Log in

Relevant bibliographies by topics / Mixed Courts / Journal articles

Journal articles on the topic 'Mixed Courts'

To see the other types of publications on this topic, follow the link: Mixed Courts.

Author: Grafiati

Published: 10 December 2022

Last updated: 28 January 2023

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the top 50 journal articles for your research on the topic 'Mixed Courts.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.

1

Verniaev, I. I. "Justice on the Frontier: Mixed Court of Chinese Eastern Railway." Modern History of Russia 12, no. 2 (2022): 321–44. http://dx.doi.org/10.21638/11701/spbu24.2022.204.

Full text

Abstract:

The paper discusses the mixed courts of the Chinese Eastern Railway (CER). The researchers studied mostly the early stages of mixed courts of the CER, did not use mass data, and did not compare this model of mixed justice with the courts of borderlands of the Russian Empire and the imperial post-reform justice. The paper provides a statistical analysis of court cases in 1908 and 1913 using the reporting sheets. This made it possible to trace changes in activities of a mixed court at a later stage of its functioning. The article reveals changes in the types of civil and criminal cases, the composition of trial participants, the types of court decisions. The study revealed that the number and proportion of inter-Chinese court cases increased significantly. The paper concludes about the multi-component nature of the legal basis of mixed courts. Changes in the staff of the judicial collegiums are analyzed. A comparison of the CER mixed courts with the judicial institutions of the Russian Empire borderlands, with the post-reform imperial justice and the mixed courts of the international settlements of Shanghai is carried out. It is concluded that the mixed courts creatively combined the institutional elements of different judicial system. The analysis of statistical data and descriptions allows to draw preliminary conclusions about the attitude of the population towards mixed courts and the role of this type of justice in establishing law and order on the CER. The study concludes that the mixed justice, bringing together the heterogeneous in origin and characteristics of judicial and legal practices and views, contributed to the formation of a common regional cultural and legal field on the Manchurian frontier.

APA, Harvard, Vancouver, ISO, and other styles

2

Listwan, Shelley Johnson, Jody L. Sundt, Alexander M. Holsinger, and Edward J. Latessa. "The Effect of Drug Court Programming on Recidivism: the Cincinnati Experience." Crime & Delinquency 49, no. 3 (July 2003): 389–411. http://dx.doi.org/10.1177/0011128703049003003.

Full text

Abstract:

The impetus of the drug court movement can be traced to a number of factors, such as the social and organizational costs of imprisonment and the literature surrounding the effectiveness of community-based treatment. Regardless of its origins, however, drug courts have altered the way in which court systems process drug cases and respond to drug-dependent offenders. Evaluations of U.S. drug courts are beginning to emerge, and although the outcome results are encouraging, not all courts are showing a reduction in rearrest rates. Despite the rapid expansion of drug courts, their growing prevalence, and popularity, little is known about the drug court model's ability to achieve its objectives in a variety of circumstances. This research adds to the literature on drug courts by examining the effect of drug court programming on multiple indicators of recidivism. Results of the study are mixed; however, the drug court treatment group did perform better when examining arrest for a drug-related offense.

APA, Harvard, Vancouver, ISO, and other styles

3

Petricca, Francesca. "Filling the Void: Sharīʿa in Mixed Courts in Egypt: Jurisprudence (1876-1949)." Journal of the Economic and Social History of the Orient 55, no. 4-5 (2012): 718–45. http://dx.doi.org/10.1163/15685209-12341272.

Full text

Abstract:

Abstract Mixed courts were an internationally staffed bench that represented the diplomatic alliances between capitulary powers and the Egyptian government. Decisions delivered by these courts were based on the so-called “mixed codes,” which provided parties to a dispute with substantial scope for legal maneuvering. On the basis of a case study concerning a mortgage on a waqf (charitable endowment), I shall explain how legal actors, in spite of the state strong presence as regulatory agent, took advantage of the loopholes in the mixed-court system. Far from being an obstacle in the quest of justice, legal vagueness became an opportunity for anyone able to expand his own legal horizons beyond the limits imposed by the colonial rule.

APA, Harvard, Vancouver, ISO, and other styles

4

Leboulanger, Philippe. "Mixed Courts of Egypt and International Arbitration." BCDR International Arbitration Review 3, Issue 1 (September 1, 2016): 23–31. http://dx.doi.org/10.54648/bcdr2016003.

Full text

Abstract:

Historically, Mixed Courts of Egypt, and recently international arbitration, have led to controversial debates as to their role in the Egyptian legal system. The Mixed Courts have been and are often still considered an infringement of Egyptian sovereignty because they were established during colonialism. However, the courts came into existence because Egypt needed a new, efficient legal system to end the consular courts, which were created under the Capitulations Treaties in the Ottoman Empire and caused unequal and sometimes biased treatment of Egyptian nationals. But beyond the geopolitical and historical context, the Mixed Courts have contributed to the development of the modern Egyptian legal system and Egyptian heritage in comparative law and international private law. Although the Mixed Courts and international arbitration proceedings are similar (e.g., different nationalities and legal backgrounds of judges and arbitrators, the possibility to apply different laws to the parties’ disputes), the historical and political context that resulted in the creation of the mechanisms is different. Thus, the claim that international arbitration would overstep Egyptian sovereignty is unfounded. On the contrary, Egypt’s desire to have a modern set of arbitration rules is shared with other States seeking participation in the economic globalization, and international arbitration has proved to be an appropriate mechanism for international trade dispute resolution.

