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In criminal proceedings, the establishment of facts beyond reasonable doubt is a cornerstone principle, ensuring that criminal offenses are accurately identified and perpetrators are justly punished while respecting the rights of all parties involved. The proof process is vital, with evidence playing an essential role in determining the outcomes of various procedural stages. Among the types of evidence, expert evidence has become increasingly significant, especially with advances in science and technology broadening the scope of issues requiring specialized knowledge. This paper aims to analyze the roles and impacts of professional and expert activities in criminal procedures. It seeks to highlight the distinctions between expert reports and professional statements, illustrating their respective legal standings and importance in the context of Slovak law. By examining the regulatory framework, specifically Act No. 382/2004 Coll. on experts, interpreters, and translators, and the Criminal Procedure Code (Act No. 301/2005 Coll.), the paper delves into the conditions, rights, and obligations of experts. Additionally, it addresses the significance of expert consultants introduced by the Criminal Procedure Code, who provide advisory services without precluding the involvement of expert witnesses for comprehensive technical assessments. Expert reports, governed by stringent formalities, are pivotal in addressing complex technical issues within criminal cases. These reports must be produced by court-appointed experts and include detailed descriptions of the methods used and the conclusions drawn. Conversely, professional statements, considered documentary evidence, do not carry the same legal weight and lack the formalities required for expert reports. The Criminal Procedure Code also ensures that expert evidence is used appropriately by stipulating when and how expert opinions should be sought. This comprehensive approach ensures that all technical and scientific issues are thoroughly examined, contributing to the fair administration of justice. In conclusion, the integration of expert and professional activities in criminal proceedings enhances the accuracy and reliability of judicial decisions. By leveraging specialized knowledge, the legal system can better fulfill its mandate of delivering justice while upholding the principles of fairness and due process. This paper underscores the necessity of clear regulatory frameworks and th e proper application of expert evidence to achieve these aims. [ABSTRACT FROM AUTHOR]

Emerging scholarship indicates that developing states like India have not adequately internalized their investment treaty obligations. However, much of this scholarship focuses on India's failure to adapt its legislative and executive processes to meet these obligations, with only occasional references to the judiciary. This article fills this gap by mapping and challenging the impact of India's treaty obligations on its judicial processes, particularly in its public interest litigation jurisdiction. Despite India's recent termination of several investment treaties, such treaties continue to protect investments by certain foreign investors. They mandate adherence to the fair and equitable treatment and effective means standards to allow investors to enforce their rights. PIL courts' disregard of strict procedural norms to prioritize public interest can, as it previously has, result in a breach of these standards and, thus, India's investment treaty obligations. Accordingly, India's investment treaty obligations must inform its judicial processes. [ABSTRACT FROM AUTHOR]

Copyright of International Journal of Professional Business Review (JPBReview) is the property of Open Access Publications LLC 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 focuses on the historical and contemporary significance of the Magna Carta in shaping legal principles in England and the United States. Topics include the Magna Carta's historical influence on the U.S. Constitution and Supreme Court rulings, its continuing reference in modern legal cases, and the role it plays in current legal arguments, particularly in relation to due process and rights.

Substantive due process, drawn from the 14th Amendment, has been a consistent judicial doctrine for establishing and protecting the rights and liberties of Black citizens in the face of systemic racism. This prompts a question for political consideration and investigation: if the 14th Amendment is a constitutional equilibrium for rights Black citizens would otherwise not enjoy, could the rescission of a right decided and sustained by the 14th Amendment that is not racially explicit have negative racial implications for Black Americans? This study answers this question through an atheoretical case study on the ruling in Dobbs v. Jackson Women's Health Organization, which overturned Roe v. Wade. This study finds that the ruling in Dobbs weakened the 14th Amendment by allowing parameters to be placed on substantive due process. Though the question before the Court was the constitutionality of Mississippi's abortion law, the implications of weakening the 14th Amendment are that it allows for the legal and cultural revitalization of Black exclusion that existed under the Black Codes, which has already come to fruition in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and the end of affirmative action. [ABSTRACT FROM AUTHOR]

