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1 – 10 of over 4000Ana María Zorrilla Noriega and Marco Sánchez Arias
The paper enriches the understanding of the principal challenges faced in future lawyers' education in Mexico considering global trends, particularly from the perspective of…
Abstract
Purpose
The paper enriches the understanding of the principal challenges faced in future lawyers' education in Mexico considering global trends, particularly from the perspective of skills creation in diverse areas of legal practice.
Design/methodology/approach
The framework used draws on trends identified within an international collaborative research study in which both authors participated, titled “Developing a Blueprint for Global Legal Education”. This current paper stems from the premise that these recommendations can be further developed and better utilised if explored within a specific context. The methodology designed for this research consisted of two main components: a thorough analysis of the norms that regulate the education system and the professional practice in Mexico, and an extensive literature review that provided insights into the state of global trends in legal education.
Findings
This paper reveals that in Mexico having a well-designed and comprehensive legal framework is the first step to promote the creation of high-quality educational models.
Practical implications
The study analyses the current situation in Mexico within four global trends: (1) regulation of legal education and access to the profession; (2) building professional practice skills; (3) internationalisation of education and (4) incorporation of technology and responsible innovation.
Originality/value
The reflections are intended to promote better training of law students in the skills required to face the various challenges that the legal profession currently involves. This is under an approach that analyses global challenges and identifies the best practices to connect learning processes with in-demand professional skills.
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This study is carried out to evaluate how well legal knowledge can be demonstrated by a built environment professional via the scenario-based approach to the learning of law…
Abstract
Purpose
This study is carried out to evaluate how well legal knowledge can be demonstrated by a built environment professional via the scenario-based approach to the learning of law modules.
Design/methodology/approach
A Delphi analysis of the advice provided by an MSC quantity surveying student, on a scenario-based legal problem arising due to a property contract, is carried out. The tendered legal advice was submitted as part of the assessment requirements for an MSc law module, following the university criteria, after the teaching of a law module. The student report, which attained an A-grade, and the assessment criteria used for marking/grading by the university were subsequently sent to 18 practicing lawyers, who were selected to constitute an expert panel, to independently judge the extent of legal knowledge demonstrated in the student report.
Findings
The Delphi analysis outcome showed that the expert panel holds a similar consensus view to the university on the level of legal knowledge demonstrated and by extension the effectiveness of the law module in imparting legal knowledge to a non-lawyer. The study outcome shows how well legal knowledge can be acquired and applied by a non-lawyer, within the context of the built environment, via scenario-based teaching of a law module.
Originality/value
This study serves as a preliminary step necessary to arouse further research toward empirically profiling the current outlook of a wider range of graduating students receiving scenario-based legal education in the built environment.
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The aim of the present study is to shed light on the role of legal practitioners, namely, lawyers and notaries, in the fight against money laundering: Are they considered as…
Abstract
Purpose
The aim of the present study is to shed light on the role of legal practitioners, namely, lawyers and notaries, in the fight against money laundering: Are they considered as facilitators or obstacles against money laundering? How does the global and the EU legal framework deal with the legal professionals?
Design/methodology/approach
The research follows a deductive approach attempting to respond to questions such as: How do the lawyers’ and notaries’ societies react in front of the anti-money laundering measures that concern them and why? What are the discrepancies between the lawyers’ professional secrecy and the obligations that EU anti-money laundering legislation assigns them?
Findings
This study disclosures the response of the European union and international legal and regulatory framework as well as the reflexes of the international and European legal professionals’ associations to this danger. It also demonstrates the reaction of lawyers against European union anti-money laundering legislation, to the point that it limits not only the confidentiality principle but also the position of the European judicial systems to the contradiction between this principle and the lawyers’ obligation to report their suspicions to the authorities.
Research limitations/implications
To fulfil the study goals, it was necessary to overcome some obstacles, like the limitation of existing sources. Indeed, transnational empirical research considering the professionals who facilitate money laundering is narrow. Besides, policymakers and academics only recently expressed more interest in money laundering and its facilitators.
Originality/value
This paper fulfils an identified need to study the legal professionals’ role not only in money laundering practices but also in anti-money laundering policies.
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Doris 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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The purpose of this paper is to provide a literature review on what is known about unpaid family carers who are at risk of or have experienced abuse from the people they provide…
Abstract
Purpose
The purpose of this paper is to provide a literature review on what is known about unpaid family carers who are at risk of or have experienced abuse from the people they provide care for and relevant policy/legal and practice responses for affected family carers.
Design/methodology/approach
A literature search was carried out to locate literature relating to unpaid family carers who are at risk of or have experienced abuse from the people they provide care for. This also incorporated grey literature, including policy guidance and law, to determine the existing knowledge base, gaps in practice and areas that might require further research.
Findings
The findings suggest that although carer harm is serious, it is under-researched. In addition, the unique needs of unpaid family carers who are at risk of or have experienced abuse, violence and harm from the people they provide care for are subsumed in safeguarding policy/law processes and practice under the auspices of the protection of “adults at risk” rather than the protection of “carers at risk”.
Research limitations/implications
It is important that those who support unpaid family carers who are at risk of abuse and harm know about their unique safeguarding needs and concerns to offer appropriate support. It is also apparent that policy and law need to address the gap in provision relating to the unique safeguarding concerns involving the abuse of unpaid family carers by the people they provide care for. This paper is based on this literature review and not on other types of research.
Originality/value
The paper provides insights into what is known about the abuse of unpaid family carers by the people they provide care for, and the policy/legal and practice responses to affected unpaid family carers. It contributes to the body of knowledge on carer abuse and safeguarding carers from abuse and harm.
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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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Heidi M. Baumann and Tanya M. Marcum
As a result of COVID-19 and associated stay-at-home orders, the number of employees working remotely reached unprecedented levels during early periods of the pandemic. Since that…
Abstract
Purpose
As a result of COVID-19 and associated stay-at-home orders, the number of employees working remotely reached unprecedented levels during early periods of the pandemic. Since that time, some employees have returned to the office; yet, there is a lasting impact on employees’ desires for remote work. In response, decision-makers in organizations should be equipped with knowledge regarding what makes remote work beneficial for both employees and the organization and also fair and compliant with the law. This paper aims to take a dual perspective spanning human capital and legal aspects of remote work to offer six practical recommendations to organizations.
Design/methodology/approach
This paper reviews the human resources (HR) scholarly literature on remote work, using principles from evidence-based management to select valid and reliable findings in which to base practical recommendations for organizations. Associated legal risks are identified through a review of the legal literature on remote work and integrated into the recommendations.
Findings
Building on a multilevel model of HR practices, the authors offer the following six practical recommendations to organizations: offer hybrid work and both location and schedule flexibility; ensure fair and compliant work schedules; acknowledge manager perceptions; ensure fair approval and evaluation of remote workers; acknowledge individual workers; and align remote work practices with diversity, equity and inclusion efforts.
Originality/value
The multilevel model of remote work practices discussed in this paper offers an organizing framework for identifying advantages and disadvantages of remote work that future research may build upon. The six recommendations help bridge the research–practice gap by providing organizations with knowledge on how to maximize the benefits of remote work while mitigating potential legal risks.
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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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