LIMITATION OF DIVERSITY JURISDICTION IN CASES AFFECTING FOREIGN CORPORATIONS

On February 29, 1932, President Hoover sent to the Senate and House of Representatives a message recommending that the jurisdiction of federal courts based on diversity of citizenship be modified by providing that where a corporation, organized under the laws of one State, carries on business in another State it shall be treated as a citizen of the State wherein it carries on business as respects suits brought within that State between it and the residents thereof arising out of the business carried on in such State

Extra-Territorial Jurisdiction in China

The Chinese have long been accustomed to the presence in their midst of foreign populations governed by laws peculiar to themselves and, perchance, owing allegiance to a foreign sovereignty. As long ago as the eighth century the Arabian traders who resorted to Canton were permitted to govern themselves by their own laws. The Mohaminedans have for many centuries formed a distinct element in the population, being subject to a separate law and to their own authorities. When, therefore, in the sixteenth century the first European traders began to appear on the China coast the government treated them as they had been accustomed to treat other foreigners: the Portuguese were allowed a separate establishment, under their own laws, at Macao, not far from the present emporium of Hong Kong, and the Dutch, Spaniards, English and other nationalities who followed them were given a quarter in Canton where they were left to manage their affairs in their own way. It was only in criminal matters that the government reserved to itself jurisdiction, and this was seldom exercised except in serious cases. The Penal Code, as revised in 1647, provided that foreigners guilty of offences should be tried and sentenced according to the established laws. But this provision had been modified by subsequent imperial rescripts. The extent of the jurisdiction which the imperial government thought necessary to reserve to itself was defined in 1808 by the Hoppo, or Superintendent of the Port of Canton, in passing on the case of the Englishman, Edward Sheen. This man had caused the death of a Chinese by accidentally dropping a stick from an upper window of the British factory. The homicide was purely accidental, but the Chinese Penal Code makes accidental homicide criminal, and provides for its punishment by strangulation

Some Leading Principles of Chinese Law

It has frequently been remarked that of all nations, China approaches most nearly the Jeffersonian ideal in being the least governed. To a greater extent than any other people, the Chinese manage their own affairs. The usages of trade are defined by the various commercial guilds-organizations which have acquired a prestige and influence without parallel in any other country. Commercial disputes are submitted to these bodies and by them are settled promptly, finally, and usually satisfactorily. Matters of currency and exchange are determined by the powerful bankers\u27 guild. Physicians, fortune-tellers, geomancers and even mendicants, have their organizations through which the interests of the individual members are safe-guarded. In addition to this, each family constitutes to a large extent a self governing unit, presided over by the father or eldest son, or, where collateral branches of the same family are affected, by the family council. There are no police to exemplify our definition of law, for, by virtue of the principle of mutual responsibility, every man is to a large extent, his brother\u27s keeper, and external guardianship is unnecessary. Asylums, hospitals, health departments, fire brigades, and the numerous other institutions which the advancing socialism of western countries finds necessary, are wanting. In fact, the government is limited to the exercise of the fewest possible functions consistent with the maintenance of society in its well defined, immemorial routine, and any attempt to extend its activity is viewed with jealousy and distrust. In all this, practice is in strict accord with theory. The emperor Han Kao Ti, upon his accession in 206 B. C., made what is known as the Tripartite Bargain with the Elders of the People. In the terse style of the Chinese classics, this bargain is summarized as follows: (1) Death for homicide; (2) Compensation and imprisonment for wounds and robbery; (3) all else left to the people. This emperor, a prototype of our own King John, as gracious as was the latter recalcitrant, is revered to this day by the Chinese who delight to style themselves after his dynastic name the sons of Han

SOME COMMENTS ON THE RESERVED POWER TO ALTER, AMEND AND REPEAL CORPORATE CHARTERS

The old theories as to the nature, creation and powers of corporations which during the last hundred years have been obscured, but today are coming more and more to the fore in legal literature, in the adjudications of the courts, and in recent revisions of corporation acts suggest a re-examination of the power of state legislatures to alter, amend and repeal corporate charters under the reservations contained in many state constitutions and statutes, both as related to those theories and as they apply to recent and impending social and economic changes

Worth Striking For: Why Education Policy is Every Teacher’s Concern (Lessons from Chicago)

Book Revie

Photonic crystal design and fabrication assisted by tunable femtosecond oscillator laser

Photonic Crystals have the potential for engineered light interaction as directed by the photonic bandgap, a property that details the prohibited propagation region and ultimately the ability to guide light. A so called, photonics-on-chip, would incorporate arbitrary light guiding with functional elements in one package. The realization of such a device is subject to the fabrication paradigms implemented and this thesis is concerned with holographic lithography as a means for creating polymer photonics crystal templates and two-photon polymerization for incorporating light guiding pathways. In this thesis, the design of the to-be-fabricated structures has been co-opted by computational exploration of the photonic crystals possible under the fabrication paradigms with the photonic bandgap considered as a target for design optimization, and tolerancing. Introduction of defects into photonic crystal templates has been successfully realized with the assistance of a tunable femtosecond oscillator laser after the processing conditions have been investigated and demonstrated

Pennsylvania Department of Revenue: Workplace Environment Study

The research in this study was conducted to provide the Department of Revenue with proven and documented best practices for their workplace environment study. This was accomplished by completing a focus group session with members of management to gather their perspectives about the current climate on diversity, equity, and inclusion as well as promotions within the department. A survey was also administered to the Department of Revenue employees. The survey was intended to capture employee’s perspectives on the current diversity, equity and inclusion initiatives and their expectations for the future. Outcomes/Results: There are four primary recommendations for the Department of Revenue to consider moving forward. It is recommended that the Department of Revenue continues to put efforts towards maintaining the integrity of their diversity, equity, and inclusion initiatives. The Department of Revenue is encouraged to continue to interact with each other and their employees to refine the expectations of what it takes to attain a diverse workforce. When evaluating the contractual bargaining agreement, considerations should be made to ensure that the hiring process follows a fair, merit based and time sensitive process. Offering competitive compensation packages to prospective hires will make the department an attractive employment option for qualified candidates. When vacancies for management level positions occur within the Department of Revenue, the job postings should be made visible and accessible to all employee