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Background: The work examines the results and conclusions of the roundtable held on May 24, 2023, within the framework of the research project. The participants of the event discussed the main challenges that the Ukrainian government will face after the war when restoring the economy. The war and Ukraine's expected victory should significantly change the geopolitical and economic situation in the world, change the understanding of energy as a weapon, and thus, create a guarantee of energy independence for the entire European continent. Scholars, policy makers, scientists, and practitioners joined together in discussion about addressing the needs of Ukraine after the victory, during the reconstruction phase. The participants noted the inevitability of institutional changes in the Ukrainian state, which is required by the future accession to the EU and NATO. However, in addition to economic challenges, Ukraine will face a complex of significant post-war problems: ensuring social stability, restoring infrastructure, ensuring the integration of the military into peaceful life, restoring the ecology of the territories where military operations were conducted, and significantly reforming the judicial system. Results and Conclusions: The policy paper concerning Ukraine's reconstruction efforts was announced as a result of the roundtable. It was highlighted that, to establish a future regional infrastructure and foster a win-win business perspective, it is crucial to engage in practical discussions with the Romanian government and private companies. Creating a shared business platform would facilitate the transition from expressing interests to direct participation in the recovery process. To achieve broader reconstruction goals, it is essential to involve other Western industry actors from countries like Germany, France, Italy, the U.S., the UK, Poland, Norway, etc., with their financial, technological, and implementation capabilities. [ABSTRACT FROM AUTHOR]

The text presents the thesis that the emphasis on the functionality of the judiciary is the only legitimate basis on which we can impose a disciplinary sanction or some special obligation on a judge that he or she would not have as an ordinary citizen. The requirement to preserve public confidence or judicial dignity should only be given an instrumental value, which is derived from the fact that it contributes to the good functioning of the judiciary. The two concepts just mentioned are in many respects vague and, without further clarification, open up too much room for possible arbitrariness and the exertion of harmful pressure on judges. The author therefore considers the relationship between dignity and the observance of etiquette as its possible content. The text thus provides a comprehensive view of what the purpose of disciplinary and professional responsibility is and what its limits are. Ultimately, the ideas presented can be generalized and applied to other legal professions. [ABSTRACT FROM AUTHOR]

The paper presents the results of the next stage of a comprehensive study concerning Russian state-legal doctrines in the 19th and early 20th centuries, taken in the triune of the external form of their expression: in dissertations, in monographs and in scientific papers of the periodical legal press. The authors analyzed the content and results of publication of monographs and the most famous papers published by prerevolutionary Russian political scientists on key aspects of the state (constitutional) law science. Data are presented on the main priority areas of research, poorly developed fields of public law science, the laws of genesis and evolution, respectively, of monographic and periodical state-legal doctrines. The methodology proposed for the identification, analysis and general theoretical evaluation of state-legal doctrines has every reason to be applied for obtaining comprehensive knowledge of other branch pre-revolutionary legal doctrines. [ABSTRACT FROM AUTHOR]

The paper presents the course of the discussion of Edmund Krzymuski's essay on crimes against life and health, which took place as part of the Section of Substantive Criminal Law of the Codification Commission of the Republic of Poland in June 24-27, 1920. The article focuses on the main threads of the referent's questionnaire and is devoted i.a., to the crimes of murder, bodily harm, incitement to suicide, or the killing of a fetus. The work highlights both Krzymuski's proposals, as well as different concepts supported by other members of the Section, which were included in the draft criminal code of 1932. That discussion was significant because most of these solutions are still in force today in the Polish legal system. The article also attempts to answer whether the circumstances related to the referent's proposals could have influenced his decision to resign from further work within the Substantive Criminal Law Section of the Codification Commission of the Republic of Poland. [ABSTRACT FROM AUTHOR]

This research proposes a theoretical model of judicial decision- making that Integrates Individual-level focal concerns perspective with the contextual influences of racial threat. Relying upon a large sample of felony court data, the study examines the interaction between court context, Individual offense/offender characteristics and corresponding sentencing outcomes. Findings suggest that courts processing a high volume of threatening populations are more likely to sentence defendants to prison and Impose sentences of greater length than courts that process a relatively low volume of threatening populations. [ABSTRACT FROM AUTHOR]

The editorial team of the Israeli National Legislation Database endeavored to locate all the proclamations, ordinances, and 'Orders in Council' published from the beginning of the British military regime in Palestine to the last 'hidden laws' published in the waning days of the British Mandate. These documents complete the historical information on Israel state laws and shed light on the initial establishment of the legal and judicial system in Palestine, before the establishment of the State of Israel. In this paper, we describe the development of legislation under British regime, from 1917 to the establishment of the State of Israel in 1948. We introduce the three figures who played key roles in regulating the legislative system: Orme Bigland Clark, Norman Bentwich, and Sir Robert Harry Drayton, and describe the legislative process that was developed and the legislative procedures that prevailed at the time. The legal framework of this period, alongside the remaining Ottoman legislation, formed a solid basis for the legislative system and process for the Provisional State Council and subsequently, the Knesset. [ABSTRACT FROM AUTHOR]

