相关银行的 代表充任;应在法律上明确规定监事和董事一样对公司负有忠实义务和勤勉义务。     

Medicare, Medicaid and CLIA programs; extension of certain effective dates for clinical laboratory requirements and personnel requirements for cytologists--HCFA. Final rule with comment period

This final rule extends certain effective dates for clinical laboratory requirements in regulations published on February 28, 1992, which implemented provisions of the Clinical Laboratory Improvement Amendments of 1988 (CLIA) and announces our approval of a certifying organization for qualifying cytotechnologists. This rule extends the date by which an individual must enroll in an HCFA-approved cytology proficiency testing (PT) program and the date by which an individual with a doctoral degree must possess board certification to qualify as a director of a laboratory that performs high complexity testing. In addition, we are extending the phase-in of the quality control requirements applicable to unmodified, moderate complexity tests cleared for commercial distribution by the Food and Drug Administration (FDA). We are extending the date to meet applicable CLIA QC requirements for laboratories using commercial, nonmodified tests to fulfill certain quality control (QC) requirements. These effective date extensions do not reduce the current requirements for quality test performance. The date extensions are necessary due to the limited number and scope of currently operating cytology PT programs, resource constraints that have prevented commencement of the substantial number of quality control reviews, and inability of many laboratory directors to complete certification requirements within the time period originally specified.