Corporations

Author(s):  
Paul B. Miller

This chapter situates corporations and corporate law theory within the nascent New Private Law movement. Most theorists allied to the New Private Law focus on fundamental private law and so, in turn, bodies of law addressed to singular forms of interaction. Corporations and other compound structures — including trusts, companies, and partnerships — pose an important challenge and opportunity for interpretive theory carried out in the spirit of the New Private Law. These structures entail a compounding of singular forms of interaction with novel elements supplied by organizational law. In the chapter I argue for an integrative model of interpretive analysis of compound structures. I explain what an integrative model of the corporation might look like. I also offer an illustration of the model’s relative advantages by contrasting it with dominant reductive analyses that distort the corporate form by treating it as a mere extension of various singular forms of interaction found in contract, property, and fiduciary law. I offer reinterpretation of core elements of the corporate form — corporate personality, purpose, agency and fiduciary administration - and conclude by showing how an integrative approach promises to shed new light on these elements while revealing interpretive excesses of alternative renderings found in reductive theories of the corporation.

2020 ◽  
Vol 9 (26) ◽  
pp. 486-497
Author(s):  
Larisa P. Konnova ◽  
Alexander A. Rylov ◽  
Irina K. Stepanyan

Introduction: A modern specialist in practically any field should not only possess professional expertise but also have a good command of modern computer technologies and main mathematical methods of data modeling and processing. It is employers’ requirements and, at the same time, students’ demands to receive this exact type of education. The study examines various ideas of educator-researchers striving to change the educational process to match the new goals. Meanwhile, the authors place the main emphasis on teaching mathematics. Drawing on the experience of teaching at the Financial University under the Government of the Russian Federation, the authors propose an integrative model of teaching mathematics that utilizes the contextual approach and content-based teaching. Materials and Methods: The main methods of the study are the analysis of scientific works and pedagogical modeling based on the following methodological approaches: competency-based, integrative, activity-based, as well as the concept of the zone of proximal development. The authors place special importance on the contextual approach and content-based teaching. Results: The analysis of works confirms the significance and relevance of interdisciplinary courses. The necessary modernization of the educational process and its contents is based on the integrative approach. The contextual approach is increasingly used in higher education to reinforce professional orientation. As for content-based education, it is currently used only in foreign language teaching. Within this study, the authors propose an integrative model of teaching mathematics at economics universities. To enforce the focus on the application in basic student training, the contextual approach is utilized which allows giving professional substance to the content of an educational course. The second part of the model is content-based teaching. The authors enhance its potential uses and believe that studying interconnected subjects together allows one to show common patterns and makes the educational process more efficient, intensive and mindful. Discussion and Conclusions: The relevance of having command of mathematical methods and computer technologies for multidisciplinary specialists makes it possible to generalize the creative model by adding various professional contexts.


2003 ◽  
Vol 8 (2) ◽  
pp. 99-115 ◽  
Author(s):  
Jonathan Zuess

This article is the second of a two-part series presenting an integrative model for understanding and treating depression. In this part, the integrative model provides the basis for comprehensive assessment and treatment, guiding the application of a wide variety of treatments. Evidence-based complementary and conventional treatment modalities for depression are also reviewed.


2019 ◽  
Author(s):  
◽  
Renata Mazzei Cespe Barbosa

The fascinating diversity of social behavior displayed by animals has long attracted the attention of researchers from different disciplines. Despite the common interest in the topic, some disciplines have focused more on the ultimate (functional) explanations for social interactions while others have mainly focused on the proximate (mechanistic) explanations for these behaviors. However, in order to understand how natural selection shapes the mechanisms underlying social behavior, it is necessary to use an integrative approach examining both mechanistic and functional explanations for behavior. The aim of my Ph.D. project was to understand the proximate and ultimate causes of social behavior variation in the Caribbean cleaning goby Elacatinus prochilos. First, I used an integrative approach that combined ecological, behavioral, cognitive and brain morphology data in order to unveil the potential mechanisms underlying the behavioral phenotypic variation observed in the system. Second, I used a within and between species comparative approach for investigating how brain measurements vary across closely related species with different habitat-feeding phenotypes. Individuals in the species Elacatinus prochilos may adopt two habitat-feeding phenotypes: cleaning or sponge-dwelling. Cleaning gobies, in general, are flexible in their habitat use and obtain most of their food by eating ectoparasites off other reef fish species. In contrast, sponge-dwelling gobies live in groups of up to 70 individuals and do express a clear size-based hierarchy. In the general introduction, I provide some background data that revealed the differences in habitat use, social behavior and group structure between the two phenotypes. In the first chapter, I exposed individuals from both phenotypes to standardized group conditions in the laboratory and asked whether the differences in their natural social and ecological environment impose constraints on adult behavioral flexibility. In the second chapter, I tested whether the habitat-feeding phenotype differences predicted learning performance in two discriminatory two-choice tasks that differed with respect to the relevant cues available to identify the correct choice. In the third and final chapter, I compared the brain structure of the two E. prochilos phenotypes to that of two other species in the genera that also differ in the habitat-feeding mode: the obligatory cleaner Elacatinus evelynae and the obligatory sponge-dwelling Elacatinus chancei. Surprisingly, I did not find any strong evidence that the differences between E. prochilos phenotypes are related to differences in habitat preference, social decision rules, associative learning skills, and brain structure. This means that at this moment, I cannot answer the question of how the differences between phenotypes work. Since I could not find differences in the mechanisms, or in brain structure, it is also currently impossible to answer what differentiation in mechanisms drove the evolution of a sponge-dwelling clade versus a coral-dwelling cleaning clade. However, I found differences in brain areas related to the visual/lateral line sensory axis between the obligatory cleaning versus the obligatory sponge-dwelling species, which revealed independent changes in functionally correlated brain areas that might be ecologically adaptive. In conclusion, the results of my study provide a challenge for various concepts that link individual experience to constraints in behavioral flexibility. Understanding why the gobies are an apparent exception will be the major challenge for future research.


