Search

In Western Equatoria, South Sudan, witchcraft accusations enable a narrativization of the material processes of predation that undergird the state, in a sphere adjacent to that of formal politics. These accusations critique the political economy of the South Sudanese state, but only at the cost of domesticating and individualizing critique, such that it plays out in the intimate sphere, without reference to state forces. Witchcraft accusations offer the possibility of explaining uncertainty, but on the condition that contingency can only be resolved in relation to intimate social relations, and not to the structural conditions that produce it. [ABSTRACT FROM AUTHOR]

Colonial rule in Sudan altered kingship and ended the kingdom among the Azande and neighboring groups. Yet the ruling clan, the Avongara, and the lineage of the precolonial Azande kings and chiefs continued. A century elapsed before a new institution, the Azande Kingdom, could be reborn with a new monarch at its head. This article draws on ethnographic research and interviews in Yambio, South Sudan, to show that the twenty-first-century Azande Kingdom, established in 2022, is a reinvented monarchy rather than a replica of its nineteenth-century predecessors. It concludes that the institution was formed through the amalgamation of four precolonial kingdoms in an invention that aimed to invoke the unification and traditions of the Azande within the confines of the modern nation-state of South Sudan. Unlike its predecessors, the Azande Kingdom is a modern creation modeled on modern governments with their ministers and departments. [ABSTRACT FROM AUTHOR]

Mangu , what Evans-Pritchard translated into English as "witchcraft" and around which he built his landmark ethnography, has disappeared among the South Sudanese Azande. But other kinds of witchcraft and magic (ngua) arise continuously. Drawing on anthropological research in South Sudan's local courts and on interviews with disputants, chiefs, and judges, this article dives into the opaque, elusive, and mercurial world of witchcraft and magic. Whereas mangu was used solely to do harm, today's ngua can be categorized along a spectrum from benign self-protection to malevolent pillaging and attacking ngua. When witchcraft cases are brought to local customary courts, there is room for nuance, precision, and for attention to the less arcane friction which often preceded witchcraft. But when customary courts punish alleged perpetrators, clashes abound with statutory judges and United Nations officials who see witchcraft as a dangerous falsehood and the imprisoned alleged perpetrators as victims of human rights abuses. [ABSTRACT FROM AUTHOR]

The Criminal Anarchy Acts of 1902 and 1903 are often seen as secondary in the history of American anarchism and legal history due to their limited use in court. This article focuses on the 1902 Criminal Anarchy Act of New York State, which was enacted following the assassination of President William McKinley in 1901 by alleged anarchist Leon Czolgosz. The paper delves into the international, national, and local circumstances that led to the passing of the law. It provides an analysis of the Act itself, highlighting its depoliticisation of anarchism, essentially criminalising it, and links its existence to America's legal approach to federalism. Furthermore, the article aims to uncover the repercussions of the Act: despite its limited use in court and the failed attempt to depoliticise anarchism, the Act left a significant mark on the anarchist movement in the United States. It also sparked debates on freedom of speech and ultimately contributed to the landmark Supreme Court decision in Gitlow v. New York (1925), which initiated the incorporation doctrine. [ABSTRACT FROM AUTHOR]

Bankruptcy was a key institution in the development of markets in Europe. However, the territoriality of jurisdictions and legal systems made international insolvencies difficult to manage. In the middle of the seventeenth century, cities such as Lyon developed networks of cooperation by granting foreign merchants equal rights to local creditors on a reciprocal basis. However, courts were reluctant to give foreign authorities control over assets and creditors on their territory. The article examines how the Lyon commercial court changed its policy towards international insolvencies during the second half of the seventeenth century. Whereas equal treatment of foreign creditors was conditioned on the recognition of an extraterritorial jurisdiction in the medieval fairs system, it now depended on the reciprocity of the legal status granted to merchants abroad. This system of cooperation between equally sovereign courts prefigured in many ways the current situation of private international law in bankruptcy matters. [ABSTRACT FROM AUTHOR]

