Search results
1 – 10 of over 9000There are ever growing relations and mutual influences between law and global economic context: so, there arises the need for them to be investigated in a legal perspective, which…
Abstract
Purpose
There are ever growing relations and mutual influences between law and global economic context: so, there arises the need for them to be investigated in a legal perspective, which is the aim of this paper.
Design/methodology/approach
The method used tries to combine the empirical observation of the legal and economic reality in today's world and a few essential theoretical foundations such as the freedom to dispose of one's rights by wave of contractual instrument.
Findings
The dramatic crisis that the global world has had to face over the past few years compels legal scholars to revisiting process of traditional categories in order to adapt them to society's changing problems.
Research limitations/implications
Future research should take into account the impact that legal phenomenons may have on the economic structure of a global society and adopt a more practical approach.
Practical implications
A transnational approach to the tackling of global problems should be taken by lawyers and governments so that a new trend is pursued in terms of the harmonization of national solutions to problems that are spread over the world.
Social implications
If a transnational approach is actually part of a renewed analysis all national communities should benefit as their problems would be perceived not as theoretical puzzles but as matters deeply related to the conditions of their everyday lives.
Originality/value
A message is being sent to legal circles for a change of attitude and to governments for the strengthening of their cooperation with a view to fully shared legal instruments to be recognized well beyond national boards.
Details
Keywords
Many jurisdictions fine illegal cartels using penalty guidelines that presume an arbitrary 10% overcharge. This article surveys more than 700 published economic studies and…
Abstract
Many jurisdictions fine illegal cartels using penalty guidelines that presume an arbitrary 10% overcharge. This article surveys more than 700 published economic studies and judicial decisions that contain 2,041 quantitative estimates of overcharges of hard-core cartels. The primary findings are: (1) the median average long-run overcharge for all types of cartels over all time periods is 23.0%; (2) the mean average is at least 49%; (3) overcharges reached their zenith in 1891–1945 and have trended downward ever since; (4) 6% of the cartel episodes are zero; (5) median overcharges of international-membership cartels are 38% higher than those of domestic cartels; (6) convicted cartels are on average 19% more effective at raising prices as unpunished cartels; (7) bid-rigging conduct displays 25% lower markups than price-fixing cartels; (8) contemporary cartels targeted by class actions have higher overcharges; and (9) when cartels operate at peak effectiveness, price changes are 60–80% higher than the whole episode. Historical penalty guidelines aimed at optimally deterring cartels are likely to be too low.
Details
Keywords
Purpose: To consider the extent to which the legal recognition of non-binary gender has the potential to disrupt the gender binary.Methodology/Approach: This chapter will employ…
Abstract
Purpose: To consider the extent to which the legal recognition of non-binary gender has the potential to disrupt the gender binary.
Methodology/Approach: This chapter will employ case study as method, focusing on recent changes to Australian law and policy, which introduce a third gender category. I rely on the work of queer theorists on normativity and recognition as a theoretical framework and on the work of social scientists on transgender people as evidence.
Findings: This chapter finds that while there is much to be celebrated about increasing alternatives to the dominant categories of male and female, the legal recognition of non-binary gender may in fact serve to conceptually purge the dominant gender categories of non-conforming elements while simultaneously masking the ways in which institutions of regulatory power continue to demand conformity with normative standards of gender.
Research Limitations: Since few non-binary individuals in Australia have adopted the X marker the implications laid out in this paper are speculative. The experiences of non-binary individuals present an important avenue for further research.
Practical Implications: I recommend, as an alternative to further gender classifications, that we should seek to minimize the degree to which membership of a particular gender category is used to distribute rights and privileges.
Originality/Value of Paper: This chapter advances the literature on non-binary gender, contributes to existing queer and feminist analyses of the gender binary and extends work on normativity to legal recognition of alternative genders.
Details
Keywords
The aim of the research is to examine the legal ideologies of planning law proposed by Patrick McAuslan in 1980 and their operation in one key aspect of modern-day planning law in…
Abstract
Purpose
The aim of the research is to examine the legal ideologies of planning law proposed by Patrick McAuslan in 1980 and their operation in one key aspect of modern-day planning law in England and Wales in order to assess the balance between these ideologies today.
