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Article
Publication date: 1 January 2006

Elia Marzal

The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of…

3643

Abstract

Purpose

The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of conferral of protection.

Design/methodology/approach

One main dimension is selected and discussed: the case law of the national courts. The study focuses on the legal status of immigrants resulting from the intervention of these national courts.

Findings

The research shows that although the courts have conferred an increasing protection on immigrants, this has not challenged the fundamental principle of the sovereignty of the states to decide, according to their discretionary prerogatives, which immigrants are allowed to enter and stay in their territories. Notwithstanding the differences in the general constitutional and legal structures, the research also shows that the courts of the three countries considered – France, Germany and Spain – have progressively moved towards converging solutions in protecting immigrants.

Originality/value

The research contributes to a better understanding of the different legal orders analysed.

Details

Managerial Law, vol. 48 no. 1/2
Type: Research Article
ISSN: 0309-0558

Keywords

Article
Publication date: 22 March 2019

Tanja Steigner, Marian K. Riedy and Antonina Bauman

The purpose of this paper is to investigate the interaction between legal origin and cultural distance and its impact on foreign direct investment (FDI) flows into the OECD.

Abstract

Purpose

The purpose of this paper is to investigate the interaction between legal origin and cultural distance and its impact on foreign direct investment (FDI) flows into the OECD.

Design/methodology/approach

Ordinary least squares regression analysis is used to evaluate FDI flows into OECD countries between 2003 and 2012. Estimations use fixed effects and clustered standard errors.

Findings

FDI flows from civil to common law countries are greater than vice versa. Further, cultural distance impacts FDI flows depending on the legal origin of the source country. Specifically, more FDI flows from civil and common law countries, when the host country has a higher (lower) power distance (individualism) score. Civil law countries send more FDI into countries with higher masculinity, uncertainty avoidance and indulgence scores and with lower long-term orientation scores. The opposite is the case with common law source countries. The findings remain robust for various changes to the sample selection.

Research limitations/implications

The concepts of cultural distance and legal origin have been criticized. However, neither concept has been rejected; rather, both concepts persist as robust empirical research tools.

Practical implications

Scholars, managers and investors can gauge the impact of cultural distance on FDI flows based on the legal family of the source country. Further, policy makers might want to consider rebranding their countries in terms of cultural perceptions to show the attractiveness of specific cultural dimensions to foreign companies and investors.

Originality/value

To the best of the authors’ knowledge, this is the first paper that jointly investigates FDI, legal origin and national culture.

Details

International Journal of Managerial Finance, vol. 15 no. 3
Type: Research Article
ISSN: 1743-9132

Keywords

Article
Publication date: 7 June 2023

Ali İhsan Akgün and Serap Pelin Türkoğlu

This study aims to reveal to what extent successful European listed firms depend on their intellectual capital investment in achieving business success during the global financial…

Abstract

Purpose

This study aims to reveal to what extent successful European listed firms depend on their intellectual capital investment in achieving business success during the global financial crisis.

Design/methodology/approach

This study used value added intellectual coefficient (VAIC) methodology to measure the effect of intellectual capital on financial performance of business, which consist of 683 the sample listed firms. To examine the nexus between intellectual capital, legal origin and firm performance, estimated panel test and ordinary least squares regression model is used to data obtained from a sample of European countries.

Findings

The finding of this study suggests that there exists a positive relationship between intellectual capital and firm performance with return on assets (ROA) before the financial crisis, while firm performance with return on equity did not contribute to intellectual capital before and after the crisis period. Additionally, common law countries have a positive and statistically significant impact on firm performance with ROA for the before-crisis period, while code law countries have positively significant effect with VAIC on ROA.

Practical implications

The VAIC method has played a critical role in the management decision-making process to integrate the intellectual capital in the financial crisis period.

Originality/value

This study examines intellectual capital components such as human capital, structural capital and process capital efficiencies and firm performance in the legal origin context. The empirical evidence shows that there are significant impacts of legal origin on the nexus between intellectual capital and performance of listed firms during the global financial crisis.

Details

International Journal of Organizational Analysis, vol. 32 no. 4
Type: Research Article
ISSN: 1934-8835

Keywords

Article
Publication date: 3 November 2014

Andreas Norrman and Oskar Henkow

Logisticians propose changes to improve supply chains, and legal practitioners do likewise, but from a different perspective. Proposals from one domain increasingly have an impact…

2027

Abstract

Purpose

Logisticians propose changes to improve supply chains, and legal practitioners do likewise, but from a different perspective. Proposals from one domain increasingly have an impact on the other due to e.g. globalization – but cross-disciplinary knowledge often seems limited. The purpose of this paper is to facilitate interaction between the domains by increasing the level of joint understanding of the principles used in each domain, and to look at the potential frictions and challenges.