Using Andreani's method, any single document in the State Papers or Cecil Papers can be read not only as a site of collaborative authorship, but also as a locus of Elizabethan bureaucratic processes. Building on her earlier work on diplomatic letters at court, Andreani traces the work of those 'appointed to pen, copy, engross, store, and seal the royal correspondence' (9). The years 1590 to 1596, the timespan covered by this study, denote the time that elapsed between Francis Walsingham's death and Robert Cecil's occupation of the role of principal secretary. [Extracted from the article]

Copyright of Persona y Derecho is the property of Servicio de Publicaciones de la Universidad de Navarra, S.A. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The International Journal for Court Administration published an article about the JAR-Association Inaugural Conference. The conference aimed to promote multidisciplinary research and exchanges of experience in the field of justice administration. Due to COVID-19 restrictions, the conference took place online, but selected papers from the conference are presented in this special edition. The papers cover topics such as the effective management of judicial resources and the use of technology in court activities. The articles provide insights from different jurisdictions and reflect the broad reach of judicial administration studies. [Extracted from the article]

The article focuses on the inaugural session of the International Memorial Course Marko Petrak, dedicated to Roman Legal Tradition and Contemporary Legal Systems, held at the Inter-University Centre in Dubrovnik from October 16th to 18th, 2023. Topics include the organization of the course in memory of the late professor Marko Petrak, co-directors from various European universities, and the diverse participation of students, professors, and scholars from different European countries.

This paper provides a comprehensive analysis of the challenges and advancements in Moldova's justice system reform, particularly in the context of achieving Sustainable Development Goals (SDGs). It delves into the pivotal role of the Moldovan justice system in governance and societal well-being, highlighting how its efficiency, transparency, and accessibility are essential for democracy, reducing corruption, and building public trust. The paper examines Moldova's ongoing struggles with judicial independence, corruption, and resource limitations, exacerbated by its post-Soviet transition and the need for alignment with European standards. The relevance of SDG 16, which focuses on promoting peaceful and inclusive societies, access to justice, and building effective institutions, is underscored as a key framework for Moldova's judicial reforms. The paper argues that aligning Moldova's justice system with SDG 16 is not only strategically necessary but also an ethical obligation. Improving the judicial system could lead to significant advancements in reducing corruption, enhancing public trust, and creating a stable legal environment conducive to economic growth and societal wellbeing. The paper also highlights the well-established link between an effective justice system and broader sustainable development goals in the literature. It includes a thorough literature review, analysis of justice financing in relation to SDGs, a discussion of Moldova's specific challenges, and concludes with policy recommendations and future research directions. This exploration aims to provide a nuanced understanding of Moldova's justice system reforms and their critical role in the nation's journey towards sustainable development. [ABSTRACT FROM AUTHOR]

This paper explores the evidentiary significance of blockchain records and the procedural implications of integrating this technology into the U.S. judicial system, as several states have undertaken legislative measures to facilitate the admissibility of blockchain evidence. We employ a comprehensive methodological approach, including legislative analysis, comparative case law analysis, technical examination of blockchain mechanics, and stakeholder engagement. Our study suggests that blockchain evidence may be categorized as hearsay exceptions or non-hearsay, depending on the specific characteristics of the records. The paper proposes a specialized consensus mechanism for standardizing blockchain evidence authentication and outlines strategies to enhance the technology's trustworthiness. It also highlights the importance of expert testimony in clarifying blockchain's technical aspects for legal contexts. This study contributes to understanding blockchain's integration into judicial systems, emphasizing the need for a comprehensive approach to its admissibility and reliability as evidence. It bridges the gap between technology and law, offering a blueprint for standardizing legal approaches to blockchain and urging ethical and transparent technology use. [ABSTRACT FROM AUTHOR]

The article presents author's views on the corporate defense counsel and the requirement of protection for German and other foreign companies against trials in the U.S. courts. The lack of lis pendens rule in the global litigation landscape and the need of widening the declaratory judgment in judicial system are discussed. He also mentions about the traditional wisdom of American litigation in Europe.

The essay focuses on the way Swedish lay judges describe their role in the judicial system and in relation to the law, and what meanings and understandings these descriptions express. The study is based on four focus group interviews and five individual interviews with lay judges. The lay judges are appointed by political parties and usually are members of the appointing parties, but despite that they dispute the idea that their role as lay judges is related to their political standpoints. Several respondents indicate that lay judges ideally stand for what the author labels "the policy of the decent citizen". When describing the deliberation process in the court room, there is a general tendency among respondents to refer to legal decision-making as "arbitration", where different bids are presented and consensus is reached on the final verdict. Indeed, the respondents seem to equate the idea of justice itself with that of consensus. The author concludes that his respondents, in their aspiration for consensus in legal conclusions, reconstruct the view of law and justice as something absolute and complete -- although they express that there can be varying judicial opinions below the surface. [ABSTRACT FROM AUTHOR]

Various reasons explain why Europe lags behind the United States in empirical legal studies. One of them is a scarcity of available data on judicial decision making, even at the highest levels of adjudication. By institutional design, civil‐law judges have lower personal profiles than their common‐law counterparts. Hence very few empirical data are available on how courts are composed and how that composition changes over time. The present project remedies that by easing access to such data and lowering the threshold for empirical studies on judicial behavior. This paper introduces the German Federal Courts Dataset (GFCD) as a resource for empirical legal scholars, with the objective of inspiring more European lawyers to engage with empirical aspects of civil‐law adjudication. To that end, several thousand pages of German court documentation were digitized, transcribed into machine‐readable tables (ready to be imported into statistics software), and published online (www.richter-im-internet.de). To simultaneously explore innovative ways of sharing public‐domain datasets, the data were modeled as linked open data and imported into the Wikidata repository for use in any computational application. [ABSTRACT FROM AUTHOR]

