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Liang, Zheni. "Research on Procuratorial Organs Bringing Environmental Public Interest Litigation". Asian Social Science 15, n. 4 (29 marzo 2019): 108. http://dx.doi.org/10.5539/ass.v15n4p108.
Abstract (sommario):
The procuratorial organ is a state supervisory authority and has the power of legal supervision. Giving the procuratorial organs the qualifications for public interest litigation not only has a theoretical basis but also a realistic basis, which helps to solve the problem of difficult evidence collection and high litigation costs in environmental public interest litigation. In the civil environmental public interest litigation, the procuratorate has the dual status of the plaintiff and the legal supervisor, and will not naturally conflict with each other. However, due to the special nature of environmental problems, the relevant administrative departments should be given priority to the environmental problems discovered by the procuratorial organs. Only when the environmental protection supervision departments are exercising their powers, should the procuratorial organs initiate environmental public interest litigation. For civil environmental public interest litigations that have been criminally sentenced or are in the process of criminal prosecution, the procuratorate can make full use of the evidence that has been obtained and identified.
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Gustavo, H. Marin, Marin Lupe, Agüero Daniel, Marin Gina, Pagnotta Mariana e Blanco Luis. "Litigation for Health Technology Accessibility: A Tool for Inequality? Reflections Based on Case Study Analysis". Journal of Clinical Cases & Reports 3, S3 (30 ottobre 2020): 14–19. http://dx.doi.org/10.46619/joccr.2020.3.s3-1004.
Abstract (sommario):
INTRODUCTION The objective of this work is to analyze the characteristics of litigation for access to health’s goods and services in the Social Health Insurance (SHI) of Buenos Aires, Argentina. METHOD Descriptive study with analytical stage, performed in SHI, analyzing litigation done by beneficiaries along 15-years period to obtain goods or service from health managers. Variables explored were: Reason for litigation, delay time in case resolution, final result of judicial sentence, judges, lawyers and intervening professionals, income level of beneficiaries who started the litigation. RESULT 825 cases were analyzed during the study period according the method described. Demands increased 29.2 ±% per year. Medicines were the goods that most requested legal protection resources (32.5%). 51.9% of these litigations were due to medicines that have less than 24 months of registration by the National Regulatory Agency. The average delay for the final resolution of the procedure was 3.7 months. Judge's sentence was favorable to the beneficiaries in 97.4%. Although there are 27 judicial departments and many courts in each one; cases were concentrated in 47.4% only 2 very few courts. Litigation cases promoted by 112 out of the 15000 doctors that provides services to the SHI. In 73.7% of the cases, beneficiaries that litigated had a salary that exceed 4 times the minimum wage, and only 3.2% of them had low income. CONCLUSION We show how legal appeals might be working as an inverse strategy to the one desired, transferring collective resources belonging to the entire population, towards an specific demand from the most economically wealthy sector of society. As long as access to health care litigation maintains its current individualistic pattern, it will hardly be able to develop its full potential to guarantee effective respect for the collective right to access to goods that beneficiary the whole community.
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McVige, Jennifer, Dilpreet Kaur, Michael Lillis, Brianna Albert e Kabir Jalal. "Concussion and Court: The Role Litigation Plays in Time to Recovery". Neurology 93, n. 14 Supplement 1 (30 settembre 2019): S17.1—S17. http://dx.doi.org/10.1212/01.wnl.0000580988.68918.bf.
Abstract (sommario):
ObjectiveTo evaluate whether there is a difference in time to recovery (TTR) between concussion patients who have and have not pursued litigation post injury, and determine what factors might influence someone’s decision to litigate.BackgroundAn investigation on how litigation influenced TTR in all types of recovery.Design/MethodsA retrospective study of 851 adult and pediatric patients, ages 1–78 (333men and 518 women) in a concussion clinic. Injuries included, motor vehicle accidents MVA (n = 181), falls (n = 140), assaults (n = 36), sporting injuries (n = 378) and other (n = 116). Full and matched samples were studied by symptom endorsement, (headache, dizziness, sleep disturbance, attention/concentration dysfunction and moodiness), litigation/non-litigation and TTR (survival-curve). Secondary analysis reviewed abuse/depression, mechanism-of-injury and symptom type as it related to litigation/non-litigation.Results1) The odds ratio (OR) in the logistic regression model for the unmatched sample shows increasing age, fewer total symptoms (<3 symptoms vs. ≥3), history of abuse/depression, and mechanism-of-injury as significant predictors of litigation status. MVA, compared to sports/other injuries, showed the greatest rates of litigation (OR = 98.121). Higher total symptoms showed increased litigation (OR = 0.238), where abuse/depression patients are less likely to pursue litigation (OR = 0.063/OR = 0.214). 2) A survival analysis of unmatched patients suggested that patients engaging in litigation have a longer TTR (Litigation TTR M = 293 days vs. non-litigation TTR M = 130 days). However, a matched analysis, which grouped patients by age, #of symptoms, abuse/depression history, and mechanism-of-injury, showed no significant difference in survival time between patients based on litigation status. (Litigation TTR M = 269 days vs. non-litigation TTR M = 223 days).ConclusionsWhile litigation patients are often stereotyped to malinger and exaggerate symptoms, this data showed that with appropriate matched analysis, there was no difference between litigation/non-litigation patients with TTR. The desire to pursue litigation may be influenced by several factors; athletes were less likely to litigate. These findings are important for physicians and attorneys to consider when tasked with focusing on recovery time in litigation cases.
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Ostafiichuk, L. A. "COMPLETE RECORDING OF COURT BY TECHNICAL MEANS: LEGAL REGULATION, CONTENT AND FUNCTIONS". Actual problems of native jurisprudence 4, n. 4 (agosto 2021): 104–13. http://dx.doi.org/10.15421/392189.
Abstract (sommario):
The article is devoted to the study of the principle of full fixation of the trial by technical means in the procedural legislation of Ukraine using an interdisciplinary approach. It was found that with the exception of the Code of Ukraine on Administrative Offenses, all current procedural codes of Ukraine contain provisions which establishes the obligation of means using the full recording of the trial court including those of the product of the recording – record the court hearing made by technical means. In the commercial, administrative and civil proceedings kinds trial recording can take place not only in court but also outside the court session, the Criminal Procedure Code of Ukraine stipulates that full recording of court hearings and procedural actions with the help of audio and video recording equipment is provided not only during the trial, but also in the cases provided for by this Code during the pre-trial investigation. As a result it is justified that the concept of “litigation” is much broader than the concept of “court hearing” and in the context of the constitutional principle of justice – “completeness of fixation by technical means” – to correctly use the concept of “litigation” and not “court hearing or proceedings”. With international experience analysis of the interaction principles of transparency, openness and publicity of the principle of full trial recording by technical means. It is proved that the consolidation at the level of the Constitution of Ukraine and the procedural legislation of Ukraine of the obligatory recording by technical means of the course of the court session is a necessary addition to the principle of publicity. In order to ensure the openness of the content of the court hearing to the participants of the relevant process and the general public. It is determined that further digitalization of court activities and litigation will lead to a new reading of the traditional principles of litigation. It is substantiated that the completeness of recording the trial by technical means should be ensured by all available means to fully reflect information about events that are recorded to ensure awareness of information that is important for assessment not only by the court in making court decisions but also participants and the public. It is determined that the functions of full recording of the trial by technical means are: fixing, information, technical and modernization, educational, preventive and procedural economy.
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Fattaah, Abdul. "Mediasi dalam Perspektif Teori Penegakan Hukum Goldstein". WELFARE STATE Jurnal Hukum 2, n. 1 (29 aprile 2023): 1–18. http://dx.doi.org/10.56013/welfarestate.v2i1.2061.
Abstract (sommario):
Law enforcement is basically divided into two types, litigation and non-litigation. Law enforcement by means of litigation is defined as law enforcement within the court mechanism, while for non-litigation it is considered as law enforcement outside the court. Currently, there is a shift in perspective from the public who are starting to resolve their legal issues in a non-litigation way, namely mediation. Goldstein's Law Enforcement Theory offers three types of law enforcement. The question then is what is meant by Goldstein's Law Enforcement Theory and mediation seen from the perspective of Goldstein's Law Enforcement Theory. This paper is of a juridical-normative type which uses a literature approach in its preparation. The conclusion is that Goldstein's Law Enforcement Theory divides law enforcement into three types:Total enforcement; Full enforcement; Actual enforcement. Furthermore, mediation will not eliminate the essence of law enforcement, it's just that in mediation, it must be limited what actions can be resolved by mediation in order to maintain public order
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Schlanger, Margo. "The Civil Rights Litigation Clearinghouse: Origins and Goals". KULA: Knowledge Creation, Dissemination, and Preservation Studies 2 (29 novembre 2018): 16. http://dx.doi.org/10.5334/kula.40.
