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Article
Publication date: 1 March 2000

Martin S. Kenney and Elizabeth O'Brien

The answer to this rhetorical question is not something that is immediately apparent in the majority of cases, the intent of the settlor being the determining, if not only…

Abstract

The answer to this rhetorical question is not something that is immediately apparent in the majority of cases, the intent of the settlor being the determining, if not only, factor. The determination of whether a trust is being used as a cloak for fraud or abuse, or is a sham, will be aided by reference to the doctrine of substance over form. Where a trust has but the appearance of legal effectiveness (and where the settlor either reserves the power to direct the trustee, or where such power is conferred upon the beneficiaries, such that the settlement is not intended to have any legal effect), the trust may be described as a bare trust. The essential characteristics of a bare trust are that either the settlor or the beneficiary has real, dispositive control over capital and interest (such that the whole of the equitable ownership of the trust property remains in the settlor), notwithstanding the existence of a trust instrument designating a trustee and beneficiary.

Details

Journal of Financial Crime, vol. 8 no. 1
Type: Research Article
ISSN: 1359-0790

Book part
Publication date: 19 December 2017

Aliya Hamid Rao

Highly educated and skilled contract workers come from a range of occupations, have different worker characteristics, and work under organizational practices that are precarious…

Abstract

Highly educated and skilled contract workers come from a range of occupations, have different worker characteristics, and work under organizational practices that are precarious in varied ways. Our current understanding of the experience of contract work does not fully encompass this diversity. This chapter focuses on early-career contract workers who contract across national borders – an increasingly prevalent but little understood phenomenon – to broaden our understanding of contract work. I draw on an analysis of 38 in-depth, semi-structured interviews with 30 international and early-career contract workers in the United Nations (UN) system in Geneva, Switzerland. Eight participants were included in follow-up interviews. I find that my participants demonstrate flexibility to their employer. They accept uncertain and short-term contracts, because they hope to secure longer-term positions within the prestigious UN system. Demonstrating flexibility impacts them, their relationships, and has financial implications as participants center the demands of their contracts. At times, participants place limits on how much uncertainty they will bear. This chapter thus illuminates the experiences of an understudied group of contract workers – early-career workers in transnational settings – who fall within the broad umbrella of contract workers. It highlights how even elite workers experience challenges as they engage in contract work.

Article
Publication date: 1 April 1998

Martin S. Kenney

People seek to accumulate, maintain and protect wealth. The trust relation is among the most popular and flexible legal models available in furtherance of these ends, particularly…

Abstract

People seek to accumulate, maintain and protect wealth. The trust relation is among the most popular and flexible legal models available in furtherance of these ends, particularly in the offshore world.

Details

Journal of Financial Crime, vol. 6 no. 2
Type: Research Article
ISSN: 1359-0790

Article
Publication date: 1 April 2000

In preparing this report, the compliance sub‐group has set out to (a) summarise the current compliance regime as a matter of law and practice, (b) identify particular problem…

208

Abstract

In preparing this report, the compliance sub‐group has set out to (a) summarise the current compliance regime as a matter of law and practice, (b) identify particular problem areas within that regime concerning public sector officials (PSOs), and (c) suggest recommendations for change. The result may be seen as providing features of a ‘model’ compliance structure designed to cause difficulties for corrupt PSOs seeking to launder the proceeds of their corruption; UK law and practice has formed the springboard for the model, but it should be stressed that in order to be of any utility any suggested changes would have to be adopted (effectively) universally throughout the financial world. Piecemeal adoption by one or a few states would merely be likely to drive the tainted monies elsewhere, and would not serve the desired purpose of reducing the extent/profitability of corruption.

Details

Journal of Money Laundering Control, vol. 4 no. 2
Type: Research Article
ISSN: 1368-5201

Article
Publication date: 1 April 1999

Martin S. Kenney

Although people talk of a new world order and the globalisation of market economies, the problem presented by serious fraud has, until recently, been left largely to be addressed…

Abstract

Although people talk of a new world order and the globalisation of market economies, the problem presented by serious fraud has, until recently, been left largely to be addressed by countries independently, despite the fact that much of the problem is global in scope and breadth. The response to fraud has been largely fragmented and reactive — with countries initiating change as they intuitively perceive the threat posed by fraud, primarily to their economy but also to national integrity, public confidence and in some cases to national security. As individual governments have moved to tackle the problem presented by fraud within the confines of their own boundaries, the experienced fraudster has recognised the need for expansion beyond these boundaries. This need for geographical expansion coupled with the innate adaptability of the experienced white‐collar criminal has resulted in the increased internationalisation of white‐collar crime. The proliferation of legally protected bank secrecy laws has reinforced this motive to be nomadic — to fragment both primary and secondary criminal conduct across international boundaries. In response to this new and expanded threat, countries and organisations have come together in an attempt to address the issue, and in some cases have undertaken significant efforts of international and regional cooperation to control globalised fraud.

Details

Journal of Financial Crime, vol. 7 no. 2
Type: Research Article
ISSN: 1359-0790

Article
Publication date: 1 November 2006

Rusdy Hartungi

To provide philosophical discussions of various works, thinking of globalisations and new thoughts on how the developing countries might take benefit of globalisation.

34534

Abstract

Purpose

To provide philosophical discussions of various works, thinking of globalisations and new thoughts on how the developing countries might take benefit of globalisation.

