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John Quinn
School of Law and Government, Dublin City University, Dublin, Ireland

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Journal article
Published: 22 July 2021 in International Data Privacy Law
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Law, in the traditional paradigm, is territorial by nature, legitimized by a process rooted in a nation-state with geographical limits. The state exercises legal jurisdiction within its geographical boundary, accepting the limited scope of its application. The European Union (EU) can be seen as an expansion of this paradigm; its jurisdiction covers multiple states but remains bounded by geography. Globalization and technology make this paradigm increasingly difficult to maintain. For example, the Internet functions through technical protocols, not legal rules, and was established as a distributed network outside of any centralized authority.1 The Internet is un-territorial2 or post-territorial3 in the sense that it is beyond the control of any...

ACS Style

John Quinn. Geo-location technology: restricting access to online content without illegitimate extraterritorial effects. International Data Privacy Law 2021, 1 .

AMA Style

John Quinn. Geo-location technology: restricting access to online content without illegitimate extraterritorial effects. International Data Privacy Law. 2021; ():1.

Chicago/Turabian Style

John Quinn. 2021. "Geo-location technology: restricting access to online content without illegitimate extraterritorial effects." International Data Privacy Law , no. : 1.

Journal article
Published: 27 November 2019 in Sustainability
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Traditionally, the purpose of directors’ duties within company law is to ensure that the powers of management given to directors are properly exercised. For instance, instead of using their managerial powers to further their personal interests or for some collateral purpose, directors are under a duty to take decisions which they think will further the company’s interests. In most EU jurisdictions, determining what acting in the company’s interest means is not mandated by law, but is rather left to the subjective business judgement of directors. The discretion allowed by this duty has allowed for, influenced in part by a law and economics approach to company law, the shareholder value norm to become entrenched. This paper argues that the law of directors’ duties should evolve to provide specific guidelines to directors on the question of the corporate objective. It supports existing arguments for a reform of EU company law to include a new duty requiring directors to ensure sustainable value creation. The paper argues that any such duty should be framed objectively and be enforced through public mechanisms rather than a reliance on private actors.

ACS Style

John Quinn. The Sustainable Corporate Objective: Rethinking Directors’ Duties. Sustainability 2019, 11, 6734 .

AMA Style

John Quinn. The Sustainable Corporate Objective: Rethinking Directors’ Duties. Sustainability. 2019; 11 (23):6734.

Chicago/Turabian Style

John Quinn. 2019. "The Sustainable Corporate Objective: Rethinking Directors’ Duties." Sustainability 11, no. 23: 6734.

Articles
Published: 20 August 2019 in Journal of Corporate Law Studies
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Crystallisation is the name given to the conversion of a floating charge into a fixed charge. While much has been written on how charges are classified as fixed or floating and on the theoretical nature of the floating charge, crystallisation is, by comparison, less developed. This article offers three main contributions. First, it draws a clear distinction between two types of crystallisation: automatic and express. Second, it applies the theoretical literature on floating charges to crystallisation and examines the different meanings crystallisation takes under these theoretical frameworks. Finally, it makes an original argument on the effectiveness of express crystallisation clauses. The claim is that because a crystallised floating charge establishes the same proprietary interest as a fixed charge ab initio, the legal criteria necessary to create a fixed charge should also be necessary for the triggering of an express crystallisation clause to be effective in crystallising a charge.

ACS Style

John Quinn. The crystallisation of floating charges: rethinking the conceptual framework. Journal of Corporate Law Studies 2019, 20, 179 -198.

AMA Style

John Quinn. The crystallisation of floating charges: rethinking the conceptual framework. Journal of Corporate Law Studies. 2019; 20 (1):179-198.

Chicago/Turabian Style

John Quinn. 2019. "The crystallisation of floating charges: rethinking the conceptual framework." Journal of Corporate Law Studies 20, no. 1: 179-198.