This article explores our national reactive child protection model which has focused on removing poor people from poor families and has resulted in conflating poverty with neglect. Significant issues of class and race are implicated given dramatic systemic racial and ethnic disparities and questions must be asked whether current practices have done more harm than good. In reviewing this landscape this article is descriptive and prescriptive and calls for adopting proactive public health‐oriented policies which support children and families in their homes and a culture of due process and fairness in juvenile and family court hearings involving children and their families. Dependency or abuse and neglect cases involve state intervention. These are not disputes between private parties where the sole focus is the best interest of the child regarding which guardian to be placed with. Cheating the Evidence warns against diluting the constitutional requirement of proving the lack of parental unfitness by clear and convincing evidence by making comparative judgments about placement which are based on often subjective assessments on best interests of the child which are resource based. Given that high percentage of cases involving allegations of neglect versus inflicted abuse these concerns are of paramount importance. There is a need for more rigor in fact‐finding and adherence to constitutionally required burdens of proof. Due process and fairness are best‐served by supporting client‐directed advocacy and greater transparency, including presumptively opening up the doors to closed juvenile and family court hearings as recommended by the National Council of Juvenile and Family Court Judges in 2005. Opening the doors is not a binary or either or proposition‐ we can preclude dissemination of records of youth, and protect confidentiality as a growing number of states have done. Transparency includes more than raising the level of practice of lawyers and judges‐ it includes encouraging systemic accountability from child serving agencies and educating the public about the complexities which are related to the birth or cradle to prison pipeline. Key points for the family court community: Over two‐thirds of dependency case filing involving allegations of neglect versus inflicted abuse.In some states over 70% of black children live in families which will be the subject of a child protection investigation before they become 18.Youth in foster care experience P.T.S.D. at higher rates than returning war veterans from Iraq, Afghanistan, or Viet Nam.The goal of permanence for children is not necessarily improved by termination of parental rights.Due process requires client directed advocacy‐ not making best interest judgments based on surrogate opinion. [ABSTRACT FROM AUTHOR]

The article discusses the use of pedagogy and curriculum in churches to teach about religion and culture. It explores the concept of implicit pedagogy, which relies on word of mouth and contextual cues, particularly in high-context cultures like many East Asian cultures. The article highlights the potential dangers of implicit pedagogy in cases of abuse, where it can prioritize the protection of perpetrators over justice for victims. It also examines the role of social media, specifically the anonymous Instagram profile @letters_from_rahab, in providing a platform for victim-survivors to share their stories and seek solidarity and accountability. The article emphasizes the importance of explicit pedagogies of solidarity to challenge and dismantle abuse cultures within religious communities. [Extracted from the article]

The text explores the Major Question Doctrine (MQD) and its impact on agency deference and congressional delegation, focusing on Justice Gorsuch's perspective. Justice Gorsuch emphasizes the importance of clear congressional authorization for agency actions to prevent overreach and maintain the separation of powers. The text underscores the challenges posed by the MQD and advocates for a balanced approach to ensure effective administration within the existing legal framework. [Extracted from the article]

Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal 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 Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal 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 a case in Spain where a trade mark owner suffered moral harm due to imitation products being sold without authorization. The court ruled that reputational damage of a moral nature is compensable even without direct economic loss. The judgment included detailed findings of the seized items and the compensatory amounts owed to the trade mark owners. The court upheld the principle of full compensation for harm caused to the trade mark owner, both economic and moral, in accordance with European Union law. [Extracted from the article]

