• Construction Lawyers' Attitude and Experience with ADR

      Brooker, Penny (Sweet & Maxwell, 2002)
      Survey of construction lawyers on their experiences of ADR, particularly mediation, including mediation settlement rates, categories of disputes and parties involved in mediation, and factors involved in mediation failure or rejection.
    • Construction of suicidal ideation in medical records

      Galasinski, Dariusz; Ziółkowska, Justyna (Routledge (Taylor & Francis), 2017-05-19)
      In this paper we are interested in exploring discursive transformation of patients’ stories
of suicidal ideation into medical discourses. In other words, we focus on how the narrated experience of suicidal thoughts made during the psychiatric assessment interview is recorded in the patients’ medical record. Our data come from recordings of psychiatric interviews, as well as the doctors’ notes in the medical records made after the interviews, collected in psychiatric hospitals in Poland. Assuming a constructionist view of discourse, we demonstrate that lived experience of suicide ideation resulting in stories of a complex and homogeneous group of “thoughts” is reduced to brief statements of fact of presence/existence. Exploration of the relationship between the interviews and the notes suggest a stark imposition of the medical gaze upon them. We end with arguments that discursive practices relegating lived experience from the focus of clinical practice deprives it of information which is meaningful and clinically significant.
    • Consultation for a Change? Engaging Users and Communities in the policy Process

      Cook, Dee (Blackwell Publishing Ltd., 2002)
      The process of consultation has become integral to the development, implementation and evaluation of a raft of UK health and social policies. However, the current bewildering patchwork of area–based initiatives means that, in many localities, it is impossible to evaluate the outcomes of particular targeted initiatives, let alone make sense of local planning consultations, Best Value reviews and (multi–agency) service reviews which run concurrently. The cumulative effects of this consultation "overload" threaten to swamp both local authorities and their service users. Consul–tation is itself a crucial yet deeply problematic process. There is an official view which holds that an "old" model of consultation—often tokenistic and unrepresentative—is being replaced with a "new" one. This paper examines and challenges that view in relation to the key policy areas of housing, social services and policing. It also pays particular attention to, and problematizes, the notion of "hard–to–reach groups", which is so dominant in the discourse of consultation. The paper argues that developing appropriate tools and recognizing that consultation is a process—not an event—are essential starting points in addressing these problems. The next step is to reconcile the principles of both evidence–based policy and user–led services into a strategic (and "joined–up") framework. But, when all this is accomplished, we still need to question the political and fiscal contexts in which policy–making takes place and within which the process of consultation is itself bounded.
    • Consumer Protection Awareness in South Africa

      Mason, Roger B. (World Research Organization, 2007)
      This paper addresses the lack of knowledge about awareness of consumer protection in South Africa, especially amongst disadvantaged consumers. Literature shows that there is a high correlation between the level of economic development and the awareness of consumer rights. The more developed a country is, the more aware its people will be in terms of their consumer rights. The less developed a country is, the lower the level of consumer rights awareness consumers will have. Consumers, like any other citizens of a country, have a right to be protected by the law. Private and nongovernmental organisations and the consumer councils should to ensure that the interests and rights of consumers are well protected. The study involved a literature review and an exploratory empirical study into the effect of income and education on awareness of consumer protection by a sample of Durban consumers. A strong, positive relationship between consumer protection awareness and income and education was found. Recommendations for actions which should improve consumer protection awareness amongst low income, poorly educated consumers, are suggested in, this study, while, further research to develop a deeper understanding of the problem, and are also suggested.
    • Consumer research, interpretive paradigms and methodological ambiguities

      Goulding, Christina (MCB UP Ltd, 1999)
      The 1980s and 1990s have witnessed a growing application of qualitative methods, particularly in the study of consumer behaviour. This has led to some division between researchers on the basis of methodological orientation, or a positivist/interpretivist split. Much of the criticism regarding qualitative research centres on issues of clarity, methodological transgressions, and the mixing of methods without clear justification and explication of “why” and “how”. Offers the example of phenomenology and grounded theory, two methods which are often treated as one. Compares and contrasts them in relation to underpinning philosophies, procedures for sampling, data collection and techniques for analysis. Suggests that methods are “personal” and that researcher introspection and the philosophical basis of a given methodology should form the starting-point for enquiry.
    • Contemporary perceptions of effective and ineffective managerial behaviour: a 21st century case for the U.S.A.

