(Non‐)Enforcement of Directors’ Duties in Corporate Groups: Goh Chan Peng v Beyonics Technology Ltd

Corporate groups, a ubiquitous feature of modern business, pose formidable challenges for common law courts relying on traditional corporate law doctrine. Arising out of a corporate group's recent bid to recover millions of dollars in lost profits from a former director and CEO who had diverted a core business, Goh Chan Peng v Beyonics Technology Ltd raised thorny issues of separate legal entity doctrine, single economic unit theory, and reflective loss shared by common law legal systems. Despite finding that the defendant had breached his duties to the ultimate holding company, the Singapore Court of Appeal absolved the faithless director from most of his liabilities, relying on limited domestic precedent to the exclusion of a rich body of Commonwealth jurisprudence – including the House of Lords’ landmark Johnson v Gore Wood decision. This note explores the paths not taken by the court, and highlights the pitfalls of a narrow, autochthonous approach to problems of common law doctrine.     

The Complications of Colocation: What the Federal Communication’s Rule Making May Mean for Your Community

Abstract

You did it. You successfully worked with a wireless service provider to find the ideal spot for its new wireless tower. The tower is positioned perfectly—in the heart of downtown, yet safe, hidden, completely undisruptive. The provider is happy. The community is content. It’s a win‐win. Fast forward a month. The provider is back with a new idea: To support the latest technology and to enhance its revenues, it will add not one, but four 20‐foot extensions for new antennas. The extensions would make the otherwise hidden facility visible. They would reach across and over the sidewalk and street, presenting safety risks. And the provider would also add four new equipment cabinets and an equipment shelter. Your answer is easy: Absolutely not. We can find a better solution. But this time the provider is not asking, it’s demanding. It says that because it is not proposing an initial facility but a colocation, you must approve its requests. Whether the provider is correct may turn on how the Federal Communications Commission (FCC) resolves a pending rule making. This article describes the proceeding, key issues it raises, and what the proceeding may mean to you and your community. As a planner, you can influence the proceeding by meeting with the FCC to discuss the proposed rules and by responding to industry claims that local requirements are delaying deployment.     

Participation in the Knowledge Society: the Free and Open Source Software (FOSS) movement compared with participatory development

The possibilities and limits of participation at the ‘bottom’ (represented, for example, by PRA and PLA) have been well articulated in development literature. However, the emergence of the Knowledge Society has opened up spaces for what we could call participation at the ‘top’ (free software, wiki, open access), the implications of which Development Studies is only beginning to grapple with. Building upon recent debates on the issue, we take the cases of the free software movement and participatory development, arguing that they share common ground in several ways. We aim to offer a few pointers on conceptualising development in the Knowledge Society.     

Is Public Management Neglecting the State?

Public management is a domain of research that is now roughly three decades old. Researchers in this area have made important advances in understanding about the performance of public organizations. But questions have been raised about the scope and methods of public management research (PMR). Does it neglect important questions about the development of major institutions of the modern state? Has it focused unduly on problems of the advanced democracies? Has it made itself irrelevant to public debates about the role and design of government, and the capacity of public institutions to deal with emerging challenges? This set of eight short essays were prepared for a roundtable held at the research conference of the PMR Association at the University of Aarhus in June 2016. Contributors were asked to consider the question: Is PMR neglecting the state?     

Job Choice and Performance: Revisiting Core Assumptions about Public Service Motivation

Although there has been considerable enthusiasm for public service motivation (PSM) research in recent years, two of PSM's fundamental assumptions have been relatively untested: its impacts on job choice and on job performance. Using panel data from two different studies, we offer stronger observational tests of these core assumptions. The findings provide mixed evidence. When testing PSM's effect on employment choice, we find that PSM measured during a law student's first year predicts the sector in which they are employed after graduation three years later. In a separate study investigating PSM's effect on job performance, we find that government employee PSM does not predict employee absenteeism or supervisor assessments of their in-role and extra-role performance. Our findings support recent calls for a more nuanced theory and analyses of PSM to help better understand its implications for recruiting, retaining, and motivating the workforce used to provide public goods and services.     

UN Peace Operations and Conflicting Legitimacies

ABSTRACT

Analyses of United Nations (UN) peacekeeping increasingly consider legitimacy a key factor for success, conceiving of it as a resource that operations should seek and use in the pursuit of their goals. However, these analyses rarely break down legitimacy by source. Because the UN is an organization with multiple identities and duties however, different legitimacy sources – in particular output and procedural legitimacy – and the UN’s corresponding legitimation practices come into conflict in the context of peacekeeping. Drawing on a range of examples and the specific case of the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC), this article argues that looking at different legitimacy sources and linking them to the institutional identity of the UN is thus critical, and it shows how the UN’s contradictory legitimation practices can reduce overall legitimacy perceptions.     

Arguing Against the Expressive Function of Punishment: Is the Standard Account that Insufficient?

Law and Philosophy - This paper critically appraises the arguments that have been offered for what can be called ‘the expressive function of punishment’. According to this view, what...