Academic literature on the topic 'Legal practitioners'
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Journal articles on the topic "Legal practitioners"
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Hart, Caroline Lydia. "Business structures and sustainable regional legal practice: the use of incorporated legal practices by regional, rural and remote legal practitioners." International Journal of Rural Law and Policy, no. 2 (December 31, 2012): 1–17. http://dx.doi.org/10.5130/ijrlp.i2.2012.2660.
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Since 2007 the Legal Profession Act 2007 (Qld) has offered legal practitioners a wider choice of business structure other than sole practitioner or partnership, to include incorporated legal practice ('ILP') or multidisciplinary partnership. In particular the use of ILPs offers legal practitioners a range of benefits in terms of operating a law firm consistent with business management practices. The status of ILP however comes at a cost of putting in place 'appropriate management systems'. This paper refers to the legislation and the literature on the range of business structures, before giving an insight into the actual choice of business structures used by Queensland regional, rural and remote legal practitioners. What is the awareness of the new business structures? And are there factors inhibiting RRR legal practitioners from their use? This paper draws on over 30 interviews with sole practitioners, partners and legal practitioner directors about their choice of business structure.
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Karina, Palkova. "Medical practitioner's legal regulations in the practice from urban-rural development perspective." SHS Web of Conferences 68 (2019): 01028. http://dx.doi.org/10.1051/shsconf/20196801028.
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The role of medical practitioners in community safety area is huge. Especially huge responsibility medical practitioners have in medical treatment process from the point of view of treatment quality and legal liability. Medical practitioners are professionals regardless of territoriality. The mission and functions they perform do not depend on practice place. The responsibility is equal in both urban and rural level. To protect community safety from the medical practitioners' perspectives they should know their own rights, as well as patient's rights in healthcare. From the particular legal regulations arise duties and responsibilities of medical practitioners, which are described in the paper. The aim of the research is to study legislation that regulates medical practitioner‘s rights and duties in Latvia. The task of the paper is to study the characteristics of rights of medical practitioners in Latvia and the medical practitioner's knowledge of patients' rights in Latvia. In the research, the author has used general scientific methods such as analysis, synthesis, modelling, comparative method, inductive and deductive method, methods of interpretation of legal norms – grammatical, teleological, historical, as well as empirical method – survey. The paper describes the most important legal regulations in medical practitioner's activity, as well as defines problems and provides potential solutions that are necessary to protect community's safety. The results of the paper show that the regulatory framework exists in the field of healthcare of Latvia. Also in the field of professional activity, legal regulations exist, which govern the professional activity of medical practitioners. They are included in various law sectors (civil rights, labour rights, criminal rights, etc.). Apart from that, there exist a large number of legislative regulations of national level, which govern the professional activities of medical practitioners (special laws and Cabinet Regulations). It should be noted, that the competences of medical practitioners are not consolidated, but stipulated in separate legislative provision for each group of medical practitioners (for a doctor, doctor's assistant, nurse, etc.). The medical practitioner's knowledge of patients' rights is not good enough, especially in rural areas of Latvia.
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Awarab, Marvin R. "A critical review of the powers and duties of the Namibian Law Society in respect of legal practitioners’ conduct." Journal of Corporate and Commercial Law & Practice, The 7, no. 2 (2021): 122–33. http://dx.doi.org/10.47348/jccl/v7/i2a6.
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Legal practitioners practising in any jurisdiction, including Namibia, are bound by the provisions of the enabling legislation. In the Namibian context, legal practitioners operate under the Legal Practitioners Act 15 of 1995 read together with the Rules of the Law Society of Namibia. The Law Society of Namibia has the mandate to ensure that the legal practitioner’s conduct is in line with the law and to investigate allegations of any legal practitioner’s breach of duty. All legal practitioners operating in private practice have a legal obligation to open and operate two bank accounts, namely a business bank account and a trust bank account. Any violation of the law in respect of the keeping of business and trust bank accounts may invite s 31 consequences. This article therefore provides a critical review of the powers and duty of the Law Society in intercepting legal practitioners’ trust accounts. Furthermore, the article provides an overview of the statutory-based conduct of legal practitioners in managing trust accounts and the functionality of the Namibian Law Society Fidelity Fund.
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Kritzer, Herbert M. "Editorial: Special issue – legal change on legal practitioners." International Journal of the Legal Profession 17, no. 1 (March 2010): 1–3. http://dx.doi.org/10.1080/09695951003608341.
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Dudley, Miriam. "A Legal Information Service for Practitioners." International Journal of Legal Information 29, no. 2 (2001): 420–28. http://dx.doi.org/10.1017/s0731126500009495.
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I am now going to transfer you rapidly from the global information service to a locally targeted and focused legal information service designed to meet the particular needs of a small jurisdiction like Northern Ireland.SLS Legal Publications was established in 1980 as a unique and profoundly innovative experiment in Northern Ireland (N.I.). Its continued existence 20 years later is testament to the fact that it has not only become a success story but is now an integral part of the legal system in Northern Ireland. SLS Legal Publications is a legal publishing and training company based within the Queen's University of Belfast (QUB) and sponsored by the NICS, the Law Society of N.I. and the Bar Council of N.I. QUB's sponsorship takes the form of the provision of accommodation and accounting services. The purpose of SLS is to provide a legal information service in various ways to the Northern Ireland legal profession and the wider community and I will expand on those various ways later in this talk.
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Marrah, Augustine Sorie-Sengbe. "A Critique of the Supreme Court of Sierra Leone’s Conviction of Augustine Marrah for Criminal Contempt." Strathmore Law Journal 5, no. 1 (June 8, 2021): 209–16. http://dx.doi.org/10.52907/slj.v5i1.148.
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The Legal Practitioners Act of 2000 authorises the Sierra Leone Bar Association to elect six legal practitioners for membership of the General Legal Council (Council), which is the regulatory body of the legal profession in Sierra Leone. In April 2019, Ibrahim Sorie was among the legal practitioners elected to the Council. Subsequently, I—another legal practitioner—objected to and petitioned in the High Court of Sierra Leone Sorie’s election to the Council on the basis of ineligibility.
The thrust of my objection was that Sorie, a two-term ex-president of the Sierra Leone Bar Association had not yet attained the necessary fifteen-year standing qualification at the date of his appointment to the Council, based on his year of enrolment into the Permanent Register or Roll of Court in 2011.
Sorie filed an action in the Supreme Court against the Council invoking the exclusive original jurisdiction of the Supreme Court to interpret certain portions of the Constitution of Sierra Leone vis-à-vis the eligibility provision for membership to the Council in the Legal Practitioners Act.2 The Supreme Court delivered a controversial 97-paged judgment on 27 October 2020.
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Hershey, Tina Batra, Elizabeth Van Nostrand, Rishi K. Sood, and Margaret Potter. "Legal Considerations for Health Care Practitioners After Superstorm Sandy." Disaster Medicine and Public Health Preparedness 10, no. 3 (March 29, 2016): 518–24. http://dx.doi.org/10.1017/dmp.2016.33.
