Inherent Frictions and Deliberate Frustrations: Examining the Legal Variables of State FOI Law Administration

FOI laws are of a category of laws acutely predisposed to internal resistance and erosion. The study seeks to better understand these limitations by examining legal elements of the laws through an exploratory field study, or audit, of nine state FOI laws. Among the study’s findings are two uniquely strong predictors of better FOI results: The existence of an independent FOI advocacy organization in the state and a legislature subject to the law. The findings suggest cultivating a culture of transparency may be as or more important than any of the generally considered legal variables, such as deadlines or penalties.

The Implications of Making Tax Crimes a Predicate Crime for Money Laundering in the EU

This chapter sheds light on the divergence of tax crimes and money laundering laws across Europe after the implementation of the 4th Anti Money Laundering Directive. Laws are a crucial part of the tax environment as they are one of the rules under which the tax ecosystem operates. Taxpayers should pay their taxes following the law, and tax experts should advise them within the realm of it. The chapter sees the 4th AMLD as a shock that put money laundering regulation inside the tax ecosystem, and the way that countries implement this in their regulation is the response to this shock; it uses an innovative comparative approach that involves the analysis of tax evasion through an empirical legal lens. The chapter includes a dataset built by the authors with the legislation of all European Union countries regarding tax crimes and money laundering, as well as other relevant legal variables.

Pandangan Hukum Islam Terhadap Implementasi Akad Mudharabah dengan Jasa di Bank Muamalat

According to the study of Islamic law, Bank Muamalat’s services are unlawful because those services require interest and provide an offer for profit sharing. Therefore those services are unlawful because those only make promises. According to some scholars, those like usury. Bank Muamalat should have the legal variables that are binding on the banking laws under Bank Indonesia’s regulations. Islamic law also becomes the main reference in akad mudharabah, so that akad mudharabah does not come out from fiqh scholars thought or does not come out from fiqh studies.

Lost in translation: Gaps between law and practice in customer-perpetrated sexual harassment

In this article, we build on existing research into sexual harassment in a retail environment by adding the perspectives of managers/employers and lawyers to describe the major social and legal variables that impede disclosure and legal remedies in customer-perpetrated sexual harassment. We identify that, if tested, employers may be legally responsible for sexual harassment perpetrated by customers if they have not proactively sought to minimise or prevent harm. We conclude that customer-perpetrated sexual harassment needs to be urgently recognised as unacceptable conduct and urge employers to play a key role in combating the phenomenon.

Significations et interprétations de la gravité des événements violents : le cas des voies de fait traitées à la Cour municipale de Montréal

Based on the results of an empirical study on the judicial treatment of cases of assault and battery at the Municipal Court of Montreal, this article focuses on one particular aspect of this treatment, the classification of certain acts as infractions. Its object is to describe and analyze the socio-political and juridic factors that can influence the decisions made by the police and prosecutors when pronouncing the charges. By comparing these charges with the legal and extra-legal variables, we see a difference in the classification of similar cases depending on the family or social context. This supposes some difficulty in defining the criminal gravity of acts committed in conflicts involving parties bound by other bonds as well as their case before the court.