Copyright of Przeglad Sejmowy is the property of Kancelaria Sejmu and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

On the fifth of February 2022, a man gruesomely murdered his seventeen-year-old wife, Mona Heydari, in a city in a southern province of Iran. The man then shocked bystanders by strolling in public spaces while carrying his wife's severed head. This paper focuses on the case of Mona's killing and investigates the state, media, and online user-created reactions to the incident. The paper aims to (i) offer an in-depth exploration of himpathy with the perpetrator and (ii) investigate the role of the law and the state in the normalization and perpetuation of violence committed by men against women in the name of 'honor.' This paper extends the usage of the concept of himpathy (by Manne, 2017) as a cluster of biases that direct sympathy towards men who commit violence against women to the institutional and legal realms. It also draws on the traditional notion of gheirat, referring to protecting one's 'honor,' and explores its role in Iranian law to show that the Iranian legal system hinges upon it, therefore legitimating misogyny and femicide. [ABSTRACT FROM AUTHOR]

The research dealt with studying the concept of federalism by defining it jurisprudentially and legally and determining the meanings of federalism according to the concept of some constitutional writers and jurists. The research dealt with identifying the most important characteristics of the legal system of federalism by stating the independence. This research paper reached a set of results, the most important of which is the right to independence of federal jurisdictions, which distinguishes this system from the system of administrative decentralization. The paper also suggested that it is necessary to create a balance between the federal authorities and the regional authorities in order to exclude the tendency to provocation or control on the part of the center or the central government. [ABSTRACT FROM AUTHOR]

Sociologist Niklas Luhmann argued that the law functions as society's immune system by regulating conflicts that threaten the certainty of expectation structures. In this article, we argue that law itself has become a target of new social immune mechanisms. Since the 1980s, welfare states have increasingly seen their own structures as a threat. Today, the ideal is a public sector consisting of organizations that constantly emerge anew by selecting the structures that fit each specific moment, case, and citizen. To protect public sector organizations against their own structures, 'potentialization' now functions as a social autoimmune mechanism by initiating a constant search for new openings and possibilities. This critique of structures includes a critique of legal structures like rights. Looking at the Danish law of early retirement as our empirical case, this paper analyzes, how the tension between law and 'potentialization' is built into the law itself. While the law gives citizens certain rights to early retirement, it simultaneously 'protects' against the same rights by potentializing citizens. 'Potentialization' here functions as a mechanism that protects the operations of a system against its legal structures. It functions by 'un-relating' those operations from the structures. This means that when citizens claim their right to pensions, the social workers can reject them on the grounds of a right to a future that is not foreclosed and 'parked' on a pension. The paper's contribution is to show how potentialization works by dissolving even fundamental legal expectations. This profoundly transforms the relationship between the citizen and the public sector. [ABSTRACT FROM AUTHOR]

The transition towards sustainable and just food systems is ongoing, illustrated by an increasing number of initiatives that try to address unsustainable practices and social injustices. Insights are needed into what a just transition entails in order to critically engage with plural and potentially conflicting justice conceptualisations. Researchers play an active role in food system transitions, but it is unclear which conceptualisations and principles of justice they enact when writing about food system initiatives. To fill this gap this paper investigates: Which conceptualisations of justice emerge from the literature related to food system initiatives and which principles of justice do authors use? We developed an initial framework for which we drew on political philosophy literature. We then undertook an extensive review of the food system transitions literature using this framework and were able to identify a range of recognition, distributive, and procedural justice conceptualisations and associated principles of justice. Recognised as subjects of justice were those with a particular role in the food system, people who are marginalised, Indigenous communities, those with experiences of negative consequences of the food system, future generations, and nonhumans. The identified conceptualisations and the developed framework can be used by those involved in food system initiatives to reflect on how they conceptualise justice. We challenge them to be more explicit about who they do and do not recognise as subjects of justice and which principles of justice they use. Such clarity is needed to reflexively enact a just transition towards sustainable and just food systems. [ABSTRACT FROM AUTHOR]

It is common to focus on the number of professional judges per capita when assessing the need for judges in various countries. The EU Rule of Law Report is just one example of this tendency. This simple indicator does not, however, consider that the demand for justice in different countries may vary quite a lot because of socio-economic factors. This paper seeks to identify such factors and applies them to produce an alternative indicator for judicial need. The alternative indicator does not depend upon the number of cases reported (to European Commission for the Efficiency of Justice - CEPEJ) by any country. Furthermore, the indicator does not (naively) assume that population size is the only variable that matters when assessing the number of judges. The approach recognizes that social, demographic, political and economic variables have a substantial impact on judicial workload, and thus the need for judges. Even with this "improved" comparative measure of judicial needs, however, any serious assessment of judicial needs will have to go much deeper into the analysis of the specific characteristics of the judicial system in question, since the European judicial systems come in so many variants. [ABSTRACT FROM AUTHOR]

