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1 – 10 of over 80000
Article
Publication date: 23 November 2018

Hiral Patel and Anilkumar Hanumappa

The purpose of this paper is to identify various legal issues that affect libraries in India.

Abstract

Purpose

The purpose of this paper is to identify various legal issues that affect libraries in India.

Design/methodology/approach

The method adopted in this study was to identify and analyze all cases filed in the Indian Supreme Court, High Courts and Tribunals and Commissions and reported in the Westlaw India database for the 10-year period from 2008 to 2017.

Findings

Among the identified cases that were related to libraries or library professionals, a large majority of them were issues related to service or employment such as pay scales, promotion, age of superannuation and service termination. There were very few cases related to library work, such as library access, services provided and copyright.

Research limitations/implications

The current study is based on study of cases that have been reported and mentioned in Westlaw India Legal Database and occurring during the limited period from 2008 to 2017. The implications of the study are manifold, with the main implication being the urgent need to introduce basic legal education and training to library professionals. The other implication is the need to further research in this domain due to lack of sufficient studies on the topic and enrich the library and information science (LIS) literature.

Originality/value

This study would not only help create awareness about legal issues related to libraries and library professionals but also help in understanding the main areas of litigation involving libraries and library professionals. The study also makes a case for introduction of basic legal education for LIS professionals. The paper adopts a novel research approach that can be replicated by researchers in other countries to enable international comparisons.

Details

Global Knowledge, Memory and Communication, vol. 68 no. 1/2
Type: Research Article
ISSN: 2514-9342

Keywords

Book part
Publication date: 29 August 2018

Paul A. Pautler

The Bureau of Economics in the Federal Trade Commission has a three-part role in the Agency and the strength of its functions changed over time depending on the…

Abstract

The Bureau of Economics in the Federal Trade Commission has a three-part role in the Agency and the strength of its functions changed over time depending on the preferences and ideology of the FTC’s leaders, developments in the field of economics, and the tenor of the times. The over-riding current role is to provide well considered, unbiased economic advice regarding antitrust and consumer protection law enforcement cases to the legal staff and the Commission. The second role, which long ago was primary, is to provide reports on investigations of various industries to the public and public officials. This role was more recently called research or “policy R&D”. A third role is to advocate for competition and markets both domestically and internationally. As a practical matter, the provision of economic advice to the FTC and to the legal staff has required that the economists wear “two hats,” helping the legal staff investigate cases and provide evidence to support law enforcement cases while also providing advice to the legal bureaus and to the Commission on which cases to pursue (thus providing “a second set of eyes” to evaluate cases). There is sometimes a tension in those functions because building a case is not the same as evaluating a case. Economists and the Bureau of Economics have provided such services to the FTC for over 100 years proving that a sub-organization can survive while playing roles that sometimes conflict. Such a life is not, however, always easy or fun.

Details

Healthcare Antitrust, Settlements, and the Federal Trade Commission
Type: Book
ISBN: 978-1-78756-599-9

Keywords

Article
Publication date: 1 May 2001

Bernard Beech

Staff must have an appreciation of legal and ethical issues associated with the people they care for, particularly when physical restraint to manage aggression or violence…

Abstract

Staff must have an appreciation of legal and ethical issues associated with the people they care for, particularly when physical restraint to manage aggression or violence is being considered. This article examines legal and ethical issues related to the management of aggression and violence, and considers the inclusion of this material in training courses.

Details

The Journal of Adult Protection, vol. 3 no. 2
Type: Research Article
ISSN: 1466-8203

Keywords

Book part
Publication date: 19 May 2021

Rachel Hale, Melina Stewart-North and Alistair Harkness

Disasters significantly reduce the accessibility of justice particularly in rural locations. The bushfires, which ravaged three states in the south-east of Australia in…

Abstract

Disasters significantly reduce the accessibility of justice particularly in rural locations. The bushfires, which ravaged three states in the south-east of Australia in late 2019 and early 2020, have had catastrophic social and economic impacts on people, animals and places in rural areas. In the aftermath of disasters, people by necessity must inevitably avail themselves of legal advice and services: to negotiate new business contracts; re-mortgage property; access wills and testaments; attend court; and for a host of other matters. In rural communities, where access to legal services is already limited by distance and circumstance, disasters create increased demand, and access issues are accentuated. This chapter explores access to justice issues in post-disaster context and as they relate to rural, regional and remote communities. It draws upon post-disaster experiences nationally and internationally, outlining responses to improve access to legal services past and present, identifying effective responses. It argues that rurality creates additional barriers and reduces access to justice, and that disasters exacerbate existing access issues as well as creating new challenges.

