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1 – 10 of over 2000
Article
Publication date: 22 March 2024

Ghulam Mustafa, Waqas Rafiq, Naveed Jhamat, Zeeshan Arshad and Farhana Aziz Rana

This study aims to evaluate blockchain as an e-government governance model. It assesses its alignment with legal frameworks, emphasizing robustness against disruptions and…

Abstract

Purpose

This study aims to evaluate blockchain as an e-government governance model. It assesses its alignment with legal frameworks, emphasizing robustness against disruptions and adherence to existing laws.

Design/methodology/approach

The paper explores blockchain’s potential in e-government, focusing on legal, ethical and governance aspects. It conducts an in-depth analysis of blockchain’s integration into data governance, emphasizing legal compliance and resilient security protocols.

Findings

The study comprehensively evaluates blockchain’s implementation, covering privacy, interoperability, consensus mechanisms, scalability and regulatory alignment. It highlights governance’s critical role in ensuring legal compliance within blockchain paradigms.

Research limitations/implications

Ethical and legal concerns arising from blockchain adoption remain unresolved. The study underscores how blockchain challenges its core principles of anonymity and decentralization in e-government settings.

Practical implications

The framework outlined offers potential for diverse technological environments, albeit raising ethical and legal queries. It emphasizes governance’s pivotal role in achieving legal compliance in blockchain adoption.

Social implications

Blockchain’s impact on legal and ethical facets necessitates further exploration to align with its core principles while addressing governance in e-government settings.

Originality/value

This study presents a robust framework for assessing blockchain’s viability in e-government, emphasizing legal compliance, despite ethical and legal intricacies that challenge its fundamental principles.

Details

International Journal of Law and Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 26 February 2024

Doris Ochterbeck, Colleen M. Berryessa and Sarah Forberger

Neuroscientific research on addictions has prompted a paradigm shift from a moral to a medical understanding – with substantial implications for legal professionals’ interactions…

Abstract

Purpose

Neuroscientific research on addictions has prompted a paradigm shift from a moral to a medical understanding – with substantial implications for legal professionals’ interactions with and decision-making surrounding individuals with addiction. This study complements prior work on US defense attorney’s understandings of addiction by investigating two further perspectives: the potential “next generation” of legal professionals in the USA (criminal justice undergraduates) and legal professionals from another system (Germany). This paper aims to assess their views on the brain disease model of addiction, dominance and relevance of this model, the responsibility of affected persons and preferred sources of information.

Design/methodology/approach

Views of 74 US criminal justice undergraduate students and 74 German legal professionals were assessed using Likert scales and open-ended questions in an online survey.

Findings

Neuroscientific research findings on addictions and views that addiction is a brain disease were rated as significantly more relevant by American students to their potential future work than by German legal professionals. However, a majority of both samples agreed that addiction is a brain disease and that those affected are responsible for their condition and actions. Sources of information most frequently used by both groups were publications in legal academic journals.

Practical implications

In the USA, information for legal professionals needs to be expanded and integrated into the education of its “next generation,” while in Germany it needs to be developed and promoted. Legal academic journals appear to play a primary role in the transfer of research on addiction into legal practice.

Originality/value

This study complements prior work on US defense attorney’s understandings of addiction by investigating two further perspectives.

Details

Journal of Criminal Psychology, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2009-3829

Keywords

Article
Publication date: 19 March 2024

Benny Hutahayan, Mohamad Fadli, Satria Amiputra Amimakmur and Reka Dewantara

This study aims to analyze the causes and implications of legal uncertainty in the issuance of conventional municipal bonds in Indonesia and to draw lessons from Vietnam’s…

Abstract

Purpose

This study aims to analyze the causes and implications of legal uncertainty in the issuance of conventional municipal bonds in Indonesia and to draw lessons from Vietnam’s approach in providing better legal certainty.

Design/methodology/approach

This study adopts a normative legal method with a legislative approach and applies a comparative approach. Data sources involve primary and secondary legal materials from both Indonesia and Vietnam.

Findings

The legal uncertainty is caused by a lack of coherence and consistency in legislation. Based on Vietnam’s experience, Indonesia can gain valuable insights related to providing strong legal certainty for parties involved in issuing or investing through conventional municipal bonds.

Research limitations/implications

This study focuses on the comparative legal analysis of conventional municipal bonds in Indonesia with Vietnam.

Practical implications

This research provides recommendations for the refinement of legislation regarding conventional municipal bonds to the government.

