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The article discusses the history of organized labor in the United States, focusing on the impact of the Taft-Hartley amendments to the National Labor Relations Act. It highlights the challenges faced by labor unions in both the private and public sectors, and the recent shift in public support for labor unions. The article also explores the potential implications of the Worker's Rights Amendment in Illinois, which elevates the right to collective bargaining to a constitutional level. The author, David Amerson, provides insights on how this constitutional amendment could reshape the landscape of worker democracy in the state. [Extracted from the article]

This article considers the law of confessions in England and the United States of America Supreme Court's Fourteenth amendment cases, with a focus on suspects who are vulnerable. The question that is asked in the piece of work is whether the English statutory provisions and the decisions of the US Supreme Court provide sufficient protection to vulnerable suspects who falsely confess to crimes. A novel approach is adopted with this comparative analysis as it extends the knowledge base by examining vulnerability and the law of confessions within two jurisdictional parameters. A further contribution to knowledge can be seen as the paper provides a bespoke piece of legislation that affords protection to such individuals, and thereby adds to the current debate on vulnerability in the criminal justice system. Firstly, the work critically examine why vulnerable suspects will falsely confess to criminal acts. It will be established that vulnerable suspects may confess even if they have not been coerced, and this will be the foundational basis for the suggested reform: a vulnerable suspects confession should be excluded as a result of their characteristics or that such individuals should be provided with mandatory legal advice. The focus will then turn to the extant position in England, where it will be revealed that confessions will be excluded if they have been obtained by unfair practices or through inhumane or degrading treatment. It will also be recognised that the English jurisdiction affords limited protection to vulnerable suspects even though they are entitled to legal advice and an appropriate adult being present. The US Supreme Court's position will then be evaluated by chronologically critiquing the use of the due process clause in cases of confessions. It will be identified that the vulnerability of the individual can be considered in determining whether a confession should be excluded but cannot be utilised in isolation of other factors. The two jurisdictions will then be critically compared and the positive and negative aspects of the law in the jurisdictions will be evaluated. It will be established that neither England nor the US Supreme provides sufficient protection to vulnerable suspects and the law requires further refinement, by placing priority on mandatory legal advice and/or an opportunity to exclude the confession. A de novo remedial statutory provision for England is provided as an effective solution to the issue of vulnerability and false confessions. [ABSTRACT FROM AUTHOR]

Over the last decade, there has been ample evidence reporting the lack of high-quality and compliant Individualized Education Programs (IEPs) in the United States. This problem has many consequences, including poor student outcomes and failure to follow legal due process. Despite these consequences, research has not thoroughly examined the perspectives and needs of special educators on IEP development or the role of pre-service training on special educators' ability to write high-quality, compliant IEPs. To address this gap, this study surveys 218 Pennsylvania special educators to examine their perspectives on the sufficiency of their pre-service training to write high-quality IEPs. Data on the types of training and support special educators need to successfully write IEPs were also gathered. Results provide information on needed teacher preparation program components, supports for in-service special educators when writing IEPs, and areas for future professional development. Implications and future directions for training on writing IEPs are discussed. [ABSTRACT FROM AUTHOR]

Criminal justice institutions are held to account in a number of ways yet there is limited knowledge as to how these systems of regulation function. One primary method for regulating systems of punishment is through the use of independent inspectorates, yet very little empirical research has explored how inspectorates engage with the organisations they inspect nor how inspection is received by inspected organisations. Procedural justice theory has been used to understand compliance with laws. It can also shed light on compliance with systems of accountability, although there is a dearth of research in this area. Thus, our understanding of how regulation works in situ is limited. This article uses procedural justice theory to analyse data that were collected in England and Wales to explore how His Majesty's Inspectorate of Probation garners legitimacy from those it inspects. The article suggests that the Inspectorate is seen to be trustworthy and impartial, treats people with respect and provides them with a voice although there is variance between groups. The article contributes to (1) our understanding of how regulation works in the field of probation and (2) procedural justice theory by exposing the mechanisms that underpin compliance with regulatory regimes in institutional settings. [ABSTRACT FROM AUTHOR]

