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Book part
Publication date: 4 July 2019

Dmitry A. Lipinsky, Victoria V. Bolgova, Aleksandra A. Musatkina and Tatiana V. Khudoykina

The purpose of the research is to generalize the most perspective ideas of modern researchers and to form the authors’ position on the problem of the notion of legal conflict from…

Abstract

The purpose of the research is to generalize the most perspective ideas of modern researchers and to form the authors’ position on the problem of the notion of legal conflict from the point of view of its application in the practice of legal conflicts management. The methodology of the research consists of structural and functional approach that allows studying legal conflict as a complex system, each element of which performed a certain function. During formulation of the notion “legal conflict,” the formal and logical method of dieresis is used, which allows differentiating legal conflicts from other social conflicts and differentiating the notion from adjacent categories. The authors study the main directions of legal conflict in the modern science. Tendencies of development of ideas of legal conflict are determined. Conclusion on the necessity for formation of “flexible” definitions of the notion “legal conflict,” oriented at their application in the practice of conflict management, is substantiated. Criticism is applied toward the researchers that try to use the methods of conflict research for analysis of purely legal phenomena (legal collisions, gaps, arguments on competence, etc.). Definition of legal conflict is formed and it is shown how it is possible to build a system of diagnostics of legal conflict on its basis. It is concluded that definition of legal conflict always sets main directions of study of the phenomenon, due to which there are different definitions of the corresponding notion, depending on researcher’s orientation at studying the conflict or means of its solution. The key sign of legal conflict is the possibility of its regulation with legal means, which is realized by the conflict participants. It is necessary to view conflict as a space of opportunities – for participants and for legal bodies. It is necessary to form and develop a system of diagnostics of legal conflicts.

Details

“Conflict-Free” Socio-Economic Systems
Type: Book
ISBN: 978-1-78769-994-6

Keywords

Book part
Publication date: 1 July 2024

Nadezhda V. Aleksandrova, Elena V. Ivanova, Elena V. Nechaeva, Nikolai V. Ivanov and Alexey V. Karpov

This chapter explores current issues related to the professional training and activities of independent experts conducting anti-corruption expertise of regulatory legal acts and…

Abstract

This chapter explores current issues related to the professional training and activities of independent experts conducting anti-corruption expertise of regulatory legal acts and their projects. The main problem in this area is the lack of unified approaches to determining the level of competence and assessing the special professional knowledge, skills, and abilities of individuals involved in preparing conclusions based on the results of anti-corruption expertise of normative legal documents. Moreover, the stated problem remains practically relevant because certain difficulties arise not only in developing specific, empirically verified, and scientifically justified criteria for selecting independent experts and determining their activity but also in implementing the procedure for assessing the quality of conducted expertise at the federal and regional levels of governance. Over time, with the further development of the institution of anti-corruption expertise of regulatory legal acts, the demand for highly qualified independent experts will only increase. To effectively meet the growing demand for specialists of this level, it is necessary to establish a special system for their competency-oriented training and evaluation of the results of their activities. Solving this task will require making certain changes to general and special legal norms of the existing legislation, as well as further improving the practice of their application.

Details

Development of International Entrepreneurship Based on Corporate Accounting and Reporting According to IFRS
Type: Book
ISBN: 978-1-83797-666-9

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Article
Publication date: 6 August 2024

Samreen Junaid, Muhammad Ijaz Mairaj and Sanila Aslam

This study aims to investigate the digital information needs and seeking behaviour of legal practitioners practising at the Lahore High Court in the Punjab province of Pakistan.

Abstract

Purpose

This study aims to investigate the digital information needs and seeking behaviour of legal practitioners practising at the Lahore High Court in the Punjab province of Pakistan.

Design/methodology/approach

This study adopts a quantitative approach based on an e-questionnaire survey to collect data from legal practitioners following a comprehensive census. Among the 9,933 registered legal practitioners, a random sample size of 370 respondents was determined, of whom 302 responded to the survey, resulting in a response rate of 81.6%.

Findings

Legal practitioners prefer the Pakistan Law Site and law journals as primary sources of information acquisition, with a distinct inclination towards digital formats over traditional print. These resources are primarily used for court case preparation, significantly enhancing the research capabilities of legal practitioners and ensuring they remain current in their field. However, several challenges were identified, including time constraints, limited access to digital resources and inadequate availability of legal resources in digital format. These challenges emphasize the critical need for enhancing the digital infrastructure of law libraries.