The Court of Justice of the European Union (CJEU) ensures the uniform interpretation and application of European Union law. Its position as the court of the EU is explicitly and indisputably determined. The principle of the primacy of EU law over the domestic law of a Member State is considered one of the essential if not the essential requirement for the relationship between the separate legal orders: EU law on the one hand and domestic law on the other. Despite its unquestionable importance and unlike other principles developed by the CJEU, this primacy has never been incorporated in the founding treaties. The mechanism of references for preliminary ruling remains the primary means of dialogue between national courts and the CJEU. It enables the courts to maintain a harmonised interpretation of EU law and the use of the references by national courts is a good indicator of their relationship with the CJEU. It is noteworthy that the national courts have quickly embraced this instrument, thus the importance of the references for preliminary ruling exceeded the expectations of the framers of the Treaties in that originally they were intended as a complementary mechanism in the system of actions between the Member States and the Union bodies. [ABSTRACT FROM AUTHOR]

The article first situates the independent representation of rural judicial corporations at the territorial diets since the early fifteenth century within its administrative, agrarian, and social context. It becomes clear that the aggressive princely policy towards the nobility, the creation of judicial districts with central administrative and fiscal functions, and the consolidation of communal structures due to fragmented manorial conditions were more important in this process than Tyrol’s alleged peripheral geography. As a result, the institutionalized practice at the diets provided the judicial communities with the means, typical of territorial estate constitutions, of influencing legislation through gravamina tabled by their delegates (Landtagsboten, Gerichtsboten). Conversely, the acceptance of princely taxes among the subjects may have benefited from their being granted by rural representatives, too. The demands introduced by the Landtagsboten related, for instance, to price limits for food, export bans on cereals, or restrictions to incomers. This way, they reflected agrarian and artisanal concerns that could differ from the specific interests of the local elite (Ehrbarkeit), who combined peasant agriculture, inns, trade, capital transactions, and office-holding, and from which, according to prosopographic studies, most of the representatives derived. Indeed, the delegates’ letters of authority sometimes also referred explicitly to smallholders (Söllleute, Ingehäusen) as their principals, pointing to local methods of selection which can be characterized as “rudimentarily democratic”. [ABSTRACT FROM AUTHOR]

Race-based inequity in federal criminal sentencing is widely acknowledged, and yet our understanding of it is far from complete. Inequity may arise from several sources, including direct bias of courtroom actors and structural bias that produces racially disparate impacts. Irrespective of these sources, inequity may also originate from different loci within the federal system. We bring together the questions of the sources and loci of inequity. The purpose of our study is to quantify race-based disparate impact and differential treatment at the national level and at the level of individual federal judicial districts. We analyze over one-half million sentencing records publicly available from the United States Sentencing Commission database, spanning the years 2006 to 2020. At the system-wide level, Black and Hispanic defendants receive average sentences that are approximately 19 months longer and 5 months longer, respectively. Demographic factors and sentencing guideline elements account for nearly 17 of the 19 months for Black defendants and all five of the months for Hispanic defendants, demonstrating the disparate impact of the system at the national level. At the individual district level, even after controlling for each district's unique demographics and implementation of sentencing factors, 14 districts show significant differences for minoritized defendants as compared to white ones. These unexplained differences are evidence of possible differential treatment by judges, prosecutors, and defense attorneys. [ABSTRACT FROM AUTHOR]

Although the free use provision of the new Copyright Law of the People’s Republic of China has added a 13th clause (the miscellaneous clause), it has not changed the closure of the free use system. The nature of appropriate quotation is a transformative use. In China, court decisions on whether parody constitutes free use are inconsistent. The interpretation of the requirement for the designation of source in the free use standard must consider the creation habits of different forms and the citation conventions of different industries. Substantial use of the work is the premise of applying the free use standard. The determination of not conflicting with a normal explication of the work involves a demarcation of the market scope of the work. In addition, courts should investigate the economic and personal rights of copyright owners when it comes to judging ‘not unreasonably prejudicing the lawful interests of the copyright owner’. Finally, it is suggested that legislators should change the 13th clause into an open standard when revising copyright law in the future. [ABSTRACT FROM AUTHOR]

