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Dec 24, 2020 · John Pearson, 2015 92-3 Canadian Bar Review 555, 2015 CanLIIDocs 230
- John Pearson
- 2015
Feb 7, 2020 · Others prefer the “flexible” and “pragmatic” fairness rule, which allows self-dealing if it is fair to the corporation and its shareholders (Easterbrook & Fischel, 1991; Langbein, 2005). Proponents of this approach claim that the pragmatic fairness rule better distinguishes between beneficial and harmful self-dealing.
Oct 27, 2020 · The positivist school. The pure theory of law. Natural Law School. Historical school. Sociological School. Utilitarian School. Functional School. Realist School. The aim of this paper is to look at the various schools of thought with special reference to Realism and its superiority over other schools.
A review of the rules set forth above demonstrates the draconian nature of the self dealing rules. Virtually every transaction involving a disqualified person in a private foundation falls within the six types of self-dealing regardless of the knowledge of the self-dealer or of the foundation if the act constitutes self-dealing, regardless of ...
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Lawyer Independence and Self Regulation. Members of the public have a fundamental right to obtain legal advice from a lawyer whose duty is to the client, not to any other person and not to the government. The public also has a right to disclose confidential information to the lawyer and know that it cannot be shared with anyone else, including ...
Mar 19, 2020 · Self-ruling agents may understand or intend themselves to be self-ruling, but it is unnecessary that they do so. Rather, it is descriptively necessary and sufficient simply that they are that way. In this sense, self-rule must be actual and effective, for autonomy to obtain. 30 Nor does the idea of self-rule as reflexive order limit the self to an agent’s rational or deliberative elements.
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Mar 15, 2021 · He further explains that the conscious choice of action defining self-determination has essentially four characteristics: (a) the action was autonomous; (b) the conduct was self-regulated; (c) the action was preferred as result of some event, in a psychologically empowered manner and (d) the decision maker acted in self-realising manner (Wehmeyer, 2007) . Thus, Wehmeyer expository definition ...
