Practice In Jurisdictions Research Articles

Do Corporate Governance Practices in One Jurisdiction Affect Another One? Lessons from the Panama Papers

Abstract To what extent do corporate governance practices in one jurisdiction affect another? In this paper, we look at the way that Hong Kong’s and the Mainland’s corporate governance practices have co-evolved, along with offshore incorporations from both places. Drawing on empirical illustrations of the data using analytical techniques like differential equations and Fourier Spectral Analysis, we find a strong relationship across time between changes in corporate governance practices in both jurisdictions as well as offshore incorporations. Our data also support the idea of a theory-free equilibrium level of corporate governance (determined by market participants’ own behaviour rather than by a theory-laden econometric model). We show that lethargy likely explains the persistence of corporate governance practices in both places, with innovations in one place correlating with innovations in the other. Such work clearly implies that corporate governance improvements in one place can help encourage such improvements in other markets which have not adopted laws aimed at improving corporate governance.

Random drug and alcohol testing for preventing injury in workers

Background Drug- and alcohol-related impairment in the workplace has been linked to an increased risk of injury for workers. Randomly testing populations of workers for these substances has become a practice in many jurisdictions, with the intention of reducing the risk of workplace incidents and accidents. Despite the proliferation of random drug and alcohol testing (RDAT), there is currently a lack of consensus about whether it is effective at preventing workplace injury, or improving other non-injury accident outcomes in the work place. Objectives To assess the effectiveness of workplace RDAT to prevent injuries and improve non-injury accident outcomes (unplanned events that result in damage or loss of property) in workers compared with no workplace RDAT. Search methods We conducted a systematic literature search to identify eligible published and unpublished studies. The date of the last search was 1 November 2020. We searched the Cochrane Central Register of Controlled Trials (CENTRAL), MEDLINE, Embase, two other databases, Google Scholar, and three trials registers. We also screened the reference lists of relevant publications known to us. Selection criteria Study designs that were eligible for inclusion in our review included randomised controlled trials (RCTs), cluster-randomised trials (CRTs), interrupted time-series (ITS) studies, and controlled before-after (CBA) studies. Studies needed to evaluate the effectiveness of RDAT in preventing workplace injury or improving other non-injury workplace outcomes. We also considered unpublished data from clinical trial registries. We included employees working in all safety-sensitive occupations, except for commercial drivers, who are the subject of another Cochrane Review. Data collection and analysis Independently, two review authors used a data collection form to extract relevant characteristics from the included study. They then analysed a line graph included in the study of the prevalence rate of alcohol violations per year. Independently, the review authors completed a GRADE assessment, as a means of rating the quality of the evidence. Main results Although our searching originally identified 4198 unique hits, only one study was eligible for inclusion in this review. This was an ITS study that measured the effect of random alcohol testing (RAT) on the test positivity rate of employees of major airlines in the USA from 1995 to 2002. The study included data from 511,745 random alcohol tests, and reported no information about testing for other substances. The rate of positive results was the only outcome of interest reported by the study. The average rate of positive results found by RAT increased from 0.07% to 0.11% when the minimum percentage of workers who underwent RAT annually was reduced from 25% to 10%. Our analyses found this change to be a statistically significant increase (estimated change in level, where the level reflects the average percentage points of positive tests = 0.040, 95% confidence interval 0.005 to 0.075; P = 0.031). Our GRADE assessment, for the observed effect of lower minimum testing percentages associating with a higher rate of positive test results, found the quality of the evidence to be 'very low' across the five GRADE domains. The one included study did not address the following outcomes of interest: fatal injuries; non-fatal injuries; non-injury accidents; absenteeism; and adverse effects associated with RDAT. Authors' conclusions In the aviation industry in the USA, the only setting for which the eligible study reported data, there was a statistically significant increase in the rate of positive RAT results following a reduction in the percentage of workers tested, which we deem to be clinically relevant. This result suggests an inverse relationship between the proportion of positive test results and the rate of testing, which is consistent with a deterrent effect for testing. No data were reported on adverse effects related to RDAT. We could not draw definitive conclusions regarding the effectiveness of RDAT for employees in safety-sensitive occupations (not including commercial driving), or with safety-sensitive job functions. We identified only one eligible study that reflected one industry in one country, was of non-randomised design, and tested only for alcohol, not for drugs or other substances. Our GRADE assessment resulted in a 'very low' rating for the quality of the evidence on the only outcome reported. The paucity of eligible research was a major limitation in our review, and additional studies evaluating the effect of RDAT on safety outcomes are needed.