Abstract (sommario):
The Civil Rights Litigation Clearinghouse (http://clearinghouse.net) solves a significant information deficit related to civil rights litigation by posting information about thousands of ongoing and closed large-scale civil rights cases. Documents are OCR’d and searchable; cases are searchable by metadata tags as well as full-text searching. Each case has a litigation summary by a law student. We live in a civil rights era—a time when people are using the courts, among other strategies, to fight for civil rights. The Clearinghouse posts the records of those fights, the stories of civil rights cases—across topics, across regions, across organizations—and makes them searchable, usable, and available to everybody.
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Lee, Chan Yang. "Full digitization of litigation records and blockchain among next-generation electronic litigation - From the point of view of privacy -". Northeast Asian law journal 16, n. 2 (31 luglio 2022): 185–217. http://dx.doi.org/10.19035/nal.2022.16.2.8.
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Jang, Hwijin. "Administrative litigation system and structure in the Russian Federation". Korean Administrative Law Association 24 (30 marzo 2023): 263–311. http://dx.doi.org/10.59826/kdps.2023.24.263.
Abstract (sommario):
This paper provides a comprehensive analysis of Russian administrative litigation, incorporating legislation, case law, and academic scholarship, in order to introduce the system and structure of administrative litigation in the Russian Federation. Indeed, the structure of legal relationships in Russian administrative law is completely different from that in South Korea's administrative law, so there are many aspects that can be compared between Russian administrative litigation law and South Korea's administrative litigation law. Moreover, since administrative litigation law in all countries is based on administrative law, the administrative litigation law in the Russian Federation introduced in this paper can also be compared with South Korea's administrative litigation law.
Currently, the Russian administrative litigation system consists of administrative proceedings and administrative lawsuits. The administrative proceedings system has evolved based on the administrative proceedings system in the Soviet Union, while the administrative lawsuits system has been established in a completely different form from the administrative lawsuits system in the Soviet era. After the collapse of the Soviet Union, the Russian administrative litigation system treated administrative lawsuits as a special type of civil or commercial litigation, while categorizing administrative proceedings as a separate remedy under administrative law. However, with the enactment and implementation of the Administrative Lawsuit Law in 2015, administrative lawsuits were separated from civil and commercial lawsuits and established as an independent litigation system, establishing its own type of lawsuit, alongside the types of lawsuits enumerated in the Russian Constitution (constitutional lawsuits, civil lawsuits, criminal lawsuits, commercial lawsuits, and administrative lawsuits).
Administrative litigation in the Russian Federation refers to the administrative remedy under administrative law, which is carried out by the administrative adjudication committee established by law for administrative agencies or individual administrative systems. One characteristic of Russian administrative litigation is that the appellate body that can cancel or invalidate administrative decisions is the administrative adjudication committee of the superior agency or individual administrative system established by law, and the administrative agency cannot review its own administrative decision. In the case of administrative litigation, it is a full trial based on a lawsuit by the parties involved. The type of administrative litigation is distinguished based on whether the dispute has economic value and whether the administrative action is illegal. In the former case, it is classified into general administrative litigation and administrative commercial litigation, based on the existence of economic value in the administrative dispute. In the latter case, it is classified as administrative violation litigation based on whether there is illegality in the administrative action that imposes legal sanctions for the administrative punishment of illegal administrative acts by administrative authorities. Therefore, the types of administrative litigation in the Russian Federation are composed of 1) general administrative litigation for disputes between administrative entities regarding rights and obligations under administrative law, 2) administrative commercial litigation for disputes regarding economic rights and obligations under administrative law, and 3) administrative violation litigation for administrative punishment of illegal administrative acts by administrative authorities as a lawsuit material.
The characteristics of Russia's administrative litigation system are as follows. First, in administrative adjudication, administrative agencies are bound by their own administrative decisions and cannot review them on their own.
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Roma, Paolo, Federica Ricci, Georgios D. Kotzalidis, Luigi Abbate, Anna Lubrano Lavadera, Giorgia Versace, Floriana Pazzelli, Marisa Malagoli Togliatti, Paolo Girardi e Stefano Ferracuti. "MMPI-2 in Child Custody Litigation". European Journal of Psychological Assessment 30, n. 2 (1 gennaio 2014): 110–16. http://dx.doi.org/10.1027/1015-5759/a000192.
Abstract (sommario):
In recent years, several studies have addressed the issue of positive self-presentation bias in assessing parents involved in postdivorce child custody litigations. The Minnesota Multiphasic Personality Inventory-2 (MMPI-2) is widely used in forensic assessments and is able to evaluate positive self-presentation through its Superlative Self-Presentation S scale. We investigated the existence of a gender effect on positive self-presentation bias in an Italian sample of parents involved in court evaluation. Participants were 391 divorced parents who completed the full 567-item Minnesota Multiphasic Personality Inventory-2 during child custody evaluations ordered by several Italian courts between 2006 and 2010. Our analysis considered the S scale along with the basic clinical scales. North-American studies had shown no gender differences in child custody litigations. Differently, our results showed a significantly higher tendency toward “faking-good” profiles on the MMPI-2 among Italian women as compared to men and as compared to the normative Italian female population. Cultural and social factors could account for these differences.
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BAĞRIAÇIK, Ahmet, e M. Ayhan TEKİNSOY. "THE TIME OF LITIGATION IN ADMINISTRATIVE JURISDICTION SPECIFIC TO FULL REMEDY ACTION". Ankara Hacı Bayram Veli Üniversitesi Hukuk Fakültesi Dergisi 26, n. 3 (31 luglio 2022): 0. http://dx.doi.org/10.34246/ahbvuhfd.1118906.
Abstract (sommario):
Genel olarak dava açma süresi, doktrinde defalarca incelenmiş konuların başında olmasına rağmen tam yargı davası özelinde dava açma süresiyle ilgili tartışmalar, bu kurumun anlamının, öneminin, hukuksal niteliğinin, etki ve sonuçlarının ne olduğunun açıklığa kavuşmamış olmasından kaynaklanmamaktadır. Problemin sebebi, dava açma süresinin idari yargıya anlamını veren ve özellik gösteren iptal davası özelinde düşünülmesidir. Ayrıca idari yargıda dava açma süreleri kısadır. Dava açma süresinin uzun olmasının, mahkemelerin iş yükünü artıracağı, sürekli dava tehdidinin idarenin istikrarını bozacağı ileri sürülen klasik endişelerdendir. Diğer taraftan idari yargıda sürenin kamu düzenine ilişkin olduğu kabul edilmektedir. Bunun bir sonucu olarak dava açma süresi hak düşürücü niteliktedir ve davanın her aşamasında kontrol edilmesi gerekir. Bu yaklaşım tam yargı davası söz konusu olduğunda birçok yönden sorunludur. Tam yargı davası sübjektif niteliği ağır basan bir dava türüdür. Dolayısıyla tam yargı davası özel hukuktaki eda davalarına benzemektedir. Çalışmada idari yargıda dava açma süresinin niteliği ve sonuçları tam yargı davası özelinde ele alınmıştır. Tam yargı davasının iptal davasından uzaklaşan ve özel hukuktaki tazminat davasına yaklaşan niteliği esas alınarak, dava açma süresi üzerinde var olması gereken sonuçlarına dikkat çekilmiştir. Ayrıca idari yargıda dava açma süresinin kısa olmasına gerekçe olarak öne sürülen hususların tam yargı davası için neden geçerli olamayacağı gerekçeleriyle ifade edilmiştir.
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Polinsky, A. Mitchell, e Steven Shavell. "Subrogation and the Theory of Insurance When Suits Can Be Brought for Losses Suffered". Journal of Law, Economics, and Organization 34, n. 4 (21 settembre 2018): 619–49. http://dx.doi.org/10.1093/jleo/ewy008.
Abstract (sommario):
Abstract The theory of insurance is considered here when an insured individual may be able to sue another party for the losses that the insured suffered—and thus when an insured has a potential source of compensation in addition to insurance coverage. Insurance policies reflect this possibility through so-called subrogation provisions that give insurers the right to step into the shoes of insureds and to bring suits against injurers. In a basic case, the optimal subrogation provisions involve full retention by the insurer of the proceeds from a successful suit and the pursuit of all positive expected value suits. This eliminates litigation risks for insureds and results in lower premiums—financed by the litigation income of insurers, including from suits that insureds would not otherwise have brought. Moreover, optimal subrogation provisions are characterized in the presence of moral hazard, administrative costs, and non-monetary losses, and it is demonstrated that optimal provisions entail sharing litigation proceeds with insureds in the first two cases but not when losses are non-monetary. (JEL G22, K13, K41)
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Chaisse, Julien, e Xu Qian. "Conservative Innovation: The Ambiguities of the China International Commercial Court". AJIL Unbound 115 (2021): 17–21. http://dx.doi.org/10.1017/aju.2020.81.