Purpose: The purpose of this paper is to investigate the practices of information and communication technology (ICT) in modernizing the courts. In this context, this paper focuses on the usage of ICT in the Nepali judiciary system involving both judicial and court administration to automate judicial activities. Design/methodology/approach: A narrative case study was conducted to identify the current status of technology in the judiciary system concerning court automation and administration. The information was gathered from justice, case registration officer, bench officer and admin personnel. Findings: This study shows that technological intervention is made in the Nepali judiciary to automate judicial activities. The judicial activities, such as case registration, case automation, case hearing, the decision of cases and cause list, are of high priority and are managed through case management software. Furthermore, it demands an innovative learning environment within the judiciary to strengthen the capacity of the employees of the judiciary in the field of ICT. Research limitations/implications: This study anticipates the participant's perception and practical aspects of technology to modernize the courts to provide better and more effective service to its stakeholders. This study carried out the perceptions of the justice, bench officer, case registration officer and admin personnel. The voice of the other stakeholders was not carried out. Practical implications: This paper establishes the practical aspects of ICT in modernizing the courts to provide better services to its stakeholders. It also replicates the status of ICT in the Nepali judiciary. Originality/value: This paper tries to establish the practical implications of ICT along with its importance in the judiciary of Nepal. [ABSTRACT FROM AUTHOR]

There are at least two ways to argue for the view that the outcome of one's actions does not affect one's blameworthiness. The first way appeals to the 'Control Principle' while the second way relies on what it means to be blameworthy. The focus of this paper is on a recent attempt at pursuing this second way that relies on an account of blameworthiness dubbed the 'Engagement View'. This paper argues, however, that the Engagement View alone is insufficient to show why the outcomes of one's actions does not affect one's blameworthiness. It argues that if blame is understood more robustly as involving reactive attitudes like resentment and indignation, then it turns out the Engagement View can also give us reasons for the contrary view. This paper ends by drawing out some general implications that this has on our understanding of blameworthiness. [ABSTRACT FROM AUTHOR]

Copyright of Retos: Nuevas Perspectivas de Educación Física, Deporte y Recreación is the property of Federacion Espanola de Asociaciones de Docentes de Educacion Fisica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article discusses the contribution of Temple University law professor Edward Ohlbaum to trial advocacy knowledge and instruction; presents the Edward Ohlbaum Annual Paper in Advocacy Scholarship and discusses the history of advocacy instruction, advocacy writing, and changes in U.S. law education. It mentions the work of Ohlbaum and his advocacy for the American justice system and of children's rights.

This paper offers a summary of a discussion on the definition of a vulnerable witness, a subject extensively explored by the author in her book 'The Vulnerable Witness in the Practice of International and Hybrid Courts.' While the paper specifically addresses trauma as a factor in determining witness vulnerability, the book encompasses a wider examination of various factors that contribute to the classification of a witness as vulnerable. Despite the frequent use of the term 'vulnerable witness', a clear and comprehensive understanding of its scope remains elusive. The discretion exercised by legal practitioners, especially judges, prosecutors, and investigators, in deciding whether to classify a witness as vulnerable, elicits concerns regarding the justice system's capacity to meet the genuine needs of these individuals. There is a risk that the incorrect use of mechanisms intended for this group may compromise their welfare. Very often, it is precisely these witnesses who are pivotal in ascertaining the truth, owing to their direct knowledge of the facts concerning the events being investigated. Given the international community's recognition of the threat to vulnerable witnesses and the need for special protection, this paper contributes to the discourse by examining key elements critical to the effective treatment of vulnerable witnesses in the context of criminal proceedings involving violations of international humanitarian law. [ABSTRACT FROM AUTHOR]

In 1785, Joseph II set out to introduce „a new judicial order" (Novus ordo iudiciarius) in the Kingdom of Hungary and its neighbouring lands (Regnum Hungariae partes et eiusdem adnexas), as well as the Grand Principality of Transylvania (Magnus Principatus Transilvaniae). As a result of the Emperor's comprehensive and rapid judicial reform, which went against the historical constitution of the country and was therefore opposed by Hungarian and Transylvanian estates, new subordinate or subaltern (first-instance) courts (iudicia subalterna) were established in Hungary and Transylvania. On 1 September 1787, 38 courts in the Kingdom of Hungary and its neighbouring lands and 11 courts in the Grand Principality of Transylvania officially had to start their operation. The new judicial bodies took over the place of the former country courts (sedes iudiciariae i. e., sedriae), which were terminated on 31 August 1787. Although the iudicia subalterna were „short-lived" because the entire judicial system known as Novus ordo or Justitia Josephina collapsed in 1790, shortly after the death of Joseph II, the more in-depth examination of the josefinist first-instance courts is still considered a research field that has not been fully explored yet. However, the new judicial reform removed the sedriae, in fact, the distinction between iudicia subalterna and sedriae was not as sharp as it appeared, at first glance, from the rules related to the new first-instance courts. By analyzing archival sources of some iudicia subalterna and relevant secondary literature, the paper aims to shed light on the dual nature of these courts. The research uses the term „two-faced" to describe how the dividing line between iudicia subalterna and sedriae, royal court and municipal court, politica and iuridica could become blurred in Novus ordo. To illustrate this phenomenon, the paper primarily relies on the general concepts applied in studies that focus on the history of the court system and it uses the various names of the iudicia subalterna as a guideline. [ABSTRACT FROM AUTHOR]

