Abstract
This paper compares the highly centralized government planning system in the UK as compared to the control of development in the USA. It shows how the US has a stronger localized tradition, with more layers of government that understand local planning matters, while the UK reserves the right to become involved in conflicts where 'the national interest' is concerned. Ultimately, the author contends, the differences between the two countries' constitutions can be detected in their planning systems.

From the Paper
"The ownership of property, at first glance, appears to confer certain rights to the owner in respect of the development of that land. But in reality the situation is more complicated, especially within the British planning system. In this country the ownership of land rights does not bring with it the right to develop that land. The government at both a local and national level ultimately decide whether or not development can go ahead. However, the government itself is not constrained by specific regulations or constitutional considerations. The state in Britain has significant discretion in the control of development. Here I shall discuss the advantages and limitations of giving a central role to governmental discretion in the control of development. For comparative analysis, planing practice in the USA shall also be discussed".

Tags:comparative, planning, spatial, town, urban, usa, uk, united, states, america, britain, british, united, kingdom, local, national, government, constitution

Abstract
This paper examines how the s214 Insolvency Act of 1986 enables the court to declare a director liable to contribute to the company?s assets if it is satisfied that the director could have avoided insolvency. It looks at how the introduction of the wrongful trading provisions was primarily a means of protecting creditors against the abuse of the limited liability privilege by directors. It attempts to show how despite providing the utility of penalising the activities of reckless directors without having to prove dishonesty, the surprisingly few s214 actions that have been brought have indicated the provision?s inadequacy. It also discusses how there is clearly an urgent need to reform the method by which s214 proceedings are financed.

From the Paper
"In the light of the Cork Report, the "wrongful trading" provision was incorporated into s214 Insolvency Act 1986. This applies to any director or "shadow director" of a company which has entered insolvent liquidation and, at some time prior to the commencement of its winding-up, such a person knew or ought to have known that there was no reasonable prospect that the company would avoid going into insolvency . The standard of skill and care by which a director will be judged is outlined in s214(4). This provides that the court should take into account the knowledge, skill and experience of the particular director and whether his actions are those that would be taken by "a reasonably diligent person", possessing the knowledge, skill and experience that could be reasonably expected of a person in that position."

Tags:business, company, director, financial, fraud, fraudulent, liquidation

Abstract
The paper examines the various methods of dispute resolution that are available to parties and critically examines the various disadvantages and advantages of the most popular methods of alternative dispute resolution (ADR). It also examines litigation and discusses to what extent ADR has replaced litigation.

From the Paper
"The case management introduced by Lord Woolf has encouraged the use of ADR and CPR rule 44 has meant that severe cost penalties can be imposed by the courts if ADR is not considered or is refused unreasonably. This is demonstrated in the case of Dunnett , here Railtrack had successfully defended an appeal from Dunnett and sought its costs, when the trial judge had granted Dunnett leave to appeal he advised her to consider ADR, she approached Railtrack but they refused the ADR. The Court of Appeal held the parties had a duty to further the overriding objective of the CPR and that this included considering ADR, in this case Railtrack had failed to do this before the cost of the appeal had begun to accumulate. This attitude by the courts demonstrates the importance that is placed on ADR and it puts it at the centre of the civil justice system."

Tags:arbitration, concilliation, litigation, mediation, report, woolf

Abstract
Whilst the US.authorities have expressly concluded that anti-trust should rarely, if at all, interfere in the taking place of conglomerate mergers, the European Commission (EC) has, in contrast, become increasingly concerned with the 'conglomerate effects' of mergers, in a number of its relatively recent decisions. This paper discusses the potential anti-competitive effects that can result from such mergers, and then subsequently focuses on two key E.C. decisions - GE/Honeywell and Tetra Laval/Sidel for the main analysis, with relevant comparison between E.C. and U.S. perspectives.

Outline
Abstract
Anti-Competitive Effects Resulting From Conglomerate Mergers
The GE/Honeywell Saga
Tetra Laval/Sidel
Conclusion

From the Paper
"The issue of 'efficiencies' represented a major point of divergence in the EC and US attitudes towards the potential effects of the merger and was a theme which ran through the core of many of the individual points and arguments made. Efficiency is considered to be the "ultimate goal" of US ant-trust policy , with the purpose of the Sherman Act and other competition laws being to "protect competition, not competitors" . The EC's decision in GE/Honeywell was thus heavily criticised for, as far as the US authorities perceived it, actually blocking the merger because it would give rise to efficiencies, such as lower capital costs and cheaper prices, which Honeywell's rivals would be unable to compete with."

Tags:General, Electric, Honeywell, Tetra, Pak, Laval, Sidel, market, dominant, leverage, monopoly

Abstract
This paper examines how the use of money laundering to protect and fund terrorist activities is well known and how measures to effectively combat money laundering must be focused and proportionate. It deals with the main provisions of the Money Laundering Regulations 2003 and discusses the extent to which the regulations have been successful in combating money laundering.

