Law permeates every aspect of social life. Students who major or minor in socio-legal studies-an ... more Law permeates every aspect of social life. Students who major or minor in socio-legal studies-an interdisciplinary program within the College of Arts, Humanities and Social Sciences-focus on fascinating questions that strike at the heart of modern society: How does law operate in people's everyday lives? How do social institutions shape law? How are social institutions shaped by law? How does law empower and constrain individuals, groups, organizations and communities? Students majoring in socio-legal studies often pursue a legal career, but the issues addressed in the major are relevant to all fields of endeavor. Socio-Legal Studies Bachelor of Arts Major Requirements
We live in an era of disruption. Think of innovative disruptors like Uber and Airbnb. Disruption ... more We live in an era of disruption. Think of innovative disruptors like Uber and Airbnb. Disruption is our friend. 1 Innovation has become a buzzword that excites socially mobile, inner-city types; but for other Australians, creates anxiety-about job losses and insecurity ... Some old ways of doing things are becoming uncompetitive and obsolete. Disruption and change are inevitable-here and across the global marketplace. Either we acknowledge the change, or we risk being overwhelmed and disadvantaged by it. 2
The purpose of this paper is to examine the potential of employees as stakeholders within the cor... more The purpose of this paper is to examine the potential of employees as stakeholders within the corporation. What is meant by stakeholding in this descriptive sense is a broad conception of the employee as a citizen of the corporation with the duality of concerns that is implicit in ...
The Company Directors Disqualification Act 1986 (CDDA) instituted,inter alia, a mechanism whereby... more The Company Directors Disqualification Act 1986 (CDDA) instituted,inter alia, a mechanism whereby directors of failed companies can be disqualified from holding office in the future as the result of an application to the court by the Secretary of State, or in the case of compulsory liquidators, the official receive and a subsequent finding by the court that the director is unfit. The operation and effect of the CDDA has been the subject of speculation in the national press, other media and comment from insolvency practitioners since its inception. Most of this comment has focused on the role of the DTI and on its perceived failure to take steps to disqualify directors in sufficient numbers.
The issue of corporate governance from executives' pay to the role of shareholders at company mee... more The issue of corporate governance from executives' pay to the role of shareholders at company meetings has become one with which there is more popular engagement than at any time this century. It may well be that much of this interest has been stimulated by the philosophies of stakeholding and partnership that have been widely touted as an answer to the social and economic problems created by the policies of individualism and market dominance of the New Right. However, it is also the case that there has been little real political commitment to partnership and stakeholding in the area of corporate governance. Corporate governance is treated as an aspect of micro-economic policy that concerns only those involved in the managershareholder matrix. It is not considered as a 'big issue' alongside the commitment to rebuilding society and community. The Labour administration has made it clear that competitiveness is the overriding goal for its policy vis-àvis business. Its message on corporate pay is one of asking those concerned to show restraint 1 and its promises of the stakeholder economy 2 have been subsumed within an agenda of balancing the 'interests of business with those of shareholders, creditors and others' alongside 'the creation, growth and competitiveness of British companies' as the recent (March 1998) Department of Trade and Industry paper, 'Modern Company Law for a
Upon request by the Committee on Legal Affairs, this study analysis is mapping across all 28 EU M... more Upon request by the Committee on Legal Affairs, this study analysis is mapping across all 28 EU Member States the representation of women and men in legal professions. The aim of this study is to identify areas where women or men are currently underrepresented and to analyse the underlying reasons and constraints.
Integrating Socio-Legal Studies into the Law Curriculum, 2012
The law of contract is ideally suited to teaching from a socio-legal perspective. While doctrinal... more The law of contract is ideally suited to teaching from a socio-legal perspective. While doctrinal scholars place primary emphasis on the text, socio-legal researchers prefer to focus on context. They look, in particular, at the extent to which the formal rules of contract are considered legitimate or useful by those for whom they are designed. A wide range of empirical studies of the ‘lived world of contract’ now exist across time, industries and legal systems which suggest that contract law is not always used in the ways anticipated by doctrinal lawyers. Whilst textual analysis remains important, these findings have challenged the academy to consider the legitimacy of laws of contract which do not always reflect the practices and needs of the commercial sphere. They also encourage us to look beyond what Macaulay (2003) has called the ‘paper deal’ to the range of extra-legal normative frameworks which bind and govern commercial relationships. Research suggests that phenomena such as trust, co-operation and a good reputation can be as effective in making a commercial deal work as the threat of litigation or liquidated damages clauses. In short, socio-legal accounts of contracts encourage scholars to be more modest in their claims about the centrality of law in successful business deals.
