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Article
Publication date: 1 April 2004

Georgios I. Zekos

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and…

4003

Abstract

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

Details

Managerial Law, vol. 46 no. 2/3
Type: Research Article
ISSN: 0309-0558

Keywords

Open Access
Article
Publication date: 18 March 2019

Sheela Devi D. Sundarasen

This paper aims to provide empirical evidence on the extent of alteration institutional characteristics, i.e. legal origin and corruption levels, may have on the signaling…

1714

Abstract

Purpose

This paper aims to provide empirical evidence on the extent of alteration institutional characteristics, i.e. legal origin and corruption levels, may have on the signaling effects of auditors’ reputation, underwriters’ reputation and ownership retention on initial public offering (IPO) initial returns in OECD countries.

Design/methodology/approach

Cross-sectional data composed of 6,182 IPOs from 30 OECD countries are used for 2003-2012. Ordinary least square with multiple linear regressions is used to test the hypotheses.

Findings

The findings indicate that the legal framework and corruption level of a country alters the signaling effects of underwriters’ reputation, auditors’ reputation and ownership retention in an IPO environment. These three variables mitigate information asymmetry, signal firm value to potential investors and ultimately decrease IPO initial returns. This relationship is more significant in the civil law countries. Corruption levels negatively moderate the relationship in the common law and Scandinavian civil law countries but have no significance in the German and French civil law countries, indicating the importance of the signaling variables in these two civil law countries.

Originality/value

This study examines the extent of the alterations that the legal framework and the corruption levels cause to the signaling relationship between auditors’ reputation, underwriters’ reputation and ownership retention on IPO initial returns in selected OECD countries.

Details

PSU Research Review, vol. 3 no. 1
Type: Research Article
ISSN: 2399-1747

Keywords

Article
Publication date: 1 April 1999

Thomas C. Newkirk and Ira L. Brandriss

In a high‐profile case that first drew big media headlines last February, a New York brokerage firm and a ring of eight brokers on the floor of the New York Stock Exchange…

Abstract

In a high‐profile case that first drew big media headlines last February, a New York brokerage firm and a ring of eight brokers on the floor of the New York Stock Exchange were charged with perpetrating a scheme in which they made over $11.1m in illegal profits and at the same time covered their tracks with an elaborate fraud.

Details

Journal of Money Laundering Control, vol. 3 no. 2
Type: Research Article
ISSN: 1368-5201

Book part
Publication date: 4 September 2020

Torrie Hester

The Department of Homeland Security (DHS) states in 2018 that safeguarding “civil liberties is critical” to their official duties. The Office for Civil Rights and Civil

Abstract

The Department of Homeland Security (DHS) states in 2018 that safeguarding “civil liberties is critical” to their official duties. The Office for Civil Rights and Civil Liberties within DHS, as its website explains,

reviews and assesses complaints from the public in areas such as: physical or other abuse; discrimination based on race, ethnicity, national origin, religion, gender, sexual orientation, or disability; inappropriate conditions of confinement; infringements of free speech; violation of right to due process … and any other civil rights or civil liberties violation related to a Department program or activity.

My chapter tracks the centrality of deportability in shaping the civil liberties and rights that DHS is tasked with enforcing. Over the course of the twentieth century, people on US soil saw an expanding list of civil liberties and civil rights. Important scholarship concentrates on the role of the courts, state and federal governments, advocacy groups, social movements, and foreign policy driving these constitutional and cultural changes. For instance, the scholarship illustrates that coming out of World War I, the US Supreme Court ruled that the First Amendment did not protect something the Justices labeled “irresponsible speech.” The Supreme Court soon changed course, opening up an era ever since of more robust First Amendment rights. What has not been undertaken in the literature is an examination of the relationship of deportability to the sweep of civil liberties and civil rights. Starting in the second decade of the twentieth century, federal immigration policymakers began multiplying types of immigration statuses. A century later, among many others, there is the H2A status for temporary low-wage workers, the H2B for skilled labor, and permanent residents with green cards. The deportability of each status constrains access to certain liberties and rights. Thus, in 2016, when people from the Office for Civil Rights and Civil Liberties within DHS act, they are not enforcing a uniform body of rights and liberties that applies equally to citizens and immigrants, or even within the large category of immigrants. Instead, they do so within a complicated matrix of liberties and rights attenuated by deportability, which has been shaped by the history of the twentieth century.

Details

Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-83982-297-1

Keywords

Article
Publication date: 28 January 2020

Todor Kolarov

Using Bulgarian legislation on civil confiscation and analysing the nature of the substantive authority to confiscate unexplained wealth, as well as evaluating research in…

Abstract

Purpose

Using Bulgarian legislation on civil confiscation and analysing the nature of the substantive authority to confiscate unexplained wealth, as well as evaluating research in common and continental law, this paper aims to seek historic parallels for non-punitive civil confiscation of unexplained wealth.

Design/methodology/approach

The design of this paper is centred on determining whether the substantive authority of the state to confiscate unexplained wealth has a Roman law equivalent. Conducting a review of key elements of the substantive authority for the action in Bulgaria, the research examines the validity of the hypothesis that the right to confiscate has a Roman law equivalent.

Findings

The research supports the position that the substantive authority to seek civil confiscation relief in Bulgaria has its origin in the overarching principle of unjustified enrichment in Roman law. Considering needed adjustments related to the developed demarcation between public and private law in contemporary law, the action to confiscate unexplained wealth in civil proceedings in the case study jurisdiction has its equivalent in the Roman condictio furtiva.

Originality/value

This paper sheds light on the theoretical basis for civil asset confiscation of unexplained wealth in one continental law jurisdiction, thus contributing to the on-going debate on the compatibility of civil confiscation of unexplained wealth with the continental law tradition.