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AbstractDuring disaster response and recovery, legal issues often arise related to the provision of health care services to affected residents. Superstorm Sandy led to the evacuation of many hospitals and other health care facilities and compromised the ability of health care practitioners to provide necessary primary care. This article highlights the challenges and legal concerns faced by health care practitioners in the aftermath of Sandy, which included limitations in scope of practice, difficulties with credentialing, lack of portability of practitioner licenses, and concerns regarding volunteer immunity and liability. Governmental and nongovernmental entities employed various strategies to address these concerns; however, legal barriers remained that posed challenges throughout the Superstorm Sandy response and recovery period. We suggest future approaches to address these legal considerations, including policies and legislation, additional waivers of law, and planning and coordination among multiple levels of governmental and nongovernmental organizations. (Disaster Med Public Health Preparedness. 2016;10:518–524)
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Hasegawa, Thomas K., Brian Lange, Charles F. Bower, and Ruth B. Purtilo. "Ethical or legal perceptions by dental practitioners." Journal of the American Dental Association 116, no. 3 (March 1988): 354–60. http://dx.doi.org/10.14219/jada.archive.1988.0223.
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Doyal, L., L. Doyal, and D. Sokol. "General practitioners face ethico-legal problems too!" Postgraduate Medical Journal 85, no. 1006 (July 23, 2009): 393–94. http://dx.doi.org/10.1136/pgmj.2008.076604.
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Samely, Ursula. "Foreign language needs for future legal practitioners." Language Learning Journal 11, no. 1 (March 1995): 57–60. http://dx.doi.org/10.1080/09571739585200191.
Full textDissertations / Theses on the topic "Legal practitioners"
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Streten, Elizabeth Jean. "Practitioners' perspectives: Experiences adhering to legal and ethical regulatory standards." Thesis, Queensland University of Technology, 2019.
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2
Jani, Pride. "Extending legal professional privilege to non-legal tax practitioners in South Africa: a comparative and constitutional perspective." Thesis, Rhodes University, 2011. http://hdl.handle.net/10962/d1001636.
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This study explains the differing rights of taxpayers, based on the nature of the profession of the tax adviser they consult. Those who utilize the services of tax attorneys can rely on the protection afforded by legal professional privilege whereas those who obtain their advice from non-legal advisers, such as accountants and other tax advisers, cannot claim the same protection. Legal professional privilege is a substantive right which should be extended to cover clients of non-legal tax advisers. The continued denial of the privilege to clients of nonlegal tax practitioners while it is availed to those who approach legal practitioners infringes the rights to privacy and equality contained in the South African Constitution. The object of this research is to show that the common law concept of legal professional privilege is amenable to extension so as to cover the clients of non-legal tax advisers. A qualitative approach was adopted which involved an in-depth analysis of the origins, rationale as well as the requirements for the operation of the doctrine. This also involved a constitutional as well as a comparative dimension. The constitutional dimension sought to show that the current distinction is untenable under the South African Constitution by virtue of the infringement of the rights to privacy and equality. The comparative dimension presented an analysis of the various jurisdictions that have extended the doctrine as well as those that are still to do so or have adamantly rejected the idea. The differential treatment of taxpayers based on the professional they engage contravenes the privacy and equality provisions and is thus unconstitutional. The study demonstrates that legal professional privilege is amenable to extension and there is need for legislative intervention as the courts are limited in the extent to which they may intervene in light of the separation of powers and judicial deference. Legal professional privilege should therefore be extended to protect the clients of non-legal tax advisers as opposed to partial protection which subsists at the moment.
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Chay, Allan James, and N/A. "Lawyer Problem Solving: An Investigation of the Knowledge Used in Solving Practical Legal Problems." Griffith University. School of Education and Professional Studies, 2007. http://www4.gu.edu.au:8080/adt-root/public/adt-QGU20070927.100346.
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This study investigates the knowledge that legal practitioners use to solve authentic practical legal problems in naturalistic settings. The study examines the declarative and procedural knowledge that practitioners use in that context and whether experienced practitioners use knowledge organised in encapsulated and script form (Boshuizen & Schmidt, 1992; Schmidt, Norman, & Boshuizen, 1990) to enable expert performance. The purpose of the study is to provide an empirically-based understanding of the knowledge used in solving real-life practical legal problems, for the information of the providers of practical legal training in Australia and other common law countries. The providers of that training use assumptions about that knowledge and how it is acquired, which do not always rest on coherent theoretical or empirically-derived foundations. The study uses the lawyering literature to identify the knowledge such literature considers is required to solve practical legal problems in lawyer and client interview settings. The study also examines the assumptions about the nature of that knowledge, and how it is acquired, which are apparent in the approaches of the providers of practical legal training. The limitations of those assumptions are identified from a cognitive perspective. The study examines cognitive conceptions of the knowledge used in problem solving in particular fields and how that knowledge becomes proceduralised and organised into structures called chunks and schemas. A particular examination is made of cognitive theories developed in the field of medical problem solving, which use the concepts of encapsulations and illness scripts to explain expert performance in diagnosing disease in clinical settings. This analysis is used to synthesise the prediction that experienced legal practitioners may develop and use structures similar to encapsulations and illness scripts in problem solving. This prediction is based on the similarities between the way medical practitioners and legal practitioners are educated and trained, and are taught to solve problems using a hypotheticodeductive method (or a domain variant in the case of law), and on the similarities between clinical settings and lawyer and client interview settings. The study also examines theories that explain human problem solving by reference to a metaphorical problem space, and synthesises the prediction that practical legal problem solving can be explained by a problem space theory that was developed to accommodate complex, ill-defined problems. That theory uses the concepts of a problem zone to reflect the ill-defined nature of the problem as presented to the problem solver, a search and construction zone to reflect the phenomenon that the problem solver will have to construct operators to use to solve the problem, and a satisficing zone to reflect the phenomenon that there will be no single unambiguous solution to the problem (Middleton, 1998). The study uses the lawyering literature to identify the characteristics of practical legal problems in a lawyer and client interview setting. The cognitive literature is used to identify the cognitive conceptions that correspond to those characteristics. It is argued that these problems are complex, ill-defined problems that have to be found by the problem solver using weak problem solving strategies such as problem decomposition, attribute identification and means-ends analysis (Simon, 1973; Dillon, 1982; Newell, 1980). Based on these predictions two research questions are developed as follows: How do legal practitioners find and construct practical legal problems? Are there differences in the knowledge that experienced legal practitioners use and that which novice practitioners use? Do those differences reflect differences in the individual practitioners underlying knowledge and how that knowledge is organised? These questions are investigated in four case studies. Two of these studies involve experienced legal practitioners and two involve novices. These studies reveal that all the subjects used similar general problem solving strategies to find and construct problems. The subjects all constructed a series of problems rather than one large problem. The subjects did not all find and construct the same problems and some subjects constructions of problems changed as new information came to light. Most subjects did not finish the construction of problems at the interview. The processes that the subjects use to construct problems can be explained by Middletons (1998) problem space model, although this study suggests that model needs to be modified to accommodate the on-going emergent character of practical legal problems as they occur in lawyer and client interview settings. The investigation revealed qualitative differences between the problem attributes and moves that the experienced subjects identified and those that the novices identified. In summary, the experienced subjects identified attributes and moves that were more detailed, more directly related to the facts and more concrete than those that the novices identified. Both the experienced subjects and the novices appeared to rely on recognition (Newell & Simon, 1972) to identify problem attributes and moves rather than on any apparent step-by-step legal analysis and reasoning process. This study suggests that the superior performance of the experienced subjects may be explained by their use of knowledge in encapsulated and script form, as predicted. The study discusses the implications of its findings for practical legal training courses as a need to provide students with general problem solving knowledge, provide them with the knowledge that they will need to recognise problems in specific areas of practice, to help them start to develop knowledge in encapsulated and script form, and to develop an understanding of the limits of institutional training in developing professional expertise.
