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Charlesworth, Hilary. "The Art of International Law". Proceedings of the ASIL Annual Meeting 116 (2022): 7–24. http://dx.doi.org/10.1017/amp.2023.31.
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International lawyers study international law primarily through its written texts—treaties, official documents, judgments, and scholarly works. Critical to being an international lawyer, it seems, is access to the written word, whether in hard copy or online. Indeed, as Jesse Hohmann observes, “the production of text can come to feel like the very purpose of international law.”
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Khotynska-Nor, O. Z. "Participation of a lawyer in disciplinary proceedings against judges". Uzhhorod National University Herald. Series: Law 3, n.º 81 (19 de abril de 2024): 223–28. http://dx.doi.org/10.24144/2307-3322.2024.81.3.33.
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The article examines certain aspects of a lawyer’s participation in disciplinary proceedings against a judge. It is noted that a lawyer in disciplinary proceedings against a judge can be both the initiator, upon whose complaint the disciplinary proceedings were opened, and the judge’s representative for the purpose of protecting his rights and interests. The focus of the study is on the representation of judges by a lawyer. Such interest is due to a number of reasons. First, since August 2020, the High Council of Justice has accumulated a significant number of disciplinary proceedings against judges, the resumption of proceedings of which took place only recently. Secondly, advocacy during the war underwent a significant transformation, as the demand for advocacy services changed. Many areas of lawyer practice have lost their relevance, which requires lawyers to review their approaches to their own professional development and areas of professional activity. In this context, a significant array of disciplinary proceedings against judges opens up new opportunities for lawyers. Their participation in the disciplinary procedure in relation to the judge is a promising direction for the development of the specialization of advocacy.
Representation of a judge by a lawyer in disciplinary proceedings is a rather specific type of lawyer’s activity. After all, as a jurisdictional procedure, disciplinary proceedings against judges must meet the requirements of a «fair court» within the meaning of Art. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which has many nuances. In particular, we are talking about the observance of such principles as openness, equality of parties, competitiveness and others in disciplinary proceedings. At the same time, the legal status of a judge implies a set of specific rights and duties of a judge along with numerous guarantees of his independence, which must be observed by all without exception. In addition, the legislation regulating the procedure for bringing a judge to disciplinary responsibility has recently undergone significant changes. Collectively, this requires a significant intellectual resource from the lawyer, which will allow to effectively protect the rights and interests of the judge in disciplinary proceedings, as well as to reasonably position oneself on the market of legal services in this segment of the lawyer’s specialization.
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Fursa, S. Ya, e E. I. Fursa. "Bar self-government in Ukraine and its development". Uzhhorod National University Herald. Series: Law 3, n.º 81 (19 de abril de 2024): 216–22. http://dx.doi.org/10.24144/2307-3322.2024.81.3.32.
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The article is devoted to the analysis of the historical development of legislation on advocacy, its organizational structure, in particular, advocacy self-governance, the requirements imposed on the advocate in the comparative aspect of Art. 2 of the Law of Ukraine «On Advocacy» and part 2 of Art. 6 of the Law «On Advocacy and Advocacy Activities». The issue of the role of the legal profession and the individual lawyer in society is analyzed. It is well-founded that the self-government of the bar should provide lawyers with a system of guarantees that will allow them to work competently and legally, to perform their functions properly and impartially. Therefore, the internal organizational structure of the bar must be perceived in the context of the functions performed by the bar self-government, and this is the business of the lawyers themselves. It is proposed to create a special arbitration court of advocates, with appropriate powers to consider appeals by persons and advocates for offenses that took place in the activities of the advocate, his powers and methods of their implementation. it is expedient to introduce the arbitration court of advocates instead of disciplinary chambers of qualification and disciplinary commissions of the bar and The Higher Qualification and Disciplinary Commission of the Bar with the transfer of powers to such a court not only regarding the application of appropriate disciplinary sanctions to lawyers, but also the resolution of other disputed issues and compensation for the damage caused, which will require amendments to the Law. In another way of introducing an arbitration court of lawyers, it is proposed, along with the relevant commissions, to make changes to the Statute of the National Association of Lawyers of Ukraine (hereinafter – NAAU) also on the authority of the court to apply appropriate sanctions to lawyers and establish other duties of a lawyer, and the right to choose the body to which a specific person, leave for the complainant. The structure of NAAU was analyzed and an opinion was expressed about the expediency of the existence of certain committees in it. There is a well-founded opinion about the need to carry out relevant reforms in the bar in order to self-purify it, but it is better to initiate this process by the lawyers themselves.
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Barwicka-Tylek, Iwona. "Law and Lawyers vs “Political Turn” and the “Return of Political Philosophy”". Studia Iuridica Lublinensia 29, n.º 5 (31 de dezembro de 2020): 29. http://dx.doi.org/10.17951/sil.2020.29.5.29-40.
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<p>The title of the article refers to P. Manent’s essay, describing “the return of political philosophy”. Using the distinction between science and art, suggested by thinkers such as J.S. Mill, an analysis was made of the possible responses of legal theory to the so-called “political turn” in social sciences and humanities. Attempts were made to show that transplanting such terms as “politics”, “the political”, “polity” (in the text they function under more theoretically neutral term: “politicalness”) into the field of legal discourse leads to the rejection of the so far dominant (referring to the ideal of Ch. Montesquieu) image of the activity of lawyers as “artisans” practicing the art of law and to replacing it with the image of a lawyer-artists or lawyer-scientist.</p>
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Kendall-Hall, Danielle. "Child consultation and the law in the Northern Territory of Australia". Children Australia 44, n.º 02 (14 de maio de 2019): 60–64. http://dx.doi.org/10.1017/cha.2019.11.
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AbstractConsultation with children is a delicate art, and consultation with vulnerable children, even more so. Experienced clinicians believe best practice in undertaking such work requires tertiary studies in social work or psychology combined with extensive supervised clinical experience. The current pathways to becoming a children’s lawyer in the Northern Territory do not involve mandatory training in child well-being, and yet lawyers are asked to consult with highly traumatised children and bring the voices of children into the courtroom. Lawyers for young children are additionally required to provide an opinion as to what they believe to be in the best interests of the child, without a social work or psychology-based qualification, training or in-depth guidelines to support their position. This article looks at what the law says about child consultation, what child development research says about child consultation and child consultation in practice in a Northern Territory child protection setting. At its conclusion, the author discusses potential pathways forward for lawyers and clinicians to work together in safe practices of child consultation.
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Varfolomeev, Yuri V. "The image of the lawyer of late Imperial Russia in Russian literature (based on the works of Maxim Gorky “Mother” and “The Life of Klim Samgin”)". Izvestiya of Saratov University. History. International Relations 22, n.º 4 (15 de dezembro de 2022): 457–63. http://dx.doi.org/10.18500/1819-4907-2022-22-4-457-463.
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The article explores various interpretations of the image of a lawyer in the works of art of late Imperial Russia. As examples of artistic interpretation whencreating the image of asworn attorney at the beginning of the XXcentury, the authorchose the works of A.M. Gorky “Mother” and “The Life of Klim Samgin”. In the course of a comparative analysis of the texts of these works of art, as well as sources of personal origin of lawyers N. K. Muravyov and V. A. Maklakov the author identifies and compares the characteristic moral and psychological features and features of the activities of fictional characters and real representatives of the Russian legal profession as possible prototypes of Gorky literary heroes.