АДМІНІСТРАТИВНО-ПРАВОВІ ПЕРЕДУМОВИ ПОЛІТИКИ ДЕРЖАВИ У СФЕРІ ПРАЦІ

Modern approaches in the explanation of Ukrainian state policy in the field of labor, as a rule, are based on the constitutional principles and normative-legal acts, regulating a wide range of social and labor relations. The available arsenal of explanations of state policy has different in content interpretations, with the help of which means and goals, aimed at the implementation of state tasks, which are complex in nature and require legal regulation, are denoted. Among the political, economic and social prerequisites for the formation and implementation of state policy, an important place belongs to the justification of the authoritative nature of state activity aimed at the regulation of social relations, among which should be highlighted relations in the field of labor. The essence of state power to implement tasks in the field of labor reveals not only the socio-political significance, but also indicates the presence of administrative and legal filling of certain provisions of legal regulation of social and labor relations, closely related to employment and employment employment of the population, its participation in the creation of the national material base, which is the basis of the social welfare of the population. Political decisions of the state in the field of labor are carried out by public authorities, which use forms and methods of administrative and legal regulation, its mechanism, which in most cases does not contradict the legal provisions enshrined in the Constitution of Ukraine. At the same time, the spread of state policy in the domestic administrative and jurisdictional practice is one of the conditions requiring the study of the nature, features, purpose and application of administrative and legal regulation of relations in the field of labor.

Civil Procedural Capacity: Classification and Legal Regulation Features

Based on the analysis of the existing practice of general jurisdiction courts the article critically examines the institution of civil procedural capacity, which is one of the foundations of civil procedural law that mediates the citizens' exercise of the constitutional right to judicial protection of rights, freedoms and legal interests. Civil procedural capacity, regulated by the rules of the Civil Procedure Code of the Russian Federation, has a significant difference, which consists in isolating the right to entrust a case to a representative from other procedural rights of a person participating in the case. This feature largely determines the specifics of the application of this legal institution. The author proposed a classification of civil procedural capacity, based on the criteria of the age, the volume of procedural rights and obligations of persons involved in the case, as well as the presence of special conditions. The study makes it possible to identify significant problems of legal regulation of the institution of civil procedural capacity, its ambiguous interpretation, as well as multi-directional development of the relevant practice of courts of general jurisdiction.

Axiology of human rights on the premises and determinants of contemporary discourse in the philosophy of international law

Considering the pluralism of the axiological sources of human rights, we claim that it is necessary to realize that we are facing at the moment an analytic extension of both the “number” of human rights (appearance of new generations of human rights), as well as the “quantitative quality” of human rights due to newly uncovered axiological sources such as the appearance of new values or a redefinition of existing ones. In the presented context of the axiology of human rights and the axiology of their protection, it is easy to observe the axiological pluralism of the two spheres as well as numerous attempts to make the exegesis and interpretation both relative and instrumental1 in a domestic, European, and international sphere. Attempts to limit human rights in a camouflaged manner in the jurisdiction practice of particular states are quite abundant and an axiological justification of legal solutions that would make the implementation and protection of those rights (in particular those of the third, fourth and fifth generations) ineffectual—de facto (not de iure, since from a formal and legal point of view they correspond to declared rights and, without exception, the protected ones) is the guarantee of community security and, paradoxically, the protection of other people (i.e., the protection of religious sentiments, family, public morality based usually on the rules of the dominant religion). When transposing these problematics from the state perspective to the intra- and trans-state level, we need to demonstrate that in the international law of protection of human rights, limitation of these rights may also take place as a result of extra-normative factors due to so-called “instrumental relativism”, applied in the function of current political interests for which intrinsic human dignity happens to be infringed. We also claim that the active factor of that critical crossing point is not faults in the law or its interpretation, nor is it faults of ethics, but rather the faults of what is going on within so-called Realpolitik.

La construcción de ámbitos de justicia

This essay constitutes a contribution to think about the agonistic nature of the judicial discursive field, where positions or points of resistance establish relations of force where they struggle to formalize a certain ambit of justice. We direct our reflection to understand the functioning of modern litis from recognizing it in traces that offer works of Greek tragedy. The dramatic account of court scenes of Greek pre-law and Athenian popular justice represent inputs for the necessary elaboration of a genealogy of a judicial controversy that transmutes violence into law. The objective of this reflection is to contribute to a critical, insipient view that does not address the practice of jurisdiction without displacing the limits that normativist positivism has imposed on the analysis of its strategic modality.