Socio-legal ethnographies have focused largely on the dramaturgical themes present in the competing performances seen in adversarial trials. Drawing on ethnographic observations of British homicide investigations, we illuminate the hidden "backstage" space of prosecution barristers' case conferences. Using Goffman's dramaturgical framework, we analyze the interactions, deliberations, and negotiations that are enacted between barristers, homicide detectives, forensic scientists, and other specialists. To our knowledge, the work that happens in these conferences has never been documented. Our findings reveal how prosecution narratives evolve and are tested behind the scenes before being performed in court. We pay particular attention to the role of anticipatory work in guiding how criminal justice actors choreograph the prosecution case. The findings add to our understanding of narrative case building and elaborate Goffman's dramaturgical framework. We discuss the implications of our findings for due process. [ABSTRACT FROM AUTHOR]

Forms are vehicles that register the everyday. A bureaucratic form starts a dialogue between an individual and the State in a particular area of public administration. The visual design of bureaucratic forms shapes what is registered and how personal identity is documented in the eyes of the State. This article is situated in the field of administrative justice and argues that we must increase the scope for personal narrative in the design of bureaucratic forms. Meers notes that there has been no sustained research into application forms despite the importance of forms in the administration of the welfare state. By drawing on sociological scholarship on registration and narrative together with socio-legal scholarship on design, the ideas explored offers a novel and interdisciplinary approach to scholarship on the form of forms. [ABSTRACT FROM AUTHOR]

He spoke about the causes of the growing immigration court backlog, particularly the "imbalance in resources" between the court system and the immigration enforcement agencies that feed cases into the courts. Immigration court reform through the creation of an Article 1 immigration court or, in the alternative, legislation to allow USCIS to review (first) all applications for immigration status. Keywords: rule of law; due process; asylum; access to justice; immigration courts EN rule of law due process asylum access to justice immigration courts 228 237 10 07/25/23 20230601 NES 230601 This paper introduces a special collection of papers on access to justice, the rule of law, and due process in the US immigration system. US Immigration Courts, despite their challenges, represent a locus of due process in the US immigration system and "the first exposure of many immigrants to due process and the rule of law in the United States.". [Extracted from the article]

Jurisdictions across Australia have implemented a range of policies to tackle problems associated with alcohol consumption in and around licensed premises. One key measure, patron banning, has proliferated in various forms. Banning applies spatial restrictions and locational prohibitions upon recipients. It is typically predicated upon a presumed deterrent effect for both recipients and the wider community to reduce alcohol-related disorderly behaviors and to improve public safety. This article documents a mapping review of patron banning mechanisms across Australian jurisdictions, using an analysis of legislation, operational practices, policy documentation and reviews, published data, and research literature. The mapping review then frames an analysis of banning policy. Key conceptual and operational issues are discussed with respect to deterrence and community protection; displacement, diffusion, and isolation of effects; enforcement; due process and legitimacy; and the steady civilianization of punishment. Given the wide range and reach of banning mechanisms, there is an urgent need for specific empirical examination of the use and effect of spatial exclusion and prohibition across Australia's nighttime economy to inform policy development and refinement, to strengthen the assurance of due process, and to optimize the potential beneficial effects of patron banning. [ABSTRACT FROM AUTHOR]

Do citizens care about due process rights when holding insurgent groups accountable for violence? We examine public perceptions of justice and fairness in judicial proceedings brought against suspected Islamic State (ISIS) militants and their supporters in Mosul, Iraq. We conducted a survey of Mosul residents and people in ISIS-affiliated displacement camps outside Mosul to evaluate public support for detainee due process rights. Using a trial and punishment survey experiment, we find that Mosul residents, while favoring capital punishment for ISIS involvement, are also sensitive to procedural due process rights of the accused. People with self-reported ISIS affiliations, in contrast, are more concerned with substantive due process, and do not see capital punishment outcomes as fair, regardless of procedural considerations. Although rebel group sympathizers and opponents have clashing perspectives on what constitutes equitable punishment for participation in insurgency, both recognize the importance of due process rights to long-term peace and security. [ABSTRACT FROM AUTHOR]