Design/methodology/approach

A wide range of published works, which contain the recent thoughts and debates of the globalisation to developing nations are reviewed, analysed and then critiqued. The authors take some case study examples and evidence from developing worlds, most notably in Indonesia.

Findings

At present, the impact of globalisation will benefit mostly to industrialised countries or MNC's operating in developing countries. Globalisation will bring prosperity to developing world only if industrialised countries and MNC's are willing to adopt a code of conduct, which permits their profit motives to be harmonised with the self‐reliant interest of developing nations. The global rule must be changed in favour of developing countries.

Research limitations/implications

Globalisation is a very wide issue. This paper only highlights issues related to trade, labour, intellectual property and environment. Not many developing and industrialised countries are taken as case example. Thus, there are still a lot of further research needed to prove its usefulness.

Practical implications

Provide a useful source to the global players like industrialised countries, MNC's. It highlights how industrialised countries might contribute to assist developing countries to catch up in line with globalisation. Also useful to MNC's CEO wants to increase their corporate social responsibility.

Originality/value

Provide new taught and suggestion to developing countries, MNC's and industrialised countries. Some evidence, arguments and recommendations have not been discussed in the globalisation debate.

Details

International Journal of Social Economics, vol. 33 no. 11
Type: Research Article
ISSN: 0306-8293

Keywords

Book part
Publication date: 11 October 1995

Sarah Ann Long

Abstract

Details

Advances in Librarianship
Type: Book
ISBN: 978-1-84950-881-0

Article
Publication date: 6 April 2021

Aileen O’Reilly, Alanna Donnelly, Jennifer Rogers, Olive Maloney, Gillian O’Brien and Elizabeth Doyle

Measuring parent satisfaction is regarded as essential but there is a paucity of research reporting on parental satisfaction with community youth mental health services. This…

Abstract

Purpose

Measuring parent satisfaction is regarded as essential but there is a paucity of research reporting on parental satisfaction with community youth mental health services. This study aims to examine parent satisfaction with Jigsaw – a primary care youth mental health service.

Design/methodology/approach

A measure of parent satisfaction was developed and administered to parents in 12 Jigsaw services over a two-year period (n = 510, age range: 28 to 70 years) when young people and parents were ending their engagement with these services.

Findings

Overall, parents had high levels of satisfaction with Jigsaw and their level of satisfaction did not vary depending on the parent or young person’s age and/or gender. Examination of qualitative feedback revealed three overarching themes relating to growth and change in young people, parents and their families; strengths of the service and; suggestions for future service development. Analysis of the psychometric properties of the measure provided evidence for a two-factor structure examining satisfaction with the intervention and outcomes and service accessibility and facilities.

Originality/value

This study represents one of the first efforts to measure parent satisfaction with primary care youth mental health services. It has resulted in the development of a brief measure that can be more widely administered to parents engaging with primary care youth mental health services.

Details

Mental Health Review Journal, vol. 26 no. 3
Type: Research Article
ISSN: 1361-9322

Keywords

Article
Publication date: 17 November 2021

Jordan Paul Emont, Seipua O’Brien, Vili Nosa, Elizabeth Terry Toll and Roberta Goldman

It is predicted that increasing numbers of citizens of the Pacific Island nation of Tuvalu will migrate to New Zealand in the coming decades due to the threat of climate change…

Abstract

Purpose

It is predicted that increasing numbers of citizens of the Pacific Island nation of Tuvalu will migrate to New Zealand in the coming decades due to the threat of climate change. Tuvaluans currently living in New Zealand face disparities in income, education and health. This study aims to understand the views of recent Tuvaluan immigrants to Auckland, New Zealand on health behaviors, health care and immigration.

Design/methodology/approach

The authors conducted semi-structured interviews, key informant interviews and participant observation using a focused ethnography methodology.

Findings

Participants explained that Tuvaluans in New Zealand do not fully use primary care services, have a poorer diet and physical activity compared to those living in Tuvalu, and struggle to maintain well-paying, full-time employment.

Practical implications

As Tuvaluan immigration to New Zealand continues, it will be important to educate the Tuvaluan community about the role of primary health-care services and healthy behaviors, facilitate the current process of immigration and provide job training to recent immigrants to improve their opportunities for full-time employment and ensure cultural survival in the face of the threat of climate change.

Originality/value

This paper contributes to a greater understanding of the challenges to be faced by Tuvaluan environmental migrants in the future and features a high proportion of study participants who migrated due to climate change.

Details

International Journal of Migration, Health and Social Care, vol. 17 no. 4
Type: Research Article
ISSN: 1747-9894

Keywords

Book part
Publication date: 8 February 2016

Susan Frelich Appleton and Susan Ekberg Stiritz

This paper explores four works of contemporary fiction to illuminate formal and informal regulation of sex. The paper’s co-authors frame analysis with the story of their creation…

Abstract

This paper explores four works of contemporary fiction to illuminate formal and informal regulation of sex. The paper’s co-authors frame analysis with the story of their creation of a transdisciplinary course, entitled “Regulating Sex: Historical and Cultural Encounters,” in which students mined literature for social critique, became immersed in the study of law and its limits, and developed increased sensitivity to power, its uses, and abuses. The paper demonstrates the value theoretically and pedagogically of third-wave feminisms, wild zones, and contact zones as analytic constructs and contends that including sex and sexualities in conversations transforms personal experience, education, society, and culture, including law.

Details

Special Issue: Feminist Legal Theory
Type: Book
ISBN: 978-1-78560-782-0

Keywords

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