The provincial division of 1833 subdivided the Kingdom of Valencia into three provinces, although it kept the territorial limits of the Old Regime. This is explained because the provincial division project was carried out by the Ministry of Grace and Justice directed by Francisco T. Calomarde, minister of the penultimate absolutist government of Fernando VII, between 1825 and 1832. It was a reformist project with the aim of improving the administration of justice, for which it was based on the territorial divisions of the Chanceries and Courts, although dividing its territory into provinces and judicial districts. After the death of the monarch, in November 1833, the Minister of Public Works, Javier de Burgos, limited himself to approving the project. This contrasts with the first liberal projects and those that were proposed later, which were torn between the "provincialism" of the reformists and moderates and the uniformity of radical politicians, who sought to erase all memory of the kingdoms and territories of the Old Regime and consolidate a new "nation". The provincial division of 1833, which is still in force, by respecting the old territorial limits, has allowed the continuity of the collective consciousness of the historical territories and explains the consolidation of the current autonomous state. [ABSTRACT FROM AUTHOR]

Intimate partner violence against women (IPVAW) is a complex and multidimensional phenomenon derived from personal, situational and sociocultural factors. The comprehension of the characteristics of the local environment is key to better understand the geographical disparities in the prevalence of such violence and, consequently, in the exposure of the risk of suffering it. Furthermore, is essential for a better informed and localised intervention. Dynamic panel data model has been developed to pinpoint the relationship between IPVAW risk and situational and sociocultural aspects of spatial configuration. Using data from the General Council of the Judiciary of the 21 Judicial Districts of the Community of Madrid (Spain) between 2009 and 2019, we obtain that a lower socioeconomic status, a greater concentration of immigrant population and a greater average age of their population are associated with higher rates of judicial complaints of IPVAW. There is no evidence that a worse situation in the labour market, inferior access to educational, health and social resources and lower social cohesion are related to the risk of exposure to IPVAW. More in-depth research is needed into the influence of local factors on IPVAW that allow developing policies oriented to promote socio-territorial equity within regions and cities. • The local context factors can exacerbate or prevent IPVAW. • Some socioeconomic and cultural stressors increase the risk of IPVAW. • The place-based approach allows proposing better preventive strategies. • Strategies should include all stakeholders of local IPVAW ecosystem. • More in-depth research is needed into neighborhood's attributes and IPVAW. [ABSTRACT FROM AUTHOR]

The terms 'oppressive', 'unfairly prejudicial to' and 'unfairly discriminatory against' appear in two sections of the Corporations Act 2001 (Cth). The first, section 232, is the members' oppression remedy, and provides that the court may make an order if the conduct of the company's affairs is oppressive to a member of the company. The second is section 445D(1)(f) which allows for the court to terminate a deed of company arrangement if that deed is oppressive to one or more creditors. The wording of these two sections is near identical. However, this article demonstrates that the two sections have been treated differently by the courts and suggests why this might be the case. The article concludes that whilst it might be desirable to have a uniform approach to determine oppression in both sections, it would not be possible to do so as the contexts of each are vastly different. [ABSTRACT FROM AUTHOR]

The article focuses on noble distinction strategies has undergone in-depth studies and reflections in recent years connected with the realities of different Italian contexts. It mentions Transnationality of the elites whose historiographical developments are appropriately recalled in the texts and connected the interests and ambitions of some with the opportunities offered within of courts and administrative political systems.

