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This article examines social workers' perceptions of youths' participation and how their perceptions influence their practice towards youths in aftercare. The article is based on qualitative interviews with 38 social workers in child welfare services (CWS) and collaborative welfare services. The interviews were analysed using a hermeneutic approach. We identified two practices with different objectives: practice that accommodates formal requirements for participation and practice that supports empowerment. When social workers prepared and established aftercare, they focused on fulfilling legal and system-oriented requirements. This practice challenged youths' ability to participate because the social workers focused on the formal conditions for aftercare and youths' consent to aftercare. While youths received aftercare, the practice, which included self-determination, contributed to empowerment. In this practice, the social workers were available and flexible, mobilising their knowledge and resources to establish trust and relationships with youths, thus helping them to experience support and mastery. We conclude that the accommodation of formalities was a foundation for involving youths in aftercare. However, the formalities were barriers to youths' participation and empowerment in aftercare if youths' consent appeared as a threshold to help from CWS. [ABSTRACT FROM AUTHOR]

Digital and non-digital modes of governing the international legal order co-exist. This imbrication brings with it a particular constellation of actors, new sites and processes of governance and new modalities of law-making. Claudia Aradau and Tobias Blanke, in Algorithmic Reason , guide us through the complex cartographies of global governance. They eloquently map the networks and infrastructures of algorithmic governance and show how they affect the relations between the governing and the governed. Thereby, they help us visualize the imbrication of the local and the global, of private and public infrastructural logics beyond the static binaries that shape our traditional understanding of the international legal order. Throughout multiple case studies, two major transversal claims emerge in the book that are relevant to international lawyers. The book, in my view, argues for (i) an anti-solutionist and (ii) an anti-formalist analysis of global algorithmic governance. As these two transversal claims are not always fully unpacked and explicitly embraced, this review essay aims to draw the contours of these claims, unpack them and show how valuable they can be to think about global algorithmic governance and the functions of international law in the equation. [ABSTRACT FROM AUTHOR]

The article offers insights into the importance of adopting the Electronic Wills Act proposed by the Uniform Law Commission to ensure the abilities of testators to execute their wills in New York State. Topics mentioned include the history of strict will formalities in the U.S., the relevance of will formalities in the modern technology world, the criticism of will formalities in the 1970s, and the adoption of relaxed formalities.

The defense of a doctoral thesis is a public act of major importance in academic life. Each university and country have its own conventions, but the counterpoint structure of the medieval disputatio persists in all of them. Since the public part of the Defense is an oral text, there is not always an opportunity to analyze the argumentative positions of the candidate and the members of the jury. This research compares two corpora of doctoral thesis defenses (transcripts) in English and Spanish. They are from different oral traditions, from the United States and Spain. The analysis shows how the pragmatic elements that characterize the communicative situation mark the discourse of its actors and the level of formality of the discourse. [ABSTRACT FROM AUTHOR]

Copyright of Nueva Revista de Filología Hispánica is the property of El Colegio de Mexico AC 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 wills formalities in the U.S. in the 21st century to ensure that the intention of the testator will be binding for the post-mortem distribution of the covered properties. Other topics include the substantive standard of the harmless error rules, the use of electronic documents in estate planning, and the Uniform Probate Code.

What degree of compliance with the Wills Act formalities should the courts require when analyzing whether a will has been properly executed? The conventional wisdom is that historically courts have insisted on absolute strict compliance, favoring formalities over testamentary intent. In 1975, Professor John Langbein argued that substantial compliance with the Wills Act formalities should suffice. A little over a decade later, he modified his proposal, arguing for a harmless error approach. Professor Langbein's proposals have been well received. Many academics have endorsed them. The Uniform Probate Code and the Restatement (Third) of Property have adopted his harmless error approach. Yet relatively few states have adopted either proposal. If Professor Langbein's substantial compliance/harmless error proposals are so much better than strict compliance, what explains the failure of most jurisdictions to adopt either of them? This Article argues that (1) many of the states intuitively realize that the issue is not as simple as Professor Langbein depicts it--that strict compliance is neither as monolithic nor as strict as he portrays it; (2) most jurisdictions, in fact, do not apply the strict compliance approach he describes but rather a variation of it--flexible strict compliance; and (3) the real issue is not whether substantial compliance/harmless error is better than traditional strict compliance, but whether substantial compliance/harmless error is better than flexible strict compliance--and the answer to that question is far from obvious. Flexible strict compliance adopts a more pragmatic approach to the public policy considerations underlying the Wills Act formalities, eschewing the functional approach and instead favoring an approach that balances testator's intent with costs of administration and the potential for fraud, resulting in an approach that is more efficient than either substantial compliance or harmless error. [ABSTRACT FROM AUTHOR]

