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1 – 10 of over 3000Clémence Demay and Mathilde Krähenbühl
This paper aims to explore how the argument of “eco-reproductive” concerns was mobilized in climate change trials in Switzerland. Looking at social movements' advantages and…
Abstract
Purpose
This paper aims to explore how the argument of “eco-reproductive” concerns was mobilized in climate change trials in Switzerland. Looking at social movements' advantages and constraints when having recourse to the law, the authors interrogate why the symbolism of reproduction and kinship represented a political opportunity to defend the activists in a judicial system where judging is seen as an apolitical act.
Design/methodology/approach
This paper is grounded in legal research and research on social movements. While legal research focuses mainly on the study of legal and written sources, the authors used ethnography and conducted interviews to cross the perspectives of activists, their lawyers and judges.
Findings
In a context where positivist legal tradition remains strong, the “eco-reproductive” argument represented the advantage of being “apolitical,” thus audible in court. Used as socio-political tools, “eco-reproductive” concerns translated the activists' political claims into the legal arena. However, judges' conservative beliefs on family reinforced the depoliticization of activists' claims.
Originality/value
While research on “eco-reproductive” concerns has been significantly quantitative and exploratory, the authors look in depth at one case of application and highlight the limits of “eco-reproductive” concerns to appeal to decision-makers.
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This paper seeks to explore the challenges and transformations in healthcare resulting from building information infrastructures for patient‐centred care.
Abstract
Purpose
This paper seeks to explore the challenges and transformations in healthcare resulting from building information infrastructures for patient‐centred care.
Design/methodology/approach
Four types of information infrastructures are analysed with special attention given to the efforts and controversies related to their mobilization and to their consequences for patient‐centred care. Data are gathered through a literature review and by empirical research.
Findings
The development of information infrastructures for patient‐centred care requires mobilization of technical, legal, clinical and ethical standards as well as a change in organizational and professional boundaries. Furthermore, the mobilization of information infrastructures entails unexpected transformation in the nature of patients, professionals, health records and consultations.
Practical implications
Patient‐centred information infrastructures call for institutional innovation and decision making regarding basic structures and relationships in healthcare. At the same time, the ambitions of patient‐centred care should be broad enough to learn from the consequences of emerging infrastructures for the patient and professional identities and for the quality of care.
Originality/value
The paper contributes to the understanding of healthcare governance by conceptualizing and empirically exploring the role of information infrastructure as a formative part of patient‐centred care.
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This paper aims to explore internationalisation strategies of service firms in sectors where markets become increasingly globalised while resource environments still remain…
Abstract
Purpose
This paper aims to explore internationalisation strategies of service firms in sectors where markets become increasingly globalised while resource environments still remain distinctively shaped by national institutions.
Design/methodology/approach
A theoretical framework is proposed that suggests that the more firms expand their business activities across borders by building up offices abroad or merging with firms from other countries, the more likely they are to embrace recombinant strategies to blend elements of different societal legacies. Subsequently, a comparative case study of internationalisation strategies, governance modes and organisational forms of European and US law firms is presented to illustrate the value of the framework, followed by the analysis of a novel data set on multi‐jurisdictional qualifications of partners in these international law firms.
Findings
By virtue of their integrative organisational model and mobilisation of versatile legal competences, large pan‐European law firms are challenging the dominance of US law firms in international legal markets, while the latter in response are revising their own previous export‐oriented internationalisation strategy.
Research limitations/implications
The present study provides a starting point for further research on internationalisation in service industries.
Originality/value
The framework is useful to expand effect societal analysis to dynamic international environments.
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The purpose of this paper is to assess the issues raised by and the possible long-term significance of the judicial review obtained by the pressure group UK Uncut into HM Revenue…
Abstract
Purpose
The purpose of this paper is to assess the issues raised by and the possible long-term significance of the judicial review obtained by the pressure group UK Uncut into HM Revenue and Customs’ decision to forgive £10 m of interest payable by the investment bank, Goldman Sachs.
Design/methodology/approach
Using Lukes’ (2005) three dimensions of power as a conceptual framework, the paper compares this case with a similar case from the 1980s in order to discuss the importance of democratic oversight of the way in which public bodies discharge their duties, the extent to which this should override the principle of taxpayer confidentiality and the extent to which legal rules and procedures permit such oversight.
