Government Legal Research Articles

User Perspective on External Value Creation Factors in Indonesia e-Commerce

Value creation is very important for the e-commerce companies in order to reach customers and increase company's value in the view of customer. Value creation mostly developed based on internal factor of the company. This statement is supported by many studies that researched on value creation from within the company. The purpose of this research is to find out customer’s perspective on the external environmental factors that can affect the value creation of e-commerce companies, especially in Indonesia. This research uses primary and secondary methods in data collection. Questionnaire is used as primary research methodology in this research to gather data from e-commerce users. For the secondary method, literature reviewed from previous research and existing journals is used. The results of this research are the statements from respondents regarding external environmental factors that can be classified on 5 (five) factors: Government policy and legal, telecommunication infrastructure, financial and capital investment, physical environment, and payment system.

Profiling sectoral risks of foreign direct investment (FDI) in Africa for the first decade of the 21st century

Despite Africa’s strong foreign direct investment (FDI) performance since 2000, the majority of FDI inflows have been directed to a few selected countries. As investors face many risks when investing in developing countries, it is argued that risk perception plays a vital role in the FDI inflows into Africa. This article focuses on the relationship between risk and FDI. A structural equation model is used to analyse this relationship with a dataset of ten risk categories and FDI data from 42 African countries. The study focuses on four sectors, namely metals, automotive, communications and real estate. Overall, results indicate that government effectiveness and legal and regulatory risks produce the biggest concern for investors. The conclusion is that each sector’s risk pattern regarding FDI differs. The most important empirical results indicated that African countries should focus more on government effectiveness, stability and transparency to attract the levels of FDI required to stimulate economic growth.

National Transplant Network Information System of US and England

Introduction and Objectives: National Transplant Network leads to integration of transplant activities chain amongst participating centers. Co-ordinate and timely information exchange among those centers is a key requirement of integration which is made possible by information system. The present research studied US and England National Transplant Network Information System. Background: In National Transplant Network of US, United Network for Organ Sharing, American Association of Tissue Banks, and National Marrow Donor Program have safe and online information systems which deal with the management of data associated with organs, tissues, and cells transplants respectively. The American Division of Transplantation in the department of Health and Human Services supervises the activities of these systems. In England, also the management of transplantation data is supervised by Department of Health and through information system of National Health Services, Blood and Transplant organization, where in addition to variety types of transplantations it comprises the data associated with blood supply chain. Findings: National Transplant Network Information System in US and England has such important characteristics as integrated management of the entire data related to transplantation types, clarity of data set, and the nature of their exchanges as well as precise and on time flow of information amongst network components which are supported by infrastructure features including government legal and financial backing, supervision of Health Ministries and involvement of policy making organization on national level. Conclusion: Given the breadth of transplantation services in US and England, via a precise and on time information flow, National Transplant Network Information System has created coordination amongst the components of National Transplant Network and consequently provided a comprehensive and equitable service nationwide.

Everyday Utopias: The Conceptual Life of Promising Spaces

Everyday Utopias: The Conceptual Life of Promising Spaces

Initial Adoption vs. Institutionalization of E-Procurement in Construction Firms

This study explores the role of government in fostering construction firms move from initial adoption to institutionalization of e-procurement in developing countries' context. It proposes the research model that consists of five external environmental constructs that are considered as factors influencing the different levels of e-procurement adoption. It uses PLS-SEM to analyze the data collected from 112 construction businesses in Vietnam in 2012. It finds that the role of government has an extremely significant influence on a decision of initial adoption of e-procurement in construction enterprises through government leadership, legal and regulatory infrastructure, information and technology infrastructure (ITI), and socio-economic and knowledge infrastructure. However, the role of government is less important to a decision of institutionalization of e-procurement when only ITI significantly influences on the decision-making. As a result, useful theoretical and practical implications are proposed.