Community Protection Notices (CPNs) are civil preventive orders used in England and Wales to prevent and/or require specific behaviour by an individual or organisation, where existing conduct has a 'detrimental impact on the quality of life of those in the locality'. Breach of the notice results in a £100 fine under a Fixed Penalty Notice or a possible criminal conviction. To date, CPNs have tackled an array of perceived anti-social behaviours, ranging from rough sleeping to overgrown gardens. Using Ashworth and Zedner's preventive justice as an analytical framework, our research qualitatively explores recipients' experiences of this new tool for the first time. The findings highlight how the operationalisation of CPNs extends the coercive power of the state, with a range of negative consequences relating to the concepts of disproportionality, due process and accountability. We also offer three empirically-grounded recommendations for reforming CPN practices. [ABSTRACT FROM AUTHOR]

Across Australia, patron banning measures address alcohol-related behavioral issues in entertainment districts. This article compares the legislative framing of Victoria's licensee barring order policy with the experiences of recipients. The rationale and operational expectations for licensee barring are examined in relation to key themes which emerged during parliamentary debates of the legislation, and contrasted with the reported experiences of recipients. The findings point to a disconnect between the expected and actual operation of licensee barring, an absence of oversight, and a tangible risk of misuse. Barring orders extend to ordinary citizens a unique police-enforceable power to punish, yet licensees currently act without scrutiny or accountability. A review of barring policy is recommended to ensure a robust process for effective monitoring, meaningful consequences for the misuse of barring powers, and deeper consideration of the attendant risks to due process and procedural justice of the civilianisation of punishment. [ABSTRACT FROM AUTHOR]

Until recently, legal challenges to the use of value-added models (VAMs) in evaluation and teacher employment decisions in federal court had been unsuccessful. However, in May 2017 a federal court in Texas ruled that plaintiff-teachers established a viable federal constitutional claim to challenge the use of VAMs as a means for their termination in Houston Federation of Teachers v. Houston Independent School District. Houston represents a significant departure from prior federal court rulings that upheld the constitutionality of VAMs to terminate teachers on the basis of poor performance. The Houston court found that the districts' refusals to release the underlying data of VAM ratings used to terminate those teachers violated the teachers' procedural due process rights. By denying access to the code, teachers could not protect against the government's making a mistaken deprivation of their property right to continued right to employment. The authors discuss Houston and its potential impact, limitations, and significance. [ABSTRACT FROM AUTHOR]

Courtrooms in the United States whether family court or criminal court fall far short of being either developmentally or trauma sensitive. While there is growing recognition that vulnerable child witnesses are at risk of retraumatization by court procedures and some judges have used their discretionary powers to render courtrooms less toxic to children, the system was designed by adults for adults, and certainly not for children. The court process especially in criminal trials does not typically take into account the developmental constraints of children nor do they fully understand trauma in children and the risks to testifying child witnesses. Humanistic psychology has long stood for social justice and compassion toward our most vulnerable humans, especially children, but the long and slow-to-change traditions of the court system in the United States creates an environment that is inhospitable to children and even older victims as illustrated by the low rate of prosecutions in rape cases. This article outlines the distressing conditions that await child victims/witnesses in this country in comparison with other developed countries and an innovative, out-of-the box solution that does not interfere with the rights of the accused. [ABSTRACT FROM AUTHOR]

As democracy advances in many regions throughout the world, it is often accompanied by increasing violence. Most cross-national analyses find that an inverted U-shaped relationship exists between homicide and democracy: homicide rates are highest in hybrid regimes and lowest in authoritarian and democratic regimes. While a fairly robust empirical result, little is known about why it exists. We identify a specific institution—due process—that cuts across regime types and effectively explains homicide. Due process generates a legitimacy that encourages individuals to use the justice system to settle disputes. A more effective criminal justice system also deters crime in the first place. Using a cross-national sample of eighty-nine countries between 2009 and 2014, we find a strong negative relationship between due process and homicide. Put simply, how states fight crime explains their success. [ABSTRACT FROM AUTHOR]

Although the process-based model of criminal justice has received substantial empirical attention, few previous studies have examined individuals embedded in a criminal lifestyle and at the most risk for future offending, and few have focused exclusively on female offenders. Employing structural equation modeling, the present study tests the process-based model of selfregulation among a sample of 694 incarcerated females. Specifically examined is the effect of perceptions of voice in respondents' most recent encounter with police on their perceptions of police procedural justice and the impact of respondents' procedural justice perceptions on their perceived obligation to obey the law. Results reveal support for the process-based model among serious female offenders, though the impact may be attenuated by increased experience with the criminal justice system. Policy implications are discussed. [ABSTRACT FROM AUTHOR]

