"Oppression and Related Remedies" is the definitive one stop shop for shareholder litigation. It avoids case summaries and provides a coherent, principled analysis of the factors that lead courts to one line of cases or the other by highlighting conflicting case law and analysing it. This comprehensive guide also provides detailed analysis of burgeoning related areas such as directors' liability and takeover bid litigation.
A. J. Boyle assesses the state of English company law on minority shareholders' remedies from historical, theoretical and comparative perspectives in this important addition to Cambridge Studies in Corporate Law. He analyses the reforms of the UK Law Commission, which have been further appraised and amplified by the work in progress of the Company Law Review Steering Group. The book covers the common law actions by exception to the Rule in Foss v. Harbottle, and the statutory remedies by way of petition for unfair prejudice and/or just and equitable winding up. As well as considering the complexities of derivative actions and statutory minority remedies, Boyle discusses directions for minority shareholders' remedies. This book will be of interest to academics and practitioners in company and corporate law, particularly in the UK, US, France and Germany, as well as throughout the Commonwealth.
Black Americans continue to lag behind on many measures of social and economic well-being. Conventional wisdom holds that these inequalities can only be eliminated by eradicating racism and providing well-funded social programs. In Race, Wrongs, and Remedies, Amy L. Wax applies concepts from the law of remedies to show that the conventional wisdom is mistaken. She argues that effectively addressing today's persistent racial disparities requires dispelling the confusion surrounding blacks' own role in achieving equality. The evidence overwhelmingly suggests that discrimination against blacks has dramatically abated. The most important factors now impeding black progress are behavioral: low educational attainment, poor socialization and work habits, drug use, criminality, paternal abandonment, and non-marital childbearing. Although these maladaptive patterns are largely the outgrowth of past discrimination and oppression, they now largely resist correction by government programs or outside interventions. Wax asserts that the black community must solve these problems from within. Self-help, changed habits, and a new cultural outlook are, in fact, the only effective tactics for eliminating the present vestiges of our nation's racist past. Published in cooperation with the Hoover Institution
In the United States, some populations suffer from far greater disparities in health than others. Those disparities are caused not only by fundamental differences in health status across segments of the population, but also because of inequities in factors that impact health status, so-called determinants of health. Only part of an individual's health status depends on his or her behavior and choice; community-wide problems like poverty, unemployment, poor education, inadequate housing, poor public transportation, interpersonal violence, and decaying neighborhoods also contribute to health inequities, as well as the historic and ongoing interplay of structures, policies, and norms that shape lives. When these factors are not optimal in a community, it does not mean they are intractable: such inequities can be mitigated by social policies that can shape health in powerful ways. Communities in Action: Pathways to Health Equity seeks to delineate the causes of and the solutions to health inequities in the United States. This report focuses on what communities can do to promote health equity, what actions are needed by the many and varied stakeholders that are part of communities or support them, as well as the root causes and structural barriers that need to be overcome.
The law of commercial remedies raises a number of important doctrinal, theoretical and practical controversies which deserve sustained and rigorous examination. This volume explores such controversies and suggests solutions, which is essential to ensure that the law is defensible, clear and just. With contributions from twenty-three leading academic and practitioner experts, this book addresses significant issues in the law which, taken together, range across the entire remedial jurisdiction as it applies to commercial disputes. The book primarily focuses on the resolution of controversies in the English law of commercial remedies, but recent developments elsewhere are also considered, especially in other common law jurisdictions. The result provides remarkably comprehensive coverage of the field which will be of relevance to academics, students, judges and practitioners.
This volume examines different forms of language and dialect discrimination on U.S. college campuses, where relevant protections in K-12 schools and the workplace are absent. Real-world case studies at intersections with class, race, gender, and ability explore pedagogical and social manifestations and long-term impacts of this prejudice between and among students, faculty, and administrators. With chapters by experts including Walt Wolfram and Christina Higgins, this book will be useful for students in courses in language & power and language variety, among others; researchers in sociolinguistics, education, identity studies, and justice & equity studies; and diversity officers looking to understand and combat this bias.
As the population of older Americans grows, it is becoming more racially and ethnically diverse. Differences in health by racial and ethnic status could be increasingly consequential for health policy and programs. Such differences are not simply a matter of education or ability to pay for health care. For instance, Asian Americans and Hispanics appear to be in better health, on a number of indicators, than White Americans, despite, on average, lower socioeconomic status. The reasons are complex, including possible roles for such factors as selective migration, risk behaviors, exposure to various stressors, patient attitudes, and geographic variation in health care. This volume, produced by a multidisciplinary panel, considers such possible explanations for racial and ethnic health differentials within an integrated framework. It provides a concise summary of available research and lays out a research agenda to address the many uncertainties in current knowledge. It recommends, for instance, looking at health differentials across the life course and deciphering the links between factors presumably producing differentials and biopsychosocial mechanisms that lead to impaired health.