This paper considers the potential contained in an ‘internalities’ approach to corporate governan... more This paper considers the potential contained in an ‘internalities’ approach to corporate governance. Rather than viewing the company as a ‘black box’ that can only be regulated through state action, we argue that corporate governance holds in tension the relationship between investors, managers and the corporate board. It is from that tension that a change in corporate culture will emerge. We argue that a state focus on promoting and managing the dialogical character of corporate governance will limit the negative effects of corporate power.
satisfying to provide an argument from principle, with the cases playing a supporting role. Secon... more satisfying to provide an argument from principle, with the cases playing a supporting role. Secondly, and following on from this first observation, the emphasis on the older cases tends to present a distorted picture of the kinds of proceedings likely to arise in modern times. Much of the book is thus concerned with personal bankruptcy, while there is no consideration of administration falling short of insolvency proceedings in spite of a growing trend towards this. Admittedly the book is intended to deal with insolvency, but a broader context might have been helpful. Thirdly, I feel that the European dimension is given less attention than it deserves. Given the acknowledged increase in importance of a coherent approach to cross-border insolvency in Europe (at pp. 265-266), the problems involved perhaps deserve more than one page of print. A detailed treatment would clearly fall beyond the scope of the book, but again it might have been helpful to provide the broader context. On a more specific point, I think Gourdain v. Nadler, Case 133/78 [1979] E.C.R. 733 should be given greater consideration since it is crucial to a decision as to whether the 1968 Brussels Convention applies or not. Ultimately, however, the book is intended to deal with the English law on international insolvency, it fills a gap in the legal literature, and it offers a wide range of useful information and discussion. To conclude, it may be worthwhile to mention one or two case-law developments since the book was completed. As to the discretion to stay proceedings in England in relation to the winding up of solvent companies where the proceedings fall within the scope of the 1968 Brussels Convention, see now Re Harrods (Buenos Aires) Ltd. [1991] 4 All E.R. 334 (the existence of the discretion) and Re Harrods (Buenos Aires) Ltd. (No. 2) [1991] 4 All E.R. 348 (the exercise of the discretion). (The House of Lords has now referred a question on the existence of the discretion to the European Court.) There have also been a couple of decisions concerning the extraterritorial scope of the 1986 Insolvency Act. Re Seagull Manufacturing Co. Ltd. [1991] 4 All E.R. 257 established that the English court has jurisdiction to order the public examination of officers of the company in liquidation, even though those officers are not present within the jurisdiction. More recently in Re Paramount Airways Ltd. (1992) The Times, 5 March the Court of Appeal has held that s. 238 of the Act confers on the court an extraterritorial power to order aforeign defendant to restore sums paid to him by an insolvent company at an undervalue. However, this discretion will only be exercised if there is a sufficient connection between the defendant and the UK for it to be just and proper to make such an order against him. These decisions confirm the flexible approach to jurisdiction adopted by the courts.
The tragic body - the inscription of autonomy in medical ethics and law, Costas Douzinas and Shau... more The tragic body - the inscription of autonomy in medical ethics and law, Costas Douzinas and Shaun McVeigh body ownership, Calliope Farsides dangerous liaisons - law, technology, reproduction and European ethics, Derek Morgan and Linda Nielson regulating sexuality - a legislative framework for non-consensual sterilization, Josephine Shaw rights, policy and the dilemmas of HIV positive prisoners, Jean McHale and Alison Young doctors' handmaidens - the legal contribution, Jonathon Montgommery doctors as allocators, Robert Lee medical audit - a critical review, Anne McBride personal injuries compensation and quality of life, Crispin Jenkinson and Brian Wilkinson.
1.3 The law relating to the obligations of insolvency office holders in relation to disqualificat... more 1.3 The law relating to the obligations of insolvency office holders in relation to disqualification matters is contained in the Company Directors Disqualification Act 1986 (‘The Act’) and associated statutory instruments, of which the most significant for practitioners is The Insolvent Companies (Reports on Conduct of Directors) (Scotland) Rules 1996 (‘the Rules’). In addition to companies which may be wound up under the provisions of the Insolvency Act 1986, the Act applies to building societies and incorporated friendly societies. In this statement references to companies should be read as references to any body to which the Act applies. The DTI issue guidance notes, which are updated from time to time, elaborating on the requirements, to which practitioners should refer.