The visibility of transgender athletes in elite sport recently prompted concern surrounding the potential competitive advantages for transgender women who underwent through male puberty before transitioning. In the United States, several states passed legislation banning transgender women from high school and/or college sport for the purpose of removing this advantage and keeping sport equitable for cisgender women. While these laws seek to protect women's sports, does the exclusion of transgender athletes from sports connected to their chosen gender identity lead to another form of sex discrimination? This paper addresses the legality of transgender participation bans and related lawsuits. As these legislative changes and the lawsuits challenging them are on-going, this paper presents a snapshot and assessment of these policies in the United States in 2021, whether they are likely to withstand challenge under the current legal system, and how sport organizations may respond when the law is not clear. [ABSTRACT FROM AUTHOR]

Copyright of Central European Public Administration Review is the property of University of Ljubljana, Faculty of Public Administration and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Purpose: The purpose of this paper is to identify and discuss impediments in the compilation of an application for a search and seizure warrant for digital evidence and the structure of such a warrant in South African criminal cases. Design/methodology/approach: This paper provides a brief overview of international and local impediments, followed by a detailed discussion of the implications of these impediments and how it is approached in various jurisdictions. The methodology of this paper consists of a literature review. Findings: Addressing the impediments in the compilation of the application and the warrant will be beneficial for forensic investigators, the South African Police Service (SAPS) and the administration of justice in South Africa. Research limitations/implications: Search and seizures for digital evidence form part of civil, regulatory and criminal search and seizures. This study focuses on the search and seizure of digital evidence in criminal matters pursuant to mainly the provisions of the Criminal Procedure Act 51 of 1977 and the Cybercrimes Act 19 of 2020. Originality/value: The originality of this paper lies in the approach to the drafting of applications for search and seizure warrants for digital information in South Africa. The contribution of the study is that, by using this approach, the SAPS can address the impediments during the application and compilation of the warrants, which would enhance the quality of investigations and contribute to the successful investigation and prosecution of crime in South Africa. [ABSTRACT FROM AUTHOR]

The current paper explores the theoretical and empirical capacity of developmental and life-course criminology (DLC) to further our understanding of non-lethal intimate partner violence (IPV) and femicide. Drawing on Sampson and Laub's age-graded theory and Moffitt's dual taxonomy, the paper delves into empirical research that has identified and examined the overlap between general offending and IPV, highlighting how these DLC theoretical frameworks could provide insight into non-lethal IPV and femicide. We also outline the ways in which these DLC perspectives are challenged to fully address the gendered nature of IPV and less able to provide an empirical and theoretical understanding of the role of power and control by men over their women partners. We then place these frameworks within the global impact of the COVID-19 pandemic on gender-based violence, including femicide. While the COVID-19 lockdowns increased vulnerability to IPV and increased homicide in the United States, the expected rise in femicide did not materialize—at least within the United States, prompting questions about the extent to which existing criminological theories are able to provide a framework for these types of crime trends during unprecedented events. We examine the way non-lethal and lethal IPV are shaped by different factors as outlined in Moffitt's dual taxonomy. The pandemic for example did not create increased psychopathy (i.e., affective and personality disorders) associated with the risk for femicide, but the COVID-19 pandemic and the subsequent lockdowns did create increased economic and family stressors, which placed many at-risk women and children in further social isolation, and reduced access to victim services. We conclude a need for further theoretical development surrounding femicide, integrating developmental and life-course perspectives, thereby emphasizing the need for refined frameworks to address the intricate dynamics of violence against women globally. [ABSTRACT FROM AUTHOR]

In the 21st century, people are trying alternative methods for solving their disputes instead of the traditional legal system, these methods and systems are called Alternative dispute resolution methods. These alternative methods are known by various names such as mediation, arbitration, and conciliation. It has deep roots in Pakistan's history, it is known by the name of jirgas and panchayat, but such mechanisms had no legal status. To give legal status to it, new laws have been introduced by the parliament to establish a legal body for solving community-level disputes, and it is now known as the Dispute Resolution Council (DRC). DRCs have become a well-liked and practical method for settling disputes in the community. It has community representatives and leaders who offer quick and convenient ways to resolve disputes as compared to the traditional legal system. However, despite its recognition and acceptance in the community, It still faces several problems and challenges, that need to be addressed to increase the effectiveness of the DRCs. To find these challenges and issues, the researcher has used the qualitative method for finding the answers to the research questions. Among the difficulties that are identified are a lack of trained staff, proper funding, low awareness in the public and confidence, lack of expertise to deal with complex issues, and likeness in the appointment of the members. It is suggested in the research paper that the government should allocate proper funding to the DRCs, arrange proper training for the members of the members, enhance public awareness and confidence, better interaction with the formal judicial system, strong monitoring system, and proper legislation for the appointment of its members. These suggestions if put into practice will guarantee that DRCs in Pakistan offer the citizens easy, accessible, cheap, and effective justice. [ABSTRACT FROM AUTHOR]

