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Article
Publication date: 1 October 2006

Leisheng Peng, Duminda Wijesekera, Thomas C. Wingfield and James B. Michael

This paper aims to assist investigators and attorneys addressing the legal aspects of cyber incidents, and allow them to determine the legality of a response to cyber attacks by…

1278

Abstract

Purpose

This paper aims to assist investigators and attorneys addressing the legal aspects of cyber incidents, and allow them to determine the legality of a response to cyber attacks by using the Worldwide web securely.

Design/methodology/approach

Develop a decision support legal whiteboard that graphically constructs legal arguments as a decision tree. The tree is constructed using a tree of questions and appending legal documents to substantiate the answers that are known to hold in anticipated legal challenges.

Findings

The tool allows participating group of attorneys to meet in cyberspace in real time and construct a legal argument graphically by using a decision tree. They can construct sub‐parts of the tree from their own legal domains. Because diverse legal domains use different nomenclatures, this tool provides the user the capability to index and search legal documents using a complex international legal ontology that goes beyond the traditional LexisNexis‐like legal databases. This ontology itself can be created using the tool from distributed locations.

Originality/value

This tool has been fine‐tuned through numerous interviews with attorneys teaching and practicing in the area of cyber crime, cyber espionage, and military operations in cyberspace. It can be used to guide forensic experts and law enforcement personnel during their active responses and off‐line examinations.

Details

Internet Research, vol. 16 no. 5
Type: Research Article
ISSN: 1066-2243

Keywords

Article
Publication date: 31 August 2021

Azadeh Rezafar and Sevkiye Sence Turk

The increased flexibility in urban planning practice under neoliberal policies had impacts on urban aesthetics, such as causing cities to lose their unique character and identity…

Abstract

Purpose

The increased flexibility in urban planning practice under neoliberal policies had impacts on urban aesthetics, such as causing cities to lose their unique character and identity, especially in developing countries. However, importance of the control and management of aesthetics has not been adequately addressed in the current planning legislations in the literature. Conventional legislation devices (such as zoning ordinances, building codes, etc.) provide little effect on aesthetic control for the flexible planning era. The aim of the study is to examine how a supplementary legal tool (a checklist) can be developed to provide urban aesthetics control and management for a city under neo-liberal influences by taking into consideration the relationship between urban environmental aesthetics and related legal regulations.

Design/methodology/approach

The research focusses on the Istanbul case. In this study, the aesthetic parameters with factor analysis using urban design parameters that affecting urban aesthetics are determined, how inclusion into the planning laws and regulations of these aesthetic parameters are examined and a checklist for aesthetics control and management are proposed.

Findings

The findings reveal that although there are different and fragmented legal sources that directly or indirectly deal with the aesthetic control and management for urban design and there is a lack of a supplementary legal tool as control management.

Originality/value

Checklists in the aesthetic control area can be a practical legal tool, which can establish a routine by giving proper attention to aesthetic quality and its related parameters of planning for all developing countries under the influence of neoliberal policies.

Details

Open House International, vol. 47 no. 1
Type: Research Article
ISSN: 0168-2601

Keywords

Article
Publication date: 1 January 1978

Robert Q. Kelly

Legal reference has gone public. Ten years ago, tables of cases, Supreme Court digests and legal encyclopedias were confined to an esoteric circle of law libraries. Today, in the…

Abstract

Legal reference has gone public. Ten years ago, tables of cases, Supreme Court digests and legal encyclopedias were confined to an esoteric circle of law libraries. Today, in the wake of activism, consumerism and sunshine laws, the public at large has demanded and received legal reference tools hither‐to unheard of in the public libraries and general academic collections.

Details

Reference Services Review, vol. 6 no. 1
Type: Research Article
ISSN: 0090-7324

Article
Publication date: 23 August 2021

Hussain Syed Gowhor

This paper aims to inform the readers about the existing financial intelligence tools that are being used by financial intelligence units. It tries to demonstrate, with the help…

Abstract

Purpose

This paper aims to inform the readers about the existing financial intelligence tools that are being used by financial intelligence units. It tries to demonstrate, with the help of a literature review, what the limitations of these tools are and how these limitations hinder the potential of the financial intelligence tools for early detection of terrorist financing activities.

Design/methodology/approach

The literature review method was adopted to discuss the financial intelligence tools, their limitations and the implications of the limitations for early detection of terrorist financing activities.

Findings

It was found that although the financial intelligence tools were introduced with a view to detect terrorist financing activities early, there are some inherent limitations of the tools relating to technical design features and operational procedures that hinder early detection of terrorist financing activities.

Research limitations/implications

The existing financial intelligence tools need to be repaired by removing the inherent limitations of the tools.

Practical implications

The financial intelligence units should take into cognizance the importance of early detection of terrorist financing activities for preventing terrorist attacks and need to redesign the existing tools in such a way that make these tools effective for early detection of terrorist financing activities.

Social implications

Peace will be established in society by preventing terrorist attacks through early detection of terrorist financing activities.