Social implications

This study is related to legal certainty as a strategy to attract investment through municipal bonds and to ensure the municipal bond issuance process is transparent and efficient.

Originality/value

This study provides a comparative perspective on the issuance of municipal bonds in Indonesia, with a special focus on Vietnam, emphasizing the urgency of harmonization in legal regulation and the sustainability of legal certainty.

Details

International Journal of Law and Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1754-243X

Keywords

Article
Publication date: 13 October 2023

Datien Eriska Utami

This study aims to learn how a three-way interaction moderation model is used to analyse the role of country-specific characteristics, in the form of the implementation of Sharia

Abstract

Purpose

This study aims to learn how a three-way interaction moderation model is used to analyse the role of country-specific characteristics, in the form of the implementation of Sharia law and legal origin in a particular country, in the choice of sukuk type.

Design/methodology/approach

The firm profitability and firm leverages of sukuk issuer are used as the firm characteristics that can influence the choice of sukuk type between Mudharaba sukuk, Ijara sukuk and Murabaha sukuk. The research sample of 545 global sukuk issuances, obtained from the IIFS database, includes the issuance of Mudharaba sukuk, Ijara sukuk and Murabaha sukuk from ten sukuk issuer countries all over the world.

Findings

The research results show that the probability of choosing Mudharaba and Ijara sukuk is found in issuers sukuk with a high firm leverage, while the probability of choosing Murabaha sukuk is found in issuers sukuk with a high firm profitability. A three-way interaction moderation model is used in this research to explain that sukuk issuers in countries that implement Sharia law and adopt a legal origin common law system will have a higher choice of Mudharabah and Ijarah sukuk types if the firm’s leverage is high. If the firms’ profitability is high, then the sukuk issuer prefers Murabaha sukuk.

Research limitations/implications

The use of firm’s characteristic variables is based solely on trade-off theory and pecking order theory. Also, limitations on the implementation of Sharia law in countries that do not provide opportunities for countries that apply a mixed law system.

Practical implications

The role of Sharia law and common law legal origin is proven, through a three-way interaction model, to strengthen the interaction of the firm leverage and choice of Mudharaba sukuk.

Social implications

Legal certainty for Islamic financial institutions is created in the context of ease of investing in sukuk. Flexibility in the structure is also one of the factors that encourage the development of market acceptance of sukuk. The right structure of the sukuk can be used for specific target markets.

Originality/value

There has been no study carried out on a three-way interaction moderation model used to analyse the role of country-specific characteristics. The role of Sharia law and common law legal origin is proven, through a three-way interaction model, to strengthen the interaction of the firm leverage and choice of Mudharaba sukuk.

Details

Journal of Islamic Accounting and Business Research, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1759-0817

Keywords

Article
Publication date: 12 December 2023

Peiyuan Huang, Junguang Gao, Wenyuan Cai and Fuzhen Gu

This study aims to use institutional and upper echelons theories to comprehensively investigate the intricate interplay between TMT legal expertise and firms' adaptive strategies…

Abstract

Purpose

This study aims to use institutional and upper echelons theories to comprehensively investigate the intricate interplay between TMT legal expertise and firms' adaptive strategies in legal contexts, notably within emerging economies. It explores how upper echelons experiences shape opportunistic compliance strategies, impacting value and risk perceptions. Drawing on upper echelons theory, the research probes how TMT legal expertise molds firms’ involvement in significant lawsuits, accounting for influential roles. It scrutinizes TMT’s impact on legal strategies, positing that managerial discretion emerges from environmental factors, organizational attributes and executive traits. The study underscores TMT’s internal incentives and external factors’ interplay, molding strategic legal engagement.

Design/methodology/approach

To validate this framework, statistical analysis is performed on data from 2,584 Chinese-listed firms. The data set spans 2010–2015, with 5,713 material lawsuits. Chosen due to reliable institutional-level incentives data from the China Market Index Database, years 2016–2019 are excluded for methodological disparities. Moreover, 2007–2009 is omitted to mitigate the potential financial crisis impact. This study’s 11,272 observations ensure robust empirical exploration, offering insights into the interplay of TMT legal expertise, institutional factors and firms’ legal strategies.

Findings

The study reveals that firms led by executives with legal expertise are more prone to engage in significant lawsuits, indicating strategic use of legal skills. TMT age moderates this, with older teams less likely to engage. TMT tenure’s effect remains unclear due to tenure-risk preference complexity. Institutional factors matter; less legally mature regions reduce managers’ legal risk intention. Results confirm hypotheses and highlight executive human capital’s impact on firms’ legal strategies.