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Giroud, Sandrine, e Charles Boudry. "Art Lawyers’ Due Diligence Obligations: A Difficult Equilibrium between Law and Ethics". International Journal of Cultural Property 22, n.º 2-3 (agosto de 2015): 401–17. http://dx.doi.org/10.1017/s0940739115000193.
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Abstract:This article examines the duties of diligence of lawyers when handling art-related matters. Due diligence is paramount to any activity in the art market and a key element in ascertaining ownership, authenticity or provenance. In particular, it is a benchmark to help determine the existence of possible criminal activities, including money laundering, terrorism financing or document forgery, to which the art market is regularly exposed. The question arises as to the obligations incumbent to art lawyers who are privileged witnesses of the functioning of the art market. Such obligations include in particular the duty to enquire on the particularities of a transaction, the duty to terminate a mandate or the duty to report any suspicious transaction under threat of civil or criminal sanctions. A survey has shown that art law specialists would welcome more guidance in the form of tailored regulations or professional guidelines.
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Didukh, Khristyna. "Advocate self-government in the context of judicial reform in Ukraine". Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 10, n.º 38 (22 de junho de 2023): 35–42. http://dx.doi.org/10.23939/law2023.38.035.
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The article reveals the problems of conceptualization and institutionalization of the self-government of lawyers in the context of judicial reform in Ukraine, and suggests directions for reforming its organizational and functional foundations. The principles of institutional development of bar self-government are outlined: the unity of bar associations operating within the state; organization of activities based on partnership with state authorities; improvement of the institute of advocacy on the basis of international principles and standards both in the field of providing legal aid and in the field of advocacy; positioning the bar as a self-governing independent organization that is subordinated to the interests/requests not of the state apparatus, but of society (civil society), aimed at ensuring the provisions of Art. 59 and 131-2 of the Basic Law, namely on the provision of professional legal assistance. It was noted that activation and involvement of the legal profession in the process of forming a strategy for the development of the legal community is one of the defining tasks of the legal self-government bodies. This can be done by making relevant decisions by these bodies at the most transparent and public level. Five main priorities for reforming the institution of advocate self-governance have been identified: first, strengthening the professional rights of advocates and guarantees of advocacy; secondly, improvement of the criteria and procedures for access to the profession of a lawyer; thirdly, improvement of the institution of lawyer disciplinary responsibility; fourthly, improvement of self-governance of lawyers; fifth, ensuring transparent budgetary and financial procedures in the self-governing bodies of lawyers.
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Hanc, Jakub. "L’art pour l’art, czyli o tzw. kontratypie sztuki". Santander Art and Culture Law Review, n.º 1 (6) (2020): 131–54. http://dx.doi.org/10.4467/2450050xsnr.20.007.12391.
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L’art pour l’art, or so-called justifications of art The issue of so-called justification of art continues to be debated intensely in the applicable literature. Academic opinion increasingly highlights the need to include international and constitutional regulations regarding freedom of expression, particularly freedom of artistic expression, in the discourse. This article adopts a somewhat different approach and aims to analyze that non-statutory justification in the context of statements by critics, art historians, artists and lawyers. This type of approach makes it possible to assess whether the conditions excluding the unlawfulness of an act proposed in the science of criminal law are useful tools to facilitate the criminal law evaluation of specific factual circumstances by a judge.
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Stadniczeńko, Stanisław Leszek. "Formacja prawnika wyzwaniem czasów". Opolskie Studia Administracyjno-Prawne 15, n.º 2 (30 de junho de 2017): 267–86. http://dx.doi.org/10.25167/osap.1285.
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The author considers the questions relating to the formation of lawyers’ professional traits from the point of view of the significance which human capital and investment in this capital hold in contemporary times. It follows from the analyses, which were carried out, that the dire need for taking up actions with the aim to shape lawyers appears one of the most vital tasks. This requires taking into account visible trends in the changing job market. Another aspect results from the need for multilevel qualifications and conditions behind lawyers’ actions and their decisions. Thus, colleges of higher education which educate prospective lawyers, as well as lawyers’ corporations, are confronted by challenges of forming, in young people, features that are indispensable for them to be valuable lawyers and not only executors of simple activities. The author points to the fact that lawyers need shaping because, among others, during their whole social lives and realization of professional tasks their personality traits and potential related to communication will constantly manifest through accepting and following or rejecting and opposing values, principles, reflexions, empathy, sensitivity, the farthest-fetched imagination, objectivism, cooperation, dialogue, distancing themselves from political disputes, etc. Students of the art of law should be characterized by a changed mentality, new vision of law – service to man, and realization of standards of law, as well as perception of the importance of knowledge, skills, attitudes and competences.
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d’Aspremont, Jean. "Turntablism in the History of International Law". Journal of the History of International Law / Revue d’histoire du droit international 22, n.º 2-3 (21 de outubro de 2020): 472–96. http://dx.doi.org/10.1163/15718050-12340142.
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Abstract This article uses the metaphor of turntablism to shed light on the confinement of international lawyers’ engagement with history to the terms, vocabularies, and categories of the very historical narratives they seek to evaluate, disrupt, or displace. For the sake of this article, turntablism is understood here as the art of creating new music and sound effects by using one or several turntables on which a record is placed. This article argues that twenty-first century international lawyers engaging with the history of international law are talented turntablists in that the many historiographical works of international lawyers produced since the so-called ‘historical turn’ have remained confined to the very terms, categories, and vocabularies of the histories whose creation they have been discoursing and theorising. This article ultimately shows that turntablism is not the inevitable fate of international lawyers engaging with history, and that a radical historical critique is possible and should be promoted.
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Lubina, Katja. "Sotheby's Restitution Symposium: Sotheby's Amsterdam, The Netherlands (January 30, 2008)". International Journal of Cultural Property 15, n.º 4 (novembro de 2008): 429–31. http://dx.doi.org/10.1017/s0940739108080247.
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This symposium on provenance research and the restitution of Nazi-looted art was organized by the auction house Sotheby's and sponsored by the Muggenthaler International Genealogical Research Institute. After prior meetings hosted by Sotheby's on the same topic in London and Vienna, some 90 provenance researchers, art historians, government representatives, lawyers, and academics met in Amsterdam to discuss the Dutch restitution regime in particular and, in general, the progress made since the passing of the Washington Principles on Nazi-looted art in December 1998.
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Amis, Mike. "The Art of Mediating Civil Lawsuits". Texas Wesleyan Law Review 15, n.º 3 (julho de 2009): 517–31. http://dx.doi.org/10.37419/twlr.v15.i3.2.
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Bearing in mind the definition of the word "art," the Author proceeds with a mixture of trepidation and bravado in committing to print his description of the "unanalyzable." What follows is the Author's sharing of the methods with which he approaches and conducts his role as a mediator of civil lawsuits, crediting most, if not all, he has learned to his trainer, Steve Brutsche (1947-1991), and to the hundreds of lawyers who have appeared as advocates in mediations he has conducted over the past nineteen years. The discussion will generally follow the chronological flow of a typical day of mediation and will direct particular attention to the close of the session.