Originality/value

The originality of the paper lies in identifying the limitations of the existing financial intelligence tools for the early detection of terrorist financing activities.

Details

Journal of Money Laundering Control, vol. 25 no. 4
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 16 March 2012

Guido Nassimbeni, Marco Sartor and Daiana Dus

Service outsourcing/offshoring represents an increasing phenomenon. Several factors (e.g. cost reduction, flexibility, access to new technologies and skills, access to new…

5315

Abstract

Purpose

Service outsourcing/offshoring represents an increasing phenomenon. Several factors (e.g. cost reduction, flexibility, access to new technologies and skills, access to new markets, focus on core activities) motivate the location of (IT or business) processes abroad and/or out of the companies' boundaries. This choice determines also relevant risks. Knowledge and data protection constitutes one of the most relevant issues in service outsourcing/offshoring because it can strongly affect the success of these projects. The purpose of this paper is to propose an assessment framework that highlights the main risks of offshoring and outsourcing projects.

Design/methodology/approach

Building on the model developed by Monczka et al. (2005), this work proposes a FMEA assessment framework that highlights the main risks of offshoring and outsourcing projects, their causes, effects and some possible (preventing/correcting) actions. The proposed framework has been implemented and tested in a multinational company for a long time involved in service offshoring/outsourcing projects.

Findings

Adopting a failure mode and effect analysis (FMEA) approach, the study describes the main possible failures, their causes, effects and possible (preventive and corrective) actions, along all of the phases of typical outsourcing/offshoring projects.

Originality/value

The paper develops an assessment framework able to identify the security risk profile of companies engaged in outsourcing/offshoring projects by considering the technical, legal and managerial aspects jointly; and detecting the causes of possible security failures and the related preventive and corrective actions.

Details

Industrial Management & Data Systems, vol. 112 no. 3
Type: Research Article
ISSN: 0263-5577

Keywords

Article
Publication date: 5 January 2015

Jaakko Kujala, Soili Nystén-Haarala and Jouko Nuottila

The purpose of this paper is to increase the understanding of the main challenges of the contracting process and project contracts in the context of project business characterized…

1678

Abstract

Purpose

The purpose of this paper is to increase the understanding of the main challenges of the contracting process and project contracts in the context of project business characterized by a high level of complexity and uncertainty. The authors argue that understanding contracting as a flexible process and as a business tool will contribute to creating more value in projects which are implemented in constantly changing circumstances or which require gradual and iterative development.

Design/methodology/approach

This is a conceptual paper with illustrative examples from the software industry.

Findings

A prevailing approach for both managing contracts and the contracting process focuses on careful planning and drafting of contracts that protect each party in the case of conflicts and disagreements. The underlying assumption is that all activities can be planned and documented in a formal contract. According to this approach, the contracting process is seen only as a bargaining negotiation and the project contract as a detailed agreement of the responsibilities and safeguarding clauses to protect one’s position in the event of conflicts and failures. However, in the context of project business characterized by complexity and uncertainty, there is a need for flexible project contracts. The authors suggest that there are two fundamentally different approaches to implementing flexibility in both the contracting process and the project contract: postponing the decision until there is adequate information for decision making or making decisions that allow flexible adaptation to changes during the project lifecycle.

Practical implications

The authors suggest that organizations in project business should pay closer attention to how contracts are formed and how flexibility is introduced to projects. Organizations are encouraged to see contracts as a business tool, not as rigid documents which are taken into use in case something goes wrong.

Originality/value

This paper contributes to the understanding of how to adapt the contracting process to overcome challenges related to uncertainty, especially during the early phases of the project lifecycle. The authors provide a novel perspective on contracting as a process that extends over the lifecycle of a project and on the project contract as an agreement between parties formed during the contracting process. This perspective includes formal contract documents as well as various other documents, oral communication, commitments, actions and incidents.

Details

International Journal of Managing Projects in Business, vol. 8 no. 1
Type: Research Article
ISSN: 1753-8378

Keywords

Article
Publication date: 16 October 2007

Anthony Kennedy

Recognising that financially related, personal information is the raw material of successful asset recovery investigations, the paper aims to examine the mechanisms which…

1756

Abstract

Purpose

Recognising that financially related, personal information is the raw material of successful asset recovery investigations, the paper aims to examine the mechanisms which investigators may use to gather such information and the legal barriers to information gathering.

Design/methodology/approach

The paper draws on the author's own practical experience of involvement in criminal asset recovery proceedings in the UK.

Findings

It is the State's obligation to deliver criminal asset recovery in the most efficient and cost‐effective way, consistent with privacy rights and obligations, providing value for money in what is delivered by law enforcement. Doing so will require making better use of financial information held by public sector agencies. There must be no form of financial information which is beyond the reach of an investigator in an appropriate case. If there is, criminals will utilize that weakness to place criminal assets where information in respect of those assets cannot be obtained. If asset recovery is to be successful, it is essential that – to use the metaphor of financial information as “dots” – investigators are able to collect the dots, connect the dots and share the dots.

