Contents

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CLWR 38 (2009) 103

The Meanings of Dishonesty in Theft
Alex Steel

This paper examines the development of the element of fraudulence in larceny and its recasting as dishonesty in modern theft offences. It examines the diverging approaches in England, Canada, New Zealand and Australia and attempts to explain the implications of the various approaches. It suggests that historical debates over the term arose because of the lack of clarity in early decisions, and that those debates continue today. Consequently, the principled basis for dishonesty as a legal term remains fundamentally unclear and discussion of the term requires further consideration.

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CLWR 38 (2009) 137

Employers' Liability for Occupational Stress and Death from Overwork in the United States and the United Kingdom
Tamie Kobayashi and Sam Middlemiss

The premise of this paper is that those persons who excessively overwork can die as a result, through stress-related illness or suicide. This paper undertakes a comparative analysis of the legal treatment of stress-related illness at work and, in particular, death by overwork (known as Karoshi in Japan). The legal rules governing this aspect of health and safety in the US and the UK will be considered primarily, because these are countries where this problem has not been properly recognized and, accordingly, legislators and the judiciary in both the US and the UK have largely failed to address it. Despite this, it is a fact that organizations in these countries have the worst record for requiring their workforce to work excessively and/or for long hours. Research has shown that this leads to stress-related illness and sometimes death by overwork in organizations. The failure to take legal action to deal with this problem in the US and the UK is all the more surprising and disappointing because these countries (along with Japan where it is legally recognized) have the richest economies in the world. It is now accepted that a working pattern and culture of long hours and excessive working adversely affect workers by putting at risk their physical and/or mental health, and it is important to consider how workers in this position are dealt with by employers and within the legal framework of both jurisdictions.

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CLWR 38 (2009) 170

Critical Corporate Governance and the Demise of the Ultra Vires Doctrine
L.E. Talbot

Using a contextual approach this paper assesses the corporate governance implications of the historical demise of the ultra vires doctrine from its muscular assertion in Ashbury through to the Companies Act 2006. It demonstrates that the strict approach in Ashbury was designed to empower outsider shareholders in companies where ownership was becoming separate from control but that paradoxically this approach was reversed as separation became more complete with increased share dispersal. The subsequent enhancement of insider (but minority) investor and management power, demonstrated in both England and the United States, raises questions as to why ultra vires has not been protected and bolstered by successive governments. It concludes that the demise of ultra vires is indicative of a bias in company law and government policy in favour of an elite group of controlling shareholders.

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Links to other issues

Volume 30 (2001) :   1   2   3   4

Volume 31 (2002) :   1   2   3   4

Volume 32 (2003) :   1   2   3   4

Volume 33 (2004) :   1   2   3   4

Volume 34 (2005) :   1   2   3   4

Volume 35 (2006) :   1   2   3   4

Volume 36 (2007) :   1   2   3   4

Volume 37 (2008) :   1   2   3   4

Volume 38 (2009) :   1   2   3   4

Volume 39 (2010) :   1   2   3

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