Article
Publication date: 21 March 2016

Marietjie De Beer, Marieta Van der Merwe, Liezl Ball and Ina Fourie

The purpose of this paper is to explore the challenges faced by national libraries regarding the legal deposit of electronic books, and to make recommendations for issues

1856

Abstract

Purpose

The purpose of this paper is to explore the challenges faced by national libraries regarding the legal deposit of electronic books, and to make recommendations for issues to consider – especially with regard to developing, planning and implementing.

Design/methodology/approach

Literature published from 2000 to 2014 on legal deposit of electronic publications was examined. Key databases covering library and information science were searched, and case studies, general reviews, research papers/reports and view point articles were considered.

Findings

National libraries embarking on projects on legal deposit of electronic books need to consider the collection, preservation and accessibility of the legal deposit collection. They face challenges regarding legal deposit legislation and institutional policy, legal considerations such as copyright, environmental factors, established mechanisms for deposit, information retrieval and access, preservation, human resources, financial implications and trust. Further research and continued monitoring of issues of concern and changes are required due to technological developments and the obsolescence of technology.

Practical implications

The review raises awareness of issues that need to be considered by national libraries and other repositories to manage the legal deposit of electronic books in their institutions.

Originality/value

The review can serve as a guide for nations (particularly in developing countries) to embark on the legal deposit of electronic publications, specifically electronic books.

Details

Library Hi Tech, vol. 34 no. 1
Type: Research Article
ISSN: 0737-8831

Keywords

Article
Publication date: 1 October 2001

Adrienne Muir

The aim of legal deposit is to ensure the preservation of and access to a nation’s intellectual and cultural heritage over time. There is a global trend towards extending…

1383

Abstract

The aim of legal deposit is to ensure the preservation of and access to a nation’s intellectual and cultural heritage over time. There is a global trend towards extending legal deposit to cover digital publications in order to maintain comprehensive national archives. However, including digital publications in legal deposit regulations is not enough to ensure the long‐term preservation of these publications. Indeed, there are many practical difficulties associated with the entire deposit process. Conceptsm, principles and practices that are accepted and understood in the print environment, such as publication, publisher, place of publication and edition, may have new meanings or no longer be appropriate in a networked environment. Mechanisms for identifying, selecting and depositing digital material either do not exist or are inappropriate for some kinds of digital publication. There is a great deal of work on developing digital preservation strategies; this is at an early stage. National and other deposit libraries are at the forefront of research and development in this area, often in partnership with other libraries, publishers and technology vendors. Most of this activity is of a technical nature. There is some work on developing policies and strategies for managing digital resources. However, not all management issues or users’ needs are being addressed.

Details

Journal of Documentation, vol. 57 no. 5
Type: Research Article
ISSN: 0022-0418

Keywords

Book part
Publication date: 10 February 2012

Nicky Priaulx

If law's foundational promise lies in the belief that it promotes the social good, then we need to reassess the limits of that promise. Exploring the often problematic…

Abstract

If law's foundational promise lies in the belief that it promotes the social good, then we need to reassess the limits of that promise. Exploring the often problematic translation of legal goods into social ones, the central claim is that the legal discipline has been limited by a “legal imperative” that manifests itself in an excessive focus upon law as a social tool and attitude of complacency in the face of law's limits. Seeking to displace this approach, the author argues for an attitudinal shift that expresses honesty about limits, greater social inquisitiveness and care about law's promise.

Details

Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78052-622-5

Article
Publication date: 2 July 2018

Robert Collinson, Alice Diver and Sharon McAvoy

The purpose of this paper is to present a case study of an innovative, three-module pathway designed by the Department of Law and Criminology at Edge Hill University…

Abstract

Purpose

The purpose of this paper is to present a case study of an innovative, three-module pathway designed by the Department of Law and Criminology at Edge Hill University (England) in 2014. In addition to supporting the work of its campus pro-bono law clinic, the first-two modules aim to enhance and evidence the legal skills of EHU’s undergraduate LLB students, to embed a deeper awareness of the (legal) ethics needed for sustainable legal practice (within PRME), and to highlight the increasing need for socially responsible advocates, able to defend the rights of marginalised, vulnerable clients.

Design/methodology/approach

The critical analysis of the content and scope of an innovative, work-based learning LLB module pathway, which furthers the aim of the UN Global Compact and the PRME, and ties them firmly to socio-legal issues and advocacy involving recent jurisprudence.

