bluuebunny/crossref_metadata_2025 huggingface dataset:
Balanced leadership: perspectives, principles and practices
Authors: Zhang Yenming , Fong Foo Suan
Published: June 2012

Purpose

Balanced leadership is attracting increasing attention from academia and practitioners. In this rapidly changing world, maintaining balance while moving ahead is becoming a challenge for organizational leaders concerned with effective leadership. The traditional concept of balancing, theoretically, has been frequently re‐visited by researchers, while new concepts of balancing are being developed by researchers and practitioners, in order to effectively guide the practice in the real institutional settings. The purpose of this paper is to examine the classic Chinese perspectives from Wu Xing, I Ching and Tao Te Ching. Some western perspectives (e.g. Waters and Leithwood) on balanced leadership are also examined, to reach a hybrid model in an effort to decipher the meanings of balancing, and to address their applicability in modern organizational lives.

Design/methodology/approach

This paper provides analyses of the perspectives in the Chinese classics Wu Xing, I Ching and Tao Te Ching, and presents insights on the principles for organizational leaders to apply in dealing with changes.

Findings

There is a philosophical base for balanced leadership. It is becoming imperative for leaders to practice balanced leadership in the following aspects of organizational lives: Leaders' steady dispositions; Harmonious human relations; Categorization of the magnitudes of change for improvement; and a hybrid model integrating both eastern and western concepts of balanced leadership.

Research limitations/implications

This paper focuses on one domain of leadership – balancing in the interactions between the leaders and their people. It is relevant for those who have interest in, and are concerned for, the vertical, lateral relations, organizational development and improvement.

Originality/value

This paper reflects the researchers' deep insight into the Chinese classics, their expertise, and their empirical practices in organizational leadership. The paper will help those with similar interests in this area to better understand the implications of the Chinese perspectives.
Abusive supervision and LMX
Authors: Xiaqi Ding , Kun Tian , Chongsen Yang , Sufang Gong
Published: June 2012

Purpose

The purpose of this paper is to explore how leaders' emotional intelligence (EI) influences subordinates' trust and to examine the roles played in the process by abusive supervision (a negative leadership) and leader‐member exchange (LMX) (a positive leadership).

Design/methodology/approach

According to revelations in the case of Foxconn's jumping events and LMX theory, this paper argues that low levels of leaders' EI affect their subordinates' perception of abusive supervision and tends to cause their mistrust of employers in return, further damaging the employer‐employee relationship. Tension will develop or be intensified among such relationships as time evolves and relationship length extends. A superior‐subordinate matching questionnaire survey was conducted among enterprises in Shenzhen, China. About 202 valid samples were eventually collected. The data were analyzed through correlation analysis, regression analysis, CFA, EFA and SEM using SPSS and LISREL.

Findings

The EI of superiors has a significant positive impact on the personal trust between subordinates and superiors, in which both abusive supervision and LMX play a partial mediating role; and the relationship length of superiors and subordinates plays a moderating role between LMX and affective trust.

Practical implications

The paper advises that when selecting leaders, more emphasis should be placed on EI, and managers should be trained to improve their emotional skills.

Originality/value

The paper extends the research on the antecedent and consequence variables of abusive supervision in Chinese enterprises, discussing both positive and negative leadership.
A Chinese perspective on the content and structure of destructive leadership
Authors: Lu Hong , Ling Wenquan , Wu Yuju , Liu Yi
Published: June 2012

Purpose

The purpose of this paper is to explore the fundamental content and structure of destructive leadership within the Chinese cultural context, through surveys of employees in Chinese organizations.

Design/methodology/approach

Methodologies such as documentary analysis, interview and survey were used in the study, and surveys were conducted on over 1,300 employees from Beijing, Shanghai and other cities in Guangdong and Zhejiang provinces. Then the content and structure of destructive leadership perceived by Chinese employees were examined using multiple statistical techniques including EFA (exploratory factor analysis) and CFA (confirmatory factor analysis).

Findings

The results of the survey showed that destructive leadership in Chinese organizations consists of four factors: corruption, excoriation of subordinates, abuse of subordinates and the loss of professional morality. The authors then compared the structure with relevant Western research findings and revealed their similarities and differences.

Practical implications

The structure of Chinese destructive leadership not only reflects the characteristics of Chinese culture, but also reflects the characteristics of current Chinese organizational management, which have practical implications for identifying management problems in Chinese organizations and improving workplace leadership behavior.