Stipulating to be bound by an earlier claim construction decision has many advantages: it streamlines the case, saves time and money on litigation costs, and allows parties to focus their arguments on real areas of disagreement. However, sometimes parties that are looking for clarity will stipulate to an earlier claim construction, only to discover that an unforeseen consequence of that construction is fatal to their case. One pharmaceutical company learned this lesson the hard way, when it stipulated to be bound by a construction rendered in an earlier case involving a different defendant. The Federal Circuit ruled that the earlier construction had implications for a term not explicitly construed in the earlier case, thus defeating a non-infringement argument predicated on a new construction for that term. [ABSTRACT FROM AUTHOR]

Trust and confidence in such criminal justice institutions as the police is considered crucial for the successful functioning of society and to allow for greater voluntary compliance and cooperation with institutions of control. There is a plethora of existing research, however, that shows the often strained relationships between the police and particular ethnic minority groups in the UK, Europe and the US, with such groups exhibiting a great deal of mistrust and lack of cooperation. This article aims to add to this body of literature by presenting the findings of a case study that used quantitative and qualitative methods to explore new Polish migrants’ and established local residents’ trust in and cooperation with the police following a period of mass migration in a small working-class town in the north-west of England. The key results show that, contrary to expectations, Polish migrants in fact have greater trust in the police than do the more established local residents in the area. Notwithstanding this high confidence, Polish migrants remain reluctant to contact the police. Adding greater complexity to Tyler’s ‘normative’ model of police contact (Tyler, 2006; Tyler and Fagan, 2008), the article presents the nuances of police relations with majority and minority groups in this working-class town. [ABSTRACT FROM AUTHOR]

This paper introduces to punishment and society scholarship a new carceral framing of human rights in Russian prisons. Russian imprisonment remains elusive to prison scholars and ethnographers around the world. Moreover, on the subject of prisoners’ rights specifically, the scholarship is dominated by legal discourse. The empirical and theoretical scholarship that has developed over the last twenty years has argued that Russian imprisonment is exceptional in the study of world penal systems with the research seeking to gain a sense of this exceptionality through looking at the inertial legacies of Gulag penal culture on present day punishment forms. This article attempts to challenge this claim and will argue that specifically in the area of human rights, Russia has followed a not dissimilar carceral formation to Western prisons. Through an interrogation of the cultural, political and historical factors underpinning how rights are framed in Russian prisons the article suggests that human rights are operationalised as a lever for legal and penal control. This is a significant new finding in the study of Russian imprisonment because of the questions that arise around penal resilience, how rights and penal power develop through discourse and how global penal norms converge across jurisdictions. [ABSTRACT FROM AUTHOR]

Discoveries of wrongful convictions have increased substantially over the last several decades. During this period, practitioners and scholars have been advocating for the adoption of policies aimed at reducing the likelihood of convicting a person for a crime they did not commit. Implementing such policies are vitally important not only because they help ensure that the innocent do not receive unwarranted sanctions or that the guilty go unpunished but also because cases of wrongful conviction can erode public confidence in the criminal justice system and trust in the rule of law. To avoid such outcomes, many states have adopted policies through legislation that aim to reduce system errors. It remains unclear, however, why some states appear more willing to provide due process protections against wrongful convictions than others. Findings suggest that dimensions of racial politics may help explain the reluctance of some states to adopt protections against wrongful convictions. Specifically, interaction terms show that states with a Republican governor and a large African American population are the least likely to adopt policies aimed at protecting against wrongful convictions. We thus identify important differences in the political and social context between U.S. states that influence the adoption of criminal justice policies. [ABSTRACT FROM AUTHOR]

The article discusses the challenges faced by criminal justice system in securing a fair trial for an accused who has been the subject of widespread prejudicial publicity in Australia. Topics discussed include enactment of Criminal Procedure Act 1986; prejudicial impact of pre-trial publicity; and Juries (Prejudicial Publicity) Amendment Bill 2015.