Research limitations/implications

This study acknowledges contributions while highlighting limitations, including the need for detailed distinctions in lawsuit roles and exploration of heterogeneous TMT power dynamics. Further research is proposed for nuanced power dynamics and comprehensive TMT legal background data. The study advances upper echelons theory by introducing TMT legal expertise as a factor influencing strategic lawsuit behavior. It challenges institutional theory by showing the adaptable legal context, beyond fixed constraints. Moderating factors – group risk attitude and external knowledge – deepen understanding of upper echelons’ impact. Enhanced data collection is encouraged to address limitations and refine findings.

Practical implications

This study’s implications extend to managerial practices. Firms should acknowledge the dynamic legal system, using TMT legal expertise for strategic legal challenges. Executives should pragmatically approach regulations. While legal professionals enhance compliance, caution is needed in selecting TMT members with legal expertise due to the risk of misusing it for unnecessary litigation, potentially misaligned with financial performance goals.

Originality/value

This study combines institutional and upper echelons theories to explore TMT legal expertise’s impact on firms’ adaptive strategies in emerging economies. It challenges the idea of a universally constraining legal environment and highlights how TMT legal expertise enhances firms’ management of complex legal risks. The research introduces TMT legal expertise as an influencing factor in strategic lawsuits, revealing nuanced relationships between legal contexts and strategic decisions. The findings enrich upper echelons theory, challenge conventional institutional views and identify moderating factors that deepen the understanding of upper echelons’ influence in legal landscapes.

Details

Chinese Management Studies, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1750-614X

Keywords

Article
Publication date: 21 November 2023

Rahman Ullah Khan, Karim Ullah and Muhammad Atiq

This study aims to synthesize the existing literature with insights gained from interviews conducted with regulatory experts. The objective is to analyse the challenges associated…

Abstract

Purpose

This study aims to synthesize the existing literature with insights gained from interviews conducted with regulatory experts. The objective is to analyse the challenges associated with incorporating cryptocurrencies into regulatory frameworks and to explore constraints in the regulatory institutionalization of cryptocurrencies.

Design/methodology/approach

The study methodology consists of two steps. The first step is to identify regulatory constraints in the literature review and in the next step, interviews are conducted with officials of the State Bank of Pakistan (SBP). The study used a qualitative case study methodology, in which a single case (regulatory constraint) was selected as a unit of analysis.

Findings

The findings show that lack of traceability, legal status, lack of governmental control due to decentralization, difficulty enforcing laws, volatility, lack of skills with regulators and difficulty integrating cryptocurrencies into the current financial system are the main obstacles to the introduction of a regulatory framework. Thus, on a broader conceptual level, the findings can be grouped into opportunism, lack of strategic capability and fragmented global laws.

Research limitations/implications

This study could inform global cryptocurrency regulation discussions, sharing a developing country’s views on balancing the government, central banks, the financial sector and public interests. This could guide countries to consider cryptocurrency adoption in similar situations. This could affect the cryptocurrency market, impacting demand, supply and investor trust in Pakistan.

Practical implications

The study has implications for policy making officials. The research aims to offer valuable insights to the SBP and other regulatory authorities, helping them identify potential risks and create an effective regulatory framework for cryptocurrencies.

Social implications

The study has implications for society in knowing about the volatile nature of cryptos and anonymity of their issuers, which poses regulatory constraints. This then implies its harmfullness to its traders and the huge losses that may arise from their trading due to its volatile nature.

Originality/value

This study contributes to the literature on the constraints, responsibilities and consultation framework of cryptocurrency regulations.

Details

Qualitative Research in Financial Markets, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1755-4179

Keywords

Article
Publication date: 26 December 2023

Farshad Peiman, Mohammad Khalilzadeh, Nasser Shahsavari-Pour and Mehdi Ravanshadnia

Earned value management (EVM)–based models for estimating project actual duration (AD) and cost at completion using various methods are continuously developed to improve the…

Abstract

Purpose

Earned value management (EVM)–based models for estimating project actual duration (AD) and cost at completion using various methods are continuously developed to improve the accuracy and actualization of predicted values. This study primarily aimed to examine natural gradient boosting (NGBoost-2020) with the classification and regression trees (CART) base model (base learner). To the best of the authors' knowledge, this concept has never been applied to EVM AD forecasting problem. Consequently, the authors compared this method to the single K-nearest neighbor (KNN) method, the ensemble method of extreme gradient boosting (XGBoost-2016) with the CART base model and the optimal equation of EVM, the earned schedule (ES) equation with the performance factor equal to 1 (ES1). The paper also sought to determine the extent to which the World Bank's two legal factors affect countries and how the two legal causes of delay (related to institutional flaws) influence AD prediction models.