APA, Harvard, Vancouver, ISO, and other styles

5

MacQueen, Hector L. "Mixed Jurisdictions and Convergence: Scotland." International Journal of Legal Information 29, no. 2 (2001): 309–22. http://dx.doi.org/10.1017/s0731126500009446.

Full text

Abstract:

There is an independent Scottish legal system today because, until the Union of the English and Scottish Crowns in 1603 and the Union of the Parliaments of the two countries in 1707, Scotland was an independent sovereign state. When King James VI of Scotland became James I of England and Great Britain in 1603, there was considerable interest in the possibility of establishing a single legal system for the newly united kingdoms, while during the Cromwellian interlude of the 1650s the possibility moved some way towards actuality. But the 1707 Act of Union showed a recognition that the establishment of a single legal system and body of law for the whole of the United Kingdom was not really a practical proposition, in articles which remain the formal basis for the continuing existence and independence of the Scottish law and legal system. Article XVIII provided for the continuation of Scots law after the Union, excepting only the ‘Laws concerning Regulation of Trade, Customs and … Excises', which were to ‘be the same in Scotland, from and after the Union, as in England.’ Change to Scots law was allowed under the Article, but in matters of ‘private right’ such change had to be for the ‘evident utility’ of the Scottish people. Only in matters of ‘public right’ might the aim be simply to make the law the same throughout the United Kingdom. Article XIX laid down that the principal Scottish courts, the Court of Session and the High Court of Justiciary, should ‘remain in all time coming’ as they were then constituted, and further provided that Scottish cases were not to be dealt with by the English courts ‘in Westminster-hall’ (which likewise continued to exist post-Union).

APA, Harvard, Vancouver, ISO, and other styles

6

Goldberg, Jan. "Mark S.W. Hoyle, Mixed Courts of Egypt." Égypte/Monde arabe, no. 34 (December 31, 1998): 294–95. http://dx.doi.org/10.4000/ema.1564.

Full text

APA, Harvard, Vancouver, ISO, and other styles

7

Hoyle, Mark S. W. "The Mixed Courts of Egypt 1875-1885." Arab Law Quarterly 1, no. 4 (1985): 436–51. http://dx.doi.org/10.1163/157302585x00266.

Full text

APA, Harvard, Vancouver, ISO, and other styles

8

Hayle, Mark S. W. "The Mixed Courts of Egypt 1896-1905." Arab Law Quarterly 2, no. 1 (1987): 57–74. http://dx.doi.org/10.1163/157302587x00066.

Full text

APA, Harvard, Vancouver, ISO, and other styles

9

Hoyle, Mark S. W. "The Mixed Courts of Egypt 1906-1915." Arab Law Quarterly 2, no. 2 (1987): 166–84. http://dx.doi.org/10.1163/157302587x00228.

Full text

APA, Harvard, Vancouver, ISO, and other styles

10

Hoyle, Mark S. W. "The Mixed Courts of Egypt 1916-1925." Arab Law Quarterly 2, no. 3 (1987): 292–310. http://dx.doi.org/10.1163/157302587x00327.

Full text

APA, Harvard, Vancouver, ISO, and other styles

11

Hoyle, Mark S. W. "The Mixed Courts of Egypt 1926-1937." Arab Law Quarterly 2, no. 4 (1987): 357–89. http://dx.doi.org/10.1163/157302587x00426.

Full text

APA, Harvard, Vancouver, ISO, and other styles

12

Hoyle, Mark S. W. "The Mixed Courts of Egypt 1938-1949." Arab Law Quarterly 3, no. 1 (1988): 83–115. http://dx.doi.org/10.1163/157302588x00164.

Full text

APA, Harvard, Vancouver, ISO, and other styles

13

Hoyle, Mark S. W. "The Mixed Courts of Egypt 1886-1895." Arab Law Quarterly 1, no. 5 (November 1986): 562. http://dx.doi.org/10.2307/3381399.

Full text

APA, Harvard, Vancouver, ISO, and other styles

14

Hoyle, Mark S. W. "The Mixed Courts of Egypt 1875-1885." Arab Law Quarterly 1, no. 4 (August 1986): 436. http://dx.doi.org/10.2307/3381423.

Full text

APA, Harvard, Vancouver, ISO, and other styles

15

Hoyle, Mark S. W. "The Mixed Courts of Egypt 1896-1905." Arab Law Quarterly 2, no. 1 (February 1987): 57. http://dx.doi.org/10.2307/3381907.

Full text

APA, Harvard, Vancouver, ISO, and other styles

16

LE MON, CHRISTOPHER J. "Post-Avena Application of the Vienna Convention on Consular Relations by United States Courts." Leiden Journal of International Law 18, no. 2 (June 2005): 215–35. http://dx.doi.org/10.1017/s092215650500261x.