In Bristol-Myers Squibb Co. v. Superior Court (BMS), eighty-six California residents and five hundred ninety-two nonresidents from thirty-three different states, who had originally filed eight separate complaints, used ordinary party joinder rules to file a mass tort action in California state court, alleging that Bristol-Myers Squibb's blood-thinning drug made them sick. The Supreme Court held in 2017 that the California state court did not have specific personal jurisdiction over the national pharmaceutical company because its contacts with California were insufficient in relation to the claims by nonresident plaintiffs. Although BMS was a mass action filed in state court, its applicability to other forms of aggregate litigation was left open by the Court. As a result, a growing split among the courts has emerged regarding BMS's effect on the claims of out-of-state plaintiffs in collective actions under the Fair Labor Standards Act (FLSA). To date, three United States Courts of Appeals have addressed the issue, reaching disparate results, while disagreements among the district courts cut across courts within the same judicial districts and circuits. This divided landscape highlights the need for further guidance from Congress and the Supreme Court to define the scope of specific personal jurisdiction in collective actions. This Note argues that to protect workers' rights, promote uniformity and judicial efficiency across the nation, deter forum shopping, and support federalism, the Supreme Court, Congress, or both should formulate a clear rule granting district courts specific personal jurisdiction over employers in FLSA collective actions with respect to the claims of nonresident plaintiffs. [ABSTRACT FROM AUTHOR]

xvith century poetic albums are the evidence of the female contribution to the cultural activities related to the «salons», coteries and aristocratic gatherings. In the perspective of literary studies that have been conducted for the past century, this article studies the circle of Catherine de Retz with the analysis of the manuscript Français 862 at the National Library of France. In this volume, many poems by Jean Passerat, Mellin de Saint-Gelais, Philippe Desportes, the Dames Des Roches, the cardinal Du Perron, without counting Amadis Jamyn whose sonnets deal with several muses, have been copied. In this article, love poetry by Jamyn and Jean de Cholières is analysed in relation to the Court (i.e. the secret love affair between king Charles IX and Anne d’Atri d’Aquaviva, also celebrated by Ronsard) and to the Retz «salon». By the close reading of some poems by Jamyn, transcribed in the manuscript Français 862, and other poems (identified or anonymous) that are published in La Guerre des masles contre les femelles (1588) by Cholières, this article suggests new attributions to Jamyn’s poetic production. It also attempts to link the name of the muse Aris, celebrated by Cholières and others, to the Maréchale de Retz. [ABSTRACT FROM AUTHOR]

The Victorian Court of Appeal was established in 1995. The Full Court of the Supreme Court, which it replaced, had an outstanding reputation as a court of criminal appeal. The first 10 years of the Court of Appeal in its criminal jurisdiction saw its judgments affirmed on 10 occasions and reversed twice by the High Court which disapproved of two authorities. The next 14 years have seen the Court of Appeal's judgments reversed 16 times and affirmed on six occasions with a large number of its decisions criticised, particularly in the area of sentencing. [ABSTRACT FROM AUTHOR]

The article offers information on the federal and state courts in the U.S. Topics covered include a map of the Idaho Judicial Districts, the Rules of Court Management adopted by the Idaho Supreme Court for the Second Judicial District effective August 28, 2018, and local rules for the District Court and Magistrate Division for the Fifth Judicial District.

The article reports that in the patent case, Iceotope Group Limited sued LiquidCool Solutions, Inc. for a correction of inventorship for LiquidCool's family of patents related to liquid-cooling technology. Topics include considered the court previously granted LiquidCool's motion to dismiss, finding that Iceotope had not plausibly alleged the facts to support its complete substitution of inventorship or joint inventorship claims.

The article reports on the dispute resolution in the Netherlands Liane Schmiedel Juridisch Loket. Topics discussed include out-of-court dispute settlement in the Netherlands, legal service agencies, the system of extrajudicial dispute settlement, information on the most common legal problems, and eligibility for free legal assistance or cost subsidy.

Copyright of Histórica (02528894) is the property of Pontificia Universidad Catolica del Peru 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.)