The article discusses legal analysis in relation to the late poet William Wordsworth's composition of a sonnet on form and the issue, rule, analysis, conclusion (IRAC) case method which was developed by the late jurist Christopher Columbus Langdell. Training for lawyers and law students is addressed, along with choice, the nature and flexibility of framing in thought, and the claim that complete thoughts include reference, issue, analysis, and conclusion (RIAC)

The assignment of debt takes effect between the contracting parties (assignor and assignee), without any formalities, but also between parties and in relation to third parties. Thus, the right to claim is transmitted from the transferor's property to the transferee's together with all accessories to that debt, and the rights related to warranty. Instead, the effects of the debt assignment in relation to third parties must be judged according to how the assignment became enforceable against the assigned debtor, which is different from the one done to other third parties. [ABSTRACT FROM AUTHOR]

This article will concentrate on the regulatory framework of cheques in Jordan and their practical usages as conducted by banks. The Jordanian law on negotiable instruments provides certain formalities for cheques. In addition, recent court decisions emphasise these formalities and act as gap fillers in cases which the law does not address. However, the practice by banks creates law-practice discrepancy and a de facto pattern different from what the law and court decisions say. The best example fo r law-practice discrepancy is the case of contradictory terms in cheques, especially as they relate to the use of words and numbers. [ABSTRACT FROM AUTHOR]

Recent controversies over identity claims have prompted questions about who should qualify for affirmative action, who counts as family, who is a man or a woman, and who is entitled to the benefits of U.S. citizenship. Commentators across the political spectrum have made calls to settle these debates with evidence of official designations on birth certificates, application forms, or other records. This move toward formalities seeks to transcend the usual divide between those who believe identities should be determined based on objective biological or social standards, and those who believe identities are a matter of individual choice. Yet legal scholars have often overlooked the role of formalities in identity determination doctrines. This Article identifies and describes the phenomenon of "formal identity," in which the law recognizes those identities individuals claim for themselves by executing formalities. Drawing on Lon Fuller's classic work on the benefits of formality in commercial law contexts, it offers a theory explaining the appeal of formal identity. But it concludes that reformers should be skeptical of the concept. Formal identity may set traps for the unwary, eliminate space for subversive or marginal identities, and legitimize identity-based systems of inequality. Ultimately, this Article urges critical examination not merely of formal identity, but of the functions identity categories serve in the law. [ABSTRACT FROM AUTHOR]

By tradition, gifts, wills, and contracts are formalized according to protocols established within each legal category. This Article examines the policies that underlie these "formalizing rules " and concludes that the utility of those rules depends fundamentally on the background conditions under which a gift, will, or contract occurs. Those background conditions, rather than the category into which the transfer falls, dictate the optimal formalizing rule for a transfer. In light of this observation, this Article proposes an integrated approach to formalizing rules that varies the required formalities for a transfer on the basis of situational criteria rather than the prevailing categorical ones. [ABSTRACT FROM AUTHOR]

The law of mortgage assignment has taken center stage amidst foreclosure crisis, robosigning scandal, and controversy over the Mortgage Electronic Registration System. Yet a concept crucially important to mortgage assignment law, the idea that "the mortgage follows the note, " apparently has never been subjected to a critical analysis in a law review. This Article makes two claims about that proposition, one positive and one normative. The positive claim is that it has been much less clear than typically assumed that the mortgage follows the note, in the sense that note transfer formalities trump mortgage transfer formalities. "The mortgage follows the note" is often described as a well-established principle of law, when in fact considerable doubt has attended the proposition at least since the middle of the last century. The normative claim is that it is not clear that the mortgage should follow the note. The Article draws on the theoretical literature offiling and recording to show that there is a case that mortgage assignments should be subject to a filing rule and that "the mortgage follows the note," to the extent it implies that transferee interests should be protected without filing, should be abandoned Whether mortgage recording should in fact be abandoned in favor of the principle "the mortgage follows the note" turns on the resolution of a number of empirical questions. This Article identifies key empirical questions that emerge from its application of principles from the theoretical literature on filing and recording to the specific case of mortgages. [ABSTRACT FROM AUTHOR]

The article revisits some of the arguments supporting formalities as a way to promote public domain and critically analyzes the justifications for reintroducing formalities. It describes the basic shifts in generating and sharing digital content that may call for caution in restoring formalities and reexamines the rationale of formalities in light of the changes. It focuses on the legal challenges in promoting a voluntary strategy of formalities for the digital ecosystem.

The article discusses the history of copyright formalities in the U.S. and provides arguments advocating the imposition of new formalities and presents an alternative set of recommendation that stresses recordation of transfer as a precondition for some forms of exercise of copyright by a transferee. It traces the development of U.S. copyright jurisprudence from it start to the present and tracks the changes to the system of formalities during the period.

