Analyzing Issues of Corporate Governance-Law Assignment Sample

QUESTION

 

Using the facts presented in the film “Civil Action” (https://www.imdb.com/title/tt0120633/), and referring specifically to the issues of collective action, corporate governance and corporate criminal liability, explain and compare the applicable law if the situation had happened in England and other non-US jurisdiction. Both the film and the book are commercially available, and the film will be shown during weeks 9 and 10 in a place and time to be announced.

 

 

ANSWER

Introduction

In this contemporary age, modern business law has inherited the concepts along with morality meanings. These factors are able to show risks regarding practical interpretation. In relation to these, fundamental notions regarding duty of care can be mentioned. On the other hand, outside the corporate governance context, diligence and prudence, philosophical content have been enriched with the conventional values of the relationship between the context and essence of civil law. The content of fiduciary duty can be filled by the case law. This can be considered as an influential factor which can wither limit or enrich scope and application process. This essay has focused on the movie Civil Action directed by Steven Zaillian. In relation to the factors of this movie, issues related to collective action and corporate criminal liability have been presented. On the other hand, contemporary issues of corporate governance has been analysed in comparison with the context of UK.

Analysing issues of corporate governance

It has been analysed that corporate governance can be considered as a term which can be used to describe balance in relation to the participants within the corporate structure. In relation to the factors of corporate governance, it has been analysed that it can impact on reputation and profit of the company. In association with the movie, A Civil Action, poor policies of corporate governance are able to expose lawsuits, fines, loss of capital investment and reputational damage of the company. The following factors have been discussed in relation to the concept of the movie, A Civil Action (imdb.com, 2019).

Conflict of interest can be considered as an existing issue in this American legal drama. Jan Schlichtmann was a personal injury lawyer who is able to enjoy subsequent earnings. Conflict of interest between corporate governance occurs while and officer has financial interests. For an instance, the context of A Civil Action can be mentioned (imdb.com, 2019). As per the views of Moore (2017, p.27), oversight issues requires substantial oversight regarding company procedures.

It can be considered as accountability can be considered as necessary in order to support effective corporate governance. It is important for each of the division from top level executives to lower level employees can report to be accountable to balances and checks. Based on the views of Grima and Marano (2018, p.27), along with ethical violation, transparency can be considered as other issues of the contemporary times in relation to corporate governance. A Civil Action can be mentioned as an example, in which the director has presented the issues of corporate governance (imdb.com, 2019). Corporate law can protect rules, regulations, as well as rights along with codes of overall organizations. Moreover, in relation to the example of an American movie, corporate law has the purpose which can protect right of the stakeholders. Organisation’s culture can be influenced by the provisions of corporate law.

Based on the scenes of this movie, it has been identified that corporate governance is able to maintain balance among parties in relation to corporate structure. On the other hand, it can maintain balance among the stakeholders. Steven has highlighted the challenging factors and the issues of corporate governance. As per the views of Bryson (2016, p.260), violation of the law of corporate governance can affect negatively on the reputation regarding business in the market. In respect to the movie A Civil Action, poor governing policies of an organization can be considered as an issue or a factor which may impact negatively (imdb.com, 2019). Apart from these, financial issue is able to decrease trust of the stakeholders. According to Schaltegger and Burritt (2017, p.21), due to lack of focus on the oversight issues in respect to the business organisations can insist the problems to affect legal aspects. In case of USA, corporate codes of the country can be able to support regulation of power and finance. A Civil Action has shown that Jan has evaluated a crucial issue regarding environmental aspects which can involve groundwater contamination which has potential to maintain legal terms (imdb.com, 2019).

Most importantly, this issue has revealed the issue of trichloroethylene which is considered as a solvent. On the other hand, it has been observed that a lawsuit was filed over the operations related to industrial factors. Moreover, as per the views of Wellington (2015, p.32), the case of environmental pollution and the issues related to contamination of local aquifer have potential to explain negative factors and the challenging issues. This movie has analysed fatal cases regarding cancer and leukaemia. Along with other health problem among the citizens, Steven has highlighted other issues.

Jan, a tenacious lawyer is addressed by a group of families. While investing this non profiting case, environmental issues can be found along with potential impact. Based on the views of Brisman et al. (2016, p.50), in relation to corporate governance, it is important to make the relationship strong with the stakeholders. As per the views of Kopnina and Blewitt (2018, p.27), the issues regarding accountability as well as transparency can support effectiveness of the issues of corporate governance in contemporary age.

Discussing issues related to collective action

The problems of collective action can be considered as an issue that is posed disincentives which can discourage joint action of the individuals. In relation to A Civil Action, collective action can be considered as the common actions which can support common goals of the people. As per the views of Glowacki and von Rueden (2015, p.80), collective action occurs while a number of community people can work together to achieve some common goals. In respect to this movie, it has been observed that along with the help of a lawyer, the people have decided to take legal action against the leather production company. As in federal court, this company has been compelled to pay compensation though the plaintiff has been forced to settle the case.