Design/methodology/approach

In this paper, data from 30 construction projects of various building types in Iran, Pakistan, India, Turkey, Malaysia and Nigeria (due to the high number of delayed projects and the detrimental effects of these delays in these countries) were used to develop three models. The target variable of the models was a dimensionless output, the ratio of estimated duration to completion (ETC(t)) to planned duration (PD). Furthermore, 426 tracking periods were used to build the three models, with 353 samples and 23 projects in the training set, 73 patterns (17% of the total) and six projects (21% of the total) in the testing set. Furthermore, 17 dimensionless input variables were used, including ten variables based on the main variables and performance indices of EVM and several other variables detailed in the study. The three models were subsequently created using Python and several GitHub-hosted codes.

Findings

For the testing set of the optimal model (NGBoost), the better percentage mean (better%) of the prediction error (based on projects with a lower error percentage) of the NGBoost compared to two KNN and ES1 single models, as well as the total mean absolute percentage error (MAPE) and mean lags (MeLa) (indicating model stability) were 100, 83.33, 5.62 and 3.17%, respectively. Notably, the total MAPE and MeLa for the NGBoost model testing set, which had ten EVM-based input variables, were 6.74 and 5.20%, respectively. The ensemble artificial intelligence (AI) models exhibited a much lower MAPE than ES1. Additionally, ES1 was less stable in prediction than NGBoost. The possibility of excessive and unusual MAPE and MeLa values occurred only in the two single models. However, on some data sets, ES1 outperformed AI models. NGBoost also outperformed other models, especially single models for most developing countries, and was more accurate than previously presented optimized models. In addition, sensitivity analysis was conducted on the NGBoost predicted outputs of 30 projects using the SHapley Additive exPlanations (SHAP) method. All variables demonstrated an effect on ETC(t)/PD. The results revealed that the most influential input variables in order of importance were actual time (AT) to PD, regulatory quality (RQ), earned duration (ED) to PD, schedule cost index (SCI), planned complete percentage, rule of law (RL), actual complete percentage (ACP) and ETC(t) of the ES optimal equation to PD. The probabilistic hybrid model was selected based on the outputs predicted by the NGBoost and XGBoost models and the MAPE values from three AI models. The 95% prediction interval of the NGBoost–XGBoost model revealed that 96.10 and 98.60% of the actual output values of the testing and training sets are within this interval, respectively.

Research limitations/implications

Due to the use of projects performed in different countries, it was not possible to distribute the questionnaire to the managers and stakeholders of 30 projects in six developing countries. Due to the low number of EVM-based projects in various references, it was unfeasible to utilize other types of projects. Future prospects include evaluating the accuracy and stability of NGBoost for timely and non-fluctuating projects (mostly in developed countries), considering a greater number of legal/institutional variables as input, using legal/institutional/internal/inflation inputs for complex projects with extremely high uncertainty (such as bridge and road construction) and integrating these inputs and NGBoost with new technologies (such as blockchain, radio frequency identification (RFID) systems, building information modeling (BIM) and Internet of things (IoT)).

Practical implications

The legal/intuitive recommendations made to governments are strict control of prices, adequate supervision, removal of additional rules, removal of unfair regulations, clarification of the future trend of a law change, strict monitoring of property rights, simplification of the processes for obtaining permits and elimination of unnecessary changes particularly in developing countries and at the onset of irregular projects with limited information and numerous uncertainties. Furthermore, the managers and stakeholders of this group of projects were informed of the significance of seven construction variables (institutional/legal external risks, internal factors and inflation) at an early stage, using time series (dynamic) models to predict AD, accurate calculation of progress percentage variables, the effectiveness of building type in non-residential projects, regular updating inflation during implementation, effectiveness of employer type in the early stage of public projects in addition to the late stage of private projects, and allocating reserve duration (buffer) in order to respond to institutional/legal risks.