Research limitations/implications

The study calls for law libraries to adopt technological advancements and underscores the necessity of improving digital infrastructure to better serve the evolving information needs of legal practitioners.

Originality/value

This study underscores the preferred information sources and formats of legal practitioners for seeking information, their purpose for using law resources and the impact of digital media on their information-seeking behaviour. In addition, this study reveals the challenges they face in seeking them.

Details

Digital Library Perspectives, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2059-5816

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Article
Publication date: 14 August 2024

Ming Gao, Qiankun Gu, Shijun He and Dongmin Kong

Does the history of the bureaucratic system, along with the establishment of the Great Wall during the Ming and Qing dynasties (1368–1911), affect firm behavior across the…

Abstract

Purpose

Does the history of the bureaucratic system, along with the establishment of the Great Wall during the Ming and Qing dynasties (1368–1911), affect firm behavior across the borderlands of the Great Wall?

Design/methodology/approach

The Ming and Qing dynasties built a centralized administrative system in the borderlands on the south side of the Great Wall, in contrast to the “feudal lordship” system on the north side. Employing a regression discontinuity analysis framework with the Great Wall as a geographical discontinuity, we examine the long-run effects of the Great Wall on firms’ earnings management.

Findings

Using a large sample of nonlisted firms in the central core frontier region, we show that the earnings management of firms in the region south of the Great Wall is significantly curtailed compared with firms in the north of it, and this effect is more pronounced for non-SOEs. Our findings are robust to a battery of tests to account for alternative explanations.

Practical implications

Overall, by emphasizing the role of institutions, like legal system, shaped in history on firms’ earnings management, this study sheds new light on institutional determinants of firms’ behaviors in earnings information disclosure.

Originality/value

First, we enrich our understanding of the institutional determinants of firms’ financial reporting outcomes. Second, our findings shed new light on the long-term effects of historical ruling styles on modern corporate behavior.

Details

Journal of Accounting Literature, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 0737-4607

Keywords

Open Access
Article
Publication date: 25 June 2024

Piotr Staszkiewicz, Jarosław Horobiowski, Anna Szelągowska and Agnieszka Maryla Strzelecka

The study aims to identify the practical borders of AI legal personality and accountability in human-centric services.

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Abstract

Purpose

The study aims to identify the practical borders of AI legal personality and accountability in human-centric services.

Design/methodology/approach

Using a framework tailored for AI studies, this research analyses structured interview data collected from auditors based in Poland.

Findings

The study identified new constructs to complement the taxonomy of arguments for AI legal personality: cognitive strain, consciousness, cyborg paradox, reasoning replicability, relativism, AI misuse, excessive human effort and substitution.

Research limitations/implications

The insights presented herein are primarily derived from the perspectives of Polish auditors. There is a need for further exploration into the viewpoints of other key stakeholders, such as lawyers, judges and policymakers, across various global contexts.

Practical implications

The findings of this study hold significant potential to guide the formulation of regulatory frameworks tailored to AI applications in human-centric services. The proposed sui generis AI personality institution offers a dynamic and adaptable alternative to conventional legal personality models.

Social implications

The outcomes of this research contribute to the ongoing public discourse on AI’s societal impact. It encourages a balanced assessment of the potential advantages and challenges associated with granting legal personality to AI systems.

Originality/value

This paper advocates for establishing a sui generis AI personality institution alongside a joint accountability model. This dual framework addresses the current uncertainties surrounding human, general AI and super AI characteristics and facilitates the joint accountability of responsible AI entities and their ultimate beneficiaries.

Details

Meditari Accountancy Research, vol. 32 no. 7
Type: Research Article
ISSN: 2049-372X

Keywords

Article
Publication date: 11 March 2014

Ashley Krenelka Chase

- This selected annotated bibliography is designed to aid any user with access to the internet in performing legal research, without requiring access to expensive legal research…

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Abstract

Purpose

- This selected annotated bibliography is designed to aid any user with access to the internet in performing legal research, without requiring access to expensive legal research databases and subscription services.

Design/methodology/approach

- These online resources are regularly referred to by those hoping to help self-represented litigants or those without access to paid legal resources.

Findings

- As traditional legal research databases, such as HeinOnline, Lexis, and Westlaw become more and more expensive, while at the same time legal services become more expensive, these free and open legal research resources are increasingly important, particularly for self-represented litigants. This selected bibliography contains resources that will be helpful to librarians in all types of libraries, from public to academic, from county law libraries to large, private law school libraries.