On the other hand, as this organisation or the leather production company has caused pollution and groundwater contamination, the community people have suffered from the long term diseases like cancer and leukaemia. In regards to this movie, A Civil Action, it has been observed that lawyers of the parent company of this leather production organisation are not easy to compensate or intimidate (imdb.com, 2019). In relation to these factors, a judge has made key ruling against plaintiffs. On the other hand, Jan and his parents were deep in debt. As per the views of Gold (2018, p.670), due to central problem regarding social life collective action can be hampered. On the other hand, in relation to A Civil Action, the community people have suffered problems due to lack of assurance. Moreover, lack of communication skill among the community people and the leader can insist problems of collective action.

Apart from these factors, in regards to collective action, it is important to focus on the process to develop coverarange based on common interest or common goals. According to Bodin (2017, p.90), the process regarding reducing environmental pollution and reducing negative impact of global warming can be considered as collective action by the people. In respect to A Civil Action, there are several problems regarding poor health conditions of the people regarding water contamination and pollution due to pollutants of the leather company. Based on this situation, the people have decided to take legal action against the company. On the other hand, the sufferers, the surrounding people of local area are organised with each other to fight and protest against the authority of the organisation.

It has been analysed that it is important to gather collective support to achieve or meet a common goal. Lack of assurance as well as guidance of the leader can lead the issues in collective action. Based on the views of Morley (2016, p.27), it is essential for an authority of the organisation to improve quality of environment and life style of the people through supporting environmental standards. Along with these, in relation to this movie, the impact of the water pollution has impacted negatively on the health condition of local people by arising cancer and leukaemia.

As per the provisions of Global Warming Solutions Act 2006, the authority or the people by supporting collective action can support in reduction of global warming pollution (California Air Resources Board, 2019). As per the views of Glowacki and von Rueden (2015, p.24), the process of reducing negative impact of global warming by collective activities of the people can be able to support in betterment of environmental quality. On the other hand, the process of mandatory reporting can support effectiveness of legal terms of this company. According to the aspects of A Civil Action, collective action among the people can improve quality of lifestyles of the people. The protest against the leather company can encourage benefits of collective action (imdb.com, 2019).

Evaluating issues of corporate criminal liability

Corporate criminal liability can be considered as an established concept in relation to Western Legal System. In every country, these liabilities have legal design issues. It is difficult to draw direct analogy between human and corporations. Based on the views of Beale (2016, p.40), a realistic approach is able to make a structure of decision making. Moreover a degree of innovation can adapt the elements which can define human culpability. As per the views of Lederman (2016, p.78), the traditional theories of common law and statutory model can establish relation between decision of management and criminal act.

In relation to the film A Civil Action, the identification theory can be mentioned to discuss regarding criminal liabilities (imdb.com, 2019). Due to its limited application, this theory can also be criticized as per the views of Bernaz (2015, p.300), it is premised on the court and it is being able to make certain corporate policy. In the year 1987, the Law Reform Commission of Canada has proposed regarding the process of Re-codifying Criminal Law (Law Commission of Ontario, 2019). The identification approach in relation to crime of mental state can show the fact that corporation is liable to the commitment and the conduct.

In case of negligence offenses, it is necessary for the corporation which is liable. According to Larkin Jr and Seibler (2016, p.8), it can be mentioned that both officers and directors are also liable. In the year 1993, Subcommittee of House of Commons Standing Committee has recommended variation of LRC draft legislation. In case of A Civil Action, the authority of leather Production Company needs to focus on liable contract with the employees and local people (imdb.com, 2019). It has been observed that in the report or bill of Subcommittee, corporate criminal liability can be considered as one of the most important issue. As per the views of Bernaz (2015), Criminal Codes are able to provide liable activities in relation to the company.

It has been observed in this movie, A Civil Action, the corporation or the authority needs to be liable for the collective failures to exercise reasonable care. Corporations as well as individuals may be liable for any kind of wrongful acts. In relation to such crimes, it can be reported that federal crimes can be estimated to exceed 4000 and some of the states have corporate criminal liability in relation to criminal law (Larkin Jr and Seibler, 2016, p.9). A Civil Action is a movie based on environmental aspects. In this movie, environmental pollution has taken place in Woburn due to contamination of water and pollution caused by a leather company. In respect to this, it has been observed that environmental toxins in Woburn city and water pollution have caused several physical disorders among the people.

