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The existing literature documents mixed evidence toward the association between corporate social responsibility (CSR) and corporate tax planning (e.g., Davis, Guenther, Krull, & Williams, 2016; Hoi, Wu, & Zhang, 2013). In this study, I aim to identify a causal relationship between CSR and tax planning, leveraging the staggered adoptions of constituency statutes in US states, which is a plausibly exogenous shock to firms' emphasis on their social responsibility. In general, the statutes permit firm directors to consider the interests of all constituents when making business decisions, including those who benefit from firms paying their fair share of income taxes. Thus, the adoption of the statutes raises the importance of firms' social responsibility in paying income taxes. Employing a staggered difference-in-differences (DiD) method, I find that firms incorporated in states that have adopted constituency statutes exhibit significantly higher effective tax rates (ETRs) based on current tax expense. This causal relationship suggests that managers, with the legitimacy to consider the social impact of tax avoidance, become less aggressive in tax planning. I further find that the effect of adoption is stronger for financially unconstrained firms and firms in retail businesses, where the demand (cost) for tax avoidance is lower (higher). Finally, I show that my main results are driven by firms located in states with a high sense of social responsibility and firms with high levels of tax avoidance prior to the adoption. Overall, the findings in this chapter contribute to the literature by delineating a negative causal relationship between CSR and tax avoidance and identifying a positive social impact brought by the passage of constituency legislation.

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

Section 80A(c)(ii) of the Income Tax Act 58 of 1962, as amended (the Act), introduced a new concept to the South African income tax environment: misuse or abuse of the provisions of the Act, including Part IIA thereof. According to the Revised Proposals on Tax Avoidance and section 103 of the Income Tax Act 58 of 1962 (Revised Proposals) the rationale behind the insertion of section 80A(c)(ii) was to reinforce the modern approach to the interpretation of tax statutes “in order to find the meaning that harmonizes the wording, object, spirit and purpose of the provisions of the Income Tax Act”. The objective of this article is to examine the rationale behind section 80A(c)(ii) of the Act.

Provides a profile of state laws pertaining to campus police. Reveals wide variations across the USA. Notes that statutes are often the state legislature’s ad hoc response to a problem. Many campuses require their police to be deputized by the local police authorities. Finds that the majority of states grant police authority to officers at public institutions and that it is usual for the governing body or chief executive officer to have appointing authority over campus police. Suggests elements for a model campus police statute.

In this article Professor Perry argues that Plessy v. Ferguson and the de jure segregation it heralded has overdetermined the discourse on Jim Crow. She demonstrates through a historical analysis of activist movements, popular literature, and case law that private law, specifically property and contract, were significant aspects of Jim Crow law and culture. The failure to understand the significance of private law has limited the breadth of juridical analyses of how to respond to racial divisions and injustices. Perry therefore contends that a paradigmatic shift is necessary in scholarly analyses of the Jim Crow era, to include private law, and moreover that this shift will enrich our understandings of both historic and current inequalities.

Public universities in South Africa are required to govern, manage and structure themselves in accordance with the Higher Education Act 101 of 1997. Notwithstanding this, institutional culture also plays a role in determining how governance is conducted within these universities. This is shown within the Institutional Statutes and Rules, wherein the nature of both the leadership and governance processes manifest in these documents. The 2015–2016 proved to be a watershed year in the South African higher education (HE) sector, as it reflected on inter alia, how academic endeavor and governance of universities is to be achieved. Prior to this period and post the advent of the new democracy, public universities operated under significant autonomy. More broadly pre-2015–2016 Statutes reflect this, with historically white institutions evidencing prioritizing autonomy as the prime driver of governance. Attempts to introduce self-regulatory codes were resisted, as they were seen as a way to corporatize and managerialize universities. This chapter reviews the impact of institutional culture and the fallists’ protests on the governance models of three universities, through the analysis of their institutional statutes pre- and post-2015–2016 period. It contextualizes HE governance both internationally and locally, and further outlines forms of governance within South African higher education institutions.

The purpose of this paper is to explain the changes to the US federal money laundering and criminal fraud statutes contained in the Fraud Enforcement and Recovery Act of 2009 (“FERA”)

The paper explains how FERA extends the definition of “proceeds” under the statute to include gross receipts of illegal activity, how the definition of a financial institution is revised to include a mortgage lending business, and how the federal securities fraud statute is expanded to apply to frauds involving commodity futures and options.

Any prior ambiguity as to the meaning of “proceeds” has now been unequivocally resolved; alleged money launderers will no longer be able to defend themselves by arguing that they committed unprofitable criminal activities. The classification as a “financial institution” matters because a number of federal criminal statutes either only apply to financial institutions or set out different penalties or statutes when a financial institution is affected by a generally applicable crime. Under FERA, henceforth frauds involving options and futures in commodities will violate the securities fraud statute.

The paper presents practical guidance by an experienced white‐collar criminal defense lawyer.

The purpose of this paper is to examine the general direction and pattern of modern economic and financial crimes statutes in Nigeria.

This paper examines Nigerian economic and financial crime statues.

This paper identifies the trend and features, which are common to all the statutes irrespective of economic and financial crime covered by them.

This paper shows that although Nigerian economic and financial crimes statutes have evolved gradually from Military era Decrees, and target different aspects of economic and financial crimes, there are certain features, which are common to all of them.

Attempts to analyse the role of the judge in interpreting statute law. Looks at the traditional British rules of interpretation, presumptions and jurisprudential policy in the construction of statutes. Examines the dramatics change of attitude by British judges necessitated by European law and provides some thoughts on the interpretation and construction of enactments by judges. Continues by covering the judge’s interpretation of common law through the doctrine of judicial precedent, with regard to the hierarchy of the courts and persuasive precedents. Cites a number of case examples.

With the rise of geopolitical tensions among the leading state actors, the Chinese citizens and companies are increasingly targeted by the unilateral restrictive measures. These frequently include the so-called secondary sanctions, i.e. penalties imposed on third parties for failing to comply with the sanctions regime, the US practice being a prominent example. The purpose of this paper is to analyze China's legal instruments related to imposition of and protection from unilateral restrictive measures of third countries.

The present paper discusses China’s legal defenses counteracting the extraterritorial sanctions by comparison with the legislative and enforcement practices of the EU, which has accumulated substantial experience trying to shield its businesses from the US secondary sanctions. The paper identifies the differences between the two anti-sanctions regimes and highlights the key factors that will affect the future enforcement of blocking rules in China.

When designing its anti-foreign sanctions legislation, China has considered similar legislation adopted by other jurisdictions, most notably – the EU blocking statute. The comparative assessment of the two blocking regimes reveals substantial similarities in legislative and procedural standards with important differences in enforcement capabilities and institutional frameworks.

The paper represents one of the first attempts to anticipate the directions in enforcement of China's blocking legislation taking into account the EU experiences in this domain.