Search

Lina Khan, the youngest-ever chair of the Federal Trade Commission (FTC), is leading the charge against corporate consolidation and anticompetitive practices. Despite facing criticism and backlash, Khan is using existing laws and proposing new rules to enforce regulations and increase accountability. However, there is still resistance from the judiciary and a need for legislative action to strengthen antitrust laws. Khan remains focused on creating lasting change and ensuring that corporations are held accountable for their actions. [Extracted from the article]

A recent study conducted by researchers at Univerzitet u Nisu explores the issue of revenge pornography from criminological and criminal law perspectives. The study highlights the increasing use of modern technologies as a means of victimizing women and discusses the emergence of deepfake and revenge porn as new forms of violence against women. The paper provides an overview of normative solutions in certain countries and analyzes the case law of the European Court of Human Rights on this issue. The research concludes that adequate protection for female victims of revenge pornography is crucial in order to increase women's security and confidence in the justice system. [Extracted from the article]

The article discusses a court case of Jones, a suspect in drug trafficking and conspiracy charges. It states that Jones' vehicle was fixed with a GPS tracking device for 28 days, though the officers had obtained a warrant authorizing the installation for 10 days. On January 23, 2012, the U.S. Supreme Court issued its opinion in the Jones case, finding that the government's actions constituted a search under the Fourth Amendment.It agreed the government violated Jones's Fourth Amendment rights.

Copyright of Justicia is the property of Libreria Bosch, S.L. 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.)

(Bloomberg) -- Donald Trump had his own way of keeping records during his presidency: heaping documents in boxes, tearing up papers to signal a discussion was over, even flushing some notes down the White House toilet. The transition from Trump to President Joe Biden was highly unusual because of Trump's refusal to concede his defeat, an act that triggers cooperation between the outgoing and incoming presidents. [Extracted from the article]

Copyright of Justicia is the property of Libreria Bosch, S.L. 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 introduces papers published within the issue focusing on such topics as national legal systems, substantive law and private international law.

Copyright of IUS ET VERITAS is the property of Asociación IUS ET VERITAS 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 Justicia is the property of Libreria Bosch, S.L. 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 analyses the legal and practical implementation of the right to be heard and be represented of children in criminal proceedings, both in the framework of the United Nations Convention on the Rights of the Child (CRC) and in the context of Estonian and Cambodian legal systems. Estonia has been chosen as a model state of EU by which also the EU principles are reflected. Particularly, this paper provides a comparative analysis of the implementation of a child's right to be heard and be represented in Estonia and Cambodia by examining the legal standards concerning children's right to be heard and be represented enshrined under the CRC together with the regulations and policies of each respective country, and, to a smaller extent, how the principles of the CRC are reflected in EU law and policies. Examples of actual practices in Estonia and Cambodia are discussed to understand whether both countries are compliant with the principles of the CRC. This paper suggests that Estonia and Cambodia both acknowledge their human rights obligations regarding children's rights, and their legal regulations and policies are in accordance with the CRC principles. However, there remain gaps in the implementation of these policies and regulations in both countries. This view is justified by the analysis of the performance of judicial professionals, including judicial police, lawyers, prosecutors and judges. While critically analyzing the challenges, this article also suggests changes to address the problem. [ABSTRACT FROM AUTHOR]

Copyright of Justicia is the property of Libreria Bosch, S.L. 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 Revista Española de Capital Riesgo is the property of M&A Businesshop, S.L. 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 examines the administration of justice in the U.S. Abuses by lawyers of the pre-trial process of discovery of evidence in civil actions are discussed in terms of their effect on the cost of litigation. The increased length and complexity of discovery is also examined as a factor in lengthy delays in the conduct of trials.

Copyright of IUS ET VERITAS is the property of Asociación IUS ET VERITAS 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 Justicia is the property of Libreria Bosch, S.L. 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 Justicia is the property of Libreria Bosch, S.L. 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 Nuevo Derecho is the property of Institucion Universitaria de Envigado, Faculta de Derecho y Ciencias Politicas y Juridicas 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.)

If this COVID-19 pandemichas taught us anything, itis that courts -- like mostbrick-and-mortar businesses--arenot equippedto handle a crisis of such magnitude. A simple "website "with thecourt's online civil docket calendarallows lawyers to peruse thecourt calendar and effortlesslyselect a mutually convenientdate for their upcoming conference/hearing. [Extracted from the article]

Presents information on the U.S. Supreme Court case Hiibel v. Sixth Judicial District Court of Nevada. Possible effect of the victory of Larry Hiibel.

Copyright of Justicia is the property of Libreria Bosch, S.L. 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 IUS ET VERITAS is the property of Asociación IUS ET VERITAS 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.)