Through qualitative analysis, the paper examined the soured relationship between Gambian chiefs and their colonial masters against the backdrop of the legal implications of the disciplinary actions the latter meted out to the former. The article commenced with the theme, before addressing the legal concept of due process, which ensures fairness in the dispensation of justice. By disregarding normal standard legal procedures, the provisions of Magna Carta, and legal precedence, the colonial administrators inflicted draconian punishments on chiefs who dared think outside the box. From archival materials, colonial correspondences, and learned journal publications, the paper advanced explanations for the highhandedness of the colonialists, which degenerated into residency restrictions imposed on the chiefs. The absence of separation of administrative powers, caused by an acute shortage of European personnel, resulted in a situation whereby colonial rule in The Gambia amounted to a situation through which rule of man took precedence over the rule of law. The compelling approach resulting from the lack of collaboration among the chiefs and the colonial administrators fomented discord. The case laws cited in the paper indicate that colonialism in The Gambia remained a case of the strong exerting control over the weak, who had no option but to put up with the inevitable consequences of colonial rule. From diverse learned sources, instances of banishments in history and how the ancient practice was applied to The Gambia received attention with the aim of elucidating how the colonial administrators adopted legal standards which compromised fair play. With primary materials derived from The Gambia National Archive, instances of chiefs who were at loggerheads with the European colonialists was addressed hence, the paper ascertained the causes and nature of the soured relationship. The findings revealed why the local administrators grappled with situations that were at variance with the normal state of affairs in England. This partly accounts for the seemingly unorthodox tactics adopted while addressing a number of issues. Consequently, the activities of overseas colonial administrators were glossed over by the colonial office and British parliament as Gambians were perceived to be a people in need of civilization. Therefore, replicating the conditions in England in a frontier territory as The Gambia would be tantamount to an exercise in futility, as they felt that they should be on higher rungs of the civilization ladder before they could comprehend European conditions. The overbearing approach of the colonialists ultimately exacerbated the lack of cooperation from the colonial subjects leading to the bone of contention. [ABSTRACT FROM AUTHOR]

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]

The document titled "25 Committee on Freedom of Association (CFA) of the International Labor Organization (ILO): Interim Report – Report No 405, Case No. 3203 (Bangladesh), 1 March 2024" highlights serious violations of workers' and trade unionists' rights in the Bangladeshi ready-made garment sector. The Committee on Freedom of Association urges the government to thoroughly investigate the violent death of trade unionist Shahidul Islam and prosecute those responsible to prevent similar acts in the future. The document also discusses previous cases of labor rights violations and the government's responses, emphasizing the need for full investigations and justice to address anti-union violence and discrimination. [Extracted from the article]

The objective of criminal proceedings is to protect individuals, society, and the State from criminal offences, to safeguard the rights, freedoms, and legitimate interests of participants in criminal proceedings, and to ensure a prompt, comprehensive, and impartial investigation and trial. This ensures that every person who has committed a criminal offence is held accountable to the extent of their guilt, that no innocent person is accused or convicted, that no individual is subjected to unreasonable procedural coercion, and that each participant in criminal proceedings is treated with due diligence and fairness. In the context of this research, the legislative provision stipulating that «no innocent person shall be accused or convicted» holds particular significance. This provision mandates that, in any instance where a person’s innocence is established during a pre-trial investigation or court proceedings, due process of law must be observed, culminating in either the closure of criminal proceedings on rehabilitative grounds or an acquittal. The purpose of this article is to analyze the national legislation and doctrinal provisions of criminal procedure law concerning the concept of «acquittal» in criminal proceedings. Neither the current Criminal Procedural Code (CPC) of Ukraine nor any other legal act provides a definition of the concept of «acquittal». However, an analysis of the provisions of the CPC of Ukraine suggests that the legislator conceives of acquittal as (1) the result of the court’s determination of a person’s innocence, and (2) the formal recognition of that innocence in a court decision – an acquittal. Thus, «acquittal», in the legislative sense, is inextricably linked to a court’s acquittal decision and can only be rendered by a court. This article also examines various scholarly approaches to the understanding of «acquittal» in criminal proceedings. Based on the analysis of legislation and scholarly sources, the author formulates a definition of «acquittal» and posits that acquittal should be understood in a broader context, rather than being equated exclusively with a court’s acquittal decision. Since a person’s innocence can be established not only through an acquittal but also through other so-called «acquittal decisions», such as a decision to terminate criminal proceedings on rehabilitative grounds during the pre-trial investigation stage. [ABSTRACT FROM AUTHOR]