Economics of US State and Local Regulation of Farm Practices, with Emphasis on Restrictions of Interstate Trade

This review focuses on the economics of policies in US states (or localities) that have regulated farm practices and related behavior. Some of these policies represent long-standing policies to govern the nature of farm organization, such as regulation of corporate ownership, investment, or organization. Other more recent policies attempt to affect specific scientific innovations, such as the use of seeds developed using modern biology (e.g., foods from genetically modified organisms). Another recent group of state laws and regulations addresses treatment of farm animals. Finally, treatment of the production and marketing of marijuana is the most recent state agricultural regulation to spark widespread interest and controversy. State and local regulations of farm practices are of broad practical interest because they affect markets beyond their jurisdictions. Broad concerns also follow if the regulations set legal or political precedents, or when rules apply to farm practices in outside jurisdictions.

Educating the physical security professional: developing a science-based curriculum

Within the security stratum is the jurisdictional practice of physical security; however, physical security is not currently a recognised professional undertaking. Professional standing is a social recognition, designated by the public and legal arenas. Yet the physical security practitioner is instrumental in addressing security concerns. Therefore, this study extends a recent article by Coole et al. (Secur J 1–29, 2016) to articulate educational learning objectives within a formal knowledge structure. The study applied a cultural domain analysis, using security expert focus groups to develop a physical security knowledge system. Findings indicated that knowledge subjects should be aligned in order to diagnose the security problem, inference an optimal resolution and identify treatment strategies. The study articulated the overarching physical security learning objectives, using a top-down structure and underpinned by subject learning objectives. The adoption of standardised learning objectives, based on clear content requisites, would represent a significant step forward in the professionalisation of the physical security professional.

AN ANALYSIS OF PRIMARY CARE ELEMENTS OF INNOVATIVE PERSONALISED, COMMUNITY-BASED SUPPORTS FOR PEOPLE WITH DEMENTIA AND THEIR FAMILIES/CARERS IN IRELAND

Dementia is recognised as a public health priority (WHO). Close collaboration and multi-disciplinary team work are best practice in dementia care in the community, however we don't know how this is best done or how to sustain innovative, successful practice. The aim of this research was to (i) explore service providers' descriptions of innovative primary care elements of multidisciplinary community based supports and services for dementia, (ii) examine the extent to which they fit with good practice in other jurisdictions and (iii) identify levers and barriers to the sustainability of these new ways of working. In this qualitative comparative case study, purposeful sampling was employed to recruit community based service providers (n=14) who were involved in innovative dementia services in HSE West and HSE South. Data was generated about structures and processes of the services using semi-structured interviews, and analysed using inductive thematic analysis. Data was examined in relation to the international literature about dementia care by exploring the extent to which these structures and processes fit with good practice in other jurisdictions. The data was also examined in relation to literature about the introduction of innovative service, specifically by drawing on Normalisation Process Theory (NPT). Member checking was used to verify the authenticity of the analysis. (i) The development and implementation of a mobile memory clinic, a GP practice dementia register, multidisciplinary dementia care review meetings and dementia training and education initiatives were described. (ii) The design of these services overall was a good fit with best practice internationally particularly when they intersect with GPs and Primary Care Teams. (iii) Close connections with GPs and Primary Care Teams emerged as a strong lever to successful implementation and sustainability of these innovations. However, over-reliance on time given voluntarily by service providers to drive forward and embed these innovations in practice could serve as a barrier. Innovative services with significant primary care elements that intersect with existing primary care structures and resources are likely to serve an important role in developing a whole community response to dementia.

Sovereignty, Territoriality, and the Enforcement of Foreign Judgments

Over the course of the twentieth century, the effect of state boundaries as hard-and-fast limits on judicial and legislative jurisdiction steadily eroded. International Shoe Co. v. Washington stands as a landmark precedent, replacing traditional requirements that the defendant or the defendant’s property be present in the forum state at the outset of litigation with a regime requiring only that the defendant have certain “minimum contacts” with the forum. That case, concerned with personal jurisdiction over a corporation, was consistent with similar transformations elsewhere: personal jurisdiction over natural persons, choice of law, and extraterritorial application of forum statutory law. Altogether, these developments are part of a wider revolution in jurisdictional practices, which began before World War II with Legal Realism and continued into the last decades of the twentieth century. It may therefore come as something of a shock to discover that strict territorial limits on sovereign power have never been abandoned - in fact, never seem to have been questioned - as an absolute prerequisite for enforcement of judgments. Enforcement of a judgment, and especially a foreign judgment, does not become possible until the defendant or the defendant’s property can be found within the enforcing forum at the onset of enforcement proceedings. The original adjudicating court (conventionally designated F1) might be able to invoke liberal and flexible concepts of judicial and legislative jurisdiction and so reach a wider range of matters than would have traditionally been possible, but the enforcing court (F2) cannot. Put differently, F1 cannot also serve as F2 unless it meets standards of presence and territoriality. Presence of the defendant or the defendant’s property within F2 remains a prerequisite for enforcement of judgments there. Despite a century of erosion and decay in F1, the strict territorial theory remains alive and well in F2. This article seeks to explain the persistence of strict territoriality as a limit on the enforcement of judgments.