Based on the above mentioned discussion, it has been analysed that the authority of the leather production company of A Civil Action can be liable to compensate to the community people. In relation to groundwater contamination, Jan, the lawyer has insisted the community people to take legal actions against this leather company (imdb.com, 2019). As per the provisions of National Environmental Policy Act of 1970, this law as well as legal terms of this act can enhance promotion of environmental Quality (NEPA. GOV, 2019). This act has been enacted to declare national policy which can be able to encourage enjoyable and productive harmony between man and environment.

In order to meet nation’s goals and to develop the policies to promote development of environmental quality, this cat can support liabilities. In relation to Civil Action, along with the help of federal agencies and the affected people, the lawyer has reported to take action at federal court. However, Jan has offered $20 million while the jury of this case was deliberating (imdb.com, 2019).

Explaining and comparing applicable laws in relation to the situation of England and other non US jurisdiction

Through investigating the concept of amplitude, the concept such as loyalty can be able to provide corporate governance and courts the answer in relation to the requirement of duty expansion. Based on the views of Harrison and Ryder (2016, p.42), it can be mentioned that duty expansion in recent cases can be expressed by the attention to defects. On the other hand, depending on the context of different countries, the process of applying rules of corporate governance and corporate criminal liabilities can impact life style of the people. According to McQueen (2016, p.28), customary trends in corporate governance can be considered as the process of maintenance regarding duty of loyalty. Depending on conflict of interests, factors of corporate governance may face issues.

Apart from these factors, along with conflicts of interests, overlap of fundamental fiduciary duties cannot be ignored by the authority the organisation. It can be considered that active moral norms and emergent theories related to this business laws can be considered as appropriate in relation to interworking of law. As per the views of Kraakman (2017, p.8), wider context related to public morals needs to enable literature which can help to gain linguistic. Apart from these factors, it is able to give possibility to express and impose social norms in respect to the practices of business law.

In relation to A Civil Action, a movie directed by Steven has shown several aspects related to the issues of corporate governance and criminal liabilities. It has been analysed that as the organization of this movie, the leather production company enjoys the opportunities related to business terms and conditions, it is important for them to support liabilities for wrongful activities (imdb.com, 2019). Apart from US jurisdiction, it can be mentioned that under the Romanian national law, loyalty can reflect personal business concept. In regards to this, the concept of loyalty related to business law can support good faith. On the other it also can reflect intuituu personae nature of the agency law. According to Hedley (2017, p.21), the notion of trust and faith can be considered as a central concept regarding loyalty in respect to business law. Apart from US jurisdiction, based on the legal terms and conditions of other countries, an organisation needs to maintain liabilities to support betterment of the people.

In comparison to US jurisdiction, Control of Pollution Act 1974 has support environmental programs which can support pollution reduction programs (legislation.gov.uk, 2019). It has been identified that the provisions and legal aspects of this act is able to maintain quality, purity of water. In relation to the context of UK, regulations of this act are able to control water pollution. It can also be reported that in order to maintain and restore regarding wholesomeness of water in UK, Control of Pollution Act 1974 was amended in the year 1988 (legislation.gov.uk, 2019).

In relation to A Civil Action, it has been analysed that water pollution is considered as a main issue which has insisted the people to a miserable life. According to this movie, a leather production company has caused the miseries by the pollutants which insisted long term disease like leukaemia and cancer. Based on the views of Obidairo (2016, p.41), it is important for the organisation to take liabilities to reduce negative impact of environmental pollutants. In comparison with USA, if this organisation, the leather production company is in UK, it would be essential for the organisation to maintain provisions of Control of Pollution Act 1974 to protect the water from the pollutants and to prevent health hazards among the local people (legislation.gov.uk, 2019).

It is essential for the companies of UK to focus on wellbeing of the people based on which the company can be able to enhance quality of environment. As per the views of Morley (2016, p.2140), it is considered as the responsibility of both the local people and the authority of the organisation to reduce environmental pollution. On the other hand, it is important to maintain balance of ecosystem by avoiding effective pollutants. In relation to the context UK, the provisions of Environmental Protection Act 1990 states to control the waste management based on the activities of industrial organisations (legislation.gov.uk, 2019). Apart from these factors, in relation to A Civil Action, it has been observed that the organisation of leather production has neglected the rules and regulations of the environmental policies. In comparison to it, in UK context, implementation of Environmental Protection Act 1990 can not only support waste management control system but also it can support emission control system.

Based on these legal terms and condition, it is important for all the organisations to focus on implementation of these conditions which can support improvement of the lifestyles of the people. Based on the views of McQueen (2016, p.23), this organisation can support pre-treatment of waste. On the other hand, the organisation can implement green policies along with some recycling treatments along with the waste materials and the pollutants of the organisation. According to Harrison and Ryder (2016, p.23), the policies related to waste management can support to reduce waste volume and it can reduce health hazards to facilitate lifestyles of the people. It can be reported that in the year 2007, under new European wide legislation, it is essential for the organisation of UK to treat before disposal of waste material. Landfill Directive is able to try to prevent negative effects based on environment on organisational context in UK. This change in support to betterment of the environment can reduce negative impact of pollutants. Based on the views of Hedley (2017, p.25), it is important to support waste recycling which can help to recover in polluting emissions from the landfills.