Design/methodology/approach

Management principles for efficient logistics and supply chain management as well as key principles governing the legal systems are summarized on both a paradigmatic and an action level. Illustrations from practice are presented. These have been obtained by a cross-functional team which has interviewed both logisticians and lawyers. Findings are based on cross-functional comparative analysis of principles and illustrations.

Findings

Frictions between operational principles were found to exist in each domain, with some principles harder to reconcile than others. There are also challenges between the two paradigms of logistics and law that influence the operational principles.

Research limitations/implications

One implication is that the knowledge gap, challenges and frictions between the professions and domains, both in practice and academia, would benefit from more research.

Practical implications

Although it may seem trivial, logisticians and lawyers need to cooperate better. The research shows on a fundamental level, with practical examples, the challenges and frictions that occur.

Originality/value

The cross-functional approach with law, and the discussion and comparison of principles.

Details

International Journal of Physical Distribution & Logistics Management, vol. 44 no. 10
Type: Research Article
ISSN: 0960-0035

Keywords

Article
Publication date: 1 March 2011

Dana L. Haggard and K. Stephen Haggard

This study provides insight into the proportion of the variation across countries in the desirable outcomes of freedom and peace that can be accounted for using a set of national…

Abstract

This study provides insight into the proportion of the variation across countries in the desirable outcomes of freedom and peace that can be accounted for using a set of national characteristics which are difficult, if not impossible, to change. The majority of prior studies in this area have utilized bivariate (correlational) analysis. While these studies have made important contributions to the field, they have not been able to disentangle the effects of other important national characteristics from the effect of culture on freedom and peace. Through our multivariate framework, we are able to shed light on the relative importance of these national characteristics in explaining the variation in freedom and peace across countries.

Details

International Journal of Organization Theory & Behavior, vol. 14 no. 3
Type: Research Article
ISSN: 1093-4537

Article
Publication date: 27 November 2019

Yan-Ho Lai

Despite the preservation of “One Country, Two Systems” for 50 years under the Sino-British Joint Declaration and Basic Law, changes are palpable due to the emergence of a real…

Abstract

Purpose

Despite the preservation of “One Country, Two Systems” for 50 years under the Sino-British Joint Declaration and Basic Law, changes are palpable due to the emergence of a real contest between liberal and pro-China actors in the legal profession and the legal environment in Hong Kong. After celebrating the twentieth anniversary of Hong Kong’s sovereignty transfer from Britain to China, it is valuable to study how the sovereign power influence the rule of law in its semiautonomous city by non-legal measures. This paper aims to offer a preliminary research on China’s political economic strategy, which is regarded as the “China factor”, in the legal system of Hong Kong, and its political, economic and legal-cultural impacts on the rule of law.

Design/methodology/approach

This paper argues that China exerts its influence over the legal system of Hong Kong in four domains, including ideology, political elections, legal organization and cross-border political economy. Based on media research and content analysis over published materials of various legal associations and institutions, it is found that China attempts to consolidate its control in Hong Kong by producing alternative legal ideology and discourse of the rule of law and by co-opting the legal profession under China’s united front strategy.

Findings

While there are liberal lawyers and legal scholars vocally engaging in defense of human rights and the rule of law in Hong Kong, a network of legal profession promoting socialist and authoritarian legal values has become prominent. Hong Kong’s legal culture will continue to be shaped in accordance with authoritarian characteristics and will adversely affect developing the rule of law in this international city.

Originality/value

This paper contributes to the study of China’s influence over the legal profession of Hong Kong and in general Hong Kong’s jurisdiction by offering an example to the international community that contributes towards understanding how China adopts different strategies to expand political significance beyond its border.

Details

Social Transformations in Chinese Societies, vol. 15 no. 2
Type: Research Article
ISSN: 1871-2673

Keywords

Article
Publication date: 14 May 2018

Rekha Rao-Nicholson, Peter Rodgers and Zaheer Khan

The purpose of this paper is to examine the relevance of academic research in the business and management studies stream to various stakeholders. The stakeholder theory is used to…

Abstract

Purpose

The purpose of this paper is to examine the relevance of academic research in the business and management studies stream to various stakeholders. The stakeholder theory is used to examine the influence of research on various key beneficiaries and investigate the link between the domain of research and locus of impact.

Design/methodology/approach

Research Excellence Framework 2014 (REF 2014) conducted in the UK provides a useful context and data for our research as REF 2014 encouraged universities to submit the information on research activities and their beneficiaries. This information is in the form of impact case studies which details the research, location of research and beneficiaries.

Findings

The findings suggest that research with an international focus has a positive impact on industry stakeholders, especially multinational corporations as well as non-governmental organizations. Second, it shows how research has made a commercial impact in innovation and small and medium enterprises’ growth while having limited impact on other domains such as social, legal, political and healthcare. More broadly, the findings indicate the degree of regional diversity. Also, the wider results-driven agenda in the UK can overestimate the research contribution to some stakeholders in the society.

Research limitations/implications

Self-selection bias as universities might submit only few case studies.

