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1 – 10 of 415Those seeking a new place to live – especially in the private rented sector – now head online to do so. The platforms they use and adverts they see are an important source of…
Abstract
Purpose
Those seeking a new place to live – especially in the private rented sector – now head online to do so. The platforms they use and adverts they see are an important source of information about the properties they will occupy and how their owners’ seek to project them. This paper aims to argue for the importance of property adverts as a source of data, using “property guardianship” to illustrate the value in the approach.
Design/methodology/approach
The study draws on an analysis of 503 advertisements published on SpareRoom.co.uk – a leading property search engine – in July 2018.
Findings
The authors put forward four key areas of findings. The first two look at legal understanding, dealing with the context, the advertisement provides for eventual occupation (the “process of construction”) and any indications they provide of legal elements of occupation (“diagnostics”). The final two deal with the broader positioning of the sector, analysing the practice of excluding prospective occupiers, such as the widespread inclusion of “no Department of Social Security” seen elsewhere in the private rented sector, and how the adverts project a certain lifestyle to their viewer.
Research limitations/implications
The findings demonstrate that further research into property advertisements would be valuable, particularly into other sub-markets in the private-rented sector, such as student accommodation and “professional” lets.
Originality/value
This study is the only analysis of property guardian advertisements and the first dedicated study of private rented sector advertisements in the UK.
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Martina Kirsten Schmidt, Nicole Forbes Stowell, Carl Pacini and Gary Patterson
The purpose of this paper is to discuss financial fraud and exploitation against seniors relating to wills, trusts and guardianship. The paper describes how this fraud affects its…
Abstract
Purpose
The purpose of this paper is to discuss financial fraud and exploitation against seniors relating to wills, trusts and guardianship. The paper describes how this fraud affects its victims, points out red flags and makes recommendations that may help control this pervasive type of fraud.
Design/methodology/approach
Information from a range of different sources, such as journal publications, law textbooks, law enforcement websites and estate planning cases are used as a basis to provide information about how fraudsters are committing this type of fraud, which red flags to watch out for and how to prevent this fraud from occurring.
Findings
Fraud relating to wills, trusts and guardianship is oftentimes difficult to detect and continues to be a grave threat to its victims. While this fraud will likely never be eradicated, specific efforts have been put into place to track financial exploitation. Further steps presented in this paper can be deployed to help rein in these fraud schemes.
Practical implications
The paper provides useful information about frauds related to wills, trusts and guardianship for stakeholders. This includes, but is not limited to, anyone whose work is related to seniors, such as accountants, lawyers, regulators, bankers, financial planners, law enforcement personnel, academics, medical professionals, caregivers, family members and ethicists. These stakeholders can use this information to help combat this fraud and prevent not only financial losses of seniors but physical harm as well.
Social implications
Decreasing financial exploitation of seniors will not only improve their financial position and may reduce their reliance on Medicaid but will also improve their mental and physical well-being and save lives.
Originality/value
Research in the area of maltreatment and exploitation of older adults is still in its early stages, as knowledge of effective prevention, intervention and remediation practices are limited. This paper adds to the research in this arena by drawing on a unique set of resources that shed light on financial fraud commonly committed against seniors. This study also makes much needed recommendations that are aimed to prevent this threat related to wills, trusts and guardianship.
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Abdullah Oguz, Nikhil Mehta and Prashant Palvia
This study aims to develop a unified theoretical framework that presents a cohesive picture of workplace cyberbullying to better understand the interplay between cyberbullying…
Abstract
Purpose
This study aims to develop a unified theoretical framework that presents a cohesive picture of workplace cyberbullying to better understand the interplay between cyberbullying, its effects on organizations and organizational controls enacted to contain these effects.
Design/methodology/approach
The study conducts a theoretical review of the workplace cyberbullying literature between 2005 and 2021 drawing upon existing literature and two important theories, the routine activities theory and control theory. The final sample of 54 empirical papers represents a comprehensive body of literature on cyberbullying published across various disciplines.
Findings
A theoretical model of workplace cyberbullying is developed, which highlights major antecedents to workplace cyberbullying and its impact on individual employees as well as organizations.
Originality/value
As firms increasingly rely on information and communication technologies (ICTs), the misuse of ICTs in the form of cyberbullying is also increasing. Workplace cyberbullying severely hurts an organization’s employees and compromises the efficacy of its information systems. Fortunately, various controls can be utilized by firms to minimize workplace cyberbullying and its attendant costs. In all, eleven propositions are offered, providing a robust agenda for future research. The authors also offer insights for practitioners on how to minimize cyberbullying in the workplace and its damaging effects.
