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1 – 10 of over 2000Doris Ochterbeck, Colleen M. Berryessa and Sarah Forberger
Neuroscientific research on addictions has prompted a paradigm shift from a moral to a medical understanding – with substantial implications for legal professionals’ interactions…
Abstract
Purpose
Neuroscientific research on addictions has prompted a paradigm shift from a moral to a medical understanding – with substantial implications for legal professionals’ interactions with and decision-making surrounding individuals with addiction. This study complements prior work on US defense attorney’s understandings of addiction by investigating two further perspectives: the potential “next generation” of legal professionals in the USA (criminal justice undergraduates) and legal professionals from another system (Germany). This paper aims to assess their views on the brain disease model of addiction, dominance and relevance of this model, the responsibility of affected persons and preferred sources of information.
Design/methodology/approach
Views of 74 US criminal justice undergraduate students and 74 German legal professionals were assessed using Likert scales and open-ended questions in an online survey.
Findings
Neuroscientific research findings on addictions and views that addiction is a brain disease were rated as significantly more relevant by American students to their potential future work than by German legal professionals. However, a majority of both samples agreed that addiction is a brain disease and that those affected are responsible for their condition and actions. Sources of information most frequently used by both groups were publications in legal academic journals.
Practical implications
In the USA, information for legal professionals needs to be expanded and integrated into the education of its “next generation,” while in Germany it needs to be developed and promoted. Legal academic journals appear to play a primary role in the transfer of research on addiction into legal practice.
Originality/value
This study complements prior work on US defense attorney’s understandings of addiction by investigating two further perspectives.
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Doron Goldbarsht and Katie Benson
The legal profession is vulnerable to abuse for the purposes of money laundering and terrorist financing. According to the Financial Action Task Force (FATF), that vulnerability…
Abstract
Purpose
The legal profession is vulnerable to abuse for the purposes of money laundering and terrorist financing. According to the Financial Action Task Force (FATF), that vulnerability justified updated global recommendations that urge countries to require lawyers, notaries and other independent legal professionals – including sole practitioners, partners and employed professionals within law firms – to identify, assess and manage the money laundering and terrorist financing risks associated with their services and to ensure that they have appropriate mechanisms in place to provide risk assessment information to competent authorities. Those recommendations proved contentious, with concerns raised by both legal academics and legal professional bodies about the implications of certain aspects of the requirements for the principle of lawyer–client confidentiality. Despite those concerns, many countries have introduced or amended regulatory regimes to extend their application to the legal sector to comply with the FATF’s standards. The purpose of this paper is to contribute to the debate surrounding the extension of AML/CTF obligations to the legal profession.
Design/methodology/approach
This paper considers three jurisdictions – the UK, Israel and Australia – at different stages in their journey towards compliance with the FATF’s anti-money laundering (AML) and counter-terrorist financing (CTF) standards for the legal profession. While the UK has a long-established and well-embedded AML regulatory framework for legal professionals, Australia remains non-compliant with the FATF standards. Israel occupies a position between these two ends of the spectrum: following criticism of the omission of lawyers from its AML/CTF regime, Israel implemented due diligence rules for the profession. In 2018, Israel was found to be partially compliant with the relevant FATF recommendations.
Findings
It argues that although there are challenges involved, there are also important benefits. Therefore, Australia should act to implement its proposed changes sooner rather than later. Its persistent failure to appropriately address globally recognised areas of vulnerability leaves Australia open to integrity abuse. In addition, if the government delays addressing this issue until pressure from the FATF (such as deadlines for compliance and, if necessary, a finding of non-compliance) forces it to comply, this may tarnish Australia’s reputation, threaten its access to international financial markets and adversely affect the legitimacy and effectiveness of its AML/CTF regime.