Originality/value

This is the first paper of its kind in mainland China to empirically explore the theoretical model of destructive leadership within the context of Chinese culture, which will facilitate future research by offering a theoretical basis and research instrument.
Moral leadership and work performance
Authors: Wu Min
Published: June 2012

Purpose

Moral leadership, as an important element of paternalistic leadership, can be traced back to the cultural tradition of Confucianism. High morality has been expected to be demonstrated by leaders since ancient times in China. In modern Chinese organizations, moral leadership still plays an important role. The purpose of this paper is to investigate the underlying mechanisms of moral leadership functions by examining the mediating and interaction effects.

Design/methodology/approach

Data of 370 dyads were collected in mainland China. SPSS 17.0 and Amos 6.0 were used to test the mediating and interaction effects.

Findings

Trust‐in‐supervisor and two dimensions of psychological empowerment, including meaning and self‐determination, were found to mediate the relationship between moral leadership and work performance. The results supported the interaction effect of moral and benevolent leadership and rejected the interaction effect of moral and authoritarian leadership on trust‐in‐supervisor.

Originality/value

By probing the mediating and interaction effects, the paper advances our knowledge of the psychological mechanisms of moral leadership effectiveness in the Chinese context. A discussion of the implications for both researchers and practitioners is provided.
Occupational commitment and labor relations in firms: an empirical study in China
Authors: Yuan Ling , Li Jian
Published: June 2012

Purpose

The purpose of this paper is to fill the gap in the existing literature regarding relationships between occupational commitment and labor relations in the Chinese context, particularly in Chinese firm settings.

Design/methodology/approach

Based on well‐defined concepts and instruments, the data were collected from 402 human resources (HR) workers in 35 firms, mainly located in Yangtze River Delta, Pearl River Delta and Hunan Province, China.

Findings

The occupational commitment for HR workers in Chinese firms can be divided in four dimensions: affective commitment, normative commitment, accumulated costs and limited alternatives. There are positive interrelations between the four dimensions of occupational commitment and labor relations. Also, there is a significant correlation among the three‐way interactive terms with labor relations.

Research limitations/implications

Although the results of this paper suggest that the four‐dimensional model of occupational commitment can be employed to account the variation of labor relations in China, there is a need to use other samples and additional noted research design variables, e.g. organizational commitment and intent to leave one's job, to explore labor relations more comprehensively and deeply.

Originality/value

Theoretically, the paper serves as a pioneer research for indigenizing the concept of occupational commitment in the Chinese context, and fills the gap in the existing literature of the subjects being studied. Practically, the results and recommendations in the paper will be useful to those involved in the field of HR management in firms in China.
Working pressure does not necessarily undermine self‐determined motivation
Authors: Wang Ting , Zheng Quanquan
Published: June 2012

Purpose

Based on self‐determination theory and social identity theory, the purpose of this paper is to investigate the role of social identity in buffering the effect of working pressure on the identified motivation (a kind of self‐determined motivation).

Design/methodology/approach

This was an experimental study. In a simulated work setting, the study operationalized social identity as having participants who perceived their belonging to one particular working unit, and working pressure as task deadline. A 2 (social identity salience: salient vs not salient)× 2 (task deadline: deadline vs no deadline) between‐subjects experiment was designed.

Findings

As expected, participants under the condition of task deadline reported less identified motivation, both at the individual and group levels, than did those under the condition without task deadline. Participants under the condition of social identity salient reported more group‐based identified motivation than did those under the condition of social identity not‐salient. Faced with task deadline, participants whose social identity was salient showed more group‐based identified motivation than did those whose social identity was not salient.

Research limitations/implications

This study was carried out in a simulated working situation, which may limit its ecological validity. Future studies have a focus on what will happen in real working contexts and continue to extend the current study theoretically.

Practical implications

The paper's findings suggest that managers motivate employees by emphasizing their perception of group‐membership (i.e. social identity). This strategy was consistent with traditional Chinese management thoughts and values.

Originality/value

The paper is original in bridging social identity theory and self‐determination theory, and putting forward a group‐level‐based extension of self‐determination theory. The paper establishes the causal relationships among social identity, task deadline and identifies motivation by using an experimental approach.
Public service motivation and job satisfaction, organizational citizenship behavior
Authors: Cun Xiaogang
Published: June 2012

Purpose

The purpose of this paper is to examine the cause‐effect chain between public services motivation (PSM) and consequences variables, which include organizational citizenship behaviour (OCB) and job satisfaction (JS) of employees in the public sector of Guangzhou. Another purpose of the paper is to discuss the structure of behavior under the Chinese public sector's traditional culture, from the perspective of integration of three different mechanisms of behavior (ration, norm and affective).