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Obergfell, Eva Inés. "9th International Seminar “Art & Law” for Doctorate Candidates (Basel, Switzerland, July 6–9, 2007)". International Journal of Cultural Property 15, n.º 4 (novembro de 2008): 413–15. http://dx.doi.org/10.1017/s094073910808034x.
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Under the auspices of Kurt Siehr (Hamburg, Zürich) the 9th International Seminar on “Art & Law” took place from July 6–9, 2007, in Basel, Switzerland. Originally conceived as a platform for doctorate candidates in Europe and over the last years enlarged to a platform for comprehensive discussions between lawyers as well as art historians, academics as well as practitioners, this year's seminar in Basel focused on three main issues: protection of cultural property, problems of stolen works of art (both including their international and European legal frame), and copyright protection.
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Tertyshnyk, V. M. "THE PROBLEMS OF THE REFORM OF CRIMINAL JUSTICE". Actual problems of native jurisprudence, n.º 4 (30 de agosto de 2019): 207–13. http://dx.doi.org/10.15421/391944.
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The article covers the problem of optimization of regulatory and criminal proceedings in terms of the implementation of the principle of the adversarial parties. Analysis of the positive stories and shortcomings of the current CPC of Ukraine. Disclosed the problem to run the investigation and legal assistance and protection. The submitted proposals concerning improvement of the norms of the criminal procedure law. The principle of admissibility of intervention in human rights and the application of coercive measures in establishing the objective truths only in case of extreme urgency has become a basic principle of the criminal process. According to the applicable law of Ukraine “on advocacy and its activities” (p. 7 article 20) advocate in their activities has the right to “remove things, documents, copy them”. That is, it can only go about getting published, and not about “deleting”, without the consent of the holder of the document or thing. “Extract” is commonly understood as forced extraction, and side protection, by definition, its function may not to have establishing the authority. Finally, to protect enough of getting copies of documents, not delete documents, especially the absence of a duty to Act laid them in the proper way to store and share the Court. At first glance, insignificant legislative inaccuracy may only have character problem definitions, but in reality these “trivia” smear Vaseline give opportunity not so much for a parallel legal investigation, how, in practice, for the active counteraction to the inquest by hiding or destroying evidence. In today’s criminal counsel may participate in criminal proceedings in three different status: 1) as a defender of the suspect, accused, convicted, justified; 2) as a representative of the victim of physical persons; a legal entity that is affected civil plaintiff, civil respondent; third person; 3) as legal assistant to the witness. Prescription of the Constitution that exceptionally lawyer carries out representation of another person in court, as well as protection from criminal prosecution does not mean establishing the monopoly of lawyers to perform the function of protection. Wise will introduce a new conceptual system of legal assistance and protection: 1. Protection of the suspect can make as lawyers and other professionals in the field of law, for which there is no reason for removal. 2. Defendant and defendant in court should carry only a lawyer who offered to appoint judicial agent. 3. Legal assistance to victims, civil plaintiffs, civil and for third parties (art. 63 of the CPC of Ukraine) can make as lawyers and other specialists in the field of law, which can act in the procedural status of the representatives of the respective parties. 4. Legal assistance to witnesses, applicants to other participants of the process can make as lawyers and other professionals in the field of law. Implementation of the constitutional principles of legal assistance and protection in criminal proceedings requires a clear definition of the procedural status of the Defender, therepresentative and law agent, development and adoption of the law on the independent Institute the investigation, which has become an independent institution of the criminal procedural law.
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Thomas, Leslie. "ART WORKS Projects: Claiming Public Space for Human Rights". Revista Electrónica de Derecho Internacional Contemporáneo 3, n.º 3 (18 de dezembro de 2020): 167–70. http://dx.doi.org/10.24215/2618303xe013.
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ART WORKS Projects (AWP) was born out of desperation. A photo of a small boy who had been murdered in a genocidal attack against civilians in Darfur by a Sudanese government intent upon their eradication led to the formation first of the DARFUR/DARFUR exhibition of large-scale exterior projections and eventually to AWP. The founders, by and large architects, filmmakers, editors, photographers, lawyers, and designers, weren’t naive enough to believe that art can always end genocide (or any other grave human rights abuse), but they knew it impacted them and so they theorized that the same could happen to policymakers, voters, and ultimately, perpetrators.
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Yukhnovich, Yulia. "Lawyers’ Tricks, or What Did the Dostoevskys Get from the Sale of the Tula Estate". Неизвестный Достоевский 8, n.º 1 (março de 2021): 168–82. http://dx.doi.org/10.15393/j10.art.2021.5201.
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The article deals with the history of the sale of the real estate property belonging to A. F. Kumanina, the Moscow aunt of F. M. Dostoevsky, in the Tula province. The division of the property received by her heirs after her death was to be carried out after their entry into the ownership of the estates: first Tula, then Smolensk and Ryazan, which were pledged. Lawyers played a criminal role in this process. They developed an illegal scheme during the division and sale of the house and land plot in Tula, which predetermined the fate of the Kumanin inheritance, most of which was spent on paying debts, arrears and attorney fees. In connection with the inheritance case, F. M. Dostoevsky sought legal assistance from V. P. Gaevsky, V. I. Veselovsky, B. B. Polyakov, V. I. Gubin, E. V. Korsh, A. V. Lokhvitsky, V. I. Lustikh. The facts testifying to the unseemly role of the attorneys, which ultimately led to the unexpected outcome of the “Kumanin story”, are presented in the memoirs and correspondence of the writer’s brother Andrey Mikhailovich. They are also indicated in the correspondence of the other heirs of A. F. Kumanina, including F. M. Dostoevsky and his closest relatives, who tried to regain the right to own hereditary estates, as well as the materials of the genealogic inventory of N. S. Lazarev-Stanishchev, who became one of the participants in the “Kumanin inheritance” scam. The Appendix contains a previously unpublished letter from D. A. Smirnov, assistant to attorney V. I. Veselovsky in the “case of the Kumanin inheritance”, to A. M. Dostoevsky dated February 10, 1874 about the sale of the Kumanin house in Tula.
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Bondar, I. V., e Yu M. Basyuk. "LAWYER SECRECY AS A GUARANTEE OF CONFIDENTIAL COMMUNICATION OF THE LAWYER WITH THE CLIENT". Constitutional State, n.º 49 (18 de abril de 2023): 11–19. http://dx.doi.org/10.18524/2411-2054.2023.49.276015.
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The article examines issues related to the application of the principle of confidentiality of advocacy as one of the most important principles of the advocacy profession. The confidentiality of advocacy consists primarily in guaranteeing the confidentiality of the lawyer’s communication with the client. Such communication is special in nature and reflects the social purpose of advocacy in the civil society of a democratic state. The article defines that the principle of confidentiality of the lawyer’s communication with the client is revealed through the concept of lawyer’s secrecy in the regulatory legal regulation of the lawyer’s activity. Lawyer secrecy is a type of professional secrecy. Its purpose is the nondisclosure of information that became known to the lawyer as a result of the client’s appeal to him, and the very fact of such an appeal. The specified information in its totality constitutes the subject of attorney’s secrecy. The article proves that lawyer secrecy is not an absolute category and has its limits objectively recognized by the legislator. In modern conditions, such boundaries should be supplemented and detailed. Nevertheless, there are discussions in scientific circles about the character and nature of attorney’s secrecy as a guarantee of confidential communication between a lawyer and a client. The article states that the cases of violation by lawyers of the principle of confidentiality of lawyer’s activity are not isolated. Cases of disclosure by a lawyer of information that is the subject of lawyer’s secrecy have a negative impact on the legal profession in general. Such cases should be minimized. For the act of disclosing information that is the subject of attorney’s secrets, the attorney must inevitably be subject to disciplinary liability. The article proposes measures to strengthen control over lawyers’ observance of the principle of confidentiality of communication with the client by ensuring sufficient and proper conditions for storing information that is the subject of attorney’s secrecy.
