scholarly journals Lawyer disciplinary processes: an empirical study of solicitors’ misconduct cases in England and Wales in 2015

Legal Studies ◽  
2019 ◽  
Vol 39 (3) ◽  
pp. 455-478 ◽  
Author(s):  
Andrew Boon ◽  
Avis Whyte
Keyword(s):  
Empirical Study ◽  
Empirical Evidence ◽  
Legal Services ◽  
England And Wales ◽  
The Future ◽  
Regulatory Institutions ◽  
Disciplinary System ◽  
The Impact ◽  
Practice Regulation

AbstractThe Legal Services Act 2007 effected major changes in the disciplinary system for solicitors in England and Wales. Both the practice regulator, the Solicitors Regulation Authority, and a disciplinary body, the Solicitors Disciplinary Tribunal, were reconstituted as independent bodies and given new powers. Our concern is the impact of the Act on the disciplinary system for solicitors. Examination of this issue involves consideration of changes to regulatory institutions and the mechanics of practice regulation. Drawing on Foucault's notion of governmentality, empirical evidence drawn from disciplinary cases handled by the Solicitors Disciplinary Tribunal and the Solicitors Regulation Authority in 2015 is used to explore potentially different conceptions of discipline informing the work of the regulatory institutions. The conclusion considers the implications of our findings for the future of the professional disciplinary system.

scholarly journals Love in the time of Covid-19: a case-study of the complex laws governing weddings

Legal Studies ◽  
2021 ◽  
pp. 1-17
Author(s):  
Rebecca Probert ◽  
Stephanie Pywell
Keyword(s):  
First Century ◽  
Marriage Law ◽  
England And Wales ◽  
General Law ◽  
The Social ◽  
The Future ◽  
Fit For Purpose ◽  
The Law ◽  
The Impact

Abstract During 2020, weddings were profoundly affected by the Covid-19 pandemic. During periods of lockdown few weddings could take place, and even afterwards restrictions on how they could be celebrated remained. To investigate the impact of such restrictions, we carried out a survey of those whose plans to marry in England and Wales had been affected by Covid-19. The 1,449 responses we received illustrated that the ease and speed with which couples had been able to marry, and sometimes whether they had been able to marry at all, had depended not merely on the national restrictions in place but on their chosen route into marriage. This highlights the complexity and antiquity of marriage law and reinforces the need for reform. The restrictions on weddings taking place also revealed the extent to which couples valued getting married as opposed to having a wedding. Understanding both the social and the legal dimension of weddings is important in informing recommendations as to how the law should be changed in the future, not merely to deal with similar crises but also to ensure that the general law is fit for purpose in the twenty-first century.

scholarly journals Servant leadership, team-based learning and hope and optimism: A sectoral comparative study

2021 ◽  
Vol 52 (1) ◽  
Author(s):  
Anton Grobler ◽  
Aden-Paul Flotman
Keyword(s):  
Servant Leadership ◽  
Empirical Evidence ◽  
Future Orientation ◽  
Well Being ◽  
Total Sample ◽  
Cross Sectional ◽  
Team Based Learning ◽  
The Future ◽  
Private And Public ◽  
The Impact

Purpose: This is an era of unprecedented turbulence. The current coronavirus disease 2019 (Covid-19) global pandemic testifies to this turmoil as, daily, the unknown dynamically unfolds. It is important during challenging times like these that leadership and organisational response enhance a shared positive vision for the future of humanity. This study aimed at determining the role played by servant leadership (SL) in promoting employee well-being, specifically, a positive future expectation in terms of hope and optimism (HO), as well as the impact that team-based learning (TBL) has on this relationship, and whether this is the same for both the private and public sectors.Design/methodology/approach: This study employed an empirical paradigm, using a cross-sectional design and quantitative analysis. The total sample consisted of 1560 participants, with 780 employed in the private and public sector, respectively.Findings/results: The results suggest that both SL and TBL have a significant impact on employees’ HO, with TBL being a mediating variable and with stronger relationships reported for the private sector. Technically, the TBL instrument employed was validated for South African use and the study included a statistical assessment of common method bias, which was found not to skew the results.Practical implications: This study provides further empirical evidence that SL is positively associated with HO. Secondly, the future-mindedness and future-orientation of HO could stimulate adaptive responses during this time of uncertainty and turmoil. Thus, HO, as potential resilience factors, could generate resilience by harnessing opportunities and setbacks both during the Covid-19 pandemic and in its aftermath.Originality/value: The practical value of this article is in the empirical evidence that both the leaders and the organisation have an impact on the employees’ wellness and positive work attitudes.

scholarly journals Interest Rate Liberalization and Commercial Banks Profitability: Evidence from China