Mobility Transitions: Planning for Post-Driving

Background Seniors are the fastest growing segment of the driving population and driving is a key component of independence, lifestyle and social engagement. However, driving cessation is almost inevitable and is associated with health declines for older adults as measured by indicators such as decline in cognitive abilities, diminished physical and social functioning, depression, greater risk of long term care entry, and mortality. Sedentary behavior is an important risk factor for chronic disease morbidity and mortality; however, there is encouraging evidence that suggests that levels of physical activity may provide protection from certain chronic diseases. Keeping seniors active and mobile is essential for health and social well being. In Canada, the leading cause of accidental deaths for persons 65 to 75 is driving-related accidents. This problem is likely to increase given the doubling of the population by 2040. The Older Driver Blueprint initiative provides a strategy designed to reduce crashes of older drivers and support the transition to driving cessation. The Blueprint's focus is on maintaining safe driving practices which contribute to healthy living and wellbeing, injury prevention, reduced mortality and enhanced public safety. Additionally, the supports for continued driving are a key mechanism for supporting our older population when they stop driving. But how well are we doing in implementing relevant strategies and are we seeing any benefits? Methods My research approach is an implementation assessment of Canadian jurisdictions and a literature review of evaluation research. A content analysis of jurisdictional websites and publicly available documentation demonstrates what types of initiatives have been implemented. The searches include provincial, local government and non-profit organizations. Interviews are conducted with jurisdictional representatives to confirm the scope of implementation and the availability of evaluation research and data. These data are analyzed further to determine future trends and the direction for future policy and program development. Results While much has been written, less has been implemented. There are many local, non-profit, and educational programs offered, but jurisdictional programs and practices appear to be fragmented with little focus on the overall mobility and health needs of older adults. Government leadership and initiative are lacking to collectively mobilize resources. Data analysis will provide an assessment of implementation against the Blueprint strategies. Conclusions There should be a concerted focus by all stakeholders to collaborate on action within a multi-disciplinary and holistic context. For example, urban and transportation planning are key areas for further policy development with respect to senior mobility. Reaching aging drivers is at best ad hoc even though data exists to identify them and develop strategies for outreach, communication, education and training.

Assessing the facilitators and barriers of interdisciplinary team working in primary care using normalisation process theory: An integrative review.

BackgroundInterdisciplinary team working is of paramount importance in the reform of primary care in order to provide cost-effective and comprehensive care. However, international research shows that it is not routine practice in many healthcare jurisdictions. It is imperative to understand levers and barriers to the implementation process. This review examines interdisciplinary team working in practice, in primary care, from the perspective of service providers and analyses 1 barriers and facilitators to implementation of interdisciplinary teams in primary care and 2 the main research gaps.Methods and findingsAn integrative review following the PRISMA guidelines was conducted. Following a search of 10 international databases, 8,827 titles were screened for relevance and 49 met the criteria. Quality of evidence was appraised using predetermined criteria. Data were analysed following the principles of framework analysis using Normalisation Process Theory (NPT), which has four constructs: sense making, enrolment, enactment, and appraisal. The literature is dominated by a focus on interdisciplinary working between physicians and nurses. There is a dearth of evidence about all NPT constructs apart from enactment. Physicians play a key role in encouraging the enrolment of others in primary care team working and in enabling effective divisions of labour in the team. The experience of interdisciplinary working emerged as a lever for its implementation, particularly where communication and respect were strong between professionals.ConclusionA key lever for interdisciplinary team working in primary care is to get professionals working together and to learn from each other in practice. However, the evidence base is limited as it does not reflect the experiences of all primary care professionals and it is primarily about the enactment of team working. We need to know much more about the experiences of the full network of primary care professionals regarding all aspects of implementation work.Systematic review registrationInternational Prospective Register of Systematic Reviews PROSPERO 2015: CRD42015019362.

