DOES THE BUSINESS JUDGMENT RULE HELP PROMOTE CORPORATE SOCIAL RESPONSIBILITY?

The business judgment rule (BJR) is a U.S. corporate law concept that has gained international recognition. It has been moulded, particularly in the definition of the Delaware courts, to protect the managerial business discretion, in other words to protect directors’ decisions from judicial review. Corporate social responsibility (CSR) questions the relationship between corporation with a business purpose and society. More and more attention is drawn to the various impacts of corporate decisions on society, asking for the necessity for directors to take these impacts into consideration when making business decisions. At the centre of CSR and the BJR are the fiduciary duties of the directors — the duty of diligence and the duty of care — and the question as to if the directors have breached their duties and if they have fulfilled them in a CSR compatible manner. This paper discusses how the BJR helps promoting CSR by discussing the advantages and disadvantages (real or apparent) of the BJR with respect to CSR.     

INTERNET SERVICE PROVIDERS＇ LIABILITY FOR PERSONAL DAMAGES ON SOCIAL NETWORKING WEBSITES

The increasing popularity of the Internet in recent times brought profound changes to the society as a whole. Communications mediated by computers are now a consolidated reality in large parts of the world. And the virtual social networks are confused by many with the Internet concept itself. In turn, the Brazilian legal system lacks specific legal rules to address the legal relations taking place within its scope. And the case law is increasingly facing the subject. Within that framework, the doctrine＇s role is emphasized. Therefore, this article aims at investigating the civil liability for consumer accidents occurred in social networking websites on the Internet. After describing the virtual universe＇s peculiarities, this paper intends to approach the consequences when consumer accidents occur, since those accidents, considering the technological complexity of that environment, stress the obvious vulnerability of the consumer even more.     

REHABILITATION OF DRUNK DRIVERS AND THE SMADIT PROJECT： COLLABORATION AMONG THE POLICE FORCE,THE ROAD ADMINISTRATION AND THE SOCIAL SERVICES

The aim of the SMADITt project is not only to reduce the number of drunk drivers on the Swedish roads but also to reduce the number of repeated drunk driving offences. The SMADIT project is a three-way collaboration between the Swedish Police Force, the Swedish Road Administration and the Swedish Social Services. According to the guidelines the police should inform the suspected drunk drivers about SMADIT and ask if they want to be contacted by the Social Services. If they agree to take part in the project, then a member of staff from the Social Services will contact them within 24 hours. The purpose of this paper is to present the results from a qualitative study evaluating the effects of SMADIT. Thirteen male drivers and one female driver who agreed to take part in the SMADIT project were interviewed. The questions covered their experience of SMADIT, why they agreed to participate, what kind of help they received but also their attitudes towards drinking and driving in general and the event leading up to the conviction. The results showed that the initial contact with the police determined if they would agree to participate in the project or not. Both written and verbal information were essential An important aim with SMADIT project is the early contact with the Social Service. However, the results from this study showed that several informants needed time for reflection and to recover from the shock after being stopped by the police on suspicion of drunk driving. However, according to informants, it was important that not too many days passed before a contact was established. During the meeting with the Social Service, the informants were then offered different kinds of treatment. All of the informants were very pleased with this contact. According to the guidelines provided by the SMADIT project a consensus has to be reached, otherwise the Social Services cannot contact the person. In this study, we found that a person straight after the event does not always think clearly and therefore we propose that the SM     

POWER IN POWERLESSNESS： STRATEGIES FOR CLIMBING THE SOCIAL LADDER UTILIZED BY MINORITY GROUPS IN SERBIA

The issue of ethnic minority groups is marked by the struggle for power, because the identity of a minority group is constructed in the atmosphere characterised by the relationships of domination and subordination, as well as humiliation and pride. According to the usual definition, ethnic minorities are subordinate groups that are the targets of discrimination of the ethnic majority. However, in the modern world, thanks to strong and active international institutions,     

INTERGROUP AND INTRAGROUP VIOLENCE: IS VIOLENT CRIME AN EXPRESSION OF GROUP CONFLICT OR SOCIAL DISORGANIZATION?*

The impact of residential turnover and compositional change at the neighborhood level on local patterns of crime lies at the center of most ecological studies of crime and violence. Of particular interest is how racial and ethnic change impacts intragroup and intergroup crime. Although many studies have examined this effect using city‐level data, few have evaluated it using neighborhood‐level data. Using incident‐level data for the South Bureau Policing Area of the Los Angeles Police Department aggregated to census tracts, we use a novel methodology to construct intragroup and intergroup rates of robbery and assaults. The South Bureau has experienced dramatic demographic change as it has transitioned from a predominately African‐American area to a predominately Latino area. We find support for the social disorganization model, as racial/ethnic transition in nearby tracts leads to greater levels of intergroup violence by both groups as well as to more intragroup violence by Latinos. Such neighborhoods seem to experience a breakdown in norms, which leads to higher levels of violence in all forms. Particularly noteworthy is that intragroup crime is highest in all settings, which includes the most heterogeneous tracts. We also find support for the consolidated inequality theory, as greater inequality across the two groups leads to more violence by the disadvantaged group.     