Findings
The comparison shows that, by permitting the review to proceed, greater weight was given to the importance of democratic oversight in the UK Uncut's case, but the rejection of both cases demonstrates that the tax authority is permitted very wide administrative discretion. However, whilst UK Uncut's challenge ultimately failed, it exposed aspects of the tax authority's relationship with large taxpayers to public gaze. This has contributed to demands for changes in the taxation system, which legislators might eventually feel forced to heed.
Originality/value
This paper reminds that any significant shift in public attitudes must always have a beginning, and that, even if the challenge fails, it might be the first tangible evidence of a demand for greater transparency in the administration of the tax system which might lead to future changes.
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Despite the preservation of “One Country, Two Systems” for 50 years under the Sino-British Joint Declaration and Basic Law, changes are palpable due to the emergence of a real…
Abstract
Purpose
Despite the preservation of “One Country, Two Systems” for 50 years under the Sino-British Joint Declaration and Basic Law, changes are palpable due to the emergence of a real contest between liberal and pro-China actors in the legal profession and the legal environment in Hong Kong. After celebrating the twentieth anniversary of Hong Kong’s sovereignty transfer from Britain to China, it is valuable to study how the sovereign power influence the rule of law in its semiautonomous city by non-legal measures. This paper aims to offer a preliminary research on China’s political economic strategy, which is regarded as the “China factor”, in the legal system of Hong Kong, and its political, economic and legal-cultural impacts on the rule of law.
Design/methodology/approach
This paper argues that China exerts its influence over the legal system of Hong Kong in four domains, including ideology, political elections, legal organization and cross-border political economy. Based on media research and content analysis over published materials of various legal associations and institutions, it is found that China attempts to consolidate its control in Hong Kong by producing alternative legal ideology and discourse of the rule of law and by co-opting the legal profession under China’s united front strategy.
Findings
While there are liberal lawyers and legal scholars vocally engaging in defense of human rights and the rule of law in Hong Kong, a network of legal profession promoting socialist and authoritarian legal values has become prominent. Hong Kong’s legal culture will continue to be shaped in accordance with authoritarian characteristics and will adversely affect developing the rule of law in this international city.
Originality/value
This paper contributes to the study of China’s influence over the legal profession of Hong Kong and in general Hong Kong’s jurisdiction by offering an example to the international community that contributes towards understanding how China adopts different strategies to expand political significance beyond its border.
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Isabelle Brault, Jean-Louis Denis and Terrence James Sullivan
Introducing change is a difficult issue facing all health care systems. The use of various clinical governance levers can facilitate change in health care systems. The purpose of…
Abstract
Purpose
Introducing change is a difficult issue facing all health care systems. The use of various clinical governance levers can facilitate change in health care systems. The purpose of this paper is to define clinical governance levers, and to illustrate their use in a large-scale transformation.
Design/methodology/approach
The empirical analysis deals with the in-depth study of a specific case, which is the organizational model for Ontario’s cancer sector. The authors used a qualitative research strategy and drew the data from three sources: semi-structured interviews, analysis of documents, and non-participative observations.
Findings
From the results, the authors identified three phases and several steps in the reform of cancer services in this province. The authors conclude that a combination of clinical governance levers was used to transform the system. These levers operated at different levels of the system to meet the targeted objectives.
Practical implications
To exercise clinical governance, managers need to acquire new competencies. Mobilizing clinical governance levers requires in-depth understanding of the role and scope of clinical governance levers.
Originality/value
This study provides a better understanding of clinical governance levers. Clinical governance levers are used to implement an organizational environment that is conducive to developing clinical practice, as well as to act directly on practices to improve quality of care.
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Hoang Vinh Hung, Rajib Shaw and Masami Kobayashi
The purpose of this paper is to investigate the reasons for an unusual over‐development of flood‐prone areas outside the river dyke in Hanoi, while analysing the urban development…
Abstract
Purpose
The purpose of this paper is to investigate the reasons for an unusual over‐development of flood‐prone areas outside the river dyke in Hanoi, while analysing the urban development and disaster management policies, and to suggest policy measures for regulating the rapid urbanization incorporating catastrophic flood risk planning.
Design/methodology/approach
Urban development and disaster management policies were analyzed and key stakeholders were interviewed to discover the effectiveness of the policies and governance tasks.
Findings
A discrepancy was identified between the goals of urban development and disaster management. The negative side of this discrepancy has been amplified by ineffective Construction Regulations and a lack of specificity with regard to Ordinances on Dyke. These factors, combined with poor coordination and lack of motivation within the city authorities in managing the Riverside Urban Areas (RUA), have contributed to the over‐development, which consists primarily of squatting and illegal construction.