Design/methodology/approach

The paper modified the PSM questionnaire, based on Perry's PSM scale, according to Chinese cultural customs. The data of public service motivation, job satisfaction and organizational citizenship behavior were collected by randomly sampling from the employees in the public sector of Guangzhou. Results were obtained through structural equation modelling for the examination of multiple relationships between PSM and its dimensions, and the consequences; and ANOVA for testing the difference between groups.

Findings

It was found that there are significant differences between groups in the PSM level and correlations exist between PSM, and JS, OCB.

Originality/value

This paper contributes to the literature regarding PSM by examining the relationship between the dimensions of PSM and the consequence variables of OCB and JS against a Chinese cultural background. The paper presents the findings as a model to show the dynamics in these relationships. The integration of three different mechanisms of behavior is novel in the field of human resource management (HRM). The paper not only contributes to the further development of the field, but also implies healthier and more sustainable practices in public HRM.
Cultural differences and applicants' procedural fairness perceptions
Authors: Wang Qingjuan , Hackett Rick D. , Cui Xun , Zhang Yiming
Published: June 2012

Purpose

The purpose of this paper is to examine Chinese traditionality as a predictor of applicants' procedural fairness perceptions in selection, and both its direct and indirect relationship with applicants' recommending behavior, job performance and turnover intention three to four months post hire. Traditionality, as a moderator of perceptions‐outcomes relationships, is also tested.

Design/methodology/approach

Survey data of 218 supervisor‐subordinate dyads were collected from Mainland Chinese organizations. Data were gathered in two waves, with demographic and traditionality measures taken at time 1, and supervisory ratings of performance, recommending behavior and intention to turnover taken at time 2.

Findings

One component of traditionality alone (Respect for Authority) positively predicted applicants' procedural fairness perceptions. These perceptions, in turn, predicted recommending behavior (+), job performance (+) and turnover intentions (−). There were also direct relationships between Respect for Authority and both job performance (+) and turnover intention (−). The data failed to support the moderating effect of Chinese traditionality on the relationships between procedural fairness perceptions and outcome variables.

Research limitations/implications

Despite the methodological strengths of this study, the study is cross‐sectional in nature which weakens causal inferences regarding the relationships in the theoretical model. Moreover, the paper does not investigate empirically the concrete mechanisms from Chinese traditionality to fairness perceptions and from fairness perceptions to outcome variables, since its foci are the predicting and moderating roles of Chinese traditionality.

Originality/value

The paper's findings underscore the importance of Respect for Authority as the key and only component of Chinese traditionality that predicts procedural justice perceptions and worker outcomes.
Servant leadership: a preferred style of school leadership in Singapore
Authors: Zhang Yenming , Lin Tzu‐Bin , Fong Foo Suan
Published: June 2012

Purpose

The concept of “servant leadership” becomes increasingly relevant in organizations while the “authoritative leadership” style continues to be in place as one of the effective styles. The purpose of this paper is to explore which leadership style is perceived a preferred one in the public sector in Singapore. Empirical data come from a survey with school leaders in several school clusters in Singapore, with instruments designed by the researchers.

Design/methodology/approach

The paper is written up on the data drawn from the authors' research project. Both quantitative and qualitative analysis approaches were applied to analyzing the preference between “Servant leadership” and “Authoritative leadership” styles.

Findings

It was found in the study that servant leadership is more acceptable than authoritative leadership and that servant leadership is more effective because it reflects a better use of leaders' power. The findings are displayed in this paper to demonstrate comparisons in the acceptability of servant and authoritative styles.

Practical implications

The paper demonstrates the perceptions of organizational members towards the leadership styles with positive impact on their professional life. Drawing on the insights from the analyses, the paper provides organizational leaders with insights on the relevance and effectiveness of their leadership styles.

Originality/value

The paper is original and is the product of empirical research, with instruments designed by the researchers.
Strategies and techniques to future‐proof the energy performance of housing developments
Authors: Georgiadou Maria‐Christina , Hacking Theophilus
Published: June 2012

Purpose

The purpose of this paper is to investigate “best practice” building strategies and sustainability‐oriented techniques and tools used to assess the energy performance of housing developments. The objective is to propose guidelines that can integrate futures thinking into the selection of energy‐related design responses, such as materials, building components and energy systems, from the early project stages.

Design/methodology/approach

An interdisciplinary approach is adopted with the inclusion of social, economic and environmental aspects of the energy supply and demand. A multiple case study approach is employed, which focuses on the residential sector of European mixed‐use developments that represent sustainable communities of “best practice”.