Abstract (sommario):
In the global development of new international commercial dispute resolution centers, the China International Commercial Court (CICC) represents a genuine innovation in China's legal history. The CICC aims to become a dispute resolution “one stop shop” (combining litigation, arbitration, and mediation) for Belt and Road Initiative (BRI) related disputes. Despite its name and ambition, however, the CICC operates more like a domestic court. The CICC's stringent jurisdictional requirements and conservative institutional design show that the CICC cannot serve its stated objective of attracting new investment opportunities or foreign parties to the Chinese forum. These defects are not fatal but will have to be addressed for the CICC to reach its full potential of hybridization of litigation and arbitration both in and beyond China.
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Solvang, Ole. "Chechnya and the European Court of Human Rights: The merits of Strategic Litigation". Security and Human Rights 19, n. 3 (2008): 208–19. http://dx.doi.org/10.1163/187502308785851859.
Abstract (sommario):
AbstractIn May 1998, eighteen months before the start of the second war in Chechnya, Russia ratified the European Convention on Human Rights, thereby granting the European Court of Human Rights (ECHR) jurisdiction to hear complaints against the Russian authorities from Russian citizens. When the second war in Chechnya started in December 1999, therefore, human rights organizations had access to a new potentially powerful tool with which to fight human rights abuses in Chechnya: the European Court of Human Rights. Several litigation projects emerged and hundreds of complaints have been filed from Chechnya. Ten years after the ratification of the European Convention on Human Rights, the record shows that bringing cases to the ECHR has produced concrete positive results, but that the full potential of ECHR litigation is still to be realized.
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Jin, Fengliang. "On the environmental civil public interest litigation system for the protection of the climate in China: Comments on two cases from a pragmatism perspective". Journal of World Energy Law & Business 14, n. 1 (20 febbraio 2021): 17–24. http://dx.doi.org/10.1093/jwelb/jwab006.
Abstract (sommario):
Abstract This article examines and analyses the environmental civil public interest litigation system in the protection of climate change in China through two cases, the All-China Environment Protection Federation v Zhenhua Co, Ltd for air pollution and Friends of Nature v State Grid Gansu Electric Power Corporation for full-purchase of all on-grid power produced by renewable energy.
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Nasrudin, N. "UPAYA PENYELESAIAN SENGKETA PADA SEKTOR BISNIS PARIWISATA DI TENGAH PANDEMI COVID 19". ADLIYA: Jurnal Hukum dan Kemanusiaan 14, n. 1 (13 luglio 2020): 81–100. http://dx.doi.org/10.15575/adliya.v14i1.8564.
Abstract (sommario):
Tourism is one of the new style industries, which is able to provide rapid economic growth in terms of employment opportunities, income, standard of living and in activating other production sectors in tourist-receiving countries. While business is an activity to make a profit. In running a business, sometimes there are disputes between business actors and other business actors. Sometimes disputes that occur are due to a party defaulting and the other party feels disadvantaged. Broadly speaking, in Indonesia there are two pathways to resolve disputes namely litigation and non-litigation. The Litigation Path is a settlement effort made in the Court, while the non-litigation path is the settlement effort that is carried out outside the court. This study uses a type of library research, then this study uses a normative qualitative approach. The results of this study conclude that business disputes can occur at any time without exception when the outbreak of Covid 19. For example, the tourism business sector whose turnover has now declined dramatically because there are government regulations that require at home and not traveling. The decline in the turnover of the tourism business sector has made companies negligent, such as not paying full salaries to employees and being late in paying taxes. Such events can lead to disputes between companies and individuals. One of the efforts taken in resolving this dispute was mediation, while the mediation used was electronic mediation considering that the Covid 19 pandemic is not yet over.
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Han, Ziqiang, e Hao Gong. "STUDY ON CIVIL LITIGATION PSYCHOLOGY AND LEGAL IDENTITY FROM THE PERSPECTIVE OF EMOTIONAL BEHAVIOR REGULATION". International Journal of Neuropsychopharmacology 25, Supplement_1 (1 luglio 2022): A109—A110. http://dx.doi.org/10.1093/ijnp/pyac032.147.
Abstract (sommario):
Abstract Background With the expansion of social communication, people's behavior has been given greater social significance. The behavior choices of strangers are directly controlled by their own psychology. Therefore, it is necessary to analyze people's external behavior from a psychological perspective. With the popularization of this technology, its application field is more and more widely used in civil litigation in addition to crime detection. Followed by the debate about whether the psychological test conclusion can be used as evidence in civil litigation. Since the 19th century, the development of social psychology has provided a feasible research path for exploring the relationship between people's behavior and psychology. The research of social psychology shows that psychology is composed of the subject's cognition, motivation, purpose, emotion, attitude and other elements. These psychological elements have different structures and functions. They will participate in the process of psychological integration according to their unique regulations, exist and play a role under the unified control of the brain, and then affect the behavior of the subject. Of course, civil litigation activities with high sociality are no exception. The psychology of the parties has a strong dominant role in their litigation behavior. Positive litigation psychology is conducive to the settlement of civil disputes, while negative litigation psychology will also cause great obstacles to litigation activities. Therefore, whether judges or lawyers, only by deeply studying the litigation psychology of civil litigation parties, correctly grasping and using the litigation psychology of civil litigation parties, can we correctly apply the law and smoothly solve disputes. The research on the litigation psychology of the parties in civil litigation is a new research field. It is between procedural law and psychology and belongs to an important branch of social psychology. This study is mainly to analyze and explore the impact of the parties' litigation psychology on their litigation behavior, and how to use the relevant theories and knowledge of psychology in litigation activities to more effectively “stop litigation and disputes” through litigation activities to achieve the purpose of social harmony. Subjects and Methods Firstly, this paper expounds the application of psychological test in extraterritorial litigation. This paper points out that countries that accept psychological test conclusions as evidence in legislation still have disputes over the use of psychological test conclusions as evidence. The results of this study show that the development of psychological testing technology makes the conclusion of psychological testing can be connected with scientific and technological evidence from many aspects, and reliability is the premise of the admissibility of scientific and technological evidence. Its evidential effect is not only given by legislation, but also given by the psychological test agreement between the prosecution and the defense or both parties. There are a series of procedural provisions and reinforcement measures. Countries that do not accept psychological tests in legislation are mainly considered from the perspective of protecting the parties' “personal spiritual freedom” and “personality rights”. Secondly, this paper expounds the application of psychological test conclusions in China's judicial practice, and points out that although different places have different attitudes towards psychological test conclusions. Generally speaking, the application of psychological test is becoming more and more common, and its role can not be ignored. Then this paper expounds the principle and influencing factors of psychological test. This paper introduces the development of psychological testing and emphasizes the basic role of psychology in the introduction of the principle of psychological testing. This paper makes it clear that psychological testing must first comply with the laws of psychology. The essence of psychological test results is the level of emotional response reflected by physiological indicators. The object of psychological test is psychological trace, not a single index of attention, cognition, tension, reflection and so on. The psychological test conclusion is the subjective opinion made by the tester on the basis of the psychological test results, combined with the test process and the explicit performance of the tested person. Finally, it summarizes the influencing factors of psychological test, and emphasizes that the tester's factor is the first. Psychological test conclusion has the characteristics of expert conclusion and the “three properties” of evidence, so it has the ability of evidence. The test can only be used as indirect evidence, but its effectiveness can only be pointed out as indirect evidence. Results Compared with other social psychology research, the litigant's litigation psychology needs not only rich psychological knowledge, but also legal knowledge related to litigation, and these two disciplines are more professional. At present, China is building a society ruled by law and a harmonious society. Therefore, the analysis and Research on this problem is of great significance both in theory and in reality. Secondly, from the perspective of the litigation status, litigation process and litigation attitude of the parties, the litigation psychology of the parties in civil litigation is divided into different types, and their respective characteristics are analyzed. Third, it analyzes the reasons for the formation of the litigation psychology of the parties in civil litigation from two aspects: external reasons and internal reasons. The two kinds of factors interact and influence each other, which together constitute the inducing motivation of the litigation psychology of the parties. Fourth, through functional analysis, value analysis, system analysis and application analysis, this paper expounds the important role of the parties' litigation psychology in civil litigation activities. Finally, according to the results of the previous analysis and research, this paper puts forward the method of making full and appropriate use of psychological methods in civil litigation. The experimental results show that this method can correctly solve civil disputes and completely resolve the contradictions that are easy to intensify. This is of great significance for building a society ruled by law and realizing social harmony. Conclusion At present, the gap in law and the disorder of the market make the psychological test technology in a chaotic situation in the process of popularization and use. It is difficult to characterize the psychological test conclusion as evidence in a short time in law. However, psychological testing itself is scientific. The correct and careful use of this technology is indeed beneficial to solve some difficult civil disputes.
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Boulton, Thomas Jason, e Terry D. Nixon. "The litigation of tax benefit preservation plans". Managerial Finance 43, n. 1 (9 gennaio 2017): 76–94. http://dx.doi.org/10.1108/mf-12-2015-0322.
