legal control
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Author(s):  
Osareme Erhomosele

Investigations into the relationship between capital structure and firm performance over the years have consistently produced mixed results in the light of prevailing theories relevant to the concept of capital structure. The study examined the nature of the relationship between the capital structure of Deposit Money Banks (DMBs) in Nigeria and the trend of performance recorded in the industry. Leverage was adopted as a surrogate for capital structure, while firm performance was proxied by profit efficiency and return on equity. A regression analysis test was applied to a balanced panel data, pooled from a sample of 11 DMBs to determine the impact of capital structure on performance. The study found evidence that supports a non-monotonic relationship between capital structure and performance of DMBs, as predicted by the agency cost theoretical model. A major recommendation elicited from the findings of the study advocates for legal control on the proportion of debt DMBs can include in their capital structure if they are to operate as efficiently as expected.


2021 ◽  
Vol 18 (2) ◽  
pp. 15-27
Author(s):  
Uwe Busbach

Abstract Research purpose. Modern work is increasingly taking place in temporary workgroups embedded in decentralized work environments that transcend organizational boundaries. The first implementations of the shared workspace idea emerged in the 1990s in the CSCW research area and are now firmly integrated into the working world with systems such as Google Drive, OneDrive or Dropbox. However, when it comes to accessing documents, problems arise in terms of coordinating access to documents. Who can access the documents, modify them, and upload them back to the shared workspace? It should be noted that concurrent changes can lead to inconsistencies. Furthermore, incorrect changes to the content of documents can have economic and legal consequences. Who is responsible for this? Strict access control can avoid this problem if necessary. However, it contradicts the approach of agile cooperation, which benefits, among other things, from access to documents that is not restricted in terms of time and place. Design / Methodology / Approach. The article proposes a semantic approach for access coordination of shared workspaces. Its basis is the legal distinction between the levels of legal control (owner) and material control (possessor). The owner of an object has the right and the duty to allow the other participants of the shared workspace to access it, i.e., to have material control. This is done through an agreement between the owner and the possessor, which specifies the conditions of material control. In addition to coordinating access, the owner is also responsible for arbitrating in case of conflict and deciding which changes are valid and which are not. Findings. Transferring the distinction between owner and possessor leads to three possible classes of conflicts: Ownership vs ownership, ownership vs possession, and possession vs possession. Conflict schemes within these classes of conflict are analyzed in detail. On the one hand, it is possible to use strict, conflict-avoiding settings, but this tends to limit cooperation. On the other hand, greater cooperation agility can be enabled if the owner situationally controls access or if the owner has preset flexible response tactics in case a conflict arises. A closer look at possible conflict classes shows that it is necessary to adapt the legal concepts of owner and possessor to the cooperation situation. Originality / Value / Practical implications. The concept of the legal distinction between owner and possessor has not yet been applied to the domain of access coordination in shared workspaces. This approach can introduce the previously missing semantics for access coordination, at least on an informal basis. It also improves participants’ awareness of the context of cooperation.


2021 ◽  
Vol 4 (4) ◽  
pp. p1
Author(s):  
Péter Novoszáth

The Hungarian government developed a package of tools for improving legal control and compliance for Hungarian companies and entered into force between 2012 and 2021. Part of this complex package of measures sought to broaden the tax base without raising taxes, while others sought to reduce the size of the black economy by reducing the amount of illegally available benefits. The level of compliance may increase, as inspections are continuous, the risk of failure is high, and compliance with legal actions does not require a large intellectual or financial expense from the taxpayer. Part of this package was the obligation to use online cash registers, the introduction of reverse charge VAT, the targeted reduction of VAT rates, the introduction of an electronic goods tracking and verification system, and the introduction of online invoicing.


2021 ◽  
Author(s):  
Biswarup Banerjee ◽  
Garga Chatterjee

Thought privacy, that is, the right to control who has access to one’s thoughts, is a bedrock of human civilization as we know it today. Lie detection technologies, with their severe limitations, have proliferated in use all over the world. Such unsupervised proliferation of technology that claims to infer human psychological states has huge implications for the future of human existence and rights. We collate data about usage of lie detection technologies for six categories of use in all sovereign countries of Asia, Africa and Europe. The collected data, being category specific, also provides insight into what kind of uses are more prevalent. The present paper provides an idea about the enormity and spread of the problem of lie detection technology proliferation. We also provide observations about legal control mechanisms of such issues. This data provides a baseline for further observation and monitoring of the field of lie detection technology proliferation.


2021 ◽  
Vol 6 (I) ◽  
pp. 01-06
Author(s):  
Dr. Parag Garg

The main purpose of this paper is to find a legal framework to deal with an unexpected epidemic i. e. Covid-19 disaster in India. This paper is also focused on to legal control the outbreak of deadly global pandemic Covid-19 in India; the Government of India imposed a nationwide lockdown. The lockdown has been carried out by State Governments on the directions of the Union Ministry of Home Affairs under the Disaster Management Act, 2005. Secondary data has been taken in this paper to identify the legal aspect of disaster management. Several legal arrangements have been cited in the context of disaster management in India.


2021 ◽  
Vol 8 (9) ◽  
pp. 115-125
Author(s):  
Akhiyanus Marwan ◽  
Laily Washliati ◽  
Idham .