The article is aimed at solving the scientific task of studying the problematic issues arising in connection with the implementation of the institute of appealing against a notice of suspicion in pretrial criminal proceedings. It is noted that with a view to ensuring human rights and freedoms in criminal proceedings, the provisions of criminal procedure legislation enshrine the right of a suspect to appeal against a notice of suspicion. However, the lack of clear legal regulation of the substantive and criminal procedural grounds for such an appeal leads to a violation of the principles of reasonableness of time limits and application of due process of law to a person. The author establishes that among the substantive grounds for appeal, the provisions on the completeness of the content of the suspicion, the correctness of the criminal law qualification should be distinguished, and among the criminal procedural grounds – the proper subject, compliance with the deadlines, availability of sufficient evidence, explanation of the suspect’s rights, and compliance with the procedure for serving a notice of suspicion. It is noted that in the context of determining the level of violation of human rights and freedoms, the criterion of ‘materiality/ insignificance’ should influence the establishment of grounds for appealing against a notice of suspicion to ensure the requirement of general fairness of criminal proceedings. The author emphasizes that the problem of regulatory regulation of appealing against a notice of suspicion is the uncertainty of the procedural time limit after which a relevant complaint may be filed if the prosecution parties notify a new suspicion or change the original notice of suspicion. It is found that the implementation of a notice of suspicion covers several stages, and therefore is considered through the prism of a combination of a procedural decision and the execution of a procedural action. It is stated that the inaction of an investigator, coroner, or prosecutor, which is manifested in the failure to serve a notice of suspicion, is subject to a separate appeal in terms of failure to serve a written notice of suspicion. [ABSTRACT FROM AUTHOR]

Pretrial aims to protect human rights from misuse of authority by law enforcement officials. The concept of commissioner judges, which aims to be a substitute for the current pretrial procedure. It is expected to achieve the objectives of criminal procedural law that respects human rights by upholding the exclusionary rules principle. This study aims to understand the role of the commissioner judge in upholding the principle of exclusionary rules to achieve a criminal legal process that respects human rights. Further, a normative approach used statutory, conceptual, and comparative legal approaches. The author tries to discover the concept of a commissioner judge upholding the exclusionary rules principle to assess the validity of evidence obtained by law enforcement officials. It is hoped that the objectives of criminal procedure law that protect and guarantee the interests of human rights can be achieved by the concept of commissioner judge.

The article focuses on the practice of nightriding in the post-Reconstruction South, highlighting its significant threat to Black communities, which, while similar to lynching, had distinct legal implications. Topics include the legal responses to nightriding in Arkansas, notable Supreme Court cases like U.S. v. Waddell and Hodges v. U.S., and the historical legacies stemming from these legal battles.

This document provides an overview of a dispute between Kaloti Metals & Logistics, LLC and the Republic of Peru that was submitted to the International Centre for Settlement of Investment Disputes (ICSID). The document outlines the procedural history of the case, the factual background, the claims and requests for relief made by both parties, and the arguments presented. The document also discusses the jurisdictional requirements for investments under the United States-Peru Trade Promotion Agreement (TPA) and the ICSID Convention. Ultimately, the tribunal concludes that Kaloti's activities in Peru do not constitute an investment and therefore lacks jurisdiction in the case. [Extracted from the article]

Copyright of Taiwan Law Review is the property of Angle Publishing Co., Ltd 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.)

Nazanin Zaghari‐Ratcliffe, an Iranian‐British dual citizen, was detained by the Iranian state from April 2016 to March 2022 and charged with spying and propaganda activities against the Iranian state without due process. After her release and return to the UK, Zaghari‐Ratcliffe criticized the UK government in a press conference, which triggered a Twitter campaign using the hashtags “sendherback” and “ungrateful.” This campaign claimed that she did not show “enough gratitude” to Britain, the country that “saved” her. In this paper, we investigate the content of the Twitter campaign. Using the concept of anti‐citizenship, we focus on xeno‐racist discourses around Zaghari‐Ratcliffe's dual nationality and how her belonging in Britain is challenged. We explore the role Zaghari‐Ratcliffe's Iranian background plays in how her Britishness is rendered suspect, which then enables the racialized tropes in the #sendherback campaign. [ABSTRACT FROM AUTHOR]

The creation of the National Register of Citizens (NRC) in Assam is indicative of the sharpening tensions surrounding citizenship, belonging and integration in India. Officially aimed at demarcating the "legitimate citizens", its implementation is believed to have resulted in the partial exclusion of the so-called "Doubtful Voters" and denationalisation of the "illegitimate residents". These frictions associated with citizenship identity and rights are nowhere as acute as in the northeastern Indian state of Assam, where measures of retroactive revocation, administrative erasure and withdrawal of citizenship rights have been systematically deployed against religious and linguistic minorities. Using new research with some NRC rejected applicants in western Assam and other materials, this article identifies the central aspects of the implementation gap in the crucial, albeit problematic task of locating the rightful "Assamese-Indian" citizens. Linking our work to the idea of the 'process is the punishment', we conceptualise these conspicuous inconsistencies in the NRC citizenship determination processes and their results as the "punitive gap". We have identified the distinctive contours of this gap in terms of the massive economic costs, intensification of social (including gender and religion-based) inequalities, increased control through social suspicion and unpredictable outcomes for the marginal Miya Muslim community. The article highlights how this punitive gap has constantly eroded key components of due process, of procedural and substantive protections of the rights of individuals, during the NRC determination exercise and after the release of the final draft list. [ABSTRACT FROM AUTHOR]

