NAASO Standards of Conduct

This chapter examines the fiduciary principles governing investment advice. Fiduciary principles in investment advice are both straightforward and complex. They are straightforward because most investment advisers are considered fiduciaries and subject to strict fiduciary duties under federal and state law. Their complex nature arises from the fact that many individuals and firms provide investment advice but are not deemed investment advisers and, therefore, are not subject to a fiduciary obligation. This chapter first explains whether and when an advisory relationship gives rise to fiduciary duties by focusing on both federal and state law, as well as the individuals and firms that typically provide investment advice. In particular, it looks at certain persons and entities excluded from the definition of investment adviser and thus not subject to the Investment Advisers Act of 1940, namely broker-dealers, banks, and family offices as well as accountants, lawyers, teachers, and engineers. The chapter also considers fiduciaries under ERISA, the Investment Company Act, and the Commodity Exchange Act before discussing the fiduciary duty of loyalty and how it is expressed and applied in investment advisory relationships; the fiduciary duty of care and how it differs from other standards of conduct, such as a duty of suitability; and other legal obligations imposed on investment advisers and how those obligations relate to an adviser’s fiduciary duty. Finally, the mandatory or default terms with regard to an investment adviser’s fiduciary duties are explored, along with remedies available for breach of fiduciary duty.

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Thinking in terms of law and mortality

International Journal of Cultural Property ◽

10.1017/s0940739198770031 ◽

1998 ◽

Vol 7 (1) ◽

pp. 7-20 ◽

Cited By ~ 1

Author(s):

K Greenawalt

Keyword(s):

Country Of Origin ◽

Cultural Property ◽

Avoidance Strategies ◽

Standards Of Conduct ◽

Moral Rules ◽

Moral Behaviors ◽

National Governments ◽

The Relationship

The author lays a blueprint for distinctions between legal and moral rules and socially accepted behavior, situations in which these distinctions set different standards of conduct, and the relationship among them. Several of the more common paradigms of cultural property disputes are then fit into the patterns of legal and moral rules and obligations, thus establishing a framework for the discussion of how to evaluate ethical or moral behaviors in varying circumstances. The author also considers the relevance of deontological and consequentialist arguments for the return of cultural property, as well as avoidance strategies by which a country of origin can make a claim for restitution while ignoring the long-term questions of the legitimacy, power, and responsibilities of national governments. The author concludes by emphasizing the difficulties in basing arguments concerning cultural property on moral evaluations and conclusions.

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Standards of Conduct: New Focus, New Challenges

The Electricity Journal ◽

10.1016/j.tej.2009.01.006 ◽

2009 ◽

Vol 22 (2) ◽

pp. 46-53

Author(s):

Donna M. Attanasio ◽

Earle H. O’Donnell

Keyword(s):

Standards Of Conduct ◽

New Challenges

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Development of Potentially Better Practices for the Neonatal Intensive Care Unit as a Culture of Collaboration: Communication, Accountability, Respect, and Empowerment

PEDIATRICS ◽

10.1542/peds.111.se1.e471 ◽

2003 ◽

Vol 111 (Supplement_E1) ◽

pp. e471-e481

Author(s):

Judy Ohlinger ◽

Mark S. Brown ◽

Sue Laudert ◽

Sue Swanson ◽

Ona Fofah ◽

...

Keyword(s):

Intensive Care ◽

Quality Improvement ◽

Neonatal Intensive Care ◽

Care Quality ◽

Care Group ◽

Team Members ◽

Leadership Management ◽

Standards Of Conduct ◽

Year 2000 ◽

Multidisciplinary Teamwork

Objective. The Vermont Oxford Network (VON) CARE Group was formed in response to the need to create organizational cultures supportive of change and quality improvement. Methods. The CARE Group consisted of team members from 4 participating neonatal intensive care units (NICUs). All CARE Group members chose to work on multidisciplinary teamwork for the duration of the Neonatal Intensive Care Quality Improvement Collaborative Year 2000. A questionnaire was developed by the CARE Group and administered to the 4 focus group NICUs. The survey focused on 6 domains of the organization: unit coordination, working in the NICU, leadership, management of disagreements, authority, and unit culture. Benchmarking visits were completed to supplement the information found in the survey and the literature. Results. Seven potentially better practices (PBPs) were developed on the basis of the surveys, benchmark visits, and literature reviews. The PBPs include 1) a clear, shared NICU purpose, goals, and values; 2) effective communication among and between teams and team members; 3) leaders lead by example; 4) nurture a collaborative NICU environment with trust and respect; 5) live principled standards of conduct and standards of excellence; 6) nurture competent and committed teams and team members; and 7) commit to effective and positive conflict management. Conclusions. The CARE Group successfully used quality improvement methods and collaboration to delineate principles and practices of multidisciplinary teamwork.