Despite the undercurrents of rights protection in Hong Kong’s juvenile justice procedure, the ultimate goal remains punishment based on welfare needs. Drawing on in-depth interviews with 40 youth defendants and defence lawyers, this article will examine the ways in which youth defendants and defence lawyers negotiate the welfare and justice imperatives of the Hong Kong juvenile justice system and end up accepting the disciplinary welfare model. Publicly funded lawyers have become primarily plea mitigators, assisting the state in seeing to the welfare and ‘the best interests of the child’. A study of Hong Kong will lead to a broader understanding of how a welfare-oriented system can work in a time when juvenile justice systems around the world emphasize human rights, due process and children’s rights. [ABSTRACT FROM AUTHOR]

The article examines the New South Wales's Section 100 of the Crimes (Appeal and Review) Act 2001 which states that a retrial can be ordered by the Court of Criminal Appeal where a person was acquitted of a life sentence offence. It informs that doctrine of double jeopardy generally means that a person acquitted of a crime cannot be retried again for the same crime.

The requirement that juveniles be competent to stand trial prior to adjudication in juvenile court has only recently been solidified via case law and/or statutory law. It is currently unclear as to whether and how the presence of a specific juvenile competency to stand trial (CST) statute affects how court actors understand and make use of CST in a juvenile court context. Through interviews with 48 juvenile court officials across two states and three juvenile court jurisdictions, we find that the presence or absence of specific juvenile CST guidelines differentially shapes court officials’ perceptions of the legitimacy of CST concerns and consequently, their case processing strategies and decisions. This exploratory study serves to critically question the role of this new due process protection in a juvenile court context that presumes youthfulness or immaturity of offenders. [ABSTRACT FROM PUBLISHER]

Another example of the recent trend of departure from traditional criminal due process requirements in the 'terrorism era' is the increased use of 'closed court' hearings in relation to the introduction of evidence considered particularly sensitive with respect to national security. Typically, the person affected by the proceedings, and their chosen legal adviser, are excluded from such a hearing. This has many effects on the conduct of the trial as typically envisaged. For the purposes of this article, I will focus on two main effects: (a) the person does not get access to the evidence being led against them, and (b) their ability to cross-examine witnesses being used against them is removed. These developments contradict long-established and fundamental characteristics of proceedings in a criminal law trial in common law systems, such as the open court principle and the adversarial nature of proceedings. They also contradict the right to confront accusers, a right traceable to Roman times, and a feature of the British system for more than four centuries. They call into question the fairness of the proceeding. This article highlights the latest case law developments in key jurisdictions around the world before critically appraising trends evident in the recent jurisprudence. [ABSTRACT FROM AUTHOR]

The South African Constitution, like constitutions of other countries and international law, guarantees the right to a fair trial. Section 35(3) of the South African Constitution gives a non-exhaustive list of the rights that make up the right to a fair trial. The Constitutional Court held that an accused's right to a fair trial includes the right to be heard before the sentence is imposed. Recently, the Supreme Court of Appeal held that if the accused insists on his right to make submissions before the sentence is imposed, the court is obliged to allow him or her to make the submissions. The Constitutional Court also held recently that the right to a fair trial requires the court, if it contemplates increasing the accused's sentence, to give notice to the accused to make submissions on why the sentence should not be increased. Both courts developed common law. The purpose of this paper is to analyse the two judgments. [ABSTRACT FROM AUTHOR]

This article draws on a study of differential treatment of young people in the youth justice system to present a typology of styles of policing that contrasts procedural justice with adversarial policing. It considers the factors that can trap police in adversarial styles of policing and offers suggestions about how best to move towards policing grounded on principles of procedural justice. It argues that ideas about procedural justice may be able to gain more traction in times of austerity, given that changing policing style does not necessarily incur significant costs. [ABSTRACT FROM PUBLISHER]

The article focuses on rights-based scrutiny and the interpretation of legislation at the federal level within Australia. Topics include national scrutiny mechanisms for rights protection, the Australian Parliamentary Joint Committee on Human Rights, and the Australia's obligation to comply with the seven international human rights instruments.

The article investigates litigation, that is, due process hearings and court cases, in which high school exit exams and students with disabilities have been examined. It estimates implications from this litigation to aid inform school district officials about their responsibilities when applying high-stakes tests to students with disabilities.