Findings

The investigation of “best practice” housing developments reveals that the majority of design responses cover mainstream environmental design strategies. Energy efficiency measures are still the “low hanging fruit” towards meeting the sustainability objectives. In addition, established sustainability‐oriented techniques and tools used focus mostly on projections of almost certain facts rather than explorations of a portfolio of plausible futures.

Originality/value

The paper represents a shift away from the short‐term mindset that still dominates design and construction practices. It provides an overview of building strategies and decision‐support techniques and tools for improving and incentivising sustainable energy solutions over the long term.
A methodology for evaluating energy efficient office refurbishments as life cycle investments
Authors: Hertzsch Eckhart , Heywood Christopher , Piechowski Mirek
Published: June 2012

Purpose

The purpose of this paper is to present a methodology to improve decision making about investments that reduce buildings' energy consumption.

Design/methodology/approach

A three‐stage methodology was developed and tested to analyse an existing Australian office building's energy use, its energy rating, and its life cycle investment. In total, seven cases of sets of improvements were modelled for energy performance. Their investment value was evaluated using a life cycle‐based analysis across several investment options.

Findings

A holistic approach to investment shows that the most effective sustainable refurbishments need not be the most expensive. Optimised investment can take advantage of the timing of both re‐investment in component renewal and efficiency gains from the refurbishment. Furthermore, relatively small changes in income can offset capital expenditure for refurbishments and protect against obsolescence.

Originality/value

Much work on sustainable refurbishments rarely considers the investment basis, across a life cycle, of that expenditure, generally seeing them as a cost and rarely considers the optimal time for that expenditure in the asset life cycle. This paper addresses both concerns.
Energy consumption and attitudes for the promotion of sustainability in buildings
Authors: Maleviti Eva , Mulugetta Yacob , Wehrmeyer Walter
Published: June 2012

Purpose

The purpose of this paper is to describe the effect of attitudes in promoting sustainable operations in hotels. The aim of this paper is to demonstrate the interaction between the users' behaviour and the way energy is consumed in Greek hotels in a long‐term period.

Design/methodology/approach

In total, two scenarios are developed, using the Long Range Energy Alternative Planning software (LEAP). Each scenario exhibits different findings proposing significant, but easy to apply alterations to hotels. The first one is the Business as Usual (BaU) scenario, and it is developed based on the current trends in energy use in hotels. The second is the Policy scenario, which is developed based on the existing legislative framework, Greek and EU. Through interviews with open‐ended questions, hoteliers' responses reveal their views and attitudes in energy initiatives, along with the level of information they have on the existing energy legislation – Greek and European – to reduce energy consumption in buildings.

Findings

This research project, aims at identifying the hoteliers' views in applying energy efficiency measures in their facilities. The BaU scenario displays the current energy consumption in hotels, without policy interventions. The Policy scenario displays the effectiveness of each proposed measure in all services offered in hotels. This analysis provides recommendations in order to improve the current energy framework.

Practical implications

This methodology provides the development of a model that combines the existing energy measures considering also the end‐users' behaviour. It shows the areas that need to change in order to reduce energy consumption in the whole population of Greek hotels. It is a process that could be applied easily in other countries, not only in Greece.

Originality/value

This paper is a generic research analysis. The data collection has been selected for the first time from the sample of hotels. This type of research has not been developed previously in Greek hotels, since attitudes, energy consumption and measures have not been combined previously, in order to promote sustainable operations in hotels.
Transportation corridors and cointegration of residential natural gas prices
Authors: Arano Kathleen , Velikova Marieta
Published: June 2012

Purpose

The US natural gas industry has gone through regulatory changes and consequently restructuring over the last 40 years, in an effort to be more market driven. The purpose of this paper is to present an economic analysis of price cointegration in the US natural gas industry as a result of industry restructuring.

Design/methodology/approach

In particular, this paper tests if access to the same major pipeline transportation corridor translates to cointegration of residential natural gas prices.

Findings

Results indicate a high degree of cointegration for States within the same transportation corridor and a greater percentage of State residential prices are cointegrated post the period of full wellhead deregulation (post 1993) versus the transitional period (1989‐1992). In fact, within the Southwest to Southeast transportation corridor, 100 percent of the price‐pairs examined were cointegrated.

Originality/value

The paper shows that the combination open access as a result of restructuring, complemented with an expansive and integrated transportation and distribution network, have likely increased the overall efficiency in the industry.
E‐collaboration: new productivity tool for the twenty‐first century and beyond
Authors: Bidgoli Hossein
Published: June 2012

Purpose

The purpose of this article is twofold. The first is to be able to understand the technical capabilities of e‐collaboration systems from their inception to the present time and their possible future capabilities. The study examines the capabilities of 11 such systems. The article's second purpose is to be able to understand the reasons for the popularity and widespread utilization of e‐collaboration technologies by a large number of organizations.