A Sea Work Agreement is a contract between a shipping entrepreneur and a worker in which the latter agrees to do work for pay as a captain or a member of the ship's crew under the entrepreneur's instructions. As a component of a more considerable agreement, a written or spoken labor agreement must satisfy both subjective and objective legal criteria of an agreement. The topic of this study is the legal arrangement of work agreements at sea for seafarers to promote human welfare. A study was conducted by the Batam authorities and harbormaster's office on the implementation and legal analysis of work agreements at sea for seafarers from an affirming people's welfare perspective. Also, the factors that act as impediments or barriers to solutions for work agreements at sea for seafarers from an affirming people's welfare perspective. This research aims to establish the legal structure of work agreements at sea for seafarers to improve their welfare and the execution and legal analysis of work agreements at sea for seafarers to enhance their welfare. Thirdly, determine the elements that lead to the formation of barriers or obstacles, along with some of the aspects that contribute to their resolution. This study aims to gather primary data via field research utilizing a normative approach. The study's findings show that although the legal control of work agreements at sea for seafarers has been chiefly implemented successfully to enhance people's welfare, there are still many barriers in the sector at both an internal and external level. It is anticipated that both ship entrepreneurs and ship personnel will adhere to their agreed-upon and signed maritime labor agreements, making this a legal requirement for builders. Keywords: Sea Work Agreement, Seafarers.


2021 ◽  
Vol 18 (1) ◽  
pp. 135-166
Author(s):  
Bambang Iswanto

This article aims to comparatively view the political configuration in Indonesia in the New Order and the Reformation era related to the formation of law in Islamic economics. Recently, Islamic economics has become an issue that has attracted the interest of scholars and economic practitioners as it is the potential to become a large industry. Legal products and several policies were born as evidence of the development of Islamic economic law in Indonesia, such as the Halal Product Guarantee Act, the ratification of Government Regulations regarding the implementation of halal product guarantees, to the merger of conventional banks into shari'ah Banks. These phenomena show that the political configuration in the Reformation era is fertile ground for economic development. Then, what about the Political Configuration in the New Order era? This article is a legal study using historical and political approaches strengthened by legal political theories. The study found that there are different characteristics of Islamic economic law between authoritarian and democratic political configurations. This article emphasizes that the character of Islamic economic law in the New Order era tends to be orthodox; legal control was tightly held by the political elite and must be followed by the community (top-down). Meanwhile, the Reformation era brought the direction of Islamic economic law to responsive legal characteristics. The society holds legal control by making the elites as policymakers for the development of Islamic economic law (bottom-up).


Author(s):  
Matthew Clair

Abstract Over the period of mass criminalization, social scientists have developed rigorous theories concerning the perspectives and struggles of people and communities subject to criminal legal control. While this scholarship has long noted differences across racial groups, it has yet to fully examine how racism and criminalization interrelate in the making of criminalized people’s perspectives and their visions for transforming the legal system. This article engages with Du Boisian sociology to advance a theory of subjectivity that is attuned to the way criminalization reproduces the subjective racial order and that aims to uncover subaltern strategies and visions for transforming the structure of the law and broader society. Through a critical review of interpretive scholarship across the social sciences and an original analysis of interviews with a diverse sample of criminal defendants conducted in the early years of the Black Lives Matter movement, I illustrate how a Du Boisian approach coheres existing theories of criminalized subjectivities, clarifies the place of White supremacy and racism, and provides a theory of legal change rooted in ordinary people’s experiences and needs. I introduce the concept of legal envisioning, defined as a social process whereby criminalized people and communities imagine and build alternative futures within and beyond the current legal system. Du Boisian sociology, I conclude, provides the methodological and theoretical tools necessary to systematically assess legal envisioning’s content and to explain its contradictions, solidarities, and possibilities in overlooked yet potentially emancipatory ways.


2021 ◽  
Vol 9 (2) ◽  
pp. 159-162
Author(s):  
Anna-Lena Högenauer ◽  
Moritz Rehm

The Eurozone has faced repeated crises and has experienced profound transformations in the past years. This thematic issue seeks to address the questions arising from the changing governance structure of the Eurozone. First, how have the negotiations, pressures of the crises and reforms impacted the relationships between key actors like EU institutions and Member States? Second, where did national positions come from and what role did domestic politics play in the negotiations? And finally, to what extent has the evolution of Eurozone governance left room for adequate control mechanisms and democratic debate? The articles in this issue highlight the developing role of Member States, domestic politics and democratic and legal control mechanisms.


2021 ◽  
Vol 8 (1) ◽  
pp. 135-161
Author(s):  
D. Ivanov ◽  
M. Levina

The present article is a review of the prospective adoption of a legally binding instrument to regulate, in international human rights law, the activities of transnational corporations (TNCs) and other business enterprises presently being developed under U.N. auspices, aiming for legal control of TNCs’ business functioning. The necessity for international legal control of their business’ functioning with respect to human rights cannot be underestimated as their influence has grown since striving for dominance in world commodity markets and in leading sectors of the global economy. However, quite a number of scholars question the fact that TNCs are not presently recognized as legal personalities rendering the immediate application of international law principles to their business activities all but practically impossible. At the same time, the majority of so called “soft law” principles developed in the U.N. framework in the past fifty years are nothing more than recommendations to TNCs, thus, emphasizing the urgency of developing a legally binding instrument which primarily governs transnational corporations with respect to human rights. Nevertheless, the prospective adoption of a future treaty, currently being developed by the Open-ended Intergovernmental Working Group on Transnational Corporations and other Business Enterprises with Respect to Human Rights, does not look highly promising due to a number of fundamental flaws and inconsistencies analyzed below.


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