Practical implications

For research to generate long-term benefits for the wider society, it needs to engage more deeply with the whole range of stakeholders.

Originality/value

This study contributes to understanding how research is consumed by stakeholders. The results indicate that while locally relevant research encourages local consumption; it is not assimilated across various stakeholders.

Details

Journal of Management Development, vol. 37 no. 4
Type: Research Article
ISSN: 0262-1711

Keywords

Article
Publication date: 22 August 2022

Bashir Tijani, Xiao-Hua Jin and Robert Osei-Kyei

Architectural, engineering and construction (AEC) project organizations are under constant pressure to improve the mental health of project management practitioners (PMPs) due to…

Abstract

Purpose

Architectural, engineering and construction (AEC) project organizations are under constant pressure to improve the mental health of project management practitioners (PMPs) due to complexity and dynamism involved in project management practices. Drawing on institutional theory, this research explores how external environmental factors, political factors, economic factors, social factors, technological factors, environmental factors and legal factors (PESTEL), influence mental health management indicators that contribute to positive mental health.

Design/methodology/approach

Purposive sampling method was used to collect survey data from 82 PMPs in 60 AEC firms in Australia. Structural equation modelling was used to test the hypotheses based on 82 items of data collected from PMPs.

Findings

Overall, this study revealed interesting findings on the impact of external environmental factors on mental health. The hypothesized positive association between political factors and mental health management indicators was rejected. The data supported the proposed hypothetical correlation between economic factors and mental health management indicators and the influence of social factors on mental health management indicators. Moreover, a hypothetical relationship between technological factors and mental health management indicators was supported. The significant positive impact of environmental factors on mental health management indicators proposed was supported, and legal factors’ positive correlation on mental health management indicators was also supported.

Originality/value

Despite the limitations, the present findings suggest that all the external environment factors except political factors shape mental health management outcomes.

Details

Smart and Sustainable Built Environment, vol. 12 no. 5
Type: Research Article
ISSN: 2046-6099

Keywords

Article
Publication date: 16 August 2011

Iván Székely, Máté Dániel Szabó and Beatrix Vissy

The purpose of the paper is to provide an overview of the legal implications which may be relevant to the ethical aspects of emerging technologies, to explore the existing…

2400

Abstract

Purpose

The purpose of the paper is to provide an overview of the legal implications which may be relevant to the ethical aspects of emerging technologies, to explore the existing situation in the area of legal regulation at EU level, and to formulate recommendations for the lawmakers.

Design/methodology/approach

The analysis is based on the premise that the law is supposed to invoke moral principles. Speculative findings are formulated on the basis of analyzing specific emerging technologies; empirical findings are based on a research conducted in the whole legal corpus of the EU.

Findings

In the area of network‐based technologies the already existing and elaborated legal frameworks can be used in an extended manner; artificial intelligence‐based technologies call for alterations in several branches of law; while interface technologies show the difficulty and complexity of regulating interdisciplinary fields. The legal implications of emerging technologies have attracted only a minimal legislative attention in the competent bodies of the EU.

Originality/value

The paper provides a systemic approach towards transmitting ethical norms to the application of emerging technologies through legal regulation, and formulates detailed recommendations in various areas of such technologies.

Details

Journal of Information, Communication and Ethics in Society, vol. 9 no. 3
Type: Research Article
ISSN: 1477-996X

Keywords

Article
Publication date: 19 June 2009

Erica Nance and Raymond L. Calabrese

The purpose of this paper is to describe the reasons current or former tenured special education teachers in a Local Education Agency remain or leave their special education…

2298

Abstract

Purpose

The purpose of this paper is to describe the reasons current or former tenured special education teachers in a Local Education Agency remain or leave their special education teaching positions through the theoretical perspectives of organizational learning and organizational culture. The paper aims to describe the influence of increased legal requirements on current or former tenured special education teacher attrition or retention by reporting their reasons for staying or leaving.

Design/methodology/approach

A qualitative multiple case study of two units of analysis was conducted through a constructionist epistemology. Data were collected from 40 current and former tenured special education teachers through focus groups, semi‐structured interviews, the Left Hand and Right‐Hand Column Case Method, and review of appropriate documents. The data collected were analyzed using text analysis software, content analysis, and pattern matching.

Findings

Four salient findings from the paper are: current tenured special education teachers want to be listened to and have their needs considered; current tenured special education teachers feel overwhelmed by the workload related to state assessments; current and former tenured special education teachers believe that legally‐required changes affected them in practice; and current and former tenured special education teachers perceive that time requirements for administrative tasks reduce time for student services.

Practical implications

Implications for praxis include organizational learning and organizational culture that encourage listening to the experience of tenured special education teachers and including them in decisions that affect them in an effort to retain them.

Originality/value

The paper assesses the impact of increased legal requirements on special education teacher retention and attrition.

Details

International Journal of Educational Management, vol. 23 no. 5
Type: Research Article
ISSN: 0951-354X

Keywords

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