Originality/value
Originality in this context refers to the distinctiveness and uniqueness of a paper’s content and approach. In this case, the originality lies in the fact that there is no other existing paper that addresses the topic of three common-law jurisdictions at various stages of their progression towards aligning with the FATF AML/CTF standards, specifically within the context of the legal profession. Furthermore, the timeliness of this paper is underscored by the fact that multiple jurisdictions are currently deliberating their positions on the focus of this paper. This adds to its originality and relevance, as it addresses a gap in the literature while also contributing to the ongoing discourse surrounding compliance with FATF’s standards.
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This study aims to examine the multifaceted connection between perceived socially responsible human resource management (PSR-HRM), job insecurity (JI), psychological availability…
Abstract
Purpose
This study aims to examine the multifaceted connection between perceived socially responsible human resource management (PSR-HRM), job insecurity (JI), psychological availability (PA) and employee voice behavior (VB). Furthermore, it delves into the mediating roles of PA, and JI in the linkage between PSR-HRM and VB and the moderating role of PA in the connection between JI and VB.
Design/methodology/approach
The empirical data for this study were collected from a sample of 385 full-time employees in Vietnam. To analyze the data and explore the relationships among the constructs, partial least squares structural equation modeling (PLS-SEM) was used.
Findings
The study reveals positive relationships between PSR-HRM, PA and VB. Furthermore, it demonstrates that PA serves as a partial mediator in the nexus between PSR-HRM and VB, while JI similarly partially mediates this association. In addition, the research identifies a positive moderating effect of PA on the linkage between JI and VB.
Originality/value
Grounded in social exchange theory and social cognitive theory, this study uncovers significant relationships, providing nuanced insights into the intricate interplay among PSR-HRM, JI, PA and VB. It represents one of the initial investigations into the moderating influence of PA on the connection between JI and VB.
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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.
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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.
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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.
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Ethiopia has enacted laws on transparency and disclosure of information in state-owned enterprises (SOEs). However, these laws are not strict enough, with the transparency and…
Abstract
Purpose
Ethiopia has enacted laws on transparency and disclosure of information in state-owned enterprises (SOEs). However, these laws are not strict enough, with the transparency and disclosure practices disappointing in the country. Thus, this study aims to investigate the legal framework governing transparency and disclosure in SOEs.
Design/methodology/approach
This study uses doctrinal, qualitative and comparative approaches. Domestic legal texts are appraised based on the organization for economic co-operation and development Guideline on Corporate Governance of State-owned Enterprises, the World Bank Toolkit on Corporate Governance of State-owned Enterprises and best national practices. This approach has been further corroborated by qualitative analysis of the basic principles of transparency and disclosure.
Findings
The finding reveals that the laws on transparency and disclosure do not comply with global practices and are inadequate to ensure transparency and discourse in SOEs. They fail to establish appropriate disclosure frameworks and practices at the SOE and state-ownership entity levels. They also indiscriminately subject enterprises to multiple auditing functions and conflicting responsibilities.
Originality/value
To the author’s knowledge, this study is the first legal literature on transparency and disclosure in Ethiopian SOEs. This study assists the state as owner in reforming the laws and uplifting SOEs from their current unpleasant condition. It can also become a reference for future research.
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There has been an explosion of interest in “Equity, Diversity, and Inclusion” (EDI) – also referred to as DEI among other acronyms. On the one hand, this management trend has the…
Abstract
There has been an explosion of interest in “Equity, Diversity, and Inclusion” (EDI) – also referred to as DEI among other acronyms. On the one hand, this management trend has the potential to draw attention to the ways in which organizational practices and climates can be transformed to have a positive impact on the underrepresentation of women and other marginalized and excluded groups in the workplace. On the other hand, there may be real consequences for women as EDI replaces other concepts such as women's rights, gender equality, affirmative action, employment equity, gender discrimination, etc. This chapter applies a gender lens to the EDI concept and management policy and practice. It juxtaposes EDI's emergence with the lack of progress on gender equality that is observed and measured in many regions of the world and highlights several critiques that may explain this lack of progress. It also identifies what EDI policies and practices need to take into consideration to better address gender inequality in the workplace. Legal approaches are discussed along with a list of potential areas of research on EDI and gender equality to determine the best path forward for making concrete progress on true equality for women in the workplace.
