826 resultados para political legal environment


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Public sector organisations (PSOs) operate in information-intensive environments often within operational contexts where efficiency is a goal. What's more, the rapid adoption of IT is expected to facilitate good governance within public sector organisations but it often clashes with the bureaucratic culture of these organisations. Accordingly, models such as IT Governance (ITG) and government reform -in particular the new public management (NPM)- were introduced in PSOs in an effort to address the inefficiencies of bureaucracy and under performance. This work explores the potential effect of change in political direction and policy on the stability of IT governance in Australian public sector organisations. The aim of this paper is to examine implications of a change of government and the resulting political environment on the effectiveness of the audit function of ITG. The empirical data discussed here indicate that a number of aspects of audit functionality were negatively affected by change in political direction and resultant policy changes. The results indicate a perceived decline in capacity and capability which in turn disrupts the stability of IT governance systems in public sector organisations.

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[ES] Las empresas turísticas se encuentran inmersas en un entorno cambiante, caracterizado por los avances tecnológicos, al aumento de la competencia global y a las consecuencias derivadas de la crisis económica mundial. Ante estas circunstancias, las empresas turísticas se ven obligadas a diseñar estrategias de marketing y llevar a cabo planes estratégicos. Pues bien, para entender el marketing y desarrollar estrategias eficaces, es fundamental entender el contexto en el que opera la empresa, puesto que en él se generan las oportunidades del mercado y se presentan las amenazas que van a condicionar su futuro. Entre las fuerzas que integran el entorno empresarial se encuentran la economía, la sociedad, la política o la demografía, entre otras.

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Climate change is thought to be one of the most pressing environmental problems facing humanity. However, due in part to failures in political communication and how the issue has been historically defined in American politics, discussions of climate change remain gridlocked and polarized. In this dissertation, I explore how climate change has been historically constructed as a political issue, how conflicts between climate advocates and skeptics have been communicated, and what effects polarization has had on political communication, particularly on the communication of climate change to skeptical audiences. I use a variety of methodological tools to consider these questions, including evolutionary frame analysis, which uses textual data to show how issues are framed and constructed over time; Kullback-Leibler divergence content analysis, which allows for comparison of advocate and skeptical framing over time; and experimental framing methods to test how audiences react to and process different presentations of climate change. I identify six major portrayals of climate change from 1988 to 2012, but find that no single construction of the issue has dominated the public discourse defining the problem. In addition, the construction of climate change may be associated with changes in public political sentiment, such as greater pessimism about climate action when the electorate becomes more conservative. As the issue of climate change has become more polarized in American politics, one proposed causal pathway for the observed polarization is that advocate and skeptic framing of climate change focuses on different facets of the issue and ignores rival arguments, a practice known as “talking past.” However, I find no evidence of increased talking past in 25 years of popular newsmedia reporting on the issue, suggesting both that talking past has not driven public polarization or that polarization is occurring in venues outside of the mainstream public discourse, such as blogs. To examine how polarization affects political communication on climate change, I test the cognitive processing of a variety of messages and sources that promote action against climate change among Republican individuals. Rather than identifying frames that are powerful enough to overcome polarization, I find that Republicans exhibit telltale signs of motivated skepticism on the issue, that is, they reject framing that runs counter to their party line and political identity. This result suggests that polarization constrains political communication on polarized issues, overshadowing traditional message and source effects of framing and increasing the difficulty communicators experience in reaching skeptical audiences.

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This study looks at the historical context in which PACs developed, as well as the current legal environment in which they operate. It will also briefly discuss the legal and procedural challenges that candidates face and the ways in which PACs alleviate some of these pressures in ways that presidential committees cannot. An understanding of the strategic dilemmas which cause candidates to seek extraneous structures through which to establish campaign networks is essential to extrapolating the potential future of campaign finance strategy. Furthermore, this study provides an in-depth analysis of the state Commonwealth PACs both in terms of fundraising and spending, and discusses the central issues this state PAC strategy raises with respect to campaign finance law. The study will conclude with a look into the future of campaign financing and the role these state-level PACs may play if current rules are not revised.

