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Recent Legislation (recent + legislation)

Distribution by Scientific Domains

Law and Criminology	60%
Business, Economics, Finance and Accounting	40%

Selected Abstracts

Union recognition in Ireland: one step forward or two steps back?

INDUSTRIAL RELATIONS JOURNAL, Issue 3 2003
Daryl D'Art
In this paper a variety of union recognition procedures and their effect on union density levels in a number of countries are considered. The crucial importance of the national institutions that govern industrial relations are emphasised. While in Ireland, conditions such as social partnership and the buoyant economy of the 1990s would appear to favour union growth, the reverse has been the case. Recent legislation to establish more formal procedures for union recognition, we argue, is likely to be a dismal failure. Indeed, an unintended consequence of the Industrial Relations (Amendment) Act 2001 may be the exclusion of the union from the workplace and the legitimisation of a firm's non-union status. [source]

Third party challenges to the courts' treatment of offenders

LEGAL STUDIES, Issue 3 2008
Jeremy Horder
I will argue that , as an exception to the general rule adopted in England and Wales , third parties, including victims, should in some circumstances be permitted to bring proceedings for (inter alia) judicial review of sentences, and other measures, imposed on offenders. Such proceedings should not be ruled out when parts of sentences, or other orders, are meant to affect the interests of individual third parties themselves, and the prosecution cannot reasonably be expected to be solely responsible for protecting those interests. However, I will also conclude that, from a public law perspective, there is a preferable solution. Third parties who may be adversely affected by sentences or orders imposed on offenders should sometimes be given a limited degree of involvement in the process leading up to the imposition of those sentences or orders. Recent legislation takes us some way towards this goal. [source]

Risk disclosures on the second tier markets of the London Stock Exchange

ACCOUNTING & FINANCE, Issue 4 2009
Paula Hill
G32 Abstract The identification, management and disclosure of risks have been the subject of recent legislation, directives and reporting standards issued across a number of international jurisdictions. To inform the disclosure debate, this paper provides a detailed analysis of the risk warning disclosures of initial public offering (IPO) companies and the factors that drive such disclosures. We find that risk disclosures of IPO companies contain a greater proportion of forward-looking information but a lower proportion of information on internal controls and risk management than the disclosures of listed companies. We find evidence that such disclosure has increased across time but that larger directors' shareholdings are associated with a reduction in risk disclosure. [source]

Modern Interpretations of Sustainable Development

JOURNAL OF LAW AND SOCIETY, Issue 1 2009
Andrea Ross
Early interpretations of sustainable development based on weak sustainability address neither the limits to the earth's resilience nor our failure to curb consumption. Given the challenges facing the earth today, especially climate change, a much more meaningful instrument is required and a new ethic based on the ecological carrying capacity of the Earth. The article examines the impact of those early interpretations before exploring the importance of ecological sustainability as the moral and (potentially fundamental) legal principle underpinning the concept of sustainable development. It examines the influence of the climate change agenda before examining the mechanisms available to make this ethic operational. Sustainable development has the capacity to set meaningful objectives, duties and rules, and provide boundaries for decision making, as reflected in recent legislation. Enhancing ecological sustainability through improving supply and impact is relatively easy for governments, businesses, and individuals; reducing consumption is much harder, and will require strong leadership. [source]

,Robust and Raring to Go?', Judges' Perceptions of Child Witnesses

JOURNAL OF LAW AND SOCIETY, Issue 4 2007
Fiona E. Raitt
This article explores judicial perceptions of child witnesses. It considers the impact of recent legislation in England and Wales as well as in Scotland which classified all child witnesses as vulnerable and introduced a series of special measures to facilitate children's evidence. The article reports the findings of an empirical research study conducted with the judiciary in Scotland which suggests that judicial perceptions of child witnesses extend across a complex spectrum where a child may be viewed as vulnerable but is also likely to be seen as suggestible, reliable or resilient. The article advances two propositions. First, that the statutory conceptualization of children as invariably vulnerable has not displaced established beliefs concerning children's suggestibility and therefore has made little difference to perceptions of their ability to produce reliable testimony. Second, that focusing on children's potential for resilience rather than their vulnerability may prove a more productive conceptualization of children, one which could better support their capability as witnesses. [source]