This case describes the struggle of a small school employee association located in a right-to-work state as it attempts to continue exercising influence after a political turmoil caused the composition of the school board to change. This case presents many elements that foster discussion of basic employee rights such as freedom of association, free speech, and due process. As such, this case is designed for usage in educational leadership programs and is particularly pertinent to provoke discussions regarding school politics, employee association authority, preferences in hiring practices, and employee dismissal procedures. Students of educational leadership enrolled in school law, human resources, and/or multicultural education courses can engage in discussion of multiple aspects of course content. [ABSTRACT FROM AUTHOR]

The increasing number of special education-related lawsuits has become costly, time-consuming, and a strain on school-community relations--in short, an issue of growing concern to U. S. school systems. To identify factors associated with this type of litigation, this study analyzed data from one state's 10-year experience with due process special education cases. Interviews with special education directors provided further insight on conditions that seem to foster special education litigation and on strategies that could prevent it. [ABSTRACT FROM PUBLISHER]

The Law Commission published Consultation Paper No. 197 in October 2010 on unfitness to plead. This article will focus on the relationship between the proposed capacity test and the abolition of the defence of doli incapax for children aged 10 or above. [ABSTRACT FROM AUTHOR]

Since the mid-1990s, it has become increasingly clear that legislation, used to protect minors against harmful content in traditional media, is not suitable to regulate the drastically transformed digital media landscape in an efficient manner. In response to this situation, alternative regulatory instruments (ARIs), such as self- and co-regulation, have been incorporated in regulatory strategies to protect minors against harmful digital content. Notwithstanding the common misconception that ARIs function within a legal vacuum, the use of such instruments should comply with the broader legalframework, and more importantly, must respect a number of fundamental rights, such as the rights to freedom of expression, privacy, a fair trial and an effective remedy. This article focuses on the right to freedom of expression and aims to assess with which freedom of expression safeguards the ARIs must comply in order to guarantee the protection that this right entails. To achieve this, the article examines, on the one hand, the applicability of Article 10 ECHR with respect to ARIs, and, on the other hand, the fundamental rights issues that may arise both with respect to the involvement of private actors and the incorporation of technological tools in ARIs. [ABSTRACT FROM AUTHOR]

The article focuses on the suspect's right to counsel and obtain legal advice during police detention in Great Britain and Canada. It notes that as both the British and the Canadian supreme court recognize a detained suspect's right to a legal advice before being interviewed by the police, they have different approach. It tells that while British court treated the right as bound up with the right to silence, Canadian court treated it as simply as a way to ensure the interview is an informed one.

Singapore has developed a jurisprudence that death penalty and capital proceedings are no different from other minor criminal proceedings. Instead of scrutinizing criminal legislation on their substantive fairness, the courts have instead consistently restricted their adjudicative function to one of procedural assessment. In so doing, formalistic and textualist techniques are employed to achieve crime control ends at considerable expense of due process. This paper seeks to discuss the jurisprudence that has been moulded, and examines how much it has deviated from other Commonwealth jurisprudence. [ABSTRACT FROM AUTHOR]

A unanimous Supreme Court modified its previously strict holding forbidding reinterviewing a suspect after he invoked his right to counsel under Miranda. An initial request for an attorney no longer means that police can never reinitiate questioning. Questioning may be resumed when a suspect has returned to his normal life for some time before the later attempted interrogation. Once a break in custody occurs that is of sufficient duration to dissipate its coercive effects. It is permissible for detectives to reapproach suspects to inquire whether there is a change of heart regarding interrogation without counsel. Adequate breaks in custody suitably attenuate the inherently compelling and coercive pressures that existed during the original custodial interrogation. This decision militates against the finite Edwards presumption of an involuntary waiver of rights. [ABSTRACT FROM AUTHOR]

This article identifies and discusses examples of populist calls against punishment and for leniency--a phenomenon here termed 'populist leniency'. A penal moderate might find such populist opposition to punishment superficially appealing. However, drawing from Packer's classic models of the criminal process, it is argued that both populist leniency and penal populism express 'Crime Control' values, the view that the proper role of the criminal process (and criminal justice) is to protect 'law-abiding citizens' from dangerous others. Since 'Crime Control' does not advocate any net reduction in penal power (and if anything, quite the opposite), the article asks whether Packer's other model, 'Due Process', presents a more attractive potential resource for penal moderates, since this model offers a sceptical view of criminal justice, protecting individuals from unconstrained official power. [ABSTRACT FROM AUTHOR]

