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Journal articles on the topic 'Jurisdictions'
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1
Gaztea, Joseba Fernández. "A Jurisdiction of Jurisdictions." Review of European Administrative Law 12, no. 1 (September 13, 2019): 9–37. http://dx.doi.org/10.7590/187479819x15656877527179.
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Schitka, Barrett. "Private International Law Implications in Conflicts of Interest for Lawyers Licensed in Multiple Countries." McGill Law Journal 60, no. 3 (August 18, 2015): 431–74. http://dx.doi.org/10.7202/1032676ar.
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Conflicts of interest issues are one of the most complicated areas of the law that lawyers and law firms face on a day-to-day basis. These issues are further complicated when lawyers are licensed in more than one jurisdiction and become subject to multiple ethical regimes. This article investigates what rules and duties are applicable to lawyers licensed in multiple jurisdictions, and what solutions are available to the lawyer when the law governing lawyers from different jurisdictions diverges or conflicts. Through a discussion of the Canadian and United States rules on conflicts of interest, this article advocates for a two-step “proper law” approach to determine which jurisdiction’s ethical rules should be applied.
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Jackman, PhD, Andrea M., and Mario G. Beruvides, PhD, PE. "The variational effects of jurisdictional attributes on hazard mitigation planning costs." Journal of Emergency Management 13, no. 1 (February 25, 2016): 53. http://dx.doi.org/10.5055/jem.2015.0217.
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Under the Disaster Mitigation Act of 2000 and Federal Emergency Management Agency's subsequent Interim Final Rule, the requirement was placed on local governments to author and gain approval for a Hazard Mitigation Plan (HMP) for the areas under their jurisdiction. Low completion percentages for HMPs—less than one-third of eligible governments— were found by an analysis conducted 3 years after the final deadline for the aforementioned legislation took place. Follow-up studies showed little improvement at 5 and 8 years after the deadline. Based on these results, a previous study hypothesized that the cost of creating a HMP might be an influential factor in explaining why most jurisdictions had failed to write or gain approval for a HMP. The frequency of natural hazards experienced by the planning jurisdiction, the number of jurisdictions participating in the plan, and the population and population density were found to explain more than half of the variation in HMP costs. This study is a continuation of that effort, finding that there are significant differences in cost both across ranges of values for the jurisdictional attributes and single-jurisdictional versus multijurisdictional plans.
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STEELE, Stacey, Meng Seng WEE, and Ian RAMSAY. "Remunerating Corporate Insolvency Practitioners in the United Kingdom, Australia, and Singapore: The Roles of Courts." Asian Journal of Comparative Law 13, no. 1 (December 18, 2017): 141–72. http://dx.doi.org/10.1017/asjcl.2017.20.
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AbstractInsolvency practitioner remuneration is a vexed topic globally and the role of courts in fixing and reviewing remuneration is controversial. This article compares the approaches adopted by the courts in the United Kingdom, Australia and Singapore to the issue of fixing and reviewing corporate insolvency practitioners’ remuneration. The analysis considers the factors that the courts in the three jurisdictions consider in deciding remuneration claims including reasonableness, proportionality and the need for insolvency practitioners to justify their claims. Measures taken in each of the jurisdictions to facilitate predictability in time-based remuneration, whether through legislation, professional codes or judicial development, are examined. Various initiatives towards greater participation of external experts in deciding remuneration claims are also considered. The analysis finds that the three jurisdictions share some similarities despite jurisdictional differences but also differ in some important aspects. The article argues that courts have taken the initiative in each jurisdiction to fill a perceived regulatory gap where legislation provides little or ambiguous guidance, or where the judiciary believes that legislation and regulation have not kept up with community expectations. The results also highlight the cross-pollination of ideas in these jurisdictions.
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Feigenberg, Benjamin, and Conrad Miller. "Racial Divisions and Criminal Justice: Evidence from Southern State Courts." American Economic Journal: Economic Policy 13, no. 2 (May 1, 2021): 207–40. http://dx.doi.org/10.1257/pol.20180688.
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The US criminal justice system is exceptionally punitive. We test whether racial heterogeneity is one cause, exploiting cross-jurisdiction variation in punishment severity in four Southern states. We estimate the causal effect of jurisdiction on arrest outcomes using a fixed effects model that incorporates extensive charge and defendant controls. We validate our estimates using defendants charged in multiple jurisdictions. Consistent with a model of ingroup bias in electorate preferences, the relationship between local severity and Black population share follows an inverted U-shape. Within states, defendants are 27–54 percent more likely to be incarcerated in “peak” heterogeneous jurisdictions than in homogeneous jurisdictions. We estimate that confinement rates and race-based confinement rate gaps would fall by 15 percent if all jurisdictions adopted the severity of homogeneous jurisdictions within their state. (JEL H76, J15, K42)
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Augustine, Grace. "We’re Not Like Those Crazy Hippies: The Dynamics of Jurisdictional Drift in Externally Mandated Occupational Groups." Organization Science 32, no. 4 (July 2021): 1056–78. http://dx.doi.org/10.1287/orsc.2020.1423.
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External actors often advocate for organizations to address a wide range of societal concerns, such as diversity, equality, and sustainability, and organizations have frequently responded by establishing new positions to oversee these demands. However, calls to address social problems can be broad and unrelated to an organization’s primary objectives, so the external mandates that underpin these new positions do not easily translate to clear task jurisdictions inside organizations. Furthermore, previous studies have found that the tasks that are pursued by occupations established through external pressure often diverge from what external groups had envisioned for these new roles. This study addresses the question of why this divergence occurs. It does so by examining the formation of the occupational group of sustainability managers in higher education. Through fieldwork, interviews, and analyses of longitudinal archival data, this paper uncovers the dynamics of jurisdictional drift and shows how jurisdictional drift unfolded first through sustainability managers’ confrontation of their jurisdictional ambiguity, and then through their efforts at performing neutrality, in particular by trading external Politics for internal politics and trading values for standards. Additionally, it uncovers how the sustainability managers attempted to partially realign their jurisdiction with their external mandate, but did so in a concealed manner. This study illuminates the process of how jurisdictions can come to drift away from mandates, highlights the importance of studying how mandates are translated into jurisdictions, and also furthers our understanding of the formation of externally mandated occupational groups.
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Umunay, Peter, Breanna Lujan, Christopher Meyer, and Josefina Cobián. "Trifecta of Success for Reducing Commodity-Driven Deforestation: Assessing the Intersection of REDD+ Programs, Jurisdictional Approaches, and Private Sector Commitments." Forests 9, no. 10 (October 2, 2018): 609. http://dx.doi.org/10.3390/f9100609.