Research limitations/implications
Along with a consideration of community perception of catastrophic flood risk in the RUA, which has been examined, the paper further analyses the effectiveness of related policies for catastrophic risk reduction in the RUA.
Practical implications
The paper identifies the following effective measures: build and share a knowledge base concerning catastrophic flood risk and sustainable ways of coping with the flood; be responsible and develop a commitment to manage flood‐prone areas; and develop better coordination between urban development and flood management.
Originality/value
The paper suggests new policy standards for managing the RUA development and reducing flood risks.
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Lynn Rosalina Gama Alves and William de Souza Santos
This study aims to analyze the platforming scenario at a Brazilian university as well as the data security process for students and professors.
Abstract
Purpose
This study aims to analyze the platforming scenario at a Brazilian university as well as the data security process for students and professors.
Design/methodology/approach
This research brings an analysis through a qualitative approach of the platformization process in a Brazilian teaching institution.
Findings
The results point to a lack of knowledge on the part of teachers regarding data security in the platforming scenario, as well as the lack of effectiveness of institutions in protecting student data.
Originality/value
Within the Brazilian scenario, this research seeks to contribute to the discussion on platformization in view of the gaps and existing demands on this process in the country.
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Jessika Eichler and Sumit Sonkar
The CoViD-19 pandemic has brought about a panoply of institutional challenges both domestically and in the international arena. Classical constitutional theory thereby underwent a…
Abstract
Purpose
The CoViD-19 pandemic has brought about a panoply of institutional challenges both domestically and in the international arena. Classical constitutional theory thereby underwent a reinvention by the executive for the sake of speedy policy action and to the detriment of institutional control while favouring authoritarian forms of governance. This paper concerns itself with institutional responses to such developments, placing emphasis on the role of the judiciary and people*s in contesting emergency decrees and other executive orders, especially where fundamental rights are infringed upon. The paper aims to explore the difficulties arising with exerting absolute executive powers during the health crisis, the respective role assumed by constitutional courts and the impact of the new governance paradigm on forms of public contestation, also as a means of quasi institutional control.
Design/methodology/approach
Indeed, the right to health may be translated into political discourse and become foundational to security and public interest paradigms. This may result in a shrinking public space given the constraints to the freedom of movement. In the name of public safety, the (collective) right to assembly, expression and protest have been submitted to major limitations in that regard.
Findings
Ultimately, this re-opens debates on the meaning of absolute rights and contextualities of derogations, as well as the reconcilability of civil and political rights and economic, social and cultural rights. It also exposes social inequalities, social justice dimensions and vulnerabilities, often exacerbated by the health crisis; migrant rights demonstrably face particularly severe and intersectional forms of violations.
Originality/value
Particular values lie with the interdisciplinary approach embraced in this paper; the authors draw on a variety of social sciences disciplines to shed light on this very current issue. Both theoretical and empirical methods are used and combined here, making sense of the underlying logic of virus governance and its impacts on fundamental rights.
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The goal of this article is to examine the current trends of political cinema in postcolonial Hong Kong. Many leaders of the Hong Kong mainstream cinema have accepted the Chinese…
Abstract
Purpose
The goal of this article is to examine the current trends of political cinema in postcolonial Hong Kong. Many leaders of the Hong Kong mainstream cinema have accepted the Chinese authoritarian rule as a precondition for expanding into the ever-expanding Mainland film market, but a handful of conscientious filmmakers choose to make political cinema under the shadow of a wealthy and descendant industry, expressing their desire for democracy and justice and critiquing the unequal power relations between Hong Kong and China.
Design/methodology/approach
This paper consults relevant documentary materials and cinematic texts to contextualize the latest development of political cinema in Hong Kong. It presents an in-depth analysis of the works of two local independent filmmakers Herman Yau and Vincent Chui.
Findings
This study reveals a glimpse of hope in the current films of Herman Yau and Vincent Chui, which suggests that a reconfiguration of local identity and communal relationship may turn around the collective despair caused by the oppressive measures of the Chinese authoritarian state and the end of the Umbrella Movement in late 2014.
Research limitations/implications
Despite the small sample size, this paper highlights the rise of cinematic localism through a closer look at the works of Hong Kong independent filmmakers.
Practical implications
This study reveals an ambivalent mentality in the Hong Kong film industry where critical filmmakers strive to assert their creativity and agency against the externally imposed Chinese hegemonic power.
Originality/value
This investigation is an original scholarly study of film and politics in postcolonial Hong Kong.
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