Indigenous justice in Ecuador is a topic of great relevance and complexity that reflects the cultural and legal richness of indigenous peoples. Its recognition in the 2008 Constitution emphasizes the need to respect and preserve the traditions and values of each community. This community-based system, grounded in participation and immediacy, offers a holistic approach to conflict resolution. However, it is essential that these processes respect human and constitutional rights, ensuring due process, impartiality, and transparency. The active participation of women and the protection of their rights are key aspects that must be considered within the framework of indigenous justice and its internal regulations. This research applies deductive, inductive, analytical, and bibliographic methods to delve into indigenous justice and its relationship with due process. The aim is to understand and preserve the different perspectives and approaches in this area, thereby enriching the understanding of its functioning and impact. Finally, it is concluded that indigenous justice must balance the preservation of cultural traditions with respect for universal rights and social and legal development. This implies considering social evolution in Ecuador, promoting a respectful understanding of the cultural and legal diversity that characterizes the country. [ABSTRACT FROM AUTHOR]

Juries believe eyewitnesses. When an identifying eyewitness takes the stand and points to a defendant in a courtroom, the jury is more likely to render a guilty verdict. But how reliable is that identification? What if the eyewitness is on the stand identifying a perpetrator for the first time, in the court room, rather than at the police station with a lineup or photo array? How do those suggestive circumstances implicate a criminal defendant’s due process rights? First-time in-court identifications are inherently suggestive. While the Supreme Court has acknowledged the suggestive nature of similar identifications, it did not directly address first-time in-court identifications in its most recent eyewitness identification case, Perry v. New Hampshire. State and lower federal courts have filled the void in the Supreme Court’s jurisprudence, but they remain divided on how to handle identifications occurring for the first time in the courtroom. Some courts opt to require a preliminary screening to assess the reliability of the identification prior to in-court admission, while other courts maintain that traditional trial procedures, such as cross-examination, the right to counsel, and jury instructions, adequately protect defendants. After Perry, some state courts have provided defendants with additional protections. The high courts of Massachusetts, Connecticut, New Jersey, and Michigan all recognize the inherent suggestiveness of first-time in-court identifications and have adopted different procedures to protect defendants against the risks of misidentification. This Note explores the problems with first-time in-court identifications, the inadequacy of the Supreme Court’s current jurisprudence, and several states’ approaches to offering additional protection for defendants facing a first-time in-court identification. This Note calls for state and federal courts to adopt a more stringent standard of admissibility for first-time in-court identifications, and also urges courts to construe Perry broadly to encompass actions by prosecutors. Additional protections are necessary, and even critical, to prevent misidentifications that lead to wrongful convictions. Reforming the way trial courts handle first-time in-court identifications is one way to protect the rights of criminal defendants. [ABSTRACT FROM AUTHOR]

The document titled "LADR Case Notes (January 2024-May 2024) and FLJ Currents (Vol. 43, Issue 3)" provides summaries of various legal cases related to franchise law. These cases cover a range of topics, including non-compete agreements, antitrust claims, arbitration, bankruptcy, personal jurisdiction, misclassification disputes, termination of franchise agreements, and vicarious liability. The summaries provide an overview of each case, including the court's rulings and key legal issues. This document would be useful for library patrons researching franchise law and seeking information on recent legal developments in this area. [Extracted from the article]