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To date, numerous public- and private-sector efforts, commitments, and initiatives to reduce commodity-driven deforestation have emerged. In and of themselves, these elements—namely REDD+ programs, jurisdictional approaches (JAs), and private sector commitments—are necessary, but they are not sufficient to reduce deforestation. When operating together, however, these efforts have the potential to significantly reduce commodity-driven deforestation. This research aimed to determine whether and where REDD+ programs, JAs, and private sector commitments overlap in what are termed “trifecta jurisdictions”. Considering that each element possesses features that can enhance and complement those of the others, the authors hypothesized that—but did not ascertain whether—trifecta jurisdictions present the greatest potential to reduce commodity-driven deforestation. A total of 13 trifecta jurisdictions and six bifecta jurisdictions—where two of the three elements are present—were identified by: compiling a dataset of REDD+ programs, JAs, and private sector commitments; evaluating all potential options against established criteria; and categorizing them according to trifecta or bifecta jurisdiction status. The fact that a majority of trifecta and bifecta jurisdictions are located in countries with the most tropical tree cover loss is also significant in that it highlights the presence of these elements where most needed, and how high deforestation rates might be attracting REDD+ program, JA, and private sector commitment activities. Although many of the REDD+ programs, JAs, and private sector commitments are relatively nascent and their ability to collectively reduce deforestation is not yet clearly evident, this article posited that synergistic potential is greatest in trifecta and bifecta jurisdictions and that efforts should be made to greater align these elements.
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Barber, Paul. "What is a Peculiar?" Ecclesiastical Law Journal 3, no. 16 (1995): 299–312. http://dx.doi.org/10.1017/s0956618x00002210.
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A peculiar or exempt jurisdiction is, broadly speaking, one which does not fit into the general scheme of jurisdiction within the Church. It is “exempt” from the “normal” structures, its jurisdiction is “peculiar” to itself. It is important at this stage to note that peculiars are jurisdictions, not places, still less buildings. A jurisdiction can be personal, territorial, or a mixture of the two. However, since the reformation, most jurisdictions in the Church of England have been largely territorial, hence the convention of referring to them as places.
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Mazzantini, Gabriele. "La liberalizzazione dei servizi pubblici locali alla luce del federalismo funzionale: il caso dei servizi energetici." ECONOMIA PUBBLICA, no. 3 (May 2009): 89–107. http://dx.doi.org/10.3280/ep2008-003004.
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- The theory of FOCJ (Functional, Overlapping, Competing Jurisdictions) introduces a notion of functional federalism in which each jurisdiction is responsible for the provision of a specific class of public goods. In other terms, in the model citizens can choose some local public goods without moving from one jurisdiction to another, as Buchanan's and Tiebout's theories would require. This theory appears especially suitable to explain and illustrate the evolution of the Italian case, in which the liberalisation of the energy sector has enabled the consumers to choose their own gas and electricity supplier. This could be achieved detaching the production and marketing of the service from the management of the related network. In this way, it is possible to introduce for the first time a real competition between suppliers of local public goods and to break off the monopolies of the local incumbent: citizens addressing the same seller, belong to the same «functional jurisdictions», while citizens living in the same area can belong to different jurisdictions. In the future, we can foresee the emergence of two kinds of jurisdiction: small jurisdictions, highly localized, where the supplied service is highly specialized and customised; and bigger jurisdictions, characterized by the exploitation of economies of scale, in which the supplied service is undifferentiated and cheaper. JEL D72, H410, H73
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Morrison, Andra. "SCANNING THE HORIZON IN A DECENTRALIZED HEALTHCARE SYSTEM: THE CANADIAN EXPERIENCE." International Journal of Technology Assessment in Health Care 28, no. 3 (July 2012): 327–32. http://dx.doi.org/10.1017/s0266462312000323.
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Canada has a highly decentralized health care system with 13 provinces and territories delivering health care within their own respective jurisdictions. Decisions regarding which innovative health technologies to adopt are often driven by the unique health care priorities of each jurisdiction's population. To understand these needs, the Canadian Agency for Drugs and Technologies in Health's (CADTH's) Early Awareness Service has expanded its activities. In addition to proactively scanning the horizon for new and emerging health technologies, the Early Awareness Service also scans the horizon for national and jurisdictional health policy issues. This paper looks at CADTH's process for identifying and monitoring policy issues at a national and jurisdictional level.CADTH's Early Awareness Service delivers timely information on emerging health care concerns and technologies that may affect health care finances, facilities, operations, and patient care. The identification of important policy issues can help determine which new and emerging technologies will have the most significant impact on the health care system. The information that CADTH scans can also be used to help decision-makers prepare for potential developments and events that may have an impact on health care systems.By improving its capability to identify and share policy issues across and within jurisdictions, CADTH is better situated to provide information that can be used by policy-makers to help them plan and anticipate for the introduction of new technologies and future developments affecting the unique health care needs of their jurisdictions.
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Chesterman, Simon. "The Evolution of Legal Education: Internationalization, Transnationalization, Globalization." German Law Journal 10, no. 6-7 (July 2009): 877–88. http://dx.doi.org/10.1017/s2071832200001395.
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This article examines the evolution of legal education as it has moved through international, transnational, and now global paradigms. It explores these paradigms by reference to practice, pedagogy, and research. Internationalization saw the world as an archipelago of jurisdictions, with a small number of lawyers involved in mediating disputes between jurisdictions or determining which jurisdiction applied; transnationalization saw the world as a patchwork, with greater need for familiarity across jurisdictions and hence a growth in exchanges and collaborations; globalization is now seeing the world as a web in more ways than one, with lawyers needing to be comfortable in multiple jurisdictions.
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Austin, Zubin, and Paul A. M. Gregory. "Quality Assurance and Maintenance of Competence Assessment Mechanisms in the Professions:." Journal of Medical Regulation 103, no. 2 (January 1, 2017): 22–34. http://dx.doi.org/10.30770/2572-1852-103.2.22.
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Regulatory bodies of health and non-health professions around the world have developed a diverse array of mechanisms to ensure maintenance of competence of practitioners. Quality assurance of professionals' practices is crucial to the work of regulators, yet there are few examples of interprofessional or cross-jurisdictional comparisons of approaches and mechanisms used to achieve this important objective. This review was undertaken using an indicative sampling method: to control for local cultural factors, all regulated health- and non-health professions in a single jurisdiction (Ontario, Canada) were studied, while intra-jurisdictional comparison was facilitated through targeted study of large professions (such as medicine, pharmacy and teaching) in other English-language jurisdictions (such as California, USA; the United Kingdom and Australia). A total of 91 regulated professions were examined to identify trends, commonalities and differences related to approaches used for professional quality assurance and maintenance of competence assessment. A diverse array of approaches was identified, highlighting divergent approaches to defining and measuring competency in the professions. Further comparative work examining this issue is required to help identify best- and promising-practices that can be shared among regulators from different jurisdictions and professions.
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Andrianova, Natalya G. "The List of Offshore Zones in the Russian Law." Jurist 11 (October 8, 2020): 49–54. http://dx.doi.org/10.18572/1812-3929-2020-11-49-54.
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Definition of the term «offshore jurisdiction» is not set forth in the Russian law, the list of offshore jurisdictions is compiled by the Ministry of Finance of the Russian Federation, however the process and criteria, which are examined to add the jurisdiction in the list, are not formalized. Nevertheless, making a list of offshore jurisdictions is a matter of vital importance, because legal entities, registered in such zones are not entitled to use several benefits in Russia, are subject to enhanced control, their activity in specified spheres is limited. The practice of European Union blacklisting process was analyzed in the article, were scrutinized criteria for screening jurisdictions with a view to establishing an European Union list. Precisely established process and criteria makes it possible to form the list objectively, acts as a spur to foreign jurisdictions for cooperation, bringing domestic legislation in accordance with international base erosion and profit shifting requirements. Providing a legislative framework for criteria of offshore zones will lead to rising of transparency of compilation of this list, annual update of the list will allow objectively estimate the current state of foreign jurisdictions relating to the problems of tax evasion and money laundering.
