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1 – 10 of over 5000Jonathan B. Justice and Cumhur Dülger
Much of the current U.S. academic literature on participatory budgeting is preoccupied with direct citizen involvement in budget formulation, reflecting a particular normative…
Abstract
Much of the current U.S. academic literature on participatory budgeting is preoccupied with direct citizen involvement in budget formulation, reflecting a particular normative theory of democracy. In this essay we suggest that U.S. academics can learn from a contemporary international community of practice concerned with “civil-society budget work”-a quasi-grassroots, quasi-pluralist movement with member organizations throughout the developing world-as well as from the budget exhibits mounted by the New York Bureau of Municipal Research at the turn of the last century. The budget-work movement employs third-party intermediation and advocacy, through all phases of the budget cycle. U.S. academics and budget-work practitioners can learn from each other, and this represents an unexploited opportunity for all concerned. We propose a program of locally based action research and trans-local evaluative synthesis.
Tom Curtin and Jacqueline Jones
Classical PR works on the basis that the public wants to buy the product. But the classic tools – media relations, leaflets, public meetings and exhibitions, and even advertising…
Abstract
Classical PR works on the basis that the public wants to buy the product. But the classic tools – media relations, leaflets, public meetings and exhibitions, and even advertising – all fail instantly when the product offered is unpopular or resisted. The approach for the communications of contentious projects is different and makes use of the “power pyramid”, which is how decisions are made within the democratic system. Stakeholders are the key to the successful communications management of difficult projects. To be successful, contentious projects must utilise a special stakeholder – the third‐party advocate. A mechanism for segmenting these stakeholders and mobilising them – often through a mutually beneficial project – must be in place. This maximises the chances of contentious projects succeeding.
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Kenya has made little progress in its endeavor to categorize lawyers as designated non-financial businesses and professionals (DNFBPs), despite making spirited attempts in 2007…
Abstract
Purpose
Kenya has made little progress in its endeavor to categorize lawyers as designated non-financial businesses and professionals (DNFBPs), despite making spirited attempts in 2007, 2018 and lately in 2019. The legal professionals are, therefore, not bound by the reporting and other stringent obligations imposed by the Financial Action Task Force (FATF) to deter possible misuse by money launderers. The purpose of this paper, therefore, is to enumerate the ongoing efforts toward designating lawyers as DNFBPs in Kenya. The paper also assesses the institutional and legislative incentives (as well as barriers) for imposing the anti-money laundering (AML) duty thereto.
Design/methodology/approach
The paper provides a qualitative review of Kenya’s AML legislative framework and the potential support/hindrance to imposing the AML duty on lawyers. Also, this paper provides a suggestion for possible solutions.
Findings
The legislative framework in Kenya has outlawed money-laundering, and lawyers can be compelled to disclose confidential information observed in the course of employment if it embodies crime or fraud. Thus, imposing the AML obligation on lawyers is nothing out of the ordinary, rather a mere creation for a formal disclosure mechanism. However, this paper also revealed divergent views that merit reconciliation for the seamless designation of lawyers.
Originality/value
To enhance the legislative framework in Kenya, the paper borrows from the FATF’s Interpretive Note to Recommendation 23 and suggests a practical solution to the apparent conflict between the legal professional privilege and the AML duty.
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This paper aims to fill the gaps by conducting the first large n study examining the role of third parties in the emergence of river agreements in Asia and Africa during the time…
Abstract
Purpose
This paper aims to fill the gaps by conducting the first large n study examining the role of third parties in the emergence of river agreements in Asia and Africa during the time period 1948-2007. There is a growing literature on what explains agreements in river disputes. However, beyond individual case analysis, little systematic study has been done on the role of third parties in settling river disputes through agreement, in particular on the regions that are mostly affected by the global climate change.
Design/methodology/approach
Through utilising new data on the role of third parties in river disputes, this study shows that third party involvement in the conflict management of river disputes increases the likelihood of reaching river agreements.
Findings
The findings suggest that third parties use both diplomatic and economic means to increase the likelihood of emergence of river agreements, and both strategies are equally important to induce formalised cooperation.
Research limitations/implications
Yet the present study covers only two regions, and it does not delve into a discussion of the conditions under which third party interventions are successful. Rather, these are aspects that need to be explored in the future.
Practical implications
Given the current uncertainty around security challenges resulting from climate change, and with predictions of future water wars, this research contributes to the understanding how to peacefully manage current and potential conflicts around transboundary waters.
Originality/value
This study is the first large n study examining the role of third parties in the emergence of river agreements in Asia and Africa.
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Robert Rybnicek, Karl-Heinz Leitner, Lisa Baumgartner and Julia Plakolm
The purpose of this paper is to identify whether the prior industry experience (IE) or industry leadership experience (ILE) of the head might influence the department’s…
Abstract
Purpose
The purpose of this paper is to identify whether the prior industry experience (IE) or industry leadership experience (ILE) of the head might influence the department’s publication output, the ability to acquire external research funds or its entrepreneurial activities (e.g. the commercialization of research results through patents).
Design/methodology/approach
The study is based on data from 208 Austrian university departments and combines data from different sources (CVs of the heads of departments, commercial register, funding data and publication data).