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Nabatov, M. B. "Improving the Ways of Recording Criminal Proceedings amid Digital Technologies Development". Actual Problems of Russian Law 17, n.º 6 (21 de maio de 2022): 133–39. http://dx.doi.org/10.17803/1994-1471.2022.139.6.133-139.
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The paper is devoted to the problem of reliability and accuracy of criminal proceedings records made with shorthand recordings and audio recordings of a court hearing. The current opinions on this issue, of both scholars and practitioners, are analyzed in detail. Based on empirical data, namely the disciplinary practice of the qualification board of judges, the results of a study of 255 verdicts, 200 criminal cases, surveys of 257 Russian lawyers, as well as the professional experience of the author, who is a practicing lawyer, it is concluded that this problem remains relevant and topical. In order to resolve the problem posed by the author, it is proposed to introduce a number of changes to the criminal procedural legislation, namely, Art. 259 Code of Criminal Procedure of the Russian Federation. The issue of using the possibilities of digital technologies in order to strengthen guarantees for the protection and realization of the rights of participants in criminal proceedings through the introduction of an electronic format of a criminal case is also being considered.
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Levy-pounds, Nekima, e Artika Tyner. "The principles of Ubuntu: Using the legal clinical model to train agents of social change". International Journal of Clinical Legal Education 13 (18 de julho de 2014): 7. http://dx.doi.org/10.19164/ijcle.v13i0.64.
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<p>For the past few decades, the legal clinical model has been used as a tool to teach law students the art of practising law. Typically, this model focuses on providing law students with an opportunity to work with clients and to handle legal cases in a safe environment, and often in slow motion. Although the legal clinical model has a number of advantages in assisting students to safely transition from law students to lawyers, it falls short in stressing the importance of using the law as a tool to achieve social justice within our society. The purpose of this paper is to propose that the legal clinical model be revamped to train law students to become not just lawyers, but agents of social change. Although we hope this article will be of relevance to a broad international audience, the critique focuses mainly on legal education in the United States.</p>
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Dyevre, Arthur, Wessel Wijtvliet e Nicolas Lampach. "The future of European legal scholarship: Empirical Jurisprudence". Maastricht Journal of European and Comparative Law 26, n.º 3 (junho de 2019): 348–71. http://dx.doi.org/10.1177/1023263x19840263.
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To avert the twin threats of isolation and marginalization, we argue that European legal research should embrace the methodology of the social sciences to a much greater extent than is currently the case. To fit the hybrid – academic and professional – character of the law school, research should emphasize questions of broad interest to lawyers and legal reformers. We outline two lines of research, under the header of ‘Empirical Jurisprudence’, that, we believe, should be of fundamental interest to members of the legal community at large: (i) law as the art of persuasion; and (ii) law as social product and instrument of social planning. We show that the questions demarcated by these two research programmes are, and have always been, of interest to lawyers, claims to the autonomy of the legal discipline notwithstanding. We also argue that the rapidly expanding and increasingly eclectic array of empirical research techniques – from text mining to network analysis and machine learning – makes the turn to Empirical Jurisprudence especially promising.
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Flego, Clio. "Forensic Architecture: A New Photographic Language in a Factual Era". Membrana Journal of Photography, Vol. 3, no. 1 (2018): 70–75. http://dx.doi.org/10.47659/m4.070.art.
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A group of visual activists, architects, software developers and archaeologists as well as a multicultural team composed of artists, investigative journalists and lawyers – an organic organization. Forensic Architecture ‘Investigative aesthetic’ is based on visual aggregation on data allowing viewers to enhance their perception-cognition of events by the integrated use of augmented photography. Their works have been presented in front of a court, but also exhibited at international shows all around the world. FA expanded use of photography, integrating in the urbanistic reconstruction of frames of any kind of multimedia information collected, consider it not simply as a medium, but as a proper tool for triggering critical reflections and political action. Forensic Architecture have mainly been investigating the area of conflicts with the aim to present counter- investigation on unclear circumstances, often underlining social constructs in the public forum. The particular role that FA plays, claiming social truth and assigning to photography the function to be a “civil act,” remarks its place in the history of war photography, and underlines the importance of also having a contra-culture in a post- industrial society, permeated by the presence of technology. Keywords: evidence, Forensic Architecture, forensic reconstruction of event, photography, truth-value
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Stelmakh, V. Yu. "Peculiarities of Investigative Proceedings against Lawyers". Actual Problems of Russian Law 18, n.º 2 (1 de dezembro de 2022): 145–59. http://dx.doi.org/10.17803/1994-1471.2023.147.2.145-159.
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The paper deals with the peculiarities of investigative proceedings against lawyers that are regulated by the legislation of the Russian Federation. The author proposed to consider all actions that restrict the rights of a lawyer directly in the course of an investigative action, and not as a result of an investigative action, as investigative actions carried out «in relation to lawyers». At the same time, these actions can be carried out with the direct participation of a lawyer, as well as without him. The main purpose of the legislative establishment of the peculiarities of the production of investigative actions is to create a system of guarantees against attorney-client privilege violation, to prevent the use of information provided by the defendant to the lawyer in the framework of special trust relationships that develop in the provision of legal assistance in proving. The peculiarities provided for by law do not apply to investigative actions performed in connection with the commission of a criminal act by a lawyer. The paper scrutinizes the content of the features of conducting investigative actions: the range of actions, the production of which requires judicial permission, is determined; the rights of such a participant in an investigative action as an authorized representative of the bar association are disclosed; the concept of a lawyer’s dossier (lawyer’s proceedings) is detailed; the procedure for seizing the documents included in it is investigated.
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Kalinichenko, M. M. "DOCTRINE OF “FAIR USE” OF FINE ART WORKS IN THE ANALYTICAL PRACTICE OF NORTH AMERICAN FORENSIC EXPERTS". Theory and Practice of Forensic Science and Criminalistics 16 (30 de novembro de 2016): 350–56. http://dx.doi.org/10.32353/khrife.2016.48.
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The paper presents some of the main provisions of North American methods for examining the works of fine art as objects of intellectual property in the context of the legal doctrine of "fair use" on the basis of the resonant case "Patrick Carey versus Richard Prince". The emphasis is placed on practical significance of the considered scientific and methodological approaches for modern Ukrainian forensic experts. The critical analysis is given for some specific features of the North American methods, which are controversial among lawyers and experts of the United States of America.
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Foohey, Pamela. "Potential National Voluntary Gamete Donor Registry Discussed at Recent Health Law Symposium". Journal of Law, Medicine & Ethics 36, n.º 3 (agosto de 2008): 597–601. http://dx.doi.org/10.1017/s1073110500011530.