The colonial nature of international law has been a moot point in legal academia, which univocally suggests international law as an imperial instrument. Given these exergies, the question that this paper seeks to examine is how Portuguese encounters in the 16th century Sri Lanka reflects the seeds of international legal system dominated by European interests. The policy espoused by the Portuguese in Sri Lanka during their encounters with the Kotte kingdom raise the initial examples of unequal treaties, exclusion of sovereignty and the adoption of "puppet rulers". This paper makes a critical inquiry in examining these elements parallel to the development of 16th century international law. The objective of this article lies in examining the trajectories that set the path for Portuguese imperial legitimacy of Kotte kingdom of Sri Lanka through a legal legitimacy. In analysing these historical factors, this article will discuss the emergence of the colonial international law. [ABSTRACT FROM AUTHOR]

In the summer of 1939, the Jewish community in mandatory Palestine was rocked by a terrible case of infanticide: a father was charged in the British Mandatory court with murder, having buried his five-day-old infant son alive. Unlike other crimes of homicide that were discussed in court, in this case the intervention of a scholar after the final verdict had been handed down changed the court's decision altogether. This paper shows how a forgotten story can serve as a case study for the wider cultural, social, and legal contexts in which it took place. Using an interdisciplinary examination of a specific case, the paper explores the power relations and cultural negotiations between Jewish inhabitants and British officials in Palestine, as well as among Jews of different origins and backgrounds and also within British legal system itself. This examination uncovers the role of European-Jewish orientalists in mediating between British authorities and Mizrahi Jews by making efficient use of the changing attitudes of imperial legal high officials toward the colonial subjects. It underlines a unique trait of Jewish academic orientalism: integrating into a Jewish-national society involved previously unfamiliar duties that had to do with the overall Zionist social initiative. [ABSTRACT FROM AUTHOR]

The judiciary plays an important role in a democratic, law-based state. The independent judiciary is responsible for handling cases, resolving conflicts and evaluating the compliance of laws with the constitution, and also guarantees human rights and freedoms by controlling the legality of actions of other branches of state power. And this factor determines the relevance of research. The existence and effective functioning of the judiciary and the rule of law are key aspects of any modern democracy. The purpose of the article is to cover justice under the rule of law as an object of knowledge in domestic jurisprudence. It is proposed to classify scientific sources, covering certain aspects of the administration of justice under the rule of law, into three groups. The first group of such sources consists of scientific papers, the subject of which is the organization and functioning of judicial authorities. The papers of this group clear up the provisions characterizing the court and justice: the organizational structure of the judicial system; appointment procedures and requirements for the qualification of judges; mechanisms of interaction with other branches of power; judicial process and guarantees of citizens' rights; effectiveness and reforms of the judicial system, etc. The second group of sources consists of scientific papers, the subject of research of which is the rule of law. The requirements of the rule of law to a large extent concern the judiciary and fair justice determining the isolation of this group of sources. Researches in this field help to understand how the rule of law affects judiciary, the role of the judicial system in providing it, and how this principle contributes to stability, justice, and abidance by law in society. The third group of sources consists of scientific papers, the subject of study of which is the determination of directions for improving the activities of the judiciary under the rule of law. These studies can serve as a basis for developing strategies for reforms and improvements in the judicial system with the aim of bringing it closer to high standards of the rule of law and meeting the exigencies of society. It is summarized that numerous scientific studies of the problems of the judiciary and the rule of law lay a solid foundation for the further development of the relevant provisions in order to strengthen the effectiveness of the judiciary. However, the indicated problems require systematic study, taking into account the need to improve social standards. [ABSTRACT FROM AUTHOR]

This article argues in favour of the recognition of biometric harm, which is a specific type of harm arising from the use of biometrics to identify and classify people without a valid legal justification. The importance and pervasiveness of biometric technologies have increased. The development of biometric systems is rapidly advancing; however, their potential negative implications for individuals and society are routinely dismissed or willingly ignored. Biometrics deeply affects some of the basic needs of humans, including the need to step out of one’s social identities to enjoy unobserved time and the need to self-represent oneself in all social relationships. Such necessities are preserved by the legal system via high-ranked provisions that protect personhood, dignity, the right to private life and the right to express one’s personality. Because of these negative effects on core human necessities and legal values, this paper submits that biometric identification should be considered harmful, unless justified by another equally fundamental legal value. In line with other restrictions of the involved fundamental values, necessity and law enforcement purposes may justify biometric identification. Conversely, it is submitted that consent, while essential, does not fulfil the requirements of a stand-alone justification for biometric harm. [ABSTRACT FROM AUTHOR]

Copyright of Revus: Journal for Constitutional Theory & Philosophy of Law is the property of Revus - European Constitutionality Review and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article profiles Willis Van Devanter, an Associate Justice of the U.S. Supreme Court from 1910 to 1937 and considered as one of the most enduring achievements of the administration of President William H. Taft. Topics discussed include early life and career, federal judicial service including Supreme Court tenure, and retirement and final years.