Full text

Abstract:

Following the judgment of the International Court of Justice in the Avena case, US courts have had a mixed record in applying the decision domestically. In this article, I examine the treatment by US courts of claims by criminal defendants alleging Vienna Convention violations, subsequent to the Avena judgment. First, I discuss the two limited decisions so far taken by the US Supreme Court regarding the Vienna Convention, and briefly explain several of the judicially-created rules that have prevented most US courts from reaching the merits of Vienna Convention claims. Next, I analyse the ICJ judgment in the LaGrand case, and provide an overview of the reception of that case by the US courts. After a summary of the Avena decision, I turn to the latest cases in which Vienna Convention claims based on Avena have been raised in US courts, focusing on the two most important decisions, and examining their contradictory rulings. As the US Supreme Court has now decided to hear an appeal in one of these cases, I conclude by arguing that the Supreme Court should take the opportunity to elucidate the role of the International Court of Justice in US law when the United States has consented to binding treaty interpretation by that court.

APA, Harvard, Vancouver, ISO, and other styles

17

Nouwen, Sarah M. H. "Combining Ownership and Neutrality in the Prosecution of International Crimes: Theory and Reality of Mixed Tribunals." Netherlands Quarterly of Human Rights 25, no. 2 (June 2007): 255–87. http://dx.doi.org/10.1177/016934410702500205.

Full text

Abstract:

Mixed tribunals, a new type of courts prosecuting international crimes, have been welcomed with the assertion that they combine the neutrality of international courts and the ownership of domestic courts. Examining the current examples of mixed courts in Kosovo, East Timor, Sierra Leone, Cambodia and Bosnia and Herzegovina this article reveals, however, that it is problematic to ascribe this potential to mixed tribunals as a category. The category of mixed tribunals appears to be very heterogeneous in itself. The common defining and distinguishing feature, panels with national and international judges, can go some way towards providing both ownership and neutrality. However, other, not defining and even not common features of the courts, such as their establishment history, legal order, location and outreach programmes, appear to be as important. Consequently, if mixed tribunals are established with the expectation to combine neutrality and ownership, mixed panels as such do not suffice. From the moment of the establishment to the dissemination of the judgments, various other factors have to be taken into consideration for this expectation to be fulfilled.

APA, Harvard, Vancouver, ISO, and other styles

18

Smith, Alisa, and Sean Maddan. "Misdemeanor Courts, Due Process, and Case Outcomes." Criminal Justice Policy Review 31, no. 9 (January 29, 2020): 1312–39. http://dx.doi.org/10.1177/0887403420901759.

Full text

Abstract:

Very little research on courts and sentencing outcomes focuses on misdemeanor courts despite the fact that most crime processed through the criminal justice system is misdemeanor in nature. In fact, the overwhelming empiricism in this area is on felony court outcomes at either the federal or state levels. This research utilized a mixed methodology approach, a combination of observation, survey, and secondary data, to explore misdemeanor court outcomes across the State of Florida. In particular, this research focused on the extent of due process afforded misdemeanor defendants and how this impacted case outcomes. Findings indicate an overall lack of due process and awareness of due process rights across the vast majority of cases. This study also explored sentencing outcomes via traditional metrics associated with contemporary sentencing research. Findings suggest that misdemeanor courts processing operate much differently than felony courts. The implications for future research and policy are discussed.

APA, Harvard, Vancouver, ISO, and other styles

19

STAPPERT, NORA. "A New Influence of Legal Scholars? The Use of Academic Writings at International Criminal Courts and Tribunals." Leiden Journal of International Law 31, no. 4 (September 19, 2018): 963–80. http://dx.doi.org/10.1017/s0922156518000377.

Full text

Abstract:

AbstractWhat role have international legal scholars played in the development of international criminal law? Building on recent studies of the citation practices of international courts, the article provides an empirical assessment of the use and functions of citations to scholarly writings in the judgments of international criminal courts and tribunals. Using a mixed-methods approach, the article combines: a) a quantitative analysis of judgments interpreting the law of war crimes across four international and hybrid courts; with b) qualitative interviews with judges and legal officers at the International Criminal Court (ICC), the ad hoc Tribunals, and the Special Court for Sierra Leone (SCSL). The article argues that scholarly writings have been strikingly visible in the judgments of international criminal courts and tribunals, and especially at the ICC, which entails significant implications for the functions of academic writings and the role of international legal scholars.

APA, Harvard, Vancouver, ISO, and other styles

20

Muñoz, Ed A., Rebecca Y. Owen, Moisés Próspero, and Daniel E. Adkins. "Diversion and Restorative Justice: Salt Lake Peer Court Disrupting Disproportionate Minority Contact?" Sociology of Race and Ethnicity 8, no. 2 (February 18, 2022): 284–300. http://dx.doi.org/10.1177/23326492221078860.