More and more, employers are relying on mandatory arbitration clauses in employment contracts to save them the time, money, and public image they might risk in traditional litigation. In this tight economy, many employees are assenting to these mandatory arbitration clauses to land a job, but submitting to arbitration is not the same as waiving one's constitutional right to due process of the law. Despite enjoying the concession of mandatory arbitration, employers are often reluctant to submit to electronic discovery in arbitration, claiming either that the digital data no longer exist, or that it would be too costly to comply with the discovery requests of the employee. This article illustrates that most of the evidence necessary to provide the employee with a full and fair hearing at arbitration is now created and stored in digital form. Therefore, arbitrators must require reasonable discovery as a fundamental provision of due process, because so much of this critical evidence is likely to exist solely in electronically stored information, which typically exists, conveniently and exclusively, within the control of employers only. To better inform employees of their e-discovery rights, the authors have surveyed and summarized the developing legal authority regarding e-discovery, and they have provided three actual, nonunion arbitrations to illustrate the electronic information that may be requested prior to an arbitration hearing. [ABSTRACT FROM AUTHOR]

The primary mechanism for dispute resolution under IDEA (Individuals with Disabilities Education Act) is a due process hearing. The total number of adjudicated hearings under IDEA has dropped from the high level during the latter part of the 1990s and the early part of the current decade. Yet relatively few jurisdictions, led by the District of Columbia and New York, account for the overwhelming majority of these decisions. This article presents the results of a state-by-state survey of the hearing officer system. This current "snapshot" identifies the key features, including (a) whether the system is one-tier or two-tiered; (b) whether the IHOs are part-time or full-time; (c) whether their legal background is primarily in law or special education; (d) which agency assigns them and its procedures for the assignment; and (e) what is the updated volume of adjudicated hearings--i.e., those conducted to completion resulting in a written decision. [ABSTRACT FROM AUTHOR]

Research and theory on the effects of fair procedures has gained popularity over the past decade. This is understandable given the inherent appeal of these ideas and the supporting evidence. Research suggests that authorities are able to secure compliance from subordinates when they use fair procedures and when they are viewed as legitimate. Unfortunately, empirical studies of procedural justice and legitimacy are hampered by weak measures of key theoretical constructs. The purpose of this study is to examine the measurement properties of procedural justice in a sample of inmates. Results show that a one-factor model of procedural justice fits the data well, though the authors find evidence of a method effect. Results also demonstrate important differences between the use of a summated procedural justice scale and a scale derived from a factor analysis. These findings illustrate the importance of paying careful attention to construct validity in measures of procedural justice. [ABSTRACT FROM AUTHOR]

The article examines the provision of limited scope legal services by the private profession in Australia. Topics discussed include use of community legal services, and self-help legal clinics; challenges faced by Self-represented parties; Professional ethical rules concerning the issue; and Australian legal system structures that maintain the traditional concept of 'all or nothing' legal representation.

The purpose of this manuscript is to provide the case study of a student with Emotional Behavioral Disorders (EBD) whose services were in dispute resulting in a due process hearing. Wally, age 12, resided with his mother and attended school in his local district. He had had a label of EBD since kindergarten. He had failed in multiple placements until his district tried a slow, careful process leading to full inclusion in the general education classroom. Following a year of success and a move to a new school, Wally again exhibited serious behavioral outbursts. At the District's expense and urging, his mother took him to a world famous psychiatric facility to obtain an evaluation. While there, he had serious aggressive outbursts and experienced a number of restraint and time-out situations resulting in his mother removing him without completion of the process. The District filed for hearing when Wally's mother refused to place him in a segregated facility for students with EBD and a return to the psychiatric hospital to complete the aborted evaluation to help determine where to place Wally [ABSTRACT FROM AUTHOR]

The article discusses the due process as an opportunity for educational practice improvement. It points out potential benefits of due process that the practice and professional literature frequently neglected. The authors offer due process case in a redacted and summarized version and the reasons of the need to for professionals to view the hearings of due process as instructive. Suggestions for educators to use the decision summaries' legal reviews effectively such as relying on due process opinions, reading such process for partnership promotion, and becoming well-versed for outcome improvement are also noted.