Design/methodology/approach

The authors conducted literature review and also examined the technical manuals and technical features of 11 leading collaboration platforms. These collaboration tools were also used hands‐on. Selected users of these systems were also interviewed in order to find out their opinions regarding the usability and functionality of these systems.

Findings

After careful review of the literature and analyzing the technical capabilities of 11 e‐collaboration systems the finding of this study was the understanding of and the reasons for the popularity and widespread utilization of e‐collaboration technologies by a wide variety of organizations. Another finding of this study was a clear understanding of different generations of e‐collaboration technologies and the expected capabilities and features of the future generations of these systems.

Originality/value

This paper has significant value for practitioners and organizations that are either using e‐collaboration technologies in their day‐to‐day operations or attempting to employ these tools in order to improve productively and competitiveness and achieving organizational efficiency and effectiveness.
Dysfunctional leadership: organizational cancer
Authors: Dandira Martin
Published: June 2012

Purpose

The purpose of this paper is to help managers and leaders with the necessary information to implement a cure for poor organizational performance

Design/methodology/approach

The author has conducted research in organizations and has found out that many organizations are being affected by dysfunctional leadership, which is acting as a cancer, eating up many organizations.

Findings

Dysfunctional leadership has been found to be the cancer that eats many organizations.

Practical implications

Best practices are provided to cure challenges caused by bad leadership.

Originality/value

This paper gives practical advice from situations in organizations and helps organizations to identify signs of bad leadership and how they can be cured.
From traditional to Islamic marketing strategies
Authors: Tournois Laurent , Aoun Isabelle
Published: June 2012

Purpose

The purpose of this paper is to explore the foundations of an Islamic market oriented cultural approach regarding its possible implementation by non‐Muslim firms.

Design/methodology/approach

The paper is based on a critical review of existing literature on Islamic marketing and branding. Related market oriented strategies (from a cultural perspective) are discussed regarding their possible implementation by non‐Muslim firms, particularly in the context of Lebanon.

Findings

It is found that the theoretical foundations and the results of existing research hold back the understanding and implementation by Western firms and marketers of Islamic marketing principles.

Research limitations/implications

The paper presents only conceptual arguments; it does not include empirical examination at this stage. A quadrad is finally proposed in order to validate these arguments.

Practical implications

Western businesses are faced with many dilemmas when it comes to taking decisions based, in particular, on the understanding and the implementation of marketing with an Islamic root. The major challenge lies in responding successfully to the needs and requirements of Muslim customers through complying with Islamic principles and practices without alienating non‐Muslim customers.

Originality/value

Most of the existing research on Islamic marketing concerns Muslim firms, but few Western firms, when targeting both Muslim and non‐Muslim populations. The paper stresses the importance of expanding the frontiers of recent work on Islamically‐rooted market oriented strategies with reference to conceptual foundations of “traditional” marketing strategies through the value creation goal. Finally, the paper questions the relevance of the traditional dichotomy between global standardization and localization.
Competition law and policy for the EU banking sector in a period of increased economic uncertainty
Authors: Kapsis Ilias
Published: June 2012

Purpose

The purpose of this article is to discuss the long‐term impact of the current financial and economic crisis on competition in the European Union (EU) banking sector.

Design/methodology/approach

The article first discusses the long term role of competition in the banking sector, commenting on policy developments prior to the crisis. Then the impact of the crisis is discussed focusing on two main areas of policy state: aids and bank regulation and supervision. The article culminates with the conclusions.

Findings

The main findings about state aids are that the efforts of the Commission to ensure that aided companies would not use the government support to distort competition seem to be working. However, given that the full impact on competition of these aids may take years to be felt, the Commission should be prepared to take action where necessary to ensure that competition will be protected. The provision of state aids could not have been avoided due to the grave systemic risks associated with bank failures. In respect of regulation and supervision, the article concluded that there is a lot of work to be done in this area to ensure that mistakes that led to the crisis will not be repeated but also that there is need for the Commission to ensure that the reforms to the regulatory and supervisory architecture do not occur at the expense of competition.