Judicial independence did not only become more visible in the recent case law of the Court of justice but has also been analysed as a systemic parameter of the Union. This article discusses a sample of three cases, Associação Sindical dos Juízes Portugueses, Achmea, and L.M., to assess the notion of judicial independence as applying regarding the national judges in the judicial system of the Union. Judicial independence, as a notion of EU law, is primarily a constitutional requirement presumably deferent to Member States' standards and pursuing the proper functioning of the Union's judicial system, namely its effectiveness. However, the recent case law testifies the emergence of a common EU standard of judicial independence, which does not only apply as a minimum standard throughout the Union but also affects the national legal orders. Ultimately, the analyses of the paper point out a curious harmony regarding judicial independence between the principles of effectiveness of Union law and of effective judicial protection under that law without clarifying their articulation. [ABSTRACT FROM AUTHOR]

The article focuses on Early Neutral Evaluations (ENE) as a form of Alternative Dispute Resolution (ADR) in legal proceedings, highlighting their role in providing a preliminary judicial assessment of case merits to facilitate settlement. Topics include the procedural flexibility of ENEs, their suitability for disputes centered on legal interpretations rather than factual disputes, and the potential advantages and drawbacks such evaluations offer in terms of time and cost savings.

This article explores the importance of due process in campus sexual assault cases, highlighting various instances where due process violations have occurred. It argues that due process is a fundamental principle that should be upheld in both the criminal justice system and on college campuses. The article also addresses the issue of false accusations in Title IX cases, suggesting that the current focus on feelings rather than facts has contributed to an increase in false allegations. The authors propose that the federal government should establish a minimum standard of due process in Title IX cases to protect the rights of the accused while addressing sexual assault on campuses. [Extracted from the article]

This article explores the challenges faced by defendants in anti-SLAPP lawsuits, which aim to protect free speech. The laws vary across states, and federal courts have been inconsistent in their application of these laws. This inconsistency creates uncertainty for defendants and may discourage individuals from exercising their constitutional rights. The article suggests that a federal anti-SLAPP law could provide more consistent and effective protection in federal court. [Extracted from the article]

This article explores the issue of wrongful convictions in the American criminal justice system, using the case of Robert DuBoise as an example. It discusses the factors that contribute to wrongful convictions, including witness coercion, false confessions, inadequate legal representation, and racial bias. The article also examines the costs associated with wrongful convictions, such as the risk of actual criminals going free, financial compensation for those who are exonerated, and the loss of public trust in the justice system. It emphasizes the need for ongoing efforts to improve the accuracy and fairness of the system, particularly in Black and Latinx communities. The article suggests various reforms that could help reduce the risk of wrongful convictions, such as adopting science-backed practices for eyewitness identification, regulating the use of jailhouse informants, and increasing funding for public defense systems. It also highlights the importance of providing access to post-conviction DNA testing and allowing the presentation of new evidence of innocence. While completely eliminating wrongful convictions may be challenging, the article suggests that smaller changes can be made to improve the administration of justice without compromising public safety. [Extracted from the article]

Copyright of Justicia is the property of Libreria Bosch, S.L. 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 Justicia is the property of Libreria Bosch, S.L. 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 European Review of Private Law is the property of Kluwer Law International 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.)

Discusses the release of Justice Thurgood Marshall's papers which revealed that the U.S. court justices rarely communicate in writing about the substance of their work. Indication that judges are content to join their opinions and dissents without requesting any substantive changes at all; Lack of intellectual debate in the courts; Internal pressure among justices to join a majority opinion; Marshall's habit of delegating virtually all of his writing to his clerks; Decrease in the number of cases accepted for review in the 1980s; Implications of the findings for law and the administration of justice.

The article presents some economic and political updates as of August 6, 1903. One of the updates comments on the paper by professor Charles J. Bullock titled "The Concentration of Banking Interests in the United States." He takes, for purposes of illustration and comment, the drawing together of certain groups of banks and trust companies in New York City. They represent in part consolidations and in part affiliations. Another update highlights that at a confederate reunion recently held at Brownsville, Pennsylvania, a Federal judge spoke of cowardice in the jury-box as a prime cause of the trouble now afflicting the U.S.

The article offers the author's insights on the U.S. grand jury. It states that the indictment against Daniel Ellsberg, who released the Pentagon papers, has revived longstanding criticisms of the body that is usually celebrated as protector of individual liberties. It says that in the wake of the investigation over the Pentagon papers, even Harvard Law professor James Vorenberg profess to witness modern-day grand juries as comparable to congressional committees of politician Joseph McCarthy.