Full text

Abstract:

There is an increased acceptance of youth courts grounded in restorative justice principles to divert first-time nonviolent offenders away from formal juvenile court entry. Research assessing the effectiveness of various teen/peer courts is mixed, and focuses mainly on recidivism. This study analyzes 2010 to 2016 Salt Lake Peer Court data to examine the relationship legal and extralegal variables have on the participation in and completion of this diversionary program for first-time youth offenders. Overall, legal factors affected outcomes more than extralegal factors. Gender proved insignificant in both models with race, age, and school socioeconomic status (SES) producing varied significant effects in outcome models. Offense severity produced consistent strong significant effects across model outcomes. Implications of the study point to the possibilities of peer courts for reducing disproportionate minority contact.

APA, Harvard, Vancouver, ISO, and other styles

21

Turanjanin, Veljko, and Dragana Čvorović. "Composition of the criminal courts." Anali Pravnog fakulteta u Beogradu, no. 2/2018 (July 14, 2018): 187–219. http://dx.doi.org/10.51204/anali_pfub_18208a.

Full text

Abstract:

The composition of a criminal court stands as one of the most interesting issues in the comparative law. Different viewpoints when it comes to the need of including non-professional citizens in the contemporary criminal procedure have contributed to interesting approaches related to regulating this issue. First of all, there are original jury systems that are a feature related mainly to the Anglo-American legal systems, but whose ideas have found their place in the European legislature as well. Furthermore, there are countries where the trial body stands as a separate authority, which consists of professional judges and lay judges, whereas some of the countries have both professional judges and lay judges, the first being in charge of resolving legal issues, and the second ones being in charge of factual issues. There are many articles devoted to the jury systems in the world, but in a very small proportion of them we could find solutions from the mixed court of the Balkan countries. Mixed court is one of the features continental countries. The authors compare Balkan countries, where Slovenia and Croatia being the European Union Members, whereas the rest of them are in the process of accession. Thereby, some of the countries strive to get their courts become more professional by leaving out citizens non-professional from the composition of trial chamber, while some of them have kept them, whereby the scope of their jurisdiction varies from one country to another. Today, it is a great question whether a mixed court will survive legislative changes, due to the criticism of the jurists and non-jurists.

APA, Harvard, Vancouver, ISO, and other styles

22

Gurkov, Alexander. "The Second-Look Doctrine in Russian Arbitrazh Courts." Review of Central and East European Law 38, no. 3-4 (2013): 389–402. http://dx.doi.org/10.1163/15730352-00000009.

Full text

Abstract:

This article provides a brief description of the second-look doctrine and an analysis of its implications for the Russian legal system in terms of legislation, case law, and doctrine. It contains a review of existing judgments by Russian Arbitrazh courts on the issue, with an analysis of the courts’ reasoning with regard to the effects of the secondlook doctrine. The article ends by noting that Russian law allows for two different interpretations—minimalist and the mixed—of the doctrine. These approaches require a different standard for court review of arbitral awards involving antitrust matters.

APA, Harvard, Vancouver, ISO, and other styles

23

Arafa, Mohamed. "ISLAMIC JURISDICTION: SHARIE‘A COURTS AND THE FUTURE OF PUBLIC POLICY." Revista Direitos Fundamentais & Democracia 25, no. 1 (April 30, 2020): 6–26. http://dx.doi.org/10.25192/issn.1982-0496.rdfd.v25i11829.

Full text

Abstract:

Recently the issue of the Sharie‘a courts has been drawing the attention of the Western media, especially in Europe, Canada, and the United States. Legal scholars and legal activists are quite reluctant to contribute to the discourse held mostly by reporters, religious figures and politicians. This could be why the matter is covered cursorily resting upon emotional, prejudiced and politically inspired debates and valuations. Moreover, the Sharie‘a court’s jurisdiction is not always obviously specified and fundamentally various issues of these courts get mixed and sometimes led to the conflict of laws (choice of law) questions.

APA, Harvard, Vancouver, ISO, and other styles

24

Hoyle, Mark S. W. "The Origins of the Mixed Courts of Egypt." Arab Law Quarterly 1, no. 2 (1985): 220–30. http://dx.doi.org/10.1163/157302585x00095.

Full text

APA, Harvard, Vancouver, ISO, and other styles

25

Hoyle, Mark S. W. "The Mixed Courts of Egypt: an Anniversary Assessment." Arab Law Quarterly 1, no. 1 (1985): 60–68. http://dx.doi.org/10.1163/157302585x00400.

Full text

APA, Harvard, Vancouver, ISO, and other styles

26

Hoyle, Mark S. W. "The Origins of the Mixed Courts of Egypt." Arab Law Quarterly 1, no. 2 (February 1986): 220. http://dx.doi.org/10.2307/3381481.

Full text

APA, Harvard, Vancouver, ISO, and other styles

27

Brown, Nathan J. "The Precarious Life and Slow Death of the Mixed Courts of Egypt." International Journal of Middle East Studies 25, no. 1 (February 1993): 33–52. http://dx.doi.org/10.1017/s0020743800058037.

Full text

Abstract:

Over the past century, most states of the Middle East have attempted to strengthen and centralize their legal systems, often following European models. Egypt undertook one of the first steps in that direction with its mixed-court system. These courts, which had jurisdiction in civil and commercial cases that involved a foreigner, however remotely, operated from 1876 until 1949. That this system could survive the political turmoil of those years, far outliving the circumstances which brought it into being, is remarkable.

