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1 – 10 of over 6000Gregory Gooding, William Regner, Maeve O'Connor and Gary Kubek
To explain the implications of a March 2014 Delaware Court of Chancery decision that found RBC Capital Markets liable for damages for aiding and abetting breaches of fiduciary…
Abstract
Purpose
To explain the implications of a March 2014 Delaware Court of Chancery decision that found RBC Capital Markets liable for damages for aiding and abetting breaches of fiduciary duty by the directors of Rural/Metro Corporation in connection with the company’s 2011 sale to an affiliate of Warburg PIncus.
Design/methodology/approach
Explains the court’s findings and decision, offers procedural lessons for sell-side financial advisors, and recommends what sell-side advisors can do to limit exposure to aiding and abetting claims.
Findings
The Rural/Metro decision opens the door to additional litigation risk for sell-side advisors. However, Vice Chancellor Laster’s opinion also provides a roadmap for how an advisor can limit that risk.
Practical implications
Director and financial advisor liability most often results from process failures.
Originality/value
Practical guidance from experienced mergers and acquisitions and securities and corporate governance lawyers.
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This chapter examines some key themes raised by the intersection of the urban, the rural and the penal against the backdrop of the Australian ‘rural ideal’. But the chapter also…
Abstract
This chapter examines some key themes raised by the intersection of the urban, the rural and the penal against the backdrop of the Australian ‘rural ideal’. But the chapter also seeks to look critically at that ideal and how it relates (or does not) to the various lifeworlds and patterns of settler development that lie beyond the Australian cityscape. Attention is directed away from the singular focus on the rural/urban divide to stress the importance of North/South in understanding patterns of development and penal practices beyond the cityscape in the Australian context.
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Rachel Hale, Melina Stewart-North and Alistair Harkness
Disasters significantly reduce the accessibility of justice particularly in rural locations. The bushfires, which ravaged three states in the south-east of Australia in late 2019…
Abstract
Disasters significantly reduce the accessibility of justice particularly in rural locations. The bushfires, which ravaged three states in the south-east of Australia in late 2019 and early 2020, have had catastrophic social and economic impacts on people, animals and places in rural areas. In the aftermath of disasters, people by necessity must inevitably avail themselves of legal advice and services: to negotiate new business contracts; re-mortgage property; access wills and testaments; attend court; and for a host of other matters. In rural communities, where access to legal services is already limited by distance and circumstance, disasters create increased demand, and access issues are accentuated. This chapter explores access to justice issues in post-disaster context and as they relate to rural, regional and remote communities. It draws upon post-disaster experiences nationally and internationally, outlining responses to improve access to legal services past and present, identifying effective responses. It argues that rurality creates additional barriers and reduces access to justice, and that disasters exacerbate existing access issues as well as creating new challenges.
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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.
The purpose of this paper is to explore the impact of location on access to justice for vulnerable defendants seeking bail.
Abstract
Purpose
The purpose of this paper is to explore the impact of location on access to justice for vulnerable defendants seeking bail.
Design/methodology/approach
Qualitative interviews were conducted with legal practitioners from rural, suburban and urban areas as part of a larger study into bail support services in Victoria, Australia.
Findings
Interview participants identified a dearth of bail support resources in rural, regional and remote (RRR) areas compared to their urban counterparts. This dearth impacted negatively on some defendants’ outcomes in the justice system, particularly for young people and those experiencing homelessness.
Practical implications
This study helps in improving policy through greater understanding of issues with RRR service provision; adds to knowledge for service providers on access to justice; highlights specific areas of concern for vulnerable populations; and provides a more nuanced understanding of location-based issues.
Originality/value
This research found that resourcing issues cannot be understood simply through an RRR/urban binary and that more complex factors impacting access to justice and access to services for vulnerable people should be incorporated into future analysis and policy development. This more nuanced understanding is useful across national and international contexts when developing policies to improve bail support service provision.
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This chapter examines narratives and representations of rural Australia deployed by political actors. At both federal and state levels in Australia, political parties tend to…
Abstract
This chapter examines narratives and representations of rural Australia deployed by political actors. At both federal and state levels in Australia, political parties tend to focus their attention on metropolitan electorates in their public discussions, particularly during election campaigns. This has led to accusations from minor parties and independents that rural areas are ignored by governments based in capital cities. The Nationals, for example, presents itself as the party whose primary motivation is to protect the interests of rural voters. Rural sites are political spaces shaped by particular types of narrative and rhetoric. Engaging with how the ‘rural’ is represented through rhetoric and image is useful for understanding how crime is positioned. This chapter uses rhetorical political analysis and representation to understand how political ideas about rurality are expressed through language and imagery. The political context outlined in this chapter is one factor that affects the nature and complexities of rural crime and responses to it. Rural Australia is at its own political crossroad, reflected in the emergence of competing narratives for the bush, defined here as a contest between ‘rural centrism’ and ‘rural populism’.