The article argues that increased public formalities in the copyright law has constrained policy discussion about reintroducing formalities more than it should. It assumes familiarity with debates on legal formalism and legal realism and relies on familiar analysis of the public/private distinction and the formalist/functionalist approaches for interpreting and applying law. It further argues that public officials have the room to improve the functioning of formalities in the copyright system.

The article addresses the Berne Convention's prohibition on the imposition of formalities on the enjoyment and exercise of copyright and the compatibility with the norm of declaratory measures to enhance title-searching. It also addresses conditions on the existence or enforcement of rights and considers declaratory measures on ownership of rights under copyright. It attempts to resolve some of the practical problems a mandatory recordation of transfer obligation may engender.

The article focuses on the new style formalities that would condition the availability of preliminary and permanent injunctions and disgorgement money. It notes that under a new style formality of this type, owners of unregistered works will continue recovering actual damages as measured by the reasonable value of a license. It notes that there is nothing in Berne Convention or TRIPS that disallow conditioning the availability of injunctive relief.

The article centers on what copyright reformers can learn from land recording systems established in U.S. states and explains how recording is not generally required to establish interests in land. It notes that the system for land is not fundamentally different from the contemporary copyright system in the U.S. and is widely regarded as more comprehensive and useful than the copyright system suggesting that the copyright system might be improved through a more effective system of incentives.

The article presents the text of a speech by Maria A. Pallante where she delivered the David Nelson lecture at Berkeley Law School, California. She shares some of the latest thinking of the Copyright Office about formalities especially those permissible under the Berne Convention starting from the premise that the copyright law is over-stressed. She points out that the topic of copyright formalities is a legitimate one at present and may generate more interest in the years ahead.

The article investigates how copyright formalities can help in addressing the objective of enhancing the free flow of information and creating legal certainty on copyright claims. It outlines the different objectives for reintroducing copyright formalities and provides an overview of the types of formalities that may imposed. It further explores which formalities can aid in accomplishing the specific objectives of enhancing the free flow of information by enlarging public domain.

This article tackles the difficult question of what the consequences of failing to comply with the formalities required for the celebration of marriage will be in different circumstances. Whether the marriage will be valid, void or simply non-existent depends both on the degree of compliance with the law and whether any non-compliance was deliberate. While the concept of non-marriage is not to be found within legislation, the Marriage Act 1949 does provide the framework for determining what the minimum degree of compliance to create a valid or void marriage must be and, by inference, when it is necessary to categorise a ceremony as resulting in a non-marriage. Given the need for certainty in this area, it is suggested that the intentions of the parties -whether the positive intention to be married despite having failed to comply with any of the requisite formalities or the negative intention not to be married despite having gone through a formal ceremony of marriage - should not be relevant to the determination of this point. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Journal of Compulsory Execution / Revista Română de Executare Silită is the property of Universul Juridic Publishing House 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.)

Copyright of Romanian Case Law Review / Revista Română de Jurisprudenţă is the property of Universul Juridic Publishing House 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.)

This paper examines the relationship between organisation structure and innovation performance in a large sample of UK small and medium-sized enterprises. It asks whether there is an optimal structure and whether this differs between different firm environments and between young and older firms. We find that the influences on the ability to innovate differ from those on the commercialisation of innovations. We show that decentralised decision-making, supported by a formal structure and written plans, supports the ability to innovate in most circumstances and is superior to other structures. We also find some evidence that young firms operating in high technology sectors with informal structures have a greater tendency to be innovative. In addition, we find very few differences between young and older firms in terms of their optimal structures in low technology sectors. [ABSTRACT FROM AUTHOR]

Following the entry in force of the Civil Code (Law No.287/2009, republished) on the 1st of October 2011, which repealed the Family Code, and the accordingly amendment of the republished Law No. 119/1996 regarding the civil status acts, the author conducts an extensive analysis of the legal provisions related to the conditions Of form which must be complied with for celebrating a valid marriage. This study examines the formalities provided by articles 278-292 of the Civil Code. [ABSTRACT FROM AUTHOR]

If informality has been conventionally understood as a territorial formation or as a labour categorisation, this paper offers an alternative conceptualisation that conceives informality and formality as forms of practice. The paper examines how different relations of informal and formal practice enable urban planning, development and politics, and explores the changing relationship between informality and formality over time. To illustrate the political potential of conceiving informality and formality as practices, it highlights the fall-out from a particular urban crisis: the 2005 Mumbai monsoon floods. In the final section, the paper offers three conceptual frames for charting the changing relations of informal and formal practices: speculation, composition, and bricolage. [ABSTRACT FROM AUTHOR]

This paper aims at providing an account of juridical acts that forms a suitable starting point for the creation of computational systems that deal with juridical acts. The paper is divided into two parts. This second part of the paper deals in some detail with the operation of juridical acts. Topics dealt with include: power and competence, capacity, form requirements, partial validity, avoidance and representation. [ABSTRACT FROM AUTHOR]

The article discusses the aspect of reasonable expectation in solving contract disputes. It elaborates the implications of reasonableness and credibility, legal formalities, and the role of judge. It also cites several cases which depict the effect of cultural disparities in applying the doctrine of consideration and gender neutrality and objectivity in contract law. Moreover, it suggests considering the contracting situation of the parties in enforcing reasonable expectations.