APA, Harvard, Vancouver, ISO, and other styles

28

Baum, Lawrence. "Supreme Court Elections: How Much They Have Changed, Why They Changed, and What Difference It Makes." Law & Social Inquiry 42, no. 03 (2017): 900–923. http://dx.doi.org/10.1111/lsi.12290.

Full text

Abstract:

This essay draws on four recent studies of elections to state supreme courts in the United States to probe widely perceived changes in the scale and content of electoral campaigns for seats on state supreme courts. 1 Evidence from these studies and other sources indicates that changes have indeed occurred, though they are more limited than most commentaries suggest. These changes stem most directly from trends in state supreme court policy that have attracted interest-group activity, especially from the business community. Like their extent, the effects of change in supreme court campaigns have been meaningful although exaggerated by many observers. What we have learned about changes in supreme court elections has implications for choices among selection systems, but those implications are mixed and complex.

APA, Harvard, Vancouver, ISO, and other styles

29

Tiede, Lydia Brashear. "Mixed Judicial Selection and Constitutional Review." Comparative Political Studies 53, no. 7 (October 20, 2019): 1092–123. http://dx.doi.org/10.1177/0010414019879961.

Full text

Abstract:

Almost half the constitutional court judges worldwide are selected by a mixed selection system, whereby a specific number of judges are selected by different government institutions. What are the implications of this selection method and its variations for judges’ individual choices on constitutional review cases? An examination of vote choice on the Chilean and Colombian constitutional courts indicates that judges’ decisions to strike down laws are explained more by their and other colleagues’ institutional selector than their political party associations. The results call into question traditional judicial behavior models by suggesting that judges with different selectors have distinct voices when adjudicating constitutional questions which in turn enhances the deliberative process. However, the results also raise concern that certain selecting institutions may have a more significant voice in vetoing legislation than afforded them in the regular legislative process.

APA, Harvard, Vancouver, ISO, and other styles

30

Ehrlich, Sam. "A Three-Tiered Circuit Split: Why the Supreme Court Was Right to Hear Alston v. NCAA." Journal of Legal Aspects of Sport 32, no. 1 (February 25, 2022): 1–61. http://dx.doi.org/10.18060/24493.

Full text

Abstract:

This article provides a retrospective look at the Supreme Court’s decision to review the NCAA v. Alston antitrust litigation by defining and analyzing a three-tiered circuit split that existed in the courts’ application of antitrust law to NCAA amateurism regulations. Using mixed-methods citation network analysis review, this article shows wide disarray within the NCAA amateurism discrete citation network by analyzing the doctrinal differences in how three distinct jurisdictional silos applied antitrust law to four broad categories of NCAA rules. As such, this article argues that the Supreme Court was correct to grant certiorari to the Alstonpetitioners to resolve this circuit split and better define the precedential effect of the much-debated NCAA v. Board of Regents.

APA, Harvard, Vancouver, ISO, and other styles

31

Frimer, Dov I. "Israel Civil Courts and Rabbinical Courts Under One Roof." Israel Law Review 24, no. 3-4 (1990): 553–59. http://dx.doi.org/10.1017/s0021223700010074.

Full text

Abstract:

There can be no quarrel with Prof. Pinhas Shifman's essential thesis. The attempt to have two kings rule the same kingdom at one and the same time has undoubtedly failed. The “mixed marriage” between two legal systems, having different — and at times contradictory — philosophies of law, world outlooks and social goals, has given birth to a child which neither parent is eager to acknowledge. As is usually the case in failed marriages, here too each side blames the other for the failure; the civil system points an accusing finger at the religious system, and the Rabbinical Courts blame the civil courts. Prof. Shifman is certainly correct in his claim that the complexity of this situation has given rise to a certain tendentiousness among both the civil and the Rabbinical Court judges, with each group zealously seeking to enlarge its own kingdom.Although I do not find fault with the general picture sketched by Prof. Shifman, I cannot agree with some of the finer details; in particular, with certain examples cited by Prof. Shifman in support of his conclusions, which are correct in and of themselves.

APA, Harvard, Vancouver, ISO, and other styles

32

Fargo, Anthony. "Evidence Mixed on Erosion of Journalists' Privilege." Newspaper Research Journal 24, no. 2 (March 2003): 50–62. http://dx.doi.org/10.1177/073953290302400204.

Full text

Abstract:

A review of journalistic privilege statutes and cases since 1997 finds that some jurisdictions have provided continuing or increased support for the privilege, but in others the courts have shown a pattern of hostility toward reporters' privilege.

APA, Harvard, Vancouver, ISO, and other styles

33

Richardson, James T., and Brian M. Lee. "The Role of the Courts in the Social Construction of Religious Freedom in Central and Eastern Europe." Review of Central and East European Law 39, no. 3-4 (November 18, 2014): 291–313. http://dx.doi.org/10.1163/15730352-00000021.

