Corporate Law_Essay/Research Paper

. Details of task
The essay requires students to conduct independent research on a question relevant to corporate law. The aim is to assess students’ understanding of the relevant issue, and their capacity for reflection and research. This assessment option is designed to encourage in students a critical appreciation of the important role of corporations and corporate law in modern society, and develop an awareness of the socio-legal and economic dimensions of modern corporate law.
The essay will be assessed on the following criteria
* Fully addressing the question – ability to focus upon and address the key issues raised by the question
* Strength of analysis and argument – ability to synthesise research materials into a strong cohesive argument that addresses the research question
* Critical and original reflection – capacity to engage in original and critical reflection on the question
* Understanding of law and the analytical issues – well developed understanding of the relevant law and of the arguments in the literature on the issues raised by the question
* Organisation and structure – clarity, logic and coherence
* Writing – clarity, logic and coherence, fluency, spelling, grammar, syntax
* Compliance with instructions – use of AGLC, within word limit, presentation (1.5 line spacing, 12 point font)
Essay Questions
1. Independent directors, freed of ties of economic dependency and personal affinity, are better placed to promote management accountability.
Drawing upon relevant research, discuss whether, and to what extent, you think this statement is true.
2. In 2011 Australia introduced the “two strikes” rule on executive pay. Drawing upon relevant research, discuss whether, and if so how, the rule improves alignment between executive pay and corporate performance.
Policy Paper
With the policy paper, students will be referred to a proposal for reform to corporate law and asked to write a submission on that proposal as if they were writing a submission to government. The assessment will require independent research on the relevant policy and
reform issues. The aim of this assessment is to assess students’ understanding of the relevant policy issue, capacity for reflection and writing skills.
The policy paper will be assessed on the following criteria
* Analysis and argument – ability to identify the key issues raised by the proposal and synthesise analysis into a concise and cohesive argument that addresses the topic
* Critical and original reflection – capacity to engage in original and critical reflection on the topic
* Understanding of the policy, legal and analytical issues raised by the question
* Organisation and structure – clarity, logic, conciseness and coherence
* Writing – fluency, spelling, grammar, syntax
* Compliance with instructions – footnotes, word limit, presentation
Policy paper questions
After reading the discussion set out at
http://www.corrs.com.au/thinking/insights/to-b-or-not-to-b-benefit-corporations-redefining-business-success/ – imagine that Treasury (on behalf of the Government) is seeking submissions on whether Australia should introduce legislation on B Corporations. Treasury has requested that submissions include suggestions on general provisions that any new legislation should include, or alternatively, arguments on why such legislation is not needed/desirable by reference to the current provisions of the Corporations Act 2001. Do not discuss the law on Charitable Trusts.