Originality/value

Ensemble methods were optimized in 70% of references. To the authors' knowledge, NGBoost from the set of ensemble methods was not used to estimate construction project duration and delays. NGBoost is an effective method for considering uncertainties in irregular projects and is often implemented in developing countries. Furthermore, AD estimation models do fail to incorporate RQ and RL from the World Bank's worldwide governance indicators (WGI) as risk-based inputs. In addition, the various WGI, EVM and inflation variables are not combined with substantial degrees of delay institutional risks as inputs. Consequently, due to the existence of critical and complex risks in different countries, it is vital to consider legal and institutional factors. This is especially recommended if an in-depth, accurate and reality-based method like SHAP is used for analysis.

Details

Engineering, Construction and Architectural Management, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 0969-9988

Keywords

Article
Publication date: 29 March 2024

Tareq Na'el Al-Tawil

The purpose of this paper is to explore the legislative framework that governs whistleblowing in the UAE.

Abstract

Purpose

The purpose of this paper is to explore the legislative framework that governs whistleblowing in the UAE.

Design/methodology/approach

The paper examines social perceptions and practical challenges related to the act of whistleblowing. It focuses on the effectiveness, limitations and implications of the current legal status of whistleblowing in the UAE.

Findings

The UAE does not have a unified legal framework that governs whistleblowing and whistleblower protections like in the case of the USA. Therefore, there is an urgent need for comprehensive federal regulations that will apply to all sectors across the entire UAE. Each emirate and economic zone can then model their whistleblowing regulations against the federal law to ensure consistency and uniformity in application. The UAE will also benefit from public awareness and education programs to address the conservative culture that discourages whistleblowing. Most importantly, corporate governance and culture are central to the success of existing laws considering the overreliance on organizations and employees.

Originality/value

The paper provides a robust and analytical discussion of the whistleblowing laws and regulations in the UAE to dissect current practices and implications for future practice.

Details

Journal of Money Laundering Control, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 15 May 2024

Suji Kim, John Grady and Khalid Ballouli

This paper aims to provide an integrated legal and marketing perspective on the imminent trademark challenges and opportunities for sports organizations operating in the metaverse.

Abstract

Purpose

This paper aims to provide an integrated legal and marketing perspective on the imminent trademark challenges and opportunities for sports organizations operating in the metaverse.

Design/methodology/approach

The approach is a legal commentary that explores the ways in which the current legal framework, especially in the context of trademarks, might need to transform to offer robust protection for sports brands in the virtual marketplaces emerging within the metaverse.

Findings

Our analysis reveals that the traditional legal frameworks for trademarks are often inadequate to address the unique challenges posted by the metaverse, such as the issue of virtual goods replication and the global accessibility of branded content. The findings indicate that sport organizations must adopt proactive strategies to monitor and enforce their trademark rights effectively within these expansive digital environments. Moreover, legislative bodies may need to consider reforms or new regulations specifically tailored to the complexities of trademark protection in the digital realm to prevent dilution and misuse of sport brands.

Originality/value

In light of legal and branding issues related to metaverse-based trademarks, this paper is dedicated to examining the legal principles and foundations necessary to enhance the protection of sports brands within the virtual marketplace of the metaverse.

Details

International Journal of Sports Marketing and Sponsorship, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1464-6668

Keywords

Article
Publication date: 11 August 2021

Hassan Dakel Abd Radhi

Under international human rights law, states can limit the exercise of most human rights if it is necessary to protect the rights of others or collective interests. The hazards of…

Abstract

Purpose

Under international human rights law, states can limit the exercise of most human rights if it is necessary to protect the rights of others or collective interests. The hazards of epidemics and diseases have raised many legal, economic and social issues in their link with global health security, which renew the discussion regarding the effects of the COVID-19 on some civil and commercial transactions and financial and tax obligations. Therefore, the purpose of this paper is to discuss the effects of COVID-19 on contractual obligations.

Design/methodology/approach

In this research, we are going to follow the method of the analytical and applied approach at the same time by analyzing the cases in which contractual obligations are affected by the circumstances of the COVID-19 and its legal implications, as well as to apply the theories related to this aspect to different cases.

Findings

The result of the study funded that the legal adaptation of the COVID-19 pandemic is limited to the theory of emergency circumstances and the theory of the force majeure, and the matter remains in the hands of the trial judge to attribute the incident imposed on him to one of the two cases according to the circumstances of the case.

Originality/value

The effects of the COVID-19 pandemic on contractual obligations should be applied on each contract separately according to the extent of its impact on the contractors because the spread of the virus may have an impact on the obligations of one of the contractors, leading to exhaustion of the debtor, or it may lead to the impossibility of implementing the obligation.

Details

International Journal of Human Rights in Healthcare, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2056-4902

Keywords

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