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Chay, Allan James. "Lawyer Problem Solving: An Investigation of the Knowledge Used in Solving Practical Legal Problems." Thesis, Griffith University, 2007. http://hdl.handle.net/10072/366172.
Full textAbstract:
This study investigates the knowledge that legal practitioners use to solve authentic practical legal problems in naturalistic settings. The study examines the declarative and procedural knowledge that practitioners use in that context and whether experienced practitioners use knowledge organised in encapsulated and script form (Boshuizen & Schmidt, 1992; Schmidt, Norman, & Boshuizen, 1990) to enable ‘expert’ performance. The purpose of the study is to provide an empirically-based understanding of the knowledge used in solving real-life practical legal problems, for the information of the providers of practical legal training in Australia and other common law countries. The providers of that training use assumptions about that knowledge and how it is acquired, which do not always rest on coherent theoretical or empirically-derived foundations. The study uses the lawyering literature to identify the knowledge such literature considers is required to solve practical legal problems in lawyer and client interview settings. The study also examines the assumptions about the nature of that knowledge, and how it is acquired, which are apparent in the approaches of the providers of practical legal training. The limitations of those assumptions are identified from a cognitive perspective. The study examines cognitive conceptions of the knowledge used in problem solving in particular fields and how that knowledge becomes proceduralised and organised into structures called chunks and schemas. A particular examination is made of cognitive theories developed in the field of medical problem solving, which use the concepts of ‘encapsulations’ and ‘illness scripts’ to explain ‘expert’ performance in diagnosing disease in clinical settings. This analysis is used to synthesise the prediction that experienced legal practitioners may develop and use structures similar to encapsulations and illness scripts in problem solving. This prediction is based on the similarities between the way medical practitioners and legal practitioners are educated and trained, and are taught to solve problems using a hypotheticodeductive method (or a domain variant in the case of law), and on the similarities between clinical settings and lawyer and client interview settings. The study also examines theories that explain human problem solving by reference to a metaphorical ‘problem space’, and synthesises the prediction that practical legal problem solving can be explained by a problem space theory that was developed to accommodate complex, ill-defined problems. That theory uses the concepts of a problem zone to reflect the ill-defined nature of the problem as presented to the problem solver, a search and construction zone to reflect the phenomenon that the problem solver will have to construct operators to use to solve the problem, and a satisficing zone to reflect the phenomenon that there will be no single unambiguous solution to the problem (Middleton, 1998). The study uses the lawyering literature to identify the characteristics of practical legal problems in a lawyer and client interview setting. The cognitive literature is used to identify the cognitive conceptions that correspond to those characteristics. It is argued that these problems are complex, ill-defined problems that have to be found by the problem solver using weak problem solving strategies such as problem decomposition, attribute identification and means-ends analysis (Simon, 1973; Dillon, 1982; Newell, 1980). Based on these predictions two research questions are developed as follows: How do legal practitioners find and construct practical legal problems? Are there differences in the knowledge that experienced legal practitioners use and that which novice practitioners use? Do those differences reflect differences in the individual practitioner’s underlying knowledge and how that knowledge is organised? These questions are investigated in four case studies. Two of these studies involve experienced legal practitioners and two involve novices. These studies reveal that all the subjects used similar general problem solving strategies to find and construct problems. The subjects all constructed a series of problems rather than one large problem. The subjects did not all find and construct the same problems and some subjects’ constructions of problems changed as new information came to light. Most subjects did not finish the construction of problems at the interview. The processes that the subjects use to construct problems can be explained by Middleton’s (1998) problem space model, although this study suggests that model needs to be modified to accommodate the on-going emergent character of practical legal problems as they occur in lawyer and client interview settings. The investigation revealed qualitative differences between the problem attributes and moves that the experienced subjects identified and those that the novices identified. In summary, the experienced subjects identified attributes and moves that were more detailed, more directly related to the ‘facts’ and more concrete than those that the novices identified. Both the experienced subjects and the novices appeared to rely on recognition (Newell & Simon, 1972) to identify problem attributes and moves rather than on any apparent step-by-step legal analysis and reasoning process. This study suggests that the superior performance of the experienced subjects may be explained by their use of knowledge in encapsulated and script form, as predicted. The study discusses the implications of its findings for practical legal training courses as a need to provide students with general problem solving knowledge, provide them with the knowledge that they will need to recognise problems in specific areas of practice, to help them start to develop knowledge in encapsulated and script form, and to develop an understanding of the limits of institutional training in developing professional expertise.Thesis (Professional Doctorate)
Doctor of Education (EdD)
School of Education and Professional Studies
Faculty of Education
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Daskalopulu, Aspassia-Kaliopi. "Logic-based tools for the analysis and representation of legal contracts." Thesis, Imperial College London, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.312171.
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Mortimore, Helen. "A reconstructive study of HR practitioners' enactment of equality : the discourses of 'legal guardianship'." Thesis, University of Plymouth, 2016. http://hdl.handle.net/10026.1/4577.
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The thesis examines the enactment of workplace equality through an analysis of HR generalist talk. The primary data is contextualised by a review of the literature on HR, equality and diversity, and the regulatory terrain. The study is based on interviews with HR practitioners from 40 UK organisations of different sizes/sectors in 2014. The methodology underpinning the analysis is informed by a form of critical discourse analysis which considers lived experiences in their broader contexts (Edley, 2001). The findings indicate that operational HR practice in respect of equality and diversity is constituted mainly of compliance to the equality legislation. HR practitioners enact a ‘legal guardian’ (Wright & Snell, 2005) role, seeking first and foremost to protect their organisations from the threat of litigation. Legal guardianship is delegitimised by the dominant discourses of strategic HRM and diversity management. Nonetheless, the legal guardian role is orientated to mainstream HRM expectations of ‘contribution’ whilst also incorporating a more covert employee advocacy role, which is accomplished through various proxies. The level of complexity and breadth of HR practices associated with the achievement of equality compliance challenges perspectives of equality law as providing a low threshold of rights in the employment relationship. The findings and discussion further challenge the neat demarcation of HR from personnel management in the literature, presenting a perspective of HR practice that is both nuanced and relatively consistent across sectors. The thesis considers the means by which a regulatory role for HR is unintentionally ensured by the dominant HRM discourse. Talk of the HR/line manager relationship in the enactment of equality highlights that roles are relatively stable and that the HR function retains considerable control of processes and outcomes whilst demonstrating a commitment in talk to the principle of devolution. The thesis thereby problematizes the ongoing predication of ‘successful’ HRM on the devolution of operational people management to line managers, and the perspective that continuing devolution is the trajectory of practice. HR practitioner talk indicates the processes by which the equality legislation is given meaning and highlights the significance of the (thus far under-acknowledged) employment lawyer/HR practitioner relationship to understandings of HR and the enactment of equality.
