Directors’ duties under the 2019 Companies Act of Ghana

The scope of directors’ duties forms perhaps the most important part of corporate governance. This paper considers the trajectory of the regulation of directors’ duties under Ghanaian company law from the Companies Act, 1963 (Act 179) to the Companies Act, 2019 (Act 992). Using the 2017 to 2019 financial institutions’ insolvencies in Ghana as a backdrop, it considers whether the scope, formulation and structure of directors’ duties within the new legislation is capable of promoting corporately-beneficial director behaviour. It also discusses whether the framework is apt to deal with similar lapses in corporate governance marked by reckless and opportunistic director behaviour. It discovers that Act 992 places a greater reliance on specific rules while retaining the largely principles-based regulatory technique adopted for regulating director conduct under Act 179. The overall tenor of the framework of directors’ duties under the new Act points to a firmer legislative view of the serious consequences of reckless director conduct. The paper concludes that the language of the framework regulating director conduct is capable of promoting corporately beneficially director behaviour and is also apt to deal with the kind of lapses in corporate governance which led to mass financial sector insolvencies in Ghana.     

Bringing the Falklands/Malvinas Home: Young People's Everyday Engagements with Geopolitics in Domestic Space

This paper draws on recent research examining feminist and everyday geopolitics to focus on the relatively neglected domestic sphere as a space where geopolitical events like the Falklands/Malvinas war are learnt, (re)produced, remembered and contested by young people. It presents qualitative data drawn from interviews with young people from Argentina (Río Gallegos) and the Falkland Islands (Stanley), locations with intimate connections to the 1982 war. It argues that research in domestic environments that engages the familial relations, objects and practices that embody geopolitical pasts can help make sense of how young people (are able to) express geopolitical agency.     

Criticizing the image of the student as consumer: examining legal trends and administrative responses in the US and UK1

There is widespread concern that higher education is being compromised by being turned into a ‘commodity’ to be ‘consumed’. This article represents an initial attempt to explore the trends in both the UK and US, and considers how the law has responded to them. It argues, however, that there is an important distinction to be drawn between ‘commodification’ and ‘consumerism’. Education has always been a commodity to be bought and sold; the true danger lies in the move to a ‘rights-based’ culture where students (and politicians) see education merely as something to be ‘consumed’ rather than as an activity in which to participate. Whilst the law seems thus far to have been something of a bulwark against this movement, it remains an open question as to whether this will continue to be the case if HEIs do not themselves act more proactively in challenging this damaging view of higher education.     

Police chiefs’ and students’ attitudes about the Miranda warnings

Several studies had concluded that the police subculture holds values and attitudes that are distinct from the rest of the population. Among these values is a focus on law and order. While researchers agree that police tend to hold different values, they disagree on the source of the attitudes. Some had argued that the attitudes reflected differences regarding who was recruited for law enforcement careers while others said that the differences reflected changes that occurred to individuals after becoming officers. This study examined whether police officers and students enrolled in criminal justice/sociology classes held similar or different attitudes towards the Miranda warnings. The findings suggested that in some ways, the two groups perceived the warnings in dramatically different ways, while in other ways their differences were simply a matter of degree. Implications are provided.     

When ADR becomes the law: A review of federal practice

Conclusion With the passage of the Administrative Dispute Resolution Act, the stage was set for innovation and change in federal agencies. Now, part way into the five-year life of the Act, a new administration has the potential to encourage even wider use of ADR at the federal level, providing still more examples from which to develop a clearer sense of best practice. Additional funds, both for ACUS and individual agencies, are vital to providing the level of experimentation, innovation, and documentation needed to ensure success.MIT ProfessorLawrence E. Susskind is director of the MIT-Harvard Public Disputes Program, 512 Pound Hall, Harvard Law School, Cambridge, Mass. 02138.Eileen F. Babbitt is associate director of the Public Disputes Program.Phyllis N. Segal is a practicing mediator with Endispute, Incorporated.The authors would like to acknowledge the federal dispute resolution specialists who contributed greatly to our work by providing interviews and materials for this article: Cathy Costantino of FDIC; David Batson of EPA; John Settle and Ron Walczak of HHS; David Drabkin of DLA; Jim Jones of DOL; Sheldon Guttman of FCC; Charles Pou of ACUS; Jeff Domber of GSA; and Diane Liff of DOT.     

轻型颅脑损伤ABR的纵向研究

目的　探索轻型颅脑损伤的电生理学指标 ,为早期临床诊断和预后判断以及法医学活体伤害鉴定提供依据。　方法　对相关病例进行脑干诱发电位 (ABR)的动态观察 ,并对结果进行统计学分析。　结果　6 0例轻型颅脑损伤患者伤后 48小时ABR的检测 ,显示主要异常表现为I-III峰间潜伏期的延长 ,说明此类损伤可造成脑干的功能紊乱。同时通过对其中 40例进行ABR追踪检测 ,结果显示大部分患者受伤三个月后脑功能状态恢复正常。　结论　轻型颅脑损伤ABR变化具有一定的特征 ,提示可作为早期临床诊断和预后判断以及法医学活体伤害鉴定的客观依据 ,应引起关注并展开进一步研究。     

The legislative recreation of RICO: Reinforcing the ``myth' of organized crime

This paper uses historical content analysis to examine the implementation ofthe Racketeer Influenced Corrupt Organizations Act (RICO). It is argued thatthe historical events leading to the definition of organized crime as an alienconspiracy still affect RICO's use some 30 years after its passage. This paper applies state-centered theory to the theoretical frameworks of sociology of knowledge and innovation diffusion. This approach is used to relate the current implementation and controversy of RICO to the alien conspiracy view. Thought of in this context, legal implementation is the result of a knowledge creation and diffusion process. This paper demonstrates how one knowledge diffusionprocess (the acceptance of organized crime as a national conspiracy in 1970) leads to a new knowledge diffusion process (the use of RICO).