Originality/value

The article contains proposals about policy adjustments, thus contributing to the ongoing debate about the role of competition policy in the efforts to address the impact of the crisis.
The digital copyright time bomb in the BRIC economies, some ideas from the UK for the Indian market
Authors: Wing Mark
Published: June 2012

Purpose

The purpose of this work is to provide an overview of the current debate over copyright piracy and its control in Western countries, especially the use of graduated response laws in countries like the UK, and provide some thoughts and lessons on better responses that may be adopted in countries like India where evidence suggests the market in broadband access is rapidly developing, with associated piracy implications.

Design/methodology/approach

The work provides an overview of the current legal issues surrounding copyright piracy, and the most recent response of graduated response laws, together with the flaws in such responses. The author suggests through a coordinated strategy comprising four elements which will increase the success of on‐line businesses involving copyright works (particularly film and music) in attracting people who may traditionally turn to piracy.

Findings

Substantial losses as high as 40 per cent of revenues are reported by some copyright industries due to on‐line piracy. The legal responses so far have proved to be largely ineffective due to problems the author identifies. Further, the latest legal responses such as graduated response will also fail for reasons the author elaborates. It is argued that it is time to take a different more pragmatic and coordinated approach to on‐line piracy.

Practical implications

If the suggested copyright exploitation strategy is adopted and successful, legitimate copyright businesses may start to take market share from piracy and considerably increase their revenues.

Originality/value

The authors model with four interdependent pillars or legs postulates that a successful on‐line copyright business must have a fully coordinated, realistic and pragmatic approach to maximising revenues and minimising losses, as it is clear that legal regulation per se appears to be inadequate to this task.
Prevailing issues in legal education within management and business environments
Authors: Mytton Elizabeth , Gale Chris
Published: June 2012

Purpose

The purpose of this paper is to provide an overview of prevailing issues in UK legal education in terms of current developments and changing patterns.

Design/methodology/approach

The paper is designed to bring together a range of perspectives which inform how legal education is changing in terms of key spheres of influence. The authors are directly involved with the Committee of Heads of University Law Schools in the UK and also have extensive experience of managing law programmes in business and management environments. This experience provides a dynamic opportunity to lead ideas for change whilst being at the forefront of policy and strategy.

Findings

Globalisation of legal, business and management education indicates that the stimuli operating in one jurisdiction are not without response to others. Universities are subject to external influences which impact on the extent to which law schools are able to operate. Political, social, economic and technological factors shape the nexus between external factors and internal spheres of influence. In many ways, law schools appear well‐placed within business or management schools to maximise opportunities to lead change most effectively. This wider perspective provides the ability to transcend local influences and create a more contemporary environment in which to enhance legal education in a global context.

Originality/value

The value of this paper is to highlight current challenges for those in positions of policy‐making and strategic responsibility in law schools. It provides an awareness of prevailing issues in order to inform thinking about how best to position legal education given the changing influences which shape legal education in a global context.
The validity of adjudicators' determinations containing errors of law
Authors: Coggins Jeremy K. , Donohoe Steve
Published: June 2012

Purpose

The purpose of this paper is to analyse the development of English Law and the Law in New South Wales, Australia in statutory adjudication concerning judicial review of adjudicators' errors in law.

Design/methodology/approach

This paper adopts a black‐letter law approach focussing on recent decisions and their effect on statutory adjudication.

Findings

Following the commencement of statutory adjudication in the UK, the English courts swiftly supported the new “pay now, argue later”, rapid form of dispute resolution by holding adjudication to be a private dispute resolution process akin to expert valuation. As such, the English courts have consistently held that adjudicators operate within their jurisdiction even though they may err on points of law, as long as such errors were committed in the course of attempting to answer a question they were contractually authorised to consider. The courts' position in New South Wales (NSW), however, has differed considerably. In NSW, the first Australian State to introduce statutory adjudication, the courts' position with respect to errors of law on the face of the record made by an adjudicator, who had jurisdiction to enter on the inquiry, in the course of making their determination has been somewhat tortuous. Contrary to the initial position following commencement of statutory adjudication, the paper concludes that it may now be more difficult to enforce an adjudicator's determination which contains an error of law in England than in NSW.

Originality/value

This paper compares the development of adjudication law in England with that of one state in Australia. The different directions that the law has taken in these jurisdictions will be of interest to academic and practitioners not only in England and Australia but to other jurisdictions where statutory adjudication has been introduced or where legislation is being considered. To the authors knowledge no previous study of this kind has been carried out previously.
Selective licensing and resident satisfaction in social housing: a UK case study
Authors: Sidoli del Ceno Julian
Published: June 2012

Purpose

The purpose of this paper is to examine empirically the effects of selective licensing on an area of social depravation. The paper consciously focuses solely on the views and perspectives of the residents as opposed to that of the landlord or housing professional.