Abstract (sommario):
Purpose The authors study the shareholder wealth effects of the adoption and subsequent litigation confirming the validity of shareholder right plans that are enacted to protect a firm’s net operating loss (NOL) carry forwards (tax benefit preservation plans (TBPPs)). The purpose of this paper is to expand the understanding of nontraditional shareholder rights plans, which are becoming increasingly more common. Design/methodology/approach This paper considers abnormal returns around TBPP adoptions and Delaware Court rulings that validated their use. The authors study 118 plans adopted between 1998 and 2011. Abnormal returns are measured using both a market model and a performance-matched sample. Findings The authors find that abnormal returns are negative at the announcement of a new TBPP. However, the full impact of plan adoption on share prices is not evident until the Delaware Courts validated their use. The Delaware Court rulings in the case of Selectica, Inc. v. Versata Enterprises, Inc. and Trilogy, Inc. are associated with additional negative wealth effects for both prior plan adopters and the firms most likely to consider adopting a plan. These results suggest that entrenchment concerns tend to outweigh the protection of NOL carry forwards when firms adopt TBPPs. Originality/value This study was the first to consider the adoption of TBPPs. Currently, it is the only study that considers Delaware Court rulings related to these plans, which allows us to successfully disentangle the entrenchment hypothesis from the potential alternative hypothesis that the negative announcement period returns are driven by investors updating their expectations for firm performance.
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현, 낙희. "미국의 약식판결제도에 관한 연구". Korea Association of the Law of Civil Procedure 27, n. 1 (28 febbraio 2023): 235–85. http://dx.doi.org/10.30639/cp.2023.2.27.1.235.
Abstract (sommario):
The right to speedy trial in civil litigation is a fundamental right stipulated in the Article 27 Section 3 of the Constitution of Korea. In this respect, the Article 199 of the Korean Civil Procedure Code prescribes that in each instance, judgment shall be rendered within 5 month from its commencement. Yet, Article 199 has long been regard as a directory provision, and especially during the recent years delay in civil cases has become a serious problem. Since 2017, the median time from filing to disposition has increased every year, and what is worse is that the number of prolonged cases pending over 2 years has grown sharply. On the other hand, judges suffer from overwork, and judicial resource is limited. The only way to overcome this difficult situation is by changing the civil litigation system. In order to find a solution to the current problem, this article examines the summary judgment system in the United States. It has several implications for the Korean civil litigation system in terms of more speedy and efficient trial. Summary judgment not only works as a device to avoid frivolous and unnecessary litigation but also functions as a great case management tool which assists the judge in performing her modern role in the administration of justice. It also facilitates settlement even when the motion for summary judgment is denied. This article argues that a similar procedure which enables a speedy and efficient adjudication without a full trial should be adopted in the Korean Civil Procedure Code.
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Han, Choongsoo. "Generalization of Electronic Litigation and the Future of Evidence Law". Korea Association of the Law of Civil Procedure 28, n. 1 (28 febbraio 2024): 125–64. http://dx.doi.org/10.30639/cp.2024.2.28.1.125.
Abstract (sommario):
The introduction of a new system through the enactment of a special law is very likely to cause conflict with the existing civil procedure law order. It is questionable whether phrases such as reading, listening, and viewing stipulated in the Korean Code of the Use Of Electronic Documents In Civil Litigations(hereafter KCUED) are still only adding to confusion. Moreover, the hierarchy between law and rules is broken down, so a reversal phenomenon in which rules determine the content of law is not uncommon. I think it is necessary to converge the KCUED to the KCCP. Furthermore, it will be necessary to take this opportunity to extract from each rule the content that should be stipulated in the KCCP. Meanwhile, efforts since 2015 to improve factual review are also considered to be an extremely necessary discussion. To this end, discussion on introducing the U.S. discovery procedure is also considered timely. However, it is a well-known fact from experience that better procedural norms require higher costs and more manpower. Ultimately, additional reinforcement and efforts of judges are required, but our reality is suffering from a shortage of judges. If so, I think it is necessary to take this opportunity to introduce diversity in the judicial system and make full use of trial researchers, who can be somewhat easily expanded, to alleviate the shortage of manpower in the courts. I hope that we will make efforts to co-exist, both for the law school and for the courts to gain strength. Lastly, while generalizing the electronic litigation platform and further promoting the next generation of electronic litigation with AI, we cannot create a civil court stained with dirty hands. Therefore, even in civil trial procedures, there must be a certain level of convergence while accompanying the criminal procedure law, which has a history of limiting the admissibility of evidence methods. It is not possible to create a civil trial court with clean hands overnight, but if we do not start now, we will have no choice but to throw dice on whose words we should believe amidst a flood of corrupted and distorted evidence methods.
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Cornell, Robert M., Anne M. Magro e Rick C. Warne. "Understanding investors’ propensity to litigate". Journal of Applied Accounting Research 18, n. 3 (11 settembre 2017): 317–40. http://dx.doi.org/10.1108/jaar-04-2016-0036.
Abstract (sommario):
Purpose The purpose of this paper is to examine investors’ propensity to litigate when harmful events occur subsequent to accounting choices. Consistent with Culpable Control Theory, the authors find that investors are more likely to pursue litigation against management when managers are perceived to have more financial reporting flexibility, such as when they apply imprecise, principles-based accounting guidance. Investors are more likely to pursue litigation when they find management more responsible for harmful events, and they find management more responsible for those events when they perceive management to have more reporting flexibility. To provide additional insight, the authors investigate how the relationship between reporting flexibility and assessed manager responsibility is mediated by investors’ perceptions of management’s self-interested behavior. The authors consider monetary and non-monetary motivations for litigation against management such as recouping financial losses and punishing management. The results suggest that recouping financial losses is not the sole motivation for litigation. The authors provide evidence that punishing management is an important non-monetary component of the litigation decision. The results contribute to the limited literature on investor litigation decisions and inform the debate surrounding the potential effects of more principles-based accounting standards. Design/methodology/approach The authors test the hypotheses using an experiment with a 2×1 between-subjects design in which the authors manipulate reporting flexibility at two levels by varying the precision of accounting guidance and measure all other variables of interest. Participants are 82 part-time executive MBA program students at a major public university in the USA. Most participants work full-time (94 percent), own or have owned stocks either directly or through retirement plans (84 percent), indicate general investment knowledge (97 percent), and report high levels of familiarity with corporate financial statements, including balance sheets and income statements (92 percent). Thus, the authors conclude that these executive MBA students are reasonable surrogates for investors. Findings Consistent with the predictions, perceived management reporting flexibility affects investors’ propensity to pursue litigation against management. The authors find that the assignment of responsibility to management for harmful events such as investor losses, employee job losses, and economic losses suffered by a community mediates the relationship between reporting flexibility and investors’ intention to litigate. The authors also find that the relationship between reporting flexibility and assignment of responsibility to management for harmful events is not direct but instead works through the effect of reporting flexibility on perceived management self-interested behavior. As predicted, assessed management responsibility for the harmful event is positively related to investors’ propensity to litigate against management, and this relation is only partially mediated by investors’ perceptions that the litigation will be successful. This result suggests that the litigation decision is driven at least in part by corporate governance goals such as the desire for retribution or punishment of management. The second experiment provides additional support for the theory that the desire to punish management is an important component of investors’ litigation decisions. Research limitations/implications The research makes important contributions to the literature on investor litigation and to the ongoing debate regarding principles- vs rules-based accounting standards. While some archival research addresses the conditions under which securities litigation occurs, little empirical research has directly addressed the investor decision to litigate. The paper provides additional evidence to address the question of why investors litigate. By doing so, the authors add to the debate on the desirability of shifting from more rules-based to more principles-based accounting standards. Practical implications The theory tested in this study could be used to design mechanisms to mitigate the differential propensity for investors to litigate under differing accounting regimes. As standard setters discuss a move to more principles-based standards in the USA, some observers have expressed concern that investor litigation will increase. The theory suggests that if the standard-setting body can control perceptions of management reporting flexibility such that investors believe principles-based standards provide no more flexibility than rules-based standards, they can limit an increase in the amount of investor litigation. Originality/value The authors contribute to theory by providing evidence regarding why investors desire to pursue litigation against management. The authors find that the assignment of responsibility to management for harmful events mediates the relationship between reporting flexibility and investors’ intention to litigate. The authors also find that the relationship between reporting flexibility and assignment of responsibility to management for harmful events is not direct but instead works through the effect of reporting flexibility on perceived management self-interested behavior. Furthermore, assessed management responsibility for the harmful event is positively related to investors’ propensity to litigate against management, and this relation is only partially mediated by investors’ perceptions that the litigation will be successful. Those findings provide theoretical contributions to the literature.
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Delaney, Danielle. "Under Coyote’s Mask: Environmental Law, Indigenous Identity, and #NoDAPL". Michigan Journal of Race & Law, n. 24.2 (2019): 299. http://dx.doi.org/10.36643/mjrl.24.2.under.