Originality/value

- This is an original annotated bibliography that may be valuable to those working in libraries, who are regularly asked questions about legal research or resources.

Details

Reference Reviews, vol. 28 no. 3
Type: Research Article
ISSN: 0950-4125

Keywords

Case study
Publication date: 23 July 2024

Siddharth Wadehra and Ambuj Anand

This case study exposes students to the process of decision-making given the market uncertainty, evolving shareholder expectations and other variables that executives and managers…

Abstract

Learning outcomes

This case study exposes students to the process of decision-making given the market uncertainty, evolving shareholder expectations and other variables that executives and managers must consider ensuring business continuity and growth and helps students develop an appreciation of the impact emerging technologies are having on organizational digital transformation. This case study evaluates the strategic considerations for whitespace digital solutions into existing organizational operations, balancing innovation with core operating principles; exposes the students to the drivers of fostering a culture of innovation and employee buy-in during strategic digital transformation initiatives; and evaluates and appreciates the role of key stakeholders, such as customers, employees and executive management, in shaping a successful digital transformation strategy and promoting sustained business growth.

Case overview/synopsis

Vidhii Partners, a leading Indian law firm, grapples with the burgeoning demand for legal services in a rapidly evolving market. Traditional methods may struggle to keep pace, prompting Vikram Wadehra, a partner, to champion the adoption of Generative artificial intelligence (GenAI) technology. Vidhii Partners embarks on the development of two GenAI tools: VidAI, an AI-powered chatbot designed to democratize access to legal information, and VidAI Pro, a business-to-business offering aimed at streamlining legal research and drafting. Wadehra envisions these tools not only enhancing efficiency but also fostering a culture of legal awareness and generating new business opportunities. However, crucial decisions remain. Can Vidhii Partners bridge the potential gap between innovation and the firm’s established practices? How can they effectively integrate GenAI into their operations while ensuring user trust and employee buy-in? This case study presents a rich opportunity to explore the challenges and opportunities associated with digital transformation in the legal sector. Students will grapple with themes such as navigating market uncertainty, fostering a culture of innovation within a traditional organization and developing effective strategies for stakeholder management during change initiatives. Through the lens of Vidhii Partners’ GenAI journey, students gain valuable insights into the complexities of embracing disruptive technologies within a dynamic business landscape.

Complexity academic level

This case study is designed for masters level (MBA).

Supplementary materials

Teaching notes are available for educators only.

Subject code

CSS 11: Strategy.

Details

Emerald Emerging Markets Case Studies, vol. 14 no. 3
Type: Case Study
ISSN: 2045-0621

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: 26 April 2024

Mohammad Saeed Abdallah ALsheyab

The basis for this study on electronic transferable records (ETRs) in the context of digitalizing cross-border trade is established in this chapter. It illustrates how the growing…

Abstract

Purpose

The basis for this study on electronic transferable records (ETRs) in the context of digitalizing cross-border trade is established in this chapter. It illustrates how the growing trend toward paperless trade and technological improvements is changing trade operations. This chapter focuses on the need to look into ETRs because of their capacity to influence business transactions while navigating complex legal issues. The specific goals of the study are outlined, including a review of the advantages, legality, difficulties and best practices of ETRs. This study aims to shed light on the possible advantages and disadvantages of ETRs, the legal framework that controls their use and the best practices for their efficient implementation. This study also seeks to provide informative recommendations for businesses and people that are considering using ETRs.

Design/methodology/approach

This study explores the evolving world of ETRs and their crucial function in international trade. Multidimensional technique is used to examine the transformative potential of ETRs from a variety of research angles. The research design is based on a comprehensive evaluation of the literature that includes a wide range of reliable sources, including academic papers, business reports and legal documents. The comprehensive retrieval of essential material is ensured through keyword searches in renowned academic databases and industry resources. The qualitative synthesis of secondary sources further enhances this methodology and allows for a complex examination of the implications of ETRs. The case study analysis provides practical information on the benefits, hazards and practical applications of ETRs. Multifaceted aspects are uncovered via a thematic approach and qualitative investigation, including potential advantages, hazards, implementation plans and regulatory frameworks.

