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1 – 10 of over 7000Civil liability is a concern of all police agencies. Research has tended to focus on the extent of liability and factors that lead tocivil suits. However, few have studied…
Abstract
Civil liability is a concern of all police agencies. Research has tended to focus on the extent of liability and factors that lead tocivil suits. However, few have studied howofficers perceive civil liability issues. This article explores how officers perceive the impact of civil liability on their actions in the field. Furthermore, it considers how officers feel about administrative measures used by departments to reduce liability.
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The Committee has considered the present state of English civil law in relation to remedies available to victims of money laundering. We summarise here the relevant rules and…
Abstract
The Committee has considered the present state of English civil law in relation to remedies available to victims of money laundering. We summarise here the relevant rules and principles of English law. See ‘Summary of the current legal position’ below.
There are few papers which deal with professional liability for buildings when architects and engineers (AEs) face disaster risks. The purpose of this paper is to find out the…
Abstract
Purpose
There are few papers which deal with professional liability for buildings when architects and engineers (AEs) face disaster risks. The purpose of this paper is to find out the main legal risks for practitioners.
Design/methodology/approach
This paper uses t‐tests and ANOVA to investigate the impacts of earthquake on four areas: the number of architects or engineers who were sued; the time to appeal cases; the conviction rate in final judgments; and the number of public or private projects filed.
Findings
The results show that design professionals have a high burden of legal liability risks that were substantially increased by the Chichi earthquake. The following risks have significant impact: architects are burdened with higher civil liability than engineers; civil liability cases are more complicated; criminal cases have high conviction rates; and more liability cases are filed for private projects.
Research limitations/implications
The following phenomena are worth further examination: the influenced of collectivism on AE defendants’ behaviour; and the legal tactics of plaintiffs in civil litigation, who may file parallel criminal liability cases to increase their compensation.
Practical implications
This paper contributes to the evidence of the kinds of liability which have high legal risks in practice, thus evaluating legal costs accurately in contractual negotiation.
Originality/value
It enriches AEs’ continuing education and engineering programs by strengthening the teaching materials on legal liability risks under earthquake attack.
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Evaluates the effects of shipwrecks and peoples’ reactions following them, with regard to their feelings of preventability on someone’s part. In particular to the Erika in 1989…
Abstract
Evaluates the effects of shipwrecks and peoples’ reactions following them, with regard to their feelings of preventability on someone’s part. In particular to the Erika in 1989, and the Prestige in 2002. The European Union (EU), which theretofore seemed to be neglecting maritime safety appears to have developed a maritime culture. The EU seems to have adopted the International Maritime Organisation’s (IMO) attitude regarding safety protocols, which must be a right and proper thing to do. Concludes that shipping has needed, and is now receiving, a proactive approach with regard to safety from the EU which should limit, as far as possible, disasters of both a human and ecological kind for the maritime world.
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In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still…
Abstract
In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still be covered by the Act if she were employed on like work in succession to the man? This is the question which had to be solved in Macarthys Ltd v. Smith. Unfortunately it was not. Their Lordships interpreted the relevant section in different ways and since Article 119 of the Treaty of Rome was also subject to different interpretations, the case has been referred to the European Court of Justice.
The paper aims to outline the legal framework with regards to the civil liability of online intermediaries for users' misconduct in China, to analyze the problems in applying the…
Abstract
Purpose
The paper aims to outline the legal framework with regards to the civil liability of online intermediaries for users' misconduct in China, to analyze the problems in applying the rules related, and to introduce recent efforts from the State Council, the Supreme People's Court and legislature to combat online misconduct.
Design/methodology/approach
The paper intends to introduce these rules by studying the legislative history and several important case decisions. Comparisons with European and American approaches have also been made with regard to the self‐regulation issue.
Findings
Chinese courts have made many inconsistent decisions on the liabilities of online intermediaries in the past, but the legal framework is improving and the situation will become better given more clarifications from the Supreme People's Court. The State proactively promotes industry self‐regulation, together with public supervision in order to ensure the enforcement of rules.
Research limitations/implications
This paper gives a systematical analysis and thorough introduction to online intermediaries' liability since the first case in 1990s to the latest report, law amendment and provisions before July 2012 in China.
Originality/value
Cyberspace is an international community, thus, the worldwide harmonisation of cyber law shall be approached. An introduction of the Chinese legal framework and any latest updates from the State would be valuable for foreign policy makers and foreign online service providers to learn the Chinese situation and evaluate the Chinese internet market.
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To present qualitative data illustrating how some of the largest law enforcement agencies in the USA use risk management in their efforts to control police liability.
Abstract
Purpose
To present qualitative data illustrating how some of the largest law enforcement agencies in the USA use risk management in their efforts to control police liability.