Abstract (sommario):
This Article studies the relationship between the three main lawsuits filed by the Standing Rock Sioux Tribe, the Cheyenne River Sioux Tribe, and the Yankton Sioux Tribe against the Dakota Access Pipeline (DaPL) and the mass protests launched from the Sacred Stone and Oceti Sakowin protest camps. The use of environmental law as the primary legal mechanism to challenge the construction of the pipeline distorted the indigenous demand for justice as U.S. federal law is incapable of seeing the full depth of the indigenous worldview supporting their challenge. Indigenous activists constantly re-centered the direct actions and protests within indigenous culture to remind non-indigenous activists and the wider media audience that the protests were an indigenous protest, rather than a purely environmental protest, a distinction that was obscured as the litigation progressed. The NoDAPL protests, the litigation to prevent the completion and later operation of the pipeline, and the social movement that the protests engendered, were an explosive expression of indigenous resistance—resistance to systems that silence and ignore indigenous voices while attempting to extract resources from their lands and communities. As a case study, the protests demonstrate how the use of litigation, while often critical to achieving the goals of political protest, distorts the expression of politics not already recognized within the legal discourse.
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Christman, Ben, e Malcolm Combe. "Funding Civil Justice in Scotland: Full Cost Recovery, at What Cost to Justice?" Edinburgh Law Review 24, n. 1 (gennaio 2020): 49–73. http://dx.doi.org/10.3366/elr.2020.0599.
Abstract (sommario):
In Scotland, there has been an increasing trend for the costs associated with the administration of civil justice to be met by the users of the court system. Such a policy can broadly be referred to as “full cost recovery”. A recent Scottish Government consultation on court fees uncritically continued with this overall approach, but various consultees nevertheless took the opportunity to critique full cost recovery in the context of that consultation and more generally. This article takes up that analysis, in a manner that should also be of interest to non-Scottish readers who may be contending with a similar challenge in another jurisdiction, by critiquing full cost recovery in principle and by offering potential routes by which its implementation might be challenged. It begins by explaining what full cost recovery actually is and investigating its origins, before interrogating some of the assumptions or acquiescence that seems to have developed around the issue and discussing the potential for litigation against court fees in Scotland.
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Nikolenko, L. "Electronic justice as a way to increase the efficiency of judicial proceedings". Uzhhorod National University Herald. Series: Law, n. 71 (25 agosto 2022): 338–41. http://dx.doi.org/10.24144/2307-3322.2022.71.57.
Abstract (sommario):
The article examines the issues of e-justice as a way to increase the efficiency of litigation. The development of the legislation regulating e-justice is analyzed.
It is emphasized that the essence and importance of the use of information technology is due to the transformation of their role in the development of the rule of law, civil society and in the protection of the rights and interests of individuals and legal entities. The processes of obtaining, acquainting and transmitting legal information play a key role in the implementation and realization of their tasks in any branch of law, in the field of proper informational impact on public relations.
Based on the analysis of the use of the automated system in the judicial sphere, it is determined that there is a positive dynamics of efficiency of effective court proceedings, as well as the receipt of current information on the status of court proceedings.
It is emphasized that an important factor in improving the efficiency, openness and transparency of justice is the use of information technology in the judiciary, which simplifies court procedures, shortens the time of court proceedings, procedural deadlines and court costs.
It is noted that e-justice is a new independent, unique form of litigation based on information technology, which provides a full cycle of litigation in electronic format.
Positive and negative features of e-justice implementation are identified.
It is concluded that e-justice in economic litigation consists of many elements that must ensure the judicial process in accordance with established European standards and relevant rules of procedural law. A quality e-justice system will have a positive impact on the transformation of Ukrainian society, especially the interaction of state and judicial bodies, local governments with citizens, legal entities and public organizations.
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Murray, Daragh. "Using Human Rights Law to Inform States' Decisions to Deploy AI". AJIL Unbound 114 (2020): 158–62. http://dx.doi.org/10.1017/aju.2020.30.
Abstract (sommario):
States are investing heavily in artificial intelligence (AI) technology, and are actively incorporating AI tools across the full spectrum of their decision-making processes. However, AI tools are currently deployed without a full understanding of their impact on individuals or society, and in the absence of effective domestic or international regulatory frameworks. Although this haste to deploy is understandable given AI's significant potential, it is unsatisfactory. The inappropriate deployment of AI technologies risks litigation, public backlash, and harm to human rights. In turn, this is likely to delay or frustrate beneficial AI deployments. This essay suggests that human rights law offers a solution. It provides an organizing framework that states should draw on to guide their decisions to deploy AI (or not), and can facilitate the clear and transparent justification of those decisions.
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Caetano, Rosângela, Ione Ayala Gualandi de Oliveira, Lívia Teixeira de Mattos, Patrícia Krauze e Claudia Garcia Serpa Osorio-de-Castro. "Analysis of right-to-health litigation involving high-cost medicines in Brazil: a scoping review protocol". Research, Society and Development 11, n. 15 (26 novembre 2022): e550111537584. http://dx.doi.org/10.33448/rsd-v11i15.37584.
Abstract (sommario):
Many studies investigating right to health litigation involving medicines mention “high-cost medicines”. However, detailed data on the characteristics of legal claims for these drugs and their share in terms of volume and spending in right to health litigation involving medicines is scarce. This paper presents a protocol for a scoping review that seeks to determine the profile of legal claims for high-cost medicines in Brazil and calculate the volume of purchases and amount spent on these drugs as a share of overall volume and spending related to right to health litigation involving medicines. Structured following the PRISMA-P checklist, this protocol describes the stages of the methodological framework for conducting the review. Guided by the PCC mnemonic (Population, Concept and Context), we searched for articles and other academic research reports published from 2000 to the present date using the MEDLINE, Embase, LILACS, Scopus, and Web of Science databases and the Brazilian Digital Library of Theses and Dissertations, respectively. Study selection will be performed in two stages (reading of titles and abstracts and assessment of the full-text version of the articles) by two independent reviewers. Any disagreements will be resolved by a third reviewer. We will perform a qualitative and quantitative analysis of the results, which will be presented in a descriptive format using figures, tables, and diagrams. The final review report will follow the Preferred Reporting Items for Systematic Reviews and Meta-Analysis for Scoping Reviews (PRISMA-ScR) checklist. This protocol is registered with the Open Science Framework (DOI: 10.17605/OSF.IO/8PXUB).
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I Nyoman Kerthia Wahyudi, I Nyoman Putu Budiartha e Ni Made Puspasutari Ujianti. "Perlindungan Hukum terhadap Konsumen Akibat Cacat Produk pada Saat Produksi Ditinjau dari Undang – Undang No. 8 Tahun 1999". Jurnal Interpretasi Hukum 3, n. 1 (2 marzo 2022): 89–94. http://dx.doi.org/10.22225/juinhum.3.1.4644.89-94.
Abstract (sommario):
Lack of supervision and accuracy from the authorized body causes the circulation of defective products to the market. Defective products are products that are not fit for consumption and do not provide safety requirements for consumers. To meet market demand for high-quality products, products are often not looked after properly, as a result, defective products are often encountered. Consumers often do not get full responsibility from businesses regarding traded defective products. Thus, this study aims to discuss legal remedies that can be taken by consumers against defective products and analyze the responsibility of producers as business actors against defective products that harm consumers. Using a normative legal research method with a law approach. Primary and secondary sources of law. Legal materials are collected using an inventory technique with the relevant search and then classified, recorded, cited and summarized. The results of the study indicate that the losses suffered by consumers require consumers to take legal action to guarantee their rights. Legal efforts can be taken through consumer dispute resolution efforts in litigation and non-litigation. Business actors who produce/trade defective products may be subject to UUPK sanctions in the form of civil, criminal and administrative sanctions
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Ma, Yun. "Vindicating environmental public interests in China: A balanced approach to institutional interaction in public interest litigation system". Environmental Law Review 21, n. 4 (dicembre 2019): 269–91. http://dx.doi.org/10.1177/1461452919881342.
Abstract (sommario):
Along with the adoption of environmental public interest litigation (EPIL) in China, the configuration among civil society, administrative, procuratorial and judicial powers is reshaped and transformed. With various actors brought to the public interest ground, the conventional role of governments as a public interest defender through law enforcement activities is distorted. This, on the one hand, spurs and supplements insufficient government enforcement of environmental law, and on the other hand poses the danger of supplanting government enforcement, crowding out statutory responsibilities for governments and eroding their discretion in selecting regulatory tools and administrative procedures. To reach a balance making no power excessively intruding the other and bring PIL’s potential into full play, realignment of their respective roles and functions in the enforcement system is imperative. Government enforcement should be strengthened and given priority in vindicating environmental public interests. Pre-conditions for filing different types of EPIL claims should be established and specified. To develop an internally coordinated EPIL system, the future reforms should be legally underpinned with the order of standing coordinated, concurrent claims screened, connection arrangements established and the usage of incidental litigation promoted.