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Despite exponential growth in the past decades, most aspects of the assisted reproductive technology (ART) industry remain largely unregulated; recently, pressure has been mounting for coordinated study and regulation of this developing industry. On March 28, 2008, lawyers, health care professionals, representatives from sperm banks, consumers of ART services, and other stakeholders in ART industry gathered at DePaul University College of Law for its Health Law Institute’s symposium titled “Tracking Change: The Feasibility of a Voluntary Gamete Donor Registry in the United States.” The implementation of a registry would mark the first effort in the United States to centralize, maintain, and disseminate information about gamete donors by collecting and storing genetic and identifying information about egg and sperm donors. Establishing a registry requires balancing the interests of donor-conceived individuals, their parents, gamete donors, health care professionals, and society as a whole, as well as ensuring the privacy and safety of all involved.
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Cooper, Penny, e Clare Allely. "You can't judge a book by its cover: evolving professional responsibilities, liabilities and 'judgecraft' when a party has Asperger's Syndrome". Northern Ireland Legal Quarterly 68, n.º 1 (3 de maio de 2017): 35–58. http://dx.doi.org/10.53386/nilq.v68i1.21.
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In the context of increasing legal emphasis on fairness for people with disability, this article analyses the responsibilities and liabilities of lawyers in relation to the recognition and identification of client disability, and specifically Asperger's Syndrome, prior to a hearing. This article also analyses the judge's responsibilities when a party has Asperger's Syndrome. Lord Justice Gillen's seven points of principle and practical guidance for fair hearings when a party has a disability (Galo v Bombardier Aerospace UK) are used as a framework to explore the art of judging, or 'judgecraft'.
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Skwirowska, Justyna. "Schematy podatkowe a tajemnica zawodowa wybranych zawodów zaufania publicznego". Acta Iuridica Resoviensia 33, n.º 2 (2021): 165–76. http://dx.doi.org/10.15584/actaires.2021.2.12.
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The institution of Mandatory Disclosure Rules was regulated in polish Tax Code in 2019. This implementation was made due to Council Directive 2018/822. Although these polish legal norms have clearly been problematic. It is claimed that professional secrecy of profession like for example: lawyers, legal advisors, tax advisors can be affected by the obligation to report some kind of tax schemes even without getting exemption from professional secrecy by client. The aim of this paper is to show that these regulations can be not constitutional in term of art. 17 of Polish Constitution.
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Condello, Angela. "The art of truth : remarks made between political and legal discourse." Soft Power 6, n.º 2 (1 de julho de 2019): 266–79. http://dx.doi.org/10.14718/softpower.2019.6.2.15.
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In 1873, Nietzsche claimed that a generally and uniformly valid designation is invented for things. This designation has normative force: as a matter of fact, the «linguistic» legislation dominating the practice of language establishes the first laws of truth (On Truth and Lies in a Nonmoral Sense). In other words, for Nietzsche the artificial nature of truth, given the artificial nature of language itself, was out of discussion. In this paper, I approach the contemporary debate on post-truth by juxtaposing it with the idea of «artificial» or «conventional» truth typical of legal discourse and by showing the aporia behind each search for truth. In order to do so, I focus on the specific nature of «legal» truth and I invite to consider the centrality of the performative force of truth-making procedures – crucial for lawyers and legal practice – in order to underline the importance played by technology in the construction of truth also in the political discourse.
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Avetisian, S. V. "Administrative prejudice as an instrument of criminalization and decriminalization (on art. 178, 180, 2121 of the Russian Federation Criminal Сode)". Russian competition law and economy, n.º 4 (30 de dezembro de 2019): 68–73. http://dx.doi.org/10.32686/2542-0259-2019-4-68-73.
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The article questions it is valid to use the Institute of administrative prejudice by the legislator in the corpus delicti construction. While some scientists and lawyers argue that administrative prejudice is a «full-fledged» instrument of criminal policy, others believe that this institution violates non bis in idem principle, unreasonably increases the influence of the offender's personality traits on the basis of criminal responsibility and «blurs» the boundaries between crime and administrative offense. The author proves the inadmissibility of using the Institute of administrative prejudice in the Criminal Code of the Russian Federation.
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Pojman, Louis. "Equality and Desert". Philosophy 72, n.º 282 (outubro de 1997): 549–70. http://dx.doi.org/10.1017/s0031819100062410.
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Justice is a constant and perpetual will to give every man his due. The principles of law are these: to live virtuously, not to harm others, to give his due to everyone. Jurisprudence is the knowledge of divine and human things, the science of the just and the unjust. Law is the art of goodness and justice. By virtue of this [lawyers] may be called priests, for we cherish justice and profess knowledge or goodness and equity, separating right from wrong and legal from the illegal. (Ulpian in the Digest of the Roman book of law Corpus Juris, ca 200AD)
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Ringel, Lewis S. "Designing a Moot Court: What to Do, What Not to Do, and Suggestions for How to Do It". PS: Political Science & Politics 37, n.º 3 (julho de 2004): 459–65. http://dx.doi.org/10.1017/s1049096504004688.
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Educators often use role-playing exercises that involve problem based learning in their courses to improve their students' critical and analytical skills, introduce them to new ways of thinking, increase interaction with their fellow students, and to enhance student interest in course lessons and materials (Greening 1998; Albanese 1993; Hensley 1993).A popular role playing simulation is moot court (Deardoff and Aliotta 2003; Guiliuzza 1991). Moot courts are academic simulations of appellate advocacy that educate students about the law and the judicial process. Students, acting as lawyers or judges, “try” a case before an appellate court.2 In addition to acting as lawyers or judges, students are assigned to serve as “law clerks, reporters, or amicus brief writers” (Knerr and Sommerman 2001, 4). Moot court is an extremely fluid pedagogical tool which can be used for more than learning about the law or the judicial process. It has been used in a variety of disciplines including political science, media, history, journalism, sociology, art, economics, business, and the life sciences to educate students about a variety of subjects such as history, journalistic rights, anti-trust laws, or professional ethics (Carlson and Skaggs 2000; Dhooge 1999; Bentley 1996).
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Wulandari, Ayu Linda. "Strategi Retorika Verbal dan Nonverbal Karni Ilyas dalam Acara Indonesia Lawyers Club". TRANSFORMATIKA: JURNAL BAHASA, SASTRA, DAN PENGAJARANNYA 2, n.º 2 (12 de dezembro de 2018): 140. http://dx.doi.org/10.31002/transformatika.v2i2.877.
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<p>Karni Ilyas rhetorical strategy that astounds with the technique of persuasion through Indonesia Lawyers Club (ILC) serves impressions about the information in the form of event/occurrence law succeeded in attracting the attention of the community. This research aims to interpret the usage of rhetoric functions of verbal and nonverbal emcee ILC as a strategy of rhetoric. The design and type of research use descriptive analytics. This research was conducted comprehensively refers to the analysis of the rhetoric of verbal and nonverbal. Based on the results and discussion of the rhetoric of oral, nonverbal, obtained ILC events regarding the use of the rhetoric of verbal and nonverbal strategies as a presenter with the techniques of persuasion. Type of diction, diction in denotative, connotative, special, public, scientific, accessible, and the style of language used have a strategy that could affect listeners. The various elements of the selected non-verbal rhetoric serve to launch the process of policy within the host changes the listener. Therefore, an absolute necessity in communicating art an emcee who wanted to deliver a message delivered through the rhetoric form of speech (verbal) and rhetoric form of body language (nonverbal).</p>
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Lucaciuc, Ștefan, e Corina Crișan. "New Measures to Protect the Adult. Challenges for Lawyers and Forensic Doctors". Journal of Legal Studies 31, n.º 45 (18 de maio de 2023): 66–79. http://dx.doi.org/10.2478/jles-2023-0005.