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Lichman, Leonid. "The influence of the norms of material and procedural law on the determination of civil jurisdiction of the case." Slovo of the National School of Judges of Ukraine, no. 1(34) (July 5, 2021): 64–78. http://dx.doi.org/10.37566/2707-6849-2021-1(34)-6.
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The article analyzes such a type of judicial jurisdiction as civil. The consequences of a judge's erroneous determination of the type of jurisdiction are noted. It is proposed to distinguish between civil jurisdiction in statics and dynamics. It is argued that subject and subject jurisdictions constitute the statics of the institution of jurisdiction. Instance and territorial jurisdictions are a manifestation of dynamics. Based on the case law of the Grand Chamber of the Supreme Court, criteria for delimitation of judicial jurisdictions are proposed. To establish the nature of the case, the judge at the stage of opening proceedings must preliminarily (conditionally) apply the rules of substantive and procedural law by modeling the legal structures of relations between the parties, their qualifications. Considering the subject, grounds and content of the claims, evidence confirming these circumstances, the judge must establish that between the plaintiff and the defendant during recourse to the court there is a civil relationship in which there is a dispute or that there is a possibility of infringement the plaintiff's property right, other property rights or if the life and health of the person applying to the court is in danger. The subject of protection in civil proceedings may also be the freedom of an individual or an interest that does not contradict the general principles of civil law, including the public or other person's interest. If the application is not subject to consideration in civil proceedings, the judge shall determine to which jurisdiction the case is assigned or that the case is not subject to judicial review. Keywords: judicial and civil jurisdiction, subject jurisdiction, delimitation of judicial jurisdictions, preliminary (conditional) application of civil law and procedural norms.
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Colledge, Alan. "Special Features: Duties of the Examining Physician." Guides Newsletter 10, no. 5 (September 1, 2005): 6. http://dx.doi.org/10.1001/amaguidesnewsletters.2005.sepoct03.
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Abstract Workers’ compensation systems provided $25.3 billion of compensation benefits in 1999, and nearly $19 billion of this was compensation for permanent injury. Under workers’ compensation, when injured worker have missed a predetermined amount of work time, they are eligible for wage indemnification (the amount is determined by the jurisdiction). Benefits continue until the disabling condition either permits a return to work or reaches a plateau at which healing ends and no significant improvement is likely (maximum medical improvement or a permanent and stationary condition). How the award is calculated differs from jurisdiction to jurisdiction: In some jurisdictions, permanent injury benefits are awarded only on the direct physical loss; other jurisdictions compensate to some degree for expected wage loss, loss of employment options, expenses for accommodating the disability, and, perhaps, an implicit award for psychological loss and pain. Some jurisdictions require all impairments to be combined as a single whole person impairment, but others use individual impairments expressed as a regional impairment. In some jurisdictions, the permanent benefit is statutory and has no medical or clinical basis (eg, some statutes limit or disallow awards for conditions such as tinnitus or certain psychological conditions). Evaluators must be aware of statutes, administrative rules, and case law that apply to the evaluation.
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Zhao, Peixin, Marjorie Darrah, Jim Nolan, and Cun-Quan Zhang. "Analyses of Crime Patterns in NIBRS Data Based on a Novel Graph Theory Clustering Method: Virginia as a Case Study." Scientific World Journal 2014 (2014): 1–8. http://dx.doi.org/10.1155/2014/492461.
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This paper suggests a novel clustering method for analyzing the National Incident-Based Reporting System (NIBRS) data, which include the determination of correlation of different crime types, the development of a likelihood index for crimes to occur in a jurisdiction, and the clustering of jurisdictions based on crime type. The method was tested by using the 2005 assault data from 121 jurisdictions in Virginia as a test case. The analyses of these data show that some different crime types are correlated and some different crime parameters are correlated with different crime types. The analyses also show that certain jurisdictions within Virginia share certain crime patterns. This information assists with constructing a pattern for a specific crime type and can be used to determine whether a jurisdiction may be more likely to see this type of crime occur in their area.
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Reulier, Emmanuelle, and Yvon Rocaboy. "Finite–Lived Politicians and Yardstick Competition." Journal of Public Finance and Public Choice 24, no. 1 (April 1, 2006): 23–40. http://dx.doi.org/10.1332/251569206x15665366751210.
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Abstract The introduction of finite-lived politicians within a life cycle model raises the well-known 'last period problem'. An opportunistic incumbent, who is serving his/her last term, will not be penalized for introducing higher taxes. In this and other respects, tax competition is often considered as a yardstick. Changes in the tax rate within a given jurisdiction are influenced by the tax rate changes in neighboring jurisdictions. Combining these two notions yields the conclusion that a leviathan politician in office may not be contained if the incumbent in the neighboring jurisdiction is holding office for the last time. In this paper we challenge that conclusion. We show that the efficiency of yardstick competition in restraining opportunistic political behavior depends upon the number of competing jurisdictions and the way in which these jurisdictions are spatially organized.
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Tucker, Eric. "Diverging Trends in Worker Health and Safety Protection and Participation in Canada, 1985-2000." Articles 58, no. 3 (January 22, 2004): 395–426. http://dx.doi.org/10.7202/007493ar.
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SummaryDespite the comprehensiveness of neo-liberal restructuring in Canada, it has not proceeded uniformly in its timing or outcomes across regulatory fields and political jurisdictions. The example of occupational health and safety (OHS) regulation is instructive. This article compares recent OHS developments in five Canadian jurisdictions, Alberta, British Columbia, Nova Scotia, Ontario and the Federal jurisdiction. It finds that despite the adoption of a common model by all jurisdictions, there has recently been considerable divergence in the way that the elements of worker participation and protection have been combined. Modified power resource theory is used to explain a portion of this divergence.
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SCHOTEL, BAS. "Legal Protection as Competition for Jurisdiction: The Case of Refugee Protection through Law in the Past and at Present." Leiden Journal of International Law 31, no. 1 (November 27, 2017): 9–32. http://dx.doi.org/10.1017/s0922156517000565.
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AbstractThis article explores the structure of the legal protection of refugees in Europe today. To this end, it will contrast historical arrangements providing protection to refugees, namely church asylum in the late Middle Ages and refuge for religious minorities, with the current European refugee regime, that is the Common European Asylum System (CEAS), in particular the Dublin system. The central claim of this article is that a basic condition for the legal protection of refugees is the existence of multiple jurisdictions, which in turn caters for competition for jurisdiction. The official logic of the CEAS, however, endorses harmonization, unity and the hierarchy of jurisdictions rather than a competition between jurisdictions. This partially explains the difficulties under the CEAS in organizing the protection of refugees through law. In policy terms, this article supports calls for reconsidering the Dublin Regulation, since through the ‘single jurisdiction’ approach Dublin hampers the legal protection of refugees.
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Deschamps, Michel. "Conflict-of-laws rules on assignments of receivables in the United States and Canada." Uniform Law Review 24, no. 4 (December 1, 2019): 649–63. http://dx.doi.org/10.1093/ulr/unz041.