To have an informed discussion about judicial performance and efficiency, we will sometimes want to explore what judges actually do on an everyday level. But in many ways, courts have not always been paragons of transparency. Often the parties are the only people who are aware of what action a court has taken in a case. This paper explores that dynamic, in the context of decisions made by federal trial courts at one particular procedural stage--decisions made on motions to dismiss for failure to state a claim--Rule 12(b)(6) motions. There is growing interest in the work of federal trial courts, and to date, most legal researchers have turned to the same resource: commercially available databases. But they have done so conscious of the risk that many district court decisions will never find their way onto Westlaw or LEXIS. If the universe of opinions available on commercially available services is not representative of the entire universe of district court decisions, it is harder to draw conclusions about the work of federal trial courts and therefore more difficult to draw conclusions about judicial performance. This paper shows that the fear is justifiable: certain kinds of decisions, issued by judges sitting in certain judicial districts hearing particular kinds of cases, are overrepresented in services like Westlaw and LEXIS. This has the potential to affect the kinds of conclusions one might draw' from observations gleaned by reviewing decisions available only on commercial databases. More broadly, it has the potential to affect how lawyers and judges argue and adjudicate cases, and therefore to affect the corpus of law itself. [ABSTRACT FROM AUTHOR]

The recent economic crisis in Spain has revealed the weakness of a real estate model based on an over-indebtedness that was upheld and promoted by the financial and political system. As the foundations of this system began to crumble, the socioeconomic consequences soon started to show; among them, a rise in evictions and foreclosures that is particularly relevant to the field of Geography. This paper has two main goals: First, to provide a theoretical reflection on the state of affairs in real estate dispossession and eviction in the context of both the Spanish crisis and the global trend towards the financialization of the world economy; and second, to offer a methodological interpretation based on a new study source, namely, the proceedings filed in the Centralized Service of Process and Attachments Offices of judicial districts, which allow to examine how the above mentioned phenomena translate in spatial terms. The results of the study emphasize the structural character of dispossession through legal action in our country's secondary accumulation system as well as the need to move forward in the use of judicial records by means of a correct interpretation of proceedings and through the refining of the geographical information. [ABSTRACT FROM AUTHOR]

The article focuses on German settlement area in southern Moravia bordering Lower Austria did not form a uniform administrative unit until November 1918, but extended over several political districts with different national compositions. Topics include considered that the district was constituted on November 3, 1918, with reference to the last census results of monarchy from 1910, communities with German population were removed from the judicial districts and formed into administrative body.

In the original version of Figure 4, 11 of the districts were correct, but owing to an error there were four erroneous inclusions and three erroneous exclusions. In the original paper, Figure 3, contained the correct numerical results and the district names, but the district abbreviations on the horizontal axis did not match the full names to which they were attached. [Extracted from the article]

The author explains the effect of the COVID-19 pandemic on court processes and functions in Idaho. Topics discussed include the considerations made in conducting in-person court activities such as available spaces, Supreme Court orders that set the safety protocols for judicial districts and local trial courts, and the adoption of essential technology and access across the judiciary.

The article reports that the Magistrate Judge Mick Hodges with support from the Idaho Pro Bono Commission and Idaho Supreme Court joined attorneys and judges around the state to encourage participation in pro bono work. Topics include considered the Practice with Purpose tour stopped in each judicial district that gathers attorneys together to discuss pro bono opportunities and the Emeritus limited license.