      Ruiz, Carlos E.; Hamlin, Robert G.; Gresch, Eric B. (North American Business Press, Inc, 2017-02-28)
      This qualitative study explores how contemporary US managers and non-managerial employees in the metropolitan region of Atlanta, Georgia behaviorally differentiate effective managers from ineffective ones. We collected from 81 research participants 381 critical incidents (CIs) of observed effective and ineffective managerial behavior. These CIs were subjected to open, axial and selective coding which resulted in the emergence of 10 effective and 13 ineffective behavioral indicators of perceived managerial and leadership effectiveness. The findings could be valuable to managers seeking to make better decisions about how best to behaviorally manage and lead US employees in the 21st century.
    • Cooperation and Conflict: Episodes from the North Wales Coalfield, 1925-35

      Gildart, Keith (Keele University: Centre for Industrial Relations, 2001)
    • Cooperation for innovation and its impact on technological and non-technological innovations: empirical evidence for European SMEs in traditional manufacturing industries

      Radicic, Dragana; Douglas, David; Pugh, Geoffrey; Jackson, Ian (World Scientific, 2018-10-18)
      Drawing on a sample of small and medium-sized enterprises (SMEs) in traditional manufacturing industries from seven EU regions, this study investigates how cooperation with external organisations affects technological (product and process) innovations and non-technological (organisational and marketing) innovations as well as the commercial success of product and process innovations (i.e., innovative sales). Our empirical strategy takes into account that all four types of innovation are potentially complementary. Empirical results suggest that cooperation increases firms’ innovativeness and yields substantial commercial benefits. In particular, increasing the number of cooperation partnerships has a positive impact on all measures of innovation performance. We conclude that a portfolio approach to cooperation enhances innovation performance and that innovation support programs should be demand-led.
    • Coping with complexity and turbulence: An entrepreneurial solution

      Mason, Roger B. (World Scientific Publishing, 2006)
      This paper considers the adoption of an entrepreneurial orientation as a paradigm for companies operating in a complex and turbulent environment, viewing the environment as a complex and turbulent system in terms of chaos theory. Approaches suggested by chaos theory are compared with the entrepreneurial orientation to identify if such an orientation matches these suggested approaches. Literature on chaos theory and entrepreneurship is compared, and a short case is presented, providing an illustration of how a company operating successfully in a complex and turbulent environment has used the principles of an entrepreneurial orientation. The paper identifies considerable similarity between the management approaches suggested by chaos theory and the principles of the entrepreneurial orientation, indicating that chaos theory may provide the theoretical underpinning of the relationship between entrepreneurial orientation and turbulent environments. The case also shows how an entrepreneurial orientation has been successfully used in a complex and turbulent environment. The conclusion is that companies operating in a complex and turbulent environment could benefit from adopting an entrepreneurial orientation.
    • Corporate collapse and the reform of boardroom structures - lessons from America?

      Griffin, Stephen (Sweet & Maxwell, 2003)
      Comments on the events leading to the collapse of the Enron corporation in the US. Highlights the responsibility for Enron's demise, focusing on the role of the auditors, the board and senior management. Examines key provisions of the Sarbanes-Oxley Act 2002, passed as a direct response to Enron, including the prohibitions on corporate activity, the regulation of auditors and the imposition of criminal penalties. Discusses the UK's response to the corporate scandals in the US, reviewing proposed reforms in the Higgs report relating to boardroom structures and the role of non-executive directors, and the scope of the revised Code on Corporate Governance, published in July 2003.
    • Corporate Governance and Ethics: A Feminist Perspective.