Asia Women's Fund Revisited

The Asian Women's Fund's atonement project for former comfort women set a new vision of Japan in which the people along with the Japanese government proactively participate in performing the moral responsibility for the suffering of former comfort women in cross-boundary and cross-generational ways. This article argues that the Fund's imperfect reconciliation with former comfort women particularly in Taiwan and South Korea was due to the misunderstanding about moral responsibility as an evasion of the Japanese government's legal responsibility and due to the inadequate exercise of political and administrative leadership. Underneath these factors lie the intertwined root causes of the limited availability of facts on the issue of comfort women and the ideologically driven discourse. The article suggests the following measures as a further atonement project: strong political leadership to present the clear meaning of moral responsibility, cooperation with the governments and support groups in the victims' countries, and an international truth investigation.

Проблеми формування «демографічного законодавства» в Україні

Проаналізовано національне законодавство у контексті стратегічних орієнтирів, напрямів державного впливу на процеси демографічного розвитку, впровадження демографічної політики в Україні. Розглянуто низку прийнятих урядом нормативно-правових актів, спрямованих на подолання негативних тенденцій відтворення населення, на зміни демографічної ситуації. Доведено недостатність та недосконалість нормативно-правового забезпечення реалізації демографічної політики. Показано, що наявні нормативно-правові акти не створюють достатньої правової основи для конкретної управлінської чи регулюючої діяльності у цій сфері, оскільки не встановлюють ні предмета державної демографічної політики, ні її суб’єктів та об’єктів, не визначають механізми прийняття і реалізації відповідних рішень, джерела фінансування необхідних заходів та здійснення належного контролю. Обґрунтовується, що їх змістовна наповнюваність зосереджена переважно на подоланні негативних тенденцій окремих демографічних процесів та усуненні їх негативних наслідків, ніж на створенні таких соціально-економічних умов, які б сприяли відтворенню населення більш високої якості в усіх соціальних групах. Доведено, що демографічна політика розглядається як окрема, особлива та специфічна складова соціально-економічної політики, реалізація якої не може впливати на зміни загальної демографічної ситуації. Робиться висновок про необхідність прийняття відповідного закону, чіткого визначення суті, мети, завдань, системи принципів демографічної політики. При цьому демографічна політика має формуватися з її розуміння як особливої спрямованості, демографічної орієнтації соціально-економічної політики держави. Саме такий підхід забезпечуватиме підвищення ефективності державного впливу на процеси відтворення населення, досягнення сталого демографічного розвитку.

An Albatross for the Government Legal Advisor Under MRPC Rule 8.4

Rule 8.4 of the Model Rules of Professional Conduct requires lawyers to impart honest representations of the law and candid legal advice. Rebuke roused due to advisory opinions furnished by government attorneys who offered an unchecked vision of the Commander in Chief authority, sanctioned illegal detentions and interrogations, and slighted human rights abuses on combatants, suspected terrorists, and innocent detainees. Professor John Yoo confronted much controversy for his memoranda written while serving as Deputy Assistant Attorney General in the Department of Justice Office of Legal Council. Yoo was criticized by academia, sued by a former detainee, subject to a prolonged investigation by the U.S. Department of Justice Office of Professional Responsibility, and faced advocacy for disbarment and penalties at U.C.-Berkeley Law School. Yoo surmounted these challenges, but Spanish prosecutors brought criminal charges for war crimes against Yoo and five other Bush Administration legal advisors. The appeal is currently pending before the Spanish Supreme Court. Combining the obligations of Rule 8.4, fundamentals of democratic governance, and this case study, this article offers a five-point inquiry into the details of the relationship between the attorney-advisor and government-client and the intentions for rendered advice. The work emphasizes that legal consultation to a government-client can have such a reverberating impact on taxpayers and require prolonged sacrifice from citizens that certain considerations should elevate the due diligence of the government. Salient variables include the notoriety and acceptance of the advisor’s preexisting legal positions on issues in question, whether the advisor knew guidance on essential policy questions would be used to substantiate government actions or was to be employed for initial cogitation, whether the substance of the legal opinions would be expected to attain accord from the legal community, and whether consultation would fail a common-sense test that could subject government officials to criminal or civil liability.