2020 ◽  
Vol 12 (5) ◽  
pp. 90
Author(s):  
Lai Ying
Keyword(s):  
Interest Rate ◽  
Empirical Study ◽  
Interest Rates ◽  
Commercial Banks ◽  
Well Being ◽  
Key Factors ◽  
Interest Rate Liberalization ◽  
Production Growth ◽  
The Future ◽  
The Impact

Enhanced profitability is an important guarantee to improve the well-being of people and better exert the functions of commercial banks in promoting economic, social and production growth on the premise of the existence and development of commercial banks. Interest rate liberalization is one of the key factors which can affect the profitability of commercial banks. An empirical study is thus carried out on 16 Commercial banks (from 2007 to 2018) to analyze the impact of interest rate liberalization on the profitability of commercial banks. We draw main conclusions from this study: (1) the progress of interest rate liberalization has improved the profitability of banks. (2) This kind of impact is inverted U-shaped, that is, with the advancement of interest rate liberalization, the impact will be reversed in the future. (3) For banks of different sizes, the impact is different. Specifically, small and medium-sized banks are more sensitive to the liberalization of interest rates, while for larger banks, the impact is not strong.

scholarly journals Immigration and the Crime Drop

2017 ◽  
Vol 25 (3) ◽  
pp. 205-229 ◽  
Author(s):  
Dainis Ignatans ◽  
Roger Matthews
Keyword(s):  
Empirical Evidence ◽  
International Research ◽  
Popular Opinion ◽  
England And Wales ◽  
Crime Drop ◽  
Western Countries ◽  
Recent Increase ◽  
The Impact

The explanations to date of the remarkable decrease in crime that has been reported over the last two decades in a number of western countries have been less than convincing. In light of these limitations this article explores the impact that the recent increase of immigration into the uk may have had on recorded crime levels. Drawing on a range of international research the paper includes some empirical evidence from England and Wales that suggests that in contrast to the popular opinion that increased immigration is associated with an increase in crime, that not only are the recent waves of immigration not linked to rising crime, but also our findings lend qualified support to the contention that recent waves of immigration have contributed to the crime drop that has taken place in the uk and other countries over the last two decades.

scholarly journals The Safety of Convictions in the Court of Appeal: Fresh Evidence in the Criminal Division Through an Empirical Lens

2019 ◽  
Vol 83 (6) ◽  
pp. 433-449
Author(s):  
Paul Dargue
Keyword(s):  
Empirical Study ◽  
Empirical Evidence ◽  
Criminal Law ◽  
Empirical Studies ◽  
Empirical Support ◽  
England And Wales ◽  
Methodological Perspective ◽  
Court Of Appeal

An academic consensus exists that the England and Wales Court of Appeal (Criminal Division) determines appeals against conviction in a narrow or an unduly restrictive manner. This consensus has developed through observation and empirical study of the Court over several decades. It is said in particular that the Court adopts a narrow approach when considering appeals which raise primarily factual issues, especially fresh evidence or ‘lurking doubt’ appeals. This article discusses two new empirical studies of the Court, one of which is a replication of Roberts’s recent study which featured in the Journal of Criminal Law in 2017. The empirical evidence in support of the allegation of a restrictive approach is explored in this article from a theoretical and methodological perspective. It is argued that the question of the Court’s approach is difficult to study empirically, and so suggestions of empirical support for a restrictive approach overreach the limits of the methods employed. This is not to suggest that the Court of Appeal does not make mistakes, nor even is it to suggest that the Court is not narrow or unduly restrictive. Rather, it is suggested that the empirical findings offered as evidence of the restrictive approach, which gives rise to the consensus position, are weak and should be treated with caution, especially in the light of the author’s two new empirical studies of the Court.

scholarly journals Information technologies as a guarantee of innovative development of advocacy

2020 ◽  
pp. 111-115
Author(s):  
Kseniia Rakytianska
Keyword(s):  
Information Technology ◽  
Information Technologies ◽  
Human Life ◽  
Legal Services ◽  
Innovative Development ◽  
Legal Practice ◽  
Effective Functioning ◽  
The Future ◽  
The Impact ◽  
Further Development