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Professional Regulation and Accountability in Forestry

The Forestry Chronicle ◽

10.5558/tfc66328-4 ◽

1990 ◽

Vol 66 (4) ◽

pp. 328-335

Author(s):

David S. Curtis

Keyword(s):

Professional Ethics ◽

Self Regulation ◽

Primary Role ◽

Public Concern ◽

Professional Groups ◽

Forestry Practices ◽

Standards Of Conduct ◽

Certification Type ◽

High Standards

Professional forestry organizations have a unique mandate to monitor and regulate the quality of forestry being practised in Canada. However, an inability or a reluctance by these organizations to fulfill this mandate coupled with increasing public concern over poor forestry practices could lead to other forms of regulation. This, in turn, could result in a decrease in the influence of foresters as a profession over the regulation of forestry practices.Professional self-regulation is one method of regulating a profession. Licencing schemes, which require a person to be registered before being able to practise, are generally more effective than certification schemes, which merely identify that members have met certain standards of training.Of the five professional forestry organizations in Canada, two are licensing-type organizations, while three are certification-type organizations.The roles of self-governing professional groups can include establishing and enforcing standards of conduct and practice, and discipline of members who fail to meet the prescribed standards. Where employer instructions conflict with professional ethics or standards, foresters should advise that they are unable to carry out the instructions. In this way, foresters, not employers, should hold the primary role in determining the quality of forestry practised in Canada.It is recommended that professional forestry organizations be licensing-type organizations, and develop and actively enforce high standards of conduct. Support must be provided for members who endeavour to live up to those standards.

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Standards of Conduct

Encyclopedia of Public Administration and Public Policy, Second Edition (Print Version) ◽

10.1201/noe1420052756.ch367 ◽

2007 ◽

pp. 1802-1805

Author(s):

Jeremy Plant

Keyword(s):

Standards Of Conduct

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Reception of Social Legal PrinciplesState Law-Making Institutions

Russian Journal of Legal Studies ◽

10.17816/rjls18380 ◽

2018 ◽

Vol 5 (3) ◽

pp. 58-62

Author(s):

A Yu Garashko

Keyword(s):

Positive Impact ◽

Public Support ◽

Legal Regulation ◽

State Standards ◽

Legal Principles ◽

State Institutions ◽

Functional Methods ◽

Standards Of Conduct ◽

The Individual ◽

Methods Of Learning

The purpose of this article is to analyze the feasibility and the basic mechanisms of borrowing of the individual benefits of the standards of conduct, the current in society (public legal principles), the activities of state authorities. The author comes to the following conclusion: reception of the socio-legal basis of state institutions capable of providing public support for the implementation of state standards; positive impact on the rule of law and the lawmaking process; to determine the restoration of the unity of law as a system that combines public and state foundations; seamlessly integrate the benefits of state and public began legal regulation. The methodology used in the preparation of this study presented a systematic, functional methods of learning; methods of induction, comparison and analysis. In addition, the author relied on the General dialectic method of cognition. Applications received by the author’s findings and conclusions are the theory of state and law, jurisprudence, philosophy of law, constitutional law.