On August 21, 2019, in Sullivan v. Flora, the U.S. Court of Appeals for the Seventh Circuit adopted the Independent Economic Value Test (IEV Test) to ascertain whether the constituent elements of a copyrighted material were multiple “individual works” or a “compilation” for purposes of statutory damages. In practice, this means that copyright owners, particularly in the music industry, can obtain significantly larger damages by permitting individual awards for each song within an album. The Seventh Circuit, in adopting the IEV Test, joined a growing list of federal circuit courts that rejected the U.S. Court of Appeals for the Second Circuit’s more limited issuance test, which evaluates the group nature of the copyrighted material as promulgated by the copyright holder. This Comment argues that the IEV Test adopted in Sullivan is the better of the two approaches because it respects Congress’s intent to allow for an objective and particularized analysis of the constituent elements of large collections of copyrighted material. Furthermore, it argues that the IEV Test could be further enhanced with structured jury instructions and the addition of a Fifth Amendment constitutional due process defense that defendants can assert when the aggregate award of statutory damages is excessive. [ABSTRACT FROM AUTHOR]

In 2022, in Priva v. U.S. Attorney General, the U.S. Court of Appeals for the Eleventh Circuit held that to prevail on a due process claim regarding the denial of counsel during a deportation-related reasonable fear hearing, a noncitizen aggravated felon must show that they were substantially prejudiced by the denial. Some courts have applied the substantial prejudice requirement to due process challenges to immigration proceedings. These courts have essentially treated denial of counsel claims as equivalent to other due process disputes. A majority of circuits recognize, on the other hand, that demonstrating substantial prejudice is not required when there is a corresponding statutory right to counsel. This Comment argues that the Priva court was wrong to impose the substantial prejudice requirement because there is a federal statutory right to counsel in deportation proceedings and the denial of counsel is distinct from other due process challenges due to its inherently prejudicial consequences. [ABSTRACT FROM AUTHOR]

What are the ethical challenges posed by mass self-communication and trial by social media? I investigate cancel culture through a case study of a teacher accused of racism based on a decontextualised video, highlighting the consequences of hasty public judgment without due process. A novel method of moderating call-out videos on You-Tube is proposed aimed at moderating this action by pairing the call-out and the response videos together. Further, I discuss the role of deepfake technology in shaping public perceptions as well as the monopolistic power of social-media platforms in controlling the dissemination of news and their responsibilities in mitigating the adverse effects of cancel culture. [ABSTRACT FROM AUTHOR]

"What mama doesn't know won't hurt her" does not apply in the criminal justice system. To the contrary, the U.S. Supreme Court's holdings in Maryland v. Brady and Giglio v. United States make clear that what criminal defendants do not know may very well hurt them. The Supreme Court has held that criminal defendants are constitutionally entitled under the Sixth Amendment to favorable, material information about government witnesses that may be used to impeach those witnesses. This includes information that may impeach a police officer's credibility. This criminal due process right is crucial because law enforcement officers are routine witnesses at trial; they are often the first on the scene of a crime, have direct access to victims and witnesses, and are usually--if not always--the actors gathering the evidence that will form the foundation of the prosecutor's case. The police's control over criminal investigations gives them great control over the facts of a defendant's case, and therefore great control over what the prosecutor tells or does not tell the defendant. Thanks in part to social media, instances of police misconduct in America have taken on a life of their own and reignited conversations about what kinds of credibility information about police officers criminal defendants may be entitled to under the Sixth Amendment and Supreme Court case law. Iowa is not immune to police misconduct nor criminal behavior, yet Iowa does not have a consistent, statewide procedure for disclosing this information to criminal defendants. Prosecutors in large counties have formed lists of historically dishonest officers--"Giglio lists"--to keep afoot of their constitutional obligations, while it is doubtful that small counties ever disclose police misconduct information. And as it currently stands, the Iowa legislation directed at police misconduct disclosures--otherwise known as "Giglio disclosures"--appears to render this disclosure procedure optional. To remedy these disparities, this Note proposes an amendment to Iowa's existing Brady-Giglio statute that clarifies the prosecutor's constitutional obligation to disclose police officer credibility material, regardless of how they chose to collect their information. Finally, this Note proposes that in the counties which opt not to create a formal list, defense attorneys should be required to participate in the camera review process with the judge who evaluates a police officer's disciplinary record to inform the judge of the types of information sought. [ABSTRACT FROM AUTHOR]

The article offers update on the legislative efforts of the Utah State Bar's Government Relations Committee in 2024. Among the bills recommended by the committee are House Bill (HB) 021 Criminal Accounts Receivable Amendments, HB 049 Justice Reform Task Force Sunset Extension, HB 338 Mentally Ill Offenders Amendments, HB 414 Due Process Amendments, Senate Bill (SB) 070 Judiciary Amendments, SB Indigent Defense Amendments and SB 167 Court Transcript Fee Amendments.