Sir William Dale

Profile of Sir William Dale, KCMG Director of Studies of the Government Legal Advisers Course since 1976, interviewed at the time his role was about to expand as head of the newly-created Centre for Legislative Studies at IALS. Published in the Profile section of Amicus Curiae - Journal of the Institute of Advanced Legal Studies and its Society for Advanced Legal Studies. The Journal is produced by the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies, University of London.

Balancing privacy rights and legal enforcement: Indonesian practices

This paper describes and analyses privacy protections in Indonesia relating to government legal enforcement, specifically dealing with, government corruption and the procedures for national security investigations. Privacy is a protected fundamental human right regulated by the Constitution of Indonesia. However, with the increased level of corruption and national security issues on the rise in Indonesia, the government has been prompted to apply wiretapping regulations. Thus, paper will discuss the balance between Indonesia’s privacy protection and how the government legal enforces this protection.

How Homelessness Compromises the Exercise of the Rights of Citizenship in Australia

This paper is drawn from an analysis of the impact of the Australian Government's legal, policy and administrative frameworks on the ability of people who are homeless to access entitlements available to all Australian citizens. Despite a claim to legislative protections and anti discrimination statute, this examination reveals a history of exclusion in which the homeless have been denied equal access to such entitlements, dating from pre-federation through the twenty first century. It concludes by posing an alternative way of thinking that has the potential to reframe and redress the failure to protect and enable the exercise of such rights by those who are homeless.

Putting Race and Gender Together: A New Approach To Intersectionality

European anti‐discrimination legislation explicitly calls for member states to consider a legal response to multiple discrimination, either additive (arising from many grounds) or intersectional (a result of an interaction of grounds). In traditional Anglo‐American anti‐discrimination frameworks the structure of separate statutes forces complainants to choose one ground or another. In Britain, cases such as Nwoke v Government Legal Service indicate a judicial willingness to recognise additive discrimination, while cases such as Bahl highlight the difficulties of dealing with intersectionality. This article suggests that to overcome current difficulties with intersectional discrimination, first the qualitative difference of intersectional claims must be clarified; secondly, the logic of immutability underlying grounds must be replaced by one which accommodates intersectionality; and thirdly, a method is required which enables courts systematically to incorporate social context into judicial decision‐making. With these three changes, the qualitative difference of intersectionality can be both understood and activated in the courts.

Strategic adaptations to environments inside China

PurposeThe purpose of this paper is to examine a series of environmental factors and industrial conditions governing the construction industry in China. The outcome of this part of the analysis sheds light on the development of appropriate competitive strategies and important resources and competencies (IRCs) to establish long‐term competitive advantages.Design/methodology/approachThe overarching conceptual framework consists of both external and internal analyses. Since, the scope of work is very broad, the materials presented in this paper is limited to external analysis of environmental factors. The study is primarily derived from a literature review and synthesis of data gathered from various public sources. Certain parts of the analysis utilize frameworks developed by other researchers and selective statistical methods.FindingsSome environmental factors, such as government intervention and legal and regulatory systems require the development of Guanxi (relationships) to cope with. Other factors including market structure, project procurement systems, horizontal market segments related to construction, regional characteristics and upstream and downstream functions within the construction value chain are suggestive of five potential types of competitive strategies: cost leadership, differentiation, market/product diversification, geographical diversification, and vertical/functional integration.Research limitations/implicationsThe research study as a whole is targeted at large construction firms in China that belong to the First class qualification category. Therefore, the proposed competitive strategies and IRCs may not be applicable to small and medium construction enterprises.Originality/valueApplication of strategic management theories and empirical findings related to the Chinese construction industry is lacking. This research fills this gap and builds a foundation for future studies related to this industry.