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Nurulhuda Abd Rahman, Muhammad Nazmul Hoque, Muhamad Rahimi Osman and Norazam Mastuki
This paper aims to provide insight on internal Shariah audit change process in Islamic banking institution using sociology of translationin and the identification of specific…
Abstract
Purpose
This paper aims to provide insight on internal Shariah audit change process in Islamic banking institution using sociology of translationin and the identification of specific Islamic legal maxim (ILM).
Design/methodology/approach
This paper gathered findings using qualitative approach where a single case study was selected. The study began with a preliminary study to assist the selection of the case study and later two phases of interviews done at the institution selected as the case study.
Findings
This paper has provided insights into the internal Shariah audit practices change using sociology of translation that incorporated ILM as the basis to strengthen the Islamic banking operations by achieving maqasid al-Shariah (MS). The findings of this paper provide distinguished insight on internal Shariah audit change process and ILM. The significance of this study is that a new contribution through exploring the viewpoints of the perception that satisfying the minimum legal requirements of Shariah compliance may not be sufficient for proper Shariah audit in IBIs. Therefore, the existence of ILM within a change process serves as a basis for best practices to be able to achieve MS through the means (wasa’il) used in realising IBIs’ objectives.
Originality/value
The application of ILM to internal Shariah audit change process that would guide Muslim auditors to be in line with Islamic principles. This paper focuses on the application of ILM to the Shariah audit practices changes as ILM embodied ethical value to the general concept of maslahah (well-being) under MS in the period of post-COVID-19.
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Bekan Serbessa Waktola, Manjit Singh and Sandeep Singh
This study aims to examine the effect of social responsibility practices on competitive advantage. It focuses on analyzing how strategic initiatives addressing social…
Abstract
Purpose
This study aims to examine the effect of social responsibility practices on competitive advantage. It focuses on analyzing how strategic initiatives addressing social responsibility practices influence banks’ competitive advantage (CA).
Design/methodology/approach
Data were collected from 463 customers of selected commercial banks in Ethiopia. Self-administrative questionnaire was used to collect data. The study was a cross-sectional survey conducted in 2023. The study used a structural equation model to test relationships between variables.
Findings
This study’s empirical findings show that social responsibility practices positively affect CA. This suggests that banks actively engaging in social responsibility practices can boost their CA.
Research limitations/implications
The study only targeted customers as respondents and did not include other stakeholders such as employees and the community. This recommended that future research should include these stakeholders. This study relied solely on quantitative data. Future studies could consider incorporating qualitative data to complement the quantitative findings. The study’s sample was limited to Ethiopia’s banking sector. Other service sectors and manufacturing sectors will be considered in future studies to examine the relationship between social responsibility practices and CA.
Practical implications
This study provides insights for banks operating in dynamic markets by providing the strategic implications of social responsibility. Banks can strategically leverage social responsibility practices to gain an advantage in a competitive market. Banks should continuously innovate and adapt their social responsibility strategies to address evolving societal needs and emerging challenges and consider social responsibility an integral component of their strategic planning. The findings of this study can enhance managers’ understanding and enable them to better oversee their social responsibility initiatives to attain a sustainable CA.
Social implications
This study highlights businesses’ pivotal role in society beyond profit generation. The research findings emphasize the interconnectedness of business success and social responsibility. By integrating social responsibility practices into their operations, companies enhance their CA and contribute to society’s greater good. This underscores the importance of promoting a corporate culture that values social responsibility as a cornerstone of business success.
Originality/value
Empirically examining the relationship between social responsibility practices and CA contributes to the overview of the conceptual and practical base of social responsibility practices into strategic importance. The study provides insight into the importance of social responsibility practices in enhancing CA in developing country’s contexts.
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