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Abstract This article describes the conflict-of-laws rules of the USA and Canada on the effectiveness against third parties and priority of an assignment of trade receivables. Comparisons are also made with the rules proposed on these issues by the European Commission’s Proposal of 12 March 2018 and the UNCITRAL Model Law on Secured Transactions. The conflict-of-laws rules examined in the article generally designate the location of the assignor as the place whose law applies to the effectiveness against third parties and the priority of an assignment. The article shows however that the definition of the location of the assignor varies from one jurisdiction to another (statutory seat, chief executive office, state of constitution, etc.) Moreover, the US rules and certain Canadian rules define the location of a business corporation using a criterion which is different depending on the corporation’s jurisdiction of incorporation. In addition, the European Commission’s Proposal allows the parties to an assignment made in the course of a securisation transaction to deviate from the assignor’s location rule and select the law governing the receivable as the applicable law. All of these differences result in a lack of harmonization. The article also summarizes the analysis that a financier must conduct to identify the jurisdiction(s) where the financier would normally want that an assignment in its favour be recognized. The relevant jurisdictions are normally the jurisdiction(s) in which insolvency proceedings relating to the assignor may take place and the other jurisdiction(s) where the debtors of the receivables could be located; a dispute might sometimes occur in these other jurisdictions with a competing claimant attempting to claim priority (e.g. a judgement creditor who would seize receivables owed by the debtors located in those jurisdictions). As the insolvency jurisdiction(s) and the other jurisdiction(s) in which the debtors are located may have different conflict-of-laws rules, a prudent financier should examine the applicable rules of all relevant jurisdictions.
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Bakumenko, Vasily. "Asymmetric Jurisdiction Clauses: Grounds for Validity Within Different Jurisdictions." Russian Law Journal 8, no. 3 (September 2, 2020): 84–115. http://dx.doi.org/10.17589/2309-8678-2020-8-3-84-115.
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The article is devoted to the comparative analysis of asymmetric jurisdiction clauses in international procedural law. The paper focuses, firstly, on a detailed analysis of the national and international approaches to the nature and interpretation of asymmetric jurisdiction clauses within international civil procedure, and, secondly, on the rules on interpretation, validity and enforcement of such clauses under different jurisdictions and private international law in general. After examining the accumulated case law and theoretical material, particular attention is paid to the issue that currently there is a number of different grounds for recognition of asymmetric jurisdiction clauses as valid. Although Russian courts tend to invalidate such clauses, the issue has not been unambiguously resolved and requires reconsideration of the established approaches in light of the recent trends on international level. Thus, particular attention is paid to the highly problematic and contradictory aspects of unilateral dispute resolution provisions under the general principles of law, including autonomy, mutuality and equality of the parties. The article proposes to reconsider the most typical arguments for invalidating such clauses, both in terms of substantive and procedural principles. Analysis of these issues is of key theoretical and practical importance for the effective evolution of modern arbitration and litigation practices not only in Russia but all over the world.
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Jabbi, Bu-Buakei. "“Autonomic judicial review”: powers in search of identity and assertion." Journal of African Law 43, no. 1 (1999): 99–111. http://dx.doi.org/10.1017/s0021855300008743.
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In English law, since 1977 at least, the term “application for judicial review” has come to refer to the special method of applying for public law remedies in the supervisory jurisdiction of the High Court over inferior courts and administrative bodies or authorities. Moreover, die fine expositions flowing from that jurisdiction—comprising judicial decisions, dicta and learned writings alike—have tended to sound at points as if “judicial review” might be more or less coterminous with “supervisory review”. A useful introduction to the subject, ostensibly setting out “to examine the various different review jurisdictions vested in die English courts”, however, ends up acknowledging and treating only the appellate and supervisory jurisdictions.
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Grewal, B. S., and R. L. Mathews. "Locational Surplus and the Redistributive Role of National and Subnational Governments." Environment and Planning C: Government and Policy 4, no. 3 (September 1986): 317–24. http://dx.doi.org/10.1068/c040317.
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In this paper the implications of locational surplus, defined as the benefits a citizen perceives as accruing to him/her by remaining in his/her present jurisdiction rather than migrating to another jurisdiction, are examined with respect to the traditional view that redistributive policies cannot be carried out effectively by subnational governments. Whether responsibility for redistributive policies should be assigned to national or to subnational governments is shown to depend on the extent to which there are disparities in economic and social conditions among subnational jurisdictions on the one hand, and on the extent to which distributional preferences differ among jurisdictions on the other.
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Clark, Gordon L. "The Significance of Financial Competence and Risk Tolerance in Home-Related Expenditure by Jurisdiction and Regime." Zeitschrift für Wirtschaftsgeographie 65, no. 1 (March 1, 2021): 12–27. http://dx.doi.org/10.1515/zfw-2020-0035.
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AbstractUnderstanding observed geographical patterns in financial behaviour requires an analytical approach that joins global forces with national institutions and behavioural practices to account for similarities and differences in key explanatory variables. Patterns of home-related expenditures are regressed against individuals’ attributes including age, gender, income, and employment status along with measures of individual’s financial acumen. It is shown that there are differences in the statistical significance of individual attributes and financial factors (competence and risk tolerance) by jurisdiction, and between groups of jurisdictions distinguishing between Anglo-American and European countries. Implications are drawn for research at intersection of global finance, jurisdictional context and individual decision-making.
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Macdonald, Douglas Charles, Asya Bidordinova, and Avet Khachatryan. "Rising Subnational Greenhouse Gas Emissions: A Challenge to Meeting Federal Climate Policy." Canadian Journal of European and Russian Studies 14, no. 2 (April 27, 2021): 79–101. http://dx.doi.org/10.22215/cjers.v14i2.2770.
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Policy makers in federated countries and the EU seeking to reduce total greenhouse gas emissions face a challenge when emissions are rising in some subnational jurisdictions. The magnitude of that challenge is influenced by the portion of total emissions represented by those jurisdictions, the rate of change in that portion, and the political power of those jurisdictions. This phenomenon is examined by a comparison of the role of rising-emission jurisdictions in the EU and Canada. We define a “rising-emission jurisdiction” as one in which emissions were higher in 2018 than in 1990, regardless of how its emissions may have risen or fallen between those dates. Those findings show that the role of rising-emission jurisdictions must be added to the factors identified in the literature explaining why between 1990 and 2018 EU emissions have declined by 25% while Canadian emissions have increased by 21%. To better understand this phenomenon and to help policy makers cope with it, more research is needed on its influence in other federated countries.
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King, David C. "The Nature of Congressional Committee Jurisdictions." American Political Science Review 88, no. 1 (March 1994): 48–62. http://dx.doi.org/10.2307/2944881.
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Jurisdictions are the defining characteristics of committee systems, and they are central in any discussions about the U. S. Congress; yet we know little about them. Where do committee property rights come from? Are they rigid? Are they flexible? I introduce a distinction between statutory jurisdictions (which are written in the House and Senate Rules) and common law jurisdictions (which emerge through bill referral precedents). Turf is gained through common law advances, not through formal rules changes (like the “reforms” passed by the House in 1946, 1974, and 1980). Jurisdictional change is ongoing and incremental. The analysis draws on an examination of hearings held by the House Commerce Committee from 1947 through 1990.