The Travels, Arrest, and Trial of John H. Surratt (review)

Reviewed by: The Travels, Arrest, and Trial of John H. Surratt Rory T. Conley Isacsson, Alfred . The Travels, Arrest, and Trial of John H. Surratt. (Middletown, New York: Vestigium Press. 2003. Pp. vi, 40. Paperback.) As a one-time associate of John Wilkes Booth and the son of Mary Surratt, John H. Surratt's involvement in the various plots against Lincoln made him a person of interest to government investigators and historians. Originally delivered as an address to the Surratt Society, Isacsson's brief work follows the journeys of Surratt from the moment he first learned of Lincoln's assassination, until November, 1868, when the government's legal proceedings against him were dropped. Isacsson shows that Surratt was aided in his escape from federal authorities by certain Roman Catholic clerics in Canada and Europe. However, in asserting that there was a "clerical connection" involved in aiding Surratt, a former seminarian, Isacsson seems to be trying to prove too much from the admittedly meager documentary trail he had to work with. It would seem that the few priests who helped Surratt did so out of belief in his innocence rather than out of some unproven involvement in the Confederate cause. Indeed, after the hanging of Surratt's mother in the summer of 1865, he probably could have found sympathizers wherever newspapers were read. An interesting essay, Isaccson's work would be of greater interest to the general reader if he had filled in some of the details of the story which evidently were well known to his original audience at the Surratt Society. Rory T. Conley Archdiocese of Washington Copyright © 2006 The Catholic University of America Press

Reluctant Justice: Government Legal Intervention on Behalf of Jews in Imperial Germany

Reluctant Justice: Government Legal Intervention on Behalf of Jews in Imperial Germany

The role of multilateral institutions.

In line with its mission of alleviating poverty through support for environmentally and socially sustainable economic development, The World Bank (along with some other multilateral development banks) is working to help developing countries capture a share of the emerging global market in greenhouse-gas-emissions reductions ('carbon trading'). Under the Kyoto Protocol of the United Nations Framework Convention on Climate Change (UNFCCC), the Joint Implementation instrument and the Clean Development Mechanism now provide an opening for substantial international resource transfers and potential for supporting sustainable development through the transfer of cleaner technologies or sustainable forestry and agro-forestry practices. For example, carbon sequestration represents a non-extractive non-consumptive sustainable use of living natural resources that can be incorporated within a multiple-use 'integrated ecosystem management' approach. The World Bank initiated the Prototype Carbon Fund (PCF) in April 2000, to help spur the development of a global carbon market and to 'learn by doing' how to use carbon-purchase transactions across a range of energy-sector technologies (and some forestry applications) to achieve environmentally credible and cost-effective emissions reductions that benefit developing countries and economies in transition. Building on the success of the PCF ($145 million raised from public and private-sector investors), The World Bank expects to launch two new funds in 2002: the Biocarbon Fund and the Community Development Carbon Fund. These funds will target synergies between carbon markets and objectives such as biodiversity conservation, combating desertification and small-scale community-driven development. Experience from the PCF shows that developing countries can have a comparative advantage in supplying this global market, as emissions reductions can be achieved in developing countries in the range of $3-$5 per ton of CO(2) equivalent, compared with a marginal abatement cost of $10-$15 per ton of CO(2) equivalent in most countries within the Organization for Economic Cooperation and Development. However, realizing this economic potential over the next decade, and targeting the market to the rural poor, will require substantial assistance with project development and government legal and institutional capacity building. Specific needs include raising awareness of the potential of carbon markets at all levels (particularly in energy and land-use sectors), clarifying property rights, particularly in the case of communally held land and resources, ensuring the existence of an attractive investment climate, eliminating policies that create perverse incentives and constraints, and mitigating logistical, political and 'reputational' risks that could deter private-sector investors. It will also be necessary to find ways to reconcile the short-term needs of the rural poor and the typically long-term revenue stream associated with carbon sequestration.