Full text

Abstract:

This article takes a social-constructionist view of the role played by judicial systems in selected Central and East European nations, formerly dominated by the Soviet Union, in defining the meaning of religious freedom. The focus is on the role of national courts, including constitutional courts, and especially the European Court of Human Rights (ECtHR) in this process, with particular attention being paid to the interaction of these separate court systems in defining religious freedom in the various nations. The function of possible ‘pilot judgments’ of the ECtHR in this process is examined. An overall assessment of the role of judicial systems offers a mixed, but somewhat optimistic, view of the role being played by the court systems in the region which seems to support the idea that the ‘judicialization of politics’—addressed by scholars in other branches of law—is also occurring in the area of religious freedom.

APA, Harvard, Vancouver, ISO, and other styles

34

Ravensbergen, Sanne. "“Do Not Harm the Decorum”: Mixed Courts and Cloth in Colonial Indonesia." Law and History Review 40, no. 3 (August 2022): 533–48. http://dx.doi.org/10.1017/s0738248022000438.

Full text

Abstract:

In this article four photographs of mixed law courts (landraad) in nineteenth-century colonial Indonesia are approached as a window to study the materiality and meaning of cloth in courtrooms. The photos grant access to a careful colonial curation as well as complex Javanese hierarchies that were translated onto and through cloth, and its colors and patterns. Batik sarongs, tablecloths, head scarves, robes and gowns, coats and turbans reveal a courtroom of semiotic richness and plurality where different actors were signaling different messages to multiple audiences. This emphasis on cloth contributes to an emergent and rich discussion on the importance of objects in the study of law and empire, that has primarily focused on the materiality of paper and other objects of lawmaking. In the mixed court of the landraad, it was cloth that spoke louder than words and paper. This article emphasizes that in a mixed court the display of a plural world and jurisdictional layering, complicating the binary between direct and indirect colonial rule, was more important than a monolithic reflection of state law. Cloth was crucial to the display of this plural world and used as a way to impose, maintain, alter, insert oneself in or resist colonial rule.

APA, Harvard, Vancouver, ISO, and other styles

35

Kornhauser, Ryan. "The effectiveness of Australia’s drug courts." Australian & New Zealand Journal of Criminology 51, no. 1 (November 9, 2016): 76–98. http://dx.doi.org/10.1177/0004865816673412.

Full text

Abstract:

Operating in Australia since 1999, drug courts are now present in the majority of Australian jurisdictions. This paper takes stock of the impact evaluations of Australia’s drug courts to date, and considers to what extent these evaluations support drug courts as being more effective than ‘conventional’ sanctions in reducing recidivism. While Australian evaluations indicate drug courts reduce recidivism more than conventional sanctions, certainty in these findings is tempered by mixed results and methodological limitations.

APA, Harvard, Vancouver, ISO, and other styles

36

Lazowski, Adam. "Half full and half empty glass: The application of EU law in Poland (20042010)." Common Market Law Review 48, Issue 2 (April 1, 2011): 503–53. http://dx.doi.org/10.54648/cola2011021.

Full text

Abstract:

Poland joined the European Union on 1 May 2004 and the first wave of EU-related litigation reached the Polish courts soon after. The question that this article tries to answer is whether Polish judges are willing and able to serve as EU judges and give EU law effect. The emerging picture is mixed. On the one hand, there is a growing volume of court decisions calling for praise, on the other hand some decisions are not exactly the finest hour of the Polish judiciary. The article starts with an overview of EU-related judgments of the Polish Constitutional Tribunal. It then turns to the application of fundamental tenets of EU law by other Polish courts. This is followed by a discussion of issues raised under the preliminary ruling procedure and an overview of selected references submitted by Polish courts, including problems of translation, and question of temporal scope of EU law.

APA, Harvard, Vancouver, ISO, and other styles

37

Fowler, Eric, and Megan C. Kurlychek. "Drawing the Line." Youth Violence and Juvenile Justice 16, no. 3 (June 28, 2017): 263–78. http://dx.doi.org/10.1177/1541204017708017.

Full text

Abstract:

Every state maintains some mechanism by which youths can be tried as adults in criminal courts. While scholars have long debated the inherent benefits or detriments of prosecuting youths as adults, empirical studies of actual outcomes have provided mixed findings and have been limited by problems of selection bias and jurisdictional differences in processing. The current research aims to further inform this literature by capitalizing on a policy change in Connecticut that raised the age of criminal responsibility from 16 to 17 on January 1, 2010, creating a natural experiment to assess the recidivism differences for youths based upon the system of processing: juvenile versus adult court. Findings from a 2-year follow-up reveal that 16-year-olds processed in juvenile courts had substantially reduced rates of recidivism with odds of rearrest that were between .462 and .630 less than for 16-year-olds processed in adult courts dependent on model specification.

APA, Harvard, Vancouver, ISO, and other styles

38

Nielsen, Ingrid, and Russell Smyth. "What the Australian Public Knows About the High Court." Federal Law Review 47, no. 1 (February 8, 2019): 31–63. http://dx.doi.org/10.1177/0067205x18816238.

