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In this chapter we continue our investigation of hierarchy by looking at head-movement, i.e. how heads of phrases may move and combine. In addition to seeing how this kind of movement works in technical terms, and what the empirical motivation for it is, we also introduce a major locality condition, the Head Movement Constraint. Then we return briefly to the topic of passives, and introduce raising. Finally, we make a first attempt at formulating a general notion of locality which unifies the Head Movement Constraint with a locality condition applying to both passives and raising.
Companies come into existence through registration. As discussed in Chapter 4, for a company to be registered it must have a constitution and/or have adopted all or some of the replaceable rules set out in the Corporations Act. The constitution and/or replaceable rules establish the internal rules that govern how the company operates. This chapter discusses the importance of these rules, whom they bind, and how they can be amended. It also discusses the rules that apply when there is a variation of the rights attaching to shares.
In this chapter we observe that syntax is mostly silent; given the overall organisation of the grammar, there are good reasons to expect this to be the case. Furthermore, among the silent elements there are, in addition to copies, empty pronouns and covert movement, various kinds of ellipsis. VP or predicate-ellipsis is quite rich in English, while NP-ellipsis is meagre. Ellipsis displays a number of departures from absolute identity of the antecedent and elided constituent, notably but not only sloppy readings and voice mismatches. We also look at the distinction between deep and surface anaphora and, following on from this, evidence that radical prodrop in East Asian languages appears to involve NP- or argument-ellipsis.
In the ‘betweens’ of art, research and teaching, this chapter adopts an a/r/tographic approach to explore children’s learning through media art within the Anthropocene, a proposed epoch that acknowledges human impact on Earth’s geology and ecosystems. This learning is thought of as ‘connected learning’, a type of learning that emphasises the integration of educational experiences across various settings, leveraging new media to foster innovative approaches to knowledge creation. The idea of connected learning aligns with the linked concept of children’s lifeworlds – which Arnott and Yelland take to encompass the everyday interactions that children negotiate in daily life as well as the less visible social, technical and material forces that shape those experiences – and the significance of Land as a participant in children’s learning. Children co-labour (or collaborate) with words, materials, technologies and Land to make meaning with their lifeworlds (e.g. semiosis as a process of wording and worlding). They do this in situated practice and through speculation (e.g. by asking “What if...?) to examine possible futures and alternative realities.
This chapter is the first of two chapters that examine what can happen when a company cannot pay its debts. It discusses the types of action that can be taken other than winding a company up, focusing upon receivership, schemes of arrangement, small business restructuring and voluntary administration. The chapter commences with a discussion on insolvency, and how it may be determined. This is a complex question, relying on an array of information specific to each company, beyond a company’s demonstrated assets and liabilities according to a balance sheet. Each of the actions the chapter considers are also demonstrative of different aspects of insolvency law, with different motivations and outcomes. Receiverships differ from other types of arrangements discussed in this chapter because they usually involve a receiver being appointed to look after the interests of one secured creditor.
This chapter looks at the syntactic, i.e. phrase-structural, definitions of grammatical functions put forward in Chomsky (1965), which we restate using X-bar theory. We then submit these definitions to the ‘relational-grammar critique’, to adopt a term coined by Baker (2001), which suggests not just that Chomsky’s definitions are incorrect, but that something closer to the traditional idea that grammatical functions are primitives of syntactic theory is the right approach. One aspect of this critique is that constituency tests do not give clear results in many languages (English being something of an exception). Instead, we propose that asymmetries in c-command relations can provide us with a more reliable and general guide to constituency, and hence phrase-structural relations. This allows us to maintain a configurational definition of grammatical relations. In the final section of this chapter, we look at a construction which appears to centrally involve grammatical functions: the passive. We will see how the passive can be elegantly and usefully defined in purely phrase-structural terms. The conclusion is that grammatical relations can be reduced to phrase-structural relations, and as such are not primitive elements of syntactic theory. This is an important step in establishing the primacy of configurational, hierarchical, phrase-structural relations.