      Machold, Silke; Ahmed, Pervaiz K.; Farquhar, Stuart S. (SpringerLink, 2008)
      The mainstream literature on corporate governance is based on the premise of conflicts of interest in a competitive game played by variously defined stakeholders and thus builds explicitly and/or implicitly on masculinist ethical theories. This article argues that insights from feminist ethics, and in particular ethics of care, can provide a different, yet relevant, lens through which to study corporate governance. Based on feminist ethical theories, the article conceptualises a governance model that is different from the current normative orthodoxy.
    • Corporate governance and IPO underpricing in a cross-national sample: A multilevel knowledge-based view

      Judge, William Q.; Witt, Michael A.; Zattoni, Alessandro; Talaulicar, Till; Chen, Jean Jinghan; Lewellyn, Krista; Hu, Helen Wei; Shukla, Dhirendra; Bell Robert, R. Greg; Gabrielsson, Jonas; et al. (Wiley, 2015-08)
      Prior studies of IPO underpricing, mostly using agency theory and single-country samples, have generally fallen short. In this study, we employ the knowledge-based view (KBV) to explore underpricing across 17 countries. We find that agency indicators are insignificant predictors, board of director knowledge limits underpricing, and external knowledge both substitutes for and complements internal board knowledge. This third finding suggests that future KBV studies should consider how internal and external knowledge states interact with each other. Our study offers new insights into the antecedents of underpricing and extends our understanding of comparative governance and the KBV of the firm.
    • Corporate governance models in emerging markets: the case of India

      Machold, Silke; Vasudevan, Ajit K (Inderscience, 2004)
      Corporate governance has come to be recognised as a cornerstone of economic reforms seeking to promote stability and growth in developing countries. The Asian crisis of the 1997 was viewed as having roots in poor governance and hence national governments as well as international organisations have sought to promote a strengthening of governance mechanisms. This article investigates governance reforms in India over the last decade. The paper reviews changes in Indian governance codes that indicate a preference of adoption of Anglo-American governance models. A survey of ownership structures of Indian listed companies reveals a mixture of governance mechanisms and a persistence of the ''business house model'' of governance. The paper concludes that despite external pressures towards an ''Anglo-Americanisation'' of governance practice, the outcomes thus far reveal the emergence of a diversity of governance mechanisms arising in a path-dependent fashion.
    • Corporate governance models: is there a right one for transition economies in Central and Eastern Europe?

      Yeoh, Peter (Emerald Group Publishing Limited, 2007)
      Purpose – Poland along with other members of the transition economies of Central and Eastern Europe (CEE) have adopted a hybrid corporate governance model, which draws inspirations from both the insider-oriented system as exemplified in Germany and the outsider-oriented system as exemplified in the UK. The paper aims to examine the effectiveness of the transplantation process in Poland. Design/methodology/approach – The paper looks at common actual practices prevailing in the country itself and compares this with those in Germany and the UK. The research approach relies on a limited case analysis, drawing data primarily from the public domain. Findings – Poland's hybrid corporate governance system appears to align with the country's socio-economic-legal framework and also takes into account the common positive features found in both the insider-oriented system and the outsider-oriented system; and in particular the emphasis on transparency and accountability, proper corporate asset management, and investors’ protection safeguards. However, it would appear that the process of corporate governance monitoring and enforcement in Poland may need to be improved. It is also observed that Poland is increasingly looking towards the Anglo-Saxon model of corporate governance as it developed its own system, largely because of the relatively greater success of the latter, the influence of influential global institutional investors in Continental Europe, and the diminishing influence of the German model, which itself is now contemplating fundamental reforms. Practical implications – The transition economies of CEE like Poland requires the practice of sound corporate governance to ensure more efficient mobilisation of their economic resources. Originality/value – The paper shows that good corporate governance should help to attract more foreign investments into transition economies to help accelerate growth and enhance their balance of payments positions; and reduce gradually the extent of state involvement in the business sector.
    • Corporate Manslaughter: A Radical Reform?