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Aristotle, Kant and Rawls on Moral Motivation in a Just Society

American Political Science Review ◽

10.2307/1960634 ◽

1980 ◽

Vol 74 (2) ◽

pp. 385-393 ◽

Cited By ~ 5

Author(s):

Steven M. DeLue

Keyword(s):

Political Theory ◽

John Rawls ◽

Moral Theory ◽

Moral Motivation ◽

Self Esteem ◽

Mutual Respect ◽

Theory Of Justice ◽

Standards Of Conduct ◽

Principles Of Justice ◽

Just Society

John Rawls considers his Theory of Justice to be in the Kantian tradition. Generally there seems to be agreement among Rawls' critics that at least with respect to the procedural formulation of the principles of justice, it is difficult to call Rawls' position Kantian. In this article I will argue that Rawls' Kantianism is best understood as providing a motive source for acting upon known just standards of conduct. In this regard Rawls can be read as synthesizing aspects of Aristotle's Nicomachean Ethics and Kant's moral reasoning to provide the rationale to explain why an individual who knows what is morally correct conduct in a given situation, makes such knowledge the source of his action. Demonstrating the Aristotelean roots of Rawls' Kantianism with respect to the problem of motivation for just conduct helps one understand how Kant's moral theory can be viewed in Rawls' words not as a “morality of austere command but … [as] … an ethic of mutual respect and self esteem” (1971, p. 251). Secondly, this view of Kant provides the basis for understanding the anti-corporatist aspect of Rawls' political theory that my reading of Rawls makes necessary.

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EUROPEAN INSTITUTIONS AND MECHANISMS FOR PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF MILITARY PERSONNEL

STRATEGIES XXI - Command and Staff College ◽

10.53477/2668-2028-21-21 ◽

2021 ◽

Vol 17 (1) ◽

pp. 175-182

Author(s):

Madălina PREDA (DAVIDOIU)

Keyword(s):

Human Rights ◽

Military Personnel ◽

Fundamental Rights ◽

International Treaties ◽

Strategic Objectives ◽

European Institutions ◽

Legal Foundation ◽

Standards Of Conduct ◽

Fundamental Rights And Freedoms ◽

The Military

Abstract: Through international treaties, human rights have reached the pinnacle of their legitimacy, being ratified by most countries. Respecting the human rights is the legal foundation for a democratic society in which the military has a defining role. In the comprehensive approach of the European institutions, protecting and promoting the human rights of military personnel are preconditions for regional unity, stability and security. The European documents provide an integrated understanding of the concept of rights and freedoms in relation to the special status of military personnel in society, representing regulated standards of conduct. Promoting the culture of respect for the fundamental values of human rights, both in the process of military education and training, as well as in exercising their specific tasks, represents an instrument for maintaining the order, discipline and morale of the military, ensuring the effectiveness of military actions and an overwhelming factor supporting the achievement of strategic objectives.

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Professionalism and Ethics in Chemistry

The Ethical Chemist ◽

10.1093/oso/9780190668648.003.0007 ◽

2018 ◽

Author(s):

Jeffrey Kovac

Keyword(s):

Professional Ethics ◽

Ethical Theory ◽

Common Morality ◽

Moral Ideal ◽

Legal Ethics ◽

Standards Of Conduct ◽

Special Rules ◽

Relationship Of ◽

The Relationship ◽

The Ideal

Common morality and ethical theory are universal. Not only do they provide the standards of conduct that we expect all rational persons to follow, but also they provide the basis for professional ethics, the special rules of conduct adhered to by those engaged in pursuits ordinarily called professions, such as law, medicine, engineering, and science. Although common morality and ethical theory are general, professional ethics is specific. Legal ethics applies only to lawyers (and no one else); scientific ethics applies only to scientists. Professional ethics is consistent with common morality, but goes beyond it. Professional ethics governs the interactions among professionals, and between professionals and society (Callahan 1988). In many cases, it requires a higher standard of conduct than is expected of those outside the profession, but the norms of professional ethics must be consistent with common morality. To understand professional ethics, it is necessary to understand the concept of a profession (Davis 1998). A profession is more than a group of people engaged in a common occupation for which they are paid. While there are a variety of ways to define a profession, I use a social contract approach, which I have found to be most useful in my thinking about professional ethics. In this view, a profession derives from two bargains or contracts: one internal and one external. The internal bargain governs the interactions among members of the profession while the external bargain defines the relationship of the profession to society. Both, however, are based on a moral ideal of service around which the profession is organized (Davis 1987). For lawyers, the ideal is justice under law. For physicians, the ideal is curing the sick, protecting patients from disease, and easing the pain of the dying. As Michael Davis has argued, these moral ideals go beyond the demands of ordinary morality, the requirements of law, and the pressures of the market. Using a moral ideal as the fundamental basis of the profession comes from the old- fashioned idea of a profession as a calling.

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