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Lana Yan Jun Liu, Falconer Mitchell and John Robinson
The purpose of this paper is to explore the adoption of a time‐based activity‐based costing (ABC) information system in resource planning (ABP) in the Crown Prosecution Service…
Abstract
Purpose
The purpose of this paper is to explore the adoption of a time‐based activity‐based costing (ABC) information system in resource planning (ABP) in the Crown Prosecution Service (CPS) of England and Wales, a public service organisation in the United Kingdom, for the period of 2000‐2005. The aims of the study are to provide a technical review of the ABP application and to explore roles of the ABP system in achieving a “fairer” internal resource allocation and an improved understanding of business processes.
Design/methodology/approach
The CPS's experience of adopting an ABP system is explained through the use of a case study involving interviews, observations, work shadowing and archival data over a period of six years, 2000‐2005. The longitudinal nature of the study has enabled the researchers to align the outcome of ABP adoption with concurrent organisational changes.
Findings
The study reveals that the growing understanding of the intrinsic links between business processes and the ABP information and its rationale, which remains unchanged throughout various phases of organisational changes, has promoted a sense of stability amongst CPS staff members.
Practical implications
This study provides an in‐depth understanding of the practical use of ABP and its evolving roles in the face of the changing organisational environment.
Originality/value
This research discusses the prerequisite of the ABP system, a time‐based ABC system, and the evolving roles of ABP from a cost‐effective planning tool to a stability mechanism in face of constant organisational changes. This experience is invaluable to companies and practitioners seeking to implement a cost‐effective planning tool.
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Gustavo Ferro, Carlos A. Romero and Exequiel Romero-Gómez
The purpose of this paper is to build performance indicators to assess efficiency for First Instance Federal Courts in Argentina and study the determinants of efficiency in…
Abstract
Purpose
The purpose of this paper is to build performance indicators to assess efficiency for First Instance Federal Courts in Argentina and study the determinants of efficiency in Criminal Instruction Courts.
Design/methodology/approach
The efficiency scores were determined using data envelopment analysis with a database for the period 2006–2010. Then, a search of the efficiency determinants in the Criminal Instruction Courts was performed. Four output-oriented models were developed based on various explanatory and environmental variables.
Findings
Workload is an environmental variable that significantly increased the average levels of efficiency. When analyzing explanatory factors of the efficiency levels of the Criminal Instruction Courts, surrogate judges and temporary staff are more efficient on average than tenured judges and staff.
Research limitations/implications
The method chosen permits flexibility in the analysis. Future research would be interesting to develop the underlying economic model using econometric methods.
Practical implications
This paper’s contribution is twofold: first, to estimate the relative efficiency for all First Instance Federal Courts in every jurisdiction; and second, to explain the differences in efficiency in the Criminal Instruction Courts.
Social implications
This study has the potential to greatly impact the discussion of how to structure judicial procedures (from the benchmarking between different branches of Federal justice) and in the design of incentives in a judicial career (e.g. tenured vs temporary judges and clerical employees, the role of seniority of judges and clerical employees and the impact of gender in performance).
Originality/value
To the authors’ knowledge, this paper is the first scholarly article to measure efficiency in Argentine justice system using mathematical programming and econometric methods. It has academic interest since it advances on the comprehension of the underlying production function of justice service provision. The paper also has social and practical implications since it permits contributing to the institutional design and opens the discussion for further sequels with other methods and complementary purposes.
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The UK Government’s’ “modernisation” programme has impacted and will continue to impact on the Law courts and judiciary procedures. Explores these impacts in seven areas: judicial…
Abstract
The UK Government’s’ “modernisation” programme has impacted and will continue to impact on the Law courts and judiciary procedures. Explores these impacts in seven areas: judicial independence; quality of service; cost‐effectiveness; democracy; efficiency; speed; and government as the driver.
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People with learning disabilities are typically over‐represented in Western criminal justice systems. They are vulnerable during police questioning, and may not comprehend their…
Abstract
People with learning disabilities are typically over‐represented in Western criminal justice systems. They are vulnerable during police questioning, and may not comprehend their right to silence; they may confess, or acquiesce to the police version of events. They may have a long history of challenging behaviour which has never been appropriately addressed until the behaviour brings them into contact with the criminal justice system. It is important for service providers to have a working knowledge of the criminal justice system, and a clear idea of their role in relation to the client, especially during police interviews.