The juvenile criminal trial assumes in Italy a "special configuration", aimed at the recovery and rehabilitation of the minor and to avoid that the sanctions imposed produce destructive effects in its psychosocial evolution (DRP 488/88). For this reason the various institutes foreseen and the organization of the trial itself are inspired more by a reparative logic than by a punitive logic. This determines that only in a limited and extreme measure the process closes with the imposition and subsequent execution of a sentence and that instead it is mainly made use of other institutions that already in the course of the procedure favor the start of a rehabilitation process. In this framework, for a couple of decades, the practice of Victim-Offender Mediation has been introduced in numerous judicial districts. The paper presents the results of an evaluation research on the results obtained through an experimental intervention of Victim-Offender Mediation carried out in a judicial district of Northern Italy. The results of the research make it possible to identify some factors and conditions of exercise associated with the outcome of the intervention and also elements that contribute to delineating the specificity and the implications of a psychological nature. Two are the most significant results. On the one hand, the effectiveness of the interventions was verified, but - at the same time - some important problems in their implementation are found. Beyond the very limited amount of situations that despite being sent by the judiciary have never had access to the service (in 6.0% of cases the victim or the offender has not become available even to perform the informative and preliminary interview) was found that only in 57.1% of the cases initiated was it possible to complete the course (ie to carry out the direct meeting between the offender and the victim): in these situations the outcome was positive in 78.5% of cases. In 42.9% of cases, however, the intervention was interrupted after the preliminary phase (in which the victim and the perpetrator were individually met). [ABSTRACT FROM AUTHOR]

Certifying a class is the first and most important step in bringing a claim as a class action. For certain plaintiffs, especially those suing on the basis of a contract like royalty owners of oil and gas leases, the class action is the only practical means of bringing a claim against the oil and gas production companies. In the past few years, the Supreme Court has raised the standard for Rule 23 class certification requirements. Over the same timeframe, circuits like the Fifth Circuit have reversed numerous orders certifying classes. Royalty owners are especially susceptible to unfavorable review because a reviewing court can point to minute differences within leases as the reason why the class fails to satisfy Rule 23. Rather than focus on the requirements of Rule 23, this Note examines the relationship between the circuit and district courts and the standard of review that should govern the circuit courts' review of a certification order. There is a consensus that the abuse-of-discretion standard applies to review of certification orders, but the ambiguous definition of abuse of discretion has allowed circuit courts free reign when reviewing classes. To maintain the class action as a managerial tool for the district court, this Note proposes two solutions. First, the Note explains that codifying the abuse-of-discretion standard in Rule 23 will prevent circuit courts from circumventing the standard and push circuit courts to treat abuse of discretion as an independent standard. Second, the Note argues that each issue within the certification order falls somewhere along the abuse-of-discretion spectrum, and the Note provides examples from royalty litigation to illustrate how the spectrum should operate. These steps remedy the current imbalance of power between circuit and district courts regarding the decision to certify a class. [ABSTRACT FROM AUTHOR]

The article discusses the U.S. federal and state courts in Idaho as of 2018, and it provides a map of Idaho's judicial districts. Court locations, bankruptcy law-related meetings, and contact information for administrative employees at various courts is presented. Court assistance services are examined, as well as trial courts, the American Bar Association, and the University of Idaho College of Law.

Media reports routinely reference the drug-related violence in Mexico, linking crime in communities along the Southwest U.S. Border to illegal immigrants. The primary purpose of the current research is to examine whether the media assertions can be supported. Logistic regression models were run to determine the impact of citizenship on the likelihood of disproportionate arrest for federal drug and violent crimes, along the U.S./Mexico border. In arrests for homicide, assault, robbery, and weapons offenses, U.S. citizens were disproportionately more likely than non-citizens to be arrested. The only federal crime where non-citizens were disproportionately more likely to be arrested than were U.S. citizens was for marijuana offenses. Results of the current study challenge the myth of the criminal immigrant. [ABSTRACT FROM AUTHOR]

The national offender reentry movement, Second Chance Act, and the widespread transfer of offender programming to community corrections have coalesced to substantially increase treatment for mental health and substance disorders within the criminal justice system. Intervention commonly entails program evaluation for accountability and empirical evidence by which to specify what works. Though mixed methods evaluation is preferable to a singular qualitative or quantitative approach, process steps are commonly overlooked. This paper relates an implementation and process design and evaluation midpoint findings for the Louisiana 22nd Judicial District's Behavioral Health Court program, a post-conviction treatment initiative for mental health offenders. Interview guides and a fidelity instrument facilitated site visit data collection. Findings inform program implementation intensity, performance, improvement opportunities, and related fidelity research. [ABSTRACT FROM AUTHOR]