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This chapter considers the legal ramifications of Wikipedia, and other online media, such as the Encyclopedia of Life. Nathaniel Tkacz (2007) has observed: 'Wikipedia is an ideal entry-point from which to approach the shifting character of knowledge in contemporary society.' He observes: 'Scholarship on Wikipedia from computer science, history, philosophy, pedagogy and media studies has moved beyond speculation regarding its considerable potential, to the task of interpreting - and potentially intervening in - the significance of Wikipedia's impact' (Tkacz 2007). After an introduction, Part II considers the evolution and development of Wikipedia, and the legal troubles that have attended it. It also considers the establishment of rival online encyclopedia - such as Citizendium set up by Larry Sanger, the co-founder of Wikipedia; and Knol, the mysterious new project of Google. Part III explores the use of mass, collaborative authorship in the field of science. In particular, it looks at the development of the Encyclopedia of Life, which seeks to document the world's biodiversity. This chapter expresses concern that Wiki-based software had to develop in a largely hostile and inimical legal environment. It contends that copyright law and related fields of intellectual property need to be reformed in order better to accommodate users of copyright material (Rimmer 2007). This chapter makes a number of recommendations. First, there is a need to acknowledge and recognize forms of mass, collaborative production and consumption - not just individual authorship. Second, the view of a copyright 'work' and other subject matter as a complete and closed piece of cultural production also should be reconceptualised. Third, the defense of fair use should be expanded to accommodate a wide range of amateur, peer-to-peer production activities - not only in the United States, but in other jurisdictions as well. Fourth, the safe harbor protections accorded to Internet intermediaries, such as Wikipedia, should be strengthened. Fifth, there should be a defense in respect of the use of 'orphan works' - especially in cases of large-scale digitization. Sixth, the innovations of open source licensing should be expressly incorporated and entrenched within the formal framework of copyright laws. Finally, courts should craft judicial remedies to take into account concerns about political censorship and freedom of speech.

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While the homes threatened by erosion and the developer illegally filling in marshlands are the projects that make the headlines, for many state regulatory programs, it’s the residential docks and piers that take up the most time. When is a dock too long? What about crossing extended property lines? And at what point does a creek have too many docks? There are no easy answers to any of the dock and pier related questions. Each state has to craft the laws and policies that are best for its natural resources and its political and legal environment. At the same time, mistakes in judgment can be costly for the organization, the homeowner, and the natural resources. At the request of the Georgia Coastal Management Program, the National Oceanic and Atmospheric Administration (NOAA) Coastal Services Center compiled an inventory of dock information for four states—Georgia, Florida, North Carolina, and South Carolina. Federal laws, state laws and regulations, permitting policies, and contact information are included in a tabular format that is easy to use. (PDF contaions 18 pages)

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Companies in Victorian Britain operated in a laissez-faire legal environment from the perspective of outside investors, implying that such investors were not protected by the legal system. This article seeks to identify the alternative mechanisms that outside shareholders used to protect themselves by examining the dividend policy and governance of over 800 publicly traded companies at the beginning of the 1880s. We assess the importance of these mechanisms by estimating their impact on Tobin's Q. Our evidence suggests that dividends and well-structured and incentivized boards of directors may have played a role in protecting the interests of outside investors.

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Significant increases in direct private investment in developing countries in recent decades have also led to increased interest in political risk insurance. Of importance to transnational advocacy networks are the environmental and social impacts of guaranteeing loans for private sector projects in developing countries with weak or no social or environmental safeguards. This article examines how transnational advocacy networks have attempted to influence political risk insurers to become sustainable development guarantors through a case study of the World Bank Group’s Multilateral Investment Guarantee Agency (MIGA). Analyzing how advocacy networks influenced MIGA’s projects, policies, and accountability institutions enables greater understanding of how to ‘politicize finance.’ It also assesses the likelihood of shaping political risk insurance identities to become sustainable development guarantors. The outcomes of such an analysis however, question the extent to which politicizing finance necessarily leads to further greening of the international development lending process.

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Purpose – The purpose of this paper is to test a model of cooperation between internationalising businesses and local and host country governments in the context of Australian companies internationalising to China.

Design/methodology/approach –
The paper presents a model for the political dimensions of internationalising based on corporate political theory and the cooperative view of management. Data were collected from personal interviews with representatives from 40 Australian organisations with businesses or operations in China. The data were analysed using NVivo.

Findings – Assistance provided by the Australian government was often sought and was perceived to be beneficial. Most participants experienced policies and regulations which affected their entry modes. In ten cases they acted as barriers and significantly influenced entry mode choice. The majority of participants viewed the development of relationships with the Chinese government as important and employed a variety of relationship behaviours. Over half of the participants identified the need to understand and deal with the psychically distant government structures of the Chinese government, namely government intervention in business.

Practical implications – The model links the organisational objectives of businesses internationalising to China, understanding the political/regulatory environment, selecting an entry mode and developing/maintaining a successful business. To achieve these objectives corporate political behaviour must reflect the sovereign powers in place at the time.

Originality/value – The paper presents a model which develops the literature for the political dimensions of internationalisation. It also presents empirical data on the political dimensions of internationalising into China. These findings will assist businesses in understanding political factors when internationalising to China.