In this chapter, we discuss a range of perspectives that fall under the umbrella term ‘corporate theory’. These theories address three questions:
1. What is the corporation, and from where does it gain its political and social legitimacy?
2. What is the purpose of the corporation, and whose interests should it serve?
3. How, if at all, should the exercise of power by – and within – corporations be regulated, and by whom?
These are inter-related questions and some theories help to answer more than one of them. Each theory also says something about one or other of the four perennial issues introduced in Chapter 1. Thinking about corporations and corporate law, whether it be through one of the approaches described in this chapter or some other perspective, means making a choice about the range of values represented in each of these distinctions. As one writer has emphasized:
To subscribe to a particular theory of the corporation often reflects a particular political attitude about corporate activity and correspondingly implies that corporations should be treated in a certain way.
This chapter surveys the main examples of corporate theory. While each author of this book has their own theoretical preference, we try o put our views on hold and invite the reader to consider their own position.
This chapter and the next two focus on wh-movement and what it can tell us about locality. We look first at the basic properties of wh-movement, then at the evidence that this movement relation is apparently unbounded, followed by a discussion of the very important class of ‘island phenomena’, which lead to the conclusion that wh-movement is not in fact unbounded despite initial appearances. We next look at the subjacency condition, a condition intended to provide a unified account of island phenomena. Finally, we look at the theory of barriers, an important refinement of subjacency.
The terms ‘curriculum’, ‘pedagogy’, ‘assessment’ and ‘reporting’ are often heard. Each of these terms has been interpreted in different ways and, throughout the history of formal education, one or another has been often at the forefront of educational thinking and practice. We consider that these four areas are inextricably interwoven and changes in policy or practice in one area influence each of the others. This chapter introduces some of the literature, research and practice to help develop an understanding of curriculum, pedagogy, assessment and reporting. We will discuss the interrelationship and alignment of these four areas, enabling reflection on how changes in each of these areas at a national, system or school level impact the day-to-day work of teachers.
Music is a powerful resource for human relating and the expression of meaning. From birth, infants are sensitive to music, explore vocal sounds in musical ways and have the ability to process music. Studies examining interactions between infants and their adult caregivers have discovered the fundamental musicality of these interactions, and the more musical these interactions, the more meaningful they tend to be. However, the potential of music functioning as a conduit for meaning expression, particularly in application to the education and care of young children, has largely been overlooked.
This chapter addresses the rights of company members to protect their own interests or those of the company. The chapter focuses on the rights of shareholders in a company limited by share capital, but the principles and rules discussed here apply equally to members of companies limited by guarantee. The legal protections and remedies discussed here can arise in a number of situations.
This chapter is concerned principally with the legal remedies that can be sought by minority shareholders. We will see that these are mainly found in the Corporations Act, but we begin by looking at the common law history behind the statutory provisions. Then we turn to the statute, the three main remedies being actions for oppression and unfairness, the statutory derivative action, and the winding up remedy. The chapter then looks at three other forms of legislative action: injunctive relief, access to company information, and the use of civil proceedings by ASIC.
This chapter discusses the broad concept of a market and financial markets. It then delves into the markets for shares (securities) and derivatives. Important actors in the financial markets are highlighted, such as the market operators (the ASX), intermediaries (such as stockbrokers), investors and the largest and most powerful of corporations—listed companies. The regulation of financial markets in chs 6CA and 7 of the Corporations Act is examined, beginning with the definitions of financial products (securities and derivatives). The licensing and supervision of financial markets is then considered: first, the licensing of markets themselves and their supervision through a system of rules—the Market Integrity Rules, the Operating Rules, and the Listing Rules.
This chapter then examines the interplay between certain listing rules and ch 6CA which requires disclosure by listed companies of material information to the market. We then consider the regulation of market misconduct under pt 7.10 of the Corporations Act. Finally, this chapter considers the public and private enforcement of the aforementioned obligations.