Purpose The aim of the paper is to provide a review of potential Britain’s exit from the European Union (EU) and its implication on financial markets regulation in the EU and UK. It explores the terrain for financial markets regulation in the EU, pointing out how it impinges on the national legal system of EU countries and what it could mean for the UK. It navigates the legal reforms the UK will have to undertake to fill the void caused by its exit from the EU. Lastly, the paper proffers its thoughtful analysis of the reform to undertake if the UK exited the EU, both in the UK and the EU.Design/methodology/approach The paper has internalized empirical data generated by different interest groups on the implication of potential British exit from the EU on markets and other core issues which underpin the UK/EU relationship. These data were available in most major UK newspapers, academic journals and textbooks, especially in expositing conceptual and theoretical issues underpinning the paper. It has drawn comparisons with other jurisdictions, especially in East Africa, to demonstrate the inherent challenges in integration of regional markets on individual member countries. The paper also articulates other regulatory issues such as mutual recognition and the cost of Brexit on businesses in the EU/UK.Findings The findings of the paper confirm that British interests are likely to be better protected if it remains the member of the EU but could be undermined if it relinquishes its membership. Studies have been carried out by academic think tanks and the International Monetary Fund (IMF), and they all indicate that British exit from the EU could be counterproductive for the UK. Contemporary global challenges need global solutions, thus Britain will still need to forge alliance with EU countries.Research limitations/implications The limitation of the paper was that there are not many comparative studies carried out on countries which have exited regional market initiatives and their experiences after that. The paper has alluded to the experience of Uganda, which quit the East African Community (EAC) in 1977 and rejoined it 23 years later. In a crucial issue like Brexit, the paper would better evaluate the potential Brexit is drawing on experiences of countries which have exited and how they have fared after that. There were not many comparable case studies on countries which have exited regional markets.Practical implications The paper discusses important practical issues relating to Brexit and its implications on the UK/EU government and economies. It is practical because it weighs in on important policy and legal issues on regulation of markets in the post-Brexit era in the UK and EU. As the UK government goes for a referendum to decide its future relationship with EU, it will need to evaluate its decisions by internalizing academic literature on Brexit, such as this paper.Social implications The paper has social implications because Brexit will affect people and markets in varied ways. It addresses pertinent issues related to the UK and its implication in the post-Brexit era on the UK/EU economies.Originality/value The paper is timely, original and a must read because it discusses pertinent issues of the potential British exit and its implication for the UK and other stakeholders in a distinctive way. [ABSTRACT FROM AUTHOR]

The problem of the unsettled land registry state of real estate generated the appearance of new problems, as such but also of some other nature, whereby some of them, and due to the sensitivity of the question, covered by their reach, at the level of the most complex issues in the legal system of Bosnia and Herzegovina. Under the spotlight of such problems, the paper points to possible directions reforms in the field of public real estate records and real estate rights. In order to choose the appropriate recording model, the most significant reform solutions are also presented in the paper, contained in the provisions of the new entity laws on land registers, i.e. of the law on real rights. With the same goal, the paper points out the importance of following rich legal traditions in the matter of establishing rights to real estate. In this respect, special attention is dedicated to the re-updated system of unique real estate records, as a kind of expression of completely different aspirations in this area. [ABSTRACT FROM AUTHOR]

This paper explores the challenges and prospects associated with the adoption of Islamic banking in Afghanistan. Despite the global growth and acceptance of Islamic banking by approximately 50 countries by 1997, Afghanistan only embraced it between 2008–2009. The decision to convert conventional banks to Islamic ones, driven by the involvement of interest rates (riba) in the prevailing system, necessitates a thorough examination of the challenges and the need for an appropriate response. The study employs qualitative, analytical, and exploratory methods, reviewing secondary sources and conducting unstructured interviews with key stakeholders, including officials from the Da Afghanistan Bank (DAB), staff of Islamic banking institutions, experts in Islamic banking and finance, and consumers. The findings reveal that the challenges in promoting Islamic banking in Afghanistan are more complex and multi-layered than commonly understood, stemming from the legal system, regulatory capacities and mindset, banking services, and public perception. The paper emphasizes the importance of addressing these challenges comprehensively to safeguard the already fragile economic and financial sector. Failure to do so may lead to further deterioration. This research contributes to the existing body of knowledge by shedding light on the unique challenges and prospects of Islamic banking in Afghanistan, providing valuable insights for policymakers, regulators, and practitioners in shaping an effective transformation strategy. [ABSTRACT FROM AUTHOR]

This paper discusses various possibilities and perspectives for the future of Vietnamese CLE. Informed by the Vietnam Empirical Research and based on the current status of CLE in Vietnam, the paper has made suggestions for various directions for Vietnamese law schools to follow in addressing the challenges that face the adoption and incorporation of CLE in law curricula. These include choosing appropriate CLE models; designing CLE programs as accredited subjects in law curricula; and improving clinical supervision. In the current Vietnamese legal education system with various challenges, the Vietnam Empirical Research generally affirmed CLE as an appropriate educational strategy for the future. As the global advancement of CLE progresses, this opinion is widely and increasingly held among different legal education stakeholders in Vietnam. However, the success and long history of CLE elsewhere will not necessarily guarantee a similar result in Vietnam, given the differences in social, political, and legal systems. The future of Vietnamese CLE therefore will depend on how law schools, central government, relevant national agencies, and other legal education stakeholders in Vietnam regard and adopt clinical approaches in teaching law. [ABSTRACT FROM AUTHOR]

