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"Agency (Law)"
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'Great investments' and good returns: Knowing receipt as an equitable wrong independent of contract
Obiter dicta by Lord Nicholls in 'Criterion Properties plc v Stratford UK Properties LLC' suggest that in circumstances where a director contracts on a company's behalf and transfers company property pursuant to that contract, any resultant claim is to be singularly determined by principles of company and agency law. Therefore, a claim in equity for knowing receipt is irrelevant. Whilst a Full Federal Court in 'Great Investments Ltd v Warner' appears to adopt a similar approach, this article argues that the Australian judgment is distinguishable, and seeks to retain knowing receipt as a viable and important source of liability whether or not property is transferred to a knowing recipient pursuant to a contract binding on the company. It argues that there are clear doctrinal reasons that justify knowing receipt's characterisation as a freestanding equitable wrong, as well as the availability of remedies reflective of this wrong that are more extensive than the return of the value of the misappropriated property. Nonetheless, it recognises the practical difficulties that a subsisting contract may pose to a successful pursuit of a claim for knowing receipt.
Journal Article
UNDERSTANDING AGENCY: A PROXY POWER DEFINITION
Existing definitions of agency are inadequate. In this paper, I offer a new definition of agency: a relationship is one of agency where the agent has a power to exercise at least one of the principal's own powers. I call this a “proxy power” for short. This definition brings with it three advantages. First, focusing on the agent's proxy power highlights the distinctive idea at the core of agency: that people can act through others at law, thereby expanding their legal personality in space. Second, that distinctive idea then helps identify the three reasons justifying when an agent has a proxy power: the principal's unilateral manifestation of will, the necessity of protecting the principal's interests, and where the principal is an artificial person who can only unilaterally manifest his will through an agent. Third, the definition vindicates prevailing intuitions about agency, and gives us a more transparent way to decide whether or one's invocation of “agency” is illegitimate or legitimate.
Journal Article
Police perceptions of BWCs by type of law enforcement agency: procedural justice, legitimacy, lawfulness, compliance and cooperation
PurposeThis study examined whether officers’ perceptions of the effect of BWCs on procedural justice, police lawfulness, police legitimacy, compliance with police and law, and cooperation with police differed by type of law enforcement agency.Design/methodology/approachThe data were collected from a survey administered to 152 police officers from State Police, City Police, University Police, and Sheriff’s Office.FindingsThe multivariate analyses found that City Police officers hold significantly more positive perceptions than University Police (on police legitimacy and cooperation with police), State Police (except for police lawfulness, on all other outcomes), and Sheriffs’ Office officers (on procedural justice and police legitimacy). Additionally, Sheriffs’ Office officers hold significantly more positive perceptions than University Police (on police legitimacy, cooperation with police, and compliance with police) and State Police (on police legitimacy, cooperation with police, compliance with police and law). No significant difference was found between University Police and State Police officers.Originality/valueThis is the first study that examines whether officers’ perceptions of the outcomes differ by type of law enforcement agency.
Journal Article
Agency theory and sustainability in the global supply chain
\"As corporations have increased outsourcing and global sourcing from low-cost countries in Eastern Europe and the Far East, a number of different stakeholders have expressed growing concerns about the ethical, social and environmental impacts of production and consumption in global supply chains. At the same time, global supply chain management literature has shown a renewed interest in issues related to environmental management, green supply chains, sustainable sourcing and social responsibility ... The aim of this study is to analyse the impacts of corporate responsibility collaboration among MNCs [multinational corporations] on the suppliers' degree of compliance with sustainability requirements. Anecdotal evidence shows that -- despite the growing efforts of MNCs in extending the concept and practice of sustainability to other actors in the supply chain -- poor suppliers' social and environmental performance and audit frauds in developing countries have escalated. Suppliers' opportunistic behaviour raises questions about what buyers from developing countries should do to enforce CSR implementation . This study intends to answer these questions by adopting an agency theory perspective, which is specifically focused on the relationship between two agents that are engaged in cooperative behaviour but have differing goals and asymmetric information\"--Preface.
Book
POLICE SECRECY EXCEPTIONALISM
Every state has a set of transparency statutes that bind state and local governments. In theory, these statutes apply with equal force to every agency. Yet, in practice, law enforcement agencies enjoy a wide variety of unique secrecy protections denied to other government entities. Legislators write police-specific exemptions into public records laws. Judges develop procedural approaches that they apply exclusively to police and prosecutorial records. Police departments claim special secrecy protections from the bottom up.
This Article maps the legal infrastructure of police-records secrecy. It draws upon the text of the public records statutes in all fifty states, along with case law and public records datasets, to illuminate the ways that judges, legislators, and police officers use transparency statutes to shield law enforcement agencies from public view. It argues that this robust web of police secrecy protections operates as a kind of police secrecy exceptionalism, analogous in some ways to the exceptional protections granted to national security secrets in the federal context.
The Article then examines the doctrinal and policy-oriented underpinnings of this exceptional treatment, finding that these arguments generally fall into one of three buckets: protection against circumvention of the law, protection of citizen or police officer privacy, and preservation of the effectiveness or efficiency of policing. It concludes that none of these defenses justify the extraordinary informational protections currently extended to law enforcement agencies. Moreover, these secrecy protections impose substantial harms. By excavating these overlooked mechanisms of police secrecy, the Article illuminates new avenues of legal reform.
Journal Article
Knowledge sharing enablers, processes and firm innovation capability
Purpose
This paper aims to examine a research model that links knowledge sharing enablers, processes and outcome dimensions in law enforcement in the United Arab Emirates (UAE). It attempts to examine the impact of knowledge self-efficacy and top management support on knowledge donating and collecting. It also attempts to examine the effect of these two aspects of knowledge sharing on firm innovation capability.
Design/methodology/approach
This study used a quantitative approach, with data collected by questionnaire from 685 police officers in a law enforcement agency in the UAE.
Findings
Knowledge self-efficacy and top management support have a positive impact on knowledge donating and collecting. Only knowledge collecting, however, had a positive effect on firm innovation capability.
Research limitations/implications
The study has significant academic and practical implications. It supports a previous research model that links enablers, processes and outcomes of knowledge sharing, and confirms them in the context of law enforcement in the UAE. It could also help law enforcement agencies to promote a knowledge sharing culture to support innovation in the UAE.
Originality/value
The research model is likely to be particularly valuable in knowledge-intensive organizations such as the law enforcement sector. Knowledge sharing is often overlooked by organizations in the UAE because there has to date been little research in this field.
Journal Article