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Rapana, Jessica. "Cost, risk, legal practitioners and ‘personal crusades’ – Empirical research on why commercial litigants settle their disputes." Thesis, Rapana, Jessica (2021) Cost, risk, legal practitioners and ‘personal crusades’ – Empirical research on why commercial litigants settle their disputes. Honours thesis, Murdoch University, 2021. https://researchrepository.murdoch.edu.au/id/eprint/62944/.
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This thesis will explore the primary factors which drive litigants to settle their commercial legal disputes, within the bounds of Western Australia. This thesis will broadly examine the existing literature on settlement and litigation, then compare and contrast this against empirical research carried out by the author to determine why litigants settle, and what factors they take into consideration when settling. This is important because in WA, the vast majority of civil disputes are resolved using alternative methods of dispute resolution. Very often, this will result in a private settlement agreement between the parties ending the dispute.
A key reason for settlement is that commercial litigation is a complex and complicated process for most litigants. It requires significant time, energy and resources to undertake. Because litigants are frequently presented with different choices, possibilities and risk throughout their dispute, it can be difficult for them to know what decisions to make in order to maximise their outcome. In addition to this, they will have varying priorities, aims and expectations which will shape their decision-making processes. This research, then, asks lawyers about what factors have an impact on their clients’ decisions. Ultimately, the overarching categories of factors which litigants consider when settling include: cost, risk, various roles of legal practitioners and emotional drivers.
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Silva, Paula Garcez Corrêa da. "Os catadores de Porto Alegre e a política nacional de resíduos sólidos." reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2016. http://hdl.handle.net/10183/150674.
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A Dissertação aborda a realidade dos catadores e de suas famílias, no século XXI, em particular, na cidade de Porto Alegre, Rio Grande do Sul. Para tanto, procedeuse a inúmeras observações sobre os locais e as condições de trabalho relacionadas à coleta solidária e à reciclagem popular e suas modificações. Realizou-se uma reconstrução histórica, desde o surgimento dos antigos “papeleiros” até os catadores de materiais recicláveis dos dias atuais, os quais foram entrevistados. Para compreender as circunstâncias econômicas e jurídicas que interferem nessas atividades e que resultaram de longa caminhada política por reconhecimento, foi feito um levantamento dos instrumentos jurídicos que regulamentam o desenvolvimento dessa atividade, bem como o papel exercido pelos Operadores do Direito nas relações dos trabalhadores com as autoridades públicas – municipais, estaduais e federais -, com os geradores de Resíduos Sólidos Urbanos (RSU) e os empreendimentos de catadores, tais como associações e cooperativas.The Master’s dissertation addresses the reality of recyclable material collectors and their families in the twenty-first century, particularly in the city of Porto Alegre, Rio Grande do Sul state. Therefore, a number of observations were carried out regarding locations and working conditions related to solidary material collecting and popular recycling, and their modifications; collectors were interviewed; a historical reconstruction was conducted from the emergence of the old “paper collectors” (papeleiros) to today’s recyclable materials collectors. In order to understand the economic and legal circumstances that interfere in these activities and which were the result of a long political journey for recognition, we conducted a study on the legal instruments that rule the development of this activity as well as the role played by legal practitioners in the relationship between workers and public authorities – local, state and federal –, generators of municipal solid waste (MSW) and collectors enterprises, such as associations and cooperatives.
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Osia, Salome. "The service users' role in corrupting public officials : a study of legal practitioners' accounts of interactions within the Lagos Lands Bureau." Thesis, University of York, 2016. http://etheses.whiterose.ac.uk/16305/.
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This research examines how legal practitioners discursively construct corruption from their experience as users of the services of a public institution. In the legal field, corruption is a word rarely used in connection with practitioners, it is substituted with a less felonious alternative, ‘misconduct’. As a result, this research focuses on how legal practitioners talk about their interaction with the public institution, especially their construction of corrupt transactions. Contrary to the popular assumptions that participants in corrupt transactions are unwilling to talk about their involvement, the findings revealed that participants are willing to talk about their involvement in corrupt practice, but mainly through the use of euphemisms. The empirical contribution of this study suggests on one hand that the extensive use of euphemisms in the construction of the self, processes of corrupt interaction and actions, illustrates the significance of language use in the study of corruption. On the other hand, it emphasises the extent of ‘ethical fading’ and moral disengagement amongst professional service users which is due in part to their popular typecasting as victims, and the inherently contradictory principles of practice within the legal field.
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McKoy, Grace Angela. "An investigation into service quality in the Supreme Court civil registry in Jamaica." Thesis, Edinburgh Napier University, 2018. http://researchrepository.napier.ac.uk/Output/1253090.
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Notwithstanding the strategic importance of service quality to public sector reforms, the Government of Jamaica has given it no consideration in its justice reform project. Neither had anyone previously applied the service quality methodology to service delivery in the Jamaican Supreme Court. This thesis is a study of service quality in the Supreme Court civil registry in Jamaica and of theservices provided to legal practitioners using the registry by clerks, administrators and registrars engaged in that registry. The aim was to identify, investigate andunderstand the perceptions of service quality in the registry. The study was conducted in three stages: A pilot study, a main study andfocus groups' assessments of the findings. The main study used the SERVQUAL instrument, adapted to suit the circumstances of a court's civil registry. The sample frame for the main study was legal practitioners working in the Kingston Metropolitan Area who were users of the civil registry. Survey methodology was used to collect data. Three focus groups of practitioners later evaluated theparticipants' understanding of the items on the questionnaires. The groups supported the findings of the main study and confirmed that the service quality dimensions used in the study represented an accurate interpretation of the servicequality experience of users of the registry. The study also supports the dominant opinion in the literature thatSERVQUAL and SERVPERF are both good measures of overall service quality. The findings were that practitioners in Jamaica experienced poor overall service quality in several service quality dimensions, including the areas that they considered to be most important, and that this dissatisfaction did not vary by gender or how far their place of employment was from the Supreme Court. This work confirms that the Government of Jamaica's programme of civil justice reform is notmeeting the needs of important stakeholders, such as legal practitioners, and that the emphasis of the reforms may be misplaced.
Books on the topic "Legal practitioners"
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Leone, Sierra. The Legal Practitioners Act, 2000. Freetown?]: Government Printing Department, 2000.
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Pakistan. Legal practitioners and bar councils laws. [Fort Abbas]: Lawvision, 2008.
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Pearce, Carol, and Rex T. Shana. Criminal procedure for legal practitioners manual. Harare: Law Society of Zimbabwe, 2014.
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Jacob, Joseph M. Civil evidence for practitioners. 3rd ed. Welwyn garden City: EMIS Professional Publishing, 2003.
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Orojo, J. Ola. Professional conduct of legal practitioners in Nigeria. Lagos, Nigeria: Mafix Books Limited, 2008.
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American Association of Nurse Attorneys. Health Law, Legislation, and Compliance Section. Business and legal guidebook for nurse practitioners. Columbus, OH: American Association of Nurse Attorneys, 2005.
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(Barrister), Pugh Simon, and Legal Action Group, eds. Making legal aid work: A handbook for practitioners. London: Legal Action Group, 2009.
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Gordon-Davis, Lisa. Legal requirements for South African students and practitioners. Lansdowne, South Africa: Juta Academic, 2004.
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Zuckerman, Deborah. Life services planning, training volunteers and practitioners. Washington, D.C: American Bar Association, Commission on the Mentally Disabled [and] Commission on Legal Problems of the Elderly, 1994.