Findings

The case law used within the modules, and the practical work of the students in the campus law clinic, are relevant to social justice issues and to the promotion of PRME values—they promote awareness of human rights principles, highlight the importance of access to legal services and provide students with knowledge of legal ethics. Enhanced employability skills flow from this.

Research limitations/implications

This is a narrow case study but still provides a useful analysis of an innovative, PRME relevant module pathway. The model mirrors international trends in clinical legal education and also offers a template for other law schools keen to promote the concept of ethical, just legal practice.

Practical implications

The paper posits that enhanced employability can flow from real world tasks such as advocacy for marginalised or disadvantaged groups and presents an exemplar for other law schools wishing to embed ethics/clinical law practice into their curriculum.

Social implications

The paper highlights how the campus law clinic serves the public in a deprived region—it raises awareness of human rights and of social justice issues. It has the potential to feed into litigation on social welfare issues (housing, social security, child welfare, etc.).

Originality/value

The discussion of the human rights case law that is used in the Year 2 “bridging module” (which prepares students for working in the law clinic in their final year) is particularly relevant and is analysed in detail, highlighting how this module pathway is aimed at promoting PRME and UN Global Compact principles.

Details

Higher Education, Skills and Work-Based Learning, vol. 8 no. 3
Type: Research Article
ISSN: 2042-3896

Keywords

Article
Publication date: 1 October 2002

Georgios I. Zekos

Presents an updated version of a paper given by the author at an international conference in Athens 2000. Briefly outlines the development of the internet and e‐commerce…

1565

Abstract

Presents an updated version of a paper given by the author at an international conference in Athens 2000. Briefly outlines the development of the internet and e‐commerce and the effect of globalization. Considers the potential for the EU to standardize rules and advance its economic integration agenda. Looks at present EU laws in this area. Covers the unicitral model law on electronic commerce, its merits and its problems. Discusses personal jurisdiction under traditional rules and cyberspace transactions. Concludes that existing legislation must be re‐evaluated in the light of technological advances, the need for a more mobile kind of legal person and the worldwide nature of transactions across territorial boundaries, paperless contracts and digital signatures and the use of self‐regulation are also covered.

Details

Managerial Law, vol. 44 no. 5
Type: Research Article
ISSN: 0309-0558

Keywords

Article
Publication date: 26 August 2021

Jan Winczorek

The links between moral communication and legal communication have long been studied in sociology of law. Little has yet been said about moral communication invoking when…

Abstract

Purpose

The links between moral communication and legal communication have long been studied in sociology of law. Little has yet been said about moral communication invoking when communication in the legal system is impossible, ineffective or uncertain. The paper fills this gap to demonstrate that systems theory-based sociology of law can effectively recognise the role of moral communication in such situations.

Design/methodology/approach

The paper presents an empirical study of moral communication in small and medium-sized enterprises (SMEs). It focused on situations when SMEs' interactions with function systems, particularly the legal system, result in irremovable legal uncertainty. The data depict strategies of managing such uncertainty and were obtained in a paths-to-justice survey of 7,292 owners and managers of SMEs and 101 in-depth interviews. The findings are interpreted using the author's concept of “uncertainty translation”, rooted in Luhmann's systems theory. It suggests that business organisations such as SMEs deal with the ubiquitous uncertainty in their operations by translating it into a convenient type.

Findings

The study distinguishes between formative and absorbing moral communication and finds that both types play a role in steering the uncertainty translation mechanism in SMEs. Six scenarios of invoking moral communication are identified in SMEs dealing with legal uncertainty. In such scenarios, moral communication facilitates the translation of business uncertainty “away from law”. Under some circumstances, this, in turn, leads to latent systematic results, reflexively affecting the legal system, the economic system and the SMEs.

Research limitations/implications

In its core argument, the study is based on qualitative material. While it identifies empirical scenarios of invoking moral communication, it does not report the prevalence of these scenarios due to methodological limitations.

Originality/value

The study results pose questions related to the staple theoretical issue in post-Luhmannian social systems theory: functional differentiation. If moral communication–a type of communication not linked to any social system–can produce far-reaching, systematic results that affect function systems, then the functional differentiation thesis should be less pronounced than Luhmann typically stressed. This said, the paper argues that the contradiction between the findings and Luhmannian theory of morality is only apparent and may be reconciled.

Details

Kybernetes, vol. 51 no. 5
Type: Research Article
ISSN: 0368-492X

Keywords

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