On the other hand, the Packaging Waste Regulations has been introduced in 1997 in UK which is able to meet European directive (gov.uk, 2019). It not only can support the aim of this regulation to increase recovery as well as it can help in recycling regarding packaging waste. In the year 2011, in UK 10.8 million tonnes packaging waste was disposed of along with 67% being recovered (Countrystylerecycling.co.uk, 2019). In relation to A Civil Action, the aspects of this movie can support the consequences as per these legal terms of UK.

On the other hand, The Hazardous Waste Regulations 2005 can state regarding management of Hazardous Waste. Moreover, it is also able to replace Special Waste Regulations. In UK, the authority of the organisation needs to focus on harmful health hazards caused due to pollution. As per the views of Obidairo (2016, p.42), it can be mentioned that if the organization exists in UK, the authority of the organisation can support the process to reduce risks of human health. It is important for the authority of both the country to support minimum standards for landfills throughout European Union. Along with US jurisdiction, UK jurisdiction can support importance of pollution control program to help the people in better living. Moreover it can help the people to reduce health hazards.

Apart from the above mentioned discussion related to the comparison between UK and US Jurisdiction, section 34 of Environmental Protection Act 1990 can impose a duty of care based on handling waste (legislation.gov.uk, 2019). It has been analysed that the Duty of Care can affect the process through which an individual can import, produce and treat controlled waste. In A Civil Action, the American movie, the system of duty of care is able to control the waste management control. On the other hand, in relation to this movie, the authority of the leather company can support environment protection activities to reduce negative impact of pollution (imdb.com, 2019). On the other hand, it can be mentioned that in relation to the context of UK, it is important for the authority of the organisation to focus on the management system of water pollution. Based on these factors it has been analysed that through focusing on the acts, legislations and the policies of UK government, the initiatives taken by the organisation can reduce health disorders among the local people. As per the views of Harrison and Ryder (2016, p.36), use of biodegradable materials can help to reduce negative importance of pollutants. It is essential for the authority of the leather company in relation to this movie to be liable for the wrongful activities.

In comparison to US jurisdiction, it has been observed that the rules of corporate governance, criminal liabilities can impact environmental condition as well as business context. According to McQueen (2016, p.38), along with a person, an authority of an organisation can support the activities which can help to reduce the health hazards. In relation to A Civil Action, it has been observed that though the leather company was a source of employment in Woburn, it has impacted negatively on the health condition of local people (imdb.com, 2019). This organisation has lack of focus to implement waste control process and implement recycling process to manage the pollutants.

In respect to UK context, it can be mentioned that the Environment Act 1995 can support the standards of environmental management (legislation.gov.uk, 2019). It is also important to show ethical conducts in relation to control waste management. Apart from these factors, Chapter 1 of Environment Act 1995 can support the environment agency (legislation.gov.uk, 2019). In respect to the above mentioned American movie, it has supported advisory committees.

Based on these policies and legislations of UK, the environmental aspects of this country have been maintained. Along with environmental standards, it is important for the organization to maintain ethical norms as it can support activities of the organisation (legislation.gov.uk, 2019). In comparison to context of USA, jurisdiction of UK legislations can support effectiveness of environmental policies. Based on the above mentioned American movie, it has been analysed that lack of concern of the organisation has caused long term health disorders among the people. The aspects of the environmental acts and policies buy the government can support motivation pf the organisation to support legal terms and conditions of environmental law.

Conclusion

Business law in relation to the aspects of business conditions of the organisation can support distinct vocabulary through institutionalisation. Due to heterogeneity, the loyalty as well as duty was not able to confer articulation chance. It has been analysed that loyalty remains both social and moral norms along with legal standard which cannot be reduced to the single rule. In relation to A Civil Action, a movie directed by Steven, the issues of corporate governance, corporate criminal liabilities and collective action have been discussed. On the other hand, in regards to this movie, based on the faults of a leather production company, local people and a lawyer have complained in federal court against the company. The process of supporting and implementing green policies can help the authority to support environmental aspects and codes which can support wellbeing of the local people. In support to the environmental acts and legal terms, this essay has discussed the ways to develop quality of environment. Moreover, this essay has established the factors which can help to compare the situation of both USA and England. Thus it can be concluded that though there is difference between the contexts of both the countries, it is important for all the organisations to be liable for the wrongful activities conducted by them.

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