The number of due process hearings between parents of children with disabilities and school districts is growing nationwide. This litigation costs millions of dollars and destroys the relationships between the home and school envisioned during the creation of the Individuals with Disabilities Education Act. This article provides a discussion of the status of our nation with regard to conflict between families and school districts. Current dispute resolution procedures, such as due process, formal complaints, and mediation, are all discussed as they relate to this growing national problem. Information regarding resolution meetings and alternative dispute resolution strategies are also discussed, as well as recommended structures for practicing appropriate dispute resolution in special education. [ABSTRACT FROM AUTHOR]

This article is based on primary research conducted with children in community and custodial settings in Northern Ireland. It provides an analysis of the social, economic and political context in which children's rights are routinely breached. Presenting consultations with children in the community, the article considers the impact of negative assumptions, disrespect and exclusion from participation. It demonstrates how the rights of socially excluded and marginalized children are consistently undermined. Further, it draws on the experiences of children and the views of staff in considering the rights of children in custody. In conclusion, the article explores the contributions of critical analysis and rights-based discourses within an increasingly punitive climate. [ABSTRACT FROM AUTHOR]

In the Dayton Agreement that marked the end of the conflict in Bosnia and Herzegovina in 1995, the two entities comprising the state agreed to secure international human rights to all persons, including children. Thereafter, the Constitution accorded primacy to the European Convention on Human Rights over domestic law. Further, Bosnia looks toward the European Union with hope of membership. Thus, Bosnian criminal law is in the midst of reform to improve the situation of children in conflict with the law. Accordingly, the Strategy against Juvenile Offending was adopted to improve respect for children's rights. It foresees the adoption of a Juvenile Justice Act, the creation of a Juvenile Court, and the appointment of specialized professionals. Secondly, it recognizes that the effectiveness of a juvenile justice system depends on the availability of diversion and alternatives to judicial proceedings and criminal sanctions. This article analyses these two aims in the light of international standards and the need for rule of law reform. The problems experienced in implementing diversion, and local initiatives taken to rectify these shortcomings are also addressed. [ABSTRACT FROM AUTHOR]

This article attempts to set out a framework for understanding children's rights in the youth justice system. It distinguishes between the child's status and rights as offender, and the child's status and rights as child. It argues that at certain stages - namely, the margins of youth justice (the pre- and post-crime contexts) - the child's primary status is child, and hence his/her rights as a child should have primacy. It applies the framework set out in part one to the post-crime margin, specifi cally to the use of intensive fostering as part of a community sentence, to children in custody, and to children leaving custody. It considers some of the children's rights issues which arise here. [ABSTRACT FROM AUTHOR]

New Zealand's youth justice system has been lauded internationally for its restorative and diversionary approach to youth justice. This article takes a fresh perspective to youth justice in New Zealand, namely that of children's rights. Using the Convention on the Rights of the Child (CRC) and associated international standards as benchmarks, this article argues that although the system has many positive aspects in its design, there are difficulties in implementation, especially in relation to checks on discretion. This article also queries whether the future direction of the New Zealand youth justice system, especially the increased emphasis on restorative justice, is positive for children. [ABSTRACT FROM AUTHOR]

This article by the Council of Europe Commissioner for Human Rights explains the importance of ensuring that juvenile justice approaches incorporate compliance with children's rights standards in the United Nations and the Council of Europe. It explains the importance of a high age of criminal responsibility, the incorporation into juvenile justice systems of education, reintegration and rehabilitation, and the need to ensure that detention is a last resort. The importance of ensuring that children receive a prompt and a fair trial is also highlighted. The article concludes with reference to measures being adopted by the Council of Europe to secure the rights of children in conflict with the law. [ABSTRACT FROM AUTHOR]

The author reflects on the impact of reform experienced by the juvenile courts on the operations of the juvenile justice system. The author outlines the major areas of concern including the insufficient enforcement of due process rights and inadequate treatment and rehabilitation services. The author emphasizes that efforts to better protect citizens and hold delinquent youth accountable for their actions were demonstrated at the Juvenile Accountability Incentive Block Grants Act in 1997.