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Article
Publication date: 1 June 2001

Tom “Tad” Hughes

Civil liability is a concern of all police agencies. Research has tended to focus on the extent of liability and factors that lead tocivil suits. However, few have studied…

1652

Abstract

Civil liability is a concern of all police agencies. Research has tended to focus on the extent of liability and factors that lead tocivil suits. However, few have studied howofficers perceive civil liability issues. This article explores how officers perceive the impact of civil liability on their actions in the field. Furthermore, it considers how officers feel about administrative measures used by departments to reduce liability.

Details

Policing: An International Journal of Police Strategies & Management, vol. 24 no. 2
Type: Research Article
ISSN: 1363-951X

Keywords

Article
Publication date: 1 April 2000

The Committee has considered the present state of English civil law in relation to remedies available to victims of money laundering. We summarise here the relevant rules and…

Abstract

The Committee has considered the present state of English civil law in relation to remedies available to victims of money laundering. We summarise here the relevant rules and principles of English law. See ‘Summary of the current legal position’ below.

Details

Journal of Money Laundering Control, vol. 4 no. 2
Type: Research Article
ISSN: 1368-5201

Article
Publication date: 22 February 2013

Shih‐hung Chang

There are few papers which deal with professional liability for buildings when architects and engineers (AEs) face disaster risks. The purpose of this paper is to find out the…

Abstract

Purpose

There are few papers which deal with professional liability for buildings when architects and engineers (AEs) face disaster risks. The purpose of this paper is to find out the main legal risks for practitioners.

Design/methodology/approach

This paper uses t‐tests and ANOVA to investigate the impacts of earthquake on four areas: the number of architects or engineers who were sued; the time to appeal cases; the conviction rate in final judgments; and the number of public or private projects filed.

Findings

The results show that design professionals have a high burden of legal liability risks that were substantially increased by the Chichi earthquake. The following risks have significant impact: architects are burdened with higher civil liability than engineers; civil liability cases are more complicated; criminal cases have high conviction rates; and more liability cases are filed for private projects.

Research limitations/implications

The following phenomena are worth further examination: the influenced of collectivism on AE defendants’ behaviour; and the legal tactics of plaintiffs in civil litigation, who may file parallel criminal liability cases to increase their compensation.

Practical implications

This paper contributes to the evidence of the kinds of liability which have high legal risks in practice, thus evaluating legal costs accurately in contractual negotiation.

Originality/value

It enriches AEs’ continuing education and engineering programs by strengthening the teaching materials on legal liability risks under earthquake attack.

Details

Engineering, Construction and Architectural Management, vol. 20 no. 2
Type: Research Article
ISSN: 0969-9988

Keywords

Article
Publication date: 1 February 2004

Lucie Thébault

Evaluates the effects of shipwrecks and peoples’ reactions following them, with regard to their feelings of preventability on someone’s part. In particular to the Erika in 1989…

1551

Abstract

Evaluates the effects of shipwrecks and peoples’ reactions following them, with regard to their feelings of preventability on someone’s part. In particular to the Erika in 1989, and the Prestige in 2002. The European Union (EU), which theretofore seemed to be neglecting maritime safety appears to have developed a maritime culture. The EU seems to have adopted the International Maritime Organisation’s (IMO) attitude regarding safety protocols, which must be a right and proper thing to do. Concludes that shipping has needed, and is now receiving, a proactive approach with regard to safety from the EU which should limit, as far as possible, disasters of both a human and ecological kind for the maritime world.

Details

Managerial Law, vol. 46 no. 1
Type: Research Article
ISSN: 0309-0558

Keywords

Article
Publication date: 1 January 1979

In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still…

Abstract

In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still be covered by the Act if she were employed on like work in succession to the man? This is the question which had to be solved in Macarthys Ltd v. Smith. Unfortunately it was not. Their Lordships interpreted the relevant section in different ways and since Article 119 of the Treaty of Rome was also subject to different interpretations, the case has been referred to the European Court of Justice.

Details

Managerial Law, vol. 22 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 21 September 2012

Qian Tao

The paper aims to outline the legal framework with regards to the civil liability of online intermediaries for users' misconduct in China, to analyze the problems in applying the

1006

Abstract

Purpose

The paper aims to outline the legal framework with regards to the civil liability of online intermediaries for users' misconduct in China, to analyze the problems in applying the rules related, and to introduce recent efforts from the State Council, the Supreme People's Court and legislature to combat online misconduct.

Design/methodology/approach

The paper intends to introduce these rules by studying the legislative history and several important case decisions. Comparisons with European and American approaches have also been made with regard to the self‐regulation issue.

Findings

Chinese courts have made many inconsistent decisions on the liabilities of online intermediaries in the past, but the legal framework is improving and the situation will become better given more clarifications from the Supreme People's Court. The State proactively promotes industry self‐regulation, together with public supervision in order to ensure the enforcement of rules.

Research limitations/implications

This paper gives a systematical analysis and thorough introduction to online intermediaries' liability since the first case in 1990s to the latest report, law amendment and provisions before July 2012 in China.

Originality/value

Cyberspace is an international community, thus, the worldwide harmonisation of cyber law shall be approached. An introduction of the Chinese legal framework and any latest updates from the State would be valuable for foreign policy makers and foreign online service providers to learn the Chinese situation and evaluate the Chinese internet market.

Details

info, vol. 14 no. 6
Type: Research Article
ISSN: 1463-6697

Keywords

Article
Publication date: 1 March 2005

Carol A. Archbold

To present qualitative data illustrating how some of the largest law enforcement agencies in the USA use risk management in their efforts to control police liability.

11798

Abstract

Purpose

To present qualitative data illustrating how some of the largest law enforcement agencies in the USA use risk management in their efforts to control police liability.