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Pearce, Carol, and Hapias Zhou. Common law for legal practitioners manual: A revision guide. Harare: Law Society of Zimbabwe, 2015.
Find full textBook chapters on the topic "Legal practitioners"
1
Dimond, Bridgit. "Private practitioners." In Legal aspects of care in the community, 296–307. London: Macmillan Education UK, 1997. http://dx.doi.org/10.1007/978-1-349-25161-2_20.
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Jaeger, Axel-Volkmar, and Götz-Sebastian Hök. "Legal Systems." In FIDIC - A Guide for Practitioners, 1–53. Berlin, Heidelberg: Springer Berlin Heidelberg, 2009. http://dx.doi.org/10.1007/978-3-642-02100-8_1.
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LaRiccia, Brenton, Cheryl Lustik, and Nicole Keenan. "Liability for Advanced Care Practitioners." In The Medical-Legal Aspects of Acute Care Medicine, 659–74. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-68570-6_33.
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Gilbert, Mike. "The legal framework of a medical practice." In Managing Money for General Practitioners, 1–3. 2nd ed. London: CRC Press, 2022. http://dx.doi.org/10.1201/9781908911759-1.
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Hayes, Carol. "Legal and professional responsibilities." In The Early Years Handbook for Students and Practitioners, 491–507. 2nd ed. London: Routledge, 2023. http://dx.doi.org/10.4324/9781003154853-34.
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Hale, Sandra Beatriz. "The Practitioners’ Voices: Views, Perceptions and Expectations from Legal, Medical and Interpreting Practitioners." In Community Interpreting, 137–62. London: Palgrave Macmillan UK, 2007. http://dx.doi.org/10.1057/9780230593442_5.
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Bernitz, Herman. "Legal Aspects Related to Healthcare Insurance, Dental Practitioners, and Forensic Odontologists in South Africa." In Forensic and Legal Dentistry, 75–78. Cham: Springer International Publishing, 2013. http://dx.doi.org/10.1007/978-3-319-01330-5_11.
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Brown, Jennifer, and Janette Porteous. "Psychological and Legal Implications of Occupational Stress for Criminal Justice Practitioners." In Handbook of Psychology in Legal Contexts, 559–77. Chichester, UK: John Wiley & Sons, Ltd, 2005. http://dx.doi.org/10.1002/0470013397.ch24.
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Ramiro Avilés, Miguel A., and Omar Madhloom. "Developing reflective practitioners through human rights education in relation to HIV-positive clients." In Thinking About Clinical Legal Education, 208–15. London: Routledge, 2021. http://dx.doi.org/10.4324/9780429299247-12.
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Gershoff, Elizabeth T., and Joan E. Durrant. "Legal prohibitions of physical punishment." In Ending the physical punishment of children: A guide for clinicians and practitioners., 155–63. Washington: American Psychological Association, 2020. http://dx.doi.org/10.1037/0000162-016.
Full textConference papers on the topic "Legal practitioners"
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Bhattacharya, Paheli. "Legal Data Analytics: Developing Assistive Tools for Legal Practitioners." In SIGIR '20: The 43rd International ACM SIGIR conference on research and development in Information Retrieval. New York, NY, USA: ACM, 2020. http://dx.doi.org/10.1145/3397271.3401448.
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Henrico, Radley. "EDUCATING OUR FUTURE LEGAL PRACTITIONERS: THE IMPERATIVE OF TRANSFORMATIVE EDUCATION." In Annual International Conference on Law, Regulations and Public Policy (LRPP 2016). Global Science & Technology Forum ( GSTF ), 2016. http://dx.doi.org/10.5176/2251-3809_lrpp16.49.
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Teplyakova, Anastasiya. "Screening of criminal, civil, administrative and legal definitions having psychological content." In Safety psychology and psychological safety: problems of interaction between theorists and practitioners. «Publishing company «World of science», LLC, 2020. http://dx.doi.org/10.15862/53mnnpk20-30.
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This article provides a primary analysis of groups of concepts (terms) in criminal law, civil law, and administrative law that have a psychological content. There were assigned concepts that have both legal and psychological status. Currently, in jurisprudence, it’s necessary to achieve exact correlation of concepts (terms) of various branches of law with their psychological content. This analysis will expand the possibilities of applying special psychological knowledge in the field of law and improve the psychological competence of lawyers.
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Petkevičiūtė-Barysienė, Dovilė. "HUMAN-AUTOMATION INTERACTION IN LAW: MAPPING LEGAL DECISIONS, COGNITIVE PROCESSES, AND AUTOMATION LEVELS." In International Psychological Applications Conference and Trends. inScience Press, 2021. http://dx.doi.org/10.36315/2021inpact070.
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"Legal technologies not only create new ways for accessing and providing legal services, but also transform the roles of legal practitioners. Major area of the application of legal technologies are courts. Some courts, e.g., in Austria, are already using legal technologies, Germany, Brazil, France, Netherlands, Russia and others are developing legal technologies. Both lawyers and users of legal services expect automated solutions to outperform people with efficiency, objectivity and impartiality. Although perception of various characteristics of legal technologies is crucial to their implementation and use, research on the perceived characteristics of the automated processes in legal contexts have just begun. One of the major obstacles to this research is lack of comprehensive understanding what legal actions could be or already are meaningfully automated, and to what extent. The aim of this study is to map decision making stages, and automation levels, and information processing features of legal activities related to (pre)trial processes. Major legal decisions and judgments related to trial processes are identified during the consultations with legal practitioners (e.g., prosecutor, judge). Next, legal activities were described and arranged according to four-stage decision making process: information acquisition, information analysis, decision selection and decision implementation. A taxonomy of levels of automation (LOA) was customized to fit legal decision making and applied to describe each major legal activity. Lastly, dual-process model of information processing was used to delineate possible roles of intuitive and rational information processing taking place during (pre)trial decision making as they could be related to human-automation interaction. Automation level analysis provides systematic approach to interaction between humans and algorithms, along with some groundwork for the research of legal technology perceived fairness and acceptance. 10 legal activities which apply both to judge’s and prosecutor’s (potentially any other lawyer’s) legal work were discerned. The application of adapted LOA (5 levels) provided some insights into legal decision making as it allows to place existing technology, test the trust in technology threshold, and have more tangible view of automation in legal activities. Moreover, a modified hybrid default-interventionist model is proposed. It brings even more depth into analysis by specifying the role of “legal” and “heuristic” intuitions as well as the part rationalization plays in potential bias sources and formation."
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Apse, Diāna. "Īpašā doktrīna un jaunā tiesiskā realitāte." In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.1.08.
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Although legal science (including special doctrine) is a source of subsidiary law, it has a growing role in understanding, applying, creating and further developing the law in order to achieve justice – an independent and divided will for everyone’s rights. Judges use their freedom to express special doctrine very responsibly, even modestly. Authoritative criticism of the special doctrine in legal science can, in some cases, promote, as well as “slow down” the self-sufficiency of the court composition, the efficiency and influence of applying this legal institute. The special doctrine clarifies the rule of law, but, for the time being, outside the question of the pandemic. Legal practitioners can achieve justice through applying particular types of sources of law as specifically as possible, in conjunction with the dimensional aspect of the doctrine of national sources of law.