28
Ma, Yun, e Wenzhen Shi. "Procuratorates at the crossroad: performance, controversies and prospects of procuratorial EPIL in China". Asia Pacific Journal of Environmental Law 25, n. 2 (12 maggio 2023): 179–209. http://dx.doi.org/10.4337/apjel.2022.02.03.
Abstract (sommario):
Procuratorial environmental public interest litigation (EPIL) has shown its vitality in addressing environmental concerns through the channel of PIL and gained momentum in the nation’s agenda-setting. Procuratorial activism is signalled and revealed by mobilizing procuratorates at all levels, activating PIL in all types of litigation, seeking breakthroughs in new fields, and replacing the role of gap-filling with a paramount one in practice. It is noteworthy that the efficacy of procuratorial EPIL may be discounted due to its cherry-picking feature in case screening. Caution should be placed against procuratorial activism, which may risk crowding out NGOs by a turn of policy focus to criminal prosecution with incidental civil EPIL, and intruding administrative discretion by a comparatively low threshold to initiate administrative EPIL and tightened judicial review. Procuratorial EPIL needs to be founded on a rational design of procuratorates’ role in the overall EPIL system by coordinating between the dual roles of EPIL litigants and the constitutionally entrenched role of legal supervisions. Connection mechanisms among different types of PIL should be established to bring each into full play and reach synergy. Legal empowerment and top-down design should be adopted to reduce discrepancies and increase cohesion.
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Liang, Yandan. "Research on "Impeding" in Pre-litigation conduct preservation provision of the Copyright Law". Journal of Education, Humanities and Social Sciences 11 (20 aprile 2023): 36–41. http://dx.doi.org/10.54097/ehss.v11i.7496.
Abstract (sommario):
Article 56 of the current Copyright Law provides for the preservation of pre-litigation acts. Compared with Article 50 of the Copyright Law before the amendment, the main modification lies in the increase of the applicable circumstances of "Impeding the realization of its rights". This amendment extends the scope of application of pre-litigation copyright protection to the acts that impeding copyright owners from realizing their rights. However, the current law, relevant regulations and judicial interpretations do not provide for the meaning of "Impeding", and there is little discussion in the academic community. The vagueness of the term may create difficulties in its application. Therefore, the author analyses the meaning of the term "Impeding", taking into account the content and characteristics of the Civil Code and the Copyright Law. In the author's view, "Impeding the realization of its rights" shall mean that the actor has committed an act that endangers the copyright owner or the relevant right holder's enjoyment of both full ownership and the limited carrier of the copyrighted work. The judicial interpretation or relevant regulations should be made to further explain the provisions of the act of preservation.
30
Lazowski, Adam. "Half full and half empty glass: The application of EU law in Poland (20042010)". Common Market Law Review 48, Issue 2 (1 aprile 2011): 503–53. http://dx.doi.org/10.54648/cola2011021.
Abstract (sommario):
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.
31
Caldeira, Gregory A., e John R. Wright. "Organized Interests and Agenda Setting in the U.S. Supreme Court". American Political Science Review 82, n. 4 (dicembre 1988): 1109–27. http://dx.doi.org/10.2307/1961752.
Abstract (sommario):
Participation as amicus curiae has long been an important tactic of organized interests in litigation before the U.S. Supreme Court. We analyze amicus curiae briefs filed before the decision on certiorari and assess their impact on the Court's selection of a plenary docket. We hypothesize that one or more briefs advocating or opposing certiorari increase the likelihood of its being granted. We test this hypothesis using data from the United States Reports and Briefs and Records of the United States Supreme Court for the 1982 term. The statistical analysis demonstrates that the presence of amicus curiae briefs filed prior to the decision on certiorari significantly and positively increases the chances of the justices' binding of a case over for full treatment—even after we take into account the full array of variables other scholars have hypothesized or shown to be substantial influences on the decision to grant or deny.
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Kopsen, Hugh P. K., e Robyn Carroll. "The Importance of Full and Frank Disclosure in Family Law Financial Proceedings and the Many Consequences of Non-Disclosure". Federal Law Review 45, n. 1 (marzo 2017): 97–125. http://dx.doi.org/10.1177/0067205x1704500105.
Abstract (sommario):
This article examines the duty of full and frank disclosure of parties to family law financial proceedings in Australia, and the potential consequences of failure to comply with this fundamental obligation. The duty is briefly compared and contrasted with disclosure requirements in civil litigation and criminal proceedings to demonstrate the uniqueness of the family law position. The rationale and content of the duty is considered in light of recent cases including the High Court decisions of Stanford v Stanford (2012) 247 CLR 108 and Hall v Hall (2016) 257 CLR 490. The article presents a three-pronged taxonomy of the consequences of non-compliance with the duty, namely evidential, procedural, and final orders/related consequences. We conclude that the absolute nature of the duty and the comprehensive nature of the potential consequences of failure to make full disclosure mean that parties and legal practitioners do so at their peril.
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Ochsman, Robert B., Hope E. Johnson, Celestine Kiss, Michele R. Marut, Jonathan Midgett e Timothy P. Smith. "Human Factors at the U.S. Consumer Product Safety Commission". Proceedings of the Human Factors and Ergonomics Society Annual Meeting 46, n. 6 (settembre 2002): 692–94. http://dx.doi.org/10.1177/154193120204600602.
Abstract (sommario):
The Human Factors Division at the U.S. Consumer Product Safety Commission is an eclectic group, reflecting the multidisciplinary demands typically made upon an HF organization. The objective in these five presentations is to paint a picture of the full spectrum of human factors practiced in this unique government regulatory agency. The participants will each describe their work and illustrate the day-to-day characteristics of their human factors analyses. The range of discussions will address the overlay and integration of professional practice into policy, the regulatory environment, litigation support, and representation of the Agency to the interests of corporate, consumer, trade, and standards organizations.
34
Netolitzky, Donald J., e Richard Warman. "As the Water Grinds the Stone: Comparison of Represented and Self-represented Appellant Populations in the Federal Court of Appeal". Windsor Yearbook of Access to Justice 37, n. 1 (16 maggio 2022): 206–59. http://dx.doi.org/10.22329/wyaj.v37i1.7195.
Abstract (sommario):
This article reports a quantitative and statistically reliable population investigation of 552 Federal Court of Appeal proceedings that were appeals by represented and self-represented appellants who, in 2016 or 2017, appealed decisions of the Federal Court or Tax Court of Canada. Appeals by the Crown, non-Crown represented appellants, and self-represented appellants exhibited markedly different frequencies at which appeals were granted, and patterns for how appeals were terminated. Nearly half of Crown appeals were granted, but less than one in twenty self-represented appellants had any degree of success. While 70% of appeals conducted by lawyers completed the appeal process, less than 40% of self-represented appellant proceedings resulted in a full appeal panel hearing. Incomplete appeals by self-represented appellants usually terminated prior to the appeal record stage, and typically were either abandoned or discontinued. The time required to complete appeals for represented and self-represented appellants is similar. The high observed frequency of problematic litigation records for self-represented appellants supports the hypothesis that a “Distillation Effect” is concentrating abusive litigants in appellate forums.
High resolution investigation of self-represented appellant subgroups revealed differences within the overall self-represented appellant population. Self-represented appellants emerging from the Federal Court and Tax Court of Canada are different populations. The former were much more likely to have an abusive litigation history, while the latter voluntarily discontinued appeals, and were never subject to Federal Court of Appeal vexatious litigant management steps. Self-represented appellant proceedings that terminated prematurely or that were conducted by persons who are subject to court access restrictions had significantly more filed documents and docket records. Litigation management steps did not reduce the Registry and Court workload resulting from self-represented appellants subject to court access restrictions. These observations challenge modelling self-represented litigants as a single population with uniform characteristics.
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Aiyetoro, Adjoa A., e Adrienne D. Davis. "Historic and Modern Social Movements for Reparations: The National Coalition of Blacks for Reparations in America (N’COBRA) And Its Antecedents". Texas Wesleyan Law Review 16, n. 4 (luglio 2010): 687–766. http://dx.doi.org/10.37419/twlr.v16.i4.8.
Abstract (sommario):
Part I of this Article offers an introduction to some of the historical individuals and institutions who were the principal early advocates for Black reparations. While many have contributed to the struggle for racial reparations, the Essay focuses on activists who devoted significant effort to the cause; conceived of their vision in the language of reparations, i.e., recompense for slavery; and organized institutions or movements to implement their vision. Section II then situates these activists within reparations conceived as a social movement. It also teases out of the history some of the tensions and competing visions within the movement-over the legitimacy of U.S. legal institutions; between racial elites and non-elites; and ideological differences over the purposes of reparations, i.e., full citizenship or separate nationhood. Part III supplements this history by introducing the National Coalition of Blacks for Reparations in America (N'COBRA), which was founded in 1987 with the express goal of revitalizing reparations as a grass-roots movement that would simultaneously be attractive to mainstream Blacks. While N'COBRA has been largely overlooked in the legal literature on reparations, a social movements approach foregrounds its contributions to the modern reparations activism. Part IV then presents biographical narratives of seven members of the N'COBRA Reparations Litigation Committee. The Authors interviewed these seven, asking them about the political and personal influences that led them to become reparations activists and to join N'COBRA's Litigation Committee. (The questions we asked the interviewees are included as an Appendix to this Article.) Part V concludes with some thoughts about how incorporating a "social movements" approach to reparations activism and this case study of N'COBRA's Litigation Committee and its members both supplements and challenges the emerging legal history of reparations and, more broadly, the struggle for racial equality and human rights for Black people.