Design/methodology/approach

To explore this topic, two main data sources were utilized: telephone interviews with 354 law enforcement agencies identified the prevalence of the use of risk management by police agencies; and survey data from police agencies provided descriptive information about the roles, duties, and placement of risk managers within each police organization.

Findings

Telephone interviews revealed that 14 of the 354 (0.039 percent) law enforcement agencies identified risk management as one of several tools they use to control police‐related liability within their organizations. This finding is surprising, given the increase in costs associated with settlements/payouts for police‐involved litigation and liability claims over the past few decades.

Research limitations/implications

Future research should identify the reasons why police agencies choose not to use risk management in their police liability management efforts. In addition, future research should explore how the characteristics of city government and/or political culture are associated with the use of risk management by law enforcement agencies.

Practical implications

This paper can serve as a basic resource for police scholars and practitioners, city/county attorneys, risk managers, and various other city/county agents that are interested in learning about risk management as a way to manage police liability.

Originality/value

This paper presents the first national study of risk management in police agencies in the USA.

Details

Policing: An International Journal of Police Strategies & Management, vol. 28 no. 1
Type: Research Article
ISSN: 1363-951X

Keywords

Article
Publication date: 9 October 2007

Verine Etsebeth

The purpose of this research is to show that companies world‐wide are being placed under increasing pressure by an onslaught of cyber risks and malware is one of the most common…

2196

Abstract

Purpose

The purpose of this research is to show that companies world‐wide are being placed under increasing pressure by an onslaught of cyber risks and malware is one of the most common sources of security failures at present. The position in South Africa is no exception and malware presents a very real danger to corporate South Africa's information assets, resources and systems, as it has the capacity to undermine firewalls, hijack Virtual Private Networks (VPN's) and defeat digital signatures. The threats associated with malware have several salient legal issues embedded in it and these are elaborated in the paper. Unfortunately, corporate South Africa is still largely ignorant of the range of tools available to the “Darkside” and the potential legal consequences which may ensue if this cyber risk materialises. The article helps in the understanding of the problem.

Design/methodology/approach

This paper examines malware, and more specifically legal liability for malware from a South African perspective. The account contained in this contribution deals with the question whether or not a company who falls victim to a malware attack or unwillingly facilitates such an attack, may be held legally liable. This is done by giving a brief overview of the nature of the cyber risk malware, before moving on to observe the consequences which may ensue if a malware attack occurs. Corporations who fall victim to malware attacks or unwittingly facilitates such an attack may suffer: direct damage; indirect damage; and physiological damage.

Findings

It will be pointed out that malware attacks may result in legal liability in civil law for the “victim” company because of its failure to take reasonable steps to secure the information assets, resources and systems of the company.

Research limitations/implications

It will furthermore be observed that companies who unwillingly facilitate malware attacks, where for instance the company's own employee uses company resources to launch a virus attack, may be faced with legal liability in the form of vicarious liability.

Practical implications

Suggestions are made on how to avoid legal liability for failed information security.

Originality/value

No such a study has yet been undertaken in South Africa as most view the law and technology as strange and perhaps dangerous bedfellows. The study will also be of use, value and interest to the library and information community outside South Africa since it raises an issue of real significance.

Details

The Electronic Library, vol. 25 no. 5
Type: Research Article
ISSN: 0264-0473

Keywords

Article
Publication date: 1 January 1975

Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis…

Abstract

Knight's Industrial Law Reports goes into a new style and format as Managerial Law This issue of KILR is restyled Managerial Law and it now appears on a continuous updating basis rather than as a monthly routine affair.

Details

Managerial Law, vol. 18 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 February 1995

Barry A.K. Rider

Enforcement as a concept imports compulsion to comply with a particular norm. Of course, the nature of enforcement might vary considerably with the norm in question or society…

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Abstract

Enforcement as a concept imports compulsion to comply with a particular norm. Of course, the nature of enforcement might vary considerably with the norm in question or society within which action is desired. Professor Gower, in his ‘Review of Investor Protection’, expressed the view that a rule that could not be or was not enforced brought the system, within which that rule was supposed to operate, into disrepute. Whether this is true or not may be a matter for debate. Most systems of control envisage rules that in practical terms are unenforceable, but that are expected to have a normative or educational effect. Such functions, in the context of securities regulation, may be thought to be of some significance. Thus, the fact that simply because a rule cannot either in its terms or in practice be sanctioned by a predictable and determinate action intended to promote compliance, does not necessarily undermine that rule let alone the system within which it exists. To assume without more that a rule that cannot be enforced is not a legal rule, or to be precise a rule of law, while no doubt appealing enough to the positivist school of jurisprudence, is simplistic and outdated. Furthermore, in the context of the sort of economic regulation that we are discussing, whether a rule is characterised as one of law or not may or may not have significance. While there is a problem with determining the appropriate degree of interface between rules bearing differing qualities, purely in terms of achieving a defined regulatory objective it might well be that a rule which is not law in the formal sense of having been promulgated by an authority with legislative power, promotes a satisfactory degree of compliance. Therefore, many of the rules that pertained prior to the creation of the regime of regulation under the Financial Services Act 1986 were essentially non‐legal in the sense that they did not carry determinate sanctions ordained by a legal process consequent upon a violation and were not promulgated by an authority with legislative power. However, to dismiss them because they were unenforceable at law would give a very false picture of the efficacy of what was for many years a satisfactory regulatory structure. Even today, although the interrelationships of legal and non‐legal rules is very much more complex, it is still the case that significant areas of regulation have been left to non‐legal authorities.

Details

Journal of Financial Crime, vol. 3 no. 1
Type: Research Article
ISSN: 1359-0790

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