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Hassad, Rossi. "Perspectives on Curricular Priorities for Big Data Analytics: A Qualitative Study of Educators and Practitioners." In Bridging the Gap: Empowering and Educating Today’s Learners in Statistics. International Association for Statistical Education, 2022. http://dx.doi.org/10.52041/iase.icots11.t4a2.
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Big Data is a universal concept that has become a metaphor for innovation and discovery; however, deriving this benefit requires going beyond traditional tools and expertise. The aim of this qualitative study (N=38) was to explore perspectives on curricular priorities for Big Data analytics from educators and practitioners. Nine themes were derived: computational and programming literacy, integrated and multidisciplinary curriculum, data quality and methodological standards, collaboration and domain-specific expertise, statistical literacy, basic statistics (probability and inference), ethico-legal considerations, critical analysis and effective communication skills, and meaning and definition of Big Data. Additionally, reflective learning was identified as an overarching theme, which can serve as a unifying pedagogical approach. These results provide a framework that appears to have content validity for informing curricular reform and development.
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Barnett, Ralph L., and Peter J. Poczynok. "Critique: Drain Cover Standard ASME/ANSI - A112.19.8M-1987 (1996) Case Study — Steering Wheel." In ASME 2002 International Mechanical Engineering Congress and Exposition. ASMEDC, 2002. http://dx.doi.org/10.1115/imece2002-32457.
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The current ASME/ANSI standard for pool/spa drain covers is relied upon as an effective guideline for drain system safety by pool industry practitioners, state building code commissions, the Consumer Product Safety Commission, the National Spa and Pool Institute, and a myriad of pool safety sophisticates. In fact, it is a license to kill. To demonstrate its shortcomings in the dawn of its next revision, an ordinary steering wheel is shown to satisfy the current standard while exposing bathers to every known fatal drain cover scenario. The paper raises a new issue: ASME, ANSI and pool professionals may all be in legal jeopardy.
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Скворцова, Татьяна Александровна, and Виктория Юрьевна Деняк. "ON THE ISSUE OF RECOGNITION AND ENFORCEMENT OF COURT DECISIONS OF A FOREIGN STATE IN THE RUSSIAN FEDERATION." In Высокие технологии и инновации в науке: сборник избранных статей Международной научной конференции (Санкт-Петербург, Январь 2021). Crossref, 2021. http://dx.doi.org/10.37539/vt189.2021.88.26.004.
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В статье рассматриваются правовые проблемы признания и принудительного исполнения решений иностранных судов в Российской Федерации. Проанализированы подходы ученых и практики по вопросам признания и исполнения иностранных судебных решений. Сделан вывод о необходимости присоединения нашей страны к Конвенции о признании и приведении в исполнение иностранных судебных решений по гражданским или торговым делам 2019 года. The article deals with the legal problems of recognition and enforcement of decisions of foreign courts in the Russian Federation. The approaches of scientists and practitioners on the recognition and enforcement of foreign judgments are analyzed. It is concluded that it is necessary for our country to join the Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Cases of 2019.
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Wojcik, Laura A. "Practices in Engineering Analysis, Education, and Ethics as Applied to Consulting in Biomechanical Forensics." In ASME 2008 Summer Bioengineering Conference. American Society of Mechanical Engineers, 2008. http://dx.doi.org/10.1115/sbc2008-192639.
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The demand for experts in the field of biomechanics continues to grow due to claim investigations by insurance companies and legal matters involving issues such as product liability, negligence, and workers’ compensation. Practitioners who consult in biomechanical forensics must balance client needs with sound engineering analysis techniques, ethical experimental design, and reasonable interpretations of published data. Once an analysis has been completed and opinions have been presented to the client, the task of presenting the results of the technical analysis to attorneys, judges, and jury members who are often unsophisticated in their understanding of scientific concepts in ways that are understandable, accurate, and not misleading can be a challenge even for experienced testifiers. Always being mindful of scientific and engineering ethics and being aware of aspects of educational theory can help to give new consultants confidence in their positions and make them more effective in their deposition and trial testimony.
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Nicolai Jensen, Benjamin, Eljane Uys, and Laetitia Cook. "The Use of Drone Technologies Within the Built Environment of South Africa." In 13th International Conference on Applied Human Factors and Ergonomics (AHFE 2022). AHFE International, 2022. http://dx.doi.org/10.54941/ahfe1002323.
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As the 4th Industrial Revolution technologies continue to recast the practices of multiple industries, there is an opportunity for the South African Built Environment to hop on the bandwagon of this technical evolution. Within the country’s-built environment, the focus of the paper was upon reporting on the feasible symbiotic relationship of the construction industry and drone technology.Based on previous literature with regards to drones in the construction industry of South Africa, it was found that many practitioners were eager to investigate the possible use of drones however the main concern was the cost. Therefore, the question of what legal drone and data processing program could feasibly be incorporated by practising professionals into the different construction stages of development was investigated.To produce evidence, results and derive conclusions on the question; an exploratory study of academic journals and articles along with manufacturer specifications was conducted. First off, the paper motivates that through the versatility of drones and the processing programs abilities many current construction practices can become more efficient. It was found though, through interviews with practising professionals, that the only damper on optimising the versatility of drones in South Africa was the legislation.To guide the results of exploration practising professionals were interviewed to provide a baseline on the current use of drones in South Africa. The interviews revealed that before starting to look at a drone, a processing program or the cost thereof the legislation governing drone usage in South Africa must be understood and complied with. Throughout the paper, the legal requirements have been stated to inform the construction industry of these requirements. To follow this, professional drones and data processing programs available and their cost were tabulated to answer the question. However, it was concluded that a drone cannot be limited to a single stage in a construction project because of its multifaceted functionality. Furthermore, it is dependent on the size of the project and the skill of the pilot to whether a drone is a feasible option for each construction project.Future research may need to be done to further refine the study. Practical research tests to see how drones perform on South African construction sites may provide critical results to elaborate on, and provide additional data. Another aspect to be further researched is the legal cost of a drone in terms of time and money to critically answer whether outsourcing or in house drone services are the future of construction company’s practices.
Reports on the topic "Legal practitioners"
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Oosterhof, Pauline. Practical Guides for Participatory Methods: Time Sequencing. Institute of Development Studies, January 2023. http://dx.doi.org/10.19088/ids.2023.003.
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Discrete visual documentation of different activities in one location may be useful for practitioners and researchers who want to: Document changes of legal and illegal activities, or presence of actors in one location over a specific period; Identify and discuss the reasons behind this, and strategies for change.; Develop interventions or plan research in that location.
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Metzger, Pamela R., Kristin Meeks, and Jessica Pishko. Greening the Desert. SMU Dedman School of Law, September 2020. http://dx.doi.org/10.25172/dc.1.
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Greening the Desert brings a criminal justice lens to the phenomenon of legal deserts in small, tribal, and rural (STAR) communities—vast areas with few, if any, practicing attorneys. The report explores STAR criminal justice communities and describes strategies and initiatives to green these criminal law deserts. Using case studies, the report offers concrete examples of successful innovations. It also includes cautionary notes about risks that may arise with the implementation of strategies to recruit, train, and retain STAR practitioners.
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Jones, Nicole S. 2018 Impression, Pattern and Trace Evidence Symposium. RTI Press, May 2018. http://dx.doi.org/10.3768/rtipress.2018.cp.0006.1805.