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Potts, Shaina. "Reterritorializing economic governance: Contracts, space, and law in transborder economic geographies." Environment and Planning A: Economy and Space 48, no. 3 (September 30, 2015): 523–39. http://dx.doi.org/10.1177/0308518x15607468.
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All large firms exploit regulatory variation across jurisdictions by exporting activity to strategic locations around the globe. Less well known are the ways major economic players bring other jurisdictions to them without moving at all. The use of governing law clauses by which parties select which jurisdiction’s laws will apply to their contracts, means that many commercial contracts today, especially in finance, have little or no significant connection to the jurisdictions that govern them. In this article, I explore 20th-century transformations in US choice of law practices to argue that changing conceptions of freedom of contract and the public–private distinction have been intimately linked to increasingly flexible economic geographies and a reterritorialization of economic governance. The results have been far from homogeneous; governing law clauses have become an important tool of competition among jurisdictions, with some losing control of economic activity within their own borders, while others, like New York and England, have gained influence far beyond theirs.
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Drummond, Michael, Federico Augustovski, Zoltán Kaló, Bong-Min Yang, Andres Pichon-Riviere, Eun-Young Bae, and Sachin Kamal-Bahl. "CHALLENGES FACED IN TRANSFERRING ECONOMIC EVALUATIONS TO MIDDLE INCOME COUNTRIES." International Journal of Technology Assessment in Health Care 31, no. 6 (2015): 442–48. http://dx.doi.org/10.1017/s0266462315000604.
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Background: Decision makers in middle-income countries are using economic evaluations (EEs) in pricing and reimbursement decisions for pharmaceuticals. However, whilst many of these jurisdictions have local submission guidelines and local expertise, the studies themselves often use economic models developed elsewhere and elements of data from countries other than the jurisdiction concerned. The objectives of this study were to describe the current situation and to assess the challenges faced by decision makers in transferring data and analyses from other jurisdictions.Methods: Experienced health service researchers in each region conducted an interview survey of representatives of decision making bodies from jurisdictions in Asia, Central and Eastern Europe, and Latin America that had at least 1 year's experience of using EEs.Results: Representatives of the relevant organizations in twelve countries were interviewed. All twelve jurisdictions had developed official guidelines for the conduct of EEs. All but one of the organizations evaluated studies submitted to them, but 9 also conducted studies and 7 commissioned them. Nine of the organizations stated that, in evaluating EEs submitted to them, they had consulted a study performed in a different jurisdiction. Data on relevant treatment effect was generally considered more transferable than those on prices/unit costs. Views on the transferability of epidemiological data, data on resource use and health state preference values were more mixed. Eight of the respondents stated that analyses submitted to them had used models developed in other jurisdictions. Four of the organizations had a policy requiring models to be adapted to reflect local circumstances. The main obstacles to transferring EEs were the different patterns of care or wealth of the developed countries from which most economic evaluations originate.Conclusions: In middle-income countries it is commonplace to deal with the issue of transferring analyses or data from other jurisdictions. Decision makers in these countries face several challenges, mainly due to differences in current standard of care, practice patterns, or gross domestic product between the developed countries where the majority of the studies are conducted and their own jurisdiction
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Engelhardt, Hanns. "The Constitution of the Anglican Church in Aotearoa, New Zealand and Polynesia: A Model for Europe?" Ecclesiastical Law Journal 16, no. 3 (August 13, 2014): 340–50. http://dx.doi.org/10.1017/s0956618x14000544.
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It is a peculiarity of the European continent that there are four independent Anglican jurisdictions side by side: the Church of England with its Diocese in Europe, The Episcopal Church, based in the United States of America, with its Convocation of Episcopal Churches in Europe, and the Lusitanian and Spanish Reformed Episcopal Churches which are extra-provincial dioceses in the Anglican Communion. Alongside these, there are the Old Catholic Churches of the Union of Utrecht, with dioceses in the Netherlands, Germany, Austria and Switzerland. All of them are in full communion with each other, but they lack a comprehensive jurisdictional structure; consequently, there are cities where two or three bishops exercise jurisdiction canonically totally separately.
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Muchiri, Moses. "In Search for a Jurisprudential Justification for the Recognition of a Right of Publicity in Kenya." GRUR International 69, no. 6 (May 23, 2020): 585–615. http://dx.doi.org/10.1093/grurint/ikaa063.
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Abstract Publicity rights fall in the intersection between classic intellectual property rights law, unfair trade practices law and privacy rights law. This is an area that has recently witnessed notable judicial decisions in Kenya which have not gained ample exposure and is therefore worth looking into as an area for potential emerging jurisprudence. A look at the existing practices across different jurisdictions in the world reveals various positions and approaches with respect to publicity rights. On one hand, there are jurisdictions in which publicity rights are categorized within the broad spectrum of personality rights, while in other jurisdictions these rights are treated as proprietary rights. Some jurisdictions also take a hybrid approach that amalgamates both proprietary and personality rights approaches. Publicity rights cut across four broad legal areas: tort, property, privacy and unfair trade practice law. These rights also have common similarities with copyright and trademark rights, although they are not synonymous. A significant number of countries which recognize a right of publicity have a mixture of elements of these areas, either as a form of common law approach based on the tort of passing off, or specific statutory enactments on publicity rights. Legal practice and development in each jurisdiction must be considered in the knowledge that each country has developed specific publicity rights mechanisms in response to the socio-economic needs and realities existing in its particular jurisdiction. This study surveys the legal landscape with respect to development of personality rights in Kenya. It also takes a brief look at several other select jurisdictions in an attempt to answer the question whether there is a jurisprudential justification for the recognition of a publicity right in Kenya.
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Kalyanpur, Nikhil, and Abraham L. Newman. "Mobilizing Market Power: Jurisdictional Expansion as Economic Statecraft." International Organization 73, no. 1 (August 13, 2018): 1–34. http://dx.doi.org/10.1017/s0020818318000334.
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AbstractStates with large markets routinely compete with one another to shield domestic regulatory policies from global pressure, export their rules to other jurisdictions, and provide their firms with competitive advantages. Most arguments about market power tend to operationalize the concept in economic terms. In this paper, we argue that a state's ability to leverage or block these adjustment pressures is not only conditioned by their relative economic position but also by the political institutions that govern their markets. Specifically, we expect that where a state chooses to draw jurisdictional boundaries over markets directly shapes its global influence. When a state expands its jurisdiction, harmonizing rules across otherwise distinct subnational or national markets, for example, it can curtail a rival's authority. We test the theory by assessing how changes in internal governance within the European Union altered firm behavior in response to US extraterritorial pressure. Empirically, we examine foreign firm delisting decisions from US stock markets after the adoption of the Sarbanes–Oxley accounting legislation. The act, which included an exogenous compliance shock, follows the harmonization of stock market governance across various European jurisdictions. Econometric analysis of firm-level data illustrates that EU-based companies, which benefited from jurisdictional expansion, were substantially more likely to leave the American market and avoid adjustment pressures. Our findings contribute to debates on the role of political institutions in economic statecraft and suggest the conditions under which future regulatory conflicts will arise between status quo and rising economic powers.