Law permeates every aspect of social life. Students who major or minor in socio-legal studies-an ... more Law permeates every aspect of social life. Students who major or minor in socio-legal studies-an interdisciplinary program within the College of Arts, Humanities and Social Sciences-focus on fascinating questions that strike at the heart of modern society: How does law operate in people's everyday lives? How do social institutions shape law? How are social institutions shaped by law? How does law empower and constrain individuals, groups, organizations and communities? Students majoring in socio-legal studies often pursue a legal career, but the issues addressed in the major are relevant to all fields of endeavor. Socio-Legal Studies Bachelor of Arts Major Requirements
We live in an era of disruption. Think of innovative disruptors like Uber and Airbnb. Disruption ... more We live in an era of disruption. Think of innovative disruptors like Uber and Airbnb. Disruption is our friend. 1 Innovation has become a buzzword that excites socially mobile, inner-city types; but for other Australians, creates anxiety-about job losses and insecurity ... Some old ways of doing things are becoming uncompetitive and obsolete. Disruption and change are inevitable-here and across the global marketplace. Either we acknowledge the change, or we risk being overwhelmed and disadvantaged by it. 2
The purpose of this paper is to examine the potential of employees as stakeholders within the cor... more The purpose of this paper is to examine the potential of employees as stakeholders within the corporation. What is meant by stakeholding in this descriptive sense is a broad conception of the employee as a citizen of the corporation with the duality of concerns that is implicit in ...
The Company Directors Disqualification Act 1986 (CDDA) instituted,inter alia, a mechanism whereby... more The Company Directors Disqualification Act 1986 (CDDA) instituted,inter alia, a mechanism whereby directors of failed companies can be disqualified from holding office in the future as the result of an application to the court by the Secretary of State, or in the case of compulsory liquidators, the official receive and a subsequent finding by the court that the director is unfit. The operation and effect of the CDDA has been the subject of speculation in the national press, other media and comment from insolvency practitioners since its inception. Most of this comment has focused on the role of the DTI and on its perceived failure to take steps to disqualify directors in sufficient numbers.
The issue of corporate governance from executives' pay to the role of shareholders at company mee... more The issue of corporate governance from executives' pay to the role of shareholders at company meetings has become one with which there is more popular engagement than at any time this century. It may well be that much of this interest has been stimulated by the philosophies of stakeholding and partnership that have been widely touted as an answer to the social and economic problems created by the policies of individualism and market dominance of the New Right. However, it is also the case that there has been little real political commitment to partnership and stakeholding in the area of corporate governance. Corporate governance is treated as an aspect of micro-economic policy that concerns only those involved in the managershareholder matrix. It is not considered as a 'big issue' alongside the commitment to rebuilding society and community. The Labour administration has made it clear that competitiveness is the overriding goal for its policy vis-àvis business. Its message on corporate pay is one of asking those concerned to show restraint 1 and its promises of the stakeholder economy 2 have been subsumed within an agenda of balancing the 'interests of business with those of shareholders, creditors and others' alongside 'the creation, growth and competitiveness of British companies' as the recent (March 1998) Department of Trade and Industry paper, 'Modern Company Law for a
Upon request by the Committee on Legal Affairs, this study analysis is mapping across all 28 EU M... more Upon request by the Committee on Legal Affairs, this study analysis is mapping across all 28 EU Member States the representation of women and men in legal professions. The aim of this study is to identify areas where women or men are currently underrepresented and to analyse the underlying reasons and constraints.
Integrating Socio-Legal Studies into the Law Curriculum, 2012
The law of contract is ideally suited to teaching from a socio-legal perspective. While doctrinal... more The law of contract is ideally suited to teaching from a socio-legal perspective. While doctrinal scholars place primary emphasis on the text, socio-legal researchers prefer to focus on context. They look, in particular, at the extent to which the formal rules of contract are considered legitimate or useful by those for whom they are designed. A wide range of empirical studies of the ‘lived world of contract’ now exist across time, industries and legal systems which suggest that contract law is not always used in the ways anticipated by doctrinal lawyers. Whilst textual analysis remains important, these findings have challenged the academy to consider the legitimacy of laws of contract which do not always reflect the practices and needs of the commercial sphere. They also encourage us to look beyond what Macaulay (2003) has called the ‘paper deal’ to the range of extra-legal normative frameworks which bind and govern commercial relationships. Research suggests that phenomena such as trust, co-operation and a good reputation can be as effective in making a commercial deal work as the threat of litigation or liquidated damages clauses. In short, socio-legal accounts of contracts encourage scholars to be more modest in their claims about the centrality of law in successful business deals.