Findings

ETRs offer a range of potential advantages for cross-border trade, encompassing augmented efficiency, reduced costs and heightened security. Nonetheless, their implementation also presents legal challenges and risks, spanning security and privacy concerns, legal ambiguities and technical complexities. Consequently, it is crucial for individuals and businesses to meticulously assess and mitigate these risks through the integration of robust security protocols, staying informed about legal developments and adhering to pertinent regulatory stipulations. In spite of these hurdles, the trajectory of ETR adoption is anticipated to remain on an upward trajectory, driven by increasing recognition of their potential benefits and the concurrent evolution of legal frameworks and technical standards.

Research limitations/implications

Research limitations included the following: lack of adoption of ETRs internationally; and legal diversity and different legal systems results in different consideration of the ETRs. It makes reaching a unified ETR system more difficult.

Practical implications

It is necessary to develop clear policies and procedures and establish well-defined policies and procedures governing ETR use. These should encompass security guidelines, data protection measures and adherence to legal mandates. Regular review and updates are imperative. Stay current on legal developments: In light of the continuously evolving legal and regulatory landscape pertaining to ETRs, businesses and individuals must stay abreast of pertinent changes and seek professional counsel when necessary. Collaborate with partners and stakeholders: To ensure harmonization and standardization in ETR deployment, active collaboration with partners, regulators and industry associations is vital.

Social implications

Enhance awareness and education: Investment in awareness and educational initiatives is crucial. Decision-makers should organize training programs, workshops and seminars to enhance understanding of ETRs’ potential benefits in cross-border trade among stakeholders. Socially, the use of ETR can achieve several political advantages for the society. It minimizes risks of corruption through enhancing tracing and auditing abilities for relevant authorities making it more difficult to engage in corrupt practices. That can promote integrity within government and public procurement system.

Originality/value

The development of standardized technical frameworks and interoperable platforms for ETRs could enhance their seamless integration into existing trade systems. Additionally, investigating the integration of emerging technologies like blockchain, IoT and AI into ETR ecosystems could unlock innovative solutions to security, authenticity and data management concerns. This study examines how ETRs can radically alter how trade is conducted on a global scale. This paper examines ETRs’ role in improving cross-border trade digitization by examining their advantages, legal difficulties and implementation techniques. The conclusions will aid firms, decision-makers and attorneys in navigating the constantly changing world of trade agreements. The study’s ultimate goal is to offer takeaways that support effective, secure and legally compliant integration of ETRs, ensuring that they operate as a catalyst for improved global trade efficacy and efficiency.

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: 16 May 2024

Lorenzo Bruno Prataviera and Andreas Norrman

The postponement principle concerns defining when and where value is added, usually referring to hardware components for physical products. However, in modern supply chains…

Abstract

Purpose

The postponement principle concerns defining when and where value is added, usually referring to hardware components for physical products. However, in modern supply chains, software’s importance is increasing, impacting the timing and location of value-adding operations. Lacking insights into software-driven implications for postponement, we aim at elaborating on the postponement principle by contextualizing its evolution when integrating different objects (i.e. hardware and software).

Design/methodology/approach

We adopted an abductive approach to elaborate on the existing knowledge with original empirical insights. A single-case study with four subcases allowed us to explore postponement dimensions in the context of a global high-tech enterprise offering products that integrate hardware and software objects. As global supply chains involve multiple jurisdictions with heterogeneous regulations, we also analyzed in depth the emerging fiscal and legal implications.

Findings

Besides where and when value is added, the study illustrates that deciding who (i.e. what legal entity) is carrying out what operation on what kind of object is highly important. Moreover, fiscal and legal implications for the various legal entities strongly depend on what operations are executed and in which jurisdiction (where). The study identifies critical interrelationships among postponement dimensions when integrating hardware and software objects, highlighting the importance of understanding and managing their reciprocity with the emerging fiscal and legal risks.

Originality/value

We elaborate on the postponement principle by contextualizing its applications when integrating hardware and software objects in global supply chains, which include multiple jurisdictions. By formalizing the impact of the who dimension, the study contributes to developing the interorganizational perspective for postponement. Moreover, it extends the traditional cost perspective for postponement beyond the trade-off between responsiveness and cost-efficiency, suggesting that firms applying global postponement should extend their focus to also examine fiscal and legal risks for all the legal entities involved.

Details

International Journal of Physical Distribution & Logistics Management, vol. 54 no. 4
Type: Research Article
ISSN: 0960-0035

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1 – 10 of over 106000