Design/methodology/approach
To explore this topic, two main data sources were utilized: telephone interviews with 354 law enforcement agencies identified the prevalence of the use of risk management by police agencies; and survey data from police agencies provided descriptive information about the roles, duties, and placement of risk managers within each police organization.
Findings
Telephone interviews revealed that 14 of the 354 (0.039 percent) law enforcement agencies identified risk management as one of several tools they use to control police‐related liability within their organizations. This finding is surprising, given the increase in costs associated with settlements/payouts for police‐involved litigation and liability claims over the past few decades.
Research limitations/implications
Future research should identify the reasons why police agencies choose not to use risk management in their police liability management efforts. In addition, future research should explore how the characteristics of city government and/or political culture are associated with the use of risk management by law enforcement agencies.
Practical implications
This paper can serve as a basic resource for police scholars and practitioners, city/county attorneys, risk managers, and various other city/county agents that are interested in learning about risk management as a way to manage police liability.
Originality/value
This paper presents the first national study of risk management in police agencies in the USA.
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The purpose of this research is to show that companies world‐wide are being placed under increasing pressure by an onslaught of cyber risks and malware is one of the most common…
Abstract
Purpose
The purpose of this research is to show that companies world‐wide are being placed under increasing pressure by an onslaught of cyber risks and malware is one of the most common sources of security failures at present. The position in South Africa is no exception and malware presents a very real danger to corporate South Africa's information assets, resources and systems, as it has the capacity to undermine firewalls, hijack Virtual Private Networks (VPN's) and defeat digital signatures. The threats associated with malware have several salient legal issues embedded in it and these are elaborated in the paper. Unfortunately, corporate South Africa is still largely ignorant of the range of tools available to the “Darkside” and the potential legal consequences which may ensue if this cyber risk materialises. The article helps in the understanding of the problem.
Design/methodology/approach
This paper examines malware, and more specifically legal liability for malware from a South African perspective. The account contained in this contribution deals with the question whether or not a company who falls victim to a malware attack or unwillingly facilitates such an attack, may be held legally liable. This is done by giving a brief overview of the nature of the cyber risk malware, before moving on to observe the consequences which may ensue if a malware attack occurs. Corporations who fall victim to malware attacks or unwittingly facilitates such an attack may suffer: direct damage; indirect damage; and physiological damage.
Findings
It will be pointed out that malware attacks may result in legal liability in civil law for the “victim” company because of its failure to take reasonable steps to secure the information assets, resources and systems of the company.
Research limitations/implications
It will furthermore be observed that companies who unwillingly facilitate malware attacks, where for instance the company's own employee uses company resources to launch a virus attack, may be faced with legal liability in the form of vicarious liability.
Practical implications
Suggestions are made on how to avoid legal liability for failed information security.
Originality/value
No such a study has yet been undertaken in South Africa as most view the law and technology as strange and perhaps dangerous bedfellows. The study will also be of use, value and interest to the library and information community outside South Africa since it raises an issue of real significance.
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Enforcement as a concept imports compulsion to comply with a particular norm. Of course, the nature of enforcement might vary considerably with the norm in question or society…
Abstract
Enforcement as a concept imports compulsion to comply with a particular norm. Of course, the nature of enforcement might vary considerably with the norm in question or society within which action is desired. Professor Gower, in his ‘Review of Investor Protection’, expressed the view that a rule that could not be or was not enforced brought the system, within which that rule was supposed to operate, into disrepute. Whether this is true or not may be a matter for debate. Most systems of control envisage rules that in practical terms are unenforceable, but that are expected to have a normative or educational effect. Such functions, in the context of securities regulation, may be thought to be of some significance. Thus, the fact that simply because a rule cannot either in its terms or in practice be sanctioned by a predictable and determinate action intended to promote compliance, does not necessarily undermine that rule let alone the system within which it exists. To assume without more that a rule that cannot be enforced is not a legal rule, or to be precise a rule of law, while no doubt appealing enough to the positivist school of jurisprudence, is simplistic and outdated. Furthermore, in the context of the sort of economic regulation that we are discussing, whether a rule is characterised as one of law or not may or may not have significance. While there is a problem with determining the appropriate degree of interface between rules bearing differing qualities, purely in terms of achieving a defined regulatory objective it might well be that a rule which is not law in the formal sense of having been promulgated by an authority with legislative power, promotes a satisfactory degree of compliance. Therefore, many of the rules that pertained prior to the creation of the regime of regulation under the Financial Services Act 1986 were essentially non‐legal in the sense that they did not carry determinate sanctions ordained by a legal process consequent upon a violation and were not promulgated by an authority with legislative power. However, to dismiss them because they were unenforceable at law would give a very false picture of the efficacy of what was for many years a satisfactory regulatory structure. Even today, although the interrelationships of legal and non‐legal rules is very much more complex, it is still the case that significant areas of regulation have been left to non‐legal authorities.
Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis…
Abstract
Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis rather than as a monthly routine affair.