Full text

Abstract:

Existing studies for the United States examine the extent to which the public is knowledgeable about US courts, arguing that knowledge of the courts is linked to public support for their role. We know little, though, about the Australian public’s awareness of the High Court of Australia. We report the results of a survey of a representative sample of the Australian adult population, administered in November 2017. We find that few Australians know the names of the Justices, the number of Justices on the Court, how the Justices are appointed or for how long they serve. Awareness of recent cases decided by the Court is mixed. We find that age and education are better predictors of awareness levels than is gender. Our findings are important because in the absence of awareness of the High Court, the potential exists for the public to see the Court as having a more overt political role than it has, which may lower esteem for the Court. The potential for this to occur is exacerbated if, and when, politicians attempt to drag the High Court into the political fray, by attributing political motives to it that it does not have.

APA, Harvard, Vancouver, ISO, and other styles

39

Hoyle, Mark S. W. "The Structure and Laws of the Mixed Courts of Egypt." Arab Law Quarterly 1, no. 3 (1985): 327–45. http://dx.doi.org/10.1163/157302585x00554.

Full text

APA, Harvard, Vancouver, ISO, and other styles

40

Hoyle, Mark S. W. "The Structure and Laws of the Mixed Courts of Egypt." Arab Law Quarterly 1, no. 3 (May 1986): 327. http://dx.doi.org/10.2307/3381755.

Full text

APA, Harvard, Vancouver, ISO, and other styles

41

Koral, Alan M. "Religion in the work place: Mixed signals from the courts." Employment Relations Today 13, no. 2 (June 1986): 95–101. http://dx.doi.org/10.1002/ert.3910130202.

Full text

APA, Harvard, Vancouver, ISO, and other styles

42

Kenner, Jeff. "Síofra O’Leary, Employment Law at the European Court of Justice: Judicial Structures, Policies and Processes." International Journal of Comparative Labour Law and Industrial Relations 19, Issue 3 (September 1, 2003): 405–9. http://dx.doi.org/10.54648/ijcl2003022.

Full text

Abstract:

Labour lawyers often feel deeply ambivalent about the European Court of Justice. Few can doubt the pivotal role played by the Court in shaping the contours of European Community employment law. The Court has breathed life into the dry language of Treaty provisions and Community legislation in areas such as equal pay and acquired rights, enabling individuals to use the law as a sword against their employer and/or Member State in the national courts. Community law has also, in the hands of the Court, provided a shield for the protection of collective systems of social organisation and distribution against untrammelled market forces. However, for every advance, the Court’s detractors can point to a retreat: the potential of P v S was soon limited in Grant; Schmidt was trumped in Süzen; and BECTU was narrowed down in Bowden. Cases such as Albany International and SchrÃ¶der, initially lauded, have, on closer inspection, left a mixed and uncertain legacy. For all of these reasons – and more – a book that places the work of the Court of Justice at the centre of its examination of Community employment law is both timely and welcome.

APA, Harvard, Vancouver, ISO, and other styles

43

MACHURA, Stefan. "Interaction between lay assessors and professional judges in German mixed courts." Revue internationale de droit pénal 72, no. 1 (2001): 451. http://dx.doi.org/10.3917/ridp.721.0451.

Full text

APA, Harvard, Vancouver, ISO, and other styles

44

Timofeev, Yuriy A. "Approximation of Procedural Rules for Readjudication of Judicial Acts." Arbitrazh-civil procedure 11 (October 29, 2020): 41–43. http://dx.doi.org/10.18572/1812-383x-2020-11-41-43.

Full text

Abstract:

The reforms of the last ten years have largely led to the convergence of the system of reviewing judicial acts in the CPC and the agro-industrial complex. A unified model of mixed appeal was established, the functions of cassation were transferred to monofunctional courts of cassation, an extraordinary revision was concentrated at the level of the Supreme Court of the Russian Federation. This led to the similarity of legal regulation of verification activities, the establishment of the same type of procedural rules of production.

APA, Harvard, Vancouver, ISO, and other styles

45

Varju, Marton, and Flora Fazekas. "The reception of European Union law in Hungary: The Constitutional Court and the Hungarian judiciary." Common Market Law Review 48, Issue 6 (December 1, 2011): 1945–84. http://dx.doi.org/10.54648/cola2011075.

Full text

Abstract:

The reception of European Union law in Hungary has produced mixed results. The Constitutional Court, entangled in a jurisprudence which focuses primarily on the question whether it has competence under national law to address issues of EU law, has refrained from formulating a comprehensive account of the constitutional impact of membership in the European Union. The constitutional limits of membership remain obscure leaving the parameters of constitutional control following the principles of democracy, the rule of law and national sovereignty unspecified. The approach of the Hungarian judiciary, under the coordination of the Supreme Court, has been more ambitious. The basic tenets of the judicial application of European Union law have been secured in the jurisprudence, and Hungarian courts regard themselves equipped to interpret and apply EU law. There are indications, however, that the jurisprudence incorporated the relevant principles without sufficient care for legal detail and without regard to the qualifications and limitations of those principles in EU law. Instances of material misdirection in EU law also shed certain doubts over the performance of Hungarian courts.

APA, Harvard, Vancouver, ISO, and other styles

46

Pihlajamäki, Heikki. "From compurgators to mixed courts : reflections on the historical development of finnish evidence law and court structure." Revue internationale de droit pénal 72, no. 1 (2001): 159. http://dx.doi.org/10.3917/ridp.721.0159.

