THE EFFECTS OF OWNERSHIP STRUCTURE‚ BOARD EFFECTIVENESS AND MANAGERIAL DISCRETION ON PERFORMANCE OF LISTED COMPANIES IN KENYA ONGORE‚ VINCENT OKOTH Thesis submitted in fulfillment of the requirements for the award of the degree of Doctor of Philosophy (Ph D) in Business Administration‚ School of Business‚ University of Nairobi‚ Kenya. 2008. DECLARATION I declare that this thesis is my original work and‚ to the best of my knowledge‚ has not been submitted to any university for a degree
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looking into the operation of judicial discretion in practice‚ it is necessary to find its definition and an outlook of Judicial structure on sentencing in England and Wales. The concept of discretion‚ that is central to the understanding of the judicial process‚ differs from deciding a question by applying a fixed rule of decision in the way that the decision-maker is able to decide between alternative courses of action. In simple words‚ Judicial Discretion is the authority the law gives the judge
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In the field of Interpersonal Communication there are plenty of theories that can be applied to everyday life from Social penetration theory to Self-disclosure. For this paper though we will be exploring Uncertainty reduction theory and how it was applied in the television sitcom How I Met Your Mother. How I Met Your Mother was a sitcom that aired on CBS from 2005-2014 based on a group of 5 friends living in New York City. It follows the main character Ted Mosby on his quest to find true love
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the costs incurred to prevent the managers from prioritising their interests over the shareholders. It can be argued that the extent to which managers will have discretion to pursue actions that are not consistent with shareholder wealth maximization is severely limited. However‚ this is not always the case. Managers may have discretion to pursue their objectives before those of the shareholders as there is information asymmetry between the two parties. Berk and DeMarzo (2011:533) state that the
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It is not common practice to disclose the terms or reasoning of a plea agreement to the general public. This secrecy breeds an unease in society that can undermine the realistic and necessary function of plea negotiations. Due to prosecutorial discretion‚ prosecutorial immunity‚ and Supreme Court Precedent‚ policy changes directed at plea negotiations would likely require presidential action. However‚ similarly to current ethical codes presented by the American Bar Association‚ a code could be created
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lifetime (Mauer‚ 2004). The reason behind why racial disparity continues to grow is for four reasons. The four reasons would be prosecutorial discretion‚ ineffective assistance by attorney’s and procedural bar‚ venue and jury selection‚ and racism by the jurors. In the case of prosecutorial discretion the comparison of white-collar crime and street crime will show the discretion. The sentence in a white-collar crime case is less than the sentence in a street crime. An example would be that if individual’s
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One of the frustrations faced by many businesses is that after the perpetrators of crimes have been identified‚ the District Attorney’s office will not pursue the case. One option is for victims to sue the DA in an attempt to compel him to prosecute‚ but this would be costly and proving dereliction of duty would be difficult. The DA is effectively immune. Other options are more promising. The law should encourage (and prosecutors’ offices should welcome) private preparation of criminal cases. Prosecutors’
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A prosecutor and a defense attorney are different in a lot of ways. In all cases‚ the prosecution is the lawyer that acts on behalf of the state and victim(s) in a case. The defense counsel is the lawyer who represents the party being accused in the legal matter that they are charged in. Both are present in court and debate back and forth against the evidence being presented‚ proving that the defendant is to be found guilty or innocent. One major difference is that the prosecution is to seek justice
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than any other person in America” (Davis‚ 1969‚ p.190). Frohmann examined the powerful discretion prosecutors have in their justification for sexual assault case rejections in her research article‚ Discrediting Victim’s allegations of Sexual Assault: Prosecutorial Accounts of Case Rejections. Her research was replicated and extended in a 2001 study by Spohn‚ Beichner‚ and Davis-Frenzil titled Prosecutorial Justifications for Sexual Assault Case Rejection: Guarding the “Gateway to Justice”.
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1 A Square Peg in a Round Hole – The Suitability of Judicial Review as a Remedy for All Constitutional Wrongs Legal Citation Guide: McGill Law Journal’s Canadian Guide to Uniform Legal Citation‚ 7th Ed. 2 I. Introduction The Constitution of the Republic of Singapore is the supreme law of the land1‚ and establishes a form of parliamentary government based on the separation of the legislative‚ executive and judicial powers. However‚ while each arm of the government
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