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Fabio Ramazzini Bechara and Gabriel Monti Manzano
This paper aims to answer three questions: Is the presumption of innocence principle in risk? How to balance it with the burden and standard of proof? Does the asset civil…
Abstract
Purpose
This paper aims to answer three questions: Is the presumption of innocence principle in risk? How to balance it with the burden and standard of proof? Does the asset civil forfeiture procedure imply a criminal charge? These are the main constitutional issues that have hampered the processing of, and consensus regarding, the regulation of the asset civil forfeiture in Brazil, the subject of bill 5681/2013 of the Chamber of Deputies and bill 255/2015 of the Federal Senate. The hypothesis is that the property or the possession of illegal assets implies a violation of the Brazilian Federal Constitution, which presumes good faith and non-abused use to be legitimated. This study intends to enrich this discussion with the current American debate, its main lessons and concerns to individual procedural safeguards.
Design/methodology/approach
There are some questions that should be addressed: Is the presumption of innocence principle in risk? How to balance it with the burden and standard of proof? Does the asset civil forfeiture procedure imply a criminal charge? Thus, this paper aims to discuss these questions, which are the main constitutional issues that have hampered the processing of, and consensus regarding, the regulation of the asset civil forfeiture in Brazil, the subject of bill 5681/2013 of the Chamber of Deputies and bill 255/2015 of the Federal Senate. The hypothesis is that the property or the possession of illegal assets implies a violation of the Brazilian Federal Constitution, which presumes good faith and non-abused use to be legitimated. This study intends to enrich this analysis with the current American debate about asset civil forfeiture provisions, its main lessons and concerns to individual procedural safeguards.
Findings
This paper focused on answering three questions: Is the presumption of innocence principle in risk? How to balance it with the burden and standard of proof? Does the asset civil forfeiture procedure imply a criminal charge? The authors sustained the constitutionality of the asset civil forfeiture from a Brazilian perspective, based on three main arguments: First, asset civil forfeiture is based on the non-abused use of property rights constitutional provision. Second, asset civil forfeiture does not imply on or presume a criminal charge. Finally, asset civil forfeiture is not based on the same standard of proof as a criminal proceeding.
Originality/value
The value of this paper is based on its current debate, the regulation of the asset civil forfeiture in Brazil, which is subject of bill 5681/2013 of the Chamber of Deputies and bill 255/2015 of the Federal Senate. The hypothesis is that the property or the possession of illegal assets implies a violation of the Brazilian Federal Constitution, which presumes good faith and non-abused use to be legitimated.
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Natalie Drew, Michelle Funk, Caroline Kim, Crick Lund, Alan J. Flisher, Akwasi Osei, Sheila Ndyanabangi, Joshua Ssebunnya and John Mayaye
The purpose of this paper is to provide detailed assessments of the mental health laws of Ghana, South Africa, Uganda and Zambia.
Abstract
Purpose
The purpose of this paper is to provide detailed assessments of the mental health laws of Ghana, South Africa, Uganda and Zambia.
Design/methodology/approach
The mental health laws of four countries were assessed both by country partners and staff of WHO, Geneva, using the World Health Organization (WHO) Checklist on Mental Health Legislation, which examines the level of coverage of key issues in mental health laws.
Findings
The older laws of Ghana, Uganda and Zambia do not address fundamental human rights of people with mental health conditions. South Africa's more recent Mental Health Care Act (2002) incorporates critical human rights standards, though certain provisions fail to adequately safeguard against potential violations. For mental health legislation to maintain currency with human rights standards it must be regularly reviewed and updated.
Originality/value
The findings highlight the urgent need to revise the mental health laws of Zambia, Uganda and Ghana, and to plan ways to address the gaps identified in the relatively new South African mental health law. The entry into force of the United Nations Convention on the Rights of Persons with Disabilities in 2008 signals a new era in how mental health legislation is to be drafted. The identification of gaps in national laws, as has been undertaken by the four countries, is an important first step towards putting in place legal frameworks to promote the rights of people with mental health conditions in line with current international human rights standards.