With the increasing availability of commercial Artificial Intelligence, General Language Models (GLMs) have been widely explored in various domains, including law. However, to ensure accurate and standardized legal results, it is crucial to establish a consistent framework for prompting GLMs. This paper presents one of the first instances of such nomenclature, providing a robust framework of "variables" and "clauses" that enhances legal-focused results. The proposed framework was applied in diverse legal scenarios, demonstrating its potential from both client and attorney perspectives. By introducing standardized variables and clauses, legal professionals can effectively communicate with GLMs. This not only improves the accuracy of the generated outcomes but also facilitates collaboration between AI systems and legal experts. With a common framework in place, legal practitioners can leverage AI technology confidently, knowing that the results produced align with established legal principles. Furthermore, the framework serves as a foundation for future research in the field of legal prompting with GLMs, and several avenues for future research are recommended in this paper. This standardization of nomenclature is expected to contribute to the wider adoption and benefit of GLMs in the legal field, leading to more accurate and reliable outcomes. [ABSTRACT FROM AUTHOR]

The paper explores an urban squat in Ljubljana, Slovenia, following a chronotopic narrative approach. Urban squats often represent a manifestation of alternative notions of who belongs where, when, and why, questions that matter when issues pertaining to their legal status are raised. We examine the case of Autonomous Rog, a formerly squatted bike factory area in the city centre of Ljubljana that the Supreme Court of Slovenia described as "quasi-public." The paper welcomes the Slovenian Supreme Court's ability to appreciate the social, spatiotemporal, and material elements that make up this idiotropic type of urban space, moving beyond the confines of human-centred legal analysis. We present the journey of Autonomous Rog through three distinctive chronotopic viewpoints, in order to accentuate the subversive human and material properties that found their way into the Slovenian legal system, as we reflect on the law's ability to embrace spatiotemporal representations in an urban context. [ABSTRACT FROM AUTHOR]

A long and rich history characterizes the administration of justice in Uganda. Over the last twenty years, justice reforms have largely been engineered and driven by the "sector-wide" model adopted in the late 1990s to address systemic gaps and challenges. This "chain-linked approach" has inspired wide-ranging reforms in Uganda's justice system defined by innovation and integration of digital technologies in business processes cutting across institutional boundaries. Through people-centered justice programming, Uganda's justice institutions led by the Judiciary are adopting innovative practices, empowering stakeholders with information, and providing digital platforms to facilitate access to justice for all. This paper takes a deep dive into Uganda's unique experiences by examining the various building blocks of its justice reform programme powered by digital technologies. At an impact level, the paper explores current and potential outcomes of digitally transforming Uganda's justice system - specifically its implication for service delivery and social-economic transformation. Current challenges and problems associated with implementing e-justice platforms are examined together with solutions that are currently being adopted. [ABSTRACT FROM AUTHOR]

This paper is dedicated to the issue of violence against women and domestic violence in the context of the plea agreement of the parties and the procedural position of the victim in these proceedings. Therefore, this paper first analyses the European legal standards that weave the positive legal basis for the limitation of alternative ways of solving cases in the domain of domestic violence. The two pillars of the Convention's supervisory mechanism are then considered, which ensure the effective implementation of the proclaimed standards, with special reference to the results of the evaluation of the legal systems of the member states of the Convention from the perspective of the victim's right to effective investigation and the prohibition of alternative dispute resolution processes in the context of entering into plea agreements in cases of violence against women and domestic violence. Finally, the current normative framework of the Misdemeanour Act on the procedure for entering into a plea agreement and sanction is critically analysed, shortcomings and inconsistencies of the current procedural solutions are pointed out, and proposals are made for the future aimed at reviving international legal standards in the Croatian Misdemeanour Act. [ABSTRACT FROM AUTHOR]

Copyright of Revista Chilena de Derecho Privado is the property of Fundacion Fernando Fueyo Laneri and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Externalizing borders for the purpose of shifting and avoiding responsibilities under human rights law is not a new phenomenon in the context of migration control. In the Mediterranean, European States have increasingly sought new measures of extraterritorial migration control to avoid being held responsible under cornerstones of international refugee law such as non-refoulement. In the precedent Hirsi Jamaa and Others v. Italy, the European Court of Human Rights (ECtHR) established that the exercise of effective control over persons on the high seas amounts to the exercise of jurisdiction within the meaning of Art. 1 of the European Convention on Human Rights (ECHR). As a result, European States began to find new ways of controlling their borders. The focus on physically controlled 'push-backs' shifted to administratively controlled 'pull-backs'. Cooperation with third States by equipping and training their coast guards has become a way for European States to avoid any direct contact with migrants, thereby avoiding triggering jurisdiction as defined by the current case law of the ECtHR. This paper focuses, first, on how ECtHR jurisprudence responds to new forms of extraterritorial migration control and, second, on how this concept of jurisdiction relates to the obligation of States to fulfill their international obligations in good faith. How can the object and purpose of an obligation be undermined if that obligation does not apply in the first place? While the realization of Hannah Arendt's concept of 'the right to have rights' seems to depend in practice on the geographical location of the individual, this paper addresses the question of whether there might be a right to come within the jurisdiction of a State, in the sense of gaining access to a legal system, applying a good faith reading to non-refoulement. [ABSTRACT FROM AUTHOR]