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Mclean, Maxwell, Jason Roach, and Rachel Armitage. "Local variations in reporting deaths to the coroner in England and Wales: a postcode lottery?" Journal of Clinical Pathology 66, no. 11 (July 29, 2013): 933–36. http://dx.doi.org/10.1136/jclinpath-2013-201640.
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AimsIn England and Wales, doctors are charged with a responsibility either to report a death to the coroner or issue a medical certificate specifying cause of death. A lack of formal prescriptive or presumptive oversight has resulted in the promulgation by individual coroners of local reporting regimes. The study reported here identified overall and gendered variations in local reporting rates to coroners across the jurisdictions of England and Wales, consistent over time.MethodsAnalysis was performed on Ministry of Justice (MOJ) data pertaining to the numbers and proportions of deaths reported to the coroner by jurisdiction over a 10-year period (2001–2010). Office of National Statistics (ONS) data provided the numbers of deaths registered in England and Wales over the same period to serve as a denominator for the calculation of proportions. Where coroner jurisdictions (and local authorities) had been amalgamated during this period, the combined reported and registered death figures have been included in line with the current jurisdiction areas.ResultsWhile reporting rates for individual jurisdictions were found to be stable over the 10-year period, wide local variations in reporting deaths to coroners were found with no obvious demographic explanation. The gender of the deceased was identified as a major factor in local variation.ConclusionsThe decision to report a death to the coroner varies across jurisdictions. Implications for coronial investigations are discussed and the need for wider research into coroners’ decision-making is proposed.
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Kelly-Reif, Kaitlin, Jessica L. Rinsky, Sophia K. Chiu, Sherry Burrer, Marie A. de Perio, Alexis Grimes Trotter, Sarah Selica Miura, et al. "Media Reports as a Tool for Timely Monitoring of COVID-19–Related Deaths Among First Responders—United States, April 2020." Public Health Reports 136, no. 3 (February 22, 2021): 315–19. http://dx.doi.org/10.1177/0033354921999171.
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We aimed to describe coronavirus disease 2019 (COVID-19) deaths among first responders early in the COVID-19 pandemic. We used media reports to gather timely information about COVID-19–related deaths among first responders during March 30–April 30, 2020, and evaluated the sensitivity of media scanning compared with traditional surveillance. We abstracted information about demographic characteristics, occupation, underlying conditions, and exposure source. Twelve of 19 US public health jurisdictions with data on reported deaths provided verification, and 7 jurisdictions reported whether additional deaths had occurred; we calculated the sensitivity of media scanning among these 7 jurisdictions. We identified 97 COVID-19–related first-responder deaths during the study period through media and jurisdiction reports. Participating jurisdictions reported 5 deaths not reported by the media. Sixty-six decedents worked in law enforcement, and 31 decedents worked in fire/emergency medical services. Media reports rarely noted underlying conditions. The media scan sensitivity was 88% (95% CI, 73%-96%) in the subset of 7 jurisdictions. Media reports demonstrated high sensitivity in documenting COVID-19–related deaths among first responders; however, information on risk factors was scarce. Routine collection of data on industry and occupation could improve understanding of COVID-19 morbidity and mortality among all workers.
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Palmer, Vernon Valentine. "Quebec and Her Sisters in the Third Legal Family." McGill Law Journal 54, no. 2 (December 3, 2009): 321–51. http://dx.doi.org/10.7202/038657ar.
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The global legal landscape is populated with at least three legal families: civil, common, and mixed. This third family, and Quebec’s place within it, forms the subject of the 2008 Wainwright Lecture. Professor Vernon Palmer proposes that although jurisdictions in this family may share certain features, there is no single model of a mixed jurisdiction. A thriving legal system, like that in Quebec, inevitably draws support from its own distinctive social, cultural, and institutional context. The lecture proceeds by means of a five-fold exploration of the concept of “mixed jurisdictions”:
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Giuranno, Michele G. "Inter–Jurisdictional Cost–Sharing of Public Spending." Journal of Public Finance and Public Choice 28, no. 2 (October 1, 2010): 179–86. http://dx.doi.org/10.1332/251569210x15665367279471.
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Abstract This paper deals with the issue of how two geographically separate jurisdictions should share the cost of a centralized and uniformly provided public good. The key assumption is that jurisdictional representatives make decisions by bargaining in die centralised legislature. Results suggest that jurisdictions may reach a mutually beneficial agreement by equalising the net welfare gain produced by the provision of die public good, rather than the public good cost. The model identifies the efficiency and redistributive implications of such an agreement.
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Schjelderup, Guttorm. "Secrecy jurisdictions." International Tax and Public Finance 23, no. 1 (March 6, 2015): 168–89. http://dx.doi.org/10.1007/s10797-015-9350-7.
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Bryan, Zahler. "The tale of two representatives and two jurisdictions." Trusts & Trustees 27, no. 4 (May 1, 2021): 338–43. http://dx.doi.org/10.1093/tandt/ttab020.
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Abstract Firewall provisions have become a common feature of offshore jurisdictions since this type of legislation was first introduced by the Cayman Islands in 1987. In a world in which trustees of offshore trusts are increasingly likely to find themselves being joined to foreign proceedings, firewall provisions act as a mechanism through which offshore trusts can be protected from foreign judgments inconsistent with key aspects of the local law. Unlike legislation introduced in other jurisdictions, however, the Trusts Law (2020 Revision) does not include an express jurisdiction provision as part of its firewall provisions. The conventional view adopted by the Cayman Island courts had nonetheless been that exclusive jurisdiction in relation to particular matters was conferred on the Cayman Island courts by section 90 of the Trusts Law. In the recent Re Stingray Trust decision, the Grand Court of the Cayman Islands distinguished previous authorities and held that section 90 is limited to a governing law provision, thereby affirming the continuing importance of the doctrine of forum non conveniens.
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McAnaney, Donal, and Richard Wynne. "Stress, Absence and Reintegration: Perceptions and Practice of Professionals in Six European Jurisdictions." International Journal of Disability Management 1, no. 1 (May 1, 2006): 31–41. http://dx.doi.org/10.1375/jdmr.1.1.31.
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AbstractAs part of a larger study into stress, absence and reintegration (Stress Impact 2003–2005), semistructured interviews were carried out with a range of professionals including general practitioners, occupational health physicians, health and safety officers, human resource professionals, general managers, mental health professionals and return-to-work coordinators. The aim of the study was to explore professional perceptions of stress recognition/diagnosis, experiences, stress factors, interventions, referrals, the return-to-work process and disability management in six European Union jurisdictions (Austria, Finland, Ireland, Italy, the Netherlands and the United Kingdom). The most striking characteristic of the responses was the lack of congruence in views and beliefs within the same professional group across jurisdictional boundaries and between professionals within the same jurisdiction. There was little evidence that any clear message is getting across to professionals. Professionals need to respond more flexibly to stress-related absence, particularly in the use of psychosocial and work-based disability management supports or interventions.
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Spence, Alison, Penelope Love, Rebecca Byrne, Amy Wakem, Louisa Matwiejczyk, Amanda Devine, Rebecca Golley, and Ros Sambell. "Childcare Food Provision Recommendations Vary across Australia: Jurisdictional Comparison and Nutrition Expert Perspectives." International Journal of Environmental Research and Public Health 17, no. 18 (September 17, 2020): 6793. http://dx.doi.org/10.3390/ijerph17186793.