Outline
Introduction
Previous Law and Effectiveness
Reporting Obligations
Legal Professional Privilege
Definition of Regulated Sector
Conclusion

From the Paper
"The Regulations apply to "relevant businesses", a term synonymous with being in the "regulated sector" for the purpose of the Act. The Regulations require firms to maintain internal reporting procedures that require persons doing regulated work to disclose money-laundering suspicions, failing which the firm and in some cases partners, would be guilty of a criminal offense. However, the obligation to report suspicion is not qualified by any objective requirement that the suspicion be reasonable. It would therefore appear that genuine but unreasonable suspicion would also suffice. It is not necessary to establish that the person was actually aware or suspected money laundering, simply that he should have known or suspected the activity. "

Tags:crime, terrorismf, inance, banks

Abstract
The growth of the internet is arguably one of the most important areas of law today. This paper deals with e-commerce and the changing importance of trademarks, highlighting issues that have developed through the use of trademarks in e-commerce, such as metatags and linking practices. In particular, it focuses on protecting online brands and trademarks, developments in online trademark use, metatags, linking and case law. A comparison of the U.K. and U.S. legal position is also made.

Introduction
Protecting Online Brands and Trademarks
Developments in Online Trademark Use
Metatags, Linking and Case Law
Territorial Complexities
World Intellectual Property Organization Recommendation
Conclusion

From the Paper
"While the aim of IP rights to protect and aid commercial exploitation and innovation remains constant, the means by which they are expressed are constantly adapting to technological developments on the Internet. As a result, difficult issues are raised by the vast availability of IP on the Internet. For example, the ease of copying and distribution of copies and the anonymity offered to this practice conflicts with the user expectation that information downloaded on the Internet should be free of charge."

Tags:adwords, wipo, trademark

Abstract
This paper defines insider dealing and the types of activities that are involved in this particular type of trading. The author examines arguments in favor of regulations restricting and prohibiting insider dealing, as well as reasons for why legislation should be abolished and trading permitted.

From the Paper
"In determining the appropriate legislative responses to deal with insider trading, it is necessary to understand what is constitutes and its effect, both negative and positive, on the securities market. Insider trading occurs when a person who possesses non-public information trades in the security market or communicates such information to others who trade. The person using this information violates insider trading laws if they owe a responsibility of confidentiality and trust not to use the information. People who are tipped off by an insider can also be prosecuted for insider trading. The key idea about insider trading is that it provides the market with information. Those who trade with inside knowledge sell at higher prices and buy at lower prices, resulting in corporate insiders earning abnormal profits."

Tags:dealing, ethics, laws, trading, sec, regulations, supreme, court

Abstract
This essay discusses the ways in which a stakeholder approach to corporate governance would differ from the existing system of a stockholder approach in the UK. A definition of corporate governance is provided along with the differences between stakeholder and stockholder approaches to this particular issue. The extent to which a stakeholder approach would change the existing system is also investigated. References and evidence to support these arguments are provided throughout the essay.

From the Paper
"The new proposal of corporate governance is that of a stakeholder approach. The fundamental principle behind this concept is that shareholders are no longer the only members of an organization who have an interest in the conduct and performance of the company. This is supported by Demb & Neubauer (1992) who state "corporate governance is the process by which corporations are made responsive to the rights and wishes of stakeholders". J. Kay (1995) also states "it is the purpose of companies to maximize its profits or to develop its business in the interests of customers, employees, suppliers and other stakeholders in the wider community." "

Tags:corporate, freeman, friedman, goodpaster, governance, stakeholder, stockholder

Abstract
This paper provides a comparative analysis of the human resource management systems used in Japan and Germany predominantly making use of the Harvard model which is included as a diagram. Areas used for comparison are extensive and include culture, laws, management philosophy, decision making and trade unions to mention but a few. A diagram of the Japanese style of HRM is also included.

From the Paper:

"Increased interest in international human resource management has led to the classification of its processes and influences. One particular classification or framework is that of the Map of Human Resource Territory, later adopting the name of the Harvard Model, which was designed by Beer, Spector, Lawrence, Mills and Walton in 1984. This model is useful as it accepts that there are differing approaches to the employment relationship. Indeed Porter argues that the model has potential for comparative analysis. The Harvard model illustrates that there are a variety of stakeholders in an organization including shareholders, various groups of employees, the government and the community. It recognizes the legitimate interests of these various groups and that the creation of HRM strategies should recognize these interests and combine them as much possible into the strategy of the business. Indeed the Harvard model is fundamentally both prescriptive and analytical. It is important to bear in mind however that the ideas put forward by the model are arguably based on the American culture. This is important to remember when using the model as an analytical framework to compare other countries."

Tags:al, beer, culture, decision, et, harvard, hofstede, human, making, management, resource, trade, unions

Abstract
This paper addresses the question of whether the legal profession is justified in holding UK organisations liable for employees abuse of electronic mail systems in the workplace.

From the Paper
"Should an employer be deemed liable for e-mail messages written by one employee, and sent to another employee, without the employers knowledge or consent, this has begun to happen over the past few years. Employers are finding themselves facing spiralling legal costs when employees sue for sexual or racial harassment. UK governments have been reluctant to lay down laws with respect to electronic communications and employees rights in the workplace, inevitably this has led to an increase in cases brought against employers. Organisations are beginning to fight back, with covert monitoring of personal e-mail sent by employees. Recent legal cases are reported and particular attention is paid to both employees and employers perspectives, with consideration to relevant statute."

Tags:communication, technology, computer, data, employee, employer, ethic, fraud, government, guidelines, harassment, law, monitoring, policy, protection, racial, sexual, surveillance