Details

Journal of Financial Crime, vol. 27 no. 2
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 1 April 2002

David Lusty

‘It is incorrect to view the recovery of the profits of unlawful activity as a part of the criminal justice process and, as such, justifiable only on the basis of a prior…

Abstract

‘It is incorrect to view the recovery of the profits of unlawful activity as a part of the criminal justice process and, as such, justifiable only on the basis of a prior finding of guilt according to the criminal standard of proof beyond reasonable doubt.’

Details

Journal of Money Laundering Control, vol. 5 no. 4
Type: Research Article
ISSN: 1368-5201

Article
Publication date: 1 January 2013

Frank J. Cavico, Stephen C. Muffler and Bahaudin G. Mujtaba

The article aims to provide a discussion of societal norms concerning “attractiveness,” the existence of appearance discrimination in employment, the presence of…

24153

Abstract

Purpose

The article aims to provide a discussion of societal norms concerning “attractiveness,” the existence of appearance discrimination in employment, the presence of “preferring the pretty”, and then the authors examine important civil rights laws that relate to such forms of discrimination. Finally, the authors apply ethical theories to determine whether such discrimination can be seen as moral or immoral.

Design/methodology/approach

It is a legal paper which covers all the laws related to discrimination based on look. Court cases and Americans laws related to this concept are reviewed and critically discussed.

Findings

The paper finds that appearance‐based discrimination is not illegal in the USA so long as it does not violate civil rights laws.

Research limitations/implications

This research is limited to Federal and State laws in the USA and may not be relevant in other countries as the local laws might vary.

Practical implications

Managers and employees can protect themselves in the workplace from illegal discriminatory practices.

Social implications

Employees know their rights and enhance their understanding of laws related to appearance, attractiveness, and why companies look to hire those who are considered “handsome”, “pretty” and “beautiful”.

Originality/value

This is an original and comprehensive paper by the authors.

Details

Equality, Diversity and Inclusion: An International Journal, vol. 32 no. 1
Type: Research Article
ISSN: 2040-7149

Keywords

Article
Publication date: 1 June 2004

John L. Worrall

The argument is presented that, is contrast to expectations, the Civil Asset Forfeiture Reform Act (CAFRA) of 2000 will not be responsible for significant change in the…

Abstract

The argument is presented that, is contrast to expectations, the Civil Asset Forfeiture Reform Act (CAFRA) of 2000 will not be responsible for significant change in the practice of civil asset forfeiture, that the Act is a sheep in wolf's clothing. While it has ushered in some important procedural changes, CAFRA does not address several of what critics perceive to be the most significant problems associated with civil asset forfeiture, among them are a questionable standard of proof, equitable sharing, and the so‐called “taint doctrine.” Thus, it is likely that civil asset forfeiture will continue to be a valuable law enforcement tool in the war on drugs.

Details

Policing: An International Journal of Police Strategies & Management, vol. 27 no. 2
Type: Research Article
ISSN: 1363-951X

Keywords

Article
Publication date: 27 February 2020

Sang Man Kim

North Korea joined the United Nations Convention on Contracts for the International Sale of Goods (CISG) as a 90th member on March 27, 2019, which will necessitate the…

Abstract

Purpose

North Korea joined the United Nations Convention on Contracts for the International Sale of Goods (CISG) as a 90th member on March 27, 2019, which will necessitate the understanding of North Korean laws, in particular, the contract law for sale. This paper aims to compare the CISG and the North Korean contract law as to the formation of a contract focusing on form and writing requirement, offer and acceptance.

Design/methodology/approach

This paper analyzes the provisions of the North Korean Civil Code and the CISG and reviews the previous research studies concerning the formation of a contract.

Findings

The CISG and the North Korean Civil Code are very similar in many aspects as to the formation of a contract. However, there are some discrepancies as to the formation of a contract to which the parties need to pay attention in choosing the governing law.

Practical implications

The parties need to pay attention to the differences concerning the formation of a contract between the North Korean Civil Code and the CISG in concluding a contract for sale with North Korea.

Originality/value

This paper will be the first research work, to the best of the author’s knowledge, on the comparison of the CISG and the North Korean contract law as to the formation of a contract.

Details

Journal of International Trade Law and Policy, vol. 19 no. 1
Type: Research Article
ISSN: 1477-0024

Keywords

Article
Publication date: 1 May 1998

Brian H. Kleiner

Presents a special issue, enlisting the help of the author’s students and colleagues, focusing on age, sex, colour and disability discrimination in America. Breaks the…

5304

Abstract

Presents a special issue, enlisting the help of the author’s students and colleagues, focusing on age, sex, colour and disability discrimination in America. Breaks the evidence down into manageable chunks, covering: age discrimination in the workplace; discrimination against African‐Americans; sex discrimination in the workplace; same sex sexual harassment; how to investigate and prove disability discrimination; sexual harassment in the military; when the main US job‐discrimination law applies to small companies; how to investigate and prove racial discrimination; developments concerning race discrimination in the workplace; developments concerning the Equal Pay Act; developments concerning discrimination against workers with HIV or AIDS; developments concerning discrimination based on refusal of family care leave; developments concerning discrimination against gay or lesbian employees; developments concerning discrimination based on colour; how to investigate and prove discrimination concerning based on colour; developments concerning the Equal Pay Act; using statistics in employment discrimination cases; race discrimination in the workplace; developments concerning gender discrimination in the workplace; discrimination in Japanese organizations in America; discrimination in the entertainment industry; discrimination in the utility industry; understanding and effectively managing national origin discrimination; how to investigate and prove hiring discrimination based on colour; and, finally, how to investigate sexual harassment in the workplace.

Details

Equal Opportunities International, vol. 17 no. 3/4/5
Type: Research Article
ISSN: 0261-0159

Keywords

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