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Draft Corporate Manslaughter Bill

Draft Corporate Manslaughter Bill
Author: Great Britain: Parliament: House of Commons: Home Affairs Committee
Publisher: The Stationery Office
Total Pages: 124
Release: 2005-12-20
Genre: Business & Economics
ISBN: 0215026683
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This joint report by the Home Affairs Committee and the Work and Pensions Committee examines the Government's proposals to reform the law on corporate manslaughter, as set out in the draft Bill (Cm 6497, ISBN 010164972X) published in March 2005 for consultation. The report supports the introduction of the draft Bill to address the need for a statutory offence to shift the basis of liability for corporate manslaughter away from the requirement of identifying a 'directing mind' of a guilty company, since this 'identification principle' has made prosecutions of large companies almost impossible under the current common law. Issues discussed include: the application of the offence of corporate manslaughter in relation to corporations, government departments and police forces; issue of causation; the law of negligence, relevant duty of care and contractual relationships; management failure, the role of senior managers and gross breach; the removal of Crown immunity; territorial application of the offence; corporate sanctions; individual liability for directors; powers of investigation and prosecution, including the requirement to obtain the consent of the Director of Public Prosecutions before a private prosecution can be brought; and cost issues.

Death by Corporation

Death by Corporation
Author: Brian Moench
Publisher:
Total Pages: 507
Release: 2019-01-16
Genre:
ISBN: 9781792171956
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All the reviews are in! ExxonMobil, Volkswagen, and Big Pharma hate this book. Monsanto hates this book so much they are trying to genetically modify it. Big Pharma thinks this is the worst book ever written because their pills won't cure it, and the chemical corporations are trying to spray all the copies of this book with pesticides to try and kill it. McDonald's, Burger King, and Arby's are grinding this book up and feeding it to cattle. Wall Street CEOs are throwing this book off the decks of their yachts. If he could read, Donald Trump would build a wall around this book, because it contains facts. And the public will definitely hate what's in this book, which is exactly why they need to read it.Businesses, especially large corporations, are becoming more and more controlling influences in the global economy, in governments, and in public policy throughout the world. In fact, corporations have become almost soulless monsters in the singular pursuit of profit, perpetrating, even feeding off human misery, threatening every aspect of human life--the air we breathe, the water we drink, the food we eat, the health care we receive, and even the survival of humankind itself. Dr. Brian Moench reviews the historic and current inhumane behavior of well known corporations, offering shocking detail and insights about the pharmaceutical, chemical, financial, pesticide, biotech, food processing, lead, gun, asbestos, and fossil fuel industries. A common denominator among them is that despite scientific and empirical evidence of the danger and lethality of their products, these industries successfully fought off meaningful regulation for many decades, and many are still succeeding today. Why is it that corporations run by seemingly accomplished and talented, if not admirable people, end up behaving like psychopathic, Frankenstein monsters, where profit eclipses all other considerations, including the literal survival of the human population? In today's world, with the global reach of corporations, and their technological capability for destruction, those unrestrained pathologic urges are hurtling us all toward consequences unimaginable, and a future irredeemable. What must we do to save ourselves before its too late?

Corporate Manslaughter and Regulatory Reform

Corporate Manslaughter and Regulatory Reform
Author: P. Almond
Publisher: Springer
Total Pages: 224
Release: 2013-01-17
Genre: Social Science
ISBN: 1137296275
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This book provides an account of the international emergence of corporate manslaughter offences to criminalise deaths in the workplace during the last twenty years, identifying the limitations of health and safety regulation that have prompted this development.

Kill the Company

Kill the Company
Author: Lisa Bodell
Publisher: Routledge
Total Pages: 144
Release: 2016-10-21
Genre: Business & Economics
ISBN: 1351861530
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In the ever-changing world of business, we've arrived at a point where process has trumped culture, where the race toward efficiency has left us unable to reach our potential. Stuck in the land of status quo, we've forgotten how to think. The very structures put in place to help businesses grow are now holding us back;; it's time to Kill the Company. This book is a call to arms: to start a revolution in how we think and work. But instead of more one-size-fits-all change initiatives forced upon employees, we need to embrace small changes that create ripple effects throughout the organization. Lisa Bodell urges companies to move from "Zombies, Inc." to "Think, Inc." Thinking can no longer be exclusive to the creative team or lead strategists. A culture of curiosity must be fostered among the ranks to shake up our standard practices, from unproductive meetings to go-nowhere strategic planning. This revolution can and will awaken our ability to think, and ultimately, to innovate and grow.

When Business Kills

When Business Kills
Author: Sarah Field
Publisher: Business Expert Press
Total Pages: 62
Release: 2017-11-21
Genre: Business & Economics
ISBN: 1631579657
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This book aims to explain in clear, accessible language, the approach taken by government to corporate offending resulting in a fatality in both the United Kingdom and the United States. The key provisions of the statutory offense of corporate manslaughter, introduced into the United King­dom in 2008, are examined, and set in context through a consideration of their relationship with prosecution for fatalities at work via the Health and Safety at Work etc Act 1974. Further contextualization is made through comparison with the current position in the United States, highlighting both similarities and differences in approach to occupational fatalities. The range of potential penalties is discussed with particular focus on the sentencing guidelines that apply after February 2016. Concluded corporate homicide cases are reviewed in order to assess the current regime in terms of financial penalties and to shine light on the evolving approach of the prosecuting authorities and the courts to these offenses.