The area of freedom security and justice (AFSJ) is currently one of the most dynamic EU integration areas. Largely absent from the debate on mutual recognition, which is the main regulatory practice in this policy field, within the AFSJ there has been the need to ensure a better balance between security focused instruments and due process rights in national courts. This paper discusses the impact of a proportionality test in the AFSJ and the function of the European Court in this balancing exercise. In addition the paper discusses the consequences, dangers and merits, of applying a margin of appreciation test in this area and what the EU can learn from Strasbourg with regard to the adequate protection of human rights. [ABSTRACT FROM AUTHOR]

Copyright of Justicia is the property of Libreria Bosch, S.L. 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 Justicia is the property of Libreria Bosch, S.L. 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 informs about two separate inquiries received by Pollex, with one seeking opinion on an unconventional court procedure and the other detailing a legal dispute over a deceased estate. Topics include a summary trial at the Cape Town High Court for child abuse and murder, the importance of restorative justice, and challenges faced by the Department of Correctional Services in providing rehabilitative services.

The Justice Department contended in court papers that Texas has "successfully nullified" the court's abortion-rights precedents by designing the law to avoid federal judicial review. (Bloomberg) -- The U.S. Supreme Court said it will hear arguments on an expedited basis on a Texas law that has largely stopped legal abortion in the state, leaving the restrictions in place for now while raising the stakes in what will be a pivotal term for reproductive rights. [Extracted from the article]

In this paper, the author seeks to explain to lawyers other than from a common law background the approach of English courts to the authoritative impact of previous decisions ('precedents' if a first sense), an approach which English law has famously (or notoriously) set in the framework of the 'doctrine of precedent' by which previous decisions can bind subsequent courts ('precedent' in a second sense). In order to do so, the author first sets this doctrine in the context of certain particular features of the wider legal system (the constitutional position of judges, the relationship between statute and the common law, the unity of English judicial institutions and the relative roles of judges and the parties). The author then describes the formal doctrine of precedent but then seeks to explain the use of earlier authority by modern English judges, illustrating this by reference to the recent decision of the House of Lords in Shogun Finance Ltd v Hudson. The picture which emerges is much more complex than the formal doctrine suggests: rather than following previous decisions in a mechanistic way, English judges engage closely with the variety of approaches, techniques, principles and considerations which they find in earlier judgments, and they evaluate the substantive arguments which these address. In all this, they are willing to innovate, though they are also conscious of the practical and constitutional limitations on judicial law-making. In a final part of the paper, the author considers whether English judges extend their treatment of common law cases to decisions of the European Court of Justice or the European Court of Human Rights. [ABSTRACT FROM AUTHOR]

This article reports on several political developments. Highly complicated issues were involved in the coal-road suits, decided by the Supreme Court on Monday, and it is somewhat difficult to understand the attitude of the judges towards all the matters argued before them. But in reality the Court merely says that many of the acts complained of in the Government suit were committed before the passage of the Hepburn act. If one wishes to be strengthened in his conviction, that the sooner the indirect election of United States Senators is done away with, the better, he has but to look at the Baltimore papers nowadays.

But at a hearing in mid-May, Judge Diane Kiesel, who will preside over McCarter's trial, rebuffed the offer, stating that she had never approved an Alford plea and that, because McCarter had been indicted for murder, she would not accept a conditional discharge. SHORTLY BEFORE Murray rang her buzzer on that fateful March night, McCarter's younger daughter, Ashley, still living in San Antonio, told her she was pregnant. That night, shortly before the phones cut off at 8 pm, McCarter called her oldest daughter, Ariel Robbins, and learned that Ashley had gone into labor. In hours of interviews, both in 2020 and more recently for this article, McCarter never once said that she had stabbed Murray.) We do know that when the police arrived, McCarter was administering first aid, pressing a towel to Murray's wound to stop the bleeding. [Extracted from the article]

The document titled "Legal Psychology and Legal Issues" is a white paper that addresses healthcare for individuals with severe mental disorders in Spanish prisons. The book provides information on general concepts, methods, available healthcare and social resources, as well as the care trajectory of individuals with severe mental disorders involved in the judicial system. It also analyzes the psychiatric prisons in Alicante and Seville, pharmaceutical care in the prison environment, and healthcare and social assistance programs in the community. Additionally, it mentions the transfer of penitentiary healthcare competencies to the Basque Country and presents models of mental health care in Catalonia. [Extracted from the article]

Copyright of European Review of Private Law is the property of Kluwer Law International 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 Justicia is the property of Libreria Bosch, S.L. 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 Justicia is the property of Libreria Bosch, S.L. 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 Justicia is the property of Libreria Bosch, S.L. 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.)