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From January 22 to 25, 2018, RTI International, the National Institute of Justice (NIJ) and the Forensic Technology Center of Excellence (FTCoE) held the 2018 Impression, Pattern and Trace Evidence Symposium (IPTES) in Arlington, VA, to promote collaboration, enhance knowledge transfer, and share best practices and policies for the impression, pattern, and trace evidence forensic science communities. NIJ and FTCoE are committed to improving the practice of forensic science and strengthening its impact through support of research and development, rigorous technology evaluation and adoption, effective knowledge transfer and education, and comprehensive dissemination of best practices and guidelines to agencies dedicated to combating crime. The future of forensic sciences and its contribution to the public and criminal justice community is a motivating topic to gather expertise in a forum to discuss, learn, and share ideas. It’s about becoming part of an essential and historic movement as the forensic sciences continue to advance. The IPTES was specifically designed to bring together practitioners and researchers to enhance information-sharing and promote collaboration among the impression, pattern, and trace evidence analysts, law enforcement, and legal communities. The IPTES was designed to bring together practitioners and researchers to enhance information sharing and promote collaboration among impression, pattern, and trace evidence analysts, law enforcement, and legal communities. This set of proceedings comprises abstracts from workshops, general sessions, breakout sessions, and poster presentations.
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Wierup, Martin, Helene Wahlström, and Björn Bengtsson. How disease control and animal health services can impact antimicrobial resistance. A retrospective country case study of Sweden. O.I.E (World Organisation for Animal Health), April 2021. http://dx.doi.org/10.20506/bull.2021.nf.3167.
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Data and experiences in Sweden show that it is possible to combine high productivity in animal production with the restricted use of antibiotics. The major key factors that explain Sweden’s success in preventing AMR are: Swedish veterinary practitioners were aware of the risk of AMR as early as the 1950s, and the need for prudent use of antibiotics was already being discussed in the 1960s. Early establishment of health services and health controls to prevent, control and, when possible, eradicate endemic diseases reduced the need for antibiotics. Access to data on antibiotic sales and AMR made it possible to focus on areas of concern. State veterinary leadership provided legal structures and strategies for cooperation between stakeholders and facilitated the establishment of coordinated animal health services that are industry-led, but supported by the State.
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Bennett, Alexander, Contessa Gay, Ashley Graves, Thomas Long, Erin Milliken, Margaret Reed, Laura Smith, and Lauren Thomas. Groundwater Laws and Regulations: A Preliminary Survey of Thirteen U.S. States (Second Edition). Edited by Gabriel Eckstein. Texas A&M University School of Law Program in Natural Resources Systems, April 2020. http://dx.doi.org/10.37419/eenrs.usstategroundwaterlaws.2020.
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This report presents results of a study investigating the groundwater laws and regulations of thirteen U.S. states. The report is actually the second edition of the study following amendments made to the first edition in response to extensive feedback and reviews solicited from practitioners, academics, and other professionals working in the field of water law from across the country. The purpose of the project is to compile and present the groundwater laws and regulations of every state in the United States that could then be used in a series of comparisons of groundwater governance principles, strategies, issues, and challenges. Professor Gabriel Eckstein at Texas A&M University School of Law and Professor Amy Hardberger at Saint Mary’s University Law School developed a matrix to ascertain chief components and characteristics of the groundwater legal regime of each state. Student researchers then used the matrix to respond to a standardized set of questions about the groundwater laws and regulations of a selection of states. In the near future, additional volumes with surveys of other U.S. states will be issued.
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Goswami, Amlanjyoti, Deepika Jha, Kaye Lushington, Mukesh Yadav, Sahil Sasidharan, Sudeshna Mitra, and Tsomo Wangchuk. Land Records Modernisation in India – I. Indian Institute for Human Settlements, 2021. http://dx.doi.org/10.24943/9788195489398.
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During 2014–2015, a team of researchers conducted a series of primary and secondary studies on land record modernisation initiatives across Haryana, Himachal Pradesh, Bihar and Gujarat, which were published as part of a five-volume set on Land Records Modernisation in India. The second edition of these volumes incorporates new initiatives, technological updates and legislative amendments in each of these states, as well as the changes in the national level policy and programmes. Based on extensive on-ground research, this set of volumes presents a review of the land records management processes and the status of current efforts to modernise land records, against a larger historical background of land and revenue relations in each state. The volumes on the respective states are accompanied by an institutional, legal and policy review at the national level, which provides a summary of various crucial aspects of land records modernisation in India. It also appraises the impact of the Digital India Land Records Modernization Programme, its gains and limitations, as well as possible steps forward. Combining detailed state-level analysis with a national review, this is a much needed intervention in the study of land records administration and modernisation in India. This set of volumes would be a vital resource for researchers and practitioners alike, as well as for policymakers at both the state and central level.
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Lewis, Dustin, ed. Database of States’ Statements (August 2011–October 2016) concerning Use of Force in relation to Syria. Harvard Law School Program on International Law and Armed Conflict, May 2017. http://dx.doi.org/10.54813/ekmb4241.
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Many see armed conflict in Syria as a flashpoint for international law. The situation raises numerous unsettling questions, not least concerning normative foundations of the contemporary collective-security and human-security systems, including the following: Amid recurring reports of attacks directed against civilian populations and hospitals with seeming impunity, what loss of legitimacy might law suffer? May—and should—states forcibly intervene to prevent (more) chemical-weapons attacks? If the government of Syria is considered unwilling or unable to obviate terrorist threats from spilling over its borders into other countries, may another state forcibly intervene to protect itself (and others), even without Syria’s consent and without an express authorization of the U.N. Security Council? What began in Daraa in 2011 as protests escalated into armed conflict. Today, armed conflict in Syria implicates a multitude of people, organizations, states, and entities. Some are obvious, such as the civilian population, the government, and organized armed groups (including designated terrorist organizations, for example the Islamic State of Iraq and Syria, or ISIS). Other implicated actors might be less obvious. They include dozens of third states that have intervened or otherwise acted in relation to armed conflict in Syria; numerous intergovernmental bodies; diverse domestic, foreign, and international courts; and seemingly innumerable NGOs. Over time, different states have adopted wide-ranging and diverse approaches to undertaking measures (or not) concerning armed conflict in Syria, whether in relation to the government, one or more armed opposition groups, or the civilian population. Especially since mid-2014, a growing number of states have undertaken military operations directed against ISIS in Syria. For at least a year-and-a-half, Russia has bolstered military strategies of the Syrian government. At least one state (the United States) has directed an operation against a Syrian military base. And, more broadly, many states provide (other) forms of support or assistance to the government of Syria, to armed opposition groups, or to the civilian population. Against that backdrop, the Harvard Law School Program on International Law and Armed Conflict (HLS PILAC) set out to collect states’ statements made from August 2011 through November 2016 concerning use of force in relation to Syria. A primary aim of the database is to provide a comparatively broad set of reliable resources regarding states’ perspectives, with a focus on legal parameters. A premise underlying the database is that through careful documentation of diverse approaches, we can better understand those perspectives. The intended audience of the database is legal practitioners. The database is composed of statements made on behalf of states and/or by state officials. For the most part, the database focuses on statements regarding legal parameters concerning use of force in relation to Syria. HLS PILAC does not pass judgment on whether each statement is necessarily legally salient for purposes of international law. Nor does HLS PILAC seek to determine whether a particular statement may be understood as an expression of opinio juris or an act of state practice (though it might be).