面对,接受,处理,放下

"面对,接受,处理,放下。这是任何人面对一起不幸事件时都应有的态度。"李双江之子李天一涉嫌强奸案被炒作得沸沸扬扬。这起事件引发"网民的狂欢",除了对被害人的怜悯与同情外,更多的是对李天一的痛责,恨不得要司法机关立即从肉体上消灭之,还有就是对李双江夫妇教子无方的嘲讽与抨击,等等。面对这种巨大的喧嚣,我援引一个故事来谈"接纳"的观点:国际著名教育专家麦道卫博士的女儿上中学时有一天问他:"爸爸,要是我这会儿怀孕了,你怎么处理?"他回答说:"我是一名布道家,教了一辈子的亲子教育,要是你     

雪莲,地瓜,爆米花

大家都说《泰囧》好看,很搞笑的喜剧片,要我去看。抱着用一部喜剧来给我的生日当天划一个圆满句号的想法去看的电影,看完才知道,你把它当一部单纯的喜剧来看,未免太肤浅;你把它当一部人生励志片来看,未免太凝重。徐朗和王宝,是我们这个世界上两类人的写照。一类,不在乎吃饭,顾不上挑水,更忙不到砍柴,他们的心中只有一个老周。若为老周故,吃饭挑水皆可抛。一类,吃饭即吃饭,挑水即挑水,随遇而安,砍柴时若是能见到一抹晚霞简直此生不     

朝审,秋审,热审

《明史·刑法志》:“天顺三年令每岁霜降后,三法司同公、侯、伯会审重囚,谓之朝审.”明朝每年在规定时间内将法司在押的重囚,引到承天门外,三法司会同稿·刑法志》:“秋审亦原于明之奏决单,冬至前会审之.”按清律规定,凡严重危害“社稷”的犯罪,应立即处决的,称“斩立决”.如危害性较小或有可疑者,暂判“斩监候”或“绞监候”,缓期处决,延至秋天由九卿重审.秋     

王凤启盗伐林木,为窝藏赃物,当场使用暴力,致人死亡,被判处死刑

一九八二年十月,吉林省吉林市中级人民法院公开审理了王凤启等四人因运输盗伐的林木,为窝藏赃物,抗拒民兵检查,当场使用暴力致人死亡一案。 被告人王凤启、韩喜生、王凤明、韩景阳于一九八二年六月十八日二十三时许,赶两辆车运盗伐的木材。当行至镇郊公社春田六队时,被民兵翟凤双等人发现截住,令其将木材送到生产队。被告人王凤启用木棒猛打翟凤双头部,     

发票,发票,聒噪何时了

武汉广埠屯有一座临时高架桥,铁桥两端,广场周边,但凡人群密集处,必有许多人高声叫卖发票.叫卖者伫立终日,口干舌燥,到处招揽生意."要发票吗?要发票吗?"就连我这样的老头也不放过.有次,我还看见一位少妇怀抱熟睡婴儿坐在路边,用期待的眼光凝视着来往行人.她的脚边置有纸板,"办理票证"四个大字赫然在目.此时无声胜有声,令我陷入深思.     

打掉官气,联系群众,办好案件

上海市盧湾区公安分局通过“双反”运动,从領导到一般干部进一步确立了全心全意为人民服务的观念,密切了与人民群众的关系,出現了“学政治,鑽业务,比干劲,赶先进,加强孶?保护好人,保卫社会主义建设大跃进”的新局面。为什么我們分局能呈現出这些新的气象呢?这决不是偶然的。因为我們紧紧地抓住了双反运动的关鍵,进行了彻底的改革,揭发和打掉了脫离群众的官气。过去,我局由領导到一般干部,都存在着脫离群众的官气。領导方面的官气表现在:     

面向基层,加强指导,提高办案质量

为了摸清冤错案件的底数,调查研究审判工作中存在的问题,加强对基层法院业务领导,进一步提高办案质量,由省法院和巢湖地区中级法院主要领导同志带队,组织巢湖地区各县法院院长、刑、民庭庭长     

100026,北京100026,北京100026

2006年6月1日,广东兴宁矿难涉案职位最高的官员——广东省安全生产监督管理局原副局长胡建昌(副厅级),因涉嫌收受大兴煤矿矿主曾云高贿赂及向其违规发证,在广州市中级人民法院受审。检察机关指控其犯有受贿罪和玩忽职守罪两项罪名。站在被告席上的胡建昌怎么也想不到,为了区区4