Findings
The results show a positive relationship between ILE and the patent output of the departments as one indicator for the commercialization of research activities. Low positive effects of IE on the extent of third-party funding were also found. Furthermore, the scientific experience of the head of department has a positive influence on the publication output of the whole department.
Practical implications
The findings suggest that the scientific ability of researchers should be key when selecting the head of a department, due to the fact that scientific performance is still essential for most of these units. However, when universities seek to focus more strongly on other, for example, entrepreneurial activities, then additional competencies come into play. As the actual focus of universities is currently subject to change, former IE and ILE will become increasingly more important and the heads of departments will play a decisive role in the transition toward becoming an entrepreneurial university. Therefore, universities are well advised to integrate these experiences in the job specifications and to establish processes that facilitate the change from an industrial to a university job or which allow “double lives” in university and industry.
Originality/value
Previous studies have mostly investigated the role of the scientific experience of academic leaders in the research performance of their institution in later decades. This study examines the actual relevance of previous entrepreneurial experiences of heads of departments to the departments’ research performance, the ability to acquire external research funds or their entrepreneurial activities.
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Timothy Stablein and Steven H. Jacobs
Purpose – In this chapter, we address the ambiguous nature of parental consent requirement decisions for the purpose of conducting minimal risk research of at-risk…
Abstract
Purpose – In this chapter, we address the ambiguous nature of parental consent requirement decisions for the purpose of conducting minimal risk research of at-risk youth.
Methodology/approach – We evaluate current guidelines, which are used to determine the appropriateness of parental consent waivers, review related literature, and offer a case study to understand some of the resulting dilemmas that arise when seeking approval and researching youth in potentially abusive and neglectful situations.
Findings – We offer the researcher, practitioner, ethics committee, and policy maker new strategies to aid in the determination and application of parental consent waivers for minimal risk research participation among at-risk youth populations.
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The purpose of this paper is to analyse the practical policy arguments that support the exclusion of pre‐contractual negotiations in the interpretation of written contracts, and…
Abstract
Purpose
The purpose of this paper is to analyse the practical policy arguments that support the exclusion of pre‐contractual negotiations in the interpretation of written contracts, and the more principled arguments for allowing such evidence to be admitted. This paper proposes that the exclusionary rule be relaxed in certain limited circumstances.
Design/methodology/approach
The paper adopts a black‐letter law approach focusing heavily upon the principles of law itself. It analyses the arguments for and against admitting pre‐contractual negotiations in the interpretation of written contracts through examining key court judgments, key journal articles and leading text under English law and other common law jurisdictions.
Findings
The findings show that the arguments advanced in support of the exclusionary rule, whilst of great significance, are not that convincing. The arguments for relaxing the exclusionary rule in certain limited circumstances are very strong.
Research limitations/implications
Empirical study may show that the arguments in support of the exclusionary rule are not in practice as significant as postulated. The paper is focused on the law of England and Wales.
Practical implications
This paper will be instructive to commentators, lawyers, academics and students in the field of commercial contract law and parties to contracts.
Originality/value
The paper contributes to pushing back the boundaries of the developing law in the interpretation of written contracts.
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Isaac Nahon-Serfaty and Rafael Pedraza Díaz
The main objective of this chapter is to propose an alternative framework to analyze Corporate Social Responsibility (CSR) – which we call a “non-strategic” approach to CSR– that…
Abstract
The main objective of this chapter is to propose an alternative framework to analyze Corporate Social Responsibility (CSR) – which we call a “non-strategic” approach to CSR– that stems from a criticism of the normative perspective of Public Relations (PR) and the competitive corporate strategic mindset. Inspired by Certeau’s tactical take on the everyday life of common people and the Latin American critical school of “alternative communication,” we set the foundations of a theoretical and practical overture that could lead to a set of possibilities in the area of CSR. The conceptualization of this alternative view about CSR is based on both a critical discussion of fundamental notions of PR, communication and management, and the empirical insights stemming from the practice in the field, mainly in the Latin American region. The non-strategic approach to CSR challenges both theoretically and practically the very idea of socially accountable corporation and its relation with society. Conceptually, the non-strategic approach considers all the parties engaged in the process are responsible for bringing out emerging value and translating it into a shared destination through experimentation. Practically, being non-strategic, which emphasizes the tactical actions that are rooted in the daily life of people, entails the creation of social innovation spaces or labs and networking that could become tools for problem solving and increase the possibilities for creative collaboration between corporations and communities. The non-strategic approach offers an analytical framework to assess the ethical and practical implications of CSR initiatives.
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The ASOL Case In this section we will outline an actual case, highlighting some key issues in mediation. In this particular case one of the authors was invited to help resolve an…
Abstract
The ASOL Case In this section we will outline an actual case, highlighting some key issues in mediation. In this particular case one of the authors was invited to help resolve an industrial dispute which had lasted three months. An operative to whom we shall refer as JS was dismissed for allegedly leaving factory premises during work hours without permission. During the intervening three months the operatives' union contested the issue and all stages of the formal disputes procedure were exhausted.