Negligence per se in the United States

Negligence per se in the United States

Trust or Legal Person: A Brief Review of the Organizational Features of Western Political Thoughts

Trust law as a unique legal regime in common law world has deeply influenced the legal and political practices in Anglo-American legal system. By contrast, the regime of legal person formed a series of distinctive legal theories and political practices in Continental jurisdictions. From the perspective of organizational law, this essay explores the different governance mechanisms of Anglo-American constitutionalism and Continental political traditions, and re-explains why historically the common law countries have advantages in democratic politics.

Конституционный Суд в системе юрисдикционных органов (о «богоугодных грехах» конституционного правосудия)

Analyzing the place and role of the Constitutional Court of the Russian Federation in the institutional system of national and supranational jurisdictions, there is the author’s approach to the study of this institution in particular through the prism of the so-called constitutional paradoxes (“godly sins”) of the constitutional justice. Among them: legal involvement of the Constitutional Court of the Russian Federation in the resolution of important constitutional questions at the intersection of law and policy; entering into the system of justice and at the same time transcending it as the trial of the government and the law; the legal force of the final acts, which are not laws, can be above the law; the stability of the Constitution in conjunction with socio-historical dynamism, the problems of guaranteeing its supremacy in collaboration with supranational jurisdiction, the need to ensure by the constitutional justice of the Constitutions’ supremacy in collaboration with the international-legal regulation and supranational jurisdictional practices. The article explains that the status characteristics of the national organs of constitutional justice, manifested in the contemporary world order and in relations with bodies of international jurisdiction, have a constitutional good nature and serve as a confirmation of the special role of these bodies in the justice system in modern constitutional democracies.

VAT Concept on Place of Use or Consumption – The Case of Kenya

The determination of the place of use or consumption of services for VAT purposes has been a subject of contention for years in Kenya. A major issue is that, due to a lack of clarity in the Kenyan VAT legislation, taxable persons feel that tax authorities do not distinguish between “performance” and “consumption” when implementing the destination principle. Against this background, the author addresses the need, in general, for Kenya to adopt international best practices in line with the OECD International VAT/GST Guidelines. In particular, this article aims to enhance the discussion on the need for place-of-use or consumption guidelines in Kenya, by highlighting the practices in other jurisdictions as well as the challenges faced by the business community. It is also expected to be a useful guide for the National Treasury and National Assembly as they review the draft Kenyan VAT regulations.

External specialist support for school self-evaluation: Testing a model of support in Irish post-primary schools

With an increasing emphasis on school self-evaluation as a mechanism for school improvement, many countries provide a range of supports to guide schools through the self-evaluation process. While models of support vary across jurisdictions, there are a number of common approaches that prevail, including the provision of an external specialist to support the school self-evaluation process. However, there is very little research carried out in relation to models of external specialist support for school self-evaluation. Building on previous research this article explores the implementation of a specific model of external specialist support for school self-evaluation in five Irish post-primary schools (student age cohort 12–18 years). This model differs from the standard set of supports provided by the Department of Education and Skills to schools in Ireland. The model was developed and facilitated by a researcher from the Dublin City University, Centre for Evaluation, Quality and Inspection. An action research methodology was used to implement and test the model of support in five schools and the related findings are outlined. While the findings are relevant to the Irish context they may have a wider application for self-evaluation policy and practice in other jurisdictions. The model may have particular relevance for jurisdictions where self-evaluation is being introduced for the first time or where implementation issues exist.

Do Corporate Governance Practices in One Jurisdiction Affect Another One? Lessons from the Panama Papers

To what extent do corporate governance practices in one jurisdiction affect another? In this paper, we look at the way that Hong Kong’s and the Mainland’s corporate governance practices have co-evolved, along with offshore incorporations from both places. Drawing on empirical illustrations of the data using analytical techniques like differential equations and Fourier Spectral Analysis, we find a strong relationship across time between changes in corporate governance practices in both jurisdictions as well as offshore incorporations. Our data also support the idea of a theory-free equilibrium level of corporate governance (determined by market participants’ own behaviour rather than by a theory-laden econometric model). We show that lethargy likely explains the persistence of corporate governance practices in both places, with innovations in one place correlating with innovations in the other. Such work clearly implies that corporate governance improvements in one place can help encourage such improvements in other markets which have not adopted laws aimed at improving corporate governance.

Interrogation Law and Practice in Common Law Jurisdictions

Interrogation Law and Practice in Common Law Jurisdictions

Predictors of public support for nutrition-focused policy, systems and environmental change strategies in Los Angeles County, 2013

BackgroundSince 2010, federal and local agencies have invested broadly in a variety of nutrition-focused policy, systems and environmental change (PSE) initiatives in Los Angeles County (LAC). To date, little is...