Judicial Activism Active Judiciary‚ passive executive In normal circumstances‚ judicial activism should not be encouraged. But the circumstances are not normal. The political system is in a mess. In several areas‚ there is a situation to administrative paralysis. Take the recent Hawala case‚ which is a good example of judicial activism. What transpired in this case is very instructive. In this case the prime minister’s name was also involved‚ and
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USU 1300 Is Judicial Activism in the best interest of the American people? Suzanna Sherry reminds us in her working paper‚ Why We Need More Judicial Activism‚ that “an examination of constitutional practice shows that too little activism produces worse consequences than does too much” and since we cannot assure judges are consistently “fair” it is better to be overly aggressive than overly restrained. In the most basic sense‚ judicial activism is when judges apply their own political opinion in
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Judicial Activism vs. Judicial Self-Restraint There are many differences between Judicial Activism and Judicial Self Restraint. Judicial Activism is the process by which judges take an active role in the governing process and Judicial Self Restraint is that Judges should not read their own philosophies into the constitution. Judicial activism is the view that the Supreme Court should be an active and creative partner with the legislative and executive branches in help shaping the government policy
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we are going to explain the role of shareholders‚ directors and partners in the different types of business; and then we will see the importance of legal constraints on decision making within business organisations. 1- THE ROLE OF THE SHAREHOLDERS: There are no shares in the sole trader and partnership ownership; that is why shareholders do not apply in these two types of businesses. In Private Limited Companies‚ there must be at least two shareholders but no maximum number. The principal
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The purpose of the corporation: Shareholder-value maximization? Finance Working Paper N°. 95/2005 Revised version: February 2006 Petra Joerg Institut für Finanzmanagement‚ Universität Bern Claudio Loderer Institut für Finanzmanagement‚ Universität Bern Lukas Roth The Pennsylvania State University Urs Waelchli Institut für Finanzmanagement‚ Universität Bern © Petra Joerg‚ Claudio Loderer‚ Lukas Roth and Urs Waelchli 2006. All rights reserved. Short sections of text‚ not to
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felt like it was natural for me to be drawn to the topic of arts in Cuba. At the start of this semester I was most concerned with the ways in which Cuban artists of all forms were dealing with activism. I eventually found myself struggling with the concept of activism itself and was left wondering if activism was even something that Cubans were allowed to grapple with. Understanding the great deal of power that socialism and Fidel Castro’s regime had over the Cuban people it seemed impossible for them
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......... 3 I. Introduction.......................................................................................................................................... 4 II. Analytical Framework: The Shareholder and Stakeholders Models of Governance........................... 5 II.1 The Shareholder Model ................................................................................................................ 6 II.2 The Stakeholder Model ..................................................
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Memo to Shareholders – Carpino Company To: Shareholders‚ Carpino Company Inc. From: Subject: First Year Performance of Carpino Company Introduction Upon completion of Carpino Company’s first year of business‚ it is with great satisfaction that I present to you the year end Cash Flow Statement and analysis for the period ended January 31‚ 2007. You will notice the statement as presented shows in detail the various operating‚ investing‚ and financing activities of the organization. Analysis
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Chapter 158 Distributions to Shareholders: Dividends and Repurchases ANSWERS TO END-OF-CHAPTER QUESTIONS 158-1 a. The optimal distribution policy is one that strikes a balance between dividend yield and capital gains so that the firm’s stock price is maximized. b. The dividend irrelevance theory holds that dividend policy has no effect on either the price of a firm’s stock or its cost of capital. The principal proponents of this view are Merton Miller and Franco Modigliani (MM). They
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One of the most widely used concepts in finance is that shareholders require a risk premium over bond yields to bear the additional risks of equity investments. While models such as the two-parameter capital asset pricing model (CAPM) or arbitrage pricing theory offer explicit methods for varying risk premia across securities‚ the models are invariably linked to some underlying market (or factor-specific) risk premium. Unfortunately‚ the theortical models provide limited practical advice on establishing
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