Design/methodology/approach

The paper is based on a series of structured qualitative interviews with a statistically significant percentage of residents in the given area.

Findings

The selective licence has had some limited but positive effects on the well‐being of the residents. Standards of property management and perceptions of anti‐social behaviour had also improved to a degree. It was clear, however, that many residents could not distinguish the selective licensing process from more generic local authority intervention. Many residents reported an increase in their “self‐esteem” due to the interventions of the local authority, however labelled.

Originality/value

The paper provides original data on the attitudes and perspectives of residents in an area of selective licensing. This is an area of current interest that has yet to receive sustained attention. Whilst centred on legislation in England and Wales its findings and discussion are relevant in other jurisdictions facing similar issues.
The abolition of the “contracts in writing” rule in the 2009 Construction Act
Authors: Akintoye Akintola , Renukappa Suresh , Lal Hamish
Published: June 2012

Purpose

The UK construction industry has been at the forefront of finding efficient, cost‐effective and fair methods of resolving disputes. Therefore, to ensure the 1996 Act is more effective in achieving its intended objective, the new Act came into force on the 1 October 2011 in England and Wales, and 1 November 2011 in Scotland. The purpose of this paper is to explore one of the most important amendments in the new Act, the abolition of the “contract in writing” rule. The extent to which the UK industry is aware of the likely implications of the abolition of the “contracts in writing” rule in the new Act on the adjudication has not been empirically explored – which is the core raison d'être of this paper.

Design/methodology/approach

A web‐based, online questionnaire survey method was employed to collect data. Descriptive analysis was used to analyse the data obtained from the 102 completed and usable questionnaires for inference and conclusion. This research employed t‐tests to compare means of small to medium‐sized enterprises (SMEs) and large organisations.

Findings

The findings suggests that the UK construction industry is well aware of the abolition of the “contracts in writing” rule in the new Act and the industry perception is that it is good for their business. The survey revealed that the amended rule in the new Act would significantly increase number of adjudications, number of hearings before the adjudicator, assessment of witness evidence, costs of the adjudication process, and timescale of an adjudication process. The three most important challenges to the adjudication process with the amended rule in the new Act include: assessment of wholly oral or partly oral contract terms that were agreed, availability of evidence, and availability of information. There are no significant statistical variations between the responses of the SMEs and large organisations.

Practical implications

The paper concludes that the new Act will have significant impact on the UK adjudication. Therefore, the UK industry urgently needs to adopt and become accustomed to quite significant changes in the new Act. It is advised that an industry‐wide awareness‐raising programme on the new Act needs to be developed and deployed.

Originality/value

The paper improves understanding and awareness of the construction industry professionals regarding the likely implications of the abolition of the “contracts in writing” rule in the new Act on the adjudication.
Use of planning agreements to support sustainability and environmental preservation
Authors: Leshinsky Rebecca
Published: June 2012

Purpose

Sustainable values and implementation tools are now more widely included in Australian land use planning and development. Planning agreements are one instrument by which environmental values and preservation can be made more enduring, particularly as planning agreements run with the land. Little has been said about these agreements and the purpose of this paper is to strive to add to the body of knowledge in this area. The aim of this paper is to introduce a contextual framework for planning agreements, drawing on collaborative planning theory and practice. It also demonstrates how planning agreements can been used as a tool to preserve environmental values and principles generally, and more particularly the rich flora and fauna in the surrounding housing estate adjacent to the Royal Botanical Gardens in Cranbourne, Victoria, Australia.

Design/methodology/approach

The paper relies on a case study from the municipality of Casey located in the state of Victoria and introduces measures taken, via planning agreements between the municipality and estate developers, to preserve green values and the flora and fauna located in the surrounds of the Royal Botanical Gardens in Cranbourne.

Findings

The case study suggests that, whilst the planning agreements may have established excellent procedure and practice to preserve the flora and fauna at the botanic gardens and in its surrounds, the effectiveness of the planning agreements as an environmental preservation tool has limitations. This may be due to the lack of resources for more effective information dissemination and enforcement. Ultimately, it may have to be left to the goodwill of residents to ensure environmental protection of the botanic gardens and its surrounds is maintained.

Research limitations/implications

As the housing estate is still a young development, the case study is an exploratory approach. This leaves open the opportunity for further data to be gathered from estate residents into the effectiveness of the preservation and enforcement of the green values and principles raised in the planning agreements. There is also the opportunity to take the study further to ascertain longitudinally, how respectful original and subsequent owners are of the green values planted in the planning agreements.