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Early childhood is a critical stage for nutrition promotion, and childcare settings have the potential for wide-reaching impact on food intake. There are currently no Australian national guidelines for childcare food provision, and the comparability of existing guidelines across jurisdictions is unknown. This project aimed to map and compare childcare food provision guidelines and to explore perspectives amongst early childhood nutrition experts for alignment of jurisdictional childcare food provision guidelines with the Australian Dietary Guidelines (ADG). A desktop review was conducted and formed the basis of an online survey. A national convenience sample of childhood nutrition experts was surveyed. Existing guideline recommendations for food group serving quantities were similar across jurisdictions but contained many minor differences. Of the 49 survey respondents, most (84–100%) agreed with aligning food group provision recommendations to provide at least 50% of the recommended ADG serves for children. Most (94%) agreed that discretionary foods should be offered less than once per month or never. Jurisdictional childcare food provision guidelines do not currently align, raising challenges for national accreditation and the provision of support and resources for services across jurisdictions. Childhood nutrition experts support national alignment of food provision guidelines with the ADG.
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Matthews, Nancy, and Angela Otterwell. "Small Jurisdictions…Big Ideas." Legal Information Management 5, no. 4 (December 2005): 215–19. http://dx.doi.org/10.1017/s1472669605000915.
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How do you get two solo information professionals in two separate small island jurisdictions to give one presentation, talking as one? Especially two who had never met together until the day before they were due to give the presentation at the 2005 BIALL conference in Harrogate The way this came about neatly sums up what it is like to be an information professional in a small jurisdiction. You spend a long time on the telephone and email, you take the initiative, collaborate, share ideas and bring out the best in each other. In short, you reach out beyond your little island, because not to do so means not to operate effectively.
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Medvedieva, Maryna. "Jurisdictional issues in the Ogoni case." Law Review of Kyiv University of Law, no. 3 (November 10, 2020): 332–37. http://dx.doi.org/10.36695/2219-5521.3.2020.60.
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The article analyzes the Ogoni case, which combines several high-profile lawsuits in the courts of Nigeria, the United States, theNetherlands, the United Kingdom, the African Commission on Human Rights, and the Court of Justice of the Economic Communityof West Africa. Practical issues related to the jurisdiction of states are covered, namely, extraterritorial jurisdiction, universal jurisdictionin civil matters, ‘piercing the corporate veil’, ‘forum shopping’, doctrines ‘forum non conveniens’, ‘forum necessitatis’, etc. The Ogonicase demonstrated the diversity and complexity of jurisdictional issues at the national and international levels. Although in terms ofjurisdiction the courts of Nigeria were the most appropriate forum to bring an action in this case, due to the inefficiency of the Nigerianjudicial system, the plaintiffs appealed to other jurisdictions. The Wiwa and Kiobel cases before the US courts can be considered asexamples of an attempt, albeit unsuccessful, to implement the extraterritorial application of US national law and to apply the principleof universal jurisdiction in civil tort cases. US courts have denied the plaintiffs’ claims under the ‘forum non conveniens’ doctrine andrefused to apply extraterritorially the American tort law to corporations located and registered in other states. In the Akpan case, theDistrict Court of the Netherlands refused to ‘pierce the corporate veil’, but the Court of Appeal ruled that it had jurisdiction to hear thacase concerning both Shell and the Nigerian subsidiary. In the Kiobel case, which is also before the courts of the Netherlands, an alternativebasis for jurisdiction was used – ‘forum necessitatis’. In the Okpabi case, the British courts have so far refused to recognize theirjurisdiction. It should be noted that the Wiwa and Kiobel cases concern the liability of Shell and SPDC for human rights violations,while the Akpan and Okpabi cases concern the civil liability for environmental damage. The above proceedings in national and internationalcourts are a clear example of ‘forum shopping’. The case was considered by the African Commission on Human Rights, whichrecognized its jurisdiction despite the absence of domestic remedies exhaustion, and by the West African Economic Community Court,which recognized its jurisdiction to hear the case under the African Charter as well as international covenants on human rights.
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Medvedieva, Maryna. "Jurisdictional issues in the Ogoni case." Law Review of Kyiv University of Law, no. 3 (November 10, 2020): 332–37. http://dx.doi.org/10.36695/2219-5521.3.2020.13.
Full textAbstract:
The article analyzes the Ogoni case, which combines several high-profile lawsuits in the courts of Nigeria, the United States, theNetherlands, the United Kingdom, the African Commission on Human Rights, and the Court of Justice of the Economic Communityof West Africa. Practical issues related to the jurisdiction of states are covered, namely, extraterritorial jurisdiction, universal jurisdictionin civil matters, ‘piercing the corporate veil’, ‘forum shopping’, doctrines ‘forum non conveniens’, ‘forum necessitatis’, etc. The Ogonicase demonstrated the diversity and complexity of jurisdictional issues at the national and international levels. Although in terms ofjurisdiction the courts of Nigeria were the most appropriate forum to bring an action in this case, due to the inefficiency of the Nigerianjudicial system, the plaintiffs appealed to other jurisdictions. The Wiwa and Kiobel cases before the US courts can be considered asexamples of an attempt, albeit unsuccessful, to implement the extraterritorial application of US national law and to apply the principleof universal jurisdiction in civil tort cases. US courts have denied the plaintiffs’ claims under the ‘forum non conveniens’ doctrine andrefused to apply extraterritorially the American tort law to corporations located and registered in other states. In the Akpan case, theDistrict Court of the Netherlands refused to ‘pierce the corporate veil’, but the Court of Appeal ruled that it had jurisdiction to hear thacase concerning both Shell and the Nigerian subsidiary. In the Kiobel case, which is also before the courts of the Netherlands, an alternativebasis for jurisdiction was used – ‘forum necessitatis’. In the Okpabi case, the British courts have so far refused to recognize theirjurisdiction. It should be noted that the Wiwa and Kiobel cases concern the liability of Shell and SPDC for human rights violations,while the Akpan and Okpabi cases concern the civil liability for environmental damage. The above proceedings in national and internationalcourts are a clear example of ‘forum shopping’. The case was considered by the African Commission on Human Rights, whichrecognized its jurisdiction despite the absence of domestic remedies exhaustion, and by the West African Economic Community Court,which recognized its jurisdiction to hear the case under the African Charter as well as international covenants on human rights.
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Caruana-Galizia, Paul, and Matthew Caruana-Galizia. "Offshore financial activity and tax policy: evidence from a leaked data set." Journal of Public Policy 36, no. 3 (March 7, 2016): 457–88. http://dx.doi.org/10.1017/s0143814x16000027.
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AbstractWe assess the European Union’s (EU) most significant international tax policy. The 2005 Tax and Savings Directive obliges cooperating jurisdictions to withhold tax or report on interest income earned by entities whose beneficial owner is an EU resident. As the Directive applies only to beneficial ownership in cooperative jurisdictions, it can be circumvented by transferring ownership to a non-EU resident or company or by transferring the entity to a non-cooperative jurisdiction. Using a database on individual offshore entities leaked from two firms in 2013, we compare the response of EU-owned entities with a control group of non-EU-owned entities. We show that the growth of EU-owned entities declined immediately after the Directive’s implementation, whereas that of non-EU-owned entities remained stable. We observe the substitution of EU ownership for non-EU ownership, as well as the substitution of cooperative for non-cooperative offshore jurisdictions. This calls for anti-evasion policies that are broader in scope and scale.
