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1 – 10 of over 11000Dmitry A. Lipinsky, Victoria V. Bolgova, Aleksandra A. Musatkina and Tatiana V. Khudoykina
The purpose of the research is to determine the essence and notion of economic violation of law and their varieties, and to determine the reasons that lie in the basis of this…
Abstract
The purpose of the research is to determine the essence and notion of economic violation of law and their varieties, and to determine the reasons that lie in the basis of this negative social phenomenon. The authors use the philosophical law of integrity and struggle of contradictions and rather-legal, historical and legal, and formal and legal methods of scientific cognition. Such laws of dialectics and transition of quantitative changes into qualitative changes, negation of negation, and others are used. Signs and types of economic violations of law are analyzed and their predetermination by the conflict character of economic relations is noted. Comparison of economic violations of law that are peculiar for administrative and market models of economy is performed. The universal character of economic relations as objects of legal protection is shown. Classification of economic violations of law, based on the level of their public danger and spheres of distribution, is provided. Special attention is paid to civil and legal violations of law as a variety of economic violations of law, based on not anti-social settings of the subject but conflict with the borrowed system of values, which is alien to most members of society. The notion “economic violation of law” is of the collective character and includes illegal actions regarding economic relations, and the latter are of the conflict character due to different interests of subjects, the existing competition, and striving for obtaining profit. Economic violation of law is an illegal form of solving the existing conflict, which leads to application of measures of legal responsibility. The causes of economic violations of law could be overcome by implementation of the values and ideals of justice in the legal norms. They should be based on historical, cultural, spiritual, and legal traditions. All that is imposed artificially is destined for rejection and creation of new conflicts, including economic violations of law.
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This study is a comparison of male and female delinquent behaviors utilizing a large sample in a test of social control theory.
Abstract
Purpose
This study is a comparison of male and female delinquent behaviors utilizing a large sample in a test of social control theory.
Methodology/approach
A sample of 8,363 adolescent 10th graders was drawn from the U.S. National Educational Longitudinal Study (NELS). The sample consisted of 3,774 males and 4,589 females. This work utilized logistic regression and ordinary least squares to determine whether adolescent behaviors such as smoking cigarettes, drinking alcohol, using marijuana, and other delinquent behaviors are linked to weak social bonds.
Findings
The findings of this study provide limited substantiation of social control theory for both sexes. Females who were found to have strong social bonds were less likely to engage in delinquent behaviors than males. For both sexes, the strongest element of the social bond was the element of belief.
Research limitations/implications
These results may be specific to the United States.
Practical implications
Understanding contributing factors to adolescent substance use and delinquency will assist in developing social policy that will support families.
Originality/value
This study provides insight into the differentiated nature of the social bond for males and females. Knowing that belief is an integral component in determining the strength of the social bond will aid in the development of social policies.
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To attempt, or aim, to control money laundering by regulating those sectors which facilitate and therefore (wittingly or not) encourage and sustain its practice is rather to miss…
Abstract
To attempt, or aim, to control money laundering by regulating those sectors which facilitate and therefore (wittingly or not) encourage and sustain its practice is rather to miss the point. The concentration on curing or solving the phenomenon of money laundering through regulation is, for two key reasons, ultimately self‐defeating.
The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of…
Abstract
Purpose
The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of conferral of protection.
Design/methodology/approach
One main dimension is selected and discussed: the case law of the national courts. The study focuses on the legal status of immigrants resulting from the intervention of these national courts.
Findings
The research shows that although the courts have conferred an increasing protection on immigrants, this has not challenged the fundamental principle of the sovereignty of the states to decide, according to their discretionary prerogatives, which immigrants are allowed to enter and stay in their territories. Notwithstanding the differences in the general constitutional and legal structures, the research also shows that the courts of the three countries considered – France, Germany and Spain – have progressively moved towards converging solutions in protecting immigrants.
Originality/value
The research contributes to a better understanding of the different legal orders analysed.
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The National Labor Relations Act (NLRA) creates rights for covered employees, defines conduct that violates those rights, and deems that conduct an unfair labor practice. But…
Abstract
The National Labor Relations Act (NLRA) creates rights for covered employees, defines conduct that violates those rights, and deems that conduct an unfair labor practice. But while given broad remedial powers under the Act, the Board's options were curtailed by the Supreme Court's limit on the use of deterrence as an express remedial justification. The Board was left with a strongly make-whole, i.e., ex-post, focus to undo the consequences of a violation.
Put differently, the current NLRA remedies reflect a pay-or-play philosophy. The goal is restoration after the fact, using ex-post remedies to give parties the benefit or status quo that they expected. An actor willing to pay may use a cost–benefit analysis and strategically choose to violate the Act, accepting the make-whole remedies later. But the Act created ex-ante statutory rights, not agreed-upon contractual terms. By statutory enactment, employees are given something of value deemed worthy of protection. Assigning value to compliance with the law in the first instance not only prevents sometimes irreparable harm but also reaffirms the inherent value of the right itself.