Originality/value

The analysis of the case study is instructive, particularly as there is a dearth of literature on how effective planning law agreements are as an environmental preservation and sustainability tool.
“But she's violent, too!”: Holding domestic violence offenders accountable within a systemic approach to batterer intervention
Authors: Hamel John
Published: June 2012

Purpose

Holding domestic violence perpetrators accountable for their abusive behavior is the number one objective of batterer intervention programs (BIPs), typically consisting of same‐sex psychoeducational counseling groups. However, such programs have been found to be only marginally successful in reducing recidivism rates. To be more effective, programs need to take into account the complexities of intimate partner violence. The purpose of this article is to offer clinicians working in the field of partner violence suggestions to help them enlist client cooperation and teach responsibility while taking into account the prevalence of mutual abuse dynamics.

Design/methodology/approach

The article draws on findings from the research literature as well as the author's 20 years of clinical experience conducting domestic violence offender treatment groups for both men and women.

Findings

Among individuals court‐mandated to batterer intervention, many are involved in mutually‐abusive relationships. Emerging literature indicates that some are also primarily victims. This poses a dilemma for batterer intervention group facilitators, who must work within a legal framework in which individuals are deemed to be either perpetrators or victims.

Practical implications

Implications of this article for partner violence policy and practice include a need for more flexible, evidence‐based laws on partner violence.

Originality/value

There are few practice articles on working with the various forms of abuse dynamics within a clinical setting, and this is the first that is focused on group treatment. The article should be of value to clinicians working directly with domestic violence perpetrators and victims, as well as to the policy makers who conceptualize, create and fund these programs.
Examining the sexual preference effect in depicted male sexual assault
Authors: Davies Michelle , Boden Stephanie J.
Published: June 2012

Purpose

This study aims to investigate the sexual preference effect in depicted male sexual assault. Consistent with Davies et al., the study seeks to predict that males are more blaming toward gay victims of male perpetrators and heterosexual victims of female perpetrators, while females would not blame the victim.

Design/methodology/approach

In total, 200 participants read a hypothetical scenario depicting a case of the non‐consensual touching of an adult male, and then completed a victim blame scale.

Findings

Analysis of variance confirmed predictions. Results are discussed in relation to gender beliefs and homophobia. Suggestions for future work are proposed.

Originality/value

This study confirms the existence of the sexual preference effect in attributions toward male victims of sexual assault utilising a scenario depicting non‐consensual touching. These findings extend current knowledge in this growing area.
US National Survey: more men than women victims of intimate partner violence
Authors: Hoff Bert H.
Published: June 2012

Purpose

This paper seeks to re‐examine data from the US National Intimate Partner and Sexual Violence Survey (NISVS) to explore the extent of intimate partner violence against male victims. It aims to examine the domestic violence system's response to male victims.

Design/methodology/approach

The paper's approach is to re‐examine NISVS data, research on the impact of IPV on male victims and the system's response to it.

Findings

In the last year, males are more often the victim of intimate partner physical violence, psychological aggression and control over sexual/reproductive health.

Social implications

Increased domestic violence education directed at women and services to men should lead to a reduction of DV against women as well as men, since woman aggressors frequently are themselves victimized subsequently.

Originality/value

This paper offers new perspectives on intimate partner violence against men and the system's response to it.
A disclosure index to measure the extent of corporate governance reporting by UAE listed corporations
Authors: Kamal Hassan Mostafa
Published: June 2012

Purpose

The purpose of this paper is to examine the extent of corporate governance reporting by United Arab Emirates (UAE) listed corporations.

Design/methodology/approach

The paper reports on the study of annual reports of 95 UAE listed corporations representing the major economic sectors (banking, insurance, industrial and service) in the country while crafting a corporate governance reporting index that not only advocates the voluntary publication of corporate governance information but also stresses its underlying ethos of public accountability and transparency.

Findings

Overall, the extent of governance disclosure is found to be similar across the major economic sectors in the UAE. The lowest disclosures are associated with information about external auditing and non‐audit services. The highest disclosures are those dealing with management structure and transparency, which are also found to be significantly different across the sectors in the UAE.

Research limitations/implications

The study examines the corporations' annual reports, as this is the only vehicle in which corporate governance information is disclosed. Future research is recommended to include other disclosure channels such as press releases, corporations' websites, and online reporting.

Practical implications

The findings of this study can assist UAE regulators in formulating corporate governance disclosure requirements. The findings also provide the international business community insights concerning the extent of corporate governance reporting in the UAE.

Originality/value

The crafted corporate governance reporting index not only adds a quantitative dimension advocating the voluntary publication of governance information but also considers the socio‐political context in the UAE.