Practical implications

The paper identifies: the need to keep the legal tools used to obtain information under regular review; eight core information skills which investigators must develop for effective asset recovery; and the importance of a multi‐disciplinary approach in analysing financial information.

Originality/value

The paper explores UK criminal asset recovery from an informational perspective.

Details

Journal of Financial Crime, vol. 14 no. 4
Type: Research Article
ISSN: 1359-0790

Keywords

Book part
Publication date: 4 July 2019

Dmitry A. Lipinsky, Victoria V. Bolgova, Aleksandra A. Musatkina and Tatiana V. Khudoykina

The purpose of the research is to generalize the most perspective ideas of modern researchers and to form the authors’ position on the problem of the notion of legal conflict from…

Abstract

The purpose of the research is to generalize the most perspective ideas of modern researchers and to form the authors’ position on the problem of the notion of legal conflict from the point of view of its application in the practice of legal conflicts management. The methodology of the research consists of structural and functional approach that allows studying legal conflict as a complex system, each element of which performed a certain function. During formulation of the notion “legal conflict,” the formal and logical method of dieresis is used, which allows differentiating legal conflicts from other social conflicts and differentiating the notion from adjacent categories. The authors study the main directions of legal conflict in the modern science. Tendencies of development of ideas of legal conflict are determined. Conclusion on the necessity for formation of “flexible” definitions of the notion “legal conflict,” oriented at their application in the practice of conflict management, is substantiated. Criticism is applied toward the researchers that try to use the methods of conflict research for analysis of purely legal phenomena (legal collisions, gaps, arguments on competence, etc.). Definition of legal conflict is formed and it is shown how it is possible to build a system of diagnostics of legal conflict on its basis. It is concluded that definition of legal conflict always sets main directions of study of the phenomenon, due to which there are different definitions of the corresponding notion, depending on researcher’s orientation at studying the conflict or means of its solution. The key sign of legal conflict is the possibility of its regulation with legal means, which is realized by the conflict participants. It is necessary to view conflict as a space of opportunities – for participants and for legal bodies. It is necessary to form and develop a system of diagnostics of legal conflicts.

Details

“Conflict-Free” Socio-Economic Systems
Type: Book
ISBN: 978-1-78769-994-6

Keywords

Article
Publication date: 3 June 2021

Dmytro S. Melnyk, Oleg A. Parfylo, Oleksii V. Butenko, Olena V. Tykhonova and Volodymyr O. Zarosylo

The experience of most European Union (EU) Member States has demonstrated effective anti-corruption practices, making the EU one of the leaders in this field, which can be used as…

Abstract

Purpose

The experience of most European Union (EU) Member States has demonstrated effective anti-corruption practices, making the EU one of the leaders in this field, which can be used as an example to learn from in the field of anti-corruption. The purpose of this study is to analyze and identify the main features of anti-corruption legislation and strategies to prevent corruption at the national and supranational levels of the EU.

Design/methodology/approach

The following methods were used in the work: discourse and content analysis, method of system analysis, method of induction and deduction, historical-legal method, formal-legal method, comparative-legal method and others. Using the historical and legal method, the evolution of the formation of anti-corruption regulation at the supranational level was revealed. The comparative law method helped to compare the practices of the Member States of the EU in the field of anti-corruption regulation. The formal-legal method is used for generalization, classification and systematization of research results, as well as for the correct presentation of these results.

Findings

The main results, prospects for further research and the value of the material. The paper offers a critical review of key EU legal instruments on corruption, from the first initiatives taken in the mid-1990s to recent years.

Originality/value

In addition, the article analyzes the relevant anti-corruption legislation in the EU member states that are in the top 10 countries with the lowest level of corruption, namely: Denmark, Finland, Sweden, the Netherlands, Germany and Luxembourg.

Book part
Publication date: 1 October 2007

Jonathan Putnam

I begin with a dispute over a fox hunt, by which to understand the law of tangible property, then develop that metaphor for the major types of intellectual property. I start with…

Abstract

I begin with a dispute over a fox hunt, by which to understand the law of tangible property, then develop that metaphor for the major types of intellectual property. I start with domestic U.S. patent law for the sake of concreteness, and generalize to other jurisdictions and types of intellectual property. In the latter parts of the paper I discuss the international implications of intellectual property, including especially the effects of information spillovers. The last part of the paper describes the hazards in analogizing “trade” in intellectual property rights to trade in goods, and particularly in interpreting international patent data. These hazards motivate the search for a structural model specially adapted to the purpose of valuing international intellectual property rights and rules. The goal is to give economists a simple and integrated framework for analyzing intellectual property across time, jurisdiction and regime type, with an eye towards eventually developing other incentive systems that have the advantages of property (such as decentralized decision-making), but fewer of the disadvantages.

Details

Intellectual Property, Growth and Trade
Type: Book
ISBN: 978-1-84950-539-0

1 – 10 of over 51000