Corporate Duties to the Public

Corporate Duties to the Public
Author: Barnali Choudhury
Publisher: Cambridge University Press
Total Pages: 387
Release: 2019-01-10
Genre: Law
ISBN: 1108381847
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In a world where the grocery store may be more powerful than the government and corporations are the governors rather than the governed, the notion of corporations being only private actors is slowly evaporating. Gone is the view that corporations can focus exclusively on maximizing shareholder wealth. Instead, the idea that corporations owe duties to the public is capturing the attention of not only citizens and legislators, but corporations themselves. This book explores the deepening connections between corporations and the public. It explores timely - and often controversial - public issues with which corporations must grapple including the corporate purpose, civil and criminal liability, taxation, human rights, the environment and corruption. Offering readers an encompassing, balanced, and systematic understanding of the most pertinent duties corporations should bear, how they work, whether they are justified, and how they should be designed in the future, this book clarifies corporations' roles vis-à-vis the public.

Business Risk Management Handbook

Business Risk Management Handbook
Author: Linda S Spedding
Publisher: Elsevier
Total Pages: 784
Release: 2007-11-14
Genre: Business & Economics
ISBN: 0750681748
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Provides a practice-oriented overview of risk management issues with particular reference to identifying and measuring risk. Looks at some of the current risk issues and the concept of organisations creating a 'Sustainable Enterprise Risk Management' (SERM) methodology to encapsulate these risk areas with more traditional areas of risk management. Includes examples and case studies. Examines new research on the social and environmental categories of sustainability related risks.

In Search of Corporate Accountability

In Search of Corporate Accountability
Author: Stefan H. C. Lo
Publisher: Cambridge Scholars Publishing
Total Pages: 410
Release: 2016-01-14
Genre: Law
ISBN: 1443887714
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There is currently much debate over corporate social responsibility on whether business companies should look beyond shareholder primacy and profit maximisation to act for the benefit of others. It is generally agreed, however, even amongst advocates of shareholder primacy, that profit maximisation should only be achieved within the framework of external laws regulating the conduct of individuals and companies generally. If the objectives of such external laws are not to be defeated, then it is important for controllers of companies to ensure corporate compliance with the law. Despite this, controversies have arisen where corporate enterprises may have improperly flouted or evaded liabilities under the law. Against this background, it is argued in this book that it is necessary to ensure that responsible persons are accountable under the law so as to promote compliance with legal regulations in the corporate context. Individuals or entities behind the company who are responsible for wrongful conduct should be held liable under the law – whether it be tort law or statutory regulation. Some counter that the corporate law principles of limited liability and separate entity have the primacy to effectively shield those behind the company from at least certain types of liability. However, it is undesirable for corporate insiders to hide behind the company to avoid tortious or statutory liabilities. This book adopts a theory of interactive (corrective) justice that is applied in the corporate context to justify the imposition of civil liability on responsible directors, shareholders and other corporate participants under Anglo-Australian law. In light of this theoretical framework, possibilities of rectifying deficiencies in the law through judicial development of existing legal principles are examined. To the extent that appropriate directions in the law cannot be achieved via judicial development of the law, the book also investigates possibilities of statutory reform.

Deadly Spin

Deadly Spin
Author: Wendell Potter
Publisher: Bloomsbury Publishing USA
Total Pages: 304
Release: 2010-11-09
Genre: Political Science
ISBN: 1608193500
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That's how Wendell Potter introduced himself to a Senate committee in June 2009. He proceed to explain how insurance companies make promises they have no intention of keeping, how they flout regulations designed to protect consumers, and how they make it nearly impossible to understand information that the public needs. Potter quit his high-paid job as head of public relations at a major insurance corporation because he could no longer abide the routine practices of the insurance industry, policies that amounted to a death sentence for thousands of Americans every year. In Deadly Spin, Potter takes readers behind the scenes of the insurance industry to show how a huge chunk of our absurd healthcare expenditures actually bankrolls a propaganda campaign and lobbying effort focused on protecting one thing: profits. With the unique vantage of both a whistleblower and a high-powered former insider, Potter moves beyond the healthcare crisis to show how public relations works, and how it has come to play a massive, often insidious role in our political process-and our lives. This important and timely book tells Potter's remarkable personal story, but its larger goal is to explain how people like Potter, before his change of heart, can get the public to think and act in ways that benefit big corporations-and the Wall Street money managers who own them.

Company Law

Company Law
Author: Douglas Smith
Publisher: Routledge
Total Pages: 349
Release: 2018-10-08
Genre: Business & Economics
ISBN: 1136007784
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Company Law is essential reading for business and law students, and for those studying for professional exams. The theoretical concepts are explored and developed with the use of a variety of case examples to place the learning in context. Comprehensive pedagogy with objectives, review questions, summaries, discussion questions and a case study exercise to consolidate the learning in each chapter. The accessible and concise treatment of the issues explored makes the learning easy to follow and more pertinent to the student needs, particularly for those who are studying a one-semester course. Easy to read,with a user friendly layout, Company Law, with the use of case studies and review questions leads the reader through the various stages involved with creating and managing a private company through to dissolution. Building on the learning covered in the companion textbook Business Law, this text is a user friendly and comprehensive introduction to all aspects of company law.