Just weeks before the Supreme Court in Dobbs v. Jackson Women's Health Organization abolished the individual right to terminate a pregnancy without government interference, Republican Senators in then-Judge Ketanji Brown Jackson's confirmation hearings queried her about the Ninth Amendment twenty-three times. Because the Ninth Amendment has long been treated as either excess verbiage or a rule of construction, the Senators' redundant questioning was auspicious: Could it play a role in the 6-3 conservative majority's reconfiguration of twentieth century constitutional law precedent? This Article explores the potential relationship between the Ninth Amendment and the modern Court's approach to unenumerated rights as a matter of substantive due process. It posits that, from the federalism vantage point outlined in dissenting opinions in Griswold v. Connecticut, the Ninth Amendment, considered alongside Dobbs, may be positioned to justify reversion Of other unenumerated rights to state legislatures within a generation's time. The problem with the Dobbs approach is that reliance on federalism as the panacea for rights protection is, empirically speaking, a myth. The majority in Dobbs signaled a penchant toward a restrictive view of unenumerated rights using "history and tradition as the touchstone, emboldening the role of States over other sources of what Justice John Paul Stevens once called the "conceptual core " of liberty. But the Dobbs majority wrongly assumed that the electoral system works fairly to reflect the actual will of the voting public. It also ignored the Supreme Court's decades-long hostility to voting rights, unnecessarily limiting the ability of individuals to elect representatives who will respond to the will of constituents. The Court's new doctrinal trajectory is thus not sufficiently robust to protect the individual from government overreach. Long before Griswold, the Court outlined an approach to unenumerated rights in Meyer v. Nebraska, which recognized rights beyond the Constitution's text as necessary to liberty while at the same time confining unelected judges' power to recognize new rights arbitrarily. Viewed as a mechanism for cabining the vast powers of government, Meyer offers a paradigm-shift in rights analysis--one that is grounded in the Court's precedent as positive law--that would appropriately tether it to the concepts of limited government that deeply animate the Constitution rather than on socially controversial culture debates. [ABSTRACT FROM AUTHOR]

The article describes the court case Alternatives v. Department of Human Services, wherein the Commonwealth Court of Pennsylvania considered government transparency and access to third-party records via the Right to Know Law (RTKL). It reviews RTKL provisions and statues and analyzes the dispute over access to invoices, receipts, expenditure documentation and agreements between Real Alternatives and its predecessor groups, and infringement of due process, privacy and property protection rights.

Copyright of Revista de Ciencias Sociales (13159518) is the property of Revista de Ciencias Sociales de la Universidad del Zulia Venezuela 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 A&C - Administrative & Constitutional Law Review - Revista de Direito Administrativo e Constitucional is the property of A&C - Revista de Direito Administrativo & Constitucional (Instituto Bacellar) 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 disciplinary responsibility of judges requires constitutional and legal reforms to adapt it to the needs of the rule of law, which is based on the full independence and impartiality of judges and the full enjoyment of fundamental rights of all, with particular attention to due process. Disciplinary liability is an official response to actions committed by a judge which compromise him or her as a judge, regardless of whether they are committed in court in the exercise of his or her powers or outside of court. The author analyses the legal and practical aspects of bringing judges to disciplinary liability based on the study of the High Council of Justice's practice regarding disciplinary misconduct of judges. The status of a judge requires not only special control over his/her own behaviour, but also appropriate actions by the State, since the authority of the judiciary and its support are still a matter of State concern - court decisions are proclaimed in the name of the State. The efficiency of the judicial system depends on various factors, one of which is disciplinary liability. The need to improve the legal and procedural aspects of bringing judges to disciplinary responsibility has been repeatedly pointed out by doctrinal approaches to the study of this issue, as well as by the conclusions of international experts. The European Court of Human Rights has also indicated the expediency of reforming the system of disciplinary responsibility of judges in its decision. The grounds for disciplinary liability of judges for violation of substantive and procedural law provided for by national legislation should continue to be enshrined in Article 106 of the Law of Ukraine 'On the Judicial System and Status of Judges'. [ABSTRACT FROM AUTHOR]