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Abstract A decision of the Constitutional Court, which declared the unconstitutionality of art. 164 of the Civil Code, which regulated the protection measure of placing under interdiction, offered the lawmaker the opportunity to rethink the protection measures of the natural person that involve restricting or increasing one’s capacity of exercise. The new regulation proposed by Law no. 140/2022 brings with it both protection measures to which people with intellectual or psychosocial disabilities can appeal in the conventional means - legal aid and the warrant of protection - as well as protection measures for people who are found to have a deterioration of the mental faculties – legal advice and special guardianship - the establishment of which is given to the competence of the court with the amendment that the court is free to choose the measure of protection that best corresponds to the vulnerable person’s concrete needs, being able to configure its content so that the measure of protection to be adequate to the circumstances in which the person finds oneself and the restriction of own freedom to be proportional to the severity of the effects that this deterioration of the mental faculties of the vulnerable person causes to that person’s psychological abilities.
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Leonard, Nicholas. "Homage or Biting Lines: Critically Discussing Authorship, Creativity, and Copyright in the 21st Century through Hip-Hop". Arts 7, n.º 4 (22 de novembro de 2018): 86. http://dx.doi.org/10.3390/arts7040086.
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The inherent traits of digital media have challenged traditional understandings of artistic authorship and creativity. This division in understanding can clearly be observed in the popular culture context of hip-hop music. Hip-hop initially began with analog technologies such as vinyl record players, then transitioned to predominately digital mediums. This changeover in artistic mediums has been well documented by opposing viewpoints from hip-hop artists, consumers, record companies, and lawyers. By focusing on hip-hop for critical discussion on artistic authorship and creativity, art students can engage in discussion reflecting on their own artistic and online practices, and how these behaviors are legally supported or suppressed by copyright law.
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Lefèvre, Julia. "THE LAWYER IN THE AREA OF TENSION BETWEEN THE PUBLIC INTEREST-ORIENTED ADMINISTRATION OF JUSTICE AND FREEDOM TO EXERCISE THE PROFESSION, USING THE EXAMPLE OF ADVISORY ASSISTANCE – A PLEA FOR THE IMPORTANCE OF LEGAL FACT- FINDING STUDIES TO OBTAIN EMPIRICAL DATA". Studia Iuridica, n.º 98 (30 de setembro de 2023): 93–106. http://dx.doi.org/10.31338/2544-3135.si.2023-98.8.
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As part of his public interest-oriented function of administering justice, a lawyer in Germany must grant advisory assistance (Beratungshilfe) to needy litigants with low incomes on the basis of the legal obligation under § 49a para. 1 of the Federal Code of Lawyers (Bundesrechtsanwaltsordnung – BRAO) in accordance with the Advisory Assistance Act (Beratungshilfegesetz – BerHG). In return, he receives a lower, statutory remuneration claim. The obligation to take over a case with a limited claim to remuneration imposed by law infringes on the lawyer’s freedom to exercise his profession (Berufsausübungsfreiheit) pursuant to Article 12 para. 1 of the Basic Law (Grundgesetz – GG). Such an infringement is only reasonable (angemessen) if the lawyer receives reasonable compensation and it thus becomes constitutional. Legal studies and representative empirical data are required to determine the reasonableness (Angemessenheit).
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Stelmakh, Vladimir Yu. "Procedural Rights of a Representative of a Chamber of Lawyers in the Course of Investigative Actions Performed in Respect of Attorneys". Advocate’s practice 2 (20 de abril de 2023): 46–50. http://dx.doi.org/10.18572/1999-4826-2023-2-46-50.
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The article analyzes the procedural rights of the authorized representative of the Chamber of Lawyers as a participant in investigative actions, and the procedure for exercising these rights. It is argued that the participation of a representative of the bar chamber is aimed at ensuring the inviolability of information constituting a lawyer’s secret, and this circumstance determines the scope of the procedural rights of this subject. By participating in the conduct of the investigative action, the said subject represents the bar community, and cannot be considered either understood, nor as a specialist, nor as a lawyer or representative of the specific lawyer in respect of whom the investigative action is being carried out. The representative of the bar, on the one hand, defends the private interests of the bar community, and on the other hand, contributes to the implementation of public legal interests, ensuring the legality of the investigative action. On the basis of a systematic analysis of the law, the procedural rights are summarized and detailed, which the representative of the bar chamber is endowed with participation in investigative actions carried out against lawyers. Currently, these rights are systematized in a corporate act issued by the Federal Chamber of Lawyers of the Russian Federation. Taking into account the high significance, the feasibility of securing these procedural rights directly in federal legislative acts is justified.
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Thoreau, François. "La regulation des nanotechnologies. Clair-obscur normatif, by Stéphanie Lacour. Brussels: Larcier, 2010, 279 pp., € 55.00, Paperback." European Journal of Risk Regulation 2, n.º 3 (setembro de 2011): 459–60. http://dx.doi.org/10.1017/s1867299x00001525.
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A ‘clair-obscur’ normativity. In French, Historians of art use it when they refer to an abrupt association of zones made out of very dark shadows together with dazzling lights, like da Caravaggio used to paint. It applies successfully to nanotechnologies, which points out to this set of technologies that are being developed at a billionth of a meter. At this scale, matter shows new and unexpected properties, which could potentially lead the way to numerous applications but how do we regulate it? Lacour's edited volume should be of interest to lawyers and regulators interested in this subject. It borrows this formula of the clair-obscur to characterize a fluctuating normative environment which surrounds nanotechnologies’ development.
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Zubkov, S. B. "On the ‘Double Protection’ Issues". Actual Problems of Russian Law 19, n.º 6 (15 de março de 2024): 130–43. http://dx.doi.org/10.17803/1994-1471.2024.163.6.130-143.
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Based on regulatory sources, materials from the judicial and disciplinary practice of regional bar chambers, and bar instruments, the paper analyzes certain aspects of double protection, when a court appointed attorney participates in the case along with an arranged lawyer. In particular, the paper studies issues on the priority of legally protected values when deciding on the admissibility of ‘double protection’; on the degree of completeness and consistency of legal regulation of relevant legal relations in their legal and professional ethical context; on the validity of expanding the legal grounds for the participation of a court-appointed attorney; on the effect of the rule of Part 3 of Art. 50 of the Code of Criminal Procedure of the Russian Federation on the failure of a defense lawyer to appear within 5 days in relation to a court-appointed lawyer; on the possibility of challenging the courtappointed attorney due to their «low qualifications.» Given the incompleteness and inconsistency of regulation of this sphere, which is significant both legally and professionally and ethically, and taking into account the different tasks in the implementation of the functions of criminal proceedings by the bodies of inquiry and investigation, as well as the state prosecution — on the one hand, and the defense — on the other, it is important to find there is a certain regulatory balance in this area. It should also be taken into account that the institution of «double protection» in one way or another touches on the issue of conflict of public and private interests. According to the author, it is necessary to eliminate the incompleteness and inconsistency of the normative regulation of the institution of «double protection», develop unified approaches to the implementation of this institution by lawyers, ensure consistent corporate disciplinary practice in matters of bringing a lawyer to disciplinary liability, promote the unity of law enforcement practice in this matter by the bodies of inquiry and investigation and courts.