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The purpose of this paper is to investigate “image management” as an important element within the concept to the Crime prevention through environmental design (CPTED). Globally…
Abstract
Purpose
The purpose of this paper is to investigate “image management” as an important element within the concept to the Crime prevention through environmental design (CPTED). Globally, guidance tends to focus on promoting surveillance and few studies have explored how vacant poorly maintained housing might affect perceptions of crime and CPTED.
Design/methodology/approach
This paper contrasts the perceptions of 168 members of the public and 12 built environment professionals with regards to a detached property in Perth, Western Australia. Using two photographs to elicit responses (one poorly maintained and one well-maintained) respondents were asked about their perceptions of crime, and the extent to which CPTED features were perceived to be present. These results are contrasted with a site audit of the CPTED qualities visible in both images.
Findings
The CPTED audit recorded significantly higher scores for the well-maintained property than for the poorly maintained dwelling. Most respondents indicated they felt less safe, perceived more crime and lower levels of CPTED in relation to the poorly maintained house. The findings provide support that there is a link between poorly maintained housing and the perceptions of CPTED, crime and the fear of crime.
Originality/value
This innovative study utilised two photographic images of the same property to probe “image management”, perceptions of crime and CPTED qualities. It highlights the need to consider these issues throughout the different stages of the development process and presents idea of the “cradle to the grave” life-cycle of criminal opportunities.
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Inheritance practice and rules are important keys to understanding the property rights of any rural society. This is especially true for Swedish rural society, traditionally…
Abstract
Inheritance practice and rules are important keys to understanding the property rights of any rural society. This is especially true for Swedish rural society, traditionally predominated by freeholders. Freeholders, unlike tenants, owned their own farms. This means among other things that their children had the right of inheritance to the landed property.
Abuse and misuse of Substitute Decision-Making (SDMg) authority impacts the lives of children and adults with decision-making disabilities. The concerns raised in this paper…
Abstract
Abuse and misuse of Substitute Decision-Making (SDMg) authority impacts the lives of children and adults with decision-making disabilities. The concerns raised in this paper amplify previous attention addressed by advocacy agencies and law reformists such as the Law Commission of Ontario. I analyse problems associated with Plenary Guardianship from both the lived experience of the non-guardian perspective and from the authority bestowed to the Guardian pursuant to the Guardianship and Administration Act 1990 of Western Australia legitimating the unintended capacity to abuse one’s substitute decision-making authority. Substitute decision-making arrangements enable decisions to be made on behalf of a person with a decision-making disability; usually made when such arrangements are necessary and subject to safeguards. Detrimentally, the substitute decision-maker (SDM) can assert broader powers beyond sensible measures that include thwarting investigations undertaken by family members; removing family members from the life of the person for whom an order is made; inappropriately applying a paternalistic or ‘best interest’ approach to decision-making where other approaches are required; failing to consider the individual’s wishes or making decisions contrary to those wishes; having insufficient contact with the individual; and, sharing insufficient or incorrect information. Moreover, they may subject the individual for whom an SDM order is made to experimental medical treatment in tandem with imposing or condoning severe and harmful restrictive-practices. Consequently, the second issue addressed in this paper concerns normalising both chemical and physical restrictive-practices that are both morally abhorrent and clinically highly questionable. Furthermore, often undertaken by service providers and their contracted psychiatrists and treating teams, endorsed under authority of a collaborating Guardian or SDM.
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Russell Craig, Rawiri Taonui and Susan Wild
The indigenous Māori culture of New Zealand offers valuable insights for the development of ideas about the concept of asset. To highlight such insights, and to encourage a…
Abstract
Purpose
The indigenous Māori culture of New Zealand offers valuable insights for the development of ideas about the concept of asset. To highlight such insights, and to encourage a rethinking, this paper aims to explore the meaning of the closest Māori term to asset, taonga.
Design/methodology/approach
The critical review the authors conduct fuses Western literature‐based scholarship with an indigenous scholarly method that utilises oral information and the written literature of Māori scholars who have recognised traditional and scholarly credentials.
Findings
Taonga includes a sacred regard for the whole of nature and a belief that resources are gifts from the gods and ancestors for which current generations of Māori are responsible stewards. Taonga emphasises guardianship over ownership, collective and co‐operative rights over individualism, obligations towards future generations, and the need to manage resources sustainably.
Originality/value
The insights offered by Māori culture are beneficial in addressing a range of vexing environmental and social issues in ways that embrace a broader set of principles than those based on individual property rights and economic values.
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