Issues Trustees Face in Natural Resource Damage Assessments, Part I

The Natural Resource Damage Assessment (NRDA) process evaluates natural resource injuries arising from hazardous waste or oil spills and determines the appropriate remedies. In this article, the first of a two part series, I address the issues that Natural Resource Trustees regularly face during the NRDA process outlined in numerous environmental statutes. Large scale environmental disasters call for sound science, but also discretionary and informed decision-making specific to the particulars of the scenario faced by the trustee that will make the public whole. If the environmental statutes are read correctly, a NRDA will enable a trustee to make the best decisions regarding restoration plans and damages owed. However, constant challenges to the trustee’s authority by the responsible party during the assessment process are not only inconsistent with the trustee’s statutorily delegated authority and the purpose of the environmental statutes themselves, but add considerable delay and cost to the restoration process. This article outlines the NRDA process a trustee typically follows while addressing common misinterpretations of statutory authority that often hinder the ultimate goal of environmental restoration.

Issues Trustees Face in Natural Resource Damage Assessments, Part II

The first part of this two part series laid out the process that a Natural Resource Trustee will follow to complete a sound Natural Resource Damage Assessment (NRDA) as well as the typical challenges they face from the Responsible Party. The second part will present the typical issues that the trustee will face as the NRDA is tested in a court of law. A major litigation hurdle typically concerns what counts as “sound science” under the fact specific circumstances of a particular case. Many responsible parties will attempt to challenge a trustee’s assessment under the Daubert standard, which is the test for admissibility of evidence. However, because trustees are selected for their scientific expertise and subject to applicable laws and policies, including guidance on how to conduct a NRDA, trustees are generally the best arbiters of appropriate science, and as such should not be subject to a rigorous Daubert analysis.

Accounting Education Changes in USA and Its Implications to PRC

The internationalization of accounting education in PRC as one of the most important parts of Chinese accounting internationalization has been Americanized to some extent since 1980s. As the representative of the world＇s most advanced education system, the USA accounting education is worth learning, but had been suffering from a crisis in the past 20 years. To better understand this crisis and draw some lessons from it, we have to review the 100-year history of the US＇ accounting education, identify key initiatives taken to struggle out, and conclude that this accounting education crisis in USA is due to its congenital professional examination orientation and about 40 years of deviation of accounting education from accounting practice. This paper is ended with some policy recommendations on the future development of accounting education in PRC including establishing university board of trustees and re-engineering accounting programs.

Understanding Trust Transfer in Construction Project Marketplace of China

Initial trust has been proved to be a crucial antecedent of Proper Risk Allocation(PRA)which benefits the improvement of construction project management.However,In the context of China,employer’s lack of trust in the unfamiliar contractor without prior trade experience is the main obstacle that prevents employer from using the RPA.The aim of this paper is to create a better understanding of a specific path of building trust named trust transfer.In this paper,we first reviews related literatures and sum up the main feature of the trust transfer from the other context(e.g.E-business),and proposed the conceptualization of trust transfer in construction project marketplace.And then,according the feature of the trust transfer,we describe the basic model of the trust transfer in the construction project marketplace including employer as the trustor,the third party(source)and the unfamiliar contractor as trustee(target),and the relationship between these three nodes.At last,we analyze the type of the third party and the relationship of the trust transfer in the context of construction project.

利用现行财会报表计算工业增加值探行

利用现行财会报表计算工业增加值探行魏育春，徐宏义（市电大）（市政府）为了适应新国民经济核算体系的转轨，使增加值的核算逐步规范化，各级统计部门分专业从基层计算增加值的工作逐步开展起来．然而，基层企业如何规范，准确地计算增加值却是一个有待进一步研究的问题...

公司董事对公司债权人之信义义务与注意义务——加拿大最高法院“Peoples Department Stores Inc. (Trustee of) v. Wise”案述评

在本案中,初审法院法官支持原告的诉讼主张,认为公司董事在公司濒临破产时,对公司债权人负有信义义务。上诉法院推翻了一审判决,认为公司董事仅对公司负有信义义务,本案被告董事并未违反任何义务。最终,终审法院维持了上诉法院的判决。加拿大最高法院的这一判决澄清了业界所广泛关注的一个问题,即公司董事对公司债权人的义务。不论是与加拿大以前的法律相比,还是与国外其他国家的法律相比,该判决都赋予了公司债权人更加广泛的潜在权利。最为重要的是,该判决未将公司债权人的此等权利与“公司濒临破产”这一要件事实联结在一起。此外,该判决还明确了公司董事对公司债权人总是负有注意义务这一重要公司法规则。

The corporate governance pilots of public libraries in China

The corporate governance of public libraries is the key work for a long time in China.As the national pilots,these pilots have provided reference experience and policy foundation,and set good models for boosting exploration of the new corporate governance structure in all kinds of public libraries across the country.However,the proposed corporate governance structure still suffers from issues,such as unbalanced regional development,limited breakthrough innovations,insufficient government support for social forces,and insufficient support for the decision-making power of the boards.Therefore,further development of the corporate governance structure of public libraries in China should focus on the following aims:clarifying the responsibilities for each stakeholder;making a series of matching rules and regulations;establishing and implementing rules for the"Librarianship Foundation"to guarantee the smooth flow of funds;reforming and innovating the personnel system to reflect the contemporaneity and the regional characteristics.With those elements in place,the professional modern public library governance structure that is oriented towards public welfare and based on scientific decisions and a sound incentive-based supervisory system would be built up gradually.Finally,the governance and service efficiency of Chinese libraries would be improved overall.