Full text

APA, Harvard, Vancouver, ISO, and other styles

47

YAP, PO JEN. "Democracy, courts and proportionality analysis in Asia." Global Constitutionalism 9, no. 3 (November 2020): 531–42. http://dx.doi.org/10.1017/s2045381720000179.

Full text

Abstract:

AbstractWhile proportionality analysis (PA) may have originated from Germany, it has not remained a European product. PA has been locally transplanted across Anglophone nations, found in mixed legal systems that are rooted in the common law and even adapted in parts of Latin America and Asia. This article explains why PA is flourishing in parts of Asia – for example, South Korea and Taiwan – and why it is faltering in other countries, such as Singapore and China, where the absence of PA can be attributed to the non-fulfilment of Kant’s first prerequisite for perpetual peace: a republican government (liberal democracy).

APA, Harvard, Vancouver, ISO, and other styles

48

Pienaar, Gerrit. "The Methodology Used to Interpret Customary Land Tenure." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 3 (May 29, 2017): 152. http://dx.doi.org/10.17159/1727-3781/2012/v15i3a2506.

Full text

Abstract:

Customary land tenure is normally not based on codified or statutory sources, but stems from customary traditions and norms. When westernised courts have to interpret and adjudicate these customary traditions and norms, the normal rules of statutory interpretation cannot be followed. The court has to rely on evidence of the traditional values of land use to determine the rules connected to land tenure. Previously courts in many mixed jurisdictions relied on common or civil law legal principles to determine the nature of customary land tenure and lay down the principles to adjudicate customary land disputes among traditional communities, or between traditional and westernised communities in the same jurisdiction. Many examples of such westernised approach can be found in case law of Canada and South Africa. The interpretation of the nature of customary land tenure according to common law or civil law principles has been increasingly rejected by higher courts in South Africa and Canada, e.g. in Alexkor Ltd v The Richtersveld Community 2004 5 SA 469 (CC) and Delgamuukw v British Columbia 1997 3 SCR 1010. This paper explores the methodology the courts should follow to determine what the distinctive nature of customary land tenure is. As customary land tenure is not codified or based on legislation, the court has to rely, in addition to the evidence of indigenous peoples, on the expert evidence of anthropologists and sociologists in determining the nature of aboriginal title (in Canada) and indigenous land tenure (in South Africa). The court must approach the rules of evidence and interpret the evidence with a consciousness of the special nature of aboriginal claims and the evidentiary difficulties in proving a right which originates in times where there were no written records of the practices, customs and traditions engaged in. The court must not undervalue the evidence presented simply because that evidence does not conform precisely with the evidentiary standards that would be applied in, for example, a private law tort case.

APA, Harvard, Vancouver, ISO, and other styles

49

Boots, Denise Paquette, Jennifer Wareham, Kelli Stevens-Martin, and Nina Barbieri. "A Preliminary Evaluation of the Supervision With Immediate Enforcement Probation Program for Adult Gang–Affiliated Offenders in Texas." Criminal Justice and Behavior 45, no. 7 (June 1, 2018): 1047–70. http://dx.doi.org/10.1177/0093854818774386.

Full text

Abstract:

As of 2012, it was estimated that there were more than 30,000 active gangs in the United States with at least 850,000 members. Despite significant challenges that criminal justice agencies and personnel face in treating and supervising gang members, few studies have examined adult gang member outcomes and the effects of community supervision on gang-affiliated offenders. Recent research demonstrates mixed evidence that high-risk offenders have better outcomes in smaller problem-solving courts and programs, which have dual emphasis on rehabilitation and deterrence-based approaches to corrections. This study evaluates the efficacy of the Supervision with Immediate Enforcement (SWIFT) Court Program for young adult gang–affiliated probationers compared with non-SWIFT gang members and high-risk non-gang offenders. Findings indicated SWIFT had a moderate deterrent impact on offending compared with alternative probation sanctions. Results and discussion related to problem-solving courts and policy-related issues surrounding gang-affiliated and youthful violent offenders are offered.

APA, Harvard, Vancouver, ISO, and other styles

50

Silbey, Susan S. "The Courts in American Public Culture." Daedalus 143, no. 3 (July 2014): 140–56. http://dx.doi.org/10.1162/daed_a_00295.

Full text

Abstract:

In American public imagination, courts are powerful but also impotent. They are guardians of citizens' rights but also agents of corporate wealth; simultaneously the least dangerous branch and the ultimate arbiters of fairness and justice. After recounting the social science literature on the mixed reception of courts in American public culture, this essay explains how the contradictory embrace of courts and law by Americans is not a weakness or flaw, nor a mark of confusion or naïveté. Rather, Americans' paradoxical interpretations of courts and judges sustain rather than undermine our legal institutions. These opposing accounts are a source of institutional durability and power because they combine the historical and widespread aspirations for the rule of law with a pragmatic recognition of the limits of institutional practice; these sundry accounts balance an appreciation for the discipline of legal reasoning with desires for responsive, humane judgment.

APA, Harvard, Vancouver, ISO, and other styles

We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!