Problem setting. High technologies, being a characteristic feature of the modern world, determines the widespread introduction of innovative approaches and methods in various spheres of human life. The trend of digitalization has also influenced the legal services industry. Already today there is a high degree of influence of information technology on the choice of formats for the organization of work processes of lawyers, the choice of tools for professional activities and methods of providing legal services. Therefore, it is important to study the impact of information technology on the prospects for further development of advocacy, in order to ensure the effective functioning of the legal practice Analysis of recent research and publications. Among the studies on the impact of information technology on legal activities should be noted the work of legal scholars such as O.V. Spivakovsky, M.I. Sherman, G.H. Yavorska, V.M. Stratonov, B.A. Zaplotynsky, G.S. Polishchuk, M.V. Protsenko, I. Zhilinkova and others. However, the growing influence of information technology on the provision of legal services causes the need of an additional comprehensive analysis. The target of research in this article is to analyze the impact of information technology on the current state and prospects for further development of advocacy. Conclusions and prospects for the development. Speaking about the prospects of advocacy, it should be noted that the hyperactive development of information technology over the past decade has led to the introduction of telecommunications, information resources and Internet services in all spheres of human life, and advocacy is no exception. Information technologies are often the key to the transition to a qualitatively new level of legal business, as their use provides the introduction of new technical tools and integrated approaches to meet the needs of clients in legal aid. As a result, it is concluded that the impact of information technology is crucial to the future development of advocacy. However, the traditional and conservative nature of advocacy is an obstacle to the innovative development of legal services. Besides, it is necessary to change the current information legislation, which will promote more active implementation of the latest approaches in the field of jurisprudence. Given the above, the main focus should be on overcoming these obstacles, in order to ensure the effective functioning of the legal practice in the future technological world.

scholarly journals The Determinants of the Domestic Prices of Imports

1964 ◽  
Vol 4 (4) ◽  
pp. 597-622 ◽  
Author(s):  
Mati Lal Pal
Keyword(s):  
Empirical Study ◽  
Empirical Evidence ◽  
Foreign Exchange ◽  
Raw Materials ◽  
Large Share ◽  
Capital Goods ◽  
Different Types ◽  
Domestic Prices ◽  
The Impact

Imports play a key role in the economy of Pakistan, especially since they provide a large share of the nation's industrial raw materials and most of its capital goods. Scarce foreign exchange is rationed and allocated among different types of commodities through an elaborate licensing system. To cope with the needs of the economy there has been liberalisation of imports in recent times. Proposals for further liberalisation and alternative proposals for rationing foreign exchange through an import surcharge system or an exchange auc¬tioning system have also been put forward. But, in the absence of empirical evidence regarding scarcity value of foreign exchange and the domestic prices of imports, the impact of these changes on the import sector and there from on the economy could not be definitely estimated. Different assumptions have been made regarding these magnitudes resulting in very different conclusions about the impact of various policies. A study of the facts is necessary under these circumstances, and so we have embarked on an empirical study regarding the determinants of the domestic prices of imports.

The Impact of the FDA GMP Regulation

1990 ◽  
Vol 9 (1) ◽  
pp. 105-106
Author(s):  
Robert N. Borghese
Keyword(s):  
Quality Assurance ◽  
Medical Devices ◽  
Good Manufacturing Practice ◽  
The Past ◽  
The Future ◽  
The Impact ◽  
Practice Regulation

The impact of the Food and Drug Administration's Good Manufacturing Practice Regulation for Medical Devices is explored ten years after its promulgation. The main purpose of the regulation was never to be specific and exacting in interpretation, but rather to serve as a framework for the development of individualized quality assurance programs. The manufacturer is ultimatelly responsible for implementation. The role of the quality assurance professional is to be a persuasive advocator of compliance. Issues which were emphasized in the past are noted. What we can expect in the future is explored.

scholarly journals Impacts of climate change on wheat in England and Wales

2008 ◽  
Vol 6 (33) ◽  
pp. 343-350 ◽  
Author(s):  
Mikhail A Semenov
Keyword(s):  
Heat Stress ◽  
Drought Stress ◽  
Climate Model ◽  
Wheat Yield ◽  
Extreme Weather Events ◽  
Summer Drought ◽  
Yield Losses ◽  
England And Wales ◽  
The Future ◽  
The Impact

The frequency and magnitude of extreme weather events are likely to increase with global warming. However, it is not clear how these events might affect agricultural crops and whether yield losses resulting from severe droughts or heat stress will increase in the future. The aim of this paper is to analyse changes in the magnitude and spatial patterns of two impact indices for wheat: the probability of heat stress around flowering and the severity of drought stress. To compute these indices, we used a wheat simulation model combined with high-resolution climate scenarios based on the output from the Hadley Centre regional climate model at 18 sites in England and Wales. Despite higher temperature and lower summer precipitation predicted in the UK for the 2050s, the impact of drought stress on simulated wheat yield is predicted to be smaller than that at present, because wheat will mature earlier in a warmer climate and avoid severe summer drought. However, the probability of heat stress around flowering that might result in considerable yield losses is predicted to increase significantly. Breeding strategies for the future climate might need to focus on wheat varieties tolerant to high temperature rather than to drought.

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