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Boucher, Martin. "Governance and decentralized energy transitions: a comparative case study of three medium-sized cities in Sweden, Canada, and the United States." Central European Review of Economics and Management 4, no. 1 (February 12, 2020): 71–106. http://dx.doi.org/10.29015/cerem.846.
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Aim: This study examines the impact of governance on decentralized energy transitions. Knowledge of how particular jurisdictions and their governance arrangements influence these transitions can help strengthen and contextualize divergent trajectories of decentralized energy transitions and—most importantly—reveal the role of geographical context in policy change. Design: This research gap is addressed in this paper by comparing the uptake of decentralized energy transitions in three cities in three different countries—Luleå (Sweden), Saskatoon (Canada), and Anchorage (United States). The jurisdictions in each city has unique governance contexts pertaining to electric utilities, regulations, public policy, and public acceptance. By comparing these transitions, this study highlights the governance considerations for decentralized energy transitions and asks how does governance impact decentralized energy transitions in cities? To answer this question, actors within various public, private, and sectoral capacities were interviewed to provide their insights on decentralized energy transitions in each jurisdiction. Conclusion: I present five governance dimensions that impact decentralized energy transitions and explain how these factors can be included to provide a more contextual understanding of patterns of decentralized energy transitions in cities. Originality: Much of the literature on decentralized energy and cities has focused on project and sectoral level analysis and hasn’t considered the holistic nature of the energy system transition. A particular gap that would help inform a broader understanding is the jurisdictional governance impacts of decentralization energy transitions. Implications of the Research: In practical terms, the results could be used to inform inter-jurisdictional comparisons of decentralization energy projects. Limitations of the Research: Given that there were three case studies, it is not possible to make generalizable claims from the results.
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Tahmindjis, Phillip. "Sexual Harassment and Australian Anti-Discrimination Law." International Journal of Discrimination and the Law 7, no. 1-4 (September 2005): 87–126. http://dx.doi.org/10.1177/135822910500700404.
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This paper examines the law of sexual harassment in Australia and concludes that, while there is extensive legislative coverage at Commonwealth, State and Territory levels, this coverage is uneven. The differences and resulting outcomes between local jurisdictions are considered. The differences between Australian laws and overseas jurisdictions are also considered, particularly with respect to procedure in sexual harassment cases and remedies in a jurisdiction where punitive damages are not allowed. The paper considers the positive and negative features of the Australian law and argues that greater education of the legal profession is needed to allow the adequate delivery of justice to people who have been sexually harassed.
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Mergaerts, Lore, and Roxanna Dehaghani. "Protecting vulnerable suspects in police investigations in Europe: Lessons learned from England and Wales and Belgium." New Journal of European Criminal Law 11, no. 3 (July 28, 2020): 313–34. http://dx.doi.org/10.1177/2032284420943299.
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This article provides an analysis of the provisions relating to vulnerable suspects, with a focus on adults, in England and Wales and in Belgium. In doing so, the various problems and lessons learned from each jurisdiction are examined. Situated within the context of how these provisions have been developed, both at a domestic level and at a European level, we argue that neither system offers an ideal approach to the vulnerability of suspects, but we also posit that the two jurisdictions can learn from one another in their approach. Herein, we suggest that both jurisdictions must do more to protect adult vulnerable suspects and offer potential avenues for improvement.
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Vaišvilienė, Renata. "Tarptautinė baudžiamoji išimtinė ir konkuruojanti pirminė jurisdikcija." Teisė 81 (January 1, 2011): 186–200. http://dx.doi.org/10.15388/teise.2011.0.142.
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Straipsnyje, skirtame tarptautinės baudžiamosios išimtinės ir konkuruojančios pirminės jurisdikcijos analizei, aptariami praktiniai jų įtvirtinimo pavyzdžiai, nagrinėjamos nustatymo ir veikimo problemos.The publication deals with exclusive and concurrent primary international criminal jurisdictions. International experience in determining exclusive and concurrent primary jurisdiction also their practical application is analysed.
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Hughes, David. "Is It Really a Risk? The Parameters of the Criminalisation of the Sexual Transmission/Exposure to HIV." Journal of Criminal Law 84, no. 3 (March 10, 2020): 191–210. http://dx.doi.org/10.1177/0022018320908668.
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This article considers whether there is a rationale for criminalisation of the sexual transmission and exposure to HIV by reviewing the harm principle. The article then provides a comparative jurisdictional analysis of transmission and exposure in three particularised jurisdictions: England, Canada and the US. It will be established that few jurisdictions truly consider the risk of serious harm, and thus lack a theoretical foundation for criminalisation. A comparison of relational judicial precepts will follow the discussion of extant law in each country. The final part of the article proposes a bespoke new legislative framework that will criminalise certain types of transmission and exposure.
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Mueller, Kathryn L. "Literature Review." Guides Newsletter 1, no. 2 (November 1, 1996): 3. http://dx.doi.org/10.1001/amaguidesnewsletters.1996.novdec03.
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Abstract The AMA Guides to the Evaluation of Permanent Impairment (AMA Guides) has been adopted by many jurisdictions for evaluating permanent impairment. The AMA Guides is formally accepted by means of adoptive language in each jurisdiction's statutes or regulatory code, and this adoptive language falls into one of three types: The first type specifies a particular edition of the AMA Guides for use. Such language has the advantage of being unambiguous, but it fails to take into account subsequent editions. The second type of adoptive language specifies use of the latest or most recent edition of the AMA Guides and ensures currency; states such as Kentucky, New Hampshire, and New Mexico are jurisdictions that employ this type of language. The third type of adoptive language does not indicate which edition of the AMA Guides to use, and in these jurisdictions the courts must decide which edition to use. A chart lists 26 states, the edition of the AMA Guides used in the state, and the source; the chart also includes states such as Arizona, Georgia, Massachusetts, Nevada, South Carolina, and Washington in which the adoptive language is unclear regarding which edition to use, and in these jurisdictions a court would decide which edition should be used.
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Beckerman, John S. "Procedural Innovation and Institutional Change in Medieval English Manorial Courts." Law and History Review 10, no. 2 (1992): 197–252. http://dx.doi.org/10.2307/743761.
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In England during the twelfth, thirteenth, and fourteenth centuries, the royal courts cast a longer and longer shadow over private and local jurisdictions. By a series of steps embracing much innovation, the custom of the king's court gradually became the common law of England, and the royal courts asserted their supremacy over other jurisdictions in many areas. Foremost among these were disputes over freehold land and cases involving felonies. It has been suggested that the royal innovations’ jurisdictional effects on private courts were “neither intended nor foreseen.” Nonetheless, they reduced private jurisdictions—with the exception of the palatinates—to constitutional insignificance during the thirteenth century. Occasional baronial objections, such as that enshrined in clause thirty-four of Magna Carta or the bluff waving of a rusty sword at a quo warranto inquest do not disguise this basic fact of English legal and constitutional history.