The impact of the Board's limited remedies is therefore a broad value-driven one. Without ex-ante deterrence, the available ex-post make-whole remedial options make a normative statement about individuals' rights under the Act: those rights may not be inherently worth enough to incentivize legal compliance. The make-whole focus can imply that financial compensation for the portion of harm that can be calculated and “undoing” some nonfinancial effects is sufficient. There is little drive to deter infringement before the fact. By examining the remedial philosophy behind contrasting approaches in the common law of torts and contract, this Article asserts that the current remedial strictures and framework undermine both the Act and the worth of its rights in the eyes of the public and the employees who hold them.
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Michel Vols and Alexandre Copeland Belloir
In 2011, Dutch municipalities requested supplementary legal enforcement instruments to tackle rogue landlords and substandard housing. The national government implemented new…
Abstract
Purpose
In 2011, Dutch municipalities requested supplementary legal enforcement instruments to tackle rogue landlords and substandard housing. The national government implemented new legislation granting municipalities’ local authorities more legal instruments in 2015. The purpose of this paper is to evaluate the application and effectiveness of these instruments.
Design/methodology/approach
Using both quantitative and qualitative (legal) empirical research methods, this study establishes the frequency these instruments are used and the manner they are applied in practice to determine their role in limiting abusive practices of rogue landlords.
Findings
By comparing legislation and policies with their enforcement, the authors pinpoint differences between the law in the books and the law in practice and argue that the legal instruments have a stronger effect on the informal power than on formal power of local authorities. Moreover, the paper shows that the shift of responsibility from the Public Prosecutions Office to local authorities has left the Public Prosecutions Office disinterested, feeling that it no longer has to deal with substandard housing violations at all, therefore leaving the repeat offenders free to continue their activities with minor consequences.
Originality/value
The paper presents original data on the ways governments address substandard housing and rogue landlords. This is the first study that analyses the fight against substandard housing in the Dutch context. Although centred on legislation and procedures in The Netherland, the paper’s findings are relevant in other jurisdictions facing similar issues.
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Lyndel Judith Bates, Bridie Scott-Parker, Siobhan Allen and Barry Watson
Road policing is a key method used to improve driver compliance with road laws. However, the authors have a very limited understanding of the perceptions of young drivers…
Abstract
Purpose
Road policing is a key method used to improve driver compliance with road laws. However, the authors have a very limited understanding of the perceptions of young drivers regarding police enforcement of road laws. The paper aims to address this gap.
Design/methodology/approach
Within this study 238 young drivers from Queensland, Australia, aged 17-24 years (M=18, SD=1.54), with a provisional (intermediate) driver’s licence completed an online survey regarding their perceptions of police enforcement and their driver thrill-seeking tendencies. This study considered whether these factors influenced self-reported transient (e.g. traveling speed) and fixed (e.g. blood alcohol concentration) road violations by the young drivers.
Findings
The results indicate that being detected by police for a traffic offence, and the frequency with which they display P-plates on their vehicle to indicate their licence status, are associated with both self-reported transient and fixed rule violations. Licence type, police avoidance behaviors and driver thrill seeking affected transient rule violations only, while perceptions of police enforcement affected fixed rule violations only.
Practical implications
This study suggests that police enforcement of young driver violations of traffic laws may not be as effective as expected and that the authors need to improve the way in which police enforce road laws for young novice drivers.
Originality/value
This paper identifies that perceptions of police enforcement by young drivers does not influence all types of road offences.
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Purpose — The main aim of the paper is to study the occurrence and connections of different pre-insolvency violations of law on the example of Estonian…
Abstract
Purpose — The main aim of the paper is to study the occurrence and connections of different pre-insolvency violations of law on the example of Estonian firms.Design/methodology/approach — The study is based on the whole population financial data of Estonian bankrupt firms and all publicly available court judgments about firm insolvencies from the period 2002–2009. Three types of violations have been considered: non-submission of annual reports, violations of net asset requirement and elements of criminal offence.Findings — The paper shows that non-submission of annual reports is common for insolvent firms but its occurrence varies through insolvency years and types. A similar finding can be attributed to net asset requirement violations. Elements of criminal offence are also frequent, but their occurrence is not different through insolvency years, industries and firm size groups. Elements of criminal offence and net asset requirement violations are not likely to exist together. Although medians of several pre-insolvency financial variables are significantly different in case of firms where criminal offence elements were found, they are not useful for offence prediction.Research limitations/implications — Statistical analysis limitations of the current study are mainly associated with the content of the data, because the dataset itself covers the whole population of publicly available information. The application of some results in different countries might be limited because of differences in legislation and its implementation. The study outlines novel information about and connections of different pre-insolvency violations which could be applied for relevant theory-building or more elaborate empirical research in the future.Practical implications — The study can be used by managers, owners, creditors and other stakeholders of firms to improve detection of possible pre-insolvency violations.Social implications — Regulators and regulation implementers can make use of the study when considering a change in legal framework or in its practice.Originality/value — The paper shows the presence of selected pre-insolvency violations on an extensive dataset. Previous studies have mainly been theoretical, qualitative or using small datasets.
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