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The steady increase of regulations and its acceleration due to the financial crisis heavily affect the management of regulatory compliance. Regulations, such as Basel III and Solvency II particularly impact data warehouses and lead to many organizational and technical changes. From an IS perspective modeling techniques for data warehouse requirement elicitation help to manage conceptual requirements. From a legal perspective attempts to visualize regulatory requirements – so called legal visualization approaches – have been developed. This paper investigates whether a conceptual modeling technique for regulatory-driven data warehouse requirements is applicable for representing data warehouse requirements in a legal environment. Applying the modeling technique H2 for Reporting in three extensive modeling projects provides three contributions. First, evidence for the applicability of a modeling technique for regulatory-driven data warehouse requirements is given. Second, lessons learned for further modeling projects are provided. Third, a discussion towards a combined perspective of information modeling and legal visualization is presented.

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The present work aims to identify emerging organizational changes in the Court of Accounts of the State of Rio de Janeiro - TCE/RJ that are happening in the contemporary scenery known as the Age of Information. The search for the comprehension of the institutional dynamics is oriented by concepts originated from the theory of complexity, which believe that the public services external control system can be understood in a political, technical and legal environment with growing levels of learning and innovation. While chasing the possible causes of these changes, we try to prove the hypothesis that the TCE/RJ is turning into a more transparent organization. For this purpose, we define the outlines and reaches of the principle of transparency, based in bibliographical and documental researches, and analyze the phenomenon perceived in a explanation research through semi-structured interviews performed with two groups: a sample representing the universe under jurisdiction entities top level directors and the other obtained in the universe of formal and informal leaderships existing in the educational body of the institution. The conclusion of the present work confirms the initial questions, indicating that the organization is really becoming more and more transparent. The social-technical changes that are happening today at the TCE/RJ are caused by the growing social pressure for more effective results in the control of public expenditures. Under the systemic point of view, we observe cracks in the protective bell-glass that evolves the institution - previously hermetic to the external contingencies and that works today as a SAC - Adaptive Complex System. Aspects such as organization structural changes, the introduction of strategic planning and the growing democratization of the decision process are producing a new organizational culture. The seniority of the Technical Headcount contributes to establish the pre-conditions for the development of a administration where the participation of the TCE/RJ technical employees adds importance to its development as an institution that generates republican effects in the society from its less hermetic decision process.

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A presente tese tem como objetivo principal a identificação dos aspectos institucionais, políticos, legais, e econômicos presentes no processo de colonização privada praticados por empresas e famílias nos municípios de São José do Rio Claro e Canarana, ambos no Estado de Mato Grosso. A importância em descortinar tais aspectos se dá em função da necessidade de compreender a colonização privada voltada para pequenos agricultores do Centro-Sul do país, alocados na Amazônia mato-grossense. Os aprofundamentos dessas análises permitirão subsidiar futuros processos de colonização, assim como, mitigar prováveis impactos negativos que se repercutem ainda hoje nesses municípios. A pesquisa foi operacionalizada em estudo de campo em ambos os municípios. A pesquisa bibliográfica e documental procurou levantar os aspectos da história econômica, da ocupação territorial, da presença das organizações e dos processos institucionais que possibilitaram a comercialização das terras e as consequências da colonização privada para pequenos agricultores. Nesse sentido, o estudo confirma a hipótese que a colonização privada ensejou na lógica de produção capitalista latifundiária. O pequeno agricultor do Centro-Sul teve acesso a terra, mas por uma lógica de mercado que possibilitou através das terras devolutas o processo de compra e venda de áreas de tamanhos diversos, até mesmo em quantidades inferiores à permitida pelo órgão oficial do governo. Fomentou a ocupação, o trabalhador rural, principalmente o pequeno também serviu de mão de obra necessária para os grandes projetos capitalistas. Identificou-se que os pequenos produtores não estavam contemplados nos planejamentos das organizações governamentais. A colonização privada empreendida por empresas e famílias se configura como uma continuação da "colonial empresa". A ocupação da Amazônia mato-grossense estabeleceu com a presença das organizações e das instituições públicas e privadas o processo de privatização de terras, tidas por devolutas de Mato Grosso. A burla para a aquisição de terras foi instrumentalizada por leis e organizações que facilitaram a compra junto ao Estado. Essas terras chegaram aos pequenos agricultores do Centro-Sul via comercialização empreendidas pelos colonizadores particulares. Os agricultores migrantes vieram de uma cultura produtiva baseada em um ambiente próprio do sul e sudeste. Em Mato Grosso, enfrentaram dificuldades com o clima e qualidade do solo daqui do Centro-Oeste, gerando uma diferença edafoclimática, limitando a produção agrícola com a cultura que trouxeram. Entre acertos e erros, geraram conhecimentos, próprios de iniciativas endógenas, embora consideram que seu conhecimento de pioneiro não é reconhecido e valorizado nas políticas públicas, que ainda busca assentar pequenos trabalhadores agrícolas.