      Griffin, Stephen (Vathek Publishing Ltd, 2007)
      Presents a critique of the offence of corporate manslaughter introduced by the Corporate Manslaughter and Corporate Homicide Bill 2006. Compares the statutory offence with the common law position. Raises doubts about the proposed legislation in terms of identifying a senior manager to breach the relevant duty of care, the gross negligence test and the difficulty of establishing a senior management failure in companies with complex management structures.
    • Correction in the Countryside: Convict Labour in Rural Germany 1871-1914

      Constantine, Simon (London: Sage Publications, 2006)
      Over the course of the Empire demand for labour in the countryside and penal reform together created the conditions for a greater deployment of prisoners, workhouse inmates and young offenders in agriculture. Farming on site, and especially leasing offenders, were the most cost-efficient ways of detaining men. Agricultural work was also regarded as key to their rehabilitation. It served to equip inmates upon release for the sector of the economy most in need of workers. ‘Outside work’ away from the institution was also seen as an intermediate stage in the prisoner's sentence before release. Two developments in the charitable sector complemented this correctional strategy: the emergence of a network of workers’ farming colonies which acted as half-way houses for ex-prisoners after release, and ex-offender employment programmes run by prisoner welfare societies, channelling ex-offenders towards agricultural employment. Despite these efforts to reintegrate offenders, re-offending rates remained high. Penal authorities either attributed this to the incorrigibility of some inmates, or pushed for longer sentences. In some cases penal and medical authorities were inclined to re-interpret the criminal behaviour of repeat offenders as behaviour symptomatic of mental illness, and some inmates were transferred to asylums. In the discourse surrounding the failure of reform the argument that the exclusionary and punitive nature of the prison and workhouse régime actually worked against rehabilitation held little sway, nor the argument that high re-offending rates could be attributed to the vagrancy and begging laws which criminalized systemic poverty and homelessness. Absent here was any understanding that the life offered following release, working as ancillary workers or hands on the estates, bore too striking a resemblance to work in agriculture during detention. This in itself was one major reason why many ex-offenders directed into agricultural employment after release refused to stay and work.
    • Court Connected Construction Mediation Practice in England and Wales

      Brooker, Penny; Agapiou, Andrew; Ilter, Deniz (Routledge, 2016-08)
    • Courting white southerners: Theodore Roosevelt’s quest for the heart of the South

      Burns, Adam (Taylor and Francis, 2019-02-13)
      Most studies of President Theodore Roosevelt address his “southern strategy” to revive the Republican Party’s fortunes in a region where it was effectively shut out by 1900. This essay revisits Roosevelt’s approach to the South between 1901 and 1912 and argues that wooing white southerners away from the Democratic Party, more than any other approach, represented Roosevelt’s overriding strategy for the revitalization of the southern GOP.
    • Creating Jobs, Manufacturing Unity: Ulster Unionism and Mass Unemployment 1922-34

      Norton, Christopher (London: Routledge, 2001)
      The inter-war recession and resultant mass unemployment presented a serious problem for the new Northern Ireland government. Having weathered republican attempts to destabilise the state, the Unionist government found its credibility questioned by a core element of its own support: the Protestant working class. In its efforts to galvanise support and ensure Unionist unity the government resorted to a series of strategies to alleviate the unemployment problem. The pursuit of these strategies created tension and division within the Unionist cabinet. What became apparent was that Unionist unity could be secure not by the appeal of sectarianism but only by the appearance of competence. (Informaworld)
    • Creating shared value in an industrial conurbation: evidence from the North Staffordshire ceramics cluster

      Jackson, Ian; Limbrick, Lorraine (Wiley, 2019-03-15)
      The claims by Porter and Kramer that the concept of Creating Shared Value is an effective way of reinventing modern capitalism by releasing an upsurge in innovation is misleading because it maintains self-interest principally of large corporations at the centre of the economic system. The long-term development of the North Staffordshire Ceramics cluster suggests that firms such as Wedgwood were developing a primitive form of CSV over 250 years ago at the start of capitalism as opposed to a recent way of reinventing modern capitalism. The evidence of competitive forces remains strong and the resilience of firms in the cluster is much more in line with Schumpeterian “perennial gale of creative destruction” than a “wave of innovation and growth” offered by Porter and Kramer.