Design/methodology/approach
In order to achieve this, the philosophical and theoretical foundations of the respective legal ideologies are revisited. The approach that follows is a mixed doctrinal and socio-legal one. The content of the law in certain key areas is established and then analysed against the framework of McAuslan's ideologies in order to establish the social context balance of the law.
Findings
The paper concludes that, despite much change in law and policy, the balance between the three competing ideologies in the area of development control in the planning regime of England and Wales remains similar to that in 1980.
Research limitations/implications
For publication as a research paper, the scope of the examination was necessarily restricted. Certain areas scrutinised by McAuslan are of less relevance today, but, nonetheless, there is clearly scope to revisit some of the other aspects of planning law considered in 1980 and, indeed, to expand the scope of analysis to other areas of environmental law.
Originality/value
The paper takes a framework of legal ideologies that was proposed over 30 years ago and applies it to elements of the modern-day planning regime. The paper will be of value to both legal academics and those in the town planning discipline.
Details
Keywords
Bharat Mehra and Lisette Hernandez
In India, recently on December 11, 2013, the Supreme Court re-established a ban on gay sex following a four-year period of decriminalization that had helped bring homosexuality…
Abstract
Purpose
In India, recently on December 11, 2013, the Supreme Court re-established a ban on gay sex following a four-year period of decriminalization that had helped bring homosexuality out of the closet in this communally conservative country. In the light of such prosecution and denial of lesbian, gay, bisexual, and transgender (LGBT) human rights in India, this chapter presents a library manifesto of action for progressive change in support of this marginalized and “invisible” population.
Methodology/approach
Content analysis of online news articles published during November 14, 2013–January 14, 2014 in The Times of India (http://timesofindia.indiatimes.com/india), one of India’s most popular English newspaper, identifies proactive economic, educational, legal, political, and social actions libraries can adopt as agents of human rights protection to integrate a social justice agenda on behalf of this subjugated population.
Findings
This chapter presents an action-based manifesto consisting of realities experienced by sexual minorities in India and future economic, educational, legal, political, and social actions libraries can take on their behalf.
Research limitations/implications
This research showcases the meaningful role of the library and information science professions in potentially shaping community-wide progressive changes to address the information needs and expectations of underserved populations who are marginalized owing to conservative laws, policies, practices, and politics. It also adopted an innovative strategy in library circles and human rights research of examining online news articles to explore the relevance of the information found in the news covered related to the adoption of an archaic law denying equal rights for sexual minorities in India.
Details
Keywords
Legal intermediation is an emerging theoretical concept developed to grasp the importance of the process and actors who contribute to legal endogenization, in particular in the…
Abstract
Legal intermediation is an emerging theoretical concept developed to grasp the importance of the process and actors who contribute to legal endogenization, in particular in the field of economic activities and work governed by various public regulations. This chapter proposes to extend the analytical category of legal intermediary to all actors who, even if they are not legal professionals, deal on a daily basis with legal categories and provisions. In order to deepen our understanding of these actors and their contribution to how organizations frame legality, this chapter investigates four examples of legal intermediaries who are not legal professionals. Based on field surveys conducted over the past 15 years in France on employment policy, industrial relations, occupational health and safety regulation, and forensic economics, I make three contributions. First, the cases show the diversity of legal intermediaries and their growing and increasingly reflexive roles in our complex economies. Second, while they are not legal professionals per se, to different degrees, these legal intermediaries assume roles similar to those of legal professionals such as legislators, judges, lawyers, inspectors, cops, and even clerks. Finally, depending on their level of legitimacy and power, I show how legal intermediaries take part in the process of legal endogenization and how they more broadly frame ordinary legality.
Details
Keywords
Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some…
Abstract
Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some legal aspects concerning MNEs, cyberspace and e‐commerce as the means of expression of the digital economy. The whole effort of the author is focused on the examination of various aspects of MNEs and their impact upon globalisation and vice versa and how and if we are moving towards a global digital economy.
Details
Keywords
Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way…
Abstract
Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.
Details