The Courts and Legal Services Bill: A View at Half-Time

By the end of March 1990, the Government's Courts and Legal Services Bill had completed its progress through the House of Lords and awaited its entry into the Commons after Easter. The structure of the Bill emerged relatively unscathed, despite withering attacks by a number of heavyweight Lords, including sustained hostility by at least two Law Lords unaccustomed to unsuccessful intervention in legislative debate. It seems likely that the Government's massive Parliamentary majority will now see the Bill through the House of Commons with relatively little trouble, if not without the occasional battle. This is, therefore, a reasonable time to take stock of legislation likely to reach the statute book in something like its current form. The reader should, however, be wary of detailed references to the Bill. There have been significant amendments to the Bill during its passage through the House of Commons after this article was written but before it is read. BACKGROUND

Policy is what it does: State trading in rural south India

AbstractThis paper explores why the Indian central government's legal obligation to distribute grain is not matched in practice by a right to claim it on the part of those who need grain most. The public distribution of rice is examined at state and village levels using a framework for policy analysis developed by Schaffer. Laws enacted are compared with the political objectives lying behind such legislation. The process of administration of public resources for state trading betrays the unprogressive management of capital and labour and the subordination of state trading to private mercantile interests. The expansion and diffusion of grain allocation is examined via the experience of access of targeted groups in a time of severe drought. The perverse mobilization of grain in scarcity, and its allocation in times of plenty, are mirrored by the reduction of grain quotas in the months of greatest need, and by their restoration afterwards. The ration system is subordinated to a politically more conspicuous child nutrition scheme. But both are affected by the interests of private grain merchants, by the tactics of bureaucratic coercion, by short‐term financial policy and by the use of food as a currency in political transactions between state and central governments. Grain, a symbolically powerful medium of political appeasement, fails to have a socially progressive distributional impact.

Book reviews

Local Government, The Law and the Constitution, Martin Loughlin, Local Government Legal Society Trust, March 1983, pp. 143, £3.50. Financing Regional Government: International Practices and their Relevance to the Third World, K.J. Davey, John Wiley, 1983, pp. 193, £12.95. Housing Law, A. Arden and M. Partington, Sweet and Maxwell, 1983, pp. 1184, £55 (hardback). The Government of Scotland: Patterns of Influence In Public Policy Making, Michael Keating and Arthur Midwinter, Mainstream Publishing, 1983, pp. 214, £9.95. From Policy to Practice, Martin Rein, Macmillan, 1983, pp. xv + 250, £18.00 hardback, £6.95 paperback. Comparative Public Policy: The Politics of Social Choice in Europe and America, 2nd ed., A.J. Heidenheimer, H. Heclo and C. T. Adams, Macmillan, 1983, pp. 367, £15.00 hardback, £5.95 paperback. Policy and Politics in France: Living with Uncertainty, Douglas E. Ashford, Temple University Press, 1982, pp. 345, $29.95 hardback, $12.95 paperback. Policy Advice and Organizational Survival, Michael J. Prince, Gower, 1983, pp. 256, £13.50.

The Written Federal Attorney Examination

NO N SEPTEMBER 26, I942, more than I3,000 lawyers took the written examination for government legal positions conducted by the then Board of Legal Examiners, now the Legal Examining Section of the United States Civil Service Commission. This was probably the largest number ever to participate in a single law examination. The program for placing the government's attorneys under civil service, of which this examination was a part, has been discussed in other articles.' The purpose of this article is to explain the nature of the written examination and the types of questions used. Another, similar examination will probably be offered in the near future, and so prospective candidates particularly may be interested in the nature and results of the past examination. The written test was in itself only the first step in the examining process. Out of the total group those attaining the highest scores in each state-about 3,000 in all-were called for oral examination before state committees made up typically of a judge, a practicing lawyer, and a law professor. These committees further pruned down the group to less than 2,000, who were then placed on the list of those eligible for appointment. All legal positions in the federal government paying $3200 per year or less (not including increases recently granted), with few exceptions, must now be filled from this list. The examination was something of an experiment. The questions differed considerably both in form and in content from the usual law school or bar examination questions. There were eighty legal questions, and four hours' time was allowed for answering these questions. In addition, the examination included eighty verbal questions, to be answered in one hour, and ninety questions on