2002 ◽  
Vol 3 (1) ◽  
pp. 105-122
Author(s):  
Hoon Park ◽  
Youngsun Paik ◽  
Cristina Suarez Duffy

This paper suggests an integrative model in which MNCs combine staffing policy with training requirements given the level of control over foreign operations. The main premise of the paper is that different levels of control need determine the type of personnel and the extent of training required for managing foreign operations. At the highest level of control need, expatriate managers are provided with extensive cultural training. Conversely, at the lowest level of control need, host country nationals are given minimal functional training. When the control needs are moderate, firms can select either expatriates or host country nationals. Since the costs incurred in extensive functional training for host country nationals are usually greater than those for expatriates who require only a minimal level of cultural training, MNCs tend to prefer expatriates to host country nationals.


2021 ◽  
pp. 37-47
Author(s):  
Eva Micheler

This chapter discusses how separate legal personality can be explained as a solution developed by company law to address the problem that organizations are social rather than brute facts. For a company to come into existence, certain documents need to be registered. These contain information that facilitates the interaction between the company and third parties. Registration as a company then gives an organization a public legal manifestation. The Companies Act does not limit the corporate form to organizational action. The corporate form can therefore be used for other purposes and organizational boundaries do not align with legal personality. But this does not undermine the observation that company law is designed for the operation of organizations.


Author(s):  
Simon Deakin

This chapter focuses on the evolution of the concept of corporate personality in English law. Recent developments in experiments with legal organizational forms are injecting diversity into the relative monoculture of the corporate form. Two threads are of particular interest in this chapter. The first concerns the creation of hybrid legal structures for “social enterprise.” The second stems from a revival of interest in cooperative structures, particularly in tandem with the digital economy. The chapter places these two threads in dialogue with Simon Deakin’s recent stimulating argument that the commons provides the most convincing conceptual foundation for understanding corporate governance.


2016 ◽  
Vol 33 (S1) ◽  
pp. S489-S489
Author(s):  
F. Jurysta

IntroductionWHO defines Sexual Health as “a state of physical, emotional, mental and social well-being in relation to sexuality… and requires a positive and respectful approach to sexuality and sexual relationships, as well as the possibility of having pleasurable and safe sexual experiences, free of coercion, discrimination and violence”.OCD-10 defines Transsexualism as “the desire to live and be accepted as a member of the opposite sex, usually accompanied by the wish to make his or her body as congruent as possible with the preferred sex through surgery and hormone treatment. The transsexual identity has been present persistently for at least two years. The disorder is not a symptom of another mental disorder or a chromosomal abnormality”.ObjectiveWe developed an integrative model in 4 axes to approach Sexual Health concept and Transsexualism.AimsHolistic and integrative model of transsexualism gives a better understanding of this disorder and ameliorates global treatment. Moreover, this model should be applied to each sexual minority.Results1. Etiology integrates psychological, biological and neuro-developmental aspects. 2. Clinical features for treatment imply large and multidisciplinary approach. 3. Scientific literature includes more than thousand papers on Transsexualism and numerous expertises as endocrinology, psychiatry, cardiology, sleep… 4. Social networks are developed in hospitals, associations… as well as between patients themselves.ConclusionsHolistic and integrative approach of Sexual Minority as Transsexualism could reach Sexual Health concept defined by WHO.Disclosure of interestThe authors have not supplied their declaration of competing interest.


2003 ◽  
Vol 8 (1) ◽  
pp. 9-24 ◽  
Author(s):  
Jonathan Zuess

This two-part series presents an integrative model for understanding and treating depression, encompassing the biological, psychological, social, and spiritual levels of the human being. Major depressive disorder may be seen as a dysregulated form of an adaptive response. Theories regarding the adaptive functions of depression drawn from psychology, evolutionary biology, ethology, neuroendocrinology, dream research, the philosophies of naturopathy and homeopathy, and the spiritual traditions of the Native Americans and other cultures are reviewed and synthesized. This model provides the basis for the rational application of a variety of complementary and conventional therapies.


Author(s):  
Tatyana V. Alexandrova ◽  
◽  
Viktor L. Popov ◽  

The implementation of the Labor Productivity and Employment Support national project for the period from 2019 to 2024 becomes a priority factor in the growth of labor productivity in enterprises of non-primary sectors of the Russian economy. The project provides for large-scale proactive training of staff of domestic enterprises in innovative methods of managing labor productivity. Proactive training is characterized by a wide range of potential effects, which are often not fully manifested in practice due to the prevalence of a fragmented approach to the development of corporate educational programs and the lack of a holistic understanding among managers of enterprises of the content of the staff training process. The aim of the study is to develop an integrative model of staff proactive training focused on the formation of transdisciplinary competencies necessary to solve complex managerial and economic problems in the field of increasing labor productivity. In the research, the authors used the methodology of an integrative approach to staff training, the methodology of critical thinking, the methodology of system analysis, the method of expert data analysis, and the statistical method. The authors conclude that the elaborated integrative model develops a model of staff competencies in the field of labor productivity management and contributes to a more efficient achievement of the goals of the Labor Productivity and Employment Support national project.


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