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Shlobin, Nathan A., Mark Sheldon e Sandi Lam. "Informed consent in neurosurgery: a systematic review". Neurosurgical Focus 49, n. 5 (novembre 2020): E6. http://dx.doi.org/10.3171/2020.8.focus20611.
Abstract (sommario):
OBJECTIVEInformed consent has served as a main principle of medical ethics and laws in the United States. The 1986 American Association of Neurological Surgeons Code of Ethics implied medicolegal liability for the failure to obtain informed consent without providing practical guidance regarding the application of informed consent to individual patient encounters in a medicolegal environment. Here, the authors aimed to identify baseline patient recall after discussions with neurosurgeons and their capacity to provide informed consent, describe the effects of interventions to improve patient comprehension, and elucidate the role of informed consent in malpractice litigation in neurosurgery. Their findings may guide neurosurgeons in discussions to properly inform patients and reduce the risk of litigation.METHODSA systematic review was conducted to explore informed consent within neurosurgery and its application to medicolegal liability using the PubMed, Embase, and Scopus databases. Titles and abstracts from articles identified in the search were read and selected for full-text review. Studies meeting prespecified inclusion criteria were reviewed in full and analyzed for study design, aim, population, interventions, and outcomes.RESULTSOf 1428 resultant articles, 21 were included in the review. Baseline patient recall was low, particularly for risks and alternatives of treatments, and even decreased over time. Cognitive impairment was noted as a factor limiting the ability to provide informed consent. Interventions incorporating a combination of modalities in informed consent discussions, a specialized consent form with points for neurosurgeons to check off upon discussion, interactive websites, question prompt lists, and illustrations were found to be effective in improving patient knowledge. Lack of informed consent was a common factor for malpractice litigation. Spine surgery was particularly prone to costly lawsuits. Payments were generally greater for plaintiff verdicts than for settlements.CONCLUSIONSThe application of informed consent to patient encounters is an important facet of clinical practice. Neurosurgeons have a duty to provide patients with all pertinent information to allow them to make decisions about their care. The authors examined baseline patient comprehension and capacity, interventions to improve informed consent, and malpractice litigation; it appears that determining the proper capacity to provide informed consent and considering informed consent as a process that depends on the setting are important. There is room to improve the informed consent process centered on baseline patient health literacy and understanding as well as clear communication using multiple modalities.
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Leung, Gilberto KK, e Gerard Porter. "New Hong Kong statute protects factual statements in medical apologies from use in litigation". Medico-Legal Journal 86, n. 4 (20 aprile 2018): 198–201. http://dx.doi.org/10.1177/0025817218771803.
Abstract (sommario):
Providing an apology which contains a factual explanation following a medical adverse incident may facilitate an amicable settlement and improve patient experience. Numerous apology laws exist with the aim of encouraging an apology but the lack of explicit and specific protection for factual admissions included in “full” apologies can give rise to legal disputes and deter their use. The new Hong Kong Apology Ordinance expressly prohibits the admission of a statement of fact in an apology as evidence of fault in a wide range of applicable proceedings and thus provides the clearest and most comprehensive apology protection to date. This should significantly encourage open medical disclosure and the provision of an apology when things go wrong. This paper examines the significance and implication of the Apology Ordinance in the medico-legal context.
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Juška, Žygimantas. "The Effectiveness of Antitrust Collective Litigation in the European Union: A Study of the Principle of Full Compensation". IIC - International Review of Intellectual Property and Competition Law 49, n. 1 (27 novembre 2017): 63–93. http://dx.doi.org/10.1007/s40319-017-0644-4.
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Park, Sung-min. "Possibilities and Limitations of electronic criminal proceedings in the Introduction of Legal Tech". Korean Association of Criminal Procedure Law 15, n. 2 (30 giugno 2023): 281–312. http://dx.doi.org/10.34222/kdps.2023.15.2.281.
Abstract (sommario):
When The Act on the Use of Electronic Document in Criminal Justice Procedures is fully implemented in 2024, it is expected that full-fledged electronic litigation will be possible in criminal procedures. The scope of application of The Act on the Use of Electronic Document in Criminal Justice Procedures is limited to criminal justice affairs, but in the long run, it will expand to the macroscopic perspective of digitalization and intelligent informatization of overall criminal justice services. However, even if the law or system is established, there may be various expected problems in the process of operation. To this end, in this paper, first of all, the obstacles to the activation of Legal Tech, which is the environmental basis of electronic criminal proceedings, were examined. After confirming the specific aspects of the litigation, we examined the points where the electronic criminal proceedings can function or expand in the trial process In this paper, first of all, the fundamental cause of the lack of discussion on Legal Tech, which can be the environmental basis of electronic criminal proceedings, was identified. While accepting legal tech, such as intelligent information technology, the author raised issues such as our still conservative legal system and practices, information accessibility of personal information, and intellectual property rights infringement. Next, as a supplementary point for the success of electronic criminal proceedings, a plan to resolve the reluctance of those involved in the case in electronic criminal proceedings and a plan to prevent abuse of accumulated data were presented. Next, in the introduction process by stage of litigation, it was ordered to improve the system considering the difference in digital literacy in the process of submitting litigation documents, the issue of equality in the process of distributing electronic documents, and legislative overhaul for exceptions to the provision of service. On the other hand, the implementation of the Criminal Procedure Electronic Documents Act provides significant implications for e-discovery. In the disclosure of evidence, the practice of written caution will be overcome, and various problems raised in the academic world in relation to the refusal of the investigation agency to disclose evidence will be resolved. It will be possible to examine the adequacy of the reason for refusal by the investigative agency, and in particular, it will be possible to secure the binding force of the court's order to disclose evidence and prepare a separate regulation so that the investigative agency cannot refuse the order to disclose evidence. In addition, in this paper, we also looked at the possibility of using intelligent information technology in determining the verifiable power or reliability of electronic remote statements and statements that can be used in courts.
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Reich, Norbert, e Hans-W. Micklitz. "Crónica de una muerte anunciada:The Commission proposal for a “Directive on consumer rights”". Common Market Law Review 46, Issue 2 (1 aprile 2009): 471–519. http://dx.doi.org/10.54648/cola2009021.
Abstract (sommario):
The authors analyse and at the same time criticize the full harmonization principle, with its broad formulation in Article 4 of the Commission proposal for a Directive on consumer rights. It implies a complete, though “announced”, paradigm shift in EU consumer law from “minimum” to “full harmonization”, while at the same time considerably reducing the protective ambit of prior EC directives against the objectives of Article 153 EC. So far, the proposal seems to be inspired more by the unspecified and unproven belief that the completion of the internal market depends on identical rules in key areas of consumer contract law, such as pre–contractual information, sales law, and unfair terms, while it may only be acceptable in such specific cases as off–the–premises and distance contracts. The paper demonstrates how many open questions will arise the proposal is put onto the EU statute books. These coming controversies will necessarily detract from the original purpose of EU consumer law, namely to increase consumer confidence in the internal market and to give traders a comparable though not identical level playing field, but not to provoke extended litigation about the extent and scope of the full harmonization approach.
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Wolff, Tobias Barrington, e Andrew Koppelman. "EXPRESSIVE ASSOCIATION AND THE IDEAL OF THE UNIVERSITY IN THE SOLOMON AMENDMENT LITIGATION". Social Philosophy and Policy 25, n. 2 (2 giugno 2008): 92–122. http://dx.doi.org/10.1017/s0265052508080205.
Abstract (sommario):
In this article, Professors Wolff and Koppelman offer a critical analysis of the free speech claims that were asserted by the law schools and law faculty that sought to challenge the Solomon Amendment. Solomon is a federal statute that requires law schools to grant full and equal access to military recruiters during the student interview season. The military discriminates against gay men and lesbians under its “Don’t Ask, Don’t Tell” policy, and the law professors claimed a right to exclude the military under the First Amendment doctrine of “expressive association,” arguing that the presence of discriminatory recruiters would interfere with the ability of faculty to express their own message of inclusion toward their gay students. Those claims were ultimately rejected by the Supreme Court in Rumsfeld v. FAIR. Wolff and Koppelman argue that the law professors' litigation efforts, though well intentioned, were deeply misguided, seeking to extend a recent and aberrational decision in the law of expressive association to unsustainable lengths and, in the process, offering a characterization of the manner in which faculty engage in their own expression that is inconsistent with the ideals that should govern institutions of higher learning.