A topic of interest to many professionals is the form of deeds in existence and associated warranties that are integral to land conveyance. While conducting research, surveyors encounter various forms of deeds. It is always refreshing to understand the nuances that are associated with the language contained in deeds. In many jurisdictions there is no prescribed deed form that is to be used. It is the intent of this article to discuss form and content of deeds as well as the warranties that arise from land conveyances. [ABSTRACT FROM AUTHOR]

This Article addresses the debate over whether a relaxation of Wills Act formalities, specifically the adoption of Langbein's harmless error rule, actually results in a reduction in the number of "valid" wills being denied probate due to noncompliance with required formalities. Responding to an article by Stephanie Lester in the Fall 2007 issue of this Journal, the author questions whether allowing courts to dispense with certain formalities on a case by case basis is preferable to the objective criteria the formalities provide. [ABSTRACT FROM AUTHOR]

Discusses the various issues raised by the doctrine of nominal consideration. History of the seal and comparable formalities; Strategies to make a promise binding; Counter arguments against enforcing gratuitous promises.

This paper studies the formality of law and legal reasoning. It argues that, though the law (and its application) is indeed formal in that it does not take into account a significant number of considerations that should in principle be relevant for an all–things–considered decision, this is not to be explained on the basis of some ontology of rules (i.e., rules as exclusionary reasons), but upon the nature of legal discourse when viewed as a social practice. How the law is applied to particular cases, when substantive considerations not referred to by the rules are important enough to defeat their application to the case and questions of this kind are not answered by the legal material (which includes or might include rules, principles etc.), but by beliefs that underlie legal practice, beliefs about the world and its relation to human beings and society. Insofar as these beliefs have impact upon practices we recognise as legal they are termed “images of law.” Legal reasoning cannot be understood without paying due attention to the nature and evolution of images of law. [ABSTRACT FROM AUTHOR]

Deals with a study which considered the formalism of any fact that increases the penalty for a crime beyond the prescribed statutory maximum as it appears in the United States Supreme Court case Apprendi versus New Jersey. Factual background of the study; Principle, underlying definition and constitutional justification of the case.

Contracts and Trust are ends of a continuum on which negotiations and interstate relations are based. Both arrangements are common in political negotiation and they played a significant role in Israel's peace negotiations with Egypt, Jordan and the Palestinian Authority. Contractual relationships are more likely in the case of states with a traditionally hierarchical order whereas trust plays an important role in relations with states based on a traditionally networked system. As boundaries within societies and between states and communities become increasingly blurred, there is a greater need to approach negotiated issues between states by simultaneously exploring contract and trust dimensions. [ABSTRACT FROM AUTHOR]

Compares similarities and differences in the informal administrative procedure in the United States and Japan. Kinds of understanding of the dichotomy of formality and informality; Explication of legal and conventional analyses given to administrative guidance; Examples of Japanese Supreme Court decisions on administrative guidance.

Discusses information on nonformalistic law. Relationship between formalistic and nonformalistic law; Overview of antitrust law; Creation of nonuniform applications of the Indian Civil Rights Act; Conclusion.

Focuses on formalism as an interpretive strategy. Conceptual preliminaries; Task of the contract law; Application of the default rules; Note on constitutional formalism; Speculation on statutory interpretation in England and in the United States.

Examines the rule-formalism as a prescriptive doctrine. Discussion on legal norm, a term referring to judicially recognized constraint on adjudicative decision making; Details on adjudicative rule-formalism; Discussion on democratic legitimacy.

Reflects on the role of formalism in the understanding of the contract law. Criticisms against Llewellyn's antiformalism; Formalist jurisprudence; Support for the trade association formalism; Assessment of the alternative approaches.

Addresses how the empiricist project can be carried forward in the face of the closure problem, a term pertaining to empirical arguments used by either the formalist or nonformalist interpretive doctrines. Promise of empirical arguments; Discussion on choosing interpretive rules under empirical uncertainty.

Highlights the role of the United States constitution and its underlying structure to statutory formalism. Constitutional defense of formalism; Statutory interpretation and constitutional law.