This paper considers the potential contained in an ‘internalities’ approach to corporate governan... more This paper considers the potential contained in an ‘internalities’ approach to corporate governance. Rather than viewing the company as a ‘black box’ that can only be regulated through state action, we argue that corporate governance holds in tension the relationship between investors, managers and the corporate board. It is from that tension that a change in corporate culture will emerge. We argue that a state focus on promoting and managing the dialogical character of corporate governance will limit the negative effects of corporate power.
satisfying to provide an argument from principle, with the cases playing a supporting role. Secon... more satisfying to provide an argument from principle, with the cases playing a supporting role. Secondly, and following on from this first observation, the emphasis on the older cases tends to present a distorted picture of the kinds of proceedings likely to arise in modern times. Much of the book is thus concerned with personal bankruptcy, while there is no consideration of administration falling short of insolvency proceedings in spite of a growing trend towards this. Admittedly the book is intended to deal with insolvency, but a broader context might have been helpful. Thirdly, I feel that the European dimension is given less attention than it deserves. Given the acknowledged increase in importance of a coherent approach to cross-border insolvency in Europe (at pp. 265-266), the problems involved perhaps deserve more than one page of print. A detailed treatment would clearly fall beyond the scope of the book, but again it might have been helpful to provide the broader context. On a more specific point, I think Gourdain v. Nadler, Case 133/78 [1979] E.C.R. 733 should be given greater consideration since it is crucial to a decision as to whether the 1968 Brussels Convention applies or not. Ultimately, however, the book is intended to deal with the English law on international insolvency, it fills a gap in the legal literature, and it offers a wide range of useful information and discussion. To conclude, it may be worthwhile to mention one or two case-law developments since the book was completed. As to the discretion to stay proceedings in England in relation to the winding up of solvent companies where the proceedings fall within the scope of the 1968 Brussels Convention, see now Re Harrods (Buenos Aires) Ltd. [1991] 4 All E.R. 334 (the existence of the discretion) and Re Harrods (Buenos Aires) Ltd. (No. 2) [1991] 4 All E.R. 348 (the exercise of the discretion). (The House of Lords has now referred a question on the existence of the discretion to the European Court.) There have also been a couple of decisions concerning the extraterritorial scope of the 1986 Insolvency Act. Re Seagull Manufacturing Co. Ltd. [1991] 4 All E.R. 257 established that the English court has jurisdiction to order the public examination of officers of the company in liquidation, even though those officers are not present within the jurisdiction. More recently in Re Paramount Airways Ltd. (1992) The Times, 5 March the Court of Appeal has held that s. 238 of the Act confers on the court an extraterritorial power to order aforeign defendant to restore sums paid to him by an insolvent company at an undervalue. However, this discretion will only be exercised if there is a sufficient connection between the defendant and the UK for it to be just and proper to make such an order against him. These decisions confirm the flexible approach to jurisdiction adopted by the courts.
The tragic body - the inscription of autonomy in medical ethics and law, Costas Douzinas and Shau... more The tragic body - the inscription of autonomy in medical ethics and law, Costas Douzinas and Shaun McVeigh body ownership, Calliope Farsides dangerous liaisons - law, technology, reproduction and European ethics, Derek Morgan and Linda Nielson regulating sexuality - a legislative framework for non-consensual sterilization, Josephine Shaw rights, policy and the dilemmas of HIV positive prisoners, Jean McHale and Alison Young doctors' handmaidens - the legal contribution, Jonathon Montgommery doctors as allocators, Robert Lee medical audit - a critical review, Anne McBride personal injuries compensation and quality of life, Crispin Jenkinson and Brian Wilkinson.
1.3 The law relating to the obligations of insolvency office holders in relation to disqualificat... more 1.3 The law relating to the obligations of insolvency office holders in relation to disqualification matters is contained in the Company Directors Disqualification Act 1986 (‘The Act’) and associated statutory instruments, of which the most significant for practitioners is The Insolvent Companies (Reports on Conduct of Directors) (Scotland) Rules 1996 (‘the Rules’). In addition to companies which may be wound up under the provisions of the Insolvency Act 1986, the Act applies to building societies and incorporated friendly societies. In this statement references to companies should be read as references to any body to which the Act applies. The DTI issue guidance notes, which are updated from time to time, elaborating on the requirements, to which practitioners should refer.
Uploads
Papers by Sally Wheeler