42
Sandler, Lou. "Autism Really a ‘Public Health Crisis?" Californian Journal of Health Promotion 7, n. 1 (1 settembre 2009): 76–85. http://dx.doi.org/10.32398/cjhp.v7i1.1322.
Abstract (sommario):
The California Blue Ribbon Commission on Autism’s September, 2007 report identified Autism Spectrum Disorder (ASD) as a ‘public health crisis’ and ‘epidemic’ recommending an “Office of ASD” under Public Health. The Commission also said that health plans should provide “full…” services for ASD. With this, the Commission set the groundwork for a potential misdirection of public health funding, increased litigation, and unnecessary competition between families and providers of children with special needs. Though the report acknowledges that honest differences exist, it then incorrectly asserts that each has equal relevance. Rather than a ‘public health crisis,’ autism should be viewed as a crisis of instruction requiring better coordination of available services and existing knowledge with targeted support for schools, families and community providers.
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Gauck, A. M. "LEGAL REGULATION OF LAND PURCHASE FOR PUBLIC NEEDS IN THE GRAND DUCHY OF FINLAND". Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 7 (73), n. 2 (2022): 18–25. http://dx.doi.org/10.37279/2413-1733-2021-7-2-18-25.
Abstract (sommario):
The article deals with the features of the legal regulation of the seizure (redemption) of land and buildings located on it in the Grand Duchy of Finland for the purpose of using it for public needs (cities, settlements), eliminating crowding of buildings to improve fire safety, as well as for the construction of navigable channels, tracks and other railway structures. It is indicated that in Finland during this period, such processes took place based on a special decree of December 12, 1864. This document guaranteed the owners of the seized property the payment of its full value, and the process itself was quite democratic, with the invitation of appropriate specialists. In cases of litigation, they were decided by local courts
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Hindmarsh, David, e Liz Leese. "Improving the safety of patient transfer from AMU using a written checklist". Acute Medicine Journal 11, n. 1 (1 gennaio 2012): 13–17. http://dx.doi.org/10.52964/amja.0535.
Abstract (sommario):
Unsafe patient transfers are one of the top reasons for incident reporting in hospitals. Criteria guiding safe transfer have been issued by the NHS Litigation Authority. To meet this standard, a “transfer check list” was redesigned for all patients leaving the Acute Medical Unit (AMU) in the Heartlands Hospital. Following the introduction of the checklist two full audit cycles were conducted. The first cycle highlighted an extremely poor uptake of the checklist. After interventions to educate nursing staff and raise awareness of the issues at the regular staff meetings, re-audit demonstrated significant improvement in completion rate. Subsequent monitoring indicates continued improvement, with compliance up to 95% for completion of the transfer checklist on AMU. Incident reporting relating to transfer has also decreased significantly.
45
Naidoo, Dinesh. "Spontaneous and rapid resolution of a massive lumbar disc herniation". Surgical Neurology International 12 (19 luglio 2021): 352. http://dx.doi.org/10.25259/sni_491_2021.
Abstract (sommario):
Background: Most lumbar disc herniations can be successfully treated conservatively. However, massive lumbar disc herniations are often treated surgically to avoid permanent cauda equina syndromes/neurological deficits and potential litigation. Nevertheless, here, we present a 51-year-old female who refused lumbar surgery due to coronavirus disease 2019 (COVID-19) and sustained a full spontaneous recovery without surgical intervention. Case Description: A 51-year-old female presented with a massive lumbar disc herniation at the L5S1 level. Despite refusing surgery for fear of getting COVID-19, she spontaneously neurologically improved without any residual neurological or radiographic sequelae. Conclusion: Although the vast majority of patients with massive lumbar disc herniations are managed surgically, there are rare instances in which nonoperative management may be successful.
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Zinder, Daniel J., e Gregg S. Parker. "Electrocautery Burns and Operator Ignorance". Otolaryngology–Head and Neck Surgery 115, n. 1 (luglio 1996): 145–49. http://dx.doi.org/10.1016/s0194-5998(96)70152-3.
Abstract (sommario):
The surgeon, however, need not be expected to know the full details of the electrothermic principles which are involved, though it behooves him to have some familiarity with them if he is to do more than merely run the machine. One may learn to pilot a motor driven vehicle without necessarily knowing the principles of the internal combustion engine, but it will add to his efficiency in emergencies if he does so. –––Harvey Cushing, 1928 1 Electrocautery is one of the most widely used surgical devices, but injuries occur often and lead to costly litigation. Ignorance is the leading cause of these injuries in the operating theater. Understanding a few simple principles of operation can minimize unnecessary electrocautery injuries to both patients and surgeons.
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Beyer, Gerry W. "Wills & Trusts". SMU Annual Texas Survey 9, n. 1 (2023): 393. http://dx.doi.org/10.25172/smuatxs.9.1.13.
Abstract (sommario):
This article discusses developments relating to the Texas law of intestacy, wills, estate administration, trusts, and other estate planning matters during the Survey period of December 1, 2021, through November 30, 2022. The reader is warned that not all cases decided during the Survey period are presented, and not all aspects of each case are analyzed. You must read and study each case’s full text before relying on it or using it as precedent. The discussion of most cases includes a moral, that is, the important lesson to be learned from the case. By recognizing situations that resulted in time-consuming and costly litigation in the past, readers may be able to reduce the likelihood of the same situations arising with their own clients.
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Flikke, Geir, e Daniella Slabinski. "Authoritarian Sovereignization: Russia’s Way out of the Council of Europe". Russian Politics 9, n. 1 (25 marzo 2024): 11–51. http://dx.doi.org/10.30965/24518921-00901002.
Abstract (sommario):
Abstract Russia’s war against Ukraine and departure from the Council of Europe (CoE) in 2022 raises numerous questions about the effect of norm-diffusion in wider Europe. While inclusion in the CoE has provided litigation opportunities for Russian citizens, the process of “sovereignization” pursued by the regime has brought Russia into a downward spinning spiral of authoritarian illiberalism. This study discusses expectations derived from the hybrid regime model (containment of the domestic opposition as a driver towards full-blown authoritarianism) and from spiral theories of human rights compliance; it argues that the Putin regime has sought to seal Russia off from normative pressures from international organizations in pursuit of sovereign norms and values, and construed a separate legal space aimed at maintaining authoritarian rule indefinitely.
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Waye, Vicki, e Vince Morabito. "When Pragmatism Leads to Unintended Consequences: A Critique of Australia’s Unique Closed Class Regime". Theoretical Inquiries in Law 19, n. 1 (13 febbraio 2018): 303–32. http://dx.doi.org/10.1515/til-2018-0010.
Abstract (sommario):
Abstract In an effort to ensure access to justice, Australian courts have fashioned a unique hybrid opt in-opt out process known as “closed classes.” The rationale that underlies closed classes is to prevent free-riding that may undercut the position of funders and class action law firms reliant upon entering into agreements with a critical mass of class members. However, multiple closed classes also pose problems for respondents seeking the comfort of finality. To secure settlement and thus ultimately benefit participating class members, Australian courts have formulated a procedure whereby the closed class is opened and nonparticipating class members are invited to either register their claims or opt out so that thereafter those who do not register and those who opt out are effectively precluded by res judicata from making further related claims. We argue that Australian courts’ support of closed classes, while driven by pragmatism, has produced unintended consequences. Many relate to the ethical dilemmas faced by class action law firms and litigation funders seeking to advance the interests of participating class members over and above those of nonparticipating class members. The Full Federal Court has recently approved an alternative common fund approach. However, questions remain as to whether Australian courts are appropriately equipped to measure and compare the alternative transaction costs associated with the current and proposed approach, and whether they are appropriately equipped to determine the commercial rectitude and fairness of litigation funding agreements.
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Abidin, Zainul. "Evaluation of The Impact of The Full Systemic Land Registration Policy Implementation in Baubau City". Jurnal Administrasi Publik : Public Administration Journal 12, n. 1 (5 giugno 2022): 31–41. http://dx.doi.org/10.31289/jap.v12i1.6073.
Abstract (sommario):
This article intends to evaluate the impact of implementing a full systematic land registration program in Baubau City. With this aim, the researcher used the policy evaluation theory of Wahab as a tentative reference. This research was designed as a qualitative policy evaluation with a formal approach where the assessment used a descriptive approach to produce valid information. The research data was obtained by interviewing the main informants supported by the results of observations and documentation studies and analyzed qualitatively. The data analysis used was an interactive analytical model which included data reduction, data presentation, conclusions, and verification. This research concludes a full systematic land registration program has an impact on the government and society. The government can map plots of land and citizens have legal certainty overland through land certificates, land separation for heirs, and land certificates which are used as business collateral through banking. A full systematic land registration program is also able to reduce the number of overlapping or litigation lands. Implementers and policy planners in the future must pay attention to the input that there needs to be assistance after the community has obtained a certificate so that the land certificate is not used for productive activities. To further minimize uncertified land, further coordination with landowners outside Baubau city and local/kelurahan governments could be intensified.