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Alexander, Serena E., Mariela Alfonzo, and Kevin Lee. Safeguarding Equity in Off-Site Vehicle Miles Traveled (VMT) Mitigation in California. Mineta Transportation Institute, November 2021. http://dx.doi.org/10.31979/mti.2021.2027.
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Historically, the State of California assessed the environmental impacts of proposed developments based on how it was projected to affect an area’s level of service (LOS). However, as LOS focused on traffic delays, many agencies simply widened roads, which was an ineffective way to reduce greenhouse gas emissions (GHGs). With the passage of Senate Bill (SB)743 in 2013, LOS was replaced by Vehicle Miles Traveled (VMT) as a more appropriate metric by which to gauge the environmental impacts of proposed development. Additionally, SB 743 presented an opportunity for off-site VMT mitigation strategies through banking and exchanges– allowing multiple development projects to fund a variety of strategies to reduce VMT elsewhere in the city or region. While the shift from LOS to VMT has generally been lauded, concerns remain about how to apply SB 743 effectively and equitably. This study aimed to: 1) understand how local governments are addressing this shift toward VMT while ensuring equity, including its approaches to off-site VMT mitigation; and 2) evaluate the various built environment factors that impact VMT, which should be considered by local governments, using both qualitative and quantitative research designs. The study posited that both micro and macro level aspects of the built environment needed to be considered when evaluating the impacts of proposed development on VMT, not only to ensure higher accuracy VMT models, but also because of the potential equity implications of off-site mitigation measures. Using multiple linear regression, the study shows that macroscale built environment features such as land use, density, housing, and employment access have a statistically significant impact on reducing VMT (35%), along with transit access (15%), microscale features such as sidewalks, benches, and trees (13%), and income (6%). More notably, a four-way interaction was detected, indicating that VMT is dependent on the combination of macro and micro level built environment features, public transit access, and income. Additionally, qualitative interviews indicate that transportation practitioners deal with three types of challenges in the transition to VMT impact mitigation: the lack of reliable, standardized VMT measure and evaluation tools; the lack of a strong legal foundation for VMT as a component of the California Environmental Quality Act (CEQA); and the challenge of distributing off-site VMT mitigation equitably. Overall, findings support a nuanced, multi-factor understanding of the context in which new developments are being proposed, both in terms of modeling VMT, but also when considering whether offsite mitigation would be appropriate. The results of this study can help California ensure equitable VMT mitigation that better aligns with the state’s climate goals.
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Mayfield, Colin. Capacity Development in the Water Sector: the case of Massive Open On-line Courses. United Nations University Institute for Water, Environment and Health, January 2017. http://dx.doi.org/10.53328/mwud6984.
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The Sustainable Development Goal 6 targets are all dependent on capacity development as outlined in SDG 6a “Expand international cooperation and capacity-building support to developing countries in water- and sanitation related activities and programmes “. Massive Open On-line Courses (MOOCs) and distance learning in general have a significant role to play in this expansion. This report examines the role that MOOCs and similar courses could play in capacity development in the water sector. The appearance of MOOCs in 2010/11 led within 4 years to a huge increase in this type of course and in student enrollment. Some problems with student dropout rates, over-estimating the transformational and disruptive nature of MOOCs and uncertain business models remain, but less “massive” MOOCs with more engaged students are overcoming these problems. There are many existing distance learning courses and programmes in the water sector designed to train and/ or educate professionals, operators, graduate and undergraduate students and, to a lesser extent, members of communities dealing with water issues. There are few existing true MOOCs in the water sector. MOOCs could supply significant numbers of qualified practitioners for the water sector. A suite of programmes on water-related topics would allow anyone to try the courses and determine whether they were appropriate and useful. If they were, the students could officially enroll in the course or programme to gain a meaningful qualification or simply to upgrade their qualifications. To make MOOCs more relevant to education and training in the water sector an analysis of the requirements in the sector and the potential demand for such courses is required. Cooperation between institutions preparing MOOCs would be desirable given the substantial time and funding required to produce excellent quality courses. One attractive model for cooperation would be to produce modules on all aspects of water and sanitation dealing with technical, scientific, social, legal and management topics. These should be produced by recognized experts in each field and should be “stand-alone” or complete in themselves. If all modules were made freely available, users or mentors could assemble different MOOCs by linking relevant modules. Then extracts, simplified or less technical versions of the modules could then be used to produce presentations to encourage public participation and for other training purposes. Adaptive learning, where course materials are more tailored to individual students based on their test results and reactions to the material, can be an integral part of MOOCs. MOOCs efficiently provide access to quality courses at low or no cost to students around the world, they enable students to try courses at their convenience, they can be tailored to both professional and technical aspects, and they are very suitable to provide adaptive learning courses. Cooperation between institutions would provide many course modules for the water sector that collectively could provide excellent programmes to address the challenges of capacity development for SDG 6 and other issues within the water sector.
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Rahmé, Marianne, and Alex Walsh. Corruption Challenges and Responses in the Democratic Republic of Congo. Institute of Development Studies, January 2022. http://dx.doi.org/10.19088/k4d.2022.093.
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The Democratic Republic of the Congo (DRC) consistently scores in the lowest rungs of global indexes on corruption, integrity and wider governance standards. Indeed, corruption of different sorts pervades public and corporate life, with strong ramifications for human development. Although the DRC is one of the richest countries in the world in terms of natural resources, its people are among the globe’s poorest.Corruption in the extractive industries (minerals and oil) is particularly problematic in terms of scale and its centrality to a political economy that maintains elites and preserves the highly inequitable outcomes for the majority. The politico-economic elites of the DRC, such as former President Joseph Kabila, are reportedly significant perpetrators but multinationals seeking valuable minerals or offering financial services are also allegedly deeply involved. Corruption is therefore a problem with national and international roots.Despite national and international initiatives, levels of corruption have proven very stubborn for at least the last 20 years, for various reasons. It is a structural and not just a legal issue. It is deeply entrenched in the country’s political economy and is driven both by domestic clientelism and the fact that multinationals buy into corrupt deals. This rapid review therefore seeks to find out the Corruption challenges and responses in the Democratic Republic of Congo.Grand level corruption shades down into the meso-level, where for instance, mineral laden trucks are systematically under-weighted with the collusion of state officials. With severe shortfalls in public funding, certain public services, such as education, are supported by informal payments. Other instances of petty corruption facilitate daily access to goods and services. At this level, there are arguments against counting such practices as forms of corruption and instead as necessary survival practices.To address the challenge of corruption, the DRC is equipped with a legal system that is of mixed strengths and an institutional arsenal that has made limited progress. International programming in integrity and anti-corruption represents a significant proportion of support to the DRC but much less than humanitarian and governance sectors. The leading international partners in this regard are the EU, US, UNDP, UK, African Development Bank, Germany and Sweden. These partners conduct integrity programming in general governance issues, as well as in the mineral and forest sectors.The sources used in this rapid review are gender blind and converge on a very negative picture The literature ranges from the academic and practitioner to the journalistic and investigative, and taken as a whole, is of good quality, drawing on different types of evidence including perceptions and qualitative in-country research. The sources are mostly in English with two in French.