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Gerber, Paula. "How to Stop Engineers from Becoming “Bush Lawyers”: The Art of Teaching Law to Engineering and Construction Students". Journal of Legal Affairs and Dispute Resolution in Engineering and Construction 1, n.º 4 (novembro de 2009): 179–88. http://dx.doi.org/10.1061/(asce)1943-4162(2009)1:4(179).
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Høedt-Rasmussen, Inger, e Lise-Lotte Nielsen. "Lawyers in Opera: The Transformation of the Legal Profession". NAVEIÑ REET: Nordic Journal of Law and Social Research, n.º 5 (1 de dezembro de 2015): 63–82. http://dx.doi.org/10.7146/nnjlsr.v0i5.111080.
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For centuries lawyers, broadly understood as judges, notaries, legal officials and private practicing lawyers, have played important roles in society and been members of a strong profession possessing privileges. Also in operas, from the Italian Commedia dell’arte, ‘Il dottore’, to recent lawyer figures, judges, notaries, lawyers, courtrooms, prisons and legal cultures are exposed. These conditions have influenced the reputation of lawyers. This article contributes with reflections about lawyers’ identity through a fruitful inspiring collaboration between an opera singer and a legal scholar. At three levels of analysis, this explorative study searches for connections between societal requirements (what to do), professional requirements (how to act) and legal and ethical expectations of specific lawyer-like behaviour, morality and good citizenship (who to be). The article brings into a dialogue the world of law and the world of opera and compares the construction of lawyer identities in society with different lawyer roles in opera.
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Chartrand, Larry. "The Appropriateness of the Lawyer as Advocate in Contemporary Aboriginal Justice Initiatives". Alberta Law Review 33, n.º 4 (1 de agosto de 1995): 874. http://dx.doi.org/10.29173/alr1123.
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This article discusses circle sentencing as a means of addressing the high proportion of aboriginal offenders in the prison system and allowing aboriginal communities greater participation in sentencing decisions. The difficulties of continuing the lawyer's role as advocate, a primary duty of lawyers in this process, is also explored. Ultimately, it is the clients decision whether to allow community participation in sentencing. The article queries whether by allowing community involvement in decision-making, the lawyer is disregarding a commitment to act in the client's interests. For circle sentencing to be effective, not only must the lawyer relinquish the role of advocate, but equally importantly, the client must accept this non-adversarial role. Similarly, the function of the judge must change from passive neutrality to mediation. Until there is legislative reform, the extent to which aboriginal communities may be involved in the sentencing process rests within the judge's discretion.
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Sheveleva, Svetlana, e Elena Shatankova. "On freedom of will, coercion, manipulation in philosophy, psychology and law: towards the formulation of the problem". Russian Journal of Deviant Behavior 2, n.º 1 (28 de abril de 2022): 109–23. http://dx.doi.org/10.35750/2713-0622-2022-1-109-123.
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The issue of free will and the violence opposing it is of scientific interest for philosophers, psychologists, lawyers. Manipulation is a category related to violence, and it has mainly deserved a scientific explanation either as a method of social management in sociology and philosophy, or as a method of interaction between the state and society in political science. Lawyers have shown less interest in it. The expansion of «information warfare», the establishment of criminal liability for «fakes» under art. 2071, 2072 of the Criminal Code of the Russian Federation made a legal understanding of these categories particularly relevant. The purpose of this study is an attempt to «implement» achievements in the field of philosophy, psychology, political science into the canvas of modern criminal law to develop a functioning definition of the coercion, manipulation, responsibility, and their relationship with free will as the basic category of all normative legal acts. Therefore, the novelty of the presented research lies in the very formulation of the question.
The methodological basis of the research if the system-functional and existential-phenomenological method and the experimental method.
Novelty. Criminal law studies have not been conducted before through the lens of the correlation of free will, coercion and manipulation.
Results. Freedom of will in criminal law is the possibility of choosing a certain behavior, whether coercion or manipulation opposes it. It is important to understand that there can be no categories of semi-freedom in law, free will is postulated, it acts as a kind of legal fiction, axiom, hypothesis. Therefore, the emphasis shifts to the establishment of responsibility, based on the premise that the subject had sufficient free will, which is opposed either by coercion or manipulation. The latter can only act as a way of committing a crime. Coercion and manipulation in criminal law have the same structural elements, therefore, the analysis of the phenomenon of «manipulation» in criminal law is constructed through a similar category of «coercion», which has a developed conceptual and methodological apparatus.
Practical significance. The results of the study offer a new approach to solving a number of practical problems related to the conceptual apparatus of the criminal law.
The conclusions of the work can become a theoretical basis for the practical activities of lawyers practicing «risk-oriented approaches» in criminal law.
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Vilchyk, Tetyana. "DUTIES OF A LAWYER TO A COURT AND TO A CLIENT". Russian Law Journal 6, n.º 4 (1 de novembro de 2018): 62–99. http://dx.doi.org/10.17589/2309-8678-2018-6-4-62-99.
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The article provides a comparison of legislation of the United States, Australia, the EU and Ukraine regulating the legal status of a lawyer in the administration of justice mechanism, as well as an analysis the correlation of his duties to the court and to the client. The author recommends that a lawyer not act in a manner that best serves the interests of the client since this will put the course of justice and public confidence in the profession in a vulnerable position; attorneys have to inform clients that their duty to the court is of paramount importance. In case of improper performance of their professional duties, lawyers should be brought not only to corporate liability (disciplinary liability, which is established by the legislation of Ukraine), but also to the civil law (property) liability that is proposed to be established. It is necessary for Ukraine to introduce insurance institution against a lawyer’s property liability as a means of minimizing the negative consequences for a lawyer, assuming such liability results from an error and such lawyer is obliged to compensate the harm caused to the client.
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Avdeeva, G. "PROBLEMS OF THE IMPLEMENTATION OF THE RIGHTS OF CRIMINAL PROCEDURE PARTICIPANTS ON THE USE OF SPECIAL KNOWLEDGE IN THE CONDITIONS OF COMPETITIVE CRIMINAL PROCEDURE". Criminalistics and Forensics, n.º 64 (7 de maio de 2019): 223–32. http://dx.doi.org/10.33994/kndise.2019.64.19.
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А competition between the criminal procedure parties and equality rights in presentation their evidences to the court, the availability of accused right to defense himself are among the basic principles of legal procedure in Ukraine. Despite the fact that in Art. 22 of the Criminal Procedure Code of Ukraine states that «criminal proceedings are carried out on the basis of the adversarial procedure», the parties of criminal procedure in Ukraine do not have equaling rights and opportunities to gather evidence through the using of special knowledge. A law № 2147-19 inured at the end of 2017 in Ukraine. The changes in the Criminal procedure law and Ukraine law «About a forensic examination» banned for lawyers and investigators to choose theyselves an expert establishment or experts. Investigators, public prosecutors and advocates have a right only to send a request to the judge about needing of a forensic examination. A judge personally chooses expert establishment or an expert. It is a cause of the substantial lowing of rights of lawyers and investigators in the collecting of proofs. These problems of regulation of expert activity in Ukraine do not correspond to the competitive European principles of the court. Part of these problems can be resolved if in Ukraine will adopt the Project of law № 8249. It is proposed in this law to return rights for the investigators and lawyers, which allow them personally to attract of experts. Also it is proposed to allow to nonstate experts and other specialists to conduct forensic examinations. This will bring the legislation of Ukraine closer to the legislation of the member countries of the European Union and will allow the principle of equality of parties rights of criminal procedure. A competition between state and non-state experts will lead to an increase of the quality and scientific level of expert conclusions. Key words: criminal proceedings, special knowledge, competitive judiciary.
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Higgins, Andrew. "Referral fees – the business of access to justice". Legal Studies 32, n.º 1 (março de 2012): 109–31. http://dx.doi.org/10.1111/j.1748-121x.2011.00214.x.
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The paper examines the controversial issue of referral fees for personal injury claims. It looks at the function of referral fees in the civil justice system, their relationship to the guarantees of access to court and the right to seek legal assistance in ECHR Art 6, and the debate about promoting access to justice or a litigious society. It examines the experience of the referral fees market in England and Wales, where the costs of referrals have risen dramatically and there is concern that referrers are auctioning their customers to the highest bidder rather than helping them find competent lawyers. Sir Rupert Jackson recommended banning referral fees in his report on the costs of civil litigation, and the Government has announced it will implement this recommendation. The paper considers the potential effects of a ban on competition in the legal services market and its compatibility with UK and EU competition law. The paper argues that a combination of better regulation of the industry and proper regulation of costs rules is a better and more proportionate way of controlling legal costs and the quality of legal services than an outright ban. While referral fees have not delivered all the benefits one would expect from a for-profit independent referrals service, they can help people obtain information about their legal rights, and competent lawyers to enforce them. This service is particularly valuable given that the state has substantially cut public funding of the civil justice system in recent years.
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Pisarek, Jerzy. "Relationship between Experimental Mechanics of Solids and Safety Engineering". Solid State Phenomena 240 (agosto de 2015): 250–54. http://dx.doi.org/10.4028/www.scientific.net/ssp.240.250.
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Most incidents, serious incidents, accidents and disasters (catastrophes) connected with the irregular work of technical devices is caused by mechanical damage. Despite this, responses originating from the fields of psychology, sociology and medicine prevail in practical approaches to preventing accidents. In the author’s opinion this is the result of the low level technological knowledge amongst those involved in safety engineering. Technical education in the area of the mechanics is indispensable. A key part of this education, not just for engineers but also lawyers and others who work in safety regulation services, is explanatory experiments. In this article, the particular significance of scientific experiments in decreasing all factors posing a threat is shown. This article does not report concretely performed research, but rather attempts to propose a program of cooperation between different areas of the engineer’s art.
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Hoffmann, Jan Felix. "The Proprium of Property Law". European Property Law Journal 10, n.º 2-3 (1 de dezembro de 2021): 241–62. http://dx.doi.org/10.1515/eplj-2021-0012.
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Abstract Classical property law is not only losing economic relevance with the progressing dephysicalization of economic processes but is also increasingly perceived as a static field of private law, pursued by specialized lawyers working with rather inaccessible national concepts and dogmas that seem to have no significant relevance for the development of a digital economy. The mostly codification-driven comparative research on property law continues in the tradition of national property law codifications primarily addressing tangible objects. The research on property law should not restrict itself to this rather pragmatic approach, because in the end this arbitrarily delimits the concept of property law and reinforces the impression of classical property law only dealing with tangibles. Comparative property law should look beyond issues of codification and address the question of what is the essence of property law. Property law deals with the erga omnes effects of rights. It therefore not only addresses full-fledged property rights over movables or immovables but also covers partially absolute rights over these assets on the threshold to contract law. Property law also addresses absolute rights with regard to intangibles. This awareness should on one hand demand from any discussion on creating new (partially) absolute property rights to take notice of the state of the art of current (comparative) property law. It should on the other hand incite classical property lawyers to take part in these debates and to question the traditional concepts and principles in light of the new developments. Classical institutions of property law should be reconsidered from this point of view.
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Tangko, Lidwina Aprilliana Allo, Dirga Agung e Andi Dewi Pratiwi. "Penerapan Hukum terhadap Pelaku dan Korban Tindak pidana Obstruction of Justice". Alauddin Law Development Journal 5, n.º 2 (13 de agosto de 2023): 274–82. http://dx.doi.org/10.24252/aldev.v5i2.35685.
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Obstruction of Justice is an act classified as a criminal offense because it obstructs or hinders the legal process in a case. Lawyers in carrying out their professional duties are often associated with allegations of obstructing the legal process in cases involving their clients. The purpose of this writing is to understand the legal regulations regarding obstruction of justice in Indonesia and the characteristics of lawyer's conduct that can be classified as obstructing the legal process or obstruction of justice. The method used in this article is juridical normative. The research findings indicate that obstruction of justice is generally regulated in Article 221 of the Indonesian Criminal Code (KUHP) and specific legislation. A lawyer can lose their immunity and be considered to have committed obstruction of justice if such conduct is not based on good faith and unrelated to their professional duties.
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Martens, Lorna. "Framing an Accusation in Dialogue: Kafka’s Letter to His Father and Sarraute’s Childhood". European Journal of Life Writing 5 (28 de novembro de 2016): MC61—MC76. http://dx.doi.org/10.5463/ejlw.5.207.
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Kafka in the Letter to His Father mimics a courtroom trial with pleadings and rejoinders; Sarraute in Childhood tells her story in the form of a dialogue between herself and an initially confrontational, later complicit interlocutor. Curiously, both autobiographical texts have accusatory agendas. Kafka levels an accusation against his father, Sarraute against her mother. Following Rousseau, autobiographies that accuse others and/or vindicate the self are not rare, but the art of accusation is delicate: in order to stick and not boomerang on the writer, the accusation must be persuasively delivered. This paper examines how Kafka and Sarraute, both lawyers by profession, balance the dialogue form and the accusation. It is argued that each writer uses his or her version of the dialogue tactically, to accuse the parent while camouflaging the accusatory agenda, but in the end to win the case. This article was submitted on August 29th 2016, and published on November 28th, 2016.
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Pottage, Alain. "Law after Anthropology: Object and Technique in Roman Law". Theory, Culture & Society 31, n.º 2-3 (21 de janeiro de 2014): 147–66. http://dx.doi.org/10.1177/0263276413502239.
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Anthropological scholarship after Marilyn Strathern does something that might surprise lawyers schooled in the tradition of ‘law and society’, or ‘law in context’. Instead of construing law as an instrument of social forces, or as an expression of processes by which society maintains and reproduces itself, a new mode of anthropological enquiry focuses sharply on ‘law itself’, on what Annelise Riles calls the ‘technicalities’ of law. How might the legal scholar be inspired by this approach? In this article, I explore one possible way of approaching law after anthropology, which is to find within law’s own archive a set of resources for an analogous representation of law itself. Drawing on the historical scholarship of Yan Thomas, I suggest that the Roman conception of law